HomeMy WebLinkAboutC2012-064 - 2/28/2012 - ApprovedSTATE OF TEXAS STATE ENERGY CONSERVATION OFFICE
COUNTY OF TRAVIS AGRE
l l:•l2cncuaUlc -A[t! ttc! 13tttice Revised
0913012011
Alternative Fuels Initiatives Grant Program
Recitals
Whereas, the Comptroller of Public Accounts (Comptroller), State Energy Conservation Office (SECO or the "Program ")
has announced its Request for Applications (RFA) No. AF -GI -2011, an opportunity to apply for grant funds to support
the Comptroller's State Energy Program for alternative fuels initiative grants which are managed by the State Energy
Conservation Office (SECO); and City of Corpus Christi Gas Department.
Whereas, Chapters 403, 447, 791 and 2305, Texas Government Code authorize the Comptroller and SECO to consider
applications for and award grant funds to eligible public entities to fund approved grant- funded projects and activities; and
Whereas, City of Corpus Christi Gas Department Is eligible to receive an award of grant funds as a result of the RFA
process; and
Whereas, the Comptroller wishes to award grant funding to City of Corpus Christi Gas Department (Grantee) and the
Comptroller and Grantee wish to enter into this Grant Agreement (the "Agreement"); and
Whereas, on 20"e governing board or board of trustees of Grantee City of Corpus Christi Gas
Department adopted a resolution authorizing execution of this Agreement; and
Whereas, under this Agreement, Grantee shall fully comply with all terms, conditions, requirements, and other
requirements of the Program and this Grant Agreement, including those set forth in the Attachments attached to and
incorporated in this Agreement; and
Whereas, in consideration of Grantee's compliance with all eligibility and other requirements of the Program and this
Agreement, Comptroller agrees to award grant funds to Grantee on a cost reimbursement basis in an amount not to
exceed 5100,000.00 and
Whereas, the foregoing grant amount shall be utilized by Grantee solely for the purposes of the Program and
Comptroller's requirements regarding same, in addition to requirements as may be provided by Comptroller throughout
the term of this Agreement.
Now, Therefore, in consideration of all of the foregoing, the parties hereby agree as follows:
L Parties
This Agreement is made and entered into by the following parties:
Comptroller: Comptroller of Public Accounts,
LBJ State Office Building
I 1 I E. 17" Street
Austin, Texas 78774
Grantee: City of Corpus Christi Gas Department
4225 South Port Avenue
Corpus Christi, TX 78415 -5311
2012 -064
Res029378
2128112
SECO
INDEXED
II. Authority
This Grant Agreement (Agreement) is entered into pursuant to Chapters 403, 447, 791, and 2305, Texas Government
Code. Funding of this grant is provided by the Comptroller of Public Accounts via the United States Department of
Energy (DOE).
III. Services
Grantee shall utilize the grant funds solely for the purposes authorized by the Comptroller and the program and shall
maintain full compliance with all terms and conditions described in the Grant Application and all Attachments to this
Agreement, which are attached hereto and incorporated herein for all purposes. In addition, Grantee shall fully comply
with all special provisions of this Agreement and reporting requirements and with Comptroller directives, throughout the
term of this Agreement.
Grantee shall retain full control over the personnel, equipment, supplies, and other items Grantee selects as necessary to
comply with the terms of this Grant and as described in Attachment B. This Agreement does not involve proprietary
rights or intellectual property issues.
Grantee shall submit such records, information, and reports in such form and at such times as may be required by
Comptroller; these reports shall include, but are not limited to, the reports specified in Attachment A.
IV. Payments
Total payments to Grantee under this Agreement shall not exceed One Hundred Thousand Dollars and No Cents,
($100,000.00). Grantee's payments under this Agreement are limited to reimbursements of actual authorized costs
incurred pursuant to the budget provided in Attachment B, which is attached to and is incorporated into this Agreement.
No other amounts shall be paid. Each month, Grantee shall submit each request for payment by submitting a detailed
invoice, listing expenses by budget categories to the Comptroller. Grantee shall submit invoices that are fully supported
by receipts and such other documentation. Comptroller reserves the right, in its sole discretion, to withhold payment of
invoices for which Grantee does not submit documentation acceptable to Comptroller. Grantee shall submit monthly
invoices for equipment purchased, services performed and costs incurred in the prior month.
Title to and control over equipment or license of any software so purchased for Grantee's performance under this
Agreement shall remain with Grantee so long as it is being used for the purpose for which it was intended under the terms
of this Agreement.
Comptroller reserves the right, in its sole discretion, to authorize revisions to budgeted amounts to provide for flexibility
within budget categories. Comptroller must give prior approval of all such revisions through its execution , of a written
amendment to this Agreement.
V. Inspection, Monitoring and Records
Grantee shall permit Comptroller to inspect and shall make available to Comptroller for inspection any and all pertinent
records, files, information and other written material pertaining to the operation of programs and expenditure of funds
under this Agreement. This information includes, but is not limited to, all information maintained by Grantee or any of its
agents, employees or other parties. Grantee shall maintain, keep and preserve at its principal office all such records for a
period of four (4) years and make the same available to Comptroller, other state or federal agencies for auditing or other
purposes authorized by applicable federal or state law or guidelines. Comptroller may also carry out monitoring and
evaluation activities to ensure Grantee's compliance with the Program that is the subject of this Agreement and to make
available copies of all financial audits and related management letters of Grantee, if any, as required under any applicable
federal or state law or guidelines. Grantee shall also comply with the inspection, monitoring and records requirements of
this agreement.
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VI. Termination
Comptroller reserves the right, in its sole discretion, to terminate this Agreement at any time, with or without cause, upon
thirty (30) days' written notice to Grantee.
Upon receipt of notice of termination from Comptroller, Grantee shall immediately cease to submit monthly statements or
requests for reimbursement and shall cancel, withdraw or otherwise terminate any outstanding orders or commitments
under this Agreement as of the effective date of such termination and shall otherwise cease to incur any costs. Comptroller
shall have no liability whatsoever for any costs incurred after such termination date. Grantee may be required to return
any or all grant funds to Comptroller upon termination of this Agreement for any reason.
VII. No Indemnification
The parties to this Grant Agreement agree that neither shall indemnify the other for any liability or damages under the
terms of this Agreement.
VIII. Subcontracting
Grantee may subcontract or sub -grant for the purposes of this Agreement as specifically authorized by Comptroller
pursuant to the terms and subject to compliance with the flow down provisions of Attachment I of this Agreement.
IX. Amendments
This Agreement may only be amended upon the written agreement of the parties by executing an amendment to this
Agreement; however, Comptroller may unilaterally amend this Agreement as provided in Paragraph XVIII.
X. Incorporation of Attachments; Incorporation by Reference
This Agreement consists of all of the following documents which are attached to and incorporated in this Agreement for
all purposes:
This Grant Agreement;
The Comptroller's RFA;
Attachment A:
Attachment A -1:
Attachment B:
Attachment C -1:
Attachment C -2:
Attachment D:
Attachment E:
Attachment F:
Attachment G:
Attachment H:
Attachment I:
Attachment J:
Application Instructions and Official Questions & Answers
Deliverables Statement
Approved Application
Project Budget
Assurance of Compliance with Nondiscrimination Laws- Grantee;
Assurance of Compliance with Nondiscrimination Laws - SubGrantee
Certification Regarding Debarment, Suspension, Eligibility;
Certification Regarding Lobbying, Suspension;
Lobbying Activities;
DOE Assurances;
Intellectual Property Provisions;
SubGrantee or Sub - grantees; Flow down Provisions; and
Execution of Application
In the event of a conflict, the following documents shall control in the following order of (descending) precedence:
1. Grant Application and it's Attachments C -1, C -2, and D -J;
2. Comptroller's RFA; Application Instructions and Official Questions & Answers;
3. Attachments A (Deliverables Statement) and B (Project Budget);
4. Agreed Project Work Plan, if any; and
5. Attachment A-1 (Approved Application)
All applicable rules, regulations and all other requirements imposed by law, including, but not limited to, those pertinent
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rules and regulations of Comptroller and the State of Texas, are incorporated into this Agreement by reference as if
specifically written herein.
XI. Funding
Comptroller's performance of its obligations under this Agreement is contingent upon and subject to availability of and
actual receipt by Comptroller of sufficient and adequate funds from the sources contemplated by this Agreement. This
Agreement is subject to immediate cancellation or termination, without penalty to Comptroller, subject to the availability
and receipt of these funds. In addition, Comptroller's authority and appropriations are subject to the actions of the Texas
Legislature. If Comptroller becomes subject to a legislative change, revocation of statutory authority or lack of funds that
would render the services to be provided under this Agreement impossible or unnecessary, Comptroller may terminate this
Agreement without penalty to Comptroller or the State of Texas. In the event of a termination or cancellation under this
Paragraph, Comptroller shall not be required to give notice and shall not be liable for damages or losses caused or
associated with such termination or cancellation.
XII. Term of Agreement
The term of this Agreement shall begin on the date executed by all parties and be effective until August 31, 2012, unless
terminated earlier in accordance with other provisions of this Agreement. The provisions of the following shall survive
the termination or expiration of this Agreement: Paragraphs V, VII, XV, XVI, XVII; Sections 19.2, 19.3, 19.6; and
Attachment C.
XIII. Force Majeure
Except as otherwise provided, neither Grantee nor Comptroller shall be liable to the other for any delay in, or failure of
performance of any requirement contained in this Agreement caused by force majeure. The existence of such causes of
delay or failure shall extend the period of performance until after the causes of delay or failure have been removed,
provided the non - performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of
God, war, terrorist attacks, fires, explosions, earthquakes, hurricanes, floods, failure of transportation, or other causes that
are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably
have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome.
Each party must inform the other in writing with proof of receipt within three (3) business days of the existence of such
force majeure or otherwise waive this right as a defense.
XIV. Assignment
Grantee shall not transfer or assign any rights or duties under or any interest in this Agreement. Grantee shall not delegate
its responsibilities or duties under the terms of this Agreement.
XV. Property Rights
For purposes of this Agreement, the term "Work" is defined as all reports, work papers, work products, materials,
approaches, designs, specification, systems, documentation, methodologies, concepts, intellectual property or other
property developed, produced or generated in connection with the Grantee's Project(s) under this Agreement. Grantee
acknowledges and agrees that the Work (and all rights therein) belongs to and shall be the sole and exclusive property of
Comptroller.
Grantee does hereby assign, and transfer to Comptroller, its successors and assigns, the entire right, title and interest in
and to the copyright in the Work and any registrations and copyright applications relating thereto and any renewals and
extensions thereof, and in and to all works based upon, derived from, and incorporating the Work, and in and to all
income, royalties, damages, claims, and payments now or hereafter due or payable with respect thereto, and in and to all
causes of action, either in law or in equity for past, present, or future infringement based on the copyrights, and in and to
all rights corresponding to the foregoing. Grantee agrees to execute all papers and to perform such other property rights
transfers, as Comptroller may deem necessary to secure for Comptroller or its designee the rights herein assigned.
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The parties to this Grant Agreement agree that this Agreement does not involve proprietary rights or intellectual property
rights issues.
No later than the first calendar day after the termination or expiration of this Agreement or at Comptroller's request,
Grantee shall deliver to Comptroller all completed, or partially completed Work and any and all documentation or other
products and results of the Grantees Project(s). Failure to timely deliver such Work: and any and all documentation or
other products and results of results of the Grantee's Project(s) shall be considered a material breach of this Agreement.
Grantee shall not make or retain any copies of the Work or any and all documentation or other products and results of the
Grantee's Project(s) without the prior written consent of Comptroller, except to the extent necessary in the ordinary course
of business.
In the event of any conflicting provisions between this Paragraph and Attachment H, Attachment H shall control.
XVI. Severability Clause
In the event that any provision of this Agreement is later determined to be invalid, void, or unenforceable, then the
remaining provisions of this Agreement shall remain in full force and effect, and shall in no way be affected, impaired, or
invalidated.
XVIL Dispute Resolution Process
Chapter 2260 of the Texas Government Code ( "Chapter 2260 ") prescribes dispute resolution processes for certain breach
of contract claims applicable to certain contracts for goods and services. As required by Chapter 2260, Comptroller has
adopted rules under Chapter 2260, codified at 34 Texas Administrative Code §§ 1.360 — 1.387, and may adopt revisions to
these rules throughout the term of this Agreement, including any extensions. Grantee shall comply with such rules.
The dispute resolution process provided for in Chapter 2260 of the Government Code shall be used, as further described
herein, by Comptroller and Grantee to attempt to resolve any claim for breach of contract made by Grantee under this
Agreement:
(A) Grantee's claim for breach of this Agreement that the parties cannot resolve in the ordinary course of business
shall be submitted to the negotiation process provided in Chapter 2260. To initiate the process, Grantee shall
submit written notice, as required by Chapter 2260, to the Deputy Comptroller or his or her designee. Said notice
shall also be given to all other representatives of Comptroller and Grantee otherwise entitled to notice under this
Agreement. Compliance by Grantee with Chapter 2260 is a condition precedent to the filing of a contested case
proceeding under Chapter 2260.
(B) The contested case process provided in Chapter 2260 is Grantee's sole and exclusive process for seeking a
remedy for an alleged breach of contract by Comptroller if the parties are unable to resolve their disputes under
subparagraph (A) of this Section.
(C) Compliance with the contested case process provided in Chapter 2260 is a condition precedent to seeking consent
to sue from the Legislature under Chapter 107, Civ. Prac. and Rem. Code. Neither the execution of this
Agreement by Comptroller nor any other conduct of any representative of Comptroller relating to this Agreement
shall be considered a waiver of sovereign immunity to suit.
For all other specific breach of contract claims or disputes under this Agreement, the following shall apply:
Should a dispute arise out of this Agreement, Comptroller and Grantee shall first attempt to resolve it through direct
discussions in a spirit of mutual cooperation. If the parties' attempts to resolve their disagreements through negotiations
fail, the dispute will be mediated by a mutually acceptable third party to be chosen by Comptroller and Grantee within
fifteen (15) days after written notice by one of them demanding mediation under this Section. Grantee and Comptroller
shall pay all costs of the mediation equally. By mutual agreement, Comptroller and Grantee may use a non - binding form
of dispute resolution other than mediation. The purpose of this Section is to reasonably ensure that Comptroller and
Grantee shall in good faith utilize mediation or another non - binding dispute resolution process before pursuing litigation.
Comptroller's participation in or the results of any mediation or another non - binding dispute resolution process under this
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Section or the provisions of this Section shall not be construed as a waiver by Comptroller of (1) any rights, privileges,
defenses, remedies or immunities available to Comptroller as an Comptroller of the State of Texas or otherwise available
to Comptroller; (2) Comptroller's termination rights; or (3) other termination provisions or expiration dates of this
Agreement.
XVIII. AppIicable Law and Conforming Amendments
Grantee shall comply with all state and federal laws, regulations, requirements and guidelines applicable to a Grantee
providing services to the State of Texas, as these laws, regulations, requirements and guidelines currently exist and as they
are amended throughout the term of this Agreement. Comptroller reserves the right, in its sole discretion, to unilaterally
amend this Agreement prior to award and throughout the term of this Agreement to incorporate any modifications
necessary for Comptroller's or Grantee's compliance with all applicable state and federal laws, regulations, requirements
and guidelines. Other than this provision, this Agreement may only be amended by the written agreement of the parties.
XIX. Additional Provisions
19.1 Time Limits
Time is of the essence in the performance of this Agreement and accordingly all time limits shall be strictly construed and
rigidly enforced.
19.2 No Waiver
This Agreement shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or
immunities available to Comptroller or otherwise available to Comptroller or grantee. The failure to enforce or any delay
in the enforcement of any privileges, rights, defenses, remedies, or immunities available to Comptroller or grantee under
this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or
immunities or be considered as a basis for estoppel. Comptroller and grantee do not waive any privileges, rights,
defenses, or immunities available to them by entering into this Agreement or by its conduct prior to or subsequent to
entering into this Agreement. The modification of any privileges, rights, defenses, remedies, or immunities available
to Comptroller or grantee must be in writing, must reference this section, and must be signed by Comptroller and
grantee to be effective, and such modification of any privileges, rights, defenses, remedies, or immunities available
to Comptroller or grantee shall not constitute waiver of any subsequent privileges, rights, defenses, remedies, or
immunities under this Agreement or under applicable law.
19.3 No Liability upon Termination
If this Agreement is terminated for any reason, the Comptroller and the State of Texas shall not be liable for any damages,
claims, losses, expenses, costs or any other amounts of any kind whatsoever arising from or related to any such
termination.
19.1 Limitation on Authority; No Other Obligations
Grantee shall have no authority to act for or on behalf of Comptroller or the State of Texas except as expressly provided
for in this Agreement; no other authority, power, use, or joint enterprise is granted or implied. Grantee may not incur any
debts, obligations, expenses or liabilities of any kind on behalf of Comptroller.
19.5 No Other Benefits
Grantee shall have no exclusive rights or benefits other than those set forth herein.
19.6 Supporting Documents; Right to Audit; Independent Audits
Grantee shall maintain and retain supporting fiscal documents adequate to ensure that claims for contract funds are in
accordance with applicable Comptroller and State of Texas requirements. Grantee shall maintain all such documents and
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other records relating to this Agreement and the State's property for a period of four (4) years after the date of submission
of the final invoices or until a resolution of all billing questions, whichever is later. Grantee shall make available at
reasonable times and upon reasonable notice, and for reasonable periods, all information related to the State's property,
such as work papers, reports, books, data, files, software, records, and other supporting documents pertaining to this
Agreement, for purposes of inspecting, monitoring, auditing, or evaluating by Comptroller, the State of Texas or their
authorized representatives. Grantee shall cooperate with auditors and other authorized Comptroller and State of Texas
representatives and shall provide them with prompt access to all of such State's property as requested by Comptroller or
the State of Texas. By example and not as exclusion to other breaches or failures, Grantee's failure to comply with this
Section shall constitute a material breach of this Agreement and shall authorize Comptroller to immediately assess
reasonable liquidated damages for such failure. Comptroller may require, at Grantee's sole cost and expense, independent
audits by a qualified certified public accounting firm of Grantee's books and records or the State's property. The
independent auditor shall provide Comptroller with a copy of such audit at the same time it is provided to Grantee.
Comptroller retains the right to issue a request for applications for the services of an independent certified public
accounting firm under this Agreement. In addition to and without limitation on the other audit provisions of this
Agreement, pursuant to Section 2262.003, Tex. Gov't Code, the state auditor may conduct an audit or investigation of the
Grantee or any other entity or person receiving funds from the state directly under this Agreement or 'indirectly through a
subcontract under this Agreement. The acceptance of funds by the Grantee or any other entity or person directly under
this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state
auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with
those funds. Under the direction of the legislative audit committee, the Grantee or other entity that is the subject of an
audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit. This Agreement may be amended unilaterally by the Comptroller to
comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.003,
Under procedures provided by the state auditor on September S, 2003, in addition to the above, (1) the Grantee
understands that the acceptance of funds under this Agreement acts as acceptance of the authority of the state auditor to
conduct an audit or investigation in connection with those funds; (2) the Grantee further agrees to cooperate fully with the
state auditor in the conduct of the audit or investigation, including providing all records requested; (3) the Grantee shall
ensure that this paragraph concerning the authority to audit funds received indirectly by subgrantees through the Grantee
and the requirement to cooperate is included in any subcontract it awards; and (4) the state auditor shall at any time have
access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and
records of the Grantee relating to this Agreement.
19.7 Report of Fraud, Waste and Abuse: Texas Government Code, Section 321.022
If the administrative head of a department or entity that is subject to audit by the Texas State Auditor has reasonable cause
to believe that money received from the State by the Grantee or by a client or Grantee of the Grantee may have been lost,
misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the
Grantee, the administrative head shall report the reason and basis for the belief to the Texas State Auditor. The Texas
State Auditor may investigate the report or may monitor any investigation conducted by the Grantee. See
http: / /sao.fraud.state.tx.us /.
XX, Signatories
The undersigned signatories represent and warrant that they have full authority to enter into this Agreement on behalf of
the respective parties.
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XX1. Merger
This Agreement contains the entire agreement between the parties relating to the rights granted and the obligations
assumed in it. Any oral representations or modifications concerning this Agreement shall be of no Force or effect unless
contained in a subsequent writing, signed by both parties.
COMPTROLLER OF PUBLIC ACCOUNTS GRANTEE:
City of Corpus Christi Gas Department
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arti A. Hubert Deborah Marroyuin, P. .
Dep ty Camptroller Director of Gas Operations
Date: Date:
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Page a of 31
ATTACHMENT A
DELIVERABLES STATEMENT
A. Grantee shall perform all of the services described in this Attachment A, or otherwise required by this Agreement,
( "services "). These services include, but are not limited to, the furnishing of all personnel and the procurement of
all equipment, supplies, and other items necessary to provide those services in compliance with this Agreement.
Grantee shall provide all services in accordance with the standards of performance of this agreement. Grantee
shall review and implement Comptroller recommendations, as Comptroller adapts them from time to time, so that
the services may be expeditiously and satisfactorily completed. Grantee shall meet with Comptroller at such
times as Comptroller may reasonably request to discuss the progress of services and any other matters that may
arise in regard to this Agreement.
B. Grantee shall provide all of the following services:
1. Purchase compressed natural gas (CNG) conversion kits and convert five (5) Ford F -150 Pick -up Trucks
to CNG.
2, Purchase CNG conversion kits and convert four (4) Ford E -250 Passenger Vans to CNG.
3. Purchase CNG conversion kits and convert one (1) Ford F-350 Crew Cab Truck to CNG,
4. Lease Purchase five (5) CNG -OEM Peterbilt 365 Dump Trucks
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ATTACHMENT A (continued)
C.
Grantee shall provide the following services during the period of this Agreement and all services reasonably
related to them. Comptroller may request additional records, information or reports related to the services
hereinafter described and funded by Comptroller pursuant to Attachment A. These services are as follows:
The minimum deliverables are summarized in the following chart:
Deliverables and Milestones Schedule
1. Purchase compressed natural gas (CNG) conversion kits and By 8/31/2012
convert five (5) Ford F -150 Pick -up Trucks to CNG.
2. Purchase CNG conversion kits and convert four (4) Ford E -250
Passenger Vans to CNG.
3. Purchase CNG conversion kits and convert one (1) Ford F -350
Crew Cab Truck to CNG.
4. Lease Purchase five (5) CNG -OEM Peterbilt 365 Dump Trucks.
5. Complete and submit monthly progress reports.
5. Complete and submit a final narrative report.
By 8/31/2012
By 8/31/2012
By 8/31/2012
By the 10th of each month
30 days prior to end of
contract
Pap 10 or 31
ATTACHMENT A -1
APPROVED APPLICATION
The "Application" signed and dated by the Grantee on <DATE> is
incorporated by this reference into the Agreement as Attachment A -1.
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ATTACHMENT B
PROJECT BUDGET
Equipment' $100,000,00
Tnhl
Grantee Provided Match $25,000.00
t Grantee shall not purchase any equipment or computer software for its performance under this Agreement without prior written approval from
Agency. For this purpose, equipment is defined as tangible personal property having a useful life of more than one year and an acquisition cost
of five hundred dollars ($500.00) or more per unit. Title to and control over equipment or license of any software so purchased for Grantee's
performance under this Agreement shall remain with Om tee so long as it is being used for the purpose for which it was intended under the
terms of this Agreement.
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ATTACHMENT C -)i
DOE F 1600.5 OMB Control No.
(D6-94) 1910 -0400
All Other Editions Ate Obsolete
U.S. DEPARTMENT OF ENERGY
Assurance of Compliance
Nondiscrimination in State Assisted Programs
OMB Burden Disclosure Statement
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information, Send comments regarding this burden estimate or any other aspect or this collection of information. including suggestions for
reducing this burden, to Office of Information Resources Management Policy, Plans, and Oversight, Records Management Division, MR-
422 -GIN, Paperwork Reduction Project (1910.0400), U.S. Department of Energy, I000 Independence Avenue. S.W., Washington, DC
20585; and to the Office of Management and Budget (OMB), Paperwork Reduction Project (1910- 0400), Washington, DC 20503.
City of Corpus Christi Gas Department (Hereinafter called the "Applicant ") HEREBY AGREES to comply with Title VI
of the Civil Rights Act of 1964 (Pub. L. 88 -352), Section 16 of the Federal Energy Administration Act of 1974 (Pub. L.
93 -275), Section 401 of the Energy Reorganization Act of 1974 (Pub. L. 93438), Title IN of the Education Amendments
of 1972, as amended (Pub. L. 92 -318, Pub. L. 93 -568, and Pub. L. 94482), Section 504 of the Rehabilitation Act of 1973
(Pub. L. 93 -112), the Age Discrimination Act of 1977 (Pub. L. 94 -135), Title VIII of the Civil Rights Act of 1968 (Pub. L.
90 -284), the Department of Energy Organization Act of 1977 (Pub. L. 95 -91), the Energy Conservation and Production
Act of 1976, as amended, (Pub. L. 94 -385) and Title 10 Code of Federal Regulations, Part 1040. In accordance with the
above laws and regulations issued pursuant thereto, the Applicant agrees to assure that no person in the United States shall,
on the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity in which the Applicant receives
Federal assistance from the Department of Energy.
Applicability and Period of Obligation
In the case of any service, financial aid, covered employment, equipment, property, or structure provided, leased, or
improved with Federal assistance Funding extended to the Applicant by the Department of Energy, this assurance obligates
the Applicant for the period during which the Federal assistance is extended. In the case of any transfer of such service,
financial aid, equipment, property, or structure, this assurance obligates the transferee for the period during which Federal
assistance is extended. If any personal property is so provided, this assurance obligates the Applicant for the period during
which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant for the
period during which the Federal assistance is extended to the Applicant by the Department of Energy.
Employment Practices
Where a primary objective of the Federal assistance is to provide employment or where the Applicant's employment
practices affect the delivery of services in programs or activities resulting from Federal assistance extended by the
Department of Energy, the Applicant agrees not to discriminate on the ground of race, color, national origin, sex, and
disability, in its employment practices. Such employment practices may include, but are not limited to, recruitment,
advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and participation in upward
mobility programs, or other forms of compensation and use of facilities.
Subrecipient Assurance
The Applicant shall require any individual, organization, or other entity with whom it subcontracts, subgrants, or subleases
for the purpose of providing any service, financial aid, equipment, property, or structure to comply with laws tiled above.
To this end, the Subrecipient shall be required to sign a written assurance form; however, the obligation of both recipient
and subrecipient to ensure compliance is not relieved by the collection or submission of written assurance forms.
Data Collection and Access to Records
The Applicant agrees to compile and maintain information pertaining to programs or activities developed as a result of the
Applicant's receipt of Federal assistance from the Department of Energy. Such information shall include, but is not limited
to the following: (1) the manner in which services are or will be provided and related data necessary for determining
whether any persons are or will be denied such services on the basis of prohibited discrimination; (2) the population
eligible to be serviced by race, color, national origin, sex, and disability; (3) data regarding covered employment, including
use or planned use of bilingual public contact employees serving beneficiaries of the program where necessary to permit
effective participation by beneficiaries unable to speak or understand English; (4) the location of existing or proposed
Page 13 of 31
facilities connected with the program and related information adequate for determining whether the location has or will
have the effect of unnecessarily denying access to any person on the basis of prohibited discrimination; (5) the present or
proposed membership by race, color, national origin, sex, and disability, In any planning or advisory body which is an
integral part of the program; and (6) any additional written data determined by the Department of Energy to be relevant to
the obligation to assure compliance by recipients with laws cited in the first paragraph of this assurance.
The Applicant agrees to submit requested data to the Department of Energy regarding programs and activities developed
by the Applicant from the use of Federal funds extended by the Department of Energy. Facilities of the Applicant
(including the physical plants, buildings, or other structures) and all records, books, accounts, and other sources of
information pertinent to the Applicant's compliance with the civil rights laws shall be made available for inspection during
normal business hours of request of an officer or employee of the Department of Energy specifically authorized to make
such inspections. Instructions in this regard will be provided by the Director, Office of Civil Rights, U. S. Department of
Energy.
This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts
(excluding procurement contracts), property, discounts or other Federal assistance extended after the date hereto, to the
Applicants by the Department of Energy, including installment payments on account after such date of application for
Federal assistance which are approved before such date. The Applicant recognizes and agrees that such Federal assistance
will be extended in reliance upon the representations and agreements made in this assurance and that the United State shall
have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors,
transferees, and assignees, as well as the person(s) whose signature appears below and who is authorized to sign this
assurance on behalf of the Applicant.
Applicant Certification
The Applicant certifies that it has complied, or that, within 90 days of the date of the grant, it will comply with All
applicable requirements of 10 C.F.R. § 1040.5 (a copy will be furnished to the Applicant upon written request to DOE.)
Designated Responsible Employee D mh Ram
Name and Title (Printed or Typed) Ofret'A-M- 4 Ctas
h
Telephone Number
la--
Date
Grantee
City of Corpus Christi Gas Department
Name of Organization
4225 South Port Avenue, Corpus Christi. TX 78415-5311
Address
3(e i - s135 - Co9 t
Telephone Number
Authorized Official:
Deborah Marroquin. P.E.. Director of Gas Operations
No-me and Title (Printed or Typed)
Signature
r - 885 - [oQ
Telephone Number
&—
Date
Page 14 of 31
ATTACHMENT C -2
DOE F 1600.5
(06 -94)
All Other Editions Ate Obsolete
US. DEPARTMENT OF ENERGY
Assurance of Compliance
Nondiscrimination in State Assisted Programs
OMB Burden Disclosure Statement
OMB Control No.
1910.0400
Public reposing burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing
Instructions, searching existing data sources, gathering and maintaining the data netted. and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden, to Office of Information Resources Management Policy, Plans, and Oversight. Records Management Division, HR-
422-OTN, Paperwork Reduction Project (1910. 04001. U.S. Department of Energy, 1000 Independence Avenue, S.W., Washington, VC
20585; and to the Office of Management and Budget (OMB), Paperwork Reduction Project (1910. 0400), Washington, DC 20503.
(Hereinafter called the "Applicant ") HEREBY AGREES to comply with Title VI
of the Civil Rights Act of 1964 (Pub. L. 88 -352), Section 16 of the Federal Energy Administration Act of 1974 (Pub. L.
93 -275), Section 401 of the Energy Reorganization Act of 1974 (Pub. L. 93 -438), Tide IX of the Education Amendments
of 1972, as amended (Pub. L. 92 -318, Pub, L. 93 -568, and Pub. L. 94 -4B2), Section 504 of the Rehabilitation Act of 1973
(Pub, L. 93 -112), the Age Discrimination Act of 1977 (Pub. L. 94 -135), Title Vill of the Civil Rights Act of 1968 (Pub. L.
90 -284), the Department of Energy Organization Act of 1977 (Pub. L. 95 -91), the Energy Conservation and Production
Act of 1976, as amended, (Pub. L. 94 -385) and Title 10 Code of Federal Regulations, Part 1040. In accordance with the
above laws and regulations issued pursuant thereto, the Applicant agrees to assure that no person in the United States shall,
on the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program or activity in which the Applicant receives
Federal assistance from the Department of Energy.
Applicability and Period of Obligation
In the case of any service, financial aid, covered employment, equipment, property, or structure provided, leased, or
improved with Federal assistance funding extended to the Applicant by the Department of Energy, this assurance obligates
the Applicant for the period during which the Federal assistance is extended. In the case of any transfer of such service,
financial aid, equipment, property, or structure, this assurance obligates the transferee for the period during which Federal
assistance is extended. If any personal property is so provided, this assurance obligates the Applicant for the period during
which it retains ownership or possession of the property. In all other cases, this assurance obligates the Applicant for the
period during which the Federal assistance is extended to the Applicant by the Department of Energy.
Employment Practices
Where a primary objective of the Federal assistance is to provide employment or where the Applicant's employment
practices affect the delivery of services in programs or activities resulting from Federal assistance extended by the
Department of Energy, the Applicant agrees not to discriminate on the ground of race, color, national origin, sex, and
disability, in its employment practices. Such employment practices may include, but are not limited to, recruitment,
advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and participation in upward
mobility programs, or other forms of compensation and use of facilities.
Subrecipient Assurance
The Applicant shall require any individual, organization, or other entity with whom it subcontracts, subgrants, or subleases
for the purpose of providing any service, financial aid, equipment, property, or structure to comply with laws cited above.
To this end, the subrecipient shall be required to sign a written assurance form; however, the obligation of both recipient
and subrecipient to ensure compliance is not relieved by the collection or submission of written assurance forms.
Data Collection and Access to Records
The Applicant agrees to compile and maintain information pertaining to programs or activities developed as a result of the
Applicant's receipt of Federal assistance from the Department of Energy. Such information shall include, but is not limited
to the following: (l) the manner in which services are or will be provided and related data necessary for determining
whether any persons are or will be denied such services on the basis of prohibited discrimination; (2) the population
eligible to be serviced by race, color, national origin, sex, and disability; (3) data regarding covered employment, including
Page 15 of 31
use or planned use of bilingual public contact employees serving beneficiaries of the program where necessary to permit
effective participation by beneficiaries unable to speak or understand English; (4) the location of existing or proposed
facilities connected with the program And related information adequate for determining whether the location has or will
have the effect of unnecessarily denying access to any person on the basis of prohibited discrimination; (5) the present or
proposed membership by race, color, national origin, sex, and disability, in any planning or advisory body which is an
integral part of the program; and (6) any additional written data determined by the Department of Energy to be relevant to
the obligation to assure compliance by recipients with laws cited in the first paragraph of this assurance.
The Applicant agrees to submit requested data to the Department of Energy regarding programs And activities developed
by the Applicant from the use of Federal funds extended by the Department of Energy. Facilities of the Applicant
(including the physical plants, buildings, or other structures) and all records, books, accounts, and other sources of
information pertinent to the Applicant's compliance with the civil rights laws shall be made available for inspection during
normal business hours of request of an officer or employee of the Department of Energy specifically authorized to make
such inspections. Instructions in this regard will be provided by the Director, Office of Civil Rights, U. S. Department of
Energy.
This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts
(excluding procurement contracts), property, discounts or other Federal assistance extended after the date hereto, to the
Applicants by the Department of Energy, including installment payments on account after such date of application for
Federal assistance which are approved before such date. The Applicant recognizes and agrees that such Federal assistance
will be extended in reliance upon the representations and agreements made in this assurance and that the United State shall
have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors,
transferees, and assignees, as well as the person(s) whose signature appears below and who is authorized to sign this
assurance on behalf of the Applicant.
Applicant Certification
The Applicant certifies that it has complied, or that, within 90 days of the date of the grant, it will comply with all
applicable requirements of 14 C.F.R. § 1040.5 (a copy will be furnished to the Applicant upon written request to DOE.)
Designated Responsible Employee
Name and Title (Printed or Typed)
Signature
'Telephone Number
Date
Grantee
Name of Organization
Telephone Number
Address
Authorized Official:
Name and Title (Printed or Typed)
Telephone Number
Signature
Date
Page 16 of 31
ATTACHMENT D
CertiCcation Regarding Debarment, Suspension Ineligibility,
and Voluntary Exclusion -Lower Tier Covered Transactions
Instructions for Certification
1. The prospective lower tier participant is required to sign the attached certification.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department or agency with which
this transaction originated may pursue available remedies, including suspension and /or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this application is
submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted
or has become erroneous by reason of changed circumstances.
4. „
The terms "covered transaction, "debarred," suspen „ "ineligible," "lower tier covered transaction, " "participant,
"person," "primary covered transaction," "principle," "application," and "voluntarily excluded," as used in this clause,
have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549.
You may contact the person to which this application is submitted for assistance in obtaining a copy of those
regulations.
5. The prospective lower tier participant agrees by submitting this application that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless
authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this application that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered
Transaction," without modification, in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may decide the method and frequency by which it determines
the eligibility of its principals. Each pardcipant may, but is not required to, check the Non - procurement List.
S. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render
in good faith the certification required by this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or
voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal
Government, the department or agency with which this transaction originated may pursue available remedies, including
suspension and/or debarment.
(1) The prospective lower tier participant certifies, by submission of this application, that neither it nor its
principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this application.
City of Carpus Christi Gas Department _
Organization Name
Deborah Marroquin. P.E.._Dircgor of Gas Operations
acne and Title of Authorized Representative
Signature Date
Page 17 of 31
ATTACHMENT E
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the
instructions Far certification included in the regulations before completing this foam, Signature of this form provides for compliance with certification
requirements under 34 CFR Pan 82, "New Restrictions on Lobbying." and 34 Chit Port 85, "Government -wide Debarment and Suspension
(Nonprocurement) and Government -wide Requirements for Drug•Fmc Workplace (Grants)." The certifications shall be treated as a material
representation or fact upon which tetiance will be placed when the Department of Energy determines to award the covered transaction, grant, ar
cooperative agreement.
1, LOBBYING
The undersigned certifies, to the best of his or her
knowledge and belief, that:
(1) No Federal appropriated funds have been paid
or will be paid, by or on behalf of the
undersigned, to any person for influencing or
attempting to influence an officer or employee
of any agency, a Member of Congress, an
officer or employee of Congress, or an
employee of a Member of Congress in
connection with the awarding of any Federal
contract, the making of any Federal grant, the
making of any Federal loan, the entering into of
any cooperative agreement, and the extension,
continuation, renewal, amendment, or
modification of any Federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than Federal appropriated
funds have been paid or will be paid to any
person for influencing or attempting to
influence an officer or employee of any agency,
a Member of Congress, an officer or employee
of Congress, or an employee of a Member of
Congress in connection with this Federal
contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit
Standard Form -LLL, "Disclosure Form to
Report Lobbying," in accordance with its
instructions.
(3) The undersigned shall require that the language
of this certification be included in the award
documents for all subawards at all tiers
(including subcontracts, subgrants, and
contracts under grants, loans, And cooperative
agreements) and that all subrecipients shall
certify and disclose accordingly.
Ole the required certification shall be subject to a
civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(1) The prospective primary participant certifies to
the best of its knowledge and belief, that it and
its principals:
This certification is a material representation of fact
upon which reliance was placed when this
transaction was made or entered into. Submission of
this certification is a prerequisite for making or
(a) Are not presently debarred, suspended,
proposed for debarment, declared
ineligible, or voluntarily excluded from
covered transactions by any Federal
department or agency;
(b) Have not within a three -year period
receding this proposal been convicted of or
had a civil judgment rendered against them
for commission of fraud or a criminal
offense in connection with obtaining,
attempting to obtain, or performing a public
(Federal, State or local) transaction or
contract under a public transaction;
violation of Federal or State antitrust
statutes or commission of embezzlement,
theft, forgery, bribery, falsification or
destruction of records, making false
statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise
criminally or civilly charged by a
government entity (Federal, State or local)
with commission of any of the offenses
enumerated in paragraph (1)(b) of this
certification; and
(d) Have not within a three -year period
preceding this applicationlproposal had one
or more public transactions (Federal, State
or local) terminated for cause or default.
(2) Where the prospective primary participant is
unable to certify to any of the statements in this
certification, such prospective participant shall
attach an explanation to this proposal.
entering into this transaction imposed by section
1352, title 31, U.S. Code. Any person who fails to
Page t8 or31
convicted employee was working, unless
3. DRUG -FREE WORKPLACE
the Federal agency has designated a central
point for the receipt of such notices. Notice
This certification is required by the Drug -Free
shall include the identification number(s) of
Workplace Act of 1988 (Pub. L. 100 -690, Title V,
each affected grant;
Subtitle D) and is implemented through additions to
(f) Taking one of the following actions, within
the Debarment and Suspension regulations,
30 calendar days of receiving notice under
published in the Federal Register on January 31,
subparagraph (d)(2), with respect to any
I989, and May 25, 1990.
employee who is so convicted:
(l) Taking appropriate actions against
ALTERNATE I
such an employee, up to and including
(GRANTEES OTHER THAN INDIVIDUALS)
termination, consistent with the
requirements of the Rehabilitation Act
(1) The grantee certifies that it will or will continue
9f 1973, as amended; or
to provide a drug -free workplace by,
(2) Requiring such employee to participate
satisfactorily in a drug abuse assistance
(a) Publishing a statement notifying employees
or rehabilitation program approved for
that the unlawful manufacture, distribution,
such purposes by a Federal, State or
dispensing, possession, or use of a
local health, law enforcement, or other
controlled substance is prohibited in the
appropriate agency;
grantee's workplace and specifying the
(g) Making a good faith effort to continue to
actions that will be taken against employees
maintain a drug -free workplace through
for violation of such prohibition;
implementation of paragraphs (a), (b), (c),
(b) Establishing an ongoing drug -free
(d), (e), and (f).
awareness program to inform employees
about:
(2) The grantee may insert in the space provided
(1) The dangers of drug abuse in the
below the site(s) for the performance of work
workplace;
done in connection with the specific grant:
(2) The grantee's policy of maintaining a
drug -free workplace;
Place of Performance:
(3) Any available drug counseling,
(Street address, city, county, state, zip code)
rehabilitation, and employee assistance
programs; and
(4) The penalties that may be imposed
upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each
El Check if there are workplaces on file that are
employee to be engaged in the performance
not identified here.
of the grant be given a copy of the
statement required by paragraph (a);
ALTERNATE 11 (GRANTEES WHO ARE
(d) Notifying the employee in the statement
INDIVIDUALS)
required by paragraph (a) that, as a
condition of employment under the grant,
(I) The grantee certifies that, as a condition of the
the employee will:
grant, he or she will not engage in the unlawful
(1) Abide by the terms of the statement;
manufacture, distribution, dispensing,
and
possession, or use of a controlled substances in
(2) Notify the employer in writing, of his
conducting any activity with the grant.
or her conviction for a violation of
criminal drug statute occurring in the
(2) If convicted of a criminal drug offense
workplace not later than five calendar
resulting from a violation occurring during
days after such conviction;
the conduct of any grant activity, he or she
(e) Notifying the agency, in writing, within ten
will report the conviction, in writing, within
calendar days after receiving notice under
10 calendar days of the conviction, to every
subparagraph (d)(2) from an employee or
grant officer or other designee, unless the
otherwise receiving actual notice of such
Federal agency designates a central point
conviction. Employers of convicted
for the receipt of such notices. When
employees must provide notice, including
notice is made to such a central point, it
position title, to energy grant officer or
shall include the identification number(s) of
other designee on whose grant activity the
each affected grant.
Page 19 of 31
are devoted exclusively to charitabte,
educational, or recreational purposes.
4. LOBBYING DISCLOSURE ACT OF 1995,
SIMPSON -CRAIG AMENDMENT
Applicant organization which are described in
section 501 (c)(4) of the Internal Revenue Code of
1986 and engage in lobbying activities after
December 31, 1995, shall not be eligible for the
receipt of Federal funds constituting an award, grant,
or loan. Section 501(c)(4) of the Internal Revenue
Code of 1986 covers:
Civic leagues or organizations not
organized for profit but operated
exclusively for the promotion of social
svelfare, or local associations of
employees, the membership of which is
limited to the employees of a designated
persons or person in a particular
rnr►nicipalily, and the net earning of which
As set forth in the Lobbying Disclosure Act of 1995
(Public Law 1084 -65, December 19, 1995), as
amended ( "Simpson -Craig Amendment," see
Section 129 of The Balanced Budget
Downpayment Act, I (Public Law 104 -99, January
26, I996)], lobbying activities is defined broadly.
(See section 3 of the Act.)
The undersigned certifies, to the best of his or her
knowledge and belief, that: it I5 NOT an
organization described in section 501 (c)(4) of the
Internal Revenue Code of 1986: OR that it IS an
organization described in section 501 (e)(4) of the
Internal Revenue Code of 1986, which, after
December 31, 1995, HAS NOT engaged in any
lobbying activities as defined in the Lobbying
Disclosure Act of 1995, as amended.
As the duly authorized representative of the applicant, 1 hereby certify that the applicant svill comply with
the above cerliftcations.
Qty Qf Corms Christi Gas Department No. — .20 i„
Name of Applicant Pre /Award Number and/or Project Name
Deborah Marroauin. P.E.. Director of Gas Operations
Printed Name and Title of Authorized Representative
4
Signature
Date
Page 20 of 31
ATTACHMENT F
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 N /A
L Type of Federal Action:
2. Status of Federal Action:
?l. Report Type:
a. contract
a. bid /offer /application
a. initial riling
b, grant
b. initial award
b. material change
c. cooperative agreement
c. post award
For Material Change Only:
d. loan
year quarter
e. loan guarantee
date of last report
f. loan insurance
4. Name and Address of Reporting Entity:
5. If Reporting Entity in No. 4 is Subawardee, Enter
Name and Address of Prime:
Name
Address
_ Prime _ Subawardee
Tier, if known-
6. Federal Department/Agency:
7. Federal Program Name/Description
CFDA Number, if applicable:
8. Federal Action Number, If known:
9. Award Amount, if known:
10.a. Name and Address of Lobbying Entity:
10.b. Individual Performing Services (including address
(if individual, last name, first name, MI):
if different from No. IOA) (last name, first name, MI):
(attach Continuation Sheel(s) SF LLL -A, if necessary)
11. Amount of Payment (check all that apply):
12. Form of Payment (check all that apply):
a. cash
$ _ actual
b. in -kind; specify: nature
_ planned
value
13. Type of Payment (check all that apply):
_ a. retainer c, commission e. deferred
b. one -time fee d. contingent fee F. other, specify
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s),
employee(s), or Member(s) contacted, far Payment indicated in Item 11:
15. Continuation Sheet(s) SF -LLL -A attached: Yes No
16. Information requested through this form is authorized by title 31
Authorized Representative:
U.S.C. section 1352. This disclosure of lobbying activities is a
Deborah Marroauin. P.E.
.,
material representation of fact upon which reliance was placed
by the tier above when this transaction was made or entered
Title: Director of ratio
into. This disclosure is required pursuant to 31 U.S.C. 1352.
This information will be reported to the Congress semi- annual
Signature:
and will be available for public inspection. Any person who
fails to file the required disclosure shall be subject to a civil
Telephone-
penalty of not less than $10,000 and not more than $1 00.000 for
each such failure
Date:
Page 21 of 31
ATTACHMENT G
ASSURANCES -- NON - CONSTRUCTION PROGRAMS
OMB Approval No. 4348 -0040
Nore:Certain of these assurances may not be applicable to your project or program. If you have questions, please
contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify
to additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant, l certify that the applicant:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial
capability (including funds sufficient to pay the non - Federal share of project costs) to ensure proper
planning, management and completion of the project described in this application.
2. Will give the awarding agency, the Comptroller, the United States, and if appropriate, the State, through
any authorized representative, access to and the right to examine all records, books, papers, or documents
related to the award; and will establish a proper accounting system in accordance with generally accepted
accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal or organizational connict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the
awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728 -4763) relating to
prescribed standards for merit systems for programs funded under one of the nineteen statutes or
regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration
(5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of
race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C.
§§ 1681 -1683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the
Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of
handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101- 6107), which
prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L.
92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism: (g) §§ 523 and 527 of
the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42
U.S.C. § 3601 at seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing: (i) any other nondiscrimination provisions in the specific statute(s) under which application for
Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which
may apply to the application.
7. Will comply, or has already complied, with the requirements of Titles Il and 111 of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) which provide for fair and
equitable treatment of persons displaced or whose property is Acquired as a result of Federal or federally
assisted programs. These requirements apply to all interests in real property acquired for project purposes
regardless of Federal participation in purchases.
S. Will comply with the provisions of the Hatch Act (5 U.S.C. §§ 1501.1508 and 7324.7328) which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds.
9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. §§ 276a to 276a -7), the
Page 22 of 31
Copeland Act (40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety
Standards Act (40 U.S.C. §§ 327 -333), regarding labor standards for federally assisted construction sub -
agreements.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(x) of the [;load
Disaster Protection Act of 1973 (P.L. 93- 234) which requires recipients in a special flood hazard area to
participate in the program and to purchase flood insurance if the total cost of insurable construction and
acquisition is $ 10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a)
institution of environmental quality control measures under the National Environmental Policy Act of
1969 (P.L. 91 -190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO
11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in
accordance with EO 11988; (e) assurance of project Consistency with the approved State management
program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§ 1451 at seq.); (f)
conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear
Air Act of 1955, as amended (42 U.S.C. § 7401 at seq.); (g) protection of underground sources of
drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93 -523); and (h) protection
of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93 -205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 at seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic
properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469 a- l et seq.)
14. Will comply with P.L, 93 -348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 at
seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching,
or other activities supported by this award of assistance.
16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. §§ 480I at seq.) which
prohibits the use of lend based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single
Audit Act of 1984.
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and
policies governing this program.
Director of Gas Operations
Signature of Authorized CertiF ' g Official Title
City of Comus Christi Gas Department — 3 o J I..)
Applicant Organization Date Submitted
Page 23 of 3 l
ATTACHMENT H
INTELLECTUAL PROPERTY PROVISIONS
AUTHORIZATION AND CONSENT (41 CPR 9- 9.102 -1)
The Government hereby gives its authorization and consent (without prejudice to any rights of indemnification) for
all use and manufacture, in the performance of this grant or any part hereof or any amendment hereto or any
subcontract hereunder (including all lower -tier subcontracts hereunder), of any invention described in and covered
by a patent of the United States.
(a) embodied in the structure or composition of any article, the delivery of which is accepted by the
Government under this grant, or
(b) utilized in the machinery, tools, or methods, the use of which necessarily results from compliance by the
Grantee or the using subGrantee with
(i) specifications or written provisions now or hereafter forming a part of this grant, or
(ii) specific written instructions given by the Contracting Officer directing the manner of performance.
The entire liability to the Government for infringement of a patent of the United States shall be determined solely by
the provisions of the indemnity clauses, if any, included in this grant or any subcontract hereunder (including all
lower -tier subcontracts hereunder), and the Government assumes liability for all other infringement to the extent of
the authorization and consent herein above granted.
PATENT INDEMNITY (41 CPR 9- 9.103.1)
If the amount of this contract is in excess of $10,000 the Grantee shall indemnify the Government and its officers,
agents, and employees against liability, including costs, for infringement of any United States letters patent (except
U.S. letters patent issued upon an application which is now or may hereafter be kept secret or otherwise withheld
from issue by order of the Government) arising out of the manufacture or delivery of supplies or out of construction,
alteration, modification, or repair of real property (hereinafter referred to as "construction work ") under this contract,
or out of the use or disposal by or for the account of the Government of such supplies or construction work. The
foregoing indemnity shall not apply unless the Grantee shall have been informed as soon as practicable by the
Government of the suit or action alleging such infringement, and shall have been given such opportunity as is
afforded by applicable laws, rules, or regulations to participate in the defense thereof; and further, such indemnity
shall not apply to: (a) an infringement resulting from compliance with specific written instructions of the
Contmctinll Officer directing a change in the supplies to be delivered or in the materials or equipment to be used, or
directing a manner of performance of the contract not normally used by the Grantee; (b) an infringement resulting
from addition to or change in, such supplies or components furnished or construction work performed which
addition or change was made subsequent to delivery or performance by the Grantee; or (c) a claimed infringement
which is settled without the consent of the Grantee, unless required by final decree of a court of competent
jurisdiction.
NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (41 CPR 9-
9.104(b))
The provisions of this clause shall be applicable only if the amount of this grant exceeds $ 10,000.
(a) The Grantee shall report to the Contracting Officer, promptly and in reasonable written detail, each
notice of claim of patent or copyright infringement based on the performance of this grant of which the
Grantee has knowledge,
(b) In the event of any claim or suit against the Government on account of any alleged patent or copyright
infringement arising out of the performance of this grant or out of the use of any supplies furnished or
work or services performed hereunder, the Grantee shall furnish to the Government, when requested by
the Contracting Officer, all evidence and information in possession of the Grantee pertaining to such suit
Page 24 of 31
or claim. Such evidence and information shall be furnished at the expense of the Government except
where the Grantee has agreed to indemnify the Government.
(c) This clause shall be included in all contracts and subgrants under this grant.
REPORTING OF ROYALTIES (41 CFR 9. 9.110)
If this grant is in an amount which exceeds $10,000 and if any royalty payments are directly involved in the grant or
arc reflected in the grant price to the Government, the Grantee agrees to report in writing to the Patent Counsel (with
notification by Patent Counsel to the Contracting Officer) during the performance of this grant and prior to its
completion of final settlement the amount of any royalties or other payments paid or to be paid by it directly to
others in connection with the performance of this grant together with the names and addresses of licensers to whom
such payments are made and either the patent numbers involved or such other information as will permit the
identification of the patents or other basis on which the royalties are to be paid. The approval of DOE of any
individual payments or royalties shall not stop the Government at any time from contesting the enforceability,
validity or scope of, or title to, any patent under which a royalty or payments are made.
RIGHTS IN TECHNICAL DATA (SHORT FORM)
(a) Definitions The definitions of terms set forth in DEAR 927.401 apply to the extent these terms are used
herein.
(b) Allocation of Rights
(1) The Government shall have;
(i) Unlimited rights in technical data first produced or specifically used in the performance of this
grant;
(ii) The right of the Contracting Officer or his representatives to inspect, at all reasonable times up to
three years after final payment under this grant, all technical data first produced or specifically
used in the grant (for which inspection the Grantee or its Grantee or subgranice shall afford proper
facilities to DOE); and
(iii) The right to have any technical data first produced or specifically used in the performance of this
grant delivered to the Government as the Contracting Officer may from time -lo -time direct during
the progress of the work, or in any event as the Contracting Officer shall direct upon completion or
termination of this grant.
(2) The Grantee shall have:
The right to use for its private purposes, subject to patent, security or other provisions of this grant,
technical data it first produces in the performance of this grant provided the date requirements of this
grant have been met as of the date of the private use of such data. The Grantee agrees that to the extent
it receives or is given access to proprietary data or other technical, business or financial data in the
form of recorded information from DOE or a DOE Grantee or subGrantee, the Grantee shall treat such
data in accordance with any restrictive legend contained thereon, unless use is specially authorized by
prior written approval of the Contracting Officer.
(c) CopyrighlVd Material.
(1) The Grantee agrees to, and does hereby grant to the Government, and to others acting on its behalf-
(i) A royalty -free, nonexclusive, irrevocable, worldwide license for Governmental purposes to
reproduce, distribute, display, and perform all copyrighted material first produced or composed in
the performance of this grant by the Grantee, its employees or any individual or concern
specifically employed or assigned to originate and prepare such material and to prepare derivative
works based thereon; and
Page 25 or 31
(ii) A license as aforesaid under any and all copyrighted or copyrighted work not first produced or
composed by the Grantee in the performance of this grant but which is incorporated in the material
furnished under the grant, provided that such license shall be only to the extent the Grantee now
has, or prior to completion or close -out of the grant, may Acquire the right to grant such license
without becoming liable to pay compensation to others solely because of such grant,
(2) The Grantee agrees that it will not knowingly include any material copyrighted by others in any written
or copyrighted material furnished or delivered under this grant without a license as provided for in
subparagraph (c) (1) (ii) of this section, or without the consent of the copyright owner, unless it obtains
specific written approval of the Contracting Officer for the inclusion of such copyrighted material.
RIGHTS TO PROPOSAL DATA (TECHNICAL) (48 CFR 52.227 -23)
It is agreed that as a condition of award of this grant or modification and notwithstanding the conditions of any
notice appearing on the proposal(s), the Government shall have the right to use, duplicate, and disclose and have
others to do so for any purpose whatsoever, the technical data contained in the proposal(s) upon which the grant or
modification is based.
City of Corpus Christi Gas Department
Organization Name
De Director of Gas Operations
Name and Title of Authorized Representative
-.>- I 1:-
ignature V Date
Page 26 of 31
ATTACHMENT
SUBCONTRACTING PROVISIONS; MANDATORY FLOWDOWN PROVISION
Grantee, if subcontracting any of its performance hereunder, shall legally bind subgrantees to perform and
make such subgrantees subject to all the duties, requirements, and obligations of Grantee under this
Agreement. Grantee shall be jointly and severally liable for all performances under this Agreement,
including, but not limited to, the performance of its subgrantees to the extent permitted under the
Constitution and laws of the State of Texas, as well as full compliance with all reporting requirements set
forth in the Agreement.
Grantee represents and warrants that it has obtained all necessary permits, licenses, easements, waivers
and permissions of whatsoever kind required for its performance and the performance of its subgmntees
under this Agreement. In no event shall any provision of this Paragraph, including, but not limited to, the
requirement that Grantee obtain the prior approval of Agency on Grantee's proposed subcontracts, be
construed as relieving Grantee of the responsibility for ensuring that all services rendered under any
subcontracts comply with all the terms and provisions of this Agreement as if they were rendered by
Grantee. Grantee shall, upon request, furnish Agency with copies of all proposed Subcontracts and all
proposed amendments, assignments, cancellations or terminations of said subcontracts no later than thirty
(30) days prior to the proposed effective date of such contracts, amendments, assignments, cancellations
or terminations; provided, however, that this thirty (30) day period may be shortened by written
agreement of the parties. Upon request from the Comptroller, Grantee shall provide any and all
documentation deemed necessary by the Comptroller to evidence SubGrantees compliance with all terms,
conditions and performance pertaining to the Agreement and all applicable law.
As the duty authorized representative of the Grantee and the Subgrantee /Subrecipient, I hereby certify
that Grantee and Subgrantee/Subrecipient will comply with the above requirements.
GRA
SUB GRANTEE/SUBRECIPIENT:
By: brni ftam.� ,&. 6 RA. WO D1QbCt- V— dF 60 Dft 0Kb
[Printed Name & Title]
Date: 3 1 ,c_.q it �—
Page 27 of 31
ATTACHMENT J
EXECUTION OF APPLICATION
I. By signature hereon, Applicant represents and warrants that the provisions in this Execution of Application apply to Applicant
and all of Applicant's principals, officers, directors, shareholders, partners, owners, agents, employees, subGrantces, independent
Grantees, and any other representatives who may provide services under, who have a financial interest in, or otherwise are
interested in this RFA or any contract resulting from it.
2. By signature hereon, Applicant represents and warrants its intent to furnish the requested items at the prices quoted in its
Proposal.
3. By signature hereon, Applicant represents and warrants that it has read and understood and shall comply with Comptroller's Anti -
Fraud Policy, located on Comptroller's website at http. as such Policy currently reads
and as it is amended throughout the term of any resulting contract.
4. By signature hereon, Applicant represents and warrants that its prices include all costs of Applicant in providing the requested
items that meet all specifications of this RFA, and that its prices will remain firm for acceptance for a minimum of ninety (90)
days from deadline for submission of Proposal.
5. By signature hereon, Applicant represents and warrants that each employee, including `replacement employees', will possess the
qualifications, education, training, experience and certifications necessary to perform the services in the manner required by this
RFA.
6. By signature hereon, Applicant represents and warrants that it has no actual or potential conflicts of interest in providing the
requested items to Comptroller under the RFA and any resulting contract, if any, and that Applicant's provision of the requested
items under the RFA and any resulting contract, if any, would not reasonably create an appearance of impropriety.
7. By signature hereon, pursuant to Section 2155.004(a), Texas Government Code, Applicant represents and warrants that it has not
given, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special
discount, trip, favor or service to a public servant in connection with the submitted Proposal.
8. By signature hereon, Applicant represents and warrants that it is not currently delinquent in the payment of any franchise taxes
owed the State of Texas under Chapter 171, Texas Tax Code. In addition, if Applicant is an individual not residing in Texas or a
business entity not incorporated in or whose principal domicile is not in Texas, the following certification applies. Applicant
represents and warrants that it holds a permit issued by Comptroller to collect or remit all state and local sales and use taxes that
become due and owing as a result of the individual's or entity's business in Texas or represents and warrants that it does not sell
tangible personal property or services that are subject to the state and local sales and use tax. Under Section 2155.004(x), Texas
Government Code, a state agency may not accept a bid or award a contract that includes proposed financial participation by a
person who received compensation from the agency to participate in preparing the specifications or request for proposals on
which the bid or contract is based. Further, Applicant certifies that the individual or business entity named in this Proposal or any
contract resulting from this RFA is not ineligible to receive the specified contract and acknowledges that the contract may be
terminated and payment withheld if this certification is inaccurate. See Texas Government Code Section 2155.004(b).
9. By signature hereon, Applicant hereby represents and warrants that, pursuant to 15 U.S.C. Sec. 1, et seq. and Tex. Bus. & Comm.
Code Sec. 15.01, et seq., neither Applicant nor the firm, corporation, partnership, or institution represented by Applicant, or
anyone acting for such a firm, corporation or institution has violated the antitrust laws of this state, federal antitrust laws, nor
communicated directly or indirectly the Proposal made to any competitor or any other person engaged in such line of business.
10. By signature hereon, Applicant represents and warrants that all statements and information prepared and submitted in response to
this RFA are current, complete and accurate.
11. By signature hereon, Applicant represents and warrants that the individual signing this document and the documents made part of
this RFA and Proposal is authorized to sign such documents on behalf of the company and to bind the company under any
contract which may result from the submission of this Proposal.
12. By signature hereon, Applicant represents and warrants that if a Texas address is shown as the address of the Applicant, Applicant
qualifies as a Texas Bidder as defined by 34 Texas Administrative Code §20.32(6$).
Page 28 of 31
13. Check below if preference claimed under 34 Texas Administrative Code §20.38:
• Goods produced or offered by a Texas bidder that is owned by a Texas resident service- disabled veteran
• Goods produced in Texas or offered by a Texas bidder that is not owned by a Texas resident service- disabled veteran.
• Agricultural products grown in Texas
• Agricultural products offered by a Texas bidder
• Services offered by a Texas bidder that is owned by a Texas resident service - disabled veteran
• Services offered by a Texas bidder that is not owned by a Texas resident service disabled veteran
• Texas Vegetation Native to the Region
• USA produced supplies, materials or equipment
• Products of persons with mental or physical disabilities
• Products made of recycled, remanufactured, or environmentally sensitive materials including recycled steel
• Energy Efficient Products
• rubberized asphalt paving material
• Recycled motor oil and lubricants
• Products produced at facilities located on formerly contaminated property
• Products and services from economically depressed or blighted areas
• Vendors that meet or exceed air quality standards
• Recycled or Reused Computer Equipment of Other Manufacturers
• Foods of Higher Nutritional Value
14. By signature hereon, Applicant represents and warrants that no relationship, whether by relative, business associate, capital
funding contract or by any other such kinship exist between Applicant and an employee of any Comptroller component, and
Applicant has not been an employee of any Comptroller component within the immediate twelve (12) months prior to Applicant's
Proposal. By signature hereon, Applicant certifies that it is in compliance with Section 669.003, Texas Government Code,
relating to contracting with executive head of a state agency. All such disclosures will be subject to administrative review and
approval prior to Comptroller entering into any contract with Applicant. Applicant acknowledges that any contract resulting from
this RFA may be terminated at any time, and payments withheld, if this information is false.
15. By signature hereon, pursuant to Section 2155.004, Texas Government Code Applicant represents and warrants that neither it nor
any person or entity which will participate financially in any contract resulting from this RFA has received compensation for
participation in the preparation of specifications for this RFA.
16. By signature hereon, Applicant represents and warrants that all articles and services quoted in response to this RFA meet or
exceed the safety standards established and promulgated under the Federal Occupational Safely and Heald/r Law and its
regulations in effect or proposed as of the date of this solicitation.
17. By signature hereon, Applicant represents and warrants its compliance with all federal laws and regulations pertaining to Equal
Employment Opportunities and Affirmative Action.
18. By signature hereon, Applicant represents and warrants its compliance with the requirements of the Americans With Disabilities
Act (ADA). Applicant further represents and warrants that it will comply with all applicable Texas Accessibility requirements.
19. By signature hereon, in accordance with Section 2155.4441, Texas Government Code, Applicant agrees that during the
performance of a contract for services it shall purchase products and materials produced in Texas when they are available at a
price and time comparable to products and materials produced outside this state.
20. By signature hereon, Applicant represents and warrants that Comptroller's payments to Applicant and Applicant's receipt of
appropriated or other funds under any contract resulting from this RFA are not prohibited by Section 556.005 or Section 556.008,
Texas Government Code.
Page 29 of 31
21. By signature hereon, Applicant represents and warrants that the offering entity and its principals are eligible to participate in this
transaction and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state, or local
governmental entity and that Applicant is in compliance with the State of Texas statutes and rules relating to procurement and that
Applicant is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible
for federal procurement are listed at w w e ls. ov.
22. Under Section 2155.006(b), Texas Government Code, a state agency may not accept a bid or award a contract, including a
contract for which purchasing authority is delegated to a state agency, that includes proposed financial participation by a person
who, during the rive-year period preceding the date of the bid or award, has been: (l) convicted of violating a federal law in
connection with a contract awarded by the federal government for relief, recovery, or reconstruction efforts as a result of
Hurricane Rita, as defined by Section 39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September
24, 2005; or (2) assessed a penalty in a federal civil or administrative enforcement action in connection with a contract awarded
by the federal government for relief, recovery, or reconstruction efforts as a result of Hurricane Rita, as defined by Section
39.459, Utilities Code, Hurricane Katrina, or any other disaster occurring after September 24, 2005. Under Section 2155.006,
Texas Government Code, Applicant certifies that the individual or business entity named in the Proposal is not ineligible to
receive the specified contract and acknowledges that any contract resulting from this RFA may be terminated and payment
withheld if this certification is inaccurate.
23. By signature hereon and by checking or initialing either Subsection (a) or Subsection (b), as applicable, Applicant represents and
warrants the following:
(a) _Applicant represents and warrants that it is not aware of and has teceived no notice of any court or governmental agency
actions, proceedings or investigations, etc., pending or threatened against Applicant or any of the individuals or entities
included in Section 1 of this document that would or could impair Applicant's performance under any contract resulting from
this RFA, relate to the solicited or similar goods or services, or otherwise be relevant to the agency's consideration of
Applicant's Proposal. Applicant represents and warrants that it is not aware of any such court or governmental agency actions,
proceedings or investigations, etc. against Applicant or any of these individuals or entities within the five (5) calendar years
immediately preceding the submission of Applicant's Proposal in response to this RFA. In addition, Applicant represents and
warrants that it shall notify Comptroller in writing within five (5) business days of any changes to the representations or
warranties in this Subsection (a) and understands that failure to so timely update Comptroller shall constitute breach of contract
and may result in immediate termination of the contract.
(b) _Applicant is unable to make the representation and warranty in Subsection (a) above And instead represents and warrants
that it has included as a detailed attachment in its Proposal, which expressly references this Subsection (b), a complete
disclosure of any such court or governmental agency actions, proceedings or investigations, etc., and specifically addresses
whether any of such past, pending or threatened actions, proceedings or investigations, etc., would or could (1) impair
Applicant's performance under any contract resulting from this RFA; (2) relate to the solicited or similar goods or services; or
(3) be otherwise relevant to the agency's consideration of Applicant's Proposal. In addition, Applicant represents and warrants
that it shall notify Comptroller in writing within five (5) business days of any changes to the representations or warranties in
this Subsection (b) or attachments in response to Subsection (b) and understands that failure to so timely update Comptroller
shall constitute breach of contract and may result in immediate termination of the contract,
Applicant understands that a Proposal returned without the appropriate checked or initialed representation and warranty
and the detailed attachment required in Subsection (b), when applicable, may be automatically disqualified.
24. By signature hereon, Applicant represents and warrants that it has read and agrees to all terms and conditions of this RFA, unless
Applicant specifically takes an exception and offers an alternative provision in Applicant's Proposal as provided in Exhibit C,
Section 2 of this RFA.
Page 3o or31
Author] d signatory on behalf of Applicant must complete and sign the following:
Bkxmi ww*wy� AX I ( ;�
Authorized 5 natur I lbate Signed
Deborah Marroquin, P. E.
Director of Gas ❑peratio is
Printed {tame and Title of
Authorized Signature
City of Corpus Christi Gas Department
Company Name
qq-W (paob5.11
Federal Employer Identification Number
�- OS''-coq;'-
Phone Number
Fax Number
Mfex . eon
E -Mail Address
4225 South Part Avenue
Physical Street Address
Mailing Address, if different
Corpus Christi, TX 78415 -5311
City, State, Zip Code
City, State, Zip Code
Page 31 or3l