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2011-R-68 Amendment No. 1 McKinstry Energy Conservation AgreementRESOLUTION NO. 11-R-68 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN AMENDMENT NO.1 TO ENERGY CONSERVATION AGREEMENT WITH THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS STATE ENERGY CONSERVATION OFFICE, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the City staff of the City of Schertz (the "City") has recommended that the City enter into an Amendment No. 1 to Energy Conservation Agreement with the Texas Comptroller of Public Accounts State Energy Conservation Office relating to energy conservation projects for the City; and WHEREAS, the City Council has determined that it is in the best interest of the City to contract with the Texas Comptroller of Public Accounts State Energy Conservation Office pursuant to Amendment No. 1 to Energy Conservation Agreement attached hereto as Exhibit A (the "Agreement"). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with the Texas Comptroller of Public Accounts State Energy Conservation Office in substantially the form set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject soa~o~r.r matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 20'h day of December, 2011. CITY OF SCHE Z, TEXAS ~~~ Mayor ATTEST: i y Secretary (CITY SEAL) saa~or~ai.i .. '; AMENDMENT NO.1 TO CONTRACT NO. CS0215 BETWEEN THE CITY OF SCHERTZ AND COMPTROLLER OF PUBLIC ACCOUNTS STATE ENERGY CONSERVATION OFFICE (SEGO) RELATED TO AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG) This Amendment No. 1 (Amendment) to the Contract No, CS0215 (Agreement) is entered into by and between the Comptroller of Public Accounts (Comptroller) and the City of Schertz (Subrecipient). I. ecitals WHEREAS, Comptroller and Subrecipient entered into the Agreement effective June 11, 2010; WHEREAS, Comptroller and Subrecipient desire to execute this Amendment to amend the Attachment G, Statement of Work and Budget to the Agreement; NOW, THEREFORE, inconsideration of mutual covenants and agreements herein contained Comptroller and the Subrecipient agree to the following amendment to the Agreement: II. Amendment The parties agree to amend the Agreement by deleting Attachment G, Statement of Work and Budget to the Agreement in its entirety and replacing it with Attachment G, Statement of Work and Budget, attached to and incorporated into this Amendment as Exhibit 1. III. Incorporation of Amendments A. This Amendment, together with the Agreement and any prior amendments, represents the entire agreement between the parties coriceming the subject matter of this Amendment and supersedes any and all prior or contemporaneous oral or written statements, agreements, correspondence, quotations or negotiations. B. In the event of conflicting language between the Agreement, any prior amendments, and the language in this Amendment, the language in this Amendment shall control. C. Except as expressly amended herein, all other terms of the Agreement as amended, remain unchanged, are in full force and effect, and are ratified and affirmed by the parties. By their execution and delivery of this Amendment neither party waives or releases any default hereunder, Page 1 of 3 IV. Sienatories The undersigned signatories represent and warrant that they have full authority to enter into this Amendment on behalf of the respecfive parties named below BY WITNESS WHEREOF, ffie parties have executed this Amendment in duplicate originals, each of which shall constitute only one instrument. COMPTROLLER OF PUBLIC ACCOUNTS Clty of Scherfz By: By, d •tln A. Huber ohn -:'ICessel D putyCompfroller CityManagcr Date: ( D ~. Date: 1 a-a1~a011 Page 2 of 3 ATTACHMENT G Statement of Work and Budget -Amendment #1 Exhibit 1 CSty of Schertz -Energy Efficiency and Conservation Block Grant Program Typo of Protect & Description: Activity Category: (1) Building Energy Audits & Retrofits The city of Schertz will hire a contractor to perform energy audits and then will use the remaining money to fund projects proposed by the audits. Approved Budget Per Cost Category and Payment: .,COST CATEGORY' ' BUDGET . _. Subcontractor $66,365.00 Total Budget $86,365.00 Ftirnds Leveraeed $0.00 Total payments to ARRA-recipient under this Agreement shall not exceed 86 365.00 in acw~umicc wiu~ uro ngreemenr. Tasks to be performed in completing the protect: The ARRA-recipient shall complete all of the Tasks as set forth below and the ARRA-recipient shall provide information regazding such task, (Task that includes purchasing equipment must include: liow many, size, model, rating, etc, Please include the date you anticipate each task will be completed. The rows will expand as you type, add lines as necessary] LL ~ Task ' Timeline Perform energy audits on city owned buildings. May 2010 - Janu 2011 City will retrofit existing exterior lighting with higher-efficiency LED lighting November 2011 at the Public Works Operation Center (#10 Commercial Drive, Schertz, TX -June 2012 78154 . City will retrofit existing exterior lighting with higher-efficiency LED lighting November 2011 at the Pickerel] Communit Pazk 703 Oak Street, Schertz, TX 78154 . -June 2012 City will tint the windows at the Public Library with True Vue 30 3M Brand November 2011 Solaz Guard Window Film (798 Schertz Pazkway, Schertz, TX 78154). -June 2012 City will install USAT Vending Miser Model VM 150 units at the following November 2011 locations: Public Works Operation Center (#10 Commercial Drive, Schertz, -June 2012 TX 78154); Fleet Maintenance/City Hall/Fire DepartmendPolice Department (1400 Schertz Parkway, Schertz, TX 78154); and the Public Library (798 Schertz Pazkwa ,Schertz, TX 78154 . Please note butldings aver 44 years of age wifl require review and release by flee Texas Historical Commission prior to engaging in an activity. Page 3 of 3 Page 2 of 2 purposes, such as ui We context of civil discovery. 11!28/2011 RESOLUTION NO. 10-R-OS A RESOLUTION BY THE CITY COUNCIL OI' THE CITY OT SCHERTZ, TEXAS AUTHORIZING A DIRECTED ENERGY STUDY LETTER AGREEMENT WITII MCKINSTRY ESSENTTON, INC, ANA OTHER MATTERS IN CONNECTION TIIEREWITH WHEREAS, the City Council ltas determined that it is in the best interest of the City to contract with MclCinstry Essention, Inc, ("MeKinstry") pursuant to the Directed Energy Study letter agreemestt attached hereto as Exhibit A (the "Agreement") under which Mc$inshy will conduct a directed energy study for the City of Schertz and will develop a comprehensive energy services proposal for• selected initiatives. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes the City Manager to execute and deliver the Agreement with McKinshy in substantially the form set forth on Exhibit A. Section 2. The recitals wntained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any prevision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section4. Tltis Resolution shall be conshued and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of tlils Resolution or the application thereof to any person or circumstance shall beheld to be invalid, the remahtder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, acrd the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of ilte public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Govenunent Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. 50291003.1 PASSED AND ADOPTED, this 26th day of January, 2010. CITY OF SC BRTZ, TEXAS Mayor ATTEST: d'~ Secretary (CITY SBAL) 502910D3.I For CPA Internal Use Only Invoice # Funds Available Contractor must FULLYCOMPLETE, sign and submit this form with each claim. Request # (1, 2, 3, etc.) PROGRAM: ^SEP ®EECBG ^ EA ^ SEEARP SUB-RECIPIENT City of Schertz CONTRACT NUMBER CS orCLS 0215 VENDOR I.D.#(ladiglls) 1-74-1469344-4 (Circle One) SECO STIMULUS GRANTS COORDINATOR: ^ Stephanie ®Mary-Jo ^ Linda ^ Jennifer Jones Woodall Costley Dear PERIOD COVERED BY CLAIM From 1/1/2010 Thru 4/30/2010 TOTAL AMOUNT OF THIS CLAIM $35,000.00 ITEMIZATION OF THIS CLAIM BY CONTRACT BUDGET CATEGORY Use onlybutlger categories from the contract (e.g., Attachment A /or SEP orAttachment G for EECBG). 01 Professional Services $ 02 Salaries $ 03 Benefits $ 04 Personnel $ 05 Travel $ 06 Supplies 8 Materials $ 07 Subcontract (including Energy Audits) $ 35, 000.00 08 Equipment $ 09 Other Direct Operating Expenses $ 10 Indirect Costs $ 11 Sub-Recipient Provided Match $ 12 Engineering Services $ 13 Loans $ 14 EECBG Administration (not to exceed 7%) $ Buv American The undersigned certifies that the sub-recipient has received and is maintaining the documentation from each supplier and/or contractor being paid through this payment request; that all iron, steel, and manufactured goods used by the supplier and/or contractor in this project complies with the ARRA 2009 Buy American provisions and requirements, or has been categorically waived by DOE (please attach a copy of the waiver). Signature: Date By: (Print Name) CERTIFICATION OF CLAIM BY SUB-RECIPEINT TITLE: Accounting Contact George Logan, Director of Parks, Recreation & Community Svcs Contact Email glogan~schertz . com Contact Phone (210) 842-9750 1213012070 Taylor, Program Director instry lla 0l YavrBUllrlvy Conbeclorllcensea MCxINE1942J0 city Df s~hert~ George Logan 1400 Schertz Parkway Schertz, TX 70154 Customer PO #: Protect Name: Protect Location: Contact: Contact Phone #: Billing period: Resolution 10-R-05 Schertz Dlrecled Engineering Study 1400 Scheriz Parkway (210) 619-1612 Final Page: 1 of 1 Involce Date: 3/2/2011 Involce Number: 43821 Customer #: 29981 Projoct #: P60611 Delalls Amount DES Performed as Described in allached conlracl. TERMS: NET DUE UPON RECEIPT Remit to: McKlnstry Essentlon, Inc. Alin: Accounting Dept. PO nDx 24597 Sedllle, WA 98124 206.268-9800 3 35,000.00 Subtotal: $ 35,000.00 Sales Tax (0%): n/a Total Due: $ 36,000.00 M°xlnelry ESSanaon, rnc. TaplD /914055773 EXHIBIT A DIRECTED ENERGX STUDX LETTER AGREEMENT 50291007.1 A-I Directed Energy Study Proposal January 26, 2010 The City of Schertz 1400 Scheriz Parkway Schertz, l'exas 78154 Attention: Don Taylor, City Manager Subject: DIRECTED ENERGYSTUDY-CITY OFSCHERTZ Dear Customer: The Clty of Schertz (the "City's Is Interested In Improving the infrastructure of its existing faclllties through aperformance-based contract with McKinstry Essention, Inc. ("McKlnstry'~. This letter agreement will provide the guidelines for which McKinstry will provide the following tasks: 1. Conduct a Directed Energy Study for the City. 2, Develop a comprehensive Energy Services Proposal for selected initiatives. The target faclllties to be studied are located In Attachment C, located at the end of this letter agreement. ACTIONS TO BE PERFORMED McKinstry will complete the following action leading to Implementation of performance- based initiatives: Directed Energy Study ("DES"): The DES will Identify and analyze performance-based Contracting measures along with their associated Energy Savings (as defined below), costs, and potential for utility rebates. McKinstry shall work closely with the local utilities to secure any applicable rebates that may be available to the Clty. The end result of the DES shall be an Energy Services Proposal for Implementation of viable initiatives with associated energy cost savings and payback information. The deliverables associated with the energy service proposal can be found in Attachment A. The Clty will reimburse McKinstry for Its time and expenses at a cost not to exceed $35,000.00 for (i) conducting the DES based on the Criteria For Implementation paragraph below, and (II) developing an Energy Services Proposal for selected initiatives. Energy Savings -means an estimated reduction In net fuel costs, energy costs, water costs, stormwater fees, other utility costs, or related net operating costs compared to an established baseline of those costs as required by Local Government Code Chapter 302. (See Attachment B). 2364 Logan's Way, Blanco, Tx 78606 Tel: (830) 633-5080 Fax: (20b) 832-8585 Page 2 REQUESTED INFORMATION For effective execution of this letter agreement we ask that the City provide access to the following for each facility: / Historical utility bills for the last 24 months, / All mechanical, electrical, architectural, and structural drawings. / All operational and maintenance manuals, balancing records, and specifications. / Operational records related to the cost of maintaining speciFlc equipment. / Informatlon with regards to any on-going maintenance contracts. / Access to Individuals that have relevant Informatlon pertaining to the day-today operation of energy using systems on site. CRITERIA FOR IMPLEMENTATION The Clty anticipates that it will enter into a further contract with McKinstry to Implement all approved projects that• meet the following criteria: / Aggregate payback for the work shall be equal to or less than the term to be funded not to exceed 15 years, Savings will include electricity and hard-cost operational savings including material and labor cost savings. / The Clty is willing to finance the project over a term not to exceed 15 years, / Not more than 100% of the Energy Cost Savings may be used to repay the loan / The City's cash Flow Including savings, utility contributions, monitoring, cost of energy conservation measures, and debt service (If used) must be neutral or positive with respect to the baseline cash flow and based on guaranteed savings over the term of the agreement not to exceed 15 years. McKinstry has agreed that in such a Implementation contract It will guarantee to the Clty the Energy Cost Savings that are set forth in the DES, FEE 61LLING BASED ON CRITERIA All fees assessed under this letter agreement for the DES and Implementation will be included in the final implementation costs. In the event that McKinstry Is unable to recommend projects that meet the criteria above, the City has no further financial obligation to McKinstry, However, If the recommendations meet or exceed the above, and the Clty chooses not to enter into an agreement with McKinstry to Install the projects, the City will reimburse McKinstry for its time and expenses for the DES. All associated Information, Including deliverables, will become the property of the City upon final receipt of payment, MILESTONES McKinstry will Initiate this scope of work Immediatoly upon acceptance of this letter agreement, Formal progress review meetings will be conducted regularly throughout the study phase. During these review meetings, McKinstry will recommend measures, while the City will provide final direction regarding recommended measures. The goal of these review meetings Is to focus engineering efforts, budgeting, and savings assessment on those measures that possess a high probability for implementation. The following are key milestones: soz9o~sLa Page 3 Authorize this letter agreement by fire City • Study kick-off meeting with all stakeholders • McKlnstry to deliver preliminary findings and analysis • Direction from the City based on McKlnstry's preliminary findings • McKlnstry to deliver study and implementation agreement Independent third party review • Implementation agreement authorized by the City and work started by McKlnstry Please see the attached terms and conditions related to this scope of consulting work, Letter Agreement Authorized by: ]anuary~4 , 2010 Date ~r'~`~- Slgna ure ~ tr o~ Li,e~t.r',t.~. (Q Title January ~ , 2010 Date 50290751.3 Assistant City Manager Title Page 4 CONSULTING SERVICES McKinstry Essention, Inc. ("McKlnstry'~ will provide consulting services for the project named above as an Independent consultant to the City of Schertz, Texas (the "Clty'~ and not as an employee, partner, or joint venture. The scope of McKinstry's services shall be as indicated In Its proposal letter dated January 26, 2010. COMPENSATION AND EXPENSES The pYiCe fOr the Work IS $35,000.00. McKinstry shall submit a final Invoice with the delivery of the Directed Energy Study. Payment will be made 30 days after receipt of Invoice unless the City enters into a performance'contract as presented within 30 days of presentation in which case the cost of these services will be Included within the performance contract. TERMINATION Either party may terminate this Letter Agreement by giving Cen (10) days written notice to the other party. In the event of such cancellation, McKinstry shall be entitled to compensation for serviced rendered to date of cancellation. ZNDEMNIFiCATION McKinstry specifically agrees to defend, indemnify, and save harmless the City, its officers, agents, and employees against any and all loss, damage, suits, liability, claims, demands or costs resulting from injury or harm to persons or property, Including claims of McKinstry's own employees, arising out of or In any way connected to McKinstry's performance hereunder. In the event of concurrent negligence of McKinstry and the City, McKinstry shall be liable only to the extent of McKinstry's negligence, McKinstry's activities shall be deemed to include those of its officers, employees, agents and sub consultants. In the event of litigation between the parties to enforce the rights under the above paragraph, reasonable attorney's fees shall be allowed to the prevailing party. McKinstry specifically and expressly waives any Immunity under Industrial Insurance, Title 51 RCW, and acknowledges that this waiver was mutually negotiated by the parties herein. INSURANCE McKinstry shall procure and maintain for a period of the services, through Insurance companies authorized to do business in the State of Texas, the fallowing insurance coverages at the limited of liability specified for each, with renewable deductibles subject to approval of the Clty: 1) Commercial General Liability-$2 million per occurrence/$2 million In the aggregate 2) Automobile Liability Insurance-$2 million per accident 3) Workers Compensation--Statutory 4) Professional Liability-$1 million per claim / $2 million in the aggregate 502907513 Page 5 McKinstry shall name the City as "Additional Insured" for coverage (I) and (2). Coverage shall be primary and non-contributory. McKlnstry shall provide the City with Certificates of Insurance before your work begins. MEDIATION In the event that any dispute arises between the parties concerning this Letter Agreement, such dispute shall be submitted first to mediation. Pending the outcome of mediation either party may seek Injunctive relief In a court of competent jurisdiction. The prevailing party In any dispute under this Letter Agreement shall be entitled to recover from the other parry or parties to the dispute all costs, expenses, and reasonable attorneys' fees relating to or arising from the enforcement or interpretation of, or any litigation or arbitration relating to or arising from a breach of this Letter Agreement, WAIVER OF BREACH The waiver by any party of a breach of any provision of this Letter Agreement cannot operate or be construed as a waiver of any subsequent breach by a party. SEVERABILITY If any provision of this Letter Agreement or the application thereof is held invalid or unenforceable, the invalidity shall not affect the remaining provisions of the Letter Agreement, which shall be read to g(ve effect to the original intent of the parties. GOVERNING LAW The laws of the State of Texas shall govern Interpretation of this Letter Agreement, and the parties contractually agree to exclusive and mandatory venue in the district court of Guadalupe County, Texas. 3ozyo~si.s Page 6 ATTACHMENT A: DIRECTED ENERGY STUDY DELIVERABLES The following minimum elements will he Included: 1. A description of the systems which shall receive Equipment and Services; 2. The cost effective Utility Improvement Measures (UIMs) to be installed or caused to be installed by McKlnstry and a descrlptlon of the UIMs analyzed but disqualiFled under the cost effectiveness criteria; 3. A descrlptlon of the services that McKlnstry will perform or cause to be performed on or In the facility or departments, including but not limited to engineering, construction management, the operations and maintenance procedures for use on Equipment, training for facility personnel, warranty service provlded,~ and equipment maintenance provided; 4. The Maximum Allowable Project Cost; 5. Estimated Energy and Operational Savings 6. The standards of service appropriate for the utility Improvement measure; 7. A description of how the City will finance its acquisition of the Equipment and when title to the Equipment will pass to the Clty; 8. A description of how the estimated Operations and Maintenance Cost Savings will be guaranteed by McKlnstry; 9. A description of how the McKlnstry proposes to be compensated; 10. The term of the Energy Services Agreement; 11. The schedule for project completion; 50290751.3 Page 7 ATTACHMENT B: PERFORMANCE CONTRACTING LEGISLATION CHAPTER 302. ENERGY SAVINGS PERFORMANCE CONTRACTS FOR LOCAL GOVERNMENTS Sec. 302.001, DEFINITIONS. In this chapter: (1) "Baseline" means a calculation or set of calculations in an energy savings performance contract that may be based on historical costs, revenues, accuracy, or related components and used for determining: (A) the costs for energy or taater usage by a local government and related net operating costs; (B) the billable revenues from providing energy, water, or other utilities to users; or (C) the efficiency or accuracy of metering or related equipment, systems, ox processes or procedures. 2) "Energy or water conservation or usage measures" means: (A) the installation or implementation of any of the items, equipment, modifications, alterations, improvements, systems, and other measures described by Subdivision (4) that are intended to provide: , {i) estimated energy savings; (ii) an estimated increase in billable revenues; or (iii) an estimated increase in meter accuracy; or (B) the training for, or services related to, the operation of the items, equipment, modifications, alterations,. improvements, systems, or other measures described by Paragraph (A). (3) "Energy savings" means an estimated reduction in net fuel costs, energy costs, water costs, stormwaL'er fees, other utility costs, or related net operating costs from or as compared to an established baseline of those costs. The term does not include an estimated 50290751,3 Page 8 reduction due to a decrease in energy rates that is not derived from increased conservation or reduced usage. (4y "Energy savings performance contract" means a contract between a local government and a provider for energy or water conservation or usage measures in which the estimated energy savings, increase in billable revenues, or increase in meter accuracy resulting from the measures is subject to guarantee to offset the cost of the energy or water conservation or usage measures over a specified period. The term includes a contract for the installation or implementation of the following, including all causally connected work: (A) insulation of a building structure and systems within the building; (B) storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed and coated windour or door systems, or other window or door system modifications that reduce energy consumption; (C) automatic energy control systems, including computer software and technical data licenses; (D) heating, ventilating, or air-conditioning system modifications or replacements that reduce energy or water consumption; (E) lighting fixtures that increase energy efficiency; (F) energy recovery systems; (G) electric systems improvements; (H) water-conserving fixtures, appliances, and equipment or the substitutioci of non-water-using fixtures, appliances, and equipment; (I) water-conserving landscape irrigation equipment; (J) landscaping measures that reduce watering demands and capture and hold applied water and rainfall, including: (i) landscape contouring, including the use of berms, swales, and terraces; and (ii) the use of soil amendments that increase the water- holding capacity of the soil, including compost; 50290751.3 Page 9 (K) rainwater harvesting equipment and equipment to make use of water collected as part of a storm-outer system installed for water quality control; (L) equipment for recycling or reuse of water originating on the premises or from other sources, including treated municipal effluent; (AI) equipment needed to capture water from nonconventional, alternate sources, including air-conditioning condensate or graywatex, for nonpotable uses; (N) metering or related equipment or systems that improve the accuracy of billable-revenue-generation systems; or {O) other energy or water conservation-related improvements or equipment, including improvements ox equipment relating to renewable energy or nonconventional water sources or water reuse. (5) "Guarantee" means a written guarantee of a provider that the energy savings, increase in billable revenues, or increase in meter accuracy from the energy or water conservation or usage measures will at least equal the cost of the energy or water conservation or usage measures, all causally connected work, and ancillary improvements provided for in an energy savings performance contract. (6) "increase in billable revenues" means an estimated increase in billable revenues as compared to an established baseline of billable revenues. (7) "Increase in meter accuracy" means an estimated increase in efficiency or accuracy of metering or related equipment, systems, or processes or procedures that is calculated or determined by using applicable industry engineering standards. (8) "Local government" means a county,"municipality, or other political subdivision of this state. The term does not include a school district authorized to enter into an energy savings performance contract under Section 49.901, Nducation Code. (9) "Meter guarantee" means a guarantee of a stipulated or agreed upon increase in billable revenues to result from the estimated increase in meter accuracy, based on stipulated or agreed upon 50290751.3 Page 10 components of a billable revenue calculation in an energy savings performance contract. (10) "Provider" means an entity in the business of designing, implementing, and installing of energy or water conservation or usage measures or an affiliate of such an entity. Added by Acts 1997, 75th Leg., ch. 635, Sec. 1, eff. June 11, 1997. Amended by Acts 2001, 77th Leg., ch. 573, Sec. 6, e££. Sept: 1, 2001; Acts 2003, 78th Leg„ ch. 1310, Sec. 70, eff, June 20, 2003. Amended by: Acts 2007, 00th Leg., R.S., Ch. 527, Sec. 4, eff. June 16, 2007. Sec. 302.002, ENERGY SAVINGS PERFORMANCE CONTRACTS. (a) The governing body of a local government may enter into an energy savings performance contract in accordance with this chapter, (b) Each energy or water conservation or usage measure must comply with current local, state, and federal construction, plumbing, and environmental codes and regulations. Notwithstanding Section 302,001, an energy savings performance contract may not include improvements or equipment that allow or cause water from any condensing, cooling, or industrial process or any system of nonpotable usage over which public water supply system officials do not have sanitary control to be returned to the potable water supply. Added by Acts 1997, 75th Leg., ch. 635, Sec. 1, eff. June 11, 1997. Amended by Acts 2001, 77th Leg „ ch. 573, Sec. 6, eff. Sept. 1, 20017 Acts 2001, 77th Leq., ch. 1319, Sec. 9, eff. Sept. 1, 20017 Acts 2003, 78th Leg., ch. 1310, Sec. 79, eff. June 20, 2003. Amended by: Acts 2007, 00th Leg., R.S., Ch. 527, Sec. 5, eff. June 16, 2007, Sec. 302.003. PAYMENT AND PERFORMANCE BOND. Notwithstanding any other law, before entering into an energy savings performance contract, the governing body of the local government shall require the provider of the energy or water conservation or usage measures to file with the governing body a payment a77d performance bond relating to the installation of the measures in accordance with Chapter 2253, soz9o7s7.e Page 11 Government Code. The governing body may also require a separate bond to cover the value of the guarantee. Added by Acts 1997, 75th Leq., ch, 635, Sac. 1, eff. June 11, 1997, Amended by Acts 2001, 77th Leg., ch. 573, Sec. 6, eff, Sept. 1, 2001; Acts 2001, 77 t1~ Leg., ch. 1319, Sec. 5, eff. Sept. 1, 20011 Acts 2003, 78th Leg„ ch. 1310, sec. 80, 121(23), eff. June 20, 2003, Amended by: Acts 2007, 60th Leg., R.S., Ch. 527, Sec. 6, eff. June 16, 2007. Sec. 302.009. METHOD OE FINANCING; TERMS OF CONTRACT. (a) An energy savings performance contract may be financed: (1) under a lease-purchase contract that has a term not to exceed 20 years from the final date of installation and that meets federal tax requirements for tax-free municipal leasing or long-term financing; , (2) with the proceeds of bonds; or (3) under a contract with the provider of the energy or water conservation or usage measures that has a term not to exceed the lesser of 20 years from the final date of installation ox the average useful life of the energy or water conservation or usage measures. (b) An energy savings performance contract shall contain provisions requiring the provider of the energy or water conservation or usage measures to provide a guarantee. If the term of the contract- exceeds one year, the local government's contractual obligations in any one year during the term of the contract beginning after the final date of installation may not exceed the total energy and water savings, the net operating cost savings, and the stipulated or agreed upon increase in billable revenues resulting from the estimated increase in meter accuracy, divided by the number of years in the contract term. Added by Acts 1997, 75th Leg., ch. 635, Sec. 1, eff. June 11, 1997. Amended by Acts 1999, 76th Leg., ch. 361, Sec. 4, eff. Sept. 1, 19991 Acts 2001, 77th Leg., ch. 573, 50290751.3 Page 12 Sec. 6, eff. Sept. 1, 2001s Rcts 2001, 77th Leg., ch. 1319, Sec. 6, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1310, Sec. 81, eff. June 20, 2003. Amended 1?y: Acts 2007, 80th Leg., R.S., Ch. 527, Sec. 7, eff. June 16, 2007. Sec. 302.005. BIDDING PROCEDURES; AWARD OP CONTRACT, (a) An energy savings performance contract under this chapter may be let in accordance with the procedures established for procuring certain professional seivices by Section 2254.004, Government Code. Notice of the request for qualifications shall be published in the manner provided for competitive bidding. (b) Before entering into an energy savings performance contract, the governing body must require that the energy savings, increase in billable revenues, or increase in meter accuracy estimated or projected by a provider be reviewed by a licensed professional engineer who: (1) has a minimum of three years of experience in energy calculation and review; (2) is not an officer or•employee of a provider for the contract under review; and (3) is not otherwise associated with the contract, (c) In conducting the review, the engineer shall focus primarily on the proposed improvements from an engineering perspective, the methodology and calculations related to cost savings, increases in revenue, and, if applicable, efficiency or accuracy of metering equipment. An engineer who reviews a contract shall maintain the confidentiality of any proprietary information the engineer acquires while reviewing the contract. Sections 1001,053 and 7.001.407, Occupations Code, apply to work performed under the contract. Added by Acts 1997, 7511. Leg., ch. G35, Sec. 1, eff, June 11, 1997. Amended by Acts 2001, 77th Leg., ch. 573, Sec. 12, ef£. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1319, Sec. 7; Acts 2003, 70th Leg., ch. 1276, Sec. 12.005, ef£. Sept, 1, 2003; Acts 2003, 70th Leg., ch. 1310, Sec. 82, eff. June 20, 2003. 50290751.3 Page 13 Amended by: Acts 2007, 80th Leg., n.S., Ch. 527, Sec. 8, eff. June Z6, 2007. Sec. 302.006. METER GUARANTEES. (a) This section applies to any energy savings performance contract that: (l) provides for any metering or related equipment, system, or process or procedure; and (2) includes a meter guarantee by the provider, regardless of whether the meter guarantee is a part of a broader guarantee applicable to other energy or water conservation or usage measures or causally connected work. {b) Not later than the fifth anniversary of the effective date of an energy savings performance contract, an engineer shall test a statistically relevant sample of the meters installed or implemented under the contract to detezmine or calculate the actual average accuracy and shall compare the actual average accuracy to the baseline average accuracy of those tested meters. (c) A meter guarantee applies if the engineer reports to L•he local government and the provider that the average accuracy of the tested meters as of the testing date is less than the baseline average accuracy of the tested meters as of the testing date. (d) The amount payable under the meter guarantee must be determined for each year subject to the engineer's report and is equal to the difference between: (1) the agreed increase in billable revenues based on the estimated accuracy of all of the meters for each year, accozding to L•he energy savings performance contract; and (2) the revenues for the same year that would result from applying the engineer's reported actual average accuracy of the tested meters to all of the moters subject to the energy savings performance contract, using the same contract components that were used to calculate the agreed increase in billable revenues for that year, assuming the annual decrease in actual average accuracy of all the 30270751.3 Page 14 meters was a pro rata percentage of the reported total decrease in actual average accuracy. (e) Notwithstanding Subsection (d), if the meter guarantee in the contract is part of a broader guarantee applicable to other energy or water conservation or usage measures or causally connected work under the contract, the amount payable under the meter guarantee for any year during the measurement period is xeduced or offset by the difference between: (1) the sum of the energy savings and the increase in billable revenues resulting from the other energy or water conservation or usage measures or causally connected work for that year during the measurement period; and (2) the guaranteed amount of the energy savings and the increase in billable revenues from the other energy or water conservation or usage measures or causally connected work for that year during the measurement period. (f) A test conducted under this section must be performed in accordance with the procedures established by the International Performance Measurement and Verification Protocol or succeeding standards of the United States Department of Energy, (g) An engineer conducting a test under this section shall: (1) verify that the tested meters have been properly maintained and are operating properly; and ' (2) comply with Section 302.005(c). Added by Acts 2007, 80th Leg., R.S., en. 527, Sec. 9, eff. June 16, 2007. 50290751.3 Page 15 ATTACHMENT C: BUILDING INVENTORY LIST ADDRESS OCCUPANCY YEAR BUILT SQ FT 1298 Borgfeld Animal Control 1988 1,500 103 Aero Comfort Slatlon 1982 560 401 Oak BVYA office 1984 2 100 4030ak SmallPavlllon 19fl2 , 900 503 Oak Comfort Station 1982 750 7010ak Pool 1989 6,000 701 Oak Child pool 1989 300 701 Oak Bath house and concession 1989 1 600 703 Oak Large Pavilion 1982 , 14 400 703 A Oak Family Comfort Slatlon 1902 , G80 703 B Oak Comfort Station 1982 150 901 Oak BVYA Concession 1982 3,200 903 Oak BYVA Comfort Slatlon 2006 732 Ashley Comfort Station 1999 300 4318 Cherry Tree Balh house and Concession 2003 1 290 4318 Cherry Tree Pool 2003 , 2,200 3601 Morning Dr Community Center north 1979 4,514 19066 IH 35 N Substallon 2005 6,442 104 E Huebingor Substallon (Marlon) 2ppg 840 196258 FM 3009 Radio Repeater Building 2007 100 1049 E Llve Oak Dwelling (vacant) 1976 2,093 808 Schertz parkway Comfort Station 1994 392 808 Schertz Parkway (old) Library 1981 9 000 798 Schertz Parkway Library 2009 , 31,500 1400 Schertz Pkwy Bldg 1 Cily Hall 1977 12,380 1400 Schertz Pkwy Bidg 2 Administration Building 2008 9 976 1400 Schertz Pkwy Bldg 3 Community Ctr 1877 , 5 200 1400 Schertz Pkwy Bldg 4 Council Chambers 2005 5 824 1401 Schertz Pkwy Bldg 6 Civic Canter 2005 20,130 7402 Schertz Pkwy Bldg 6 Police Dept 1998 18 375 1400 Schertz Pkwy Bldg 7 EMS 1998 , 9 743 1400 Schertz Pkwy Bldg 8 Flra Dept 1998 , 12 400 1400 Schertz Pkwy Bidg 9 Facility Maintenance 2007 , 2,400 sozso~sl.e Page 16 1400 Scheriz Parkway Comfort Slalion 2001 732 1400 Scheriz Parkway Storage 1975 1 428 1400 Scheriz Parkway BVYA concession / restroom 2006 3,200 1730 Scheriz Parkway Kramer Houso 18D0 1,G76 1100 FM 1518 BVYA storage 1876 625 1120 FM 1518 Storage 1976 2 400 1130 FM 1518 Storage 1962 , 1 200 1140 FM 1518 Storage 1962 , 1,000 10 Commercial Place BIdg1 Purchasing/fleet /parks 1976 2 987 10 Commercial Place Bldg 2 Public Works 2006 , 12,960 621 Westchester Rec Clr 2010 32,600 50290751.3 S U S A N TEXAS COMPTROLLER Of PUBLIC ACCOUNTS (` ~ M B .S P.O. eDx 13528 • AusriN, TX 76711.3528 November 16, 2010 Mr. Don Taylor City Manager City of Schertz 1400 Schertz Parkway Schertz, TX 78154 Re: Energy Efficiency Conservation Block Grant Agreement between the City of Schertz and the Comptroller of Public Accounts Dear Mr. Taylor: Enclosed is one fully executed original of the above-referenced contract. If you have any questions on the application, budget, reporting or other program related issues, please contact the SEGO Stimulus Team at 1-800-531-5441, ext 37392 or secostimulus@cpa.state.tx.us. Sincerely, ~ly~.~ /~¢e`v Marlene Bonilla Legal Assistant Contracts Section General Counsel Division marlene.bonilla@cua.state.tx.us (512) 463-3780 Enclosure WWW. WIN DOW.STATE.TX.US 512-463'4000 TOLL FREE: I'800'S31-S441 FA%: 512'463'49fj5 COMPTROLLER OF PUBLIC ACCOUNTS (CPA) Giant Awad Notice To SEGO SBuudus AnrerlcanR¢coveryandRelnveshnerrtActCranls Th¢Ct[yofSCh¢rfZ,_Texas - For - American Recove and Reinvestment Act ARRA 1. SUBAECIP[ENT NAME AND ADDRESS: 4. SUB-AWARD NUMBER: 4605MM The City of Sclrerlg Texas 5, pERFORMANCE/BUDGETPERlOD FOR GRANTS: 1400 Schertz Par/nvay Schertb Texas 78154 Jurre 1, 2010 -June 30, 2012 2. FEDERAI, GRANT TITLE: 6. DATE OF FEDERAL A WARD TO CPA; Energy EJjlciertcy and Conservation Block Grant Sep[ernber 14, 2009 3A. FBDERAL GRANT AWARD NUMBER: 7. AMOUNT OF SUDAWARD: D~EE0000893 $86,365.00 3B. FEDERAL GRANTING AGENCY: 8. SUBAWARD 9. ACTION Deparhnent ofEnergy DATE lniNal A,vard Jnae 1, 2010 10. SPECIAL CONDITIONS See attached Statement of Work (SOW) 11. STATUTORY AUTHORITY FOR GRANT This ro'ect is su orted under Public Law 111-5 the American Recove and Reinvestment Ac[ of 2009 12. REPORTING REQUIREMENT: See Attachment K-ARRA Reporting Requirements at wwwsecostimulus.ore/blockerant 13. METHOD OF PAYMENT Cost reimbursement. 14, DEBARMENT/SUSPENSION CERTIFICATION: By signing in block !7 below, the Subrecipient official certifies that any contractors utilized aze not listed on [he excluded adies listed s stem at ht ://www.e ls. ov 15. NONSUPPLANTING CERTIFICATION: By signing in block l7 below, the Subrecipient official certifies federal funds will be used to supplement existing funds, and will not replace (supplant) funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected recei t of federal funds. 16. APPROVING CPA OFFICIAL T RE DATE Martin A. Hubert, Deputy Comptroller ~,aa j'/ Texas Com troller of Public Accounts U I Lave read and understand the attached Terms and Conditions. 17. TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT GNATURE OF SUBRECI E OFFICIAL OFFICIAL DATE: Don Taylor, - w City Manager p ^ ~~,~ ~G ~ - 1S. AWARD BREAKDOWN CFDA 87.128 2010 TERMS AND CONDITIONS American Recovery and Reinvestment Act (ARRA) Parties to ARRA•reclplentAgreement This ARRA-recipient Agreement (ARRA-recipient Agreement or Agreement) is made and entered into by and between the Texas Comptroller of Public Aocounfs, an agency of the Slate of Texas, hereinafter referred to as "CPA," and the funds recipient, hereinafter referred to as the ARRA-recipient. Furthermore, CPA and the ARR4-reclpienl are collectively hereinafter referred to as the "Parties " By this ARRA-recipient Agreement's execullon, the Parties have severally and collectively agreed to be bound to the mutual obtlgaflons and to the performance and accomplishment of the !asks described in this ARRA-reclplent Agreement. The ARRA-reclplent Agreement is only an offer until the ARRA-reclpienl returns the signed copy of the 2010 ARRA-recipient Agreement In accordance with the date provided in the Iransmlttal letter and in the Agreement. ARRA-reclplent Purpose and Overview A. Purpose and Overview. The American Recovery and Reinvestment Act of 2009 (ARRA), Public Law 111-5, was created to provide gents funds to sllmutate economic recovery, investment and creation of new Jobs and opporlunitles for all Americans Including Texans. The Comptroller's Sllmulus Program applied for and the Comptroller has been awarded ARRA funds to support the CompUOllers Energy Efflclency and Conservation Block Grant (EECBG) Program Wnich Includes the following eligible activities: bullding energy audits and retrofits, installallon of distributed energy technologies, inslalladon of energy efficient traffic signals and street Itghting, and Installation of renewable energy technologies on government bulldings. The purpose of this Agreement is to provide black grants made available through fhe U.S. Department of Energy (DOE) pursuant to Tilte V, SubOtle E of the Energy Independence and Secudty Act of 2007 (EISA) (42 U.S.C. 17151 et sea) and ARRA to Texas municipalltles and counties that are not eligible to receive a tltrect allocagon under EISA and ARRA from DOE to participate in the EECBG program. B. Standard of Performance. The ARRA-recipient shall perform all activities and projects ougined in the ARRA-reclplenl's Statement of Work (SOW) that Is attached to the contract as Exhlbit G. The ARRA- reclplenlshall perform all activities In accordance with all terms, provisions and requirements set forth In Ihls ARRA-reclplent Agreement and the: 1. Applicable Laws and Regulations, hereinafter referred to as'Exhibit A"; 2. Cerllflcallons, hereinafter referred to as °Exhlbit B'; 3. CertiFlCatian Regarding Lobbying for ARRA-reclplent Agreements, Grants, Loans, and Cooperative Agreements, hereinafter referred to as °Exhlbit C°; 4. DOE Terms and Condillons, hereinafter referred to as "Exhibit D'; 5. The ARRA•ReclplenYs Affidavit, hereinafter referred to as "Exhlbit E°; and 6. The ARRA-Reclpient's Contractors Affidavit, hereinafter referred to as °Exhlbit F°. C. Failure to Perform. In the event the ARRA-reclplent fails to implement the project(s) outlined In its appllcalion to CPA or comply with any of this ARRA-reclplent Agreement's provlslons, in addition to the remedies specified in lhlsRRRA-recipient Agreement, the ARRA-reclplent Is Ilable to CPA for an amount not to exceed the award amount of this ARRA-reclplent Agreement and may be barred from applying for or receiving additional ARRA program funds or any other federal program funds administered by CPA until repayment to CPA is made and any other compliance or audit finding is satlsfaclodly resolved. CPA Ohligatfons A. Measure of Liability. CPA shall be Ilable for actual and reasonable costs incurced by the ARRA-reciplenl during the ARRA-reclpienl Agreement perfod for perfartnances rendered under this ARRA-reclplent Agreement by the ARRA-reclplent, subject to the Ilmitagons set forth In this Section. CPA shall not be liable to the ARRA-reciplenl for any costs Incured by the ARRA-recipient that are not allowable costs. A. ARRA-recpienl Agreement Funds Defined and Limit of Liability. The term "ARRA-reclplent Agreement funds" as used in thlsRRRA-reclplent Agreement means funds provided by CPA under the ARRA programs. The term "ARRA-recipient's funds" or leverage funds as used in this ARRA-recipient Agreement means funds provided bytheARRA-reclplent. Notwithstanding any other provision of this ARRA-reclplent Agreement, the total of all payments and other obligations incurred by CPA under this ARRA-reclplent Agreement shall not exceed the Total Award Amount Ilsted an the cover page of the ARRA-reclplent agreement. Page 2 of 22 B. Excess Payments. The ARRA-recipient shall refund to CPA any sum of ARRA-recipient Agreement funds that CPA determines has resulted in overpayment to the ARRA-reciplent as a result of a CPA determinaflon that the funds have not been spent by the ARRA-recipient in acrwrdance with th(s ARR4- reGpienl Agreement. No refund payment(s) may be made from Tederel grant funds unless repayment with grant funds Is specifically permitted by statute or regulation. The ARRA-reciplent shall make such refund to CPA within thirty (30) days after CPA requests such refund. Suspension Notxrithstanding the provisions of Chapter 2251, Texas Govemment Code, in the event the ARRA-reciplent falls to comply with any of this ARRA-recipient Agreements terms, CPA may, upon written noligcatlon to the ARRA-recipient, suspend this ARRA-reciplent Agreement in whole or in part, withhold payments to the ARRA-reclpient and prohibit the ARRA-recipient from incurring additional obligations of ARRA-recipient Agreement funds. Termination A. CPA's Right to Terminate. CPA shall have the right to terminate this ARRA-reclpient Agreement, in whole or in part, at any time before the end of the Performance Period, whenever CPA determines that the ARRA-recipient has failed to comply with any of this ARRA-reclpient Agreement's terms. CPA shall nogfy the ARRA-reclpient In writing prior to the thirtieth (30m) day preceding the termination of such delerminalion and Include: 1. the reasons for such termination; 2, the effective date of such termination; and 3. In the case of partial termination, the portion of the ARRA-recipient Agreement to be terminated. CPA may also terminate this ARRA-recipient Agreement upon termination of ARRA funding from the federal govemment. If this Agreement Is terminated for any reason, Comptroller and the State of Texas shall not be liable for any damages, claims, losses, expenses, cost or any other amounts of any kind whatsoever arising from or related to any such termination. B. Parties' Right to Terminate. In addition to CPA's right to terminate spedfied in Subsection A of Ihis section, both Parties shall have the right to terminate this ARRA•reclplent Agreement, In whole or in part, when the PaNes agree that the continuation of the aGlviges funded under this ARRA-reciplent Agreement would not produce beneficial results commensurate with the further expenditure of ARRA-recpient Agreement funds. The Parties shall agree, in writing, upon the ternlnatlon conditions, including iha effective date of termination and In the case of pargal termination, the portion of the ARR4-recipient Agreement to be terminated. Conflict of Interest A. Financial Interest Prohibited. ARRA-recipient shall ensure (except for eligible adminlstrative or personnel costs) That no person who (I) is an employee, agent, consultant, officer, or elected ofFlclal or appointed ofgGal of the ARRA-reciplent or of a subcontractor of ARRA-reciplent, and (II) who exercises or has exercised any functions or responslbilllies vrifh respect to the activities assisted under Ihis ARR4- reciplent Agreement or Is In a position to participate In a decision making process or gain Inside Information with regard to such activities, may have an Interest In or benefit from the activity or have any Interest in the ARRA-reclpient Agreement or a subcontract for the ARRA-recpient Agreement, during the persons tenure with ARRA-reclpient or a subcontractor of ARRA-recipient and for at least one year thereafter. ARRA- recipient shall apply the requirements of this subsection to empbyees, agents, consultants, officers, and elected and appointed ofgGal of the ARRA-reciplent and any subcontractors of ARRA-recipient as well as any member of such persons Immediate families, their partners, and any organization that employs, or Is about to employ any of the above. ARRA-reciplent shall comply with Chapter 171, Texas Lopl Government Code. B. Inclusion In Subcontracts. The ARRA-reclpient shall Include the substance of this Secllon In all subcontracts. Monitoring CPA reserves the right to perform periodic on-site monitoring of the ARRA-reGpient's compliance with this ARRA-recipient Agreements terms and conditions and of the adequacy and Ilmeilness of the ARRA- reciplent's performance pursuant to this ARRA-recipient Agreement and 10 C.F.R. 600.341. CPA will Page 3 of 22 monitor ARR4-reGplenis to assure cemptlance with appllrable Federal requirements and that performance goals are being achieved for each program, function or activity. After each monitodng visit, CPA shall provide the ARRA-recipient vdth a written report of the nwnitors findings. If the monitoring report notes deficiencies in the ARRA-recipient's performance under this ARRA-recipient Agreement's terms, fhe monitoring report shall include requirements for the timely correction of such deficencies by the ARRA- reclplent. Failure by the ARRA-reciplenl to take action specified in the monitoring report may ba cause for this ARRA-reGpient Agreement's suspension or termination pursuant to the Sections on Suspension and/or Tennlnation set forth on page 2 ofthis ARR4-reciplenl Agreement. Audit A. CPA may require, at ARRA-recipients sole cost and expense, Independent audits by a qual~ed certified public acceunting firm of ARRA-recipient's books and records or the Slate's properly. The Independent auditor shall provide CPA with a copy of such audit at fhe same time It is provided to ARRA- reclplent. A. CPA's Right to Audit. Notwithstanding Subsection A. ofthis Secllon, CPA reserves the dght to conduct a financial and compliance audit of ARRA-recipient Agreement funds received and performances reMared under this ARRA-recipient Agreement. The ARRA-redpient agrees to permit CPA or its authorized representative, designee, or agent to audit the ARRA-recpient's records, to faGlitate performance of the audit, and to obtain any documents, matedals or information necessary to facilitate such audit. B. ARRA-recpient's Llabil(ty for Disallowed Costs. The ARRA-reGplent undestands and agrees that it shall be liable to CPA for any costs disallowed pursuant to financial and compliance audit(s) of ARRA- reciplent Agreement funds. The ARRA-reclplent further understands and agrees that reimbursement to CPA of such disallowed costs shall be paid by the ARRA-reclplent from funds that were not provided or otherwise made available to the ARRA-reciplenl pursuant to this ARRA-reclplent Agreement or any other federal contract. C. Stale Auditor's Office. The ARRA-recipient understands that acceptance of ARRA-reclplent Agreement funds acts as acceptance of the authority of the State Auditors Office or any successor agency to conduct an audit or Investigation in connection with these funds. The ARRA-reclplent further agrees to cooperate fully with the State Auditors Office or its successor in the conduct of the audR or Invesllgation, including providing all records requested. The ARRA-recipient shall ensure that this clause concerning the authority to audit funds received Indirectly by subcontractors through the ARRA-recipient and the requirement fo cooperate is Included In any subcontract it awards. Reimbursement A. ARRA-reciplenl agrees to make no request for reimbursement pdor to return of this Agreement signed by the authorized ARRA-reclplent representative. ARRA-reGpient also agrees to make no request for reimbursement for goods or services procured by ARRA-reclplent prior to the performance period start date of this Agreement or after the performance period end date of Ihls Agreement; except that CPA may reimburse expenditures made prior to the return ofthis Agreement signed by the authorized ARRA-recipient representative IL • The expense Is directly related to the EECBG °approved° project • The expense was not Incurred pdor to the signing of the Notificellon of Intent to participate In the EECBG program • The expense meets all ARRA provisions, stale and federal laws and regulations, and SECO Stimulus programs rules • The expense is property documented; and • The Agreement Is executed 8. Request for Reimbursement. The ARRA-reGpient shall submit to CPA, as often as needed, a properly completed VISS Form Tully supported by receipts and such other documentation. CPA retains the authority to approve or deny the amount requested and shall not make disbursement of any such payment until CPA has reviewed and approved such a request. C. Payment Contingent. Notwithstanding the provisions of Subsection A of this Section, payments under this ARRA-recipient Agreement are contingent upon the ARRA-recpient's performance of Its contractual obligations. Page 4 of 22 Reporting Requirements ARRA recipients shall comply with all Reporting Requirements of CPA for ARRA EECBG grant agreements as published on CPA's website: hllp://www.secoslimulus.oro/blockorant. This compliance Includes the reporting requirements as odglnally published and as modified throughout the Performance Period included on the Cover Page of this Agreement, and otherwise as required for ARRA redpieni's compliance with this Agreement. Closingthe Grant A. The ARRA-redplent must have expended all grant funds and submitted expenditure reimbursement requests and any Invoices by the end of the performance period listed on the ARRA-redplent Agreement. A. CPA will close an award after receiving ARRA-reclplenYs final expenditure report Indicating Ihat all approved work has been completed and all funds have been disbursed, completing a reviewto confirm the accuracy of the reported information, and recendling actual costs to awards modiftcatlons and payments. If the close out review and recencllladon indicetes that the ARRA-redpient is owed addilfonal funds, CPA will send the Unal payment automatically tothe ARRA-reclplent. Restrictions, Disclaimers and Notice A. Notwithstanding any other Agreement provisions, the parties hereto understand and agree that CPA's obligations under this Agreement are contingent upon the receipt of adequate funds to meet CPA's liabilities hereunder. CPA shall not be liable to the ARRA-redplent for costs under this Agreement which exceed the amount specified in the Notice of ARRA-redpient Award. A. Nollce. All notices or communication required or permitted to be given by either party hereunder shall be deemed suffidently given U mailed by registered mall or certified mail, return receipt requested, or sent 6y ovemlght couder, such as Federal Express, to the other party at its respective address set forth below or to such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third business day following the dale of mailing. Notices sent by overnight ceuder shall be deemed received the following business day. Notice shall be sent to: For CPA Assigned Grants Contract Manager Far ARRA-redpient: Don Ta or City Manager Retention and Accessibility of Records A. Retention of Records. The ARRA-reclplent shall malntaln Uscal records and supporting documentation for all expendkures of ARRA•reclplent Agreement funds. The ARRA-reclplent shall retain these records and any supporting documentation for the greater of Ihree (3) years from the completion of CPA's Agreement with DOE including program requirements and financial obligations, or the period of Ume required by other applicable laws and regulations as described in Exhibit A. A. Access to Records. The ARRA-recipient shall give the United States Department of Energy, the Inspector General, the General Accounting OPoce, the Auditor of the Stale of Texas, CPA, or any of their duly authodzed representatives, access to and the right fo examine all books, accounts, records, reports, files, other papers,lhings or property belonging to or in use by the ARRA•recipient pertaining to this ARRA- reciplentAgreement Including records concerning the past use of federal funds. Such dghts to access shall continue as long as the records are retained by the ARRA-reclplent. The ARRA-recipient agrees to malntaln such records In an accessible location and to provide citizens reasonable access to such records consistent vrith the Texas Public Information Act, Chapter 552, Texas Government Code. B. Inclusion in Subcontracts. The ARRA-reclplent shall Include the substance of fhfs Section, Retengon and Accessibility of Records, In all subcontracts. Subcontracts A. ARRA-recipient Liability. In no event shall any provision of this Section be wnstrued as relieving the ARRA-redplent of the responsibility for ensudng that the performances rendered under all subcontracts Page 5 of 22 comply with all o(this ARRA-recipient Agreement's terms as if such performances rendered were rendered by the ARRA-reclplent. CPA's approval under this Section does not wnstitule adoption, ratiFlcalion or acceptance of the ARRA-recipient's or a subcontractors performance. ARRA-recipient shall require all subcontractors to cemply with the same reporting requirements as ARRA-recipient outlined In the Section of This Agreement entitled °Other Requirements', paragraph B. ARRA-recipient will also be responsible to ensure That all Vendors comply with the same reporting requirements. A. Applicable Law. The ARRA-reclplent shall comply with 10 C.F.R. Part 600 and all applicable federal and state laws outlined in Exhibit A and local laws, regulations and ordinances related to making procurements under this ARRA-reclplent Agreement. Legal Authority A. Signatory Aulhodty. The ARRA-recipient assures and guarantees that the ARRA-reclplent possesses the legal authority to enter Into this ARRA-reclplent Agreement, to receive ARRA-reclplent Agreement funds and to perform the services the ARRA-reclplent has obligated itself to pedorm pursuant to this ARRA- reclpientAgreement. A. Authorized Representative. The person or persons signing and executing this ARRA-recipient Agreement on the ARRA-recipient's behalf do warant and guarantee that he, she or they have been duly authorized by the ARRA-reclplent to execute this ARRA-reclplent Agreement on the ARRA-recipient's behalf and to validly and legally bind the ARRA-reGpient to all contractual terms, performances and provisions. If requested, ARRA-reclplent will provide CPA with documents granting authority to the designated representallve authorizing Ihem to execute documents for this purpose. Notice of Litigation and Cieims The ARRA•reclplent shall give CPA immediate notice in writing of: 1. any action, including any proceeding before an adminislrative agency, Flied against the ARRA-recipient adsing out of the performance of any subcontract under this ARRA-reclplent Agreement; and 2. any claim against the ARRA-reclplent, the cost and expense of which fhe ARRA-recipient may be entified to be reimbursed by ARRA grant programs. Except as otherwise directed by CPA, the ARRA-reclplent shall furnish immediately to CPA copies of all documentation received by the ARRA-reclplent with respect to such action or claim. Indamnlficatlon To the extent permitted by law, the ARRA-reclplent agrees to hold CPA harmless and to indemnify CPA from and against any and all claims, demands and causes of action of every kind and character that maybe asserted by any party occurring or In any way Incident to, arising out of or in connection with the services to be performed by the ARRA-recipient or tts subcontractors, if any, pursuant to this ARRA-reclplent agreement. Changes and Amendments A. Written Amendment. Except as speclFlcally provided otherwise in Ihis ARRA-rocipienl Agreement any alterations, additions or deletions to this ARRA-reclplent Agreement's terms shall be made through written amendments generated by CPA and executed by the Parties. A. Authority to Amend. This ARRA-reGplent's deliverables shall be rendered in accordance with ARRA, Exhibit A, the assurances and certifications made to CPA by the ARR4-reclplent and the assurances and certlFlcatlons made to CPA by the Slate of Texas with regard to the operation of the ARRA grant programs. Policies and reporting requirements may further be amended by CPA, dudng the period of this ARRA- recipfent Agreement's performance as the federal government Issues policy directives that serve to establish, interpret or clarify Ihis ARRA-reclplent Agreement's performance requirements. Such policy directives shall be promulgated by CPA In the form of Information Bulletins and shall have the effect of qualifying this ARRA-reclplent Agreement's terms and shall be binding upon the ARRA-recipient as if wdtten In the ARRA-reclplent Agreement. B. Effect of Changes In Federal and Slate Laws. Any alterations, additions, or deletions to this ARRA- reclplent Agreement's terms that are required by the changes in federal and state laws or regulations are automatically incorporated into this ARRA-reclplent Agreement without written amendment to this ARRA- recipient Agreement and shall become effeclfve on the date designated by such law or regulation. The Page 6 of 22 Recovery Accountability and Transparency Board periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which It administers. Information regarding releases and information regarding ARRA funds can be accessed at http://www.recoverv cov/ and are inwrporeted by reference into this ARRA-recipient Agreement as if set forth herein. C. The ARRA-recipient shall notify CPA within ten (10) working days of the occurrence of any change in the ARRA-recipient's key personnel assigned to the grant pro)ect, sign cant changes affecting the ARRA- reciplenl's Identity (such as name, governing structure or organizagon ownership or control, name change, governing board membership), any voluntary or involuntary acdons in bankruptcy, or any cdminal or civil allegations or actions by or against the ARRA-reclplent. Headings Headings and captions of this ARRA-recipient Agreement's sections and paragraphs are ony for convenience and reference. These headings and ceptions shall not affect or modify this ARRA-recipient Agreement's terms or be used to Interpret or assist In the censiruclion ofthis ARRA-recipient Agreement. Program ARRA-recipients Except as spedflcally authorized by CPA in writing, the ARRA-recipients, in selecting ihefr Sub-grenlees (°Program Subreclplents') hereunder, shall utilize procurement procedures referenced In ARR.4 Provisions located al www.secostimulus.orclblockaranl (as applicable). The ARRA-recipient, Insub-granting any of the performances hereunder, expressly understands that in entedng into such sub-grants, CPA Is In no way liable to the Program Subreclplents. The ARRA-recipient shall ensure that the performances rendered under all sub-grants by their Program Subreclplents are rendered so as to comply with ail the terms and provisions of this ARRA-recipient Agreement as if the performances rendered were rendered by the ARRA-reclplent. Should the ARRA- reapient enlerInto asubsequent sutrgrant, the ARRA-reclplent shall: 1. Remain liable for the performance of the terms; conditions, and exhibits of ihls ARRA-reclplent Agreement. 2. Provide to CPA, within thirty (30) days of contract execution, all Program Subrecipienl's names, addresses, telephone numbers, contact persons, contract amounts, and program description of each sub- grant to this ARRA-reclplent Agreement. 3. Require that Program Subreclplents make all documents, papers, and records relevant to the work performed available to CPA and/or Federal Granting Agency or their duly aulhodzed representative for examinallon, copying, or mechanical reproduction. 4. Require each of Its Program Subreclplents to be subject to the examinallon and audit of its duly authorized agents and shall mandate that all Program Subreclplents retain all financial records, supporting documents, slalislical records, evaluation data, program performance data, member Information and personnel records for a period of five (5) years after: a. The submission of the Program Subredplenl's final expenditure report for the program; and 5. The resolullon of any Ilttgatlon, claim, negotlatton, audit or other action involving those records, if such resolullon Is after the submission of the Program Subrecipient's final expenditure report for the program. Notify CPA to writing within thirty (30) days if any Program Subrecipient under This award is suspended or terminated. Additionally, in such notice, the ARRA-recipients shall Identify how the suspension or termination vdll Impact the Subreclplenl's budget and scope of work. 6. Provide written notice to each Program Subrecipient within seven (7) days from the date the ARR4- reciplentAgreement is terminated or the date CPA suspends this ARRA-reGplenl Agreement. 7. Request of each program Subrecipient, the certifications required In Exhibit B: Assurances and Certifications. Pege 7 of 22 Buy Texas ARRA-recipient should make every effort to buy Texas products and materials for use in providing the services authodzed herein when such products and materials are available at a comparable price and in a comparable period of time when compared to non-Texas products and materials. Technical Assistance CPA will provide technical assistance to the ARRA-recipient with cercecling the deficiencies noted durtng monitortng, evaluations and the reimbursement process. CPA may cenduct follow-up visits to review the previous degclencles and to assess the efforts made to correct them. Fraud If the adminlstralive head of a department or entity that Is subject to audit by the Texas State Audllor, has reasonable cause to believe that ARRA funds received by the ARRA-recipient or by a client or contractor of the ARRA-reclplent may have been lost, misappropriated, or misused, or that other Fraudulent or unlawful conduct has occurred In relation to the operation of the ARRA-recipient, the administrafive head shall report the reason and basis for the belief to the Texas State Auditor. The Texas Stale Auditor may investigate the report or may monitor any Invesligallon conducted by the ARRA-reclplent. A form to report fraud, waste or abuse is available on the Fraud Reporting Page: http://sao.iraud.state ix us/ . Reports of fraud, waste or abuse may also be mailed to: State Auditors Office, Attn: SIU, P. O. Box 12067, Austin, TX 78711-2067. Persons who report fraud may choose to remain anonymous. Oral and Written Agreements A. Pdor Agreements. All oral and written agreements between the Parties relating to this ARRA-reclplent Agreements subject matter that were made pdor to Dale of Execution have been reduced to writing and are contained Inthis ARRA-reclplent Agreement. A. Exhibits. The exhibits enumerated and denominated in the Agreement are hereby made a part of Ihls ARRA-reclplent Agreement and constitute promised pertormances by the ARRA-reclplent In accordance with the ARRA-recipient Agreement and the Exhibits. B. Deputy Comptroller's Signature. This ARRA-recipient Agreement is not effective unless signed by the Deputy CompVoller of CPA. Compliance with Law/Order of Precedence Any Inconsistency In the ARRA-recipient Agreement shall be resolved by giving precedence In the following order (a) Applicable Federal Statutes, (b) Code of Federal Regulations, (c) State of Texas Statutes, (d) State o(Texas Adminlstra0ve Code, (e) Notice of Funding Opportunity, (f) the approved ARRA SOW including all assurences, certi8callons, exhibits, and pre-award negotiations and (g) CPA ARRA Guidelines. In the event of a con8lcl between such laws and regulations and the terms and conditions of Ihls ARRA-recipient Agreement, precedence shall be given to the lours and regulations. Waiver Any dghl or remedy provided for in this ARRA-recipient Agreement provision shall not preclude the exercise of any other right or remedy under this ARRA-reGplent Agreement or under any provision of law, nor shall any action taken or (allure to take action In the exercise of any dghl or remedy be deemed a waiver of any other dghts or remedies at any lime. Venue For purposes of litigation pursuant to this ARRA-recipient Agreement, venue shall lie only in Travis County, Texas. Disputes The parties shall use the dispute resolution process provided for In Chapter 2280, Texas Government Code, to resolve any disputes under this ARRA-recipient Agreement. Page 8 of 22 Solid Waste Disposal Act Pdor to the expenditure of Federal funds to store, process, or dispose of hazardous materials ARRA- reGplent shall comply vrith the Solid Waste Disposal Act, Texas Health & Safety Code, Chapter 361, and Title 30, Texas Administrative Code Chapter 335'Indusldal Solid Wasfe and Municipal Hazardous Waste administered by the Texas commission on Environmental ~ualily. Sanitary or hazardous waste Is degned In 40 CFR Part 260 and 30 TAC Chapter 335 to include, but not be limited to, old light bulbs, lead ballasts, piping, roofing material, discarded equipment, debds, and asbestos. ARRA-reGplent shall obtain any required permit and retain all compliance documentation related to the project. Assignment ARRA-recipient shall no[ transfer or assign any rights or duties under or any interest in this Agreement. ARRA-recipient shall not delegate its responsibilities or duties under the terms of this Agreement. Page 9 of 22 EXHIBIT A APPLICABLE LAWS AND REGULATIONS The ARRA-recipient shall comply with the Amedcen Recovery and Reinvestment Act and regulations specified In 10 C.F.R. Part 800, Financial Assistance Rules; OMB Circular A-87, A-102, A-133; and Ex. Order 12372 (intergovernmental review of federal programs). ARtZ4-recipient shall also comply with all other federal, state, and local laws and regulations applicable to this ARRA-recipient Agreement's acl(vities and performances rendered by the ARRA-recipient including but not limited to the laws and the regulations promulgated hereunder and specified In the Texas Uniform Grants Management Standards (UGMS) and Paragraph A through P of this Exhlblt. A. CIVIL RIGHTS -Title VI of the Civil Rights Act of 1964, as amended. (42 U.S.C. § 2000d et seq.); htto://uscode.house.oov/uscode•coi/fastweb.exe?oeldoc+uscview+t41(42+2957+3++%28clvil%20ri B. HANDICAP AND ARCHITECTURAL BARRIERS -Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794) htto:!/uscode Frouse gov/uscode-collfastweb.exe?aetdoc+uscview+t29132+363+0++°/ 28Handicao°/ 29 ; The ARRA-recipient shall ensure that the plans and speGfications for construction of, improvements to, or the renovatton of buildings, related to this project have been received by the Texas Department of Licensing and Regulation (TDLR) concerning the elimination of architectural barriers encountered by persons with disabilities as speGBed in Chapter 469, Texas Government Code. hllo:/Avww.statutes.legls.state.lx.us/Docs/GV/odf/GV.469.odf B. ENVIRONMENTAL LAW AND AUTHORITIES -The ARRA-recipient shall assume the environmental responsibilities for projects and In doing so shall comply with the provisions of the National Environmental Policy Acl of 1969, as amended and the CounGl on Environmental Quality regulations contained In 40 C.F.R. parts 1500 through 1508. h0o://www.access.gno.gov/nara/cfr/waisldx 07/40cfr1501 07 hlml ; (44 C.F.R. 10.1) D. LABOR STANDARDS -The Davis-Bacon Act, as amended (40 U.S.C. § 3142) htto:l/uscode.house.oov/uscode-cgl/fastwebexe?aeldoc+uscview+[37140+1723+1++%28%29°/20°/20A ; The Contract Work Hours $ Safety Standards Act (40 U.S.C. § 3702) ham://uscode.house.oov/uscode-coP/fastweb.exel eq ldoc+uscview+t37t40+1765+1++%28%29%20%20A The Copeland "Anil-Kickback" Act (18 U.S.C. § 874) F. UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES ACT OF 1970 - If U1e ARRA-reclpient is a governmental entity, it must comply with the requirements of the Un'rfonn Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 el seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and (Federal Assurance) - (42 U.S.C. 4601); G. FAITH-BASED ACTIVITIES -Executive Order 73279 of December 12, 2002 -Equal Protection of the Laws for Faith-Based and Community Organlzattons, (67 Fed. Reg. 77141) httol/edocket.aocess.c oo.cov/2002/odf/02-31831. odf H. AUDITS/MONITORING -The ARRA-reclpient shall arrange for the performance of an annual financial and compliance audit of ARRA-recipient Agreement funds received and performances rendered under this ARRA-reGpfent Agreement. ARRA-reGpients will also be monitored for compliance with this ARRA-recipient Agreement's terms. Page 10 of 22 E. FREEDOMOFINFORMATIONACT-(5 U.S.C. 552); htto:/luscode. house.oov/uscode-cal/fastweb.exe?aeldoc+uscview+t05108+26+0++%281nformatio n% I. GRANT ADMINISTRATION -The ARRA-recipient will also comply with Texas Government Code, Chapter 783, and the Uniform Grant Management Standards (UGMS), State Uniform Adminlslra8ve Requirements for Grants and Coopera0ve Agreements, J. PROPERTY ADMINISTRATION - ~ TAC Tllle 1, Pad 5, Chapter 116, http://info.sos.state.lx.uslols/publreadtac5ext ViewTAC71ac view=3811=18ot=5 J. PUBLICATIONS- ARRA-recipient acknowledges that the United Slates Department of Energy reserves aroyally-free, non- exclusNe, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: (1) the copyright in any work developed under an award orsub-award; and (2) any dghts of copyright to which a ARRA-reGplenl or Subreclpient purchases ownership with Federal support The ARRA-recipient agrees to consult with the U.S. Depadment of Energy regarding the allocatbn of any patent dghis that adse from, or are purchased vrith, this funding. ARRA-recipient agrees that all publications created with funding under this gran) shall prominently contain the following statement: °This Document was prepared under a grant from the United Stales Department of Energy through the CPA using, at leas) In part, ARRA funds. Point of view or opinions expressed in the document are those of the authors and do not necessadly represent the official poslfion or poticles of U.S. Department of Energy or the CPA " L. DRUG-FREE WORKPLACE --10 C.F.R. Part 607 ARRA-recipients shall comply with the Drug-Free workplace Act of 1988 as applicable, located at http:/llaw fustia com/usJcfr/titlel0l10-4 0 1 3 15 html M. BUYAMERICAN ACT-41. U.S.C. 10a-10d ARRA-recipient shall comply with the Buy American Act as applicable located at: http://wwov.acculsitlon gov/FAR/currenUhimUsubparl°/2025 6html N. WHISTLEBLOWER PROTECTION ACT OF 1989 - 5 U.S.C. SecBon 2302 ARRA-recipients shall comply with the Whistleblower Protection Act of 1989 located at: O. STATE CONSTRUCTION GUIDELINES - If the planned expenditure of ARRA funds Involves modernization, renovation, or repair of existing facilities, final approval must be received from the appropdate agency as specified below and all documentation concerning the approval must be forwarded with the Initial apptlcafion for ARRA funds. All applications must be submitted In accordance with Title 19, Part 1, Chapter 17 of the Texas Administrative Code, http//info sos stale ix us/nls/oub/readfac^5ext ViewTAC?tac view-38tt-198ot-1 regardless of project cost or scope. For other state agencies, the approval auttiorily is the Texas Fadlitles Commission, except as specified in Texas Govemment Cade, 2165.007. 2166.003 and 2166.004, http:/hvvnv.statutes.legis slale.tx us/?link=GV Page 11 of 22 EXHIBIT B ASSURANCES AND CERTIFICATIONS I, Don Tavlor as the authorized official of The CiN of Scheriz. Texas, hereinafter referred to as the °ARRA- reGplent; certify the following with respect to the expenditure of ARRA-recipient Agreement funds. A. The program shall be conducted and administered in conformity: (a)TiUe VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the hosts of race, color, or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1688) 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 prohibl(s discrimination on the basis of handicaps (d) The Age Dlscriminatbn Act of 1975, as amended (42 U.S.C. 8101-6707), which prohibits discrimination on the basis of age; (e) The Drug Abuse OfFlce 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 Alwhoilsm Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relaling to nondiscriminalion on the basis of atwhol abuse or alcoholism; (g) sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 rid-3 and 290 ee-3), as amended, relaling to wnFldentlality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Acf of 1968 (42 U.S.C. 3601 et seq.), as amended, relaling to nondiscrminaton In the sale, rental or Flnancing of housing; and Q) the requirements of any other nondlscriminalion statute(s) which may apply to the application. A. ARRA•recipienl will comply, or has already compiled, with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Properly 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 program purposes regardless of federal participation in purchases. C. As required by Executive Order 12549, Debartnenl and Suspension, and implemented at 28 C.F.R. Part 67, for prospective partiGpants In primary covered transactions, as de9ned at 26 C.F.R. Part 67, Section 67.510. (Federal CertiFlcetion) The ARRA-recipient certifies that it and Its principals, contractors and vendors; 1. Are not presently debarred, suspended, proposed for debarment, deGared ineligible, sentenced to a denial of Federal beneftls by a State or Federal wort, or voluntarily excluded from covered Transactions by any Federal department or agency; ARRA-recipients can access debarment Information by going to www.eols.oov and the State Debarred Vendor List http://www.window.state.Ix.us/orocuremenHOroa/vendor aerformance/debarred/ 2. Have not within aThree-year period preceding Ihls application been wnvicted of or had a civil (udgment rendered against them for wmmission of fraud or a criminal offense In wnneGion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a pubilc tronsaclion; violation of Federal or Slate antitrust statutes or wmmisslon of embezzlement, theft, forgery, bribery, falsification or destmcllon of rewrds, making false stalemenls, or receiving stolen properly; 3. Are not presently Indicted for or otherwise criminally or civilly charged by a governmental en1lty (Federal, State, or local) with wmmisslon of any of the offenses enumerated in this certification; and 4. Have not within a Three-year period preceding this application had one or more public transactions (Federal, Slate, or local) terminated Tor cause or default; and 5. Where the applicant Is unable to certify to any of the stalemenls in this certification, he or she shall attach an explanation to this application. (Fede21 CertlFlcetlon). C. Drug-Free Workplace (ARRA-recplents other than Individuals) -This certification Is required by the regulations Implementing the Drug-Free Workplace Act of 1988, 10 CFR Part 807. The regulations require certifcation by ARR4-recipients, prior to award, that they will maintain adrug-free workplace. The certiFlcetion set out below is a material representation of fact upon which reliance will be placed when CPA determines to award the ARRA-recipient Agreement. False certiFlcetlon or violation of the certiftcallon may be grounds for suspension of payments, suspension or termination of grants, or government-wide suspension or debarment . As the duly authorized representative of the ARRA-recipient, I certify, to the best of my knowledge and belief that the ARRA-recipient will provide adrug-free workplace by: Page 72 of 22 1. Publishing a statement notifying employees That Iha unlawful manufacture, disldbulion, dispensing, possession or use of a controlled substance is prohibited in [he ARRA-recipient's workplace and specifying the consequences and actions That will betaken against employees for violation of such prohibition; 2. Establish an ongoing drug-free awareness program to Inform employees about (a) fhe dangers of drug abuse In the workplace, (b) the ARRA-recipient's policy of maintaining adrug-free workplace. (c) any available drug counseling, rehabllitallon,snd employee assistance programs, and (d) the penalties that may be imposed upon employees for drug abuse violations occurrtng in the workplace. 3. Making it a requirement that each employee to be engaged In the performance of fhe grant be given a copy of the statement required by paragraph (1); 4. Notifying the employee In the statement required by paragraph (i) that, as a cendlllon of employment under the grant, the employee will: (a) abide by the terms of the statement, and (b) notify the employer of any crtminal drug statute conviction for a violation occurrtng In the workplace no later than five days after such conviction. 5. Notifying CPA within ten (10) days after receiving notice under subparagraph (4) (b) from an employee or otherwise receiving actual notice of such cenvlctlon; 6. Taking one of the following actions, within thirty (30) days of receiving notice under subparagraph (4) (b), with respect to any employee who Is so convicted; (a) taking appropriate personnel aGlon against such an employee, up to and Including termination, or (b) requidng such employee to participate satisfaclodly in a drug abuse assistance or rehabllltatlon program approved for such purposes by a Federal, Stale, or local health, law enforcement, or other appropriate agency; D. It will comply with the provisions of the Hatch Act, as amended (5 U.S.C. § 1501 et seq.) which Ilmit the political activity of employees whose prtnclpal employment activities are funded in wtrole or in part with Federal Funds. E. Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C 276a and 278a-7), the 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 censlruction subagreements. F. Will comply, If applicable, with flood Insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires the recipients in a special Flood hazard area to participate In the program and to purchase flood Insurance If the total cost of insurable constrocllon and acquisition Is $10,000 or more. G. WIII comply with environmental standards which may be prescdbed 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) not~callon of violating facilllles pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in Floodplains in axordance with EO 11988; (e) assurance of program consistency with the approved state management program developed under the Coastal Zone Management Acl of 1972 (16 U.S.C 1451 et seq.); (f) conformity of federal actions to State (Clean Alr) Implementation Plans under Secllon 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 el seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 9&523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). H. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. I. WIII assist the awarding agency In assudng compliance with Secllon 106 of the National Histodc Preservation Act of 1966, as amended (76 U.S,C. 470), EO 11593 (ident~cation, and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16U.S.C. 469a•I et seq.). J. Will comply with P.L. 93-346 and 45 C.F.R., Part 46 regarding the protection of human sub)ects involved in research, development, and related activities supported by this award of assistance. Page 13 of 22 K. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and Vestment of warm blooded animals held for research, teaching, or other actNltles supported by this award of assistance. L. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) which prohibits the use of lead based paint in construction or rehabilitation of residence structures. M. Will cause to be performed the required financial and compliance audits In accordance with the Single Audit Act of 1984, as amended, and OMB Circular A-133, Audits of States, Local Governments, and Non- ProBt Organizations. WIII comply with all applicable requirements of all other Federal laws, executive orders, regulations, application guidelines, and policies governing this program. N. The ARRA-recipient certi0es federal funds will be used to supplement existing funds, and will not roplace (supplant) funds that have been appropriated for the same purpose. ARRA-recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons otherihan the receipt or expected receipt of federal funds. r ~I~D 319 Date Don Tavlor. City Manager Printed Name, Title, The Cilv of Schertz. Texas City/County Page 14 of 22 EXHIBIT C CERTIFICATION REGARDING LOBBYING FOR ARRA-RECIPIENT AGREEMENTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned, Don Tavlor, as the authorized official of The Cilv of Schertz Texas certifies the following to the best of his/her knowledge and belief. A. No federal appropdated funds have been paid or shall be paid by or on behalf of the undersigned to any person for influencing or attempting to Influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connedlon with the awarding of any federal ARRA-recipient Agreement, the making oT any federal grant, the making of any federal loan, the entertng into of any cooperative agreement and the extension, wnlinuatlon, renewal, amendment or modification of any federal ARRA-recipient Agreement, grant, loan or cooperative agreement. A. If any funds other than federal appropdated funds have been paid or shall 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 connecllon with this federal ARRA-reclplent Agreement grant, loan or cooperative agreement, the undersigned shall complete and submit standard form Disclosure Form to Report Lobbying form In accordance with its instruGions. C. The undersigned shall require that the language of this certificeflon be included In the award documents for all subawards including sub-contracts, sub-grants and Program ARRA-reclplent Agreements under grants, loans, and cooperative agreements and that all ARRA-recipients shall certify and disclose accordingly. ' This certification is a material representation of fact upon which reliance was placed when this Iransaclton was made or entered Into. Submission of this certification Is a prerequisite for making or entedng Into this transacgon imposed by 31 U.S.C § 1352. Any person who fails to file the required cergficalion shall be Jec o a clvJLpenalty of not less than $10,000 and not more than $100,000 for each such failure. Signature _ Date Don Tavlor. CiN Manaoer Printed Name, Title, The Cllv of Scheriz. Texas City/County Page 15 of 22 Exhibit D 2070 ARRA Terms and Conditions Department of Energy The following Department of Energy (DOE) Special Terms and Conditions, Award Number DE- EE0000893/000, and other applicable DOE terms and conditions are hereby Incorporated into this Agreement. A. Site Visits. DOE's authorized representatives have the dght to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance, if required. Subreciplents must provide, and must require Subcontractors to provide, reasonable access to fadlities, office space, resources, and assistance for the safety and convenience of the govemment representatives in the performance of their duties. All site visits and evaluations must be performed in a manner that does not unduly Interfere with or decay the work. 8. Decontamination andlor Decommissioning (D&D) Costs. Notwithstanding any other provisions of this Agreement, the DOE or the Redplent shall not be responsible for or have any obligation to the Subreclpient for (I) D&D of any of the Subrecipient's facilities, or (II) any costs which maybe Incured by the Subrecipienl In connection with the D&D of any of Its facilities due to the performance of the work under This Agreement, whether said work was performed prior to or subsequent to the effective date of the Agreement. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDERARRA (May 2009) A. Flow Down Reaulrement. Subredplent understands that Comptroller/Recipient Is subject to the following provisions. Subredplent shall cooperate with Comptroller/Recipient relevant to such compliance. Subreciplent must Include these special terms and conditions In any sufxronlracts. B. $errreaation of Costs. Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate, track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Acl shall be commingled with any other funds or used for a purpose other than That of making payments for costs allowable for Recovery Act protects. C. Prohibition on Uso of Funds. None of the funds provided under this agreement derived from ARRA, may be used by any Stale or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. D. Access to Records. With respect to each flnancfal assistance agreement awarded utilizing at least some of the funds appropdated or otherwise made available by the Amedcan Recovery and Reinvestment Act of 2009, Pub. L. 111-5, any representative of an appropriate Inspector general appointed under section 3 or 8G of the Inspector General Act of 1988 (5 U.S.C. App.) or of the Comptroller General Is authorized -- (1) to examine any records of the Subreciplent or Subreclpient Subcontractor any of its subcenlmctors or any State or local agency adminlsledng such contract that pertain to, and Involve transactions that relate to, the grant or subcontract; and (2) to Interview any oKcer or employee of the Subreciplent or Subreciplent Subcontractor agency regarding such transactons. E. Publication. An application may contain technical data and other data, including trade seaets and/or privileged or confidential information, which the Subreciplent or Subreciplent SubwnUactor does not want disclosed to the public or used by the Govemment for any purpose other than the appllraiion. To protect such data, the Subreclpient or Subredplent Subcontractor should specifically identify each page Induding each Ilne or paragraph thereof containing the data to be protected and marir the cover sheet of the appllcetlon with the following Notice as well as referring to the Notice on each page to which the Notice applies: Nonce of Restriction on Disclosure and Use of Dala The data contained In pages -- of this appilcallon have been submlUed In confidence and contain trade secrets or propdetary Informatlon, and such data shall be used ar disclosed only for evalua0on purposes, provided that if this Subrecipienl or Subreclpient Subcontractor receives an award as a result of or in connection with the submission of this application, DOE shall have the right to use or disclose the data here to the extent provided in the award. This restdc0on does not limit the Government's dghl to use or disclose data obtained without restdctlon from any source, Including the Subreclpient or Subredplent Subcontractor. Information about this agreement will be published on the Internet and linked to the webslte www.recevery.gov, maintained by the Accountability and Trensparency Board. The Board may exclude Page 16 of 22 posting contractual or other Information on the website on a case-by-case basis when necessary to protect national security or to protect Information that Is not subject to dlscosure under sections 552 and 552a of title 5, United States Code. F. Protecting Stale and Local Government and Contractor Whistleblowers. The requirements of Section 1553 of fhe Act are summarized below. They include, but are not limited to: Prohibition on Repdsals: An employee of any non-Federal employer receiving covered funds under the ARRA, may not be discharged, demoted, or otherwise discriminated against as a repdsal for disclosing, inGuding a disclosure made in the ordinary course of an employee's duties, to the Accountability and Transparency Board, an inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement agency, a person with supervisory authodty over the employee (or other person woddng for the employer who has the authority to Investigate, discover or terminate misconduct), a court or grand jury, the head of a Federal agency, or their representatives Information that the employee believes is evidence of: -gross management of an agency contract or gran) relating to covered funds; - a gross waste of covered funds; - a substantial and specific danger to public health or safety related to the implementation or use of covered funds; - an abuse of authority related to the Implementation or use of covered funds; or - as violation of law, rule, or regulation related to an agency contract (including the competition for or negotiation of a contract) or grant, awarded or Issued relating to covered funds. Agency Action: Nol later than 30 days after receiving an Inspector general report of an alleged reprisal, the head of the agency shall determine whether there Is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall ether Issue an order denying relief to whole or in part or shall lake one or more of the following actions: -Order the employer to lake affirmative action to abate the reprisal. - Order the employer to reinstate the person to the poslUon that the person held before the reprisal, together with compensation including back pay, compensatory damages, employment benefits, and other terms and conditions of employment that would apply to the person in that poslUon if the reprisal had not been taken. - Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses (Including attorneys' fees and expert witnesses' fees) that were reasonably Incurred by the employee for or In cenneGion with, bringing the complaint regarding the reprisal, as determined by the head o(a court of competent jurisdiction. Non-enforceability of Certain Provisions Walving Rights and Remedies or Requldng Arbitration: Except as provided In a collective bargaining agreement, the rights and remedies provided to aggrieved employees by this seclbn may not be waived by any agreement, policy, form, or condition of employment, including any predispute arbitration agreement. No predlspute arbitration agreement shall he valid or enforceable if it requires arbltraton of a dispute arising out of this section. Requirement to Post Nollce of Rights and Remedies: Any employer receiving covered funds under ARRA, shall post notice of the rights and remedies as required therein. (Refer to section 1553 of ARRA, wvnv.Recovery.gov, for specific requirements of this section and prescdbed language for fhe notices.). G. Reserved H. False Claims Act. Recipient and Subreciplenls shall promptly refer to the DOE or other appropdale InspeGOr General any credible evidence that a pdnclpal, employee, agent, contractor, Subreclpient Subcontractor, subcentraclor or other person has submitted a false claim under the False Claims Acl or has committed a criminal or civil violation of laws pertaining to fraud, conflict of Interest, bribery, gratuity or similar misconduct Involving those funds. I. Information In Sugoort of ARRA Regorting. Subreclpient may be required io submit backup documentation for expenditures of funds under the ARRA Including such items as timecards and Involves. Subreclpient shall provide copies of backup documentaton at the request of fhe Contracting Officer or designee. J. Availability of Funds. Funds obligated to this award are available for reimbursement of costs as provided In Exhibit G, K. Certl0cadons. With respect to funds made available to State or local governments for infrastructure investments under ARRA, the Governor, mayor, or other chief executive, as appropriate, certified by acceptance of this award Ihal the infrastructure investment has received the full review and veUing required by law and that the chief executive accepts responsibility that fhe infrastructure Investment Is an appropriate Page 17 of 22 use of taxpayer dollars. Recipient shall provide an additional certUlcation that includes a description of the Investment, the estimated total cost, and the amount of covered funds to be used for posting on the Inlemet. A Slate or total agency may not receive Infraslmcture Investment funding from funds made available by the Act unless this certifirafion is made and posted. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF ARRA Recipients and their first-tier Subrecipienfs must maintain current registrations in the Central Contractor Regislralion (h(tp://www.ccrgov) at all times during which they have active federal awards funded with ARRA funds. A Dun and Bradstreet Dala Universal Numbedng System (DUNS) Number (hdpY/www.dnb.com) Isone ofthe requirements for registration in the Central Contractor Regislralion. DOE ASSURANCE OF COMPLIANCE, NON DISCRIMINATION IN STATE ASSISTED PROGRAMS Subreciplent agrees to comply with Titie VI of the Civil Rights Acl 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. 93-038), TUIe IX of the Eduration Amendments of 1972, as amended (Pub. L. 92-318, Pub. L. 93-588, and Pub. L. 94482), Section 504 of the Rehabllitallon Acl of 1973 (Pub. L. 93-112), the Age Discrimination Act of 1977 (Pub. L. 94135), TUIe VIII of the Civil Rights Acl 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. 94385) and Tilie 10 Code of Federal Regulations, Part 1040. In accordance with the above laws and regulations issued pursuant thereto, the Subreciplent 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 partidpatfon in, be dented the benefits of, or be olhenvise sub)eded to discrlminalion under any program or activity In which the Subreciplent receives Federal assistance from the Department of Energy. Applicability and Period of Obligation. In the case of any service, financial old, covered employment, equipment, property, or structure provided, leased, or Improved vdih Federal assistance funding extended to Subreciplent by the Department of Energy, this assurence obligates Subreciplent for the period dudng which the Federal assistance is exended. In the case of any transfer of such service, financial aid, equipment, property, or structure, this assurance obligates the transferee for the pedod during which Federal asslslance is extended. If any personal property Is so provided, this assurance obligates Subreciplent for the pedod during which It retains ownership or possession of the property. In all other cases, this assurance obligates Subreciplent for the period during which the Federal assistance Is exended to Subreclpient by the Department of Energy. Employment Practices. Where a primary objective of the Federal asslslance is to provide employment or where SubreGpient's employment practices affect the delivery of services In progmms or aGivities resulting from Federal asslslance extended by the Department of Energy, Subreciplent agrees not to discriminate on the ground of race, rotor, national odgln, sex, and disability, in its employment practices. Such employment practices may Incude, but are not limited to, reaullment, advertising, hldng, layoff or termination, promotion, demotion, transfer, rates of pay, Valning and participation in upward mobility programs, or other forms of compensation and use of facllilles. Subreclpient Assurance. Subreciplent shall require any individual, organization, or other entity with whom it subcenlracls, subgrants, or subleases for the purpose of providing any service, financial old, equipment, property, or structure to comply vdfh laws cited above. To this end, Subreclpient shall be required to sign a written assurance form; however, the obligation of both recipient and Subreciplent to ensure compliance is not relieved by the collection or submission of written assurance forms. Data Collection and Access to Records. Subrecpienl agrees to compile and maintain Information pertaining to programs or aclNities developed as a result of Subreciplenl's receipt of Federal asslslance 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 era or will be dented such services on the basis of prohibited discriminallon; (2) the population eligible to be serviced by race, color, national odgln, sex, and disability; (3) data regarding covered employment, including use or planned use of bilingual public contact employees serving beneficaries of the program where necessary to permit effective participation by beneficiaries unable to speak or understand English; (4) the location of existing or proposed facllitles 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 fha basis of prohibited dlscdminaUon; (5) the present or proposed membership by race, color, national origin, sax, 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 Depadment of Energy to be relevant to the obligation to assure compliance by Subredplenis with laws cited in the first paragraph of this assurance. Page 78 of 22 Subrecipient agrees to submit requested data to the Department of Energy regarding programs and activities developed by the Subreclplent from the use of Federal funds extended by the Department of Energy. Facilities of Subrecipient (Induding the physical plants, buildings, or other structures) and all records, books, accounts, and other sources of information pertinent to SubreGpient's compliance with the civil dghls laws shall be made available for inspection during normal business hours of request of an oncer or employee of the Department of Energy specifically authorized to make such Inspections. Instructions in this regard will be provided by the Director, Office oT 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 Subreclplents by the Deparimenl of Energy, including Installment payments on account after such date of application for Federal assistance which are approved before such date. Subreclplent 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 Slate shall have the right to seek Judidal enforcement of this assurance. This assurance is binding on Subrecipient, ifs 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 Subrecipient. Subreclplent Certification. Subreclplent certifies that tt has compiled, or that, vrithln 80 days of the dale of the grant, it will comply with all applicable requirements of 10 C.F.R. § 1040.5 (a copy will be furnished to Subreclplent upon written request to DOE.) Page t9 of 22 Exhibit E ARRA Subreciplent Affidavit This Aff/dav_!t must be signed and sworn /notarized I, Don Tavlor. an authodzed representative oi: The City of Schertr. Texas. a (govemmenfal entity] that Is receiving ARRA funding, hereby swear and afOrm that, to the best of my krwwtedge, Internal conbots, processes and procedures have been designed and Implemented to help ensure chat the Subrecipienl and Its use of these funds compiles with the following: applicable state law; federal law, including federal reporting requirements under Section 1512 of the Act, If applicable; rules; regulations; and other relevant guidance. 1 further swear and atrrm that all of the statements made and Infortnatlon provided hereto, Including statements made and Information provided In any exhibits are true, complete, and correct, to the best of my knowledge. understand that I am receiving ARRA funding from CPA, a Texas slate agency. I understand that non-compliance with reporting requirements could be treated as a violation of the award agreement resulting In the withholding oT funds, debarment, or award termination or suspension, as appropdate. _ understand that It Is a federal crtme under 18 U.S.C. Section 1001 to, In any matter within the jurisdiction of the executive branch of the U.S. Government, knowingly and willfully make any materially false, Rctitbus, or fraudulent statement or representation, or to make or use any false writing or document knowing that it contains the same. I understand that presenting a false or fraudulent claim, in whole or in part, or causing same, may subject me to civil penalties as provided for in 31 U.S.C. Section 3729. I understand that it is a felony offense under Section 37.10, Texas Penal Code, to knowingly make a false entry in, or false alteration of, a govemmenfal record, or to make, present, or use a govemmenfal record with knowledge of Its falsity, when the actor has the Intent to harm or defraud another. I understand that the offense of perjury, under Section 37.02, Texas Penal Code, Is committed when a person, with Intent to deceive and vrilh knowledge of the statement's meaning, makes a false statement under oath or swears to the truth of a false statement previously made and the statement Is required or authorized by law to be made under oath. I understand my obligation to track all ARRA funds and that ARRA funds cannot be cemingled with Non- ARRA funds. I also understand my obligation to Immediately report any knovm or suspected waste, fraud, and abuse of funds received under the Act to the United States Government Accountability Office at (800) 424-5454 and the Texas Stale Auditors Office at (800) 892-8348. I further understand that I will require all subcontractors with whom I contract using funds made available under the Act to sign a similar affidavit swearing to all of the above. I hereby swear and aRirm that I have read the entire affidavit, and I understand its contents. The Ct of Schertz Texas ubre~ f lent Name Afflant Signat re G Don Ta or Full Name City Manacer Tdle ~ /~~~ Date (/ S m anted $u~b8s~cpaeti be(gre me by the said (Pr me}d~Name of R~ecripieanl'Ys Authorized Representative) thls~"'3ayof~„In,.A .20~ Notary Public, State of Texas n~ ~~+~1 Notarys printed namerPt .~0.~ My cemmisslon expires: ~' 3 ~~ (Seal) Page 20 of 22 BRENDA L. STAAB - M1' COMMISSICt! FJQ'IRES NOVEMBER 3, 2070 Exhibit F ARRA Subrecipient's Contractor's Affidavit This AHldavif must be stoned and sworn lnofarizedl. .A i I 'f?,;Il Savan,+~ ,anauthod representaliveof: Nle-KInIS71t~ Fsti~°a a [person, sole propdetorshlp, partnership, ~Iimited liability company, nonprofit organization, governmental entity, polUlcal subdivision, or other entity] (circle one) that is receiving ARRA funding, hereby swear and affirm that, to the best of my knowledge, Internal controls, processes and procedures have been designed and implemented fo help ensure that the Subreclplent Subcontractor and its use of these funds complies with the following: applicable slate law; federal law, Including federal reporting roqulremenis under Section 1512 of the Act, If applicable; rules; regulations; and other relevant guidance. I further swear and affirm that all of the statements made and Information provided herein, including statements made and information provided in any exhibits are true, complete, and correct, to the best of my knowledge. I understand that I am receiving ARRA funding from a govemmenfal entity [city or county] through CPA, a Texas stale agency. I understand that non-compliance with reporting requirements could be heated as a violation of the award agreement resulUrrg in the withholding of funds, debarment, or award termination or suspension, as appropriate. I understand that It Is a federal cdme under 18 U.S.C. Section 1001 to, in any matter within the Jurisdiction of the executive branch of the U.S. Government, knowingly and willfully make any materially false, Uctitious, or fraudulent statement or representation, or to make or use any false writing or document knowing that It contains the same. I understand that presenting a false or fraudulent claim, in whole or In part, or causing same, may subJect me to Gvll penalties as provided for in 31 U.S.C. Section 3729. I understand that It is a felony offense under Section 37.10, Texas Penal Code, to knowingly make a false entry In, or false alteration of, a govemmenfal record, or to make, present, or use a governmental record with knowledge of its falsity, when the actor has the intent to harm or defraud another. I understand chat the offense of perjury, under SecBOn 37.02, Texas Penal Code, is committed when a person, with intent to deceive and with knowledge of the statements meaning, makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath. I understand my obligation to back all ARRA funds and that ARRA funds cannot be cemingled with Non- ARRA funds. I also understand my obligation to immediately report any known or suspected waste, fraud, and abuse of funds received under the Act to the United States Government Accountability Office at (800) 424-5454 and the Texas State Auditors Offce al (800) 892-8348. I Fudher understand that I will require all subcontrectors with whom I contract using funds made available under the Act to sign a similar affidavit swearing to all of the above. I hereby swear and affirm that I have read the entire afUdavit, and I understand Its contents. ~ M~K,~sT~y cs~„~f Subrecl ten bcentractorName ~O^-_~ A ant Signature Full Name `~ ~usn,.tYS DEV. A'bk. Title Dale Sworn and subscdbe before me by the sald_ b~,'//, ten, (8i//~ 5lti Y61 Ki do /-!L (Pdnted Name of Rec~pienYs Aulhodzed Representative) lhis~day of lei ~~ 20~. ~ Notary Public, Slab of Texas ro Notayspdntedname:~J7I~24//~aR2t Mycemmissionexpires: ~-da-moo/(Seal) o ~' a Page 21 of 22 ATTACHMENT G Statement of Work and Budget City of Schertz -Energy Efficiency and Conservation Block Grant Program Type of Project & Description: Activity Category: (1) Building Energy Audits R Retrofits The city of Schertz will hire a contractor to perform energy audits and then will use the remaining money to fund projects proposed by the audlts upon approval from SECO Stimulus. Agreement. Tasks to bo performed in completing the project: The ARRA-recipient shall complete all of the.Tasks as set forth below and the ARRA-reGpient shall provide information regarding such task. (Task thatlncludes purchasing equipment must include: how many, size, model, rating, etc. Please incude the date you anticfnale each task will be completed. The rows will expand as you lone, add lines as necessary) - Task - .Timeline t _ Perform energy audlts on city owned buildings. May 2010- Janua 2011 City will use any remaining funds to implement projects proposed by the audlts May 2010 - rformed - u on a royal from SECO Stimulus. Janua 2011 Please note buildings over 44 years of age will require review and re/ease by the Texas Hlsforlcal Commission prior to engaging in an activity. Page 22 of 22