HomeMy WebLinkAboutContract 28983 RY
08-14-03 P03 : 10 IN
V CITY CONTRACT NO -
ME-
STATE OF TEXAS * STATE ENERGY CONSERVATION OFFICE
*
LOAN AGRE M,[E
COUNTY OF TRAVIS Loan No. 03 /
H:Aloanstar\loan documents\city of fort worth loan 6-03
Revised 12/03/2002
1. Parties. This Loan Agreement (hereinafter, "Agreement") is made and entered into by the
following parties:
Lender: Comptroller of Public Accounts
State Energy Conservation Office
LBJ State Office Building
111 East 17`h Street, Room 1114
Austin, Texas 78774
Borrower: City of Fort Worth
319 West 10th Street
Fort Worth, Texas 76102
2. Loan of Funds. Subject to the terms, covenants and conditions contained in this Agreement, Lender
shall loan to Borrower a maximum of Two Million Five Hundred Ninety-Six
Thousand Four Hundred Sixty-Nine Dollars and No Cents ($2,596,469.00)
(hereinafter, "Loan"). Borrower shall expend all funds received from Lender pursuant
to this Agreement only for the purpose of completion of the project (hereinafter,
"Project") described in the Loan Approval Statement (Attachment A) and Engineering
Report, and Borrower's Loan Application. Attachment A is attached to and
incorporated as part of this Agreement for all purposes. The Project shall be
completed on or before June 30, 2004 ("Project Completion Date"). Lender reserves
the right, in its sole discretion, to approve an extension requested by Borrower to
extend the Project Completion Date for the Project; the Project Completion Date may
be extended only on Lender's prior written approval as provided in Section 4 of this
Agreement.
3. Authority. The Loan is authorized pursuant to: (1) the LoanSTAR Revolving Loan Program of
the Texas State Energy Plan (SEP) in accordance with the Energy Policy and
Conservation Act (42 U.S.C. 6321, et seq.) as amended by the Energy Conservation
and Production Act (42 U.S.C. 6326, et seq.); (2) the Oil Overcharge Restitutionary
Act, Chapter 2305, Texas Government Code; and (3) Title 1, Texas Administrative
Code, Chapter 5.401, Loan Program for Energy Retrofits.
4. Payments. Borrower promises to pay Lender, at Lender's principal place of business in Austin,
Texas, or at such other place as Lender may designate, the principal sum of Two
Million Five Hundred Ninety-Six Thousand Four Hundred Sixty-Nine Dollars and No
Cents ($2,596,469.00) or such lesser amount as shall equal the aggregate amount
disbursed to Borrower by Lender under the terms of this Agreement together with
interest on the unpaid principal computed from the date of each disbursement to
Borrower until the date repaid at the rate of three percent (3.00%) interest per annum;
however, Borrower's interest rates may be adjusted as per Section 4 of this
Agreement. Borrower shall repay the Loan in accordance with the terms specified in
the Loan Payment Schedule.
5. Disbursements. The Loan shall be disbursed in installments, no more frequently than monthly,
following presentation by Borrower to Lender of requests for disbursement to pay the
costs of goods purchased and services performed. Each request for disbursement shall
be made on a form or voucher approved by Lender and the State of Texas, supported
by bills, statements or invoices for the goods or services to be paid with the Loan
installment and such other documentation that in Lender's sole discretion allows for
full substantiation of the costs incurred by Borrower. Borrower's requests for
disbursement shall be made to and received by Lender not later than sixty days after
Borrower pays for or authorizes payment for the goods and services, and Lender shall
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have no obligation to make disbursements for the costs of goods and services if
Borrower fails to comply with this requirement. Notwithstanding any other provision
of this Agreement or any other document to the contrary, the total of all installments
disbursed by Lender to Borrower shall not exceed the amount of the Loan set forth in
Paragraph 2 of this Agreement.
6. Contingency. Lender's performance of its obligations under this Agreement is contingent upon and
subject to availability of and actual receipt by Lender of sufficient and adequate funds
from the sources contemplated by this Agreement. This Agreement is subject to
immediate termination or cancellation without penalty to Lender or the State of Texas,
subject to such availability and receipt of these funds. In addition, Lender is a state
agency whose authority and appropriations are subject to the actions of the Texas
Legislature. If Lender becomes subject to a legislative change, revocation of statutory
authority or lack of funds that would render Lender's performance under this
Agreement impossible or unnecessary, Lender may terminate or cancel this Agreement
without penalty to Lender or the State of Texas. In the event of a termination or
cancellation under this Section, Lender shall not be required to give notice and shall
not be liable for any damages, losses or any other amounts caused or associated with
such termination or cancellation.
7. Accounts; Audits. If requested by Lender, Borrower shall deposit disbursements of the Loan into an
account with an institution the deposits of which are insured by the federal
government. Borrower shall establish on its books of account an account specifically
for the Loan and maintain the same until the Loan is fully repaid. Such account shall
accurately and fully show all deposits attributable to disbursements of the Loan and all
expenditures of the Loan. Upon Lender's request, Borrower shall promptly acquire
and submit to an independent audit of such account and all funds received from
Lender. All costs related to Borrower's compliance with this Section shall be borne
solely by Borrower.
8. Inspections. Borrower shall provide Lender, its authorized employees, agents and representatives,
and authorized State of Texas and federal employees, agents and representatives, with
access to the Project site and Project records during the regular business hours of
Borrower. Borrower shall permit such persons to make physical inspections of the
Project and Project records at reasonable times before work on the Project
commences, during the construction, installation, and implementation of the Project,
and after work on the Project is completed. Borrower shall permit such persons to
make final physical inspections of the Project and Project records to verify the
Project's completion in accordance with this Agreement and other State of Texas
requirements. Lender may withhold from disbursement to Borrower ten percent
(10%) of the amount of the Loan pending Lender's final inspection. Lender shall
make every reasonable effort to conduct the final inspection within thirty (30) days of
the Project Completion Date; however, Lender reserves the right, in its sole discretion,
to extend the date for final inspection or to waive the final inspection.
9. Project Specifics. On Site Construction Monitoring. Borrower shall provide access to Lender, its
authorized employees, agents and representatives, and authorized State of Texas and
federal employees, agents and representatives, to the Project site and Project
documentation, at the fifty percent(50%) and one hundred percent completion (100%)
periods. Such authorized persons may monitor Project construction and review and
audit financial documents and Project records during the regular business hours of
Borrower. Lender reserves the right, in its sole discretion, to limit such construction
monitoring to one site visit to reduce costs on smaller Projects. Lender shall make
reasonable efforts to coordinate site visits with Borrower; however, Lender and other
authorized persons reserve the right to make unscheduled visits for any of the purposes
described in this Agreement. Borrower shall have the right to have a representative
present during any visit made by Lender.
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10. Access to Records. Borrower shall make available to and permit Lender, its authorized employees, agents
and representatives, and authorized State of Texas and federal employees, agents, and
representatives to inspect any and all books, reports, documents, files, workpapers,
work products, receipts, documentation, applications, data, accounts, or any other
information or items pertaining to the Loan Application, the Project, the Loan or this
Agreement, regardless of media ("Records"). Borrower shall in each of its contracts
with a supplier of goods and services for the Project provide the same rights of access
and inspection with respect to the Project and Records in the possession of the
supplier. In addition, Lender reserves the right, in its sole discretion, to make copies
of, reproduce, distribute, monitor and inspect all Records to comply with requirements
of the United States Department of Energy, the Texas Legislature, federal and state
courts, and to publicly demonstrate the energy savings achieved by the Project.
11. Reports. Borrower shall promptly prepare and submit such reports as may be requested by
Lender and information, in the form provided by Lender, regarding the status of the
Project prior to completion of the Project. Promptly upon completion of the Project,
Borrower shall prepare and submit to Lender such periodic reports and information, in
the form provided by Lender, on the energy use of the building or facility in which the
Project is located and the changes in energy consumption resulting from the Project
and the cost savings resulting from such changes.
12. Retention. Borrower shall maintain all Records supporting its Loan Application until the Loan is
fully repaid and for a period of four (4) years thereafter and shall maintain copies of
all Records under this Agreement for a period of four (4) years after the date of
submission; however, if at the conclusion of any audit of Borrower or audit of such
Records, Lender determines that specific Records are no longer required to be
maintained, Lender shall advise Borrower in writing and the obligation imposed on
Borrower by this Section shall be terminated with respect to such specific Records
only.
13. Borrower's Borrower represents and warrants that:
Covenants.
(a) Borrower has full power and authority to enter into this Agreement and this
Agreement has been duly and validly authorized, executed and delivered by
Borrower.
(b) This Agreement does not violate any limitation on the indebtedness of Borrower
imposed by any statute, ordinance, charter, bylaw, or other agreement or
instrument applicable to Borrower and this Agreement will not be rescinded at any
time by any action of Borrower other than for non-performance by Lender.
(c) Borrower has, or will have prior to commencing work on the Project, obtained all
necessary federal, state and local licenses, permits and approvals required to
construct, install, implement and operate the Project and shall comply with all
federal, state and local laws, codes, rules and regulations applicable to the Project.
(d) Borrower shall maintain the Project in good working order and shall ensure that
adequate personnel are fully instructed in the proper use and care of the Project.
(e) Borrower shall annually budget an amount sufficient to make all payments due
and payable under this Agreement.
14. Default. The occurrence of any of the following shall constitute a default by Borrower:
(a) The failure of Borrower to make a payment due and payable under this Agreement
within the time specified in this Agreement.
(b) The failure of Borrower to comply with any provision of this Agreement.
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(c) The expenditure of Loan funds by Borrower for purposes other than the
implementation of the Project as provided in this Agreement.
(d) Borrower's entry into any agreement whereby any person, corporation,business, or
similar entity, other than Borrower, benefits directly or indirectly from utility
savings resulting from the Loan or this Agreement, without the Lender's prior
written approval, until such time as the Loan is repaid in full as determined by
Lender.
(e) Without the prior written consent of Lender, the sale, transfer or other disposition
by Borrower of any equipment or material constituting part of the Project, all or
any part of the cost of which was paid with the Loan, or the sale, transfer or other
disposition of, or the termination of the lease with respect to, the building or
facility in which the Project is located, until such time as the Loan is repaid in full.
(f) Without the prior written consent of Lender, the expenditure of Loan funds by
Borrower to reimburse itself for funds expended by Borrower on the Project prior
to the effective date of the Loan and this Agreement.
(g) The expenditure of Loan funds for the purpose of supplanting funds appropriated
to the Borrower by the Texas Legislature.
In the event of Borrower's default, Lender shall notify Borrower of the default and
Borrower shall have a reasonable opportunity, not to exceed sixty (60) business days,
to cure Borrower's default. If Borrower fails to cure the default, Lender shall be
released from all of its obligations under this Agreement and shall have the right to
declare the Loan in default and all amounts loaned to Borrower under this Agreement
and earned interest shall become immediately due. Borrower waives all demands for
payment, presentations for payment,notices of intention to accelerate maturity,notices
of acceleration of maturity, protest, and notices of protest, to the extent permitted by
law. Upon receipt of notice of default from Lender, Borrower shall cancel or
otherwise terminate any contract, agreement or order relating to the Project and cease
to incur any cost or expense relating to the Project.
15. Amendments. Any amendment, modification or alteration of the terms of this Agreement shall be in
writing and executed by both parties; however, Lender may unilaterally amend this
Agreement as provided in Section 29. Oral agreements or understandings not
incorporated into this Agreement shall not be binding on the parties.
16. Severability. In the event that any provision of this Agreement is later determined to be invalid,
void, or unenforceable, then the remaining terms, provisions, covenants, and
conditions of this Agreement shall remain in force and effect, and shall in no way be
affected, impaired, or invalidated.
17. Notices. All notices required or permitted under this Agreement shall be in writing and
delivered by registered or certified United States mail or by a recognized commercial
courier or delivery service as follows:
If to Lender, to
Comptroller of Public Accounts
State Energy Conservation Office
LBJ State Office Building
111 East 17'11 Street, Room 1114
Austin, Texas 78774
If to Borrower, to
City of Fort Worth
319 West 10th Street
Fort Worth,Texas 76102
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18. INDEMNIFICATION.IN SO FAR AS PERMITTED BY LAW, BORROWER SHALL INDEMNIFY
LENDER, AND ITS OFFICERS, AGENTS, REPRESENTATIVES AND
EMPLOYEES, AND THE STATE OF TEXAS, AND ITS OFFICERS,
AGENTS, REPRESENTATIVES AND EMPLOYEES, SHALL NOT BE
LIABLE OR RESPONSIBLE FOR, AND SHALL BE SAVED AND HELD
HARMLESS BY BORROWER FROM AND AGAINST ANY AND ALL SUITS,
ACTIONS, LOSSES, DAMAGES, CLAIMS, OR LIABILITIES OF ANY
CHARACTER, TYPE, OR DESCRIPTION, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, AND ATTORNEY'S FEES,
(COLLECTIVELY REFERRED TO AS "CLAIMS" IN THE REMAINDER OF
THIS SECTION), ARISING OUT OF, CONNECTED WITH OR RESULTING
FROM ANY ACTS OR OMISSIONS OF BORROWER OR ANY OFFICER,
AGENT, REPRESENTATIVE, EMPLOYEE, OR SUBCONTRACTOR OF
BORROWER IN THE EXECUTION OR PERFORMANCE OF THIS
AGREEMENT AND THE PROJECT, INCLUDING CLAIMS ARISING IN
WHOLE OR IN PART FROM THE NEGLIGENCE OF LENDER, OR ITS
OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES, OR THE
STATE OF TEXAS, OR ITS OFFICERS, AGENTS, REPRESENTATIVES OR
EMPLOYEES, AS LIMITED BY THE PARAGRAPHS BELOW. NOTHING
CONTAINED HEREIN SHALL BE CONSTRUED SO AS TO REQUIRE
BORROWER TO ASSESS, LEVY OR COLLECT ANY TAX TO FUND THE
INDEMNIFICATION OBLIGATION CONTAINED HEREIN.
IT IS THE EXPRESSED INTENT OF THE PARTIES TO THIS AGREEMENT
THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN
INDEMNITY EXTENDED BY BORROWER TO INDEMNIFY AND
PROTECT LENDER, ITS OFFICERS, AGENTS, REPRESENTATIVES AND
EMPLOYEES, AND THE STATE OF TEXAS, ITS OFFICERS, AGENTS,
REPRESENTATIVES AND EMPLOYEES FROM THE CONSEQUENCES OF
LENDER'S, OR ITS OFFICERS', AGENTS', REPRESENTATIVES' OR
EMPLOYEES' OWN NEGLIGENCE, OR THE STATE OF TEXAS', OR ITS
OFFICERS', AGENTS', REPRESENTATIVES' OR EMPLOYEES' OWN
NEGLIGENCE, PROVIDED, HOWEVER THAT SUCH INDEMNITY SHALL
BE LIMITED BY BOTH OF THE FOLLOWING:
(1) THE INDEMNITY PROVIDED FOR IN THIS SECTION AGAINST
LENDER'S OWN NEGLIGENCE SHALL APPLY REGARDLESS OF
WHETHER OR NOT SUCH CLAIMS ARE CONTRIBUTED TO BY THE
NEGLIGENCE OF LENDER, ITS OFFICERS, AGENTS,
REPRESENTATIVES OR EMPLOYEES OR THE STATE OF TEXAS,ITS
OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES;
HOWEVER, IN THE EVENT OF SUCH CONTRIBUTORY OR
COMPARATIVE NEGLIGENCE OF LENDER, ITS OFFICERS,AGENTS,
REPRESENTATIVES OR EMPLOYEES OR THE STATE OF TEXAS,ITS
OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES,
BORROWER SHALL NOT INDEMNIFY ANY SUCH INDEMNITEES IN
THE PROPORTION (BASED ON THE PERCENTAGE OF
NEGLIGENCE) THAT SUCH CONTRIBUTORY OR COMPARATIVE
NEGLIGENCE CAUSED ANY SUCH CLAIMS; AND
(2) THE INDEMNITY PROVIDED FOR IN THIS SECTION AGAINST
LENDER'S OWN NEGLIGENCE SHALL NOT APPLY WHEN THE
NEGLIGENCE OR OTHER LIABILITY OF LENDER, OR ITS
OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES, OR THE
STATE OF TEXAS, OR ITS OFFICERS, AGENTS, REPRESENTATIVES
OR EMPLOYEES IS THE SOLE CAUSE OF SUCH CLAIMS.
19. Assignment. This Agreement and the rights and obligations of Borrower hereunder are not
assignable or transferable by Borrower, in whole or in part, without the prior written
consent of Lender.
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20. No Waiver. This Agreement shall not constitute or be construed as a waiver of any of the
privileges, rights, defenses, remedies, or immunities available to Lender as an agency
of the State of Texas or otherwise available to Lender. The failure to enforce or any
delay in the enforcement of any privileges, rights, defenses, remedies, or immunities
available to Lender under this Agreement or under applicable law shall not constitute
a waiver of such privileges,rights, defenses,remedies, or immunities or be considered
as a basis for estoppel. Lender does not waive any privileges, rights, defenses,
remedies or immunities available to Lender as an agency of the State of Texas, or
otherwise available to Lender, by entering into this Agreement or by its conduct prior
to or subsequent to entering into this Agreement. The modification of any
privileges, rights, defenses, remedies, or immunities available to Lender must be
in writing, must reference this section, and must be signed by Lender to be
effective, and such modification of any privileges, rights, defenses, remedies, or
immunities available to Lender shall not constitute waiver of any subsequent
privileges, rights, defenses, remedies, or immunities under this Agreement or
under applicable law.
21. Discrimination. During the term of this Agreement, Borrower shall not engage in any discriminatory
practice with respect to any activity funded in whole or in part under this Agreement
or by the Loan or with respect to any recipients of services, employees or applicants
for employment based upon race, creed, color, handicap, national origin, gender,
religion, political affiliation or age. Borrower shall in each contract with a person
providing goods or services for the Project require the same agreement as to non-
discrimination. By signing this agreement, Borrower certifies that it will comply with
all HUB requirements, as applicable.
22. Late Payments. If any installment due under this Agreement is not paid within thirty (30) days of its
due date, Lender, at its option, may require Borrower to pay a penalty equal to one
and one-half percent(1.5%)of the amount of the installment then due.
23. Interest. Interest on the Loan evidenced by this Agreement shall not exceed the maximum
amount of nonusurious interest that may be contracted for, taken, reserved, charged,
or received under law; any interest in excess of that maximum amount shall be
credited on the principal of the Loan or, if that has been paid, refunded. On any
acceleration required or permitted prepayment, any such excess shall be canceled
automatically as of the acceleration or prepayment or, if already paid, credited on the
principal of the Loan or, if the principal of the Loan has been paid, refunded. This
provision overrides other provisions in this and all other instruments concerning the
Loan.
25. Governing Law. This Agreement and the rights and duties of the parties hereunder shall be governed
by the laws of the State of Texas.
26. Taxes. Borrower is solely responsible for all state, federal and local taxes of any kind
resulting from this Agreement. Lender shall have no liability for any such taxes.
Borrower represents and warrants that it is not currently subject to the payment of any
franchise taxes under the Texas Tax Code, Chapter 171. In addition, if Borrower is
an individual not residing in Texas or a business entity not incorporated in or whose
principal domicile is not in Texas, the following certification applies. Borrower it
does not sell tangible personal property or services that are subject to the state and
local sales and use tax.
Under the Texas Government Code, Section 2155.004, Borrower certifies that the
individual or business entity named in this Agreement is not ineligible to receive the
specified contract and acknowledges that this Agreement may be terminated and
payment withheld if this certification is inaccurate.
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27. Disputes. Chapter 2260 of the Texas Government Code ("Chapter 2260") prescribes dispute
resolution processes for certain breach of contract claims applicable to certain
contracts for goods and services. As required by Chapter 2260, Lender has adopted
rules under Chapter 2260, codified at 34 Texas Administrative Code §§1.360— 1.387,
and may adopt revisions to these rules throughout the term of this Agreement,
including any extensions. Borrower shall comply with such rules.
The dispute resolution process provided for in Chapter 2260 of the Government Code
shall be used, as further described herein, by Lender and Borrower to attempt to
resolve any claim for breach of contract made by Borrower under this Agreement:
(a) Borrower's claim for breach of this Agreement that the parties cannot resolve in
the ordinary course of business shall be submitted to the negotiation process
provided in Chapter 2260. To initiate the process, Borrower shall submit written
notice, as required by Chapter 2260, to the Deputy Comptroller or his or her
designee. Said notice shall also be given to all other representatives of Lender
and Borrower otherwise entitled to notice under this Agreement. Compliance by
Borrower with Chapter 2260 is a condition precedent to the filing of a contested
case proceeding under Chapter 2260.
(b) The contested case process provided in Chapter 2260 is Borrower's sole and
exclusive process for seeking a remedy for an alleged breach of contract by
Lender if the parties are unable to resolve their disputes under subparagraph (A)
of this Section.
(c) Compliance with the contested case process provided in Chapter 2260 is a
condition precedent to seeking consent to sue from the Legislature under Chapter
107, Civ. Prac. and Rem. Code. Neither the execution of this Agreement by
Lender nor any other conduct of any representative of Lender relating to this
Agreement shall be considered a waiver of sovereign immunity to suit.
For all other specific breach of contract claims or disputes under this Agreement, the
following shall apply:
Should a dispute arise out of this Agreement, Lender and Borrower shall first
attempt to resolve it through direct discussions in a spirit of mutual cooperation.
If the parties' attempts to resolve their disagreements through negotiations fail,
the dispute will be mediated by a mutually acceptable third party to be chosen by
Lender and Borrower within fifteen (15) days after written notice by one of them
demanding mediation under this Section. Borrower shall pay all costs of the
mediation unless Lender, in its sole good faith discretion, approves its payment of
all or part of such costs. By mutual agreement, Lender and Borrower may use a
non-binding form of dispute resolution other than mediation. The purpose of this
Section is to reasonably ensure that Lender and Borrower shall in good faith
utilize mediation or another non-binding dispute resolution process before
pursuing litigation. Lender's participation in or the results of any mediation or
another non-binding dispute resolution process under this Section or the
provisions of this Section shall not be construed as a waiver by Lender of(1) any
rights, privileges, defenses, remedies or immunities available to Lender as an
agency of the State of Texas or otherwise available to Lender; (2) Lender's
termination rights; or (3) other termination provisions or expiration dates of this
Agreement.
Notwithstanding any other provision of this Agreement to the contrary, Borrower
shall continue performance and shall not be excused from performance during the
period any breach of contract claim or dispute is pending under either of the above
processes.
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28. Compliance. Borrower shall comply with all laws, regulations, requirements and guidelines
applicable to a borrower from or contractor with the State of Texas, as these laws,
regulations, requirements and guidelines currently exist and as they are amended
throughout the term of this Agreement. Lender reserves the right, in its sole
discretion, to unilaterally amend this Agreement throughout its term to incorporate
any modifications necessary for Lender's or Borrower's compliance with all
applicable state and federal laws, regulations, requirements and guidelines. Other
than this provision, this Agreement may only be amended upon the written agreement
of both parties.
29. Time. Time is of the essence in the performance of this Agreement and accordingly all time
limits shall be strictly construed and rigidly enforced.
30. Convictions. Borrower certifies that neither its council members nor its City Manager and Assistant
City Managers have been convicted of a felony criminal offense, or that if such
conviction has occurred or occurs during the term of this Agreement, Borrower shall
immediately fully advise Lender as to the facts and circumstances.
31. Conflicts. Borrower represents and warrants that Borrower has no actual or potential conflicts of
interest in entering into this Agreement with Lender and that Borrower's receipt of
disbursements under this Agreement would not reasonably create an appearance of
impropriety. Borrower represents and warrants that neither Borrower nor any person
or entity that will participate financially in this Agreement has received compensation
from Lender for participation in preparation of specifications for this Agreement.
32. Buy Texas. To the maximum extent permitted by law, Borrower represents and warrants that
Borrower shall purchase products and materials produced in Texas when they are
available at a comparable price and in a comparable period of time.
34. Antitrust. Borrower represents and warrants that neither Borrower nor any firm, corporation,
partnership, or institution represented by Borrower, nor anyone acting for such firm,
corporation, partnership, or institution, has violated Texas antitrust laws or federal
antitrust laws.
35. Confidentiality. The Parties hereto are both governmental entities and are subject to the Texas Public
Information Act, hereinafter referred to as the "Act", (formerly the Texas Open
Records Act) and attorney General Opinions issued under the Act. In the event either
Borrower or Lender receive a third-party request for any information related to this
Loan Agreement, the party receiving such request shall endeavor, within three (3)
days of receipt,to refer to the non-receiving party the requestfor such information.
36. Other Rights. Borrower shall have no exclusive rights or benefits other than those set forth in this
Agreement.
37. Certain Claims. In so far as permitted by law, Borrower shall defend and indemnify Lender and the
State of Texas against claims of patent, trademark, copyright, trade secret or other
proprietary rights, violations or infringements arising from or related to this
Agreement, provided that Lender shall notify Borrower of any such claim within a
reasonable time of Lender's receiving notice of any such claim. If Borrower is
notified of any claim subject to this Section, Borrower shall notify Lender of such
claim within five (5) working days of such notice. If Lender determines that a
conflict exists between its interests and those of Borrower or if Lender is required by
applicable law to select separate counsel, Lender shall be permitted to select separate
counsel Borrower. Borrower shall make no settlement of any such claim without
Lender's prior written approval. Borrower represents that it has determined what
licenses, patents and permits are required under this Agreement and has acquired or
will acquire all such licenses, patents and permits prior to commencement of the
Project. Nothing contained herein shall be construed so as to require Borrower to
assess, levy or collect any tax to fund the indemnification obligation contained herein.
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38. Statements. By signature to this Agreement, Borrower makes all of the representations,
warranties, covenants and certifications included in this Agreement. Notwithstanding
any other provision of this Agreement to the contrary, if Borrower signs this
Agreement with a false statement or it is subsequently determined that Borrower has
violated any of the representations, warranties, covenants or certifications included in
this Agreement, Borrower shall be in default under this Agreement and Lender may
terminate or void this Agreement for cause and pursue other remedies available to
Lender under this Agreement and applicable law.
39. Prohibition. If at any time during the term of this Agreement, Lender is prohibited from disbursing
funds to Borrower under the Texas Government Code, Section 403.055, the following
sentence shall apply to this Agreement:
All of Borrower's payments under this Agreement shall be applied toward the debt or
delinquent taxes that Borrower owes the State until the debt or delinquent taxes are
paid in full.
Borrower shall comply with Lender's rules adopted under the Texas Government
Code, Section 403.055.
40. Incorporation. All of the following attachments are attached hereto and incorporated into this
Agreement for all purposes:
Attachment A: Loan Approval Statement
Attachment B-1: DOE Assurance of Compliance, as completed by Borrower
Attachment B-2: DOE Assurance of Compliance, as completed by Borrower and
each Borrower contractor
Attachment C: Certifications Regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion-Lower Tier Covered Transactions, as
completed by Borrower
Attachment D: Certifications Regarding Lobbying; Debarment, Suspension and
Other Responsibility Matters; and Drug-Free Workplace
Requirements, as completed by Borrower
Attachment E: Disclosure of Lobbying Activities, as completed by Borrower
Attachment F: Assurances--Non-Construction Programs, as completed by
Borrower
Attachment G: Intellectual Property Provisions, as completed by Borrower
Borrower represents and warrants that it completed and provided the following
Attachments to Lender prior to executing this Agreement: B-1, B-2, C, D, E, and G,
Borrower represents and warrant that it will provide to each of its contractors an
Attachment B-2. Further Borrower represents and warrants that it will require its
contractors to execute and Attachment B and further represents and warrants that if
will provide a copy to Lender.
All applicable rules, regulations and all other requirements imposed by law,
including, but not limited to, those pertinent rules and regulations of the State of
Texas and those of federal agencies providing funds to the State of Texas are
incorporated into this Agreement by reference as if specifically written herein.
41. Successors. This Agreement is binding upon Borrower and its successors and assigns and upon
Lender and its successors and assigns.
42. Term. Therefore, the parties hereby agree that the effective date of this Agreement is the
date signed by Lender, after first having been signed by Borrower. Except for the
provisions of Sections 8, 9, 11, 12, 13, 19, 21, 27, 28, 37, 39, 40 and 41; and
Attachments B-1, B-2, and J, which shall survive the termination or expiration of this
Agreement, this Agreement shall terminate upon repayment, in full, of the Loan.
Page 9 of 27
ATTACHMENT A,Loan No.
LOAN APPROVAL STATEMENT
For Energy Conservation Measures
Agency: City of Fort Worth
Address: 319 West 10th Street
City: Fort Worth,Texas 76102
Loan Coordinator: Greg Simmons
Title: Facilities Manager
Phone:
E Description of Estimated Annual Pay- ECM
C Energy Conservation Measure ECM Energy Cost back Loan
Building a M ECM b Cost c Savings (yrs) Amount d
City Hall, 1 Lighting Equipment Upgrades $448,089.00 $72,176.00 6.2 $448,089.00
Public Safety
Bldg.,
Municipal
Annex,
Meacham
Terminal
Public Airport
City Hall, 2 Lighting Control Upgrades $56,201.00 $10,864.00 5.2 $56,201.00
Public Safety
Bldg.,
Municipal
Annex,
Meacham
Terminal
Public Airport
City Hall, 3 HVAC Plant Upgrades $1,758,267.00 $78,376.00 22.4 $1,758,267.00
Public Safety
Bldg.
City Hall, 4 HVAC Control Upgrades $563,358.00 $85,512.00 6.6 $563,358.00
Public Safety
Bldg.,
Municipal
Annex
City Hall, 5 Water Conservation Projects $79,076.00 $12,719.00 6.2 $79,076.00
Public Safety
Bldg.
City of Fort Borrower Buydown ($466,620.00) $0.00 0.0 ($466,620.00)
Worth
$2,438,371.00 $259,647.00 9.4 $2,438,371.00
En ineering Audit Expense $121,233.00
Metering and Monitoring i $36,866.00 i
Escalation Cost $0.00
TOTAL LOAN $2,596,470.00
Anticipated Substantial Completion Time litxnota�s
Payback(with allowance) 10.ir
Page 11 of 27
43, Merger. This Agreement contains the entire agreement between Lender and Borrower relating
to the rights granted and the obligations assumed in it. Any oral representations or
modifications concerning this Agreement shall be of no force or effect unless
contained in a subsequent writing, signed by both parties.
44. Signatories. The undersigned signatories represent and warrant that they have full authority to enter
into this Agreement on behalf of the respective parties.
LENDER: BORROWER:
Comptroller of Public Accounts City of Fort Worth
I �
By: -- `..a By;
Billy C. amilton [M—ar)cIItt
Deputy omptroller Assistant City Manager
AT
oria Pearson
City Secretary
A2proved a to Form and Legality:
9�w�'�
Assistant Ci Attorney
Date: FN a:> Date:
C--
Qontract Aut horization
I IJA 103
JRte
Page 10 of 27
Comments:
(a) A description of the building/facility and individual ECM is contained in the engineering report which is incorporated
herein by reference and included as a part of this Attachment A.
(b) No ECMs may be canceled after loan is granted without prior written Lender approval.
(c) ECM includes cost of detail engineering design,labor,and materials to implement retrofit.
(d) Cost of individual ECM projects may not exceed 120%of approved loan amount.Any individual variance exceeding this
amount must be submitted in a change of scope and receive written approval from Lender.
Page 12 of 27
ATTACHMENT B-1,Loan No.
DOE F 1600.5 OMB Control No.
(06-94) 1910-0400
All Other Editions Are Obsolete
U.S.DEPARTMENT OF ENERGY
Assurance of Compliance
Nondiscrimination in State Assisted Programs
OMB Burden Disclosure Statement
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for
reducing this burden,to Office of Information Resources Management Policy, Plans,and Oversight, Records Management Division,HR-422-
GTN,Paperwork Reduction Project(1910-0400),U.S.Department of Energy,1000 Independence Avenue,S.W.,Washington,DC 20585;and to
the Office of Management and Budget(OMB),Paperwork Reduction Project(1910-0400),Washington,DC 20503.
City of Fort Worth(Hereinafter called the "Applicant")HEREBY AGREES to comply with Title VI of the Civil Rights Act of
1964 (Pub. L. 88-352), Section 16 of the Federal Energy Administration Act of 1974 (Pub. L. 93-275), Section 401 of the
Energy Reorganization Act of 1974(Pub. L. 93-438),Title IX of the Education Amendments of 1972,as amended(Pub.L. 92-
318, Pub. L. 93-568, and Pub. L. 94-482), Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), the Age
Discrimination Act of 1977 (Pub. L. 94-135), Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), the Department of
Energy Organization Act of 1977 (Pub. L. 95-91),the Energy Conservation and Production Act of 1976, as amended, (Pub.L.
94-385) and Title 10 Code of Federal Regulations, Part 1040. In accordance with the above laws and regulations issued
pursuant thereto, the Applicant agrees to assure that no person in the United States shall, on the ground of race, color, national
origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity in which the Applicant receives Federal assistance from the Department of
Energy.
Applicability and Period of Obligation
In the case of any service, financial aid, covered employment, equipment,property, or structure provided, leased, or improved
with Federal assistance funding extended to the Applicant by the Department of Energy, this assurance obligates the Applicant
for the period during which the Federal assistance is extended. In the case of any transfer of such service, financial aid,
equipment, property, or structure, this assurance obligates the transferee for the period during which Federal assistance is
extended. If any personal property is so provided, this assurance obligates the Applicant for the period during which it retains
ownership or possession of the property. In all other cases, this assurance obligates the Applicant for the period during which
the Federal assistance is extended to the Applicant by the Department of Energy.
Employment Practices
Where a primary objective of the Federal assistance is to provide employment or where the Applicant's employment practices
affect the delivery of services in programs or activities resulting from Federal assistance extended by the Department of
Energy, the Applicant agrees not to discriminate on the ground of race, color, national origin, sex, and disability, in its
employment practices. Such employment practices may include, but are not limited to, recruitment, advertising, hiring, layoff
or termination, promotion, demotion, transfer, rates of pay, training and participation in upward mobility programs, or other
forms of compensation and use of facilities.
Subrecipient Assurance
The Applicant shall require any individual, organization, or other entity with whom it subcontracts, subgrants, or subleases for
the purpose of providing any service, financial aid, equipment,property, or structure to comply with laws cited above. To this
end, the Subrecipient shall be required to sign a written assurance form; however, the obligation of both recipient and
subrecipient to ensure compliance is not relieved by the collection or submission of written assurance forms.
Data Collection and Access to Records
The Applicant agrees to compile and maintain information pertaining to programs or activities developed as a result of the
Applicant's receipt of Federal assistance from the Department of Energy. Such information shall include, but is not limited to
Page 13 of 27
e
the following: (1)the manner in which services are or will be provided and related data necessary for determining whether any
persons are or will be denied such services on the basis of prohibited discrimination; (2) the population eligible to be serviced
by race, color, national origin, sex, and disability; (3) data regarding covered employment, including use or planned use of
bilingual public contact employees serving beneficiaries of the program where necessary to permit effective participation by
beneficiaries unable to speak or understand English; (4) the location of existing or proposed facilities connected with the
program and related information adequate for determining whether the location has or will have the effect of unnecessarily
denying access to any person on the basis of prohibited discrimination; (5)the present or proposed membership by race,color,
national origin, sex, and disability, in any planning or advisory body which is an integral part of the program; and (6) any
additional written data determined by the Department of Energy to be relevant to the obligation to assure compliance by
recipients with laws cited in the fust paragraph of this assurance.
The Applicant agrees to submit requested data to the Department of Energy regarding programs and activities developed by the
Applicant from the use of Federal funds extended by the Department of Energy. Facilities of the Applicant (including the
physical plants, buildings, or other structures) and all records, books, accounts, and other sources of information pertinent to
the Applicant's compliance with the civil rights laws shall be made available for inspection during normal business hours of
request of an officer or employee of the Department of Energy specifically authorized to make such inspections. Instructions
in this regard will be provided by the Director,Office of Civil Rights,U. S.Department of Energy.
This assurance is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts
(excluding procurement contracts), property, discounts or other Federal assistance extended after the date hereto, to the
Applicants by the Department of Energy, including installment payments on account after such date of application for Federal
assistance which are approved before such date. The Applicant recognizes and agrees that such Federal assistance will be
extended in reliance upon the representations and agreements made in this assurance and that the United State shall have the
right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors,transferees, and
assignees, as well as the person(s)whose signature appears below and who is authorized to sign this assurance on behalf of the
Applicant.
Applicant Certification
The Applicant certifies that it has complied, or that, within 90 days of the date of the grant, it will comply with all applicable
requirements of 10 C.F.R. § 1040.5 (a copy will be furnished to the Applicant upon written request to DOE.)
Designated Responsible Employee
Gre2 Simmons,Facilities Manager (817)392-7862
Name a d itle(Printed or Typed) Telephone Number
31 J
Signatur Date
Citv of Fort ort (817)392-7862
319 West 10th Street Telephone Number
Fort Worth,Texas 76102
Address
Authorized Official:
Marc Ott,Assistant City Manager (817)871-6122
Name an tle ri ted or T e Telephone Number
7-31-4?
Signature Date
Page 14 of 27
AT'FACHMENT B-2, Loan No. _
DOE F 1600.5 OMB Gxnrol No-
(06-94)
o.(0694) 1910-0400
All Other Editions Are Obsolete
U.S. DEPARTMENT OF ENERGY
Assurance of Compliance
Nondiscrimination in State Assisted Progr�ms
Of11B Burden Disclosure Statement
Public reporting but-den for this collection of information is estimated to average 15 minutes per response. including lite time for
reviewing instructions,searching existing data sources,gathering and maintaining the data ncedt d,and completing and reviewing the
collection of infonnation. Send comments regarding this burden estimate or any other aspect of tl is collection of information.including
suggestions for reducing this burden. to Office of information Resources Management Po icy. Plans, and Oversight, Records
Management Division, IIR-422-GTN, Paperwork Reduction Project (1910-0400), U.S. Depart cent of' Energy, 1000 Independence
Avenue,S.W., Washington, DC 20555. and to the Office of Management and Budget(OMB), Paperwork Reduction Project (1910-
0400),Washington,DC 20503.
City of Fort Worth(Hereinafter called the"Applicant")HEREBY AGREES to com-ily with Title VI of the Civil Rights
Act of'1964 (Pub. L. 88-352), Section 16 of the Federal Energy Administration Act of 1974 (Pub. L. 93-275), Sectic.n
401 of the Energy Reorganization Act of 1974 (Pub. L. 93-438), Title IX of the Education Amendments of 1972. as
amended(Pub. L. 92-318, Pub. L. 93-568, and Pub. L.. 94-482), Section 504 of the Rehabilitation Act of 1973 (Pub. 1.,.
93-112), the Age Discrimination Act of 1977 (Pub. L. 94-135),Title VIII of the Civil Rights Act of 1968 (Pub. L. )0-
284), the Department of Energy Organization Act of 1977 (Pub. L. 95-91), the E iergy Conservation and Production
Act of 1976, as amended, (Pub. L. 94-385) and Title 10 Code of Federal Regulati xts, Part 1040. In accordance M-iih
the above laws and regulations issued pursuant thereto, the Applicant agrees to assure that no person in the United
States shall, on the ground of race. color, national origin, sex, age, or disability, b,- excluded from participation in, be
denied the benefits of,or be otherwise subjected to discrimination under any progra n or activity in which the Applicant
receives federal assistance from the Department of Energy.
Applicability and Period of Obligation
In the case of any service, financial aid, covered employment, equipment, propery, or structure provided, leased, or
improved with Federal assistance funding extended to the Applicant by the Department of Energy, this assurance
obligates the Applicant for the period during which the Federal assistance is extended. In the case of any transfer of
such service, financial aid, equipment, property, or structure. this assurance obligates the transferee for the per.ed
during which Federal assistance is extended. If any personal property is so provided, this assurance obligates d-e
Applicant for the period during which it retains ownership or possession of the property. In all other cases, th,s
assurance obligates the Applicant for the period during which the Federal assistance is extended to the Applicant by tLe
Department of Energy.
Employment Practices
Where a primary objective of the Federal assistance is to provide employment or where the Applicant's employm-nut
practices affect the delivery of services in programs or activities resulting from =ederal assistance extended by +e
Department of Energy, the Applicant agrees not to discriminate on the ground of rice, color, national origut, sex, End
disability, in its employment practices. Such employment practices may include, but are not limited to, recruitment,
advertising, hiring, layoff or termination, promotion, demotion, transfer, rates of pay, training and participation in
upward mobility programs, or other forms of compensation and use of facilities.
Subrecipient Assurance
Tile Applicant shall require any individual, organization, or other entity with w tom it subcontracts, subgrants, c r
subleases for the purpose of providing any service, frtancial aid,equipment,proper y, or structure to comply with laws
cited above. To this end,the Subrecipient shall be required to sign a written assuranze form;however,the obligation c f
both recipient and Subrecipient to ensure compliance is not relieved by the collection or submission of written
assurance forms.
Zoo in ST0.1Ju00 uosatlor %V,3 tT:5T V1)0Z/TE/L0
� n
Data Collection and Access to Records
The Applicant agrees to compile and maintain information pertaining to programs :)r activities developed as a result of
the Applicant's receipt of Federal assistance from the Department of Energy. Such information shall include,but is not
limited to the following: (1) the manner in which services are or will be prov:ded and related data necessary for
determining whether any persons are or will be denied such services on the basis :)f prohibited discrimination; (2) tie
population eligible to be serviced by race, color, national origin, sex, and disibility; (3) data regarding covcr-;d
employment, including use or planned use of bilingual public contact employees :erving beneficiaries of the program
where necessary to permit effective participation by beneficiaries unable to sp;ak or understand English; (4) t:ie
location of existing or proposed facilities connected with the program and related 'information adequate for determir..ing
whether the location has or will have the effect of unnecessarily denying access to t ny person on the basis of prohib.tod
discrimination; (5) the present or proposed membership by race, color, national origin, sex, and disability, in any
planning or advisory body which is an integral part of the program; and(6)any additional written data determined by
the Department of Energy to be relevant to the obligation to assure compliance by a-ecipients with laws cited in the first
paragraph of this assurance.
The Applicant agrees to submit requested data to the Department of Energy regarding programs and activiti!s
developed by the Applicant from the use of Federal funds extended by the Department of Energy. Facilities of the
Applicant (including the physical plants, buildings, or other structures) and all records, books, accounts, and ocher
sources of information pertinent to the Applicant's compliance with the civil rights laws shall be made available fir
inspection during normal business hours of request of an officer or employee of th-:Department of Energy specifically
authorized to make such inspections. Instructions in this regard will be provid,:d by the Director, Office of Civil
Rights,U.S.Department of Energy.
This assurance is given in consideration of and for the purpose of obtaining any an-1 all Federal grants, loans,contnicts
(excluding procurement contracts),property,discounts or other Federal assistance txtended after the date hereto,to the
Applicants by the Department of Energy, including installment payments on account after such date of application for
Federal assistance which are approved before such date. The Applicant recognizes and agrees that such Federal
assistance will be extended in reliance upon the representations and agreements made in this assurance and that the
United State shall have the right to seek judicial enforcement of this assurance This assurance is binding on the
Applicant,its successors,transferees,and assignees,as well as the person(s)whose signature appears below and who is
authorized to sign this assurance on behalf of the Applicant.
Applicant Certification
The Applicant certifies that it has complied, or that, within 90 days of the date cf the grant, it will comply with all
applicable requirements of 10 C.F.R. § 1040.5(a copy will be furnished to the Applicant upon written request to DOE.)
Designated Responsible Employee
kaq (".Y r+S ACi014 pcP4 Y�. s r 4 • j�6`i
Name and Title(Printed or Typed) Telephone Number
I-7L
Sfigaaatare Date
3zat %4 3 6o
r:4 :kbTelephone Number
Address
Authorized Official:
Name and Title(Printed or Typed) Telephone Number
Signature Date
COOP] STOXWOO IIOSunOr YVA 51:s1 t`nnZ/TC//.n
ATTACHMENT C,Loan No.
Certification Regarding Debarment, Suspension,Ineligibility,
and Voluntary Exclusion-Lower Tier Covered Transactions
Instructions for Certification
1. The prospective lower tier participant is required to sign the attached certification.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the Federal Government, the department or agency with which this
transaction originated may pursue available remedies,including suspension and/or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or
has become erroneous by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant,"
"person," "primary covered transaction," "principle," "proposal," and "voluntarily excluded," as used in this clause, have
the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may
contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended,
declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the
department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered
transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the
eligibility of its principals. Each participant may,but is not required to, check the Nonprocurement List.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge and information of a participant is not required to
exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the
department or agency with which this transaction originated may pursue available remedies, including suspension and/or
debarment.
(1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
City of Fort Worth
Organization Name
Marc Ott Assistant Citv Mana r
Name and uthorize70,3
prese t' e
Vn
Signature Date
Page 17 of 27
ATTACHMENT D,Loan No.
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the
instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification
requirements under 34 CFR Part 82,"New Restrictions on Lobbying,"and 34 CFR Part 85,"Government-wide Debarment and Suspension(Nonprocurement)
and Government-wide Requirements for Drug-Free Workplace(Grants)." The certifications shall be treated as a material representation of fact upon which
reliance will be placed when the Department of Energy determines to award the covered transaction,grant,or cooperative agreement.
1. LOBBYING less than$10,000 and not more than$100,000 for each
such failure.
The undersigned certifies, to the best of his or her
knowledge and belief,that:
2. DEBARMENT, SUSPENSION, AND OTHER
(1) No Federal appropriated funds have been paid or RESPONSIBILITY MATTERS
will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to (1) The prospective primary participant certifies to
influence an officer or employee of any agency, a the best of its knowledge and belief, that it and its
Member of Congress, an officer or employee of principals:
Congress, or an employee of a Member of
Congress in connection with the awarding of any (a) Are not presently debarred, suspended,
Federal contract, the making of any Federal grant, proposed for debarment, declared ineligible,
the making of any Federal loan, the entering into or voluntarily excluded from covered
of any cooperative agreement, and the extension, transactions by any Federal department or
continuation, renewal, amendment, or agency;
modification of any Federal contract, grant, loan, (b) Have not within a three-year period receding
or cooperative agreement. this proposal been convicted of or had a civil
judgment rendered against them for
(2) If any funds other than Federal appropriated funds commission of fraud or a criminal offense in
have been paid or will be paid to any person for connection with obtaining, attempting to
influencing or attempting to influence an officer obtain, or performing a public (Federal, State
or employee of any agency, a Member of or local) transaction or contract under a
Congress, an officer or employee of Congress, or public transaction; violation of Federal or
an employee of a Member of Congress in State antitrust statutes or commission of
connection with this Federal contract, grant, loan, embezzlement, theft, forgery, bribery,
or cooperative agreement, the undersigned shall falsification or destruction of records,making
complete and submit Standard Form-LLL, false statements,or receiving stolen property;
"Disclosure Form to Report Lobbying," in (c) Are not presently indicted for or otherwise
accordance with its instructions. criminally or civilly charged by a government
entity (Federal, State or local) with
(3) The undersigned shall require that the language of commission of any of the offenses
this certification be included in the award enumerated in paragraph (1)(b) of this
documents for all subawards at all tiers(including certification; and
subcontracts, subgrants, and contracts under (d) Have not within a three-year period preceding
grants, loans, and cooperative agreements) and this application/proposal had one or more
that all subrecipients shall certify and disclose public transactions (Federal, State or local)
accordingly. terminated for cause or default.
(2) Where the prospective primary participant is
This certification is a material representation of fact unable to certify to any of the statements in this
upon which reliance was placed when this transaction certification, such prospective participant shall
was made or entered into. Submission of this attach an explanation to this proposal.
certification is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required 3. DRUG-FREE WORKPLACE
certification shall be subject to a civil penalty of not
Page 18 of 27
Federal agency has designated a central point
This certification is required by the Drug-Free for the receipt of such notices. Notice shall
Workplace Act of 1988 (Pub. L. 100-690, Title V, include the identification number(s) of each
Subtitle D) and is implemented through additions to affected grant;
the Debarment and Suspension regulations, published (f) Taking one of the following actions, within
in the Federal Register on January 31, 1989, and May 30 calendar days of receiving notice under
25, 1990. subparagraph (d)(2), with respect to any
employee who is so convicted:
ALTERNATE I (1) Taking appropriate actions against such
(GRANTEES OTHER THAN INDIVIDUALS) an employee, up to and including
termination, consistent with the
(1) The grantee certifies that it will or will continue to requirements of the Rehabilitation Act 9f
provide a drug-free workplace by: 1973, as amended;or
(2) Requiring such employee to participate
(a) Publishing a statement notifying employees satisfactorily in a drug abuse assistance
that the unlawful manufacture, distribution, or rehabilitation program approved for
dispensing, possession, or use of a controlled such purposes by a Federal, State or
substance is prohibited in the grantee's local health, law enforcement, or other
workplace and specifying the actions that will appropriate agency;
be taken against employees for violation of (g) Making a good faith effort to continue to
such prohibition; maintain a drug-free workplace through
(b) Establishing an ongoing drug-free awareness implementation of paragraphs (a), (b), (c),
program to inform employees about: (d), (e),and(f).
(1) The dangers of drug abuse in the
workplace; (2) The grantee may insert in the space provided
(2) The grantee's policy of maintaining a below the site(s) for the performance of work
drug-free workplace; done in connection with the specific grant:
(3) Any available drug counseling,
rehabilitation, and employee assistance Place of Performance:
programs;and (Street address, city, county, state,zip code)
(4) The penalties that may be imposed upon
employees for drug abuse violations 1000 Throckmorton
occurring in the workplace; _Ft. Worth, Texas 76102
(c) Making it a requirement that each employee
to be engaged in the performance of the grant
be given a copy of the statement required by F-1 Check if there are workplaces on file that are not
paragraph(a); identified here.
(d) Notifying the employee in the statement
required by paragraph (a) that, as a condition ALTERNATE If (GRANTEES WHO ARE
of employment under the grant, the employee INDIVIDUALS)
will:
(1) Abide by the terms of the statement; and (1) The grantee certifies that, as a condition of the
(2) Notify the employer in writing, of his or grant, he or she will not engage in the unlawful
her conviction for a violation of criminal manufacture, distribution, dispensing,
drug statute occurring in the work-place possession, or use of a controlled substances in
not later than five calendar days after conducting any activity with the grant.
such conviction;
(e) Notifying the agency, in writing, within ten (2) If convicted of a criminal drug offense
calendar days after receiving notice under resulting from a violation occurring during
subparagraph (d)(2) from an employee or the conduct of any grant activity, he or she
otherwise receiving actual notice of such will report the conviction, in writing, within
conviction. Employers of convicted 10 calendar days of the conviction, to every
employees must provide notice, including grant officer or other designee, unless the
position title, to energy grant officer or other Federal agency designates a central point for
designee on whose grant activity the the receipt of such notices. When notice is
convicted employee was working, unless the made to such a central point, it shall include
Page 19 of 27
the identification number(s) of each affected municipality, and the net earning of which
grant. are devoted exclusively to charitable,
educational, or recreational purposes.
4. LOBBYING DISCLOSURE ACT OF 1995, As set forth in the Lobbying Disclosure Act of 1995
SIMPSON-CRAIG AMENDMENT (Public Law 104-65, December 19, 1995), as
amended ["Simpson-Craig Amendment," see Section
Applicant organization which are described in section 129 of The Balanced Budget Downpayment Act, I
501 (c)(4) of the Internal Revenue Code of 1986 and (Public Law 104-99, January 26, 1996)], lobbying
engage in lobbying activities after December 31, 1995, activities is defined broadly. (See section 3 of the
shall not be eligible for the receipt of Federal funds Act.)
constituting an award, grant, or loan. Section
501(c)(4) of the Internal Revenue Code of 1986 The undersigned certifies, to the best of his or her
covers: knowledge and belief,that: it IS NOT an organization
described in section 501 (c)(4) of the Internal
Civic leagues or organizations not Revenue Code of 1986: OR that it IS an organization
organized for profit but operated exclusively described in section 501 (c)(4) of the Internal
for the promotion of social welfare, or local Revenue Code of 1986, which, after December 31,
associations of employees, the membership 1995, HAS NOT engaged in any lobbying activities
of which is limited to the employees of a as defined in the Lobbying Disclosure Act of 1995,as
designated persons or person in a particular amended.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the
above certifications.
City of Fort Worth
Name of Applicant Pre/Award Number and/or Project Name
Marc Ott, Assistant Ci1y Manager
Printed Name and Title of Authorized Representative
Signature l5ate -
Page 20 of 27
ATTACHMENT E,Loan No.
DISCLOSURE OF LOBBYING ACTIVITIES
1. Type of Federal Action: D 2. Status of Federal Action: _ 3. Report Type: A
a. contract a. bid/offer/application a. initial filing
b. grant b. initial award b. material change
c. cooperative agreement c. post award For Material Change Only:
d. loan year quarter
e. loan guarantee date of last report
f, loan insurance
4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee,Enter
Name and Address of Prime:
City of Fort Worth
1000 Throckmorton Street
Fort Worth,Texas 76102
X Prime _ Subawardee
Tier, if known:
6. Federal Department/Agency: 7. Federal Program Name/Description
U.S.Department of Energy
CFDA Number,if applicable:
8. Federal Action Number,If known: 9. Award Amount, if known:
$2,596,469
10.a. Name and Address of Lobbying Entity: 10.b. Individual Performing Services(including address
(if individual, last name, first name,MI): if different from No. l0A) (last name, first name,
Ml):
Bracy Tucker Brown,Inc.
1615 L Street,NW Tucker,Tracy P.
Suite 520 Brown,James P.
Washington,DC 20036
(attach Continuation Sheet(s) SF-LLL-A, if
necessary)
11. Amount of Payment(check all that apply): 12. Form of Payment(check all that apply):
a. cash
$ 15,500 X actual b. in-kind; specify: nature
planned value
13. Type of Payment(check all that apply):
X a. retainer _ c. commission e. deferred
b.one-time fee _ d.contingent fee f. other; specify
14. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s),
employee(s), or Member(s)contacted, for Payment indicated in Item 11:
To provide the City of Fort Worth with lobbying services on federal issues,assistance on grant efforts,
advise and counsel regarding federal agencies and provide assistance in promoting passage of legislation.
15. Continuation Sheets SF-LLL-A attached: Yes No
16. Information requested through this form is authorized by title 31 U.S.C. Authorized Representative:
section 1352. This disclosure of lobbying activities is a material Marc Ott
representation of fact upon which reliance was placed by the tier above
when this transaction was made or entered into. This disclosure is Title: AssistantCitvManager
required pursuant to 31 U.S.C.1352. This information will be reported
to the Congress semi-annual and will be available for public inspection.
Any person who fails to file the required disclosure shall be subject to a Signature:
civil penalty of not less than$10,000 and not more than$100,000 for
each such failure
Telephone: (817)871-6122 Date:
Page 21 of 27
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352
Page 22 of 27
e
ATTACHMENT F,Loan No.
ASSURANCES--NON-CONSTRUCTION PROGRAMS
OMB Approval No.0348-0040
Note:Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the
awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional
assurances. If such is the case,you will be notified.
As the duly authorized representative of the applicant,I certify that the applicant:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability
(including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and
completion of the project described in this application.
2. Will give the awarding agency, the Comptroller, the United States, and if appropriate, the State, through any
authorized representative, access to and the right to examine all records, books, papers, or documents related to the
award; and will establish a proper accounting system in accordance with generally accepted accounting standards or
agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents
the appearance of personal or organizational conflict of interest,or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§ 4728-4763) relating to prescribed
standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a)Title VI
of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national
origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686),
which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended(29
U.S.C. § 794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office
and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f)
the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-
616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of
the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination
provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the
requirements of any other nondiscrimination statute(s)which may apply to the application.
7. Will comply, or has already complied,with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of
persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These
requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in
purchases.
8. Will comply with the provisions of the Hatch Act(5 U.S.C. §§ 1501-1508 and 7324-7328)which limit the political
activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
9. Will comply, as applicable, with the provisions of the Davis-Bacon Act(40 U.S.C. §§ 276a to 276a-7),the Copeland
Act(40 U.S.C. § 276c and 18 U.S.C. §§ 874), and the Contract Work Hours and Safety Standards Act(40 U.S.C. §§
327-333),regarding labor standards for federally assisted construction sub-agreements.
Page 23 of 27
10. 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 recipients in a special flood hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order(EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§ 1451 et seq.); (f)conformity of Federal actions to State(Clear Air) Implementation Plans
under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of
underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and
(h)protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205).
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of
1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974(16 U.S.C. 469 a-1 et seq.)
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.)
pertaining to the care, handling, and treatment of warm blooded animals held for research,teaching,or other activities
supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§ 4801 et seq.)which prohibits the use
of lead based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of
1984.
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies
governing this program.
L Assistant City Manager
Signature of Aut orized CellAying Official Title
City of Fort Worth
Applicant Organization Date Submitted
Page 24 of 27
ATTACHMENT G,Loan No.
Intellectual Property Provisions
AUTHORIZATION AND CONSENT(41 CFR 9-9.102-1)
The Government hereby gives its authorization and consent(without prejudice to any rights of indemnification) for all use and
manufacture, in the performance of this grant or any part hereof or any amendment hereto or any subcontract hereunder
(including all lower-tier subcontracts hereunder),of any invention described in and covered by a patent of the United States.
(a) embodied in the structure or composition of any article, the delivery of which is accepted by the Government under
this grant, or
(b) utilized in the machinery, tools, or methods, the use of which necessarily results from compliance by the Grantee or
the using subcontractor with
(i) specifications or written provisions now or hereafter forming a part of this grant,or
(ii) specific written instructions given by the Contracting Officer directing the manner of performance.
The entire liability to the Government for infringement of a patent of the United States shall be determined solely by the
provisions of the indemnity clauses, if any, included in this grant or any subcontract hereunder (including all lower-tier
subcontracts hereunder), and the Government assumes liability for all other infringement to the extent of the authorization and
consent herein above granted.
PATENT INDEMNITY(41 CFR 9-9.103-1)
If the amount of this contract is in excess of$10,000 the contractor shall indemnify the Government and its officers, agents,and
employees against liability, including costs, for infringement of any United States letters patent (except U.S. letters patent
issued upon an application which is now or may hereafter be kept secret or otherwise withheld from issue by order of the
Government) arising out of the manufacture or delivery of supplies or out of construction, alteration, modification, or repair of
real property (hereinafter referred to as "construction work") under this contract, or out of the use or disposal by or for the
account of the Government of such supplies or construction work. The foregoing indemnity shall not apply unless the
contractor shall have been informed as soon as practicable by the Government of the suit or action alleging such infringement,
and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in the defense
thereof, and further, such indemnity shall not apply to: (a) an infringement resulting from compliance with specific written
instructions of the Contracting Officer directing a change in the supplies to be delivered or in the materials or equipment to be
used, or directing a manner of performance of the contract not normally used by the contractor; (b) an infringement resulting
from addition to or change in, such supplies or components furnished or construction work performed which addition or change
was made subsequent to delivery or performance by the contractor; or (c) a claimed infringement which is settled without the
consent of the contractor,unless required by final decree of a court of competent jurisdiction.
NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT(41 CFR 9-9.104(b))
The provisions of this clause shall be applicable only if the amount of this grant exceeds $10,000.
(a) The Grantee shall report to the Contracting Officer, promptly and in reasonable written detail, each notice of
claim of patent or copyright infringement based on the performance of this grant of which the Grantee has
knowledge.
(b) In the event of any claim or suit against the Government on account of any alleged patent or copyright infringement
arising out of the performance of this grant or out of the use of any supplies furnished or work or services performed
hereunder, the Grantee shall furnish to the Government, when requested by the Contracting Officer, all evidence and
information in possession of the Grantee pertaining to such suit or claim. Such evidence and information shall be
furnished at the expense of the Government except where the Grantee has agreed to indemnify the Government.
(c) This clause shall be included in all contracts and subgrants under this grant.
Page 25 of 27
A
REPORTING OF ROYALTIES(41 CFR 9-9.110)
If this grant is in an amount which exceeds $10,000 and if any royalty payments are directly involved in the grant or are
reflected in the grant price to the Government,the Grantee agrees to report in writing to the Patent Counsel(with notification by
Patent Counsel to the Contracting Officer) during the performance of this grant and prior to its completion of final settlement
the amount of any royalties or other payments paid or to be paid by it directly to others in connection with the performance of
this grant together with the names and addresses of licensers to whom such payments are made and either the patent numbers
involved or such other information as will permit the identification of the patents or other basis on which the royalties are to be
paid. The approval of DOE of any individual payments or royalties shall not stop the Government at any time from contesting
the enforceability,validity or scope of, or title to, any patent under which a royalty or payments are made.
RIGHTS IN TECHNICAL DATA(SHORT FORM)
(a) Definitions. The definitions of terms set forth in DEAR 927.401 apply to the extent these terms are used herein.
(b) Allocation of Rights.
(1) The Government shall have:
(i) Unlimited rights in technical data first produced or specifically used in the performance of this grant;
(ii) The right of the Contracting Officer or his representatives to inspect, at all reasonable times up to three years
after final payment under this grant, all technical data first produced or specifically used in the grant (for
which inspection the Grantee or its contractor or subgrantee shall afford proper facilities to DOE); and
(iii) The right to have any technical data first produced or specifically used in the performance of this grant
delivered to the Government as the Contracting Officer may from time-to-time direct during the progress of
the work,or in any event as the Contracting Officer shall direct upon completion or termination of this grant.
(2) The Grantee shall have:
The right to use for its private purposes, subject to patent, security or other provisions of this grant, technical data
it first produces in the performance of this grant provided the date requirements of this grant have been met as of
the date of the private use of such data. The Grantee agrees that to the extent it receives or is given access to
proprietary data or other technical, business or financial data in the form of recorded information from DOE or a
DOE contractor or subcontractor, the Grantee shall treat such data in accordance with any restrictive legend
contained thereon,unless use is specially authorized by prior written approval of the Contracting Officer.
(c) Cop,3righted Material.
(1) The Grantee agrees to,and does hereby grant to the Government, and to others acting on its behalf:
(i) A royalty-free, nonexclusive, irrevocable, worldwide license for Governmental purposes to reproduce,
distribute, display, and perform all copyrighted material first produced or composed in the performance of
this grant by the Grantee, its employees or any individual or concern specifically employed or assigned to
originate and prepare such material and to prepare derivative works based thereon;and
(ii) A license as aforesaid under any and all copyrighted or copyrighted work not first produced or composed by
the Grantee in the performance of this grant but which is incorporated in the material furnished under the
grant, provided that such license shall be only to the extent the Grantee now has, or prior to completion or
close-out of the grant, may acquire the right to grant such license without becoming liable to pay
compensation to others solely because of such grant.
(2) The Grantee agrees that it will not knowingly include any material copyrighted by others in any written or
copyrighted material furnished or delivered under this grant without a license as provided for in subparagraph (c)
Page 26 of 27
I �
(1) (ii) of this section, or without the consent of the copyright owner, unless it obtains specific written approval of
the Contracting Officer for the inclusion of such copyrighted material.
RIGHTS TO PROPOSAL DATA(TECHNICAL) (48 CFR 52.227-23)
It is agreed that as a condition of award of this grant or modification and notwithstanding the conditions of any notice appearing
on the proposal(s), the Government shall have the right to use, duplicate, and disclose and have others to do so for any purpose
whatsoever,the technical data contained in the proposal(s)upon which the grant or modification is based.
City of Fort Worth
Organization Name
Marc Ott, Assistant City Manager
Name and Title of Authorized R resentative
Signature Date
Page 27 of 27
City of Fort Worth, Texas
4vagor and Council communication
DATE REFERENCE NUMBER LOG NAME FE
7/29/03 C-19681 20SECO 1 of 2
SUBJECT AUTHORIZATION TO ENTER INTO A LOAN AGREEMENT WITH THE TEXAS STATE
ENERGY CONSERVATION OFFICE TO FINANCE THE IMPLEMENTATION OF AN
ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS, INC.
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply for a loan in the amount of $2,596,470 from Texas State
Energy Conservation Office (SECO) for the implementation of an Energy Savings Performance
Contract (ESPC) with Johnson Controls, Inc. (JCI); and
2. Authorize the City Manager to execute the associated Loan Agreement with SECO, pending
approval of the application.
DISCUSSION:
On November 26, 2002 (M&C C-19369), the City Council authorized the execution of a contract with
JCI for a detailed energy audit and engineering evaluation of the City's Municipal Complex (City Hall,
Public Safety Building, and City Hall Annex) and the Meacham International Airport Terminal building.
Consequently, JCI completed a detailed audit of the City Hall complex, including the Municipal Building
and its associated utility plant, the Public Safety Building, the 14th Street Annex, and the City Hall
Annex. A detailed audit was also performed on the Meacham Terminal.
The audit recommended a $3,063,090 project to replace inefficient lighting and air-conditioning
equipment, installation of automated control systems, and consolidation of cooling equipment for the
Municipal Building and Public Safety Building. The audit was reviewed and endorsed by Kinsman and
Associates, an independent engineering firm, retained under a separate professional agreement. The
annual energy savings JCI will guarantee for this project is $259,647. JCI also estimates that the City
will receive an incentive rebate from ONCOR of over$200,000.
The State Energy Conservation Office's LoanSTAR program was established to provide low interest
financing to local government entities for the execution of energy conservation projects as required by
Senate Bill 5 and the Texas Emission Reduction Plan. SECO will finance the portion of the project that
represents a 10-year simple payback ($2,596,470) at an interest rate of 3%. The SECO loan will be
paid off solely from monies in the Environmental Management Fund. The balance of the project cost
($466,620) will be financed via a Municipal Lease and paid for from the Non-Departmental account of
the General Fund. The Non-Departmental account will receive the ONCOR incentive rebate and will be
the beneficiary of the energy savings realized.
Staff from Transportation and Public Works Facilities Management and Purchasing are currently working to
get the Municipal Lease in place and expect to have a Mayor and Council Communication before City Council
requesting authorization for that action by the end of August, 2003. At that time authorization to enter into the
contract with JCI will also be requested. Due to the August 1 st deadline imposed by SECO, it is necessary to
execute this loan agreement now to avoid having to re-apply for the loan.
City of Fort Worth, Texas
4velgor And Council commu"icatio"
DATE REFERENCE NUMBEROG NAME PAGE
L
7/29/03 C-19681 20SEC0 2 of 2
SUBJECT AUTHORIZATION TO ENTER INTO A LOAN AGREEMENT WITH THE TEXAS STATE
ENERGY CONSERVATION OFFICE TO FINANCE THE IMPLEMENTATION OF AN
ENERGY SAVINGS PERFORMANCE CONTRACT WITH JOHNSON CONTROLS, INC.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds at this time.
However, sufficient funds have been included in the proposed FY2003-04 budgets of the Environmental
Management Fund and the General Fund to make the required payments scheduled to begin in
FY2003-04.
MO:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:
Robert Goode 7804 (from) APPROVED 07/29/03
Additional Information Contact:
Robert Goode 7804