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HomeMy WebLinkAboutResolution - 4009 - Agreement - Energy Office, Governor - Motor Oil Recycling Demonstration Project - 10_22_1992Resolution No. 4009 October 22, 1992 Item #37 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Demonstration Project Agreement by and between the City of Lubbock and the Energy Office of the Governor of the State of Texas for the implementation of a Motor Oil Recycling Demonstration Project, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: � aril , City Secretary Acting Sally Still Abbe APPROVED AS TO CONTENT: Z' Lee Ranjirez, Sanitation Superintendent APPROVED AS TO FORM: 'D6nald G. Van$iver;yFirst Assistant City Attorney DGV:js/M0T0R0IL.RES/D1-Agenda Resolution No. 4009 October 22, 1992 Item #37 STATE OF TEXAS COUNTY OF TRAVIS I. Parties DEMONSTRATION PROJECT AGREEMENT CONTRACT #_ kvlubck/try This contract and agreement is made and entered into by the following parties: The Agency: Office of the Governor of the State of Texas Energy Office Sam Houston State Office Building 201 E. 14th Street Austin, Texas 78701 The Contractor: City of Lubbock Solid Waste Management Department P.O. Box 2000 Lubbock, Texas 79403 The parties hereto have severally and collectively agreed and by the execution hereof are bound to mutual obligations and to the performance and accomplishments of the tasks hereinafter described. II. Recitals The services to be performed under this contract are in accordance with the Recycling Program of the Energy Extension Service Plan prepared in accordance with National Energy Extension Act (Title V, Public law 95-39); the Oil Overcharge Restitutionary Act, Article 4413 (56) Vernon's Texas Civil Statutes, Sec. 3; and the State of Texas Oil Overcharge Funds Disbursement Plan. This contract is funded with Exxon Oil Overcharge Funds. III. Statement of Services The parties hereto do hereby agree that the Contractor, in consideration of the compensation hereinafter described, shall provide the services with Agency approval and/or supervision as specifically described in Attachment A, which is attached hereto and incorporated herein for all purposes. The Contractor shall submit such records, information, and reports in such form and at such times as specified in Attachment A. Rev. 5/92 Contract # Page 2 IV. Compensation and Payment For and in consideration of the delivery of the herein described services by the Contractor, the Agency agrees and covenants to provide as compensation to the Contractor an amount up to and not to exceed the sum of Forty -Nine Thousand Eight Hundred Sixteen Dollars and No Cents ($49,816.00) for reimbursement of allowable expenses incurred pursuant to the budget provided in Attachment B, which is attached hereto and incorporated herein for all purposes. Each request for payment shall be made by an approved state of Texas voucher supported by an invoice detailing expense by budget category. Said invoice shall be fully supported by actual receipts and such other documentation which in the judgment of the Agency allows for full substantiation of costs incurred. Requests for reimbursement and required performance reports shall be submitted as stipulated in Attachment A, but no more frequently than monthly. In the interest of timely administration and in accordance with Agency reporting and reimbursement guidelines, requests for reimbursement under this contract must be received by the Agency not later than sixty (60) days from the incurrence of the expense. Failure by the Contractor to comply timely with the above requirement may act to reduce the liability of the Agency to the sum of the requests for payment received as of the deadline referenced above. To ensure full performance by the Contractor, final payment in an amount equal to ten percent (10%) of the contract total shall be withheld until delivery and approval of the final report and/or all deliverables required herein. Travel shall be reimbursed under this contract only if travel is a budget category in Attachment B. If travel is included in Attachment B it shall be reimbursed at the approved state of Texas employee rate. The Contractor under this agreement shall not purchase any equipment and/or computer software unless such equipment is specified in Attachment B of this agreement or unless Contractor obtains prior written approval from the Agency. Ownership of equipment purchased under this agreement will be retained by the Contractor provided that the equipment is used in the same manner and for the same purpose as originally purchased. If the equipment is used in any other manner, ownership is transferred to the Agency. Equipment is defined as tangible personal property having a useful life of more than one year and an acquisition cost of One Hundred dollars ($100.00) or more per unit. At the discretion of the Agency and upon written memorandum to the contract file, budget flexibility within categories shall be allowed to the extent that the resulting total by any one category does not exceed one hundred ten percent (110%) of the original budgeted amount. Larger deviations shall require formal contract amendment. Rev. 5/92 Contract # Page 3 V. Inspection and Monitoring The Contractor shall permit the Agency to inspect and shall make available to the Agency for inspection any and all pertinent records, files, information and other written material pertaining to the operation of programs and expenditure of funds hereunder which is maintained by the Contractor or by any other person or other entity with whom any portion of its performance hereunder has been subcontracted. The Contractor further agrees to maintain, keep and preserve at its principal office all such records for a period of three years and make the same available to the Agency or agencies of the state and/or federal government for purposes of audit. The Contractor further agrees that the Agency may carry out monitoring and evaluation activities to insure adherence by the Contractor to the work program which is the subject of this contract and to make available copies of all financial audits and related management letters of the Contractor and any subcontractors when required under state and federal guidelines. VI. Copyright and Acknowledgment The Contractor shall not assert any rights at common law or in equity or otherwise or seek to establish any claim to statutory copyright in any material or information developed under this contract pursuant to Attachments A and B, and the Agency shall have the right to use, reproduce or publish any or all of such information and other materials without the necessity of obtaining permission from the Contractor and without expense or charge. All reports and other materials completed as a result of this contract shall carry an appropriate acknowledgment of Agency support on the front cover or title page of such document and other materials. VII. Termination Either party to this contract shall have the right to terminate by notifying the other party in writing of such termination at least 30 days prior to the effective date of termination. Upon receipt of notice of termination the Contractor shall cancel, withdraw or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this contract and shall otherwise cease to incur costs hereunder. Notwithstanding the above, such expenses as are specifically authorized in writing by the Agency to the Contractor shall be reimbursed pursuant to Article IV herein. In no event shall the Agency be liable to the Contractor or Contractor's creditors for expenses incurred after the termination date. Rev. 5/92 t i / l �- ;'�''�, � �, �'1;� Contract # Page 5 Incorporated by reference the same as if specifically written herein are the rules, regulations and all other requirements imposed by law, including but not limited to compliance with those pertinent rules and regulations of the state of Texas and those of Federal agencies providing funds to the state of Texas. XII. Funding It is expressly understood and agreed by the parties hereto that the performance on the part of the Agency of its obligations hereunder is contingent upon and subject to actual receipt by the Agency of sufficient and adequate funds from the sources contemplated by this contract. To the extent the performance of this contract transcends the biennium in which this contract is entered into, this contract is specifically contingent upon the continued authority of the Agency and appropriations therefor. XIII. Term of Contract The parties acknowledge that a number of factors including the distance between the parties and the accessibility of authorized signatories make it difficult for the parties to jointly execute this contract. Therefore, the parties hereby agree that the effective date of this contract is the 14th day of September , 1992 and that it shall continue in effect, unless terminated earlier in accordance with other provisions of this contract, until the 30th day of September, 1993. XIV. Signatory Having agreed to the terms herein, the undersigned signatories hereby represent and warrant that they are either an official of the Agency or an agent for the Contractor for which they are executing this contract and that they have full authority to enter into this contract. AGENCY: Office of the Governor Ly Harris E. Worcester Director Energy Office riay vi ATTEST: h APPROVED AS TO CONTENT: City Se etary (Acting) Sally Still Abbe APPROVED AS TO FORM: &—e Rami ez, Sanitation Superintenudan Rev. 5/92 / A stan City Attorney Contract # Page 6 ATTACHMENT A STATEMENT OF SERVICES TO BE PERFORMED A. Contractor shall perform the services described herein including the furnishing of personnel and the procurement of any equipment, supplies, and other items necessary to provide those services. The Contractor shall provide those services to the satisfaction of the Agency. The Contractor agrees to review and implement Agency recommendations so that the services may be expeditiously and satisfactorily completed. Contractor further agrees to meet with Agency at such times as the Agency may reasonably request to discuss the progress of this program and any other matters that may arise in regard to this contract. B. Contractor agrees to install and monitor performance of a recycling demonstration project in Lubbock. Contractor will address the problem of do-it-yourself oil changers by expanding the current oil recycling program; add a recycling coordinator to monitor the program; provide educational support; coordinate the compiling of data for oil recycling activities; and develop a marketing and promotional video program. C. Contractor agrees to provide the following services as required by the Energy Office during the period of this contract. The Agency may request additional records, information or reports related to the services hereinafter described and funded by the Agency pursuant to Attachment B. The services are as follows: 1. Hire a recycling coordinator. 2. Replace existing 55 gallon containers at 18 existing locations with new 250 gallon containers. 3. Produce a promotional video. 4. Market the program to the public through a multi -faceted approach to include the following: a. Distribute public service announcements (PSA) (30 seconds and 60 seconds in length) to local radio stations. Rev. 5/92 Contract # Page 7 ATTACHMENT A (continued) STATEMENT OF SERVICES TO BE PERFORMED b. Ask local television talk shows to highlight the oil recycling activities. C. Make presentations to Local Civic Organizations. d. Provide a 30 second video local television stations for airing as PSA. e. Highlight the Oil Recycling Program along with other recycling activities during Earth Day activities. 5. Submit requests for reimbursement within 60 days of incurring expenses. 6. Submit quarterly reports and a final report. 7. Provide additional information as requested by the Agency for evaluation purposes. The Contractor agrees to provide the following items and reports during the period that services are provided: Deliverables and Milestones 1. Hire a recycling coordinator 2. Purchase/install 250-gal containers 3. Produce promotional video 4. Market/Promote program 5. Monitor collection/participation 6. Progress report 7. Final report Schedule To be determined To be determined To be determined On -going On -going Quarterly September, 1993 Rev. 5/92 SALARIES 1 Lee Ramirez Solid Waste Superintendent (10% of $55,000/year) Recycling Coordinator (33 % of $25, 212/year) SUBTOTAL FRINGE BENEFITS FICA,TMRS,Insurance (25% of salaries) TRAVEL 2 Regional travel (1,310 miles @ 27.5 cents/mile) SUBCONTRACT Develop PSA SUBTOTAL SUBTOTAL SUBTOTAL ATTACHMENT B BUDGET Contract # Page 8 GEO COL $ 4,400.00 $ 1,100.00 $ 6,656.00 $ 1,664.00 $11,056.00 $ 2,764.00 $ 2,764.00 $ 691.00 $ 2,764.00 $ 691.00 $ 288.00 $ 72.00 $ 288.00 $ 72.00 $ 320.00 $ 80.00 $ 320.00 $ 80.00 1 Contractor agrees that Lee Ramirez shall be the Project Director and shall be responsible for the overall supervision and conduct of the project on behalf of the contractor. Any change of Project Director shall be subject to the prior written approval of the Agency. 2 Out-of-state travel requires prior written approval of the Agency. All travel will be reimbursed at state authorized rates. Rev. 5/92 ATTACHMENT B (continued) BUDGET OTHER DIRECT OPERATING EXPENSE Contract # Page 9 18 - 360 Gal containers @ $2,195 each $33,208.00 $ 8,302.00 plus $2,000 shipping Printing/Copying $ 200.00 $ 50.00 Office supplies $ 1,760.00 $ 440.00 Office Rent $ 180.00 $ 45.00 Postage $ 40.00 $ 10.00 SUBTOTAL $35,388.00 $ 8,847.00 TOTAL $49,816.00 $12,454.90 Rev. 5/92 STATE OF TEXAS OFFICE OF THE GOVERNOR AUSTIN, TEXAS 7871I ANN W. RICHARDS GOVERNOR The Honorable David R. Langston City of Lubbock Solid Waste Management Department P. O. Box 2000 Lubbock, Texas 79403 Dear Mayor Langston: September 21, 1992 Enclosed is a contract between the Office of the Governor and the City of Lubbock to implement a motor oil recycling program under the Hard -to -Recycle Program. Please sign and return it to: Mr. Booker White Governor's Energy Office P.O. Box 12429 Austin, Texas 78711 Should you have any questions please call me at (512) 463-1931. We will send you a copy after it has been recorded and filed in the Governor's Office. Sincerely, *'Ve� � z Kristina Velasque Program Administrator Energy Office KV:cb Enclosure POST OFFICE BOX 12428 AUSTIN, TEXAS 78711 (512) 463-Z000 Printed on Recycled Paper