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HomeMy WebLinkAboutResolution - 5205 - Contract - SPAG - Grant Funds, Yard Trimming Management Program - 07_11_1996RESOLUTION NO.5205 July 11, 1996 Item #11 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 Contract and associated documents with South Plains Association of Governments for grant funds to establish a yard trimming management program, attached hereto and 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 ---jr APPROVED AS TO FORM: D6ilai ld G. Vandiver, First Assistant City Attorney DGV:js/K-SPAG.RES ccdocs/July 1, 1996 RESOLUTION NO.5205 July 11, 1996 Item #11 THIS CONTRACT, by and between the South Plains Association of Governments acting by and through its Executive Director, hereinafter called the "Planning Agency" and the City of Lubbock hereinafter called the "Contractor;" WITNESSETH THAT: WHEREAS, the Planning Agency desires to engage the Contractor to enhance recycling activities in compliance with the regulations of Chapter 330 of the Texas Natural Resource Commission, hereinafter called the "State Agency," in response to HB 3072, 74th Texas Legislature (1995) as they relate to the support of local and regional solid waste projects, and under South Plains Association of Governments FY 1996 Contract with the Texas Natural Conservation Commission (TNRCC), number 6106020066. NOW THEREFORE, the Planning Agency and the Contractor do mutually agree as follows: Scope of Contract: The Contractor shall set up and maintain a yard trimmings management program, subject to the provisions listed in Attachment A - "Contract Supported Tasks," incorporated herein and made as part of this Agreement for all purposes. This Agreement (including the document entitled Attachment A) represents the entire Contract between the contracting parties and supersedes any and all prior contracts between the parties, whether written or oral. 2. Operation: The Contractor shall provide for the continued operation and maintenance of the project after it is established during the term of this Agreement. 3. Operation Procedures: Contractor shall establish and post operating hours and/or procedures for all aspects of this project and report any changes thereto to the Planning Agency within 30 days of those changes. 4. Compensation: It is expressly understood and agreed that in no event with the total amount paid by the Planning Agency to the Contractor under this Contract exceed $42,043.00 for full and satisfactory performance. The Contractor understands and agrees that payment for the activities of the Contract is contingent upon approval and funding by the State Agency and upon proper performance by the Contractor. 5. Audit Requirement: The Contractor understands that, in accordance with Uniform Grant and Contract Management Standards (UGCMS), the Contractor shall provide to the Planning Agency and independent audit for each fiscal year for which grant funds are provided. Copies of the audit report must be provided to the Planning Agency and the TNRCC within 30 days of the completion of the audit. 6. Method of Payment: All authorized expenses will be funded on a reimbursement basis, subject to the schedule and availability of funds from the State Agency. 7. Liability: The Contractor will undertake the activities funded under this grant using standard management practices in accordance with the provisions of Attachment A, Article 3(a). The Contractor will maintain in good working order all equipment and/or facilities funded under this Contract. Any pollution dangers will be promptly and effectively removed by the Contractor. Neither TNRCC nor the State of Texas is a party to this Contract. 8. Indemnification: The Contractor agrees to and shall indemnify and hold harmless the Planning Agency, its directors and employees, from and against any and all claims, losses, damages, including consequential damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorneys fees, for bodily injury, sickness, disease or death of any person, or from damages to any property to the extent arising out of or resulting from the negligence of the Contractor under this Contract. 9. Severability: If any provision of this Contract is held invalid, such invalidity shall not affect any other provision which can be given effect without the invalid provision, and to this end the provisions of this Contract are declared to be severable. 10. Amendments: Any amendments, modifications, or supplements to this Contract shall be in writing and shall be signed by both parties in accordance with the provisions of the State Agency Contract with the Planning Agency. IN WITNESS WHEREOF the Planning Agency and the Contractor have executed this agreement to become effective as of January 29, 1996, the date the application was formally approved by the State Agency. This Contract shall end upon successful completion of the terms -of ffm-Ee4tract, but no later than July 31,1997. APPROVED AS TO FORM—k;6 nl�k x4-%. 1A DATE Dbfiald O.-Vandiver, First Assistant City Attorney CONTRACT -SPAG PAGE 2 ATTACHMENT A CONTRACT SUPPORTED TASKS Article 1. Primary Tasks and Activities The Contractor agrees to fully utilize the resources provided by the Planning Agency under this agreement to carry out and complete those tasks and activities as set forth in this Agreement, specifically to set up and maintain a yard trimmings management program, as noted in the Project Budget and Work Plan. Article 2. Project Budget Personnel/Salaries $ -0- Fringe benefits $ -0- Travel $ -0- Supplies $ 42,043.00 Equipment $ -0- Construction $ -0- Contractual (other than construction) $ -0- Other $ -0- Total Direct Charges $ 42,043.00 Indirect Charges -0- Total Grant Funding Article 3. Implementation $ 42,043.00 (a) The Contractor must adhere to the provisions of Section 361.014 of the Texas Health and Safety Code, Title 30 of the Texas Uniform Administrative Code, Section 330.569 or the TNRCC MSW Regulations, the Contract TNRCC and South Plains Association of Governments, and the Uniform Grant and Contract Management Standards (UGCMS). (b) No equipment, facility construction, or sub -contract not specifically included in this Contract will be funded without prior written permission from the Planning Agency. If specific details of any equipment expenditures, facility construction, and subcontracts are not included in this Contract, those details must be approved in writing by Planning Agency prior to the Contractor incurring those expenses. (c) Extensions of deadlines for completing phases of the project as described in the Work Plan due to extenuating circumstances must be authorized in advance of associated deadlines in writing by the Planning Agency. In no case will any extension exceed the Contract ending date. (d) Failure of the Contractor to comply with the conditions set forth in this Contract shall be the basis for the termination of the Contract and/or revocation of any unexpended or inappropriately extended funds. CONTRACT-SPAG PAGE 3 Article 4. Work Plan Timeline Component Within 10 days of contract execution - completion date July 31, 1997. Within 10 days of contract execution - completion date September 1, 1996. Article 5. Documentation of Results Don't Bag It Program - Begin to develop, schedule and conduct education programs. Set up demonstration lawns. Create and implement monitoring system. Backyard Composting: Bid out and purchase bins. Set up and conduct public events for dissemination of bins. Revise and distribute outreach materials. Create and implement monitoring system. The Contractor will provide to the Planning Agency documentation of the results of the project in actual amounts or reasonable estimates, as appropriate, twice yearly during the term of this Contract or as requested by the Planning Agency. Additionally, the Contractor will provide such information at least annually thereafter for as long as the equipment or program is in service. Article 6. Disbursement of Funds All expenditures shall be on a reimbursement basis only. The Contractor must submit photocopies of properly executed invoices used for the purchase with any request for reimbursement. The Planning Agency will only reimburse expenses incurred during the term of the pass -through grant. Expenses incurred prior to or after the term of the grant will be the responsibility of the Contractor. Article 7. Title to/Ownership of Facilities and/or Equipment. The Contractor will retain full ownership and title to all equipment or facilities constructed through the use of funds supplied by this Contract with the following conditions: (1) The Contractor will not sell or transfer title or assign security interest to any equipment or facility purchased with funds provided by this Contract, without prior written permission from the Planning Agency, within six years of the initiation date of this Contract. (2) The Contractor is subject to the provisions of ARTICLE 7 "Title to And Management of Equipment and Constructed Facilities" of the Texas Natural Resource Conservation Commission Contract with the Planning Agency. CONTRACT -SPAG PAGE 4 Article 8. Public Information Release (a) The Contractor agrees to notify the Planning Agency prior to releasing any information to the news media regarding the activities being conducted under this Contract except as otherwise provided in this Contract. All data and other information developed under this Contract shall be considered public information unless exempted by existing legislation. Exempt information developed under this Contract shall not be provided to any organization other than the TNRCC without written permission from the Planning Agency. (b) The Contractor shall acknowledge the financial support of the original funding agency whenever work funded, in whole or part, by this Contract is publicized or reported in news media or publications. All reports and other documents completed as part of this Contract, other than documents prepared exclusively for internal organizational use, shall carry the following notation on the front cover or title page: "PREPARED IN COOPERATION WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION" DGV:js/K-SPAG.DOC D7-ContsAgmts/June 28,1996 CONTRACT-SPAG PAGE 5