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HomeMy WebLinkAboutResolution - 5620 - Contract - TNRCC - Used-Oil Collection Program Assistance - 09_11_1997Resolution No. 5620 Item #26 September 11, 1997 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 Contract, attached herewith, and any associated documents, by and between the City of Lubbock and The Texas Natural Resource Conservation Commission for assistance with the City's used -oil collection program, which Contract 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 11th day of �PnrPmS,pr ALEX "TY" COOKE MAYOR PRO TEM A TEST: ay V Darnell, City Secretary APPROVED AS TO CONTENT: Mildred Cox, Managing Director of Transportation APPROVED AS TO FORM: G.. Vandiver, First Assistant City Attorney dalmdo sfTNRCC.res September 2, 1997 I gn-7 Resolution No.5620 Item #26 September 11, 1997 TNRCC Contract Number 71.21.0001.08 THE STATE OF TEXAS § COUNTY OF TRAVIS § ASSISTANCE GRANT CONTRACT THIS ASSISTANCE GRANT CONTRACT ("Agreement") is entered into by and between the parties named below. I. PARTIES: The Funding Agency:.Iexas Natural Resource Conservation Commission ( T- RC.C) The Funds Recipient: City of Lubbock II. FUNDING AGENCY SPONSORED TASKS TO BE PERFORMED: See "Attachment A - Funding Agency Supported Tasks" III. ELIGIBLE COSTS AND PAYMENT PROCEDURES: See "Attachment B - Eligible Costs and Payment Procedures" IV. ASSISTANCE GRANT CONTRACT AMOUNT: The FUNDING AGENCY's (TNRCC's) total obligated amount under this Agreement is 18.172.Q0 Funds available under this Assistance Grant Contract are intended to pay 9& for those costs directly related to the performance of tasks set forth in Exhibit 1 to Attachment A of this Agreement, payment of which is further described and authorized in Attachment B (Eligible Costs and Payment Procedures) of this Agreement. The FUNDS RECIPIENT is responsible for ensuring that any TNRCC-approved changes to, or deviations from these requirements are confirmed or ratified, in writing, as specifically required under Article 12 of Attachment C (Additional Contract Provisions) of this Agreement. V. ADDITIONAL ASSISTANCE GRANT CONTRACT PROVISIONS: See "Attachment C - Additional Contract Provisions" VI. ATTACHMENTS: Attachments A - C including Exhibits, are attached to this Agreement and are hereby incorporated herein and made a part of this Agreement for all purposes. VII. TERM OF GRANT CONTRACT: This Agreement is effective (begins) August 28, 1997, and shall terminate on July 31, 1998. The Texas Natural Resource Conservation Commission (TNRCC) certifies that it has the authority to contract for the above performances by authority granted under the Current Appropriations Act, §5.229 of the TEXAS WATER CODE; Section 371.061 of the "Solid Waste Disposal Act," TEXAS HEALTH AND SAFETY CODE; and Senate Bill 1683 enacted by the 74th Texas Legislature. TNRCC Contract No. 7/21000108 Page 2 FUNDS RECIPIENT Lain ALEX ' TY'•'COOYE (Printed Name) a Lubbock --jt&'z IR PRn Im 0--LYmBoa (Title) Date: ATTEST: / �- j 1 4w�lu� Kayth' amell, City Secretary APPROVED AS TO CONTENT: Mildred Cox, Managing Director of Transportation APPROVED AS TO FORM: Do ald G. Vandiver, First Assistant City Attorney TNRCC Contract No. 7121000108 Page 3 FUNDING AGENCY Texas Natural Resource Conservation Commission LO Date; Latrice Hertzler (Printed Name) Section Manager (Title) TNRCC Contract No. 7121000108 page 4 ATTACHMENT A FUNDING AGENCY SUPPORTED TASKS ATTACHMENT A FUNDING AGENCY SUPPORTED TASKS ARTICLE 1. TASKS TO BE PERFORMED (a) As a result of the awarding of this Assistance Grant, the FUNDS RECIPIENT agrees to perform all activities described in the Proposal submitted to the FUNDING AGENCY (see Exhibit 1 to Attachment A). All activities performed with funds provided under this Agreement shall be related solely to develop and implement a household do-it-yourselfer (DIYer) used oil program that encourages the collection, reuse, and recycling of household DIYer used oil. (b) Under the terms of this Agreement, the FUNDS RECIPIENT shall maintain records and periodically report to the FUNDING AGENCY information as specified below in Article 2 of this Attachment. ARTICLE 2. PROGRESS REPORTS (a) Using the report forms provided by the FUNDING AGENCY (see Exhibit 2 to Attachment A), the FUNDS RECIPIENT shall submit two copies each of four progress reports. Such reports must be received by the due dates indicated below: 1 st Report - Due no later than Dec. 20, 1997 2nd Report - Due no later than March. 20, 1998 3rd Report - Due no later than June 20, 1998 Final Report - Due no later than Sept. 15, 1998 (b) All progress reports shall be mailed or delivered to the attention of Brenda Richter, Used Oil and Used Oil Filter Recycling Unit, at the following address: Texas Natural Resource Conservation Commission Municipal Solid Waste Division P. O. Box 13087 / MC-125 Austin, Texas 78711-3087 (c) The various reports required under this Article are in addition to the Financial Status Reports required under Article 3 of Attachment B (Eligible Costs and Payment Procedures) to this Agreement. ARTICLE 3. CHANGES (a) A major change will include one or more of the following: (1) An increase or decrease in the amount of compensation to the FUNDS RECIPIENT; (2) An extension or shortening of the term of the Contract; TNRCC Contract No.7121000108 Attachment A, Page 1 (3) A change to the overall scope of the Work Program (Exhibit I to this Attachment); (4) Any action that is beyond the authority of the Executive Director or the Authorized Representative of the FUNDING AGENCY. (b) Implementation of a major change must be preceded by a formal written amendment to the Contract. The amendment must contain a description and justification of the proposed change and the formal signature of both the Executive Director of the FUNDING AGENCY or his delegate and the Authorized Representative of the FUNDS RECIPIENT. Any amendment that will exceed the contractual authority of the Executive Director of the FUNDING AGENCY also requires the consent of a majority of Commissioners of the FUNDING AGENCY. (c) Any proposed change that is not a major change may qualify as a minor change. Such change does not require a formal amendment to the Contract. At his or her discretion, the Authorized Representative of the FUNDING AGENCY may require the FUNDS RECIPIENT to submit a written request for the change and a description of the activity or action proposed. In either case, no authorization shall be effective unless it is followed by a letter from the Authorized Representative of the FUNDING AGENCY ratifying the authorization. A copy of the letter must be retained in the appropriate file of both the FUNDS RECIPIENT and the FUNDING AGENCY. (d) If the FUNDS RECIPIENT requests a minor change and the Authorized Representative of the FUNDING AGENCY does not approve the request as a minor change, then the change shall be deemed a major change and the FUNDS RECIPIENT may only obtain authorization to proceed in accordance with Section (b) of this Article. ARTICLE 4. ADDITIONAL REQUIREMENTS (a) The FUNDS RECIPIENT agrees to release all claims to any savings which may be realized in the acquisition of the services and equipment identified and approved for funding in Exhibit 1 to this Attachment and which are funded under this Contract. If requested in writing, TNRCC reserves the right to recover those savings. The FUNDS RECIPIENT agrees to enter into an amendment under this Contract, in accordance with Attachment C, Article 12, to reduce the contract amount of this Contract if TNRCC elects to recover the savings. (b) All construction undertaken or carried out under this Contract shall be in compliance with all applicable federal, state, and local laws, regulations and codes. (c) In order to make maximum use of grant funds for public education and promotion and to ensure maximum media coverage of outreach efforts, the FUNDS RECIPIENT shall: (1) Provide specific information to the TNRCC concerning proposed public education materials to avoid duplication of effort with the TNRCC's statewide public education effort; (2) Use camera-ready art developed and provided by the TNRCC for TNRCC Contract No.7121000108 Attachment A, Page 2 promotional materials such as flyers, utility bill inserts, brochures, driver's license reminder inserts, and brochures, if appropriate; (3) Allow the use of the name and a description of the program in the TNRCC informational materials or media programs; (4) Include the following credit on any media coverage of the program: "This used oil collection effort is funded in part by a grant from the Texas Natural Resource Conservation Commission in partnership with the oil and gas industry"; (5) Inform the TNRCC, at least five (5) working days in advance, of any planned media coverage of programs funded under this grant program in order to allow TNRCC the opportunity to become involved in such coverage; (6) Identify through signage that the program was made possible by funding from the TNRCC in partnership with the oil and gas industry; and (7) Ensure that all program education and promotion is preapproved by the TNRCC in writing, prior to grant monies being expended or encumbered. (d) FUNDS RECIPIENT agrees that ongoing operating and maintenance costs of equipment shall be the FUND RECIPIENT'S responsibility and agrees to maintain all grant -funded equipment and facilities in good condition. (e) FUNDS RECIPIENT agrees to maintain current inventory records on all equipment purchased under this Grant Contract. TNRCC Contract No.7121000108 Attachment A, Page 3 ATTACHMENT A Exhibit 1 Work Program Solid Waste Management City of Lubbock P.O. Box 2000 Lubbock, Texas 78457 806-7E7-24135 TO: Josalyn Rawlins, Grants Coordinator Texas Natural Resource Conservation Commission Municipal Solid Waste Division P.O. Box 13087/MC 124 12015 Park 35 Circle Building F, Room 1206 Austin, TX 78763 (512) 239-6698 FROM: Kevin Kohn, Superintendent of Solid Wash` City of Lubbock P.O. Box 2000 Lubbock, TX 79457 (806)767-2482 SBJ: Transmittal Letter, 97 Used Oil Grant Application Packet CONTACT INFORMATION: Wayne Geilhausen, Recycling Coordinator City of Lubbock Solid Waste Department P.O. Box 2000 Lubbock, TX 79457 (806)767-2478 ALTERNATE CONTACT INFORMATION: Debra Frankhouser, Assistant Solid Waste Superintendent City of Lubbock Solid Waste Department P.O. Box 2000 Lubbock, TX 79457 (806) 767-2486 This application is not a "First Time Funded Program." SECTION 5(b) PROPOSED WORK PROGRAM The City of Lubbock established a household do-it-yourselfer (DIYer) used oil program in 1991. To ensure ease of advertising the program and convenient locations throughout the city, the city established 17 drop-off locations with 13 of these sites located at Fire Stations. The City of Lubbock will soon construct and open 3 new fire stations. This grant will be used to construct used oil collection centers at these new fire stations, upgrade the remaining sites and expand the used oil collection public education program. The largest portion of this grant request is for public education and advertising as we feel that the best way to maximize the utilization of the used oil collection sites is through an expanded public awareness and education program. All of these activities will contribute to the goal of this grant program to expand programs to collect more oil. The targeted education and promotion push for the used oil 1 oil filter program will begin in mid September and continue through November. (This timeline can be adjusted depending on when this grant is awarded.) During September, the Buddy Holly Festival and the South Plains Fair provide a wonderful opportunity to contact tens of thousands of residents and pass out information and explain the importance of used oil 1 oil filter recycling and how citizens can participate. Local radio PSA's will be scheduled during this time to reinforce the importance of used oil recycling and spread the message that Lubbock encourages recycling. Other events that will provide excellent educational opportunities are the Fiestas (September) and the Farmers Stockman Show (October). The annual Chamber of Commerce Business Expo and other such events provide opportunities throughout the year to hand out information on the used oil program and get the community involved. The used oil program will also be taught to children during class visits and other presentations made to schools. Coloring books and other such materials will help educate children and help them begin a lifetime habit of saving our planet "One Drop at a Time ATTACHMENT A Exhibit 2 Used Oil Progress Report Form Funds Recipient Contract Number Term of Grant Period of Report Texas Natural Resource Conservation Commission Used Oil and Used Oil Filter Recycling Program (MC 125) P.O. Box 13087, Austin, Texas 78711-3087 (512) 239-6695 USED OIL PROGRESS REPORT FORM TASKS IN PROGRESS TASKS STATUS .:S .. i�• .}t ..4 tii•.. ::.}::+_fiC::: .; X-}:,.: a:.Li.}},v .i:dC•ii:r.•..}xv.:.v. %•}}}: •%. }.... v.:{:v2•;..}-•::,... :}:.}}.:y:.sv r:} :::.• .: 'i' •:sn.v�.1.. ��.y:�.,riT .:.v: 7�( y� �•<y"''y'';i,v .1.....'p> yy�y'�`� �{� -:.:C :} ` :.f:-::y;'"`'y(::±i� ,r::X/...a..iA•'?�'A9M./1:�;' W.iAi{i+fAi• •.,-S:•:.�fM�:'•�} ..:.:...:.........::::::.:::•:.v:::::•:},n.!?Riv::.;:: .v:,•}�,.�,.,.•,.,.:•::..:.v: .:.:'::.v. ::.: .•:} ...�.... ::v: nv-.v.-:: r::: v:v:,v:}n•::::.:.vn^v:::::::'.,.,,.,,,i�r,•..;v::.[:•Y}'.. {.} .:.:.v':'it ::L.}�2✓.':»:i}'•ir r.�:ti`:�^:.: n. is Uv.}:i�i:: r?{k�hry.: }�:.i#-';iJ}'4i::j::i'i%?i: tiv:n::Y,.;}.i: Descr,ptiaa Date Completed .: TASKS DELAYED UNANTICIPATED EVENTS OR DEVELOPMENTS Describe the unanticipated event or development and its projeced impact. Provide an updated work program or timeline. Indicate any budgetary changes required. (TNRCC's authorized representative will decide if an amendment or minor contract change is necessary) USED OIL COLLECTION LOCATIONS ESTABLISHED UNDER THIS GRANT •: i?: •..fi:{n!:..v-.:.� •; �:;:•r.!'•: !7::.!: n3:;>:::;'Fi:'.:':i:i; :......�.:'.'-?'s:i.i::::: •....... i �::�:?�:. , }:i.i.:v....,..... j��yyin:.v. �::v.v........,. .,::. '':�•:v41! M.W..}.'�Nf[•i:}�:n�`i:�v:. .•:: `.9}A!�:y .........:, .:...{....... ..... .v...,.:.n.........,.......... .... •.... ..............:.:: :.::::.::..:.... 1S': `•........ .......... "., ..: 'ti::, ::•.....ter, r.:.???:i.::..::!•:::. *Please attach samples of any public education/promotional items purchased through this grant. Texas Natural Resource Conservation Commission Used Oil & Used Oil Filter Recycling Program (MC 125) P.O. Box 13087, Austin, Texas 78711-3087 •(512) 239 - 6695 REGISTRATION FOR USED OIL/USED OIL FILTER COLLECTION CENTERS the t rvxt t.. rou must post ana mauttam aurame ana that you are a public or household used oil collection center. All Registrations expire December 31 of even numbered years Does this facility have any other TNRCC or TDH ID number(s)? YES NO If yes. list: State Tax ID M Phone County Name of Collection Facility: blailing Address (street/P.O. box, city, state, zip): Physical Address/Collection Center Location (street, city, state, zip). Authorized On -site (Local) Representative I Title Tax ID N Phone County Name: Address (street/P.O. box, city, state. zip): Retailer Collection Center for Other Generators (Nod -households, Collection Center for householdsldo-it-yourselfers such as other businesses. governments, service stations. (You must collect used oil from do-it-yourselfers to Service etc.) be exempt from the automotive oil fee.) Retail/Service Distributor Other (Describe) Used Oil Used Oil Filters slow much do you charge? Anti -Freeze Batteries Freon Other (List). &low -ground storage? Yes No If yes, capacity in gallons: Above -ground storage? Yes No If yes, capacity in gallons: ..... .....::' .... .,. ... ... ......... ............n. .......... ,....x..r............................,..v..........::.... ..... n.............:.....,.Rg:'4'}�";:::iS::'''•.;•`,?•. ....v:;;.::r: f.;riur,.i:.:5;::•:.2 .::,...::...:.,.ti 1..)j y�yy}��� ��y(�■/may. 1}}�'::' .iY�.:1./.�:Iiil:��..li:Ruiti:-�T�Rif 7:4T-�::•?:•',-:: Capacity in gallons of used oil Filter Storage: _ PLEASE COMPLETE BACK OF PAGE SIGNATURE OF APPLICANT MUST BE NOTARIZED ON THE BACK OF THIS DOCUMENT BEFORE APPLICATION IS CONSIDERED TO BE COMPLETE. INCOMPLETE APPLICATIONS WILL NOT BE PROCESSED. FOR FACII-I'M WITH MULTIPLE LOCATIONS, A SINGLE NOTARIZED COVER LETTER LISTING ALL THE FACILITIES COVERED BY THE NOTARIZATION MAY BE SUBMITTED WITH THE MULTIPLE APPLICATIONS. CERTIFICATION STATEMENT I certify that the above information is true and correct to the best of my knowledge, and that I will abide by any State or Federal rules, regulations and laws governing the collection, management and recycling of used automotive wastes. Affiant Printed Name Affiant Signature/Statement Given By SWORN TO AND SUBSCRIBED before me on the day of ,19 My Commission expires: Notary Public Notary's Printed Name TNRCC-0533 112/31196) ATTACHMENT A Exhibit 3 Registration, for Automotive Waste Collection Center Report Form ATTACHMENT B ELIGIBLE COSTS AND PAYMENT PROCEDURES ATTACHMENT B ELIGIBLE COSTS AND PAYMENT PROCEDURES ARTICLE 1. AUTHORIZED ASSISTANCE GRANT CONTRACT BUDGET (a) The total FUNDING AGENCY obligation for expenses (costs) authorized under this Assistance Grant Contract shall not exceed the "Maximum FUNDING AGENCY Obligation" amount set forth in Item IV, page 1 of this Agreement. (b) Reimbursable expenses and/or activities authorized under this Agreement are as follows: Equipment ......................$ 0 Supplies ....................... 922 (Includes funds for absorbents) Contractual ..................... 0 Construction .................... 1,050 (Includes fiends for conlalnment pads) Other ......................... 6,200 (Includes finds for pre-approvedpublic education material) TOTAL PROJECT COSTS....... $8,172.00 FUNDING AGENCY'S Share... $8,172.00 (c) If the FUNDS RECIPIENT determines that changes or adjustments to any of the current budget category amounts are likely to be necessary, the FUND RECIPIENT's Authorized Representative shall contact the FUNDING AGENCY's Authorized Representative, identified in Exhibit 1 to Attachment C of this Agreement, and request advice as to whether an amendment or minor contract change should be formally requested. (d) Representatives of the FUNDING AGENCY shall be allowed to inspect and copy financial documents, and any other data or records related to the grant project in accordance with Article 14 of Attachment C (Additional Contract Provisions) of this Agreement. The FUNDING AGENCY may conduct one or more formal evaluations of the grant project. During such evaluation(s), the FUNDING AGENCY may require the physical presence of the FUND RECIPIENT's Authorized Representative, in order to provide answers to questions and other information pertinent to the project. . (e) The provisions of this Article shall apply in addition to any other standards for budget changes required elsewhere in this Agreement or by applicable law. TNRCC Contract No. 7121000108 Attachment B, Page 1 ARTICLE 2. PAYMENT PROCEDURES AND REPORTS (a) In order to obtain reimbursement for those expenditures authorized under this Grant Contract, the FUNDS RECIPIENT shall submit, no more frequently than once per month, a completed copy of a STATE OF TEXAS PURCHASE VOUCHER (Comptroller of Public Accounts Form 73-170) [see Exhibit 1 to this Attachment]. Each submitted purchase voucher shall be accompanied by a properly completed FINANCIAL STATUS REPORT (TNRCC Form 269a)[see Exhibit 1 to this Attachment] that clearly indicates, for each of the authorized budget category amounts provided under Article 1 of this Attachment, the following: (1) The FUND RECIPIENT's expenditures or encumbrances for the report period; (2) The FUND RECIPIENT's cumulative expenditures or encumbrances with respect to each budget category; and (3) The balance remaining in each category. (b) All requests under this Agreement for reimbursement of expenditures that fall within either the "Equipment" or "Contractual" budget categories shall be itemized, by the FUNDS RECIPIENT, on TNRCC Supplemental Form 269a-1 (see Exhibit 1 to this Attachment). In addition, the FUNDS RECIPIENT shall attach to the Financial Status Report, for each "Equipment" or "Contractual" item listed, legible documentation (copies of invoices marked paid, purchase orders, etc.) issued by the contractor or vendor providing the products or services that substantiate the expenditure amount and such items must be related to tasks listed in Article 1 of Attachment A and indicate the site/center the costs were for.. (c) The FUNDS RECIPIENT, when reporting expenditures covered under the "Supplies", "Construction", or "Other" budget categories of this Agreement, shall itemize such expenditures on TNRCC Supplemental Form 269a-2 (see Exhibit 1 to this Attachment). The required listings shall be submitted together with the corresponding Financial Status Report. All expenses related to these budget categories that have a line item (itemization) cost of $500 or more, for the report period in question, shall be further documented by attaching to the submitteed report legible copies of invoices marked paid, purchase orders, etc., issued by the contractor or vendor providing the products or services that substantiates the expenditure amount and such items must be related to tasks listed in Article 1 of Attachment A and indicate the site/center the costs were for. (d) To be eligible for reimbursement under this Agreement, a cost must have been incurred and paid by the FUNDS RECIPIENT within the time period indicated in Box 9 of the Financial Status Report, or incurred within the time period indicated in Box 9 of the Financial Status Report with the intent to pay in full by not later than 20 days following receipt of reimbursement from the TNRCC, or 20 days after receipt of a bill or invoice from the subcontractor or supplier, whichever occurs later. (e) Vouchers, Financial Status Reports, cost lists and required receipts and/or invoices shall be TNRCC Contract No. 7121000108 Attachment B, Page 2 mailed or delivered to: Municipal Solid Waste Grants Coordinator Municipal Solid Waste Division --MC 124 Texas Natural Resource Conservation Commission P.O. Box 13087 Austin, Texas 78711-3087 ARTICLE 3. FUNDING EXCLUSIONS The FUNDS RECIPIENT is not authorized to be reimbursed under this Agreement for activities or expenses not directly related to this project or to the fulfillment of the purpose of this project. Some specific activities and expenses that are excluded from funding under this agreement include the following: (1) Salaries, Fringe Benefits, Travel, or Indirect. Salaries, fringe benefits, travel expenses or overhead (indirect) expenses of employees or management of the proposer are not eligible for reimbursement, regardless of whether those expenses occurred during a construction process. (2) Land Purchase. Grant funds may not be used for acquiring land or an interest in land. (3) Computer Hardware. Grant funds may not be used for the purchase of any computer equipment. (4) Procurement of multi -use vehicles. Grant funds may not be used to purchase multi -use vehicles.' (5) Oil Filter Crushers. Grant funds may not be used to pay for Oil Filter Crushers or the costs associated with the collection and removal of used oil filters. (6) Parking, Fencing, Site Access. Grant funds may not be used to cover costs for road or street repair or construction, fencing, and parking lots. (7) Legislative Lobbying. Grant funds may not be used for the purpose of lobbying for or against any particular legislation or legislative initiative. (8) Supplies or Office Equipment. Grant funds may not be used for purchase of supplies or office equipment. (9) Entertainment. Grant funds may not be used for purchase of entertainment, food, or drink. (10) Legal fees. Reimbursement of legal fees is not authorized. Trailers that are to be used solely for collection and transportation of used oil is an allowable expense. TNRCC Contract No. 7121000108 Attachment B, Page 3 ARTICLE 4. OTHER REQUIREMENTS (a) The FUNDING AGENCY reserves the right to withhold or suspend payment of funds awarded due to incomplete, incorrect, or inconsistent reports or tasks until the FUNDS RECIPIENT satisfactorily completes, revises, or corrects the required services or reports. The FUNDING AGENCY also reserves the right to require the refund of any overpayments determined as a result of any audit or inspection of records kept by the FUNDS RECIPIENT concerning the Agreement supported tasks to be performed. (b) With respect to any expense, item, or activity identified or listed by the FUNDS RECIPIENT on TNRCC Form 269a or on TNRCC Supplemental Forms 269a-1, and 269a-2 (refer to Article 2 of this Attachment), the FUNDING AGENCY reserves the right to require from the FUNDS RECIPIENT additional information concerning the nature or purpose of the expense, item, or activity and why the expense, item, or activity was necessary for the successful performance of one or more of the grant supported tasks set forth in Attachment A to this Agreement. Only in those instances where the FUNDING AGENCY determines that the reported expense, item, or activity satisfies the specific requirements of this Agreement shall payment or reimbursement be authorized by the FUNDING AGENCY. (c) The FUNDING AGENCY shall not be liable for any costs incurred by the FUNDS RECIPIENT in the performance of this Agreement if such costs are not billed or reported to the TNRCC within forty-five (45) days after the termination date of this Agreement. (d) Failure on the part of the FUNDS RECIPIENT to comply with the conditions set forth in this Agreement shall be the basis for termination in accordance with Article 5 of Attachment C (Additional Contract Provisions) of this Agreement and/or the revocation of any unexpended or inappropriately expended funds. TNRCC Contract No. 7121000108 Attachment B, Page 4 ATTACHMENT B Exhibit 1 State of Texas Purchase Voucher and TNRCC Forms 269a, 269a-1, and 269a-2 For Use in Preparing Required Financial Status Reports TEXAS NATURAL RESOURCE CONSERVATION COMMISSION FINANCIAL STATUS REPORT 1. STATE AGENCY ORGANIZATIONAL UNIT TO WHICH REPORT IS SUBMITTED: MUNICIPAL SOLID WASTE DIVISION (TNRCC) 2. GRANT/CONTRACT TITLE: 3. PAYEE IDENTIFICATION NUMBER: 4. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS, INCLUDING ZIP CODE): S. TNRCC CONTRACT NUMBER: 6. FINAL REPORT: ❑ YES ❑ NO 7. ACCOUNTING BASIS: ❑ CASH ❑ ACCRUAL 8. TOTAL PROJECT/GRANT PERIOD: 9. PERIOD COVERED BY THIS REPORT: FROM TO FROM TO 10. BUDGET CATEGORIES: Approved Project Cost Cumulative Balance ** Budget This Report Project Cost a. Personnel b. Fringe Benefits c. Travel d. Supplies e. Equipment f. Contractual g. Construction h. Other i. Total Direct (Sum a - h) J. indirect Charges k. Total (Sum of i a j) t List (Itemize) on the appropriate form all component expenses comprising the total for each of these categories. Please attach receipts, as required, in accordance with Attachment B of your contract. t� Negative balances in any of the budget categories should be explained in a brief accompanying narrative. 11. CERTIFICATION i certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award documents. Signature of Authorized Certifying Official Typed or Printed Name and Title Telephone (Area code, number and ext.) Date Submitted TNRCC Form 269a (4/25/94) ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS EQUIPMENT PURCHASES (during this report period) NUMBER PURCHASED ITEM DESCRIPTION (Should match description provided for approval) UNIT COST TOTAL COST OTAL EQUIPMENT EXPENDITURES (Must agree with line 10e on Form 269a) ; GUN I KAU I UAL LAHtNUI I UKLS (during tnlS report penoal SUBCONTRACTOR (NAME) I FOR COST (THIS PERIOD) NTOTAL CONTRACTUAL EXPENDITURES (Must agree with line 10f on Fort 269a) 1 $ 11 • LEGIBLE RECEIPTS, IF REQUIRED, MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE. TNRCC Supplemental Form 269a-1 (611194) t (See Attachment B of Contract for Additional Details) ITEMIZATION OF SUPPLY, CONSTRUCTION AND OTHER COSTS SUPPLIES PURCHASED (during this report period) NUMBER PURCHASED ITEM DESCRIPTION UNIT COST TOTAL COST TOTAL SUPPLY EXPENDITURES (Must agree with line 10d on Form 269a) $ CONSTRUCTION COSTS (during this report period) DESCRIPTION PURPOSE COST (THIS PERIOD) TOTAL CONSTRUCTION COSTS (Must agree with line 10g on Form 269a) $ OTHER EXPENDITURES (during this report period) NUMBER PURCHASED DESCRIPTION UNIT COST TOTAL COST TOTAL EXPENDITURE AMOUNT (Must agree with line 10h on Form 269a) $ "LEGIBLE RECEIPTS, IF REQUIRED, MUST BE ATTACHED FOR LISTED EXPENDITURES WHICH EQUAL OR EXCEED $500. TNRCC SuDDlemental Form 269a-2 (611194) (See Attachment B of Contract for Additional Details) ITEMIZATION OF PERSONNEL/SALARY AND TRAVEL COSTS PERSONNEL/SALARY EXPENDITURES (during this report period) EMPLOYEE NAME TITLEIPOSITION SALARY (THIS PERIOD) OTAL PERSONNELISALARY EXPENDITURES {must agree with line 10a on Form 269a) 3 TRAVEL t:XF hNUITUKt:b (Ourinp tnis re AL TRAVEL EXPENDITURES (Must with line 10c on Form COST (THIS PERIOD) SUPPLEMENTAL DOCUMENTATION (time sheets, travel receipts, etc.) IS NOT REQUIRED TO BE ATTACHED TO THIS FORM. TNRCC SUDDlemental Form 269a-3 (6/1194) (See Attachment B of Contract for Additional Details) ATTACHMENT C ADDITIONAL CONTRACT PROVISIONS ATTACHMENT C ADDITIONAL CONTRACT PROVISIONS ARTICLE 1. RESPONSIBILITY OF THE GRANTEE A. GRANTEE shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all activities conducted by the Funds Recipient under this Agreement. B. Funds Recipient shall conduct such activities as may be necessary to accomplish the goals set forth in Fund Recipient's Application, in accordance with this Agreement and the requirements of the TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (hereinafter referred to as "TNRCC" or "FUNDING AGENCY"), as well as any and all applicable law and to ensure that they fulfill the purposes of this Agreement. C. Neither the TNRCC's review, approval, or acceptance of, nor reimbursement for any of the eligible activities set forth in Fund Recipient's Application shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement; and the Funds Recipient shall be, and shall remain, liable in accordance with applicable law for all damages to the TNRCC, including reasonable attorney's fees and court costs, caused by the Fund Recipient's negligent performance or non-performance of any of the activities conducted by Funds Recipient under this Agreement. D. Funds Recipient shall indemnify and hold harmless to the extent allowed by law the TNRCC and its directors, officer, employees, agents, and assigns from and against all fines, penalties, claims, damages, losses, settlements, liability and costs and expenses incidental thereto (including costs of defense, settlement, and reasonable attorney's fees) which any or all of them may hereafter incur, be responsible for or pay out as a proximate result of: 1. the negligent or reckless acts or omissions, or willful misconduct of the Funds Recipient or Fund Recipient's officers, directors, partners, employees, agents or others employed by Funds Recipient as consultants, subcontractors, or suppliers (or their agents, or employees) in the performance of activities under this Agreement; 2. Fund Recipient's failure to comply with a covenant, warranty, or representation, including representations made within Fund Recipient's Application; 3. Fund Recipient's failure to comply with any federal, state, or local law, regulation, or ordinance, applicable to the conduct of activities under this Agreement; 4. any claim that the TNRCC was negligent in awarding a grant to Funds Recipient; or 5. bodily injury (including death) to the Fund Recipient's own employees or subcontractors suffered as a result of the Fund Recipient's conduct of activities under this Agreement. E. This indemnity obligation shall apply regardless of whether or not such claim, damage, loss, demand, judgment, expense or fee arises under or by virtue of the Solid Waste Disposal Act, Texas Health & Safety Code §§361.001 et seq. F. This obligation shall not be apportioned according to contribution, in negligence or otherwise, but shall apply to the entire such claim, damage, loss, demand, judgement, expense, or fee, regardless of whether it is caused in whole or in part by a party indemnified hereunder (including the negligent act or omission of the TNRCC or its employees). G. The TNRCC's employees are subject to liability only as provided by TX. Civ. Pract. & Rems. Code § § 104.001 et seq., and are not acting on behalf of or as agents of the Funds Recipient. H. Nothing in this Agreement shall be deemed to constitute a waiver of the state's sovereign immunity, which is Additional Contract Proviaione Attachment C, Page 2 hereby reserved to the state, or of any other right given to the state by law or by this Agreement. I. This covenant shall survive the termination of this Agreement. J. The obligations of the Funds Recipient under this Article are in addition to the Fund Recipient's other express or implied assurances under this Agreement or applicable law and in no way diminish any other rights that the TNRCC may have against the Funds Recipient. K. Nothing in this Agreement shall operate to transfer from the Funds Recipient to the TNRCC any liability incurred by the Funds Recipient in accordance with applicable law for any and all bodily injury, disease, or death of third persons or loss of or damage to property of third persons arising out of or incident to the activities conducted by Funds Recipient, including but not limited to, the activities conducted by Fund Recipient's subcontractors. ARTICLE 2. LICENSES, PERMITS AND LAWS The Funds Recipient shall be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes and regulations, in connection with the activities conducted under this Agreement. ARTICLE 3. OPERATIONS REPORTS The Funds Recipient shall submit any quarterly operations or annual reports required by the Request for Applications no later than twenty-one (21) calendar days following the close of the reporting period. ARTICLE 4. PAYMENT A. Requests for reimbursement must be submitted on one (1) copy of a properly completed State of Texas Purchase Voucher and must be accompanied by a Financial Status Report, both on forms as furnished by TNRCC. The voucher shall clearly indicate, for each category of expense in Attachment B, the Fund Recipient's expenditures for the period in question, the Fund Recipient's cumulative expenditures to date, and the balance remaining in each category following reimbursement of the amount being requested. Vouchers shall contain sufficient detail for audit thereof, and shall be sent to the individual indicated in Attachment B. B. Upon approval by the FUNDING AGENCY of each payment request, payment shall be made to the Funds Recipient as soon as practicable of the approved amount, less all previous payments. C. Final payment under this Agreement or settlement upon termination shall not constitute a waiver of the FUNDING AGENCY's claims against the Funds Recipient arising under this Agreement. D. FUNDING AGENCY may, in its discretion, withhold payment or terminate pursuant to Article 5 (TERMINATION) of this Agreement, for any non-compliance by Funds Recipient, including, but not limited to, failure to timely submit reports; failure to provide access to the site or to records; failure to maintain qualifying criteria during the Grant Term. E. The FUNDING AGENCY may require the reimbursement of any over -payments determined as a result of any audit or inspection of records kept the Funds Recipient on activities conducted under this Agreement. ARTICLE 5. TERMINATION A. This Agreement shall terminate upon full performance of all requirements contained herein, unless extended in writing. B. This Agreement may be terminated in whole or in part in writing by the TNRCC in the event of failure by Funds Recipient to fulfill any of its obligations under this Agreement, including, but not limited to, failure to fulfill the obligations set forth in this Agreement. Additional Contract Proviaiona Attachment C, Page 3 C. This Agreement may be terminated in whole or in part in writing by the FUNDING AGENCY for its convenience. TNRCC is under no obligation to continue payments and may terminate this Agreement at any time. ARTICLE 6. ASSIGNABILITY This Agreement is not delegable, transferable or otherwise assignable by the Funds Recipient without the prior written consent of the TNRCC. ARTICLE 7. UTILIZATION OF HISTORICALLY UNDERUTILIZED BUSINESS ("HUB") ENTERPRISES Funds Recipient shall make a good faith effort to utilize qualified and historically underutilized businesses (HUBs) as defined in 1 TAC § 11 l .12. ARTICLE 8. DATA AND PUBLICITY A. All data and other information developed under this Agreement shall be public data and information except to the extent that it is exempted from public access by the Texas Open Records Act, Vernon's TEX. GOWT CODE §552. Upon termination of this Agreement, all data and information shall become the property of FUNDING AGENCY. B. Unless otherwise provided by the Agreement, the Funds Recipient agrees to notify and obtain the verbal approval of FUNDING AGENCY prior to releasing any information to the news media regarding the activities being conducted under this Agreement. ARTICLE 9. SEVERABILITY If any provision of this Agreement 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 Agreement are declared to be severable. ARTICLE 10. NOTICES All notices, requests, reports, and other communications under this Agreement shall be sent to the Project Representative (see Exhibit I to this Attachment). All such notices and communications shall be deemed to be duly given if hand - delivered, delivered by nationally recognized courier service, or mailed by certified or registered mail, return receipt requested. All such notices and communications shall be deemed given when received, as evidenced by the signed acknowledgment of receipt of the person to whom such notice or communication shall have been delivered by hand, the confirmation of delivery rendered by the applicable courier service, or the acknowledgment of receipt returned to the sender by the applicable postal authorities. ARTICLE 11. ENTIRE CONTRACT This Agreement (including the documents entitled "Application" and Attachments "A", "B", and "C" and any Exhibits thereto) represents the entire agreement between the parties hereto and supersedes any and all prior agreements between the parties, whether written or oral. ARTICLE 12. AMENDMENTS Any amendments, modifications or supplements to this Agreement shall be in writing and shall be signed by both parties. ARTICLE 13. ACCESS TO FACILITIES Funds Recipient shall provide access to Fund Recipient's facilities to the TNRCC at all times for the purpose of determining compliance with this Agreement. Funds Recipient shall cooperate fully with the TNRCC staff in this regard. Additional Contract provisions attachment C, Page 4 ARTICLE 14. AUDIT, ACCESS TO RECORDS A. The Funds Recipient shall maintain and make available books, records, documents, and other evidence reasonably pertinent to conduct of the activities under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The Funds Recipient shall also maintain the financial information and data used in the preparation or support of any cost submission or cost, price or profit analysis for this Agreement or any negotiated subagreement or change order and copy of the cost summary or any analysis submitted to the TNRCC. The TNRCC and the State of Texas or any of their authorized representatives, shall have access to all such books, records, documents and other evidence for the purpose of review, inspection, audit, excerpts, transcriptions and/or copying during normal business hours. The Funds Recipient will provide proper facilities for such access and inspection. B. The Funds Recipient agrees that paragraphs A. through G. of this article shall be applicable to all negotiated change orders and subagreements and subagreement amendments pertinent to conduct of activities under this Agreement. C. Audits conducted under this article shall be in accordance with generally accepted auditing standards and with established procedures and guidelines of the reviewing or audit agency(ies). D. The Funds Recipient agrees to disclose all information and reports resulting from access to records under paragraphs A. and B. of this article to any of the agencies referred to in paragraph A. E. Records under paragraphs A. and B. above shall be maintained by the Funds Recipient during performance on work under this Agreement, and for three (3) years thereafter. If any litigation, claim, negotiation, audit, cost recovery, or other action (including actions concerning costs or items to which an audit exception has been taken) involving such records has been started before the expiration of the three year period, such records must be retained until completion of the action or resolution of all issues which arise from it, or until the end of the regular ten year period, whichever is later. F. Access to records is not limited to the required retention periods. The entities designated in paragraph A. of this article shall have access to records at any reasonable time for as long as the records are maintained. G. This right -of -access article applies to financial records pertaining to this Agreement and all subagreements and all Agreement and subagreement change orders and amendments. In addition, this right of access applies to all records pertaining to this Agreement and all subagreements, and Agreement and subagreement change orders and amendments: 1. To the extent the records pertain reasonably to Agreement or subagreement performance: 2. If there is any indication that fraud, gross abuse, or corrupt practices may be involved; or 3. If the Agreement or subagreement is terminated for default or for convenience. Additional Contract Provisions Attachment C, Page 5 ATTACHMENT C Exhibit 1 Designation of Authorized Representatives and Designated Location for Record Access and Review Additional Contract Provisions Attachment C, Page 6 DESIGNATION OF AUTHORIZED REPRESENTATIVES LOCATION FOR RECORD ACCESS AND REVIEW (a) The Executive Director of TNRCC hereby designates the individual named below as the person authorized to give direction to the FUNDS RECIPIENT as an Authorized Representative of the FUNDING AGENCY: Brenda Richter, Program Administrator Used Oil and Used Oil Filter Recycling Unit Texas Natural Resource Conservation Commission P.O. Box 13087 /MC- 125 Austin, Texas 78711-3087 TEL (512) 239-6687; FAX (512) 239-3223 (b) The FUNDS RECIPIENT hereby designates the individual named below as the person authorized to receive direction from the FUNDING AGENCY, to manage the work being performed, and to act on behalf of the FUNDS RECIPIENT as an Authorized Representative: Kevin Kohn, Superintendent of Solid Waste City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 TEL (806) 767-2478 FAX (806) 762-2664 (c) The FUNDS RECIPIENT designates the following location for record access and review as required under Attachment C, Article 14 of this Agreement: Kevin Kohn, Superintendent of Solid Waste City of Lubbock 324 Municipal Drive Lubbock, Texas 79457