HomeMy WebLinkAboutResolution - 4629 - Grant Assistance Contract - TNRCC - Recycling Program - 10_13_1994Resolution No. 4629
October 13, 1994
Item #31
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 an Assistance Grant Contract, and all associated
documents, by and between the City of Lubbock and the Texas Natural Resource Conservation
Commission (TNRCC) for the City's recycling program, attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council shall constitute
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
Attorney
DGV.jWRECYCLE.RES
ccdocs/Odober S, 1994
John Hall, Chairman "�E
Pam Reed, Commissioner
Peggy Garner, Commissioner
Anthony Grigsby, Executive Director
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Protecting Texas by Reducing and Preventing Pollution
November 9, 1994
Debra Frankhouser, Assistant Superintendent
Solid Waste Department
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
Re: Grant No. 5143020059 - Between the City of Lubbock and the Texas Natural Resource Conservation Commission
Dear Ms. Frankhouser:
Enclosed is a signed, original copy of executed TNRCC Grant Contract No. 5143020059. The total obligated amount of
this grant is $ 14,638 with 90 percent of that amount (i.e., $ 13,174) to be provided as an "advance." The term of the
contract includes the period beginning September 1, 1994, through December 31, 1994.
We have, on this date, forwarded to TNRCC'S Financial Administration Division a voucher requesting payment, to the
City of Lubbock, the advance amount owed. No further action is required on your part in order to receive the advance.
Should you not receive your payment within 25 days from the day you receive this letter, please contact me at (512) 239-
6227.
TNRCC'S Authorized Representative with respect to this grant agreement is Mr. Ron Giles (see Exhibit 1 of the contract's
Attachment Q. Any questions concerning the activities to be carried out under the enclosed agreement should be addressed
to him.
Also enclosed are several blank Financial Status Report Forms (includes TNRCC Forms 269a, 269a-1, and 269a-2). Please
refer to Attachment B, Article 6 of the enclosed contract for instructions conceming the utilization of these financial forms.
Sincerely,
J. Roger Jay,
Assistant Grants Coordinator
Municipal Solid Waste Division
Enclosures
cc: Lisa Martinez, TNRCC, Fin. Management Div. (w/ orig enclosure)
Ron Giles, TNRCC, Office of Pollution Prevention & Recycling/
Clean Texas 2000 (w/ orig enclosure)
David Psencik, TNRCC, Municipal Solid Waste Div. (w/ enclosure)
Nortex Regional Planning Commission
TNRCC Region 2
P.O. Box 13087 Austin, Texas 78711-3087 512/239-1000
printed on recycled paper using soy based ink
Resolution No. 4629
October 13, 1994
Item #31
THE STATE OF TEXAS
COUNTY OF TRAVIS
TNRCC Contract Number 5143020059
ASSISTANCE GRANT CONTRACT
THIS ASSISTANCE GRANT CONTRACT ("Agreement") is entered into by and
between the parties named below.
I. PARTIES:
The Funding Agency: Texas Natural Resource Conservation
Commission (TNRCC)
The Funds Recipient: City of Lubbock
II. FUNDING AGENCY SPONSORED TASKS TO BE PERFORMED:
See "Attachment A - Funding Agency Sponsored 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 Fourteen Thousand Six Hundred and
Thirty -Eight Dollars, ($14,638).
V. ADDITIONAL ASSISTANCE GRANT CONTRACT PROVISIONS:
See "Attachment C - Additional Assistance Grant Contract
Provisions"
VI. ATTACHMENTS:
Attachments A - C, are attached to this Agreement and are
hereby incorporated herein and made a part of this
Agreement for all purposes.
VII. TERM OF ASSISTANCE GRANT CONTRACT AGREEMENT:
This Agreement begins on September 1, 1994 and terminates
December 31, 1994.
The Texas Natural Resource Conservation Commission (FUNDING AGENCY)
certifies that it has the authority to contract for the above
services by authority granted in the Current Appropriations Act;
TEXAS WATER CODE, Section 5.229 and TEXAS HEALTH AND SAFETY CODE
Sections 361.014 and 363.061 - 363.095.
FUNDING AGENCY
Texas Natural Resource
Conservation Commission
By:
(ITd�
(Authorized Signature)
reels /14V0/;4&
(Printed Name)
.3�wl,94 b/,ea!ine,
O(Title)
Date: %/-
- I
FUNDS RECIPIENT
Ci Lubb k
(Authorize(V Sign O
ure)
AVID R. LANGSTON
(Printed Name)
MAYOR
(Title)
Date:
October 13, 1994
ATTEST:
Betty 1W. Johns , City Secretary
APPROVED A TO CON T:
Frank Espino, Rec ling Coordinator
ED AS FORM:t 9 1 A
n
Dc5M�G. -Vancriver, First Ass'stant
City Attorney
TNRCC Contract No. 5143020059 Page 2
ATTACHMENT A
FUNDING AGENCY SUPPORT TASKS
ATTACHMENT A
FUNDING AGENCY SUPPORT TASKS
ARTICLE 1. TASKS TO BE PERFORMED
(a) FUNDS RECIPIENT agrees to purchase or obtain equipment and
promotional materials of the type and for the purposes
described below. Such equipment and promotional materials
shall be utilized for the collection of recyclable materials
from within City of Lubbock facilities. Such equipment and
materials, as outlined herein, shall be ordered for receipt
within time frames that will allow the FUNDS RECIPIENT to
successfully carry out the activities in keeping with the
objective of this Agreement (establishment and/or enhancement
of programs or activities that reduce the generation of waste
or the collection and handling for reuse or recycling of waste
from within public facilities).
(1) The FUNDS RECIPIENT agrees to purchase a minimum of six
hundred and sixty (660) assorted plastic containers (4 to
23 gallon sizes) to be placed at individual desks, copy
machines, and printers for the collection of recyclable
paper.
(2) The FUNDS RECIPIENT agrees to purchase a minimum of fifty
-five (55) 50 gallon wheeled plastic containers for
central locations and custodial collection of office
paper recyclables.
(3) The FUNDS RECIPIENT agrees to purchase a minimum of
twenty-one (21) 3 cubic yard dumpsters for central
building storage of collected office paper recyclables.
(4) The FUNDS RECIPIENT agrees to purchase 1000 posters, and
1000 brochures in order to develop an education and
awareness program to explain and promote the recycling
and waste reduction process. The education awareness
program will begin approximately 30 days after the above
containers (items (1), (2), and (3) ) are ordered.
(5) The FUNDS RECIPIENTS agrees to purchase a minimum of six
hundred (600) crack and peel labels which are to be
placed on deskside containers (item (1)). The labels
will be used to instruct participants concerning the
correct materials to be placed into the collection
containers.
(b) Under the terms of this Agreement, FUNDS RECIPIENT shall
maintain records and report to the FUNDING AGENCY information
as specified in Article 2 of this Agreement.
TNRCC Contract No. 5143020059 Attachment A, Page 1
ARTICLE 2. REPORTING
(a) Using reporting formats provided by the FUNDING AGENCY, the
FUNDS RECIPIENT shall maintain records and provide to the
FUNDING AGENCY written progress reports which shall include
the following information:
(1) Costs associated with the implementation and operation of
the waste diversion program as described in the grant
application proposal. Cost information provided should
include copies of vouchers or other such records relating
to expenditures for supplies, materials, construction,
and equipment;
(2) Progress toward implementing the program as described in
the grant application proposal. Information on program
progress should include a brief explanation of any
substantial deviations from the timeframes set out in the
grant application proposal;
(3) In the case of waste reduction or reuse practices, an
estimate of program impacts in volumes or weights, cost
savings realized by diverting materials from solid waste
disposal, and other known environmental impacts if such
information is available;
(4) In the case of recycling, the types, and volumes or
weights of materials collected or processed for
recycling, amount of revenue received for the material
(if any), volume and percentage diversion of waste from
disposal, and identification of recycling collectors used
(if applicable).
(b) Within forty-five (45) days after the termination date of this
Agreement, the FUNDS RECIPIENT shall provide a final report
that confirms completion of the activities or tasks set forth
in Article 1 of this Attachment.
TNRCC Contract No. 5143020059 Attachment A, Page 2
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 and/or
activities authorized under this Agreement are as follows:
Supplies. . . . . . . . . . .$12,441
Equipment . . . . . . . . . . 0
Construction. . . . . . . . . 0
Contractual . . . . . . . . . 0
* Other . . . . . . . . . . . . 2,197
TOTAL PROJECT COSTS. . .$14,638
FUNDS RECIPIENT'S Share . . . 0
FUNDING AGENCY'S Share. . . .$14,638
* Includes $1,900 for posters and brochures and $297
for container labels.
(b) The FUNDS RECIPIENT is responsible, throughout the term of
this Agreement, for tracking and insuring that expenditure
amounts remain within the various budget category limits set
forth in Section (a) of this Article. If the FUNDS RECIPIENT
determines that changes or adjustments to any of the current
budget category amounts are likely to be necessary, the FUNDS
RECIPIENT's Authorized Representative shall contact the
FUNDING AGENCY's Authorized Representative, identified in
Attachment C, Article 13 of this Agreement, and request advice
as to whether an amendment or minor contract change, as
described in Attachment C, Article 3 of this Agreement
(relating to Changes), should be formally requested.
ARTICLE 2. ADDITIONAL AUTHORIZATIONS REQUIRED
(a) The FUNDS RECIPIENT agrees that, except for those equipment
items which are specifically authorized and listed in Article
3 of the Attachment, none of the funds provided under this
Agreement shall be used for the purchase or acquisition of any
equipment (items costing $500, or more), unless the
procurement of such equipment is approved ahead of time, in
writing, by the FUNDING AGENCY.
(b) Only those items or services ordered, acquired or purchased
subsequent to September 1, 1994, but prior to the termination
date of December 31, 1994, shall be eligible to be purchased
or paid for with funds provided under this Agreement.
TNRCC Contract No. 5143020059 Attachment B, Page 1
ARTICLE 3. EQUIPMENT/SUPPLY ACQUISITION
The following items are hereby authorized to be purchased or
acquired with funds provided under this Grant:
(a) "No equipment costing $500, or more has been
requested or approved under this Article of
the Contract."
(b) Authorized supplies (items costing less than $500)
Minimum
Number
660
55
21
ARTICLE 4.
Description
Plastic Containers
Estimated
Item Cost Total
$ 8.35 5,511
Wheeled Plastic Containers 21.00 11155
3 cu. Yd. Dumpsters 275.00 5,775
MAXIMUM TOTAL (ALL ITEMS) $ 12,441
OTHER EXPENDITURES
"Other" expenditures, provided they directly support tasks required
to be performed under this Grant, may include:
(1) Print and reproduction;
(2) Communication costs (postage, telephone, fax, etc.);
(3) Books and reference materials;
(4) Lease or rental costs;
(5) Equipment repair and maintenance; and
(6) Posters, brochures and container labels.
ARTICLE S. PROHIBITED ACTIVITIES
Unless authorization is specifically provided in accordance with
the provisions of this Attachment or in accordance with Attachment
A of this Agreement, the FUNDS RECIPIENT shall ensure that funds
provided under this Agreement are not used for the following
activities:
(1) Duplication of Effort. Funds provided under this Grant
shall not be used to pay for activities that overlap or
duplicate tasks or activities paid for under other State
funding programs.
TNRCC Contract No. 5143020059 Attachment B, Page 2
(2) Land Acquisition Costs. Funds provided under this Grant
may not be used to acquire land or an interest in land.
(3) Legislative and Lobbying Expenses. No activities
(including legal activities, staff time, travel, phone
calls, telefaxs, etc.) which are, in any way, related to
drafting legislation, lobbying for legislation, or other
political activities are authorized under this Grant, nor
may such be paid for with funds provided, under this
Agreement.
(4) Entertainment Expenses. Funds provided under this Grant
may not be used for entertainment expenses, including
refreshments at meetings and other functions.
ARTICLE 6. PAYMENT PROCEDURES
(a) Upon execution of this Agreement, the FUNDING AGENCY shall
advance the FUNDS RECIPIENT an amount equal to ninety percent
(90%) of the total grant award amount shown on the first page
of this Agreement under Item IV - "Grant Amount."
(b) To demonstrate how grant funds have been expended, the FUNDS
RECIPIENT shall submit to the FUNDING AGENCY'S Authorized
Representative (identified in accordance with Attachment C,
Article 13 of this Agreement), one or more TNRCC Financial
Status Reports, utilizing the FUNDING AGENCY provided form
shown in Exhibit 1 to this Attachment, that together serve to
document that the entire advanced funding amount has been
expended by the FUNDS RECIPIENT in accordance with the budget
shown in Article 1 of this Attachment.
(c) All grant expenditures included in either the "Equipment" or
"Contractual" budget categories of this Agreement shall be
itemized, by the FUNDS RECIPIENT, on forms provided by the
FUNDING AGENCY. When itemizing such expenditures, the FUNDS
RECIPIENT shall describe each in such a way that the FUNDING
AGENCY can readily match that particular expenditure to any
pre -approvals required under this Agreement. In addition, the
FUNDS RECIPIENT shall attach to the report form, for each
"Equipment" or "Contractual" item listed, legible
documentation (copies of invoices marked paid, purchase
orders, etc.) issued by the contractor or vendor that verify
the amount being requested.
(d) The FUNDS RECIPIENT, when reporting expenditures covered under
the "Supplies," "Construction," or "Other" budget categories
of this Agreement, shall itemize such expenditures on a
separate form to be provided by the FUNDING AGENCY. 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 submitted
report legible copies of invoices marked paid, purchase
TNRCC Contract No. 5143020059 Attachment B, Page 3
orders, etc., issued by the contractor or vendor providing the
products or services that substantiates the expenditure
amount.
(e) Except as otherwise provided in Section (f) of this Agreement,
all expenses reported on Financial Status Reports shall be for
costs occurring within the time period identified in Box 9 of
the report form.
(f) In those instances where authorized equipment/supply items or
contracted services were acquired or secured prior to the
execution date of this Agreement, the FUNDS RECIPIENT shall,
for reporting purposes, consider such orders or purchases to
have been made on the date of execution of this Agreement.
(g) Financial Status Reports (TNRCC Form 269a) may be submitted
for processing as frequently as once per month, but must be
submitted not less frequently than once per State fiscal year
quarter (ending in the months of November, February, May, and
August) .
(h) At such time as the FUNDS RECIPIENT has (1) documented,
through submitted Financial Status Reports, that all of the
advanced funds (ninety percent of the total awarded amount)
have been appropriately expended, (2) provided the FUNDING
AGENCY the required final activities confirmation report
described in Attachment A, Article 2, of this Agreement
(relating to Reporting) which confirms that all of the
activities or tasks set forth in Article 1 of this Attachment
have been completed, and (3) submitted a Final Financial
Status Report as required under Article 7 of this Attachment,
the FUNDING AGENCY shall release to the FUNDS RECIPIENT any
remaining monies, which may be due under this Agreement, that
are needed in order to fully reimburse the FUNDS RECIPIENT for
eligible costs incurred under this Agreement.
ARTICLE 7. FINAL FINANCIAL STATUS REPORT
A Final Financial Status Report shall be submitted by the FUNDS
RECIPIENT, by not later than forty-five (45) days following the end
of this Grant Agreement. Such report shall be submitted on TNRCC
Form 269a, to be made available by the FUNDING AGENCY.
ARTICLE 8. OTHER REQUIREMENTS
(a) The FUNDING AGENCY reserves the right to suspend payment of
funds awarded under this Grant due to incomplete, incorrect,
or inconsistent reports or tasks required under this Agreement
until the FUNDS RECIPIENT satisfactorily completes, revises,
or corrects such services or reports. The FUNDING AGENCY also
reserves the right to require the reimbursement of any
overpayments determined as a result of any audit or inspection
TNRCC Contract No. 5143020059 Attachment B, Page 4
of records kept by the FUNDS RECIPIENT concerning the grant
supported tasks to be performed.
(b) The FUNDING AGENCY may refuse to reimburse expenditures for
which the FUNDS RECIPIENT submits a voucher and/or Financial
Status Report more than sixty (60) days after the termination
date of this Contract.
(c) Failure on the part of the FUNDS RECIPIENT to comply with the
conditions set forth in this Agreement shall be the basis for
termination of this Grant and/or the revocation of any
unexpended or inappropriately expended funds.
TNRCC Contract No. 5143020059 Attachment B, Page 5
EXHIBIT 1
TO ATTACHMENT B
(TNRCC form 269a)
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
FINANCIAL STATUS REPORT _
1. STATE AGENCY ORGANIZATIONAL UNIT
TO WHICH REPORT IS SUBMITTED: MUNICIPAL SOLID WASTE DIVISION (TNRCC)
Z. GRANT/CONTRACT TITLE:
WORK PLACE RECYCLING PROGRAM
3. PAYEE IDENTIFICATION NUMBER:
4. RECIPIENT ORGANIZATION (NAME AND COMPLETE
ADDRESS, INCLUDING ZIP CODS):
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 12/31/94
FROM TO 03/31/94
10. BUDGET CATEGORIES:
Approved
Project Cost
Cumulative
Balance **
Budget
This Report
Project Cost
a. Personnel
N/A
* N/A
N/A
N/A
b. Fringe Benefits
N/A
N/A
N/A
N/A
c. Travel
N/A
* N/A
N/A
N/A
d. Supplies
e. Equipment
f. Contractual
g. Construction
h. Other
i. Total Direct (Sum a - h)
J. Indirect Charges
N/A
N/A
N/A
N/A
k. Total (Sum of j & k)
* List (Itemize) on the appropriate form all component expenses comprising the total
for each of these catagories. Please attach receipts, as required, in accordance with
Attachment B, Article VI of your contract.
** Negative balances in any of the budget categories should be explained briefly in an
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
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)
$
CONTRACTUAL EXPENDITURES (during this report period)
SUBCONTRACTOR (NAME)
FOR
COST (THIS PERIOD)
OTAL CONTRACTUAL EXPENDITURES (Must agree with line 10f on Form 269a)
$
' LEGIBLE RECEIPTS, IF REQUIRED, MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE.
TNRCC Supplemental Form 269a-1 (6/1 /94) (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
OTAL SUPPLY EXPENDITURES (Must agree with line 10d on Form 269a)
$
CONSTRUCTION COSTS (during this report period)
DESCRIPTION
PURPOSE
COST (THIS PERIOD)
OTAL CONSTRUCTION COSTS (Must agree with line 10g on Form 269a)
$
OTHER EXPENDITURES (during this report period)
NUMBER
PURCHASED
DESCRIPTION
UNIT
COST
TOTAL
COST
OTAL 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 Supplemental Form 269a-2 (611194) (See Attachment B of Contract for Additional Details)
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:
WORK PLACE RECYCLING PROGRAM
3. PAYEE IDENTIFICATION NUMBER:
4. RECIPIENT ORGANIZATION (NAME AND COMPLETE
ADDRESS, INCLUDING ZIP CODE):
5. 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 12/31/94
FROM TO 03/31/94
10. BUDGET CATEGORIES:
Approved
Project Cost
Cumulative
Balance *+
Budget
This Report
Project Cost
a. Personnel
N/A
• N/A
N/A
N/A
b. Fringe Benefits
N/A
N/A
N/A
N/A
c. Travel
N/A
• N/A
N/A
N/A
d. Supplies
e. Equipment
f. Contractual
g. Construction
h. other
i. Total Direct (Sum a - h)
J. Indirect Charges
N/A
N/A
N/A
N/A
k. Total (Sum of j & k)
List (Itemize) on the appropriate form all component expenses comprising the total
for each of these catagories. Please attach receipts, as required, in accordance with
Attachment B, Article VI of your contract.
t+ Negative balances in any of the budget categories should be explained briefly in an
accompanying narrative.
11. CERTIFICATION I certify to the beat 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
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
[TOTAL EQUIPMENT
EXPENDITURES (Must agree with line 10e on Form 269a)
$
CONTRACTUAL EXPENDITURES (during this report period)
SUBCONTRACTOR (NAME)
FOR
COST (THIS PERIOD)
LOTAL
CONTRACTUAL EXPENDITURES (Must agree with line 10f on Form 269a)
$
* LEGIBLE RECEIPTS, IF REQUIRED, MUST BE ATTACHED TO THIS FORM FOR EACH LISTED ITEM OR EXPENDITURE.
TNRCC Supplemental Form 269a-1 (6/1 /94) (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
OTAL SUPPLY EXPENDITURES (Must agree with line 10d on Form 269a)
$
CONSTRUCTION COSTS (during this report period)
DESCRIPTION
PURPOSE
COST (THIS PERIOD)
OTAL CONSTRUCTION COSTS (Must agree with line 10g on Form 269a)
$
OTHER EXPENDITURES (during this report period)
NUMBER
PURCHASED
DESCRIPTION
UNIT
COST
TOTAL
COST
OTAL 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 Supplemental Form 269a-2 (6/1 /94) (See Attachment B of Contract for Additional Details)
ATTACHMENT C
ADDITIONAL GRANT PROVISIONS
ATTACHMENT C
ADDITIONAL GRANT PROVISIONS
ARTICLE 1. GENERAL RESPONSIBILITIES OF THE FUNDS RECIPIENT
(a) The FUNDS RECIPIENT shall be responsible for the professional quality,
technical accuracy, timely completion and coordination of all tasks to be
carried out under this Agreement (Contract).
(b) Neither the FUNDING AGENCY'S review, approval or acceptance of, nor
payment for any of the Attachment A described, grant -supported tasks,
including final payment, 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. The FUNDS RECIPIENT shall be, and remain,
liable in accordance with applicable law for all damages to the TNRCC
including reasonable attorneys' fees and court costs caused by the FUNDS
RECIPIENT's negligent performance of any of the grant -supported tasks
carried out under this Agreement.
(c) The FUNDS RECIPIENT agrees to hold harmless the FUNDING AGENCY and all of
its employees and officers against any and all liability, loss or damage
arising out of or incident to the FUNDS RECIPIENT'S work performance or
use of equipment.
(d) The obligations of the FUNDS RECIPIENT under this Article are in addition
to the FUNDS RECIPIENT'S other express or implied assurances under this
Agreement or applicable law.
ARTICLE 2. TERMINATION
(a) This Agreement may be terminated in whole or in part in writing by either
party for its convenience, provided that no such termination may be
effected unless the other party is given:
(1) Not less than ten (10) days written notice (delivered by certified
mail, return receipt requested) of intent to terminate; and
(2) An opportunity for consultation with the terminating party prior to
termination.
(b) If termination under Section (a) of this Article is effected by the
FUNDING AGENCY, an adjustment in the Agreement amount shall be made, but:
(1) No amount shall be allowed for anticipated profit on unperformed
services, tasks or other work; and
(2) Any payment due the FUNDS RECIPIENT at the time of termination may
be adjusted to the extent of any additional costs occasioned to the
FUNDING AGENCY by reason of the FUNDS RECIPIENT'S default. However,
the adjustment for any termination shall provide for payment to the
FUNDS RECIPIENT for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs
reasonably incurred by the FUNDS RECIPIENT relating to contracts
entered into prior to the termination.
(c) Upon receipt of a termination notice pursuant to Sections (a) or (b)
above, the FUNDS RECIPIENT shall:
(1) Promptly discontinue all services affected (unless the notice
directs otherwise); and
(2) Deliver or otherwise make available to the FUNDING AGENCY all data,
drawings, specifications, reports, estimates, summaries, and such
other information, materials, and equipment as may have been
accumulated by the FUNDS RECIPIENT in performing this Agreement,
whether completed or in process.
(d) Upon termination pursuant to Sections (a) or (b) above, the FUNDING AGENCY
may take over and complete the work by agreement with another party or
otherwise.
(e) If, after termination for failure of the FUNDS RECIPIENT to fulfill its
obligations under this Agreement, it is determined that the FUNDS
RECIPIENT had not so failed, an adjustment of the Agreement amount shall
be made as provided in Section (c) of this Article.
ARTICLE 3. CHANGES
(a) The Executive Director of the FUNDING AGENCY, or his Authorized
Representative identified in accordance with Article 12 of this Attachment
may, at any time, by written notification to the FUNDS RECIPIENT, make
changes to the tasks being supported under this Agreement. If such
changes cause an increase or decrease in the FUNDS RECIPIENT'S cost of, or
time required for, performance of any of the tasks being supported under
this Agreement, an equitable adjustment shall be made and this Agreement
shall be modified in writing accordingly. Any claim of the FUNDS
RECIPIENT for adjustment under this clause must be asserted in writing
within thirty (30) days after the date of receipt by the FUNDS RECIPIENT
of the notification of change, unless the Executive Director of the
FUNDING AGENCY or his Authorized Representative grants a further period of
time before the date of final payment under this Agreement.
(b) 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 Agreement;
(3) A change to the overall scope of the Agreement or to the Scope of
Services;
(4) Any action that is beyond the authority of the Executive Director or
the Authorized Representative of the FUNDING AGENCY.
(c) Implementation of a Major Change must be preceded by a formal written
amendment to the Agreement. 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.
(d) 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 Agreement.
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, or may give
the FUNDS RECIPIENT verbal approval for the change. 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.
(e) 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 (c) of this Article.
Additional Grant Provisions Attachment C, Page 2
ARTICLE 4. ACCOUNTING SYSTEMS
The FUNDS RECIPIENT shall have an accounting system which accounts for costs in
accordance with generally accepted accounting standards or principles. The FUNDS
RECIPIENT must propose and account for costs in a manner consistent with such
standards or principles.
ARTICLE 5. AUDIT, ACCESS TO RECORDS
(a) The FUNDS RECIPIENT shall maintain and make available for inspection,
audit, or review books, records, documents, and other evidence directly
pertinent to the performance or completion of any and all tasks supported
under this Agreement, including negotiated changes or amendments thereto,
in accordance with accepted professional practice, and appropriate
accounting procedures and practices, at a location within Texas as
identified in Exhibit 1 of this Attachment. The FUNDS RECIPIENT shall,
upon request, also make available at such location the financial
information and data used by the FUNDS RECIPIENT in the preparation or
support of the proposed grant budget submitted to the FUNDING AGENCY when
applying for this Grant. The FUNDING AGENCY or any of its duly authorized
representatives, shall have access to such books, records, documents, and
other evidence for the purpose of inspection, audit review and, upon
conference with the FUNDS RECIPIENT, copying. All such information shall
be handled by the auditing parties in accordance with good business
ethics.
(b) Audits conducted pursuant to this provision shall be in accordance with
generally accepted auditing standards and established procedures and
guidelines of the reviewing or auditing agency(ies).
(c) Where the audit concerns the FUNDS RECIPIENT, the FUNDING AGENCY will
afford the FUNDS RECIPIENT an opportunity for an audit exit conference and
an opportunity to comment on the pertinent portions of the draft audit
report. The final audit report will include the written comments, if any,
of the audited parties.
(d) Records under Section (a) above shall be maintained and made available
during performance on work under this Agreement and until three years from
date of final payment by the FUNDING AGENCY for the project. In addition,
those records which relate to any dispute, litigation, or the settlement
of claims arising out of such performance, or costs or items to which an
audit exception has been taken shall be maintained and made available
until three years after the date of resolution of such disputes,
litigations, claims, or exceptions.
(e) Access to records is not limited to the required retention periods. The
FUNDING AGENCY and any of its authorized representatives shall have access
to records at any reasonable time for as long as the records are
maintained.
(f) The FUNDING AGENCY reserves the right to require the reimbursement of any
over -payments determined as a result of any audit or inspection of records
kept by the FUNDS RECIPIENT on grant -supported tasks performed under this
Agreement.
ARTICLE 6. SUBGRANTS AND SUBCONTRACTS
(a) A "subgrant" is an award made by the FUNDS RECIPIENT to another state
agency, local government, or organization to perform work related to the
purposes of this Agreement, but not required for the FUNDS RECIPIENT'S
completion of the tasks to be performed under this Agreement.
"Subgrantees" are the recipients of such subgrants.
(b) Any subcontractors and outside associates or consultants used by the FUNDS
RECIPIENT in connection with the services covered by the Agreement, and
any subgrantees under this Agreement, shall be limited to such individuals
or firms as were specifically identified in Attachment A of this Agreement
Additional Grant Provisions Attachment C, Page 3
or as are specifically approved by the Executive Director of the FUNDING
AGENCY, or a person identified in writing as described in Article 13 of
this Attachment, during the performance of this Agreement. Any
substitution in such subcontractors, associates, or consultants shall be
subject to the prior written approval of the FUNDING AGENCY'S Executive
Director or a person identified in writing as described in Article 13, and
identified in Exhibit 1 to this Attachment.
ARTICLE 7. TITLE TO AND MANAGEMENT OF EQUIPMENT AND CONSTRUCTED
FACILITIES
(a) Subject to the obligations and conditions set forth in this Agreement,
title to all equipment and/or constructed facilities acquired under this
Agreement will vest, upon acquisition or construction, in the FUNDS
RECIPIENT.
(b) The FUNDS RECIPIENT agrees to conduct physical property inventories, to
maintain property records and necessary control procedures, and to provide
adequate maintenance with respect to all equipment and/or constructed
facilities acquired under this Agreement, as set forth below.
(c) The FUNDS RECIPIENT may develop and use its own property management system
which must conform with all applicable state and local laws, rules and
regulations. If an adequate system for accounting for personal property
owned by the FUNDS RECIPIENT or its subgrantee is not in place or
currently in use, the Property Accounting System Manual issued by the
State of Texas General Services Commission shall be used as a guide for
establishing such a system.
(d) A physical inventory of all equipment or property acquired or replaced
under this Agreement having an initial purchase price of five hundred
dollars ($500) or more, shall be conducted no less frequently than once
every two years and the results of such inventories reconciled with the
appropriate property records. Property control procedures utilized by the
FUNDS RECIPIENT shall include adequate safeguards to prevent loss, damage,
or theft of the acquired property. The FUNDS RECIPIENT agrees to develop
and carry out a program of property maintenance as necessary to keep both
originally acquired and any replaced property in good condition, and to
utilize proper sales procedures to ensure the highest possible return, in
the event such equipment or property is sold.
(e) All equipment and/or constructed facilities acquired or replaced under
this Agreement shall be used by the FUNDS RECIPIENT, or its subgrantees,
to support the purposes of this Agreement, for as long as the equipment or
facilities are needed for such purposes, whether or not the original
projects or programs continue to be supported by State funds.
(f) The FUNDS RECIPIENT, or its subgrantee, may for the purpose of replacing
various equipment or facilities utilized under this Agreement, either
trade in or sell the equipment or property referred to in Section (a) of
this Article and use the proceeds of such trade-in or sale to offset the
cost of acquiring needed replacement property.
(g) Subject to Sections (h)-(j) of this Article, if no longer needed for the
support of the authorized projects or programs referred to in Section (e)
of this Article, equipment and/or property acquired under this Agreement,
whether original or replacement, may be used in support of other
activities currently or previously supported by the FUNDING AGENCY, or
alternatively, may be made available for use on other projects or
programs, providing such other use will not interfere with the work on
those projects or programs for which such equipment or facilities were
originally acquired or constructed.
(h) If any equipment or property acquired or replaced under this Agreement is
sold or transferred within six years of the initiation date of the
Agreement, the FUNDS RECIPIENT agrees that the FUNDING AGENCY is entitled
to a share of the proceeds from such sale, provided the fair market, per -
unit value of the property at the time of the sale is in excess of five
Additional Grant Provisions Attachment C, Page 4
thousand dollars ($5,000). The FUNDING AGENCY's share of the sale
proceeds shall be the same percentage as was the funding provided under
this Agreement that enabled the original purchase or acquisition of the
property in question. Property that is no longer needed and that has a
fair market, per -unit value of five thousand dollars ($5,000) or less may
be retained, sold, transferred, or otherwise disposed of with no further
obligation to the FUNDING AGENCY, provided the requirements set forth in
Sections (i) and (j) of this Article are followed. If the property or
equipment has a fair market, per -unit value of five thousand dollars
($5,000) or more and less than six years has elapsed from the initiation
of the Agreement, the FUNDS RECIPIENT or the subgrantee must contact the
FUNDING AGENCY for final disposition instructions.
(i) If, prior to the termination date of this Agreement, the FUNDS RECIPIENT
or its subgrantees determine that any equipment or constructed facilities
acquired with funds provided as a result of this Agreement is no longer
needed for support of the programs or projects referred to in Section (e)
of this Article, the FUNDING AGENCY may require the FUNDS RECIPIENT to
transfer title and possession to such equipment or movable constructed
facilities to a third party named by the FUNDING AGENCY.
(j) The FUNDS RECIPIENT agrees that if a determination is made after this
Agreement has terminated that any equipment or constructed facilities
acquired with funds provided as a result of this Agreement is no longer
needed for support of the programs or projects referred to in Section (e)
of this Article, the FUNDING AGENCY has a right to require the transfer of
any equipment or movable constructed facilities having a fair market, per
unit value of more than five thousand dollars ($5,000) to a third party
named by the FUNDING AGENCY.
(k) The FUNDS RECIPIENT shall not grant or allow to a third party a security
interest in any original or replacement materials, equipment, or
facilities purchased or constructed with funds made available to FUNDS
RECIPIENT under this Agreement.
(1) The FUNDS RECIPIENT agrees that, in the event any funds provided under
this Agreement are in turn awarded to any subgrantee for the purchase or
acquisition of any equipment or constructed facilities, by such other
party, the FUNDS RECIPIENT's contract with that subgrantee shall include
the requirements set forth in Sections (a) - (k) of this Article.
ARTICLE 8. REMEDIES
(a) Notwithstanding any other terms in this Agreement, or any attachments or
addenda hereto, or any documents comprising this Agreement, all claims,
counterclaims, disputes, and other matters in question between the FUNDING
AGENCY and the FUNDS RECIPIENT arising out of or relating to this
Agreement or the breach thereof will be decided in a court of competent
jurisdiction in the City of Austin, Travis County, Texas.
(b) The parties may agree to submit claims, counterclaims, disputes, and other
matters in question between the FUNDING AGENCY and the FUNDS RECIPIENT to
arbitration or mediation, but only by written amendment to this Agreement
signed by both the FUNDING AGENCY and the FUNDS RECIPIENT.
ARTICLE 9. EMPLOYMENT PRACTICES
The FUNDS RECIPIENT agrees that in the performance of this Agreement, it will not
discriminate against any employee or applicant because of race, religion, color,
sex, age, or national origin and it will comply with Executive Order 11246,
entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and
as supplemented in Department of Labor Regulations (Title 41 CFR Part 60). The
FUNDS RECIPIENT assures that no person will, on the grounds of race, creed,
color, handicap, national origin, sex, political affiliation or beliefs, be
excluded from, be denied the benefit of, or be subject to discrimination under
any program or activity funded in whole or part under this Agreement.
Additional Grant Provisions Attachment C, Page 5
ARTICLE 10. AMERICANS WITH DISABILITIES ACT
The FUNDS RECIPIENT shall comply with all applicable requirements of the
Americans with Disabilities Act of 1990, Public Law 101-336, 101st Congress, 2nd
Session, 104 Stat. 327 (July 26, 1990).
ARTICLE 11. UTILIZATION OF HISTORICALLY UNDERUTILIZED BUSINESS
(HUB) ENTERPRISES
(a) A Historically Underutilized Business (HUB) is a Corporation, Sole
Proprietorship, Partnership, or Joint venture in which at least 51 percent
is owned, operated, controlled and actively managed by a person or persons
who are historically underutilized (socially disadvantaged) because of
their identification with members of certain groups, including Black
Americans, Hispanic Americans, Asian Pacific Americans, Native Americans
(American Indians) and Women who have suffered the effects of
discriminatory practices or similar insidious circumstances over which
they have no control.
(b) In accordance with FUNDING AGENCY policy, the FUNDS RECIPIENT agrees that,
in the event subcontractors, vendors, or suppliers are utilized under this
Agreement, it will attempt, by executing the steps suggested in Section
(d) of this Article, to achieve at least a thirty percent (30%)
participation by HUB enterprises in such contracts.
(c) The percentage of HUB participation shall be calculated as a percentage of
the total dollar amount of all subcontracts including those utilized for
supply, and/or equipment acquisition. The dollar base does not include
funds awarded by the FUNDS RECIPIENT as subgrants to local governments or
political subdivisions of the State.
(d) If the FUNDS RECIPIENT fails to achieve ten percent (10%) participation
over the duration of this project, it will demonstrate in writing that it
took the following affirmative action steps:
(1) Placed qualified small, minority, and women's business enterprises
on solicitation lists;
(2) Assured that such businesses and business enterprises were solicited
whenever they were potential sources;
(3) Divided contract -based requirements, when to do so is economically
feasible, into smaller tasks or quantities so as to permit maximum
participation by such business enterprises;
(4) Established delivery schedules, where the contract requirements
permitted, which encouraged participation by such business
enterprises;
(5) Utilized the services and assistance available from the Texas
Natural Resource Conservation Commission's (TNRCC) Acquisition and
Compliance HUB Coordinator, the Small Business Administration,
and/or the Minority Business Development Agency of the Department of
Commerce; and
(6) Required its subcontractors to take the affirmative steps listed in
Subsections (1) - (5) of this Section.
(e) The FUNDS RECIPIENT's failure to abide by the terms of this Article shall
be grounds for termination of this Agreement.
ARTICLE 12. INTELLECTUAL PROPERTY
(a) For the purpose of this Article, "intellectual property" refers to:
(1) Any discovery or invention for which patent rights may be
acquired;
Additional Grant Provisions Attachment C, Page 6
(2) Any photographs, graphic designs, plans, drawings, specifications,
computer programs, technical reports, operating manuals, or other
copyrightable materials; and
(3) Any other materials in which intellectual property rights may be
obtained.
(b) If the FUNDS RECIPIENT first conceives of, actually puts into practice,
discovers, invents, or produces any intellectual property during the
course of its work under this Agreement, it shall report that fact to the
FUNDING AGENCY.
(c) The FUNDS RECIPIENT may obtain governmental protection for rights in the
intellectual property. However, the FUNDING AGENCY hereby reserves a
nonexclusive, royalty -free and irrevocable license to use, publish, or
reproduce the intellectual property for sale or otherwise, and to
authorize others to do so. The FUNDING AGENCY also reserves a royalty -
free nonexclusive, and irrevocable license to use, publish, or reproduce
for sale or otherwise, and to authorize others to use, publish, or
reproduce, for sale or otherwise (to the extent consistent with the rights
of third parties) any intellectual property for which the FUNDS RECIPIENT
obtains rights with funds received under this Agreement.
(d) In performing work supported under this Agreement, the FUNDS RECIPIENT
shall comply with all laws, rules, and regulations relating to
intellectual property, and shall not infringe on any third-party's
intellectual property rights. It shall hold the FUNDING AGENCY harmless
for any claims for infringement related to its work under this Agreement.
(e) The FUNDS RECIPIENT shall include provisions adequate to effectuate the
purposes of this Article in all subcontracts under this Agreement in the
course of which intellectual property may be produced or acquired.
ARTICLE 13. AUTHORIZED REPRESENTATIVES
(a) The Executive Director of the FUNDING AGENCY, will identify a person
authorized to give direction to the FUNDS RECIPIENT, and act on behalf of
the FUNDING AGENCY. The person designated as the TNRCC Authorized
Representative is identified in Exhibit 1 to this Attachment.
(b) The Executive Director of the FUNDING AGENCY hereby authorizes such
identified person to further delegate his or her authority as necessary,
including any delegation of authority to a FUNDING AGENCY employee who
will act as the FUNDING AGENCY's authorized Field Representative. Written
notice of any such delegation shall be provided to the FUNDS RECIPIENT.
(c) The FUNDS RECIPIENT will identify 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. The person designated as an
Authorized Representative is identified in Exhibit 1 to this Attachment.
(d) The FUNDS RECIPIENT agrees to make whatever arrangements are necessary to
ensure that its Authorized Representative, or someone to whom that person
has delegated his or her authority, is available at all times for
consultation with the FUNDING AGENCY. Written notice of any such
delegation shall be provided to the FUNDING AGENCY.
ARTICLE 14. DATA AND PUBLICITY
(a) All data and other information developed under this Agreement shall be
furnished to the FUNDING AGENCY and shall be public data and information
except to the extent that it is exempted from public access by the Texas
Opens Records Act, TEXAS GOVERNMENT CODE, Chapter 552 ("Act"). Upon
termination of this Agreement, all data and information shall become the
property of the FUNDING AGENCY.
Additional Grant Provisions Attachment C, Page 7
(b) Except as otherwise provided by this Agreement, or by the Act, the FUNDS
RECIPIENT shall not provide data generated or otherwise obtained in the
performance of its responsibilities under this Agreement to any party
other than the State of Texas and its authorized agents.
(c) Except as otherwise provided by this Agreement, the FUNDS RECIPIENT agrees
to notify and obtain the verbal approval of the FUNDING AGENCY prior to
releasing any information to the news media regarding the activities being
conducted under this Agreement.
ARTICLE 15. LICENSES, PERMITS AND LAWS
The FUNDS RECIPIENT shall, except as otherwise provided in this Agreement, 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 work supported by this Agreement.
ARTICLE 16. ACKNOWLEDGEMENT OF FINANCIAL SUPPORT
The FUNDS RECIPIENT shall acknowledge the financial support of the FUNDING AGENCY
whenever work funded, in whole or part, by this Agreement is publicized or
reported in news media or publications. All reports and other documents
completed as a part of this Agreement, other than documents prepared exclusively
for internal organizational use by the FUNDS RECIPIENT or within the FUNDING
AGENCY, shall carry the following notations on the front cover or title page:
"PREPARED IN COOPERATION WITH THE TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION"
ARTICLE 17. ENERGY EFFICIENCY STANDARDS
The FUNDS RECIPIENT shall follow standards and policies on energy efficiency
which are contained in the Texas State Energy Conservation Plan issued in
compliance with the Energy Policy and Conservation Act (P.L. 94-163).
ARTICLE 18. UNIFORM GRANT AND CONTRACT MANAGEMENT ACT
The provisions of the "Uniform Grant and Agreement Management Act", TEX GOV'T
CODE ANN. §783.001 et seq (Vernon, 1992) apply to this Agreement. Compliance
with the conditions and requirements contained therein is necessary for the
satisfactory performance of the services and work required under this Agreement.
ARTICLE 19. NOTICE
Any notice or other written communication shall be considered delivered three (3)
days after the date postmarked, provided such notice or written communication is
sent by certified mail, return receipt requested, or delivered in person to the
authorized representative of the party specified as described in Article 14 this
Attachment.
ARTICLE 20. HEADINGS
The headings to sections contained in this Agreement are for convenience and
reference only and in no way define, describe, extend or limit the scope or
intent of the substantive provision to which the heading applies unless the
context so requires.
ARTICLE 21. ORDER OF PREFERENCE
Unless otherwise stated, a listing of factors, criteria or subjects in this
Agreement does not constitute an order of preference.
Additional Grant Provisions Attachment C, Page 8
ARTICLE 22. WAIVER
Unless authorized in accordance with Article 4 of this Attachment (relating to
Changes), or in writing by the Executive Director of the FUNDING AGENCY, no
waiver of any obligation of the FUNDS RECIPIENT under this Agreement shall bind
the Commission. Furthermore, unless specified in the written authorization, the
authorized waiver by the Executive Director of such obligation shall not
constitute a continuing waiver of the obligation. No waiver by the Executive
Director shall constitute a waiver of the Commission's subsequent right to demand
and receive performance within a reasonable time to be specified by the
Commission, in accordance with all provisions of this Agreement.
ARTICLE 23. 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 24. ASSIGNABILITY
Any attempted assignment or other transfer of this Agreement by FUNDS RECIPIENT
without the written consent of the FUNDING AGENCY shall be void.
ARTICLE 25. ENTIRE AGREEMENT
This Agreement (including the document entitled Assistance Grant, and Attachments
A - C thereto and all referenced Exhibits) represents the entire Agreement
between the contracting parties and supersedes any and all prior contracts
between the parties, whether written or oral.
ARTICLE 26. AMENDMENTS
Any amendments, modifications or supplements to this Agreement shall be in
writing and shall be signed by both parties in accordance with Article 3 of this
Attachment.
Additional Grant Provisions Attachment C, Page 9
EXHIBIT 1
TO ATTACHMENT C
DESIGNATION OF AUTHORIZED REPRESENTATIVES
f�mp
DESIGNATED LOCATION FOR RECORD ACCESS AND REVIEW
DESIGNATION OF AUTHORIZED REPRESENTATIVES
(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:
Ron Giles, Recycling Section
Pollution Prevention & Recycling/Clean Texas 2000
Texas Natural Resources Conservation Commission
P.O. Box 13087
Austin, Texas 78711-3087
(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:
Debra Frankhouser, Assistant Superintendent
Solid Waste Department
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
(806) 767-2490 Fax (806) 762-2664
(c) The FUNDS RECIPIENT designates the following location for
record access and review as required under Attachment C,
Article 5 of this Agreement:
City of Lubbock
324 Municipal Drive
Lubbock, Texas 79457
Resolution No. 4629
October 13, 1994
Item #31
THE STATE OF TEXAS
COUNTY OF TRAVIS
TNRCC Contract Number 5143020059
ASSISTANCE GRANT CONTRACT
THIS ASSISTANCE GRANT CONTRACT ("Agreement") is entered into by and
between the parties named below.
I. PARTIES:
The Funding Agency: Texas Natural Resource Conservation
Commission (TNRCC)
The Funds Recipient: City of Lubbock
II. FUNDING AGENCY SPONSORED TASKS TO BE PERFORMED:
See "Attachment A - Funding Agency Sponsored Tasks"
III. ELIGIBLE COSTS AND PAYMENT PROCEDURES:
See "Attachment B - Eligible Costs and Payment
Procedures"
IV. ASSISTANCE3 GRANT CONTRACT AMOUNT:
The FUNDING AGENCY'S (TNRCC'S) total obligated amount
under this Agreement is Fourteen Thousand Six Hundred and
Thirty -Eight Dollars, ($14,638).
V. ADDITIONAL ASSISTANCE GRANT CONTRACT PROVISIONS:
See "Attachment C - Additional Assistance Grant Contract
Provisions"
VI. ATTACHMENTS:
Attachments A - C, are attached to this Agreement and are
hereby incorporated herein and made a part of this
Agreement for all purposes.
VII. TERM OF ASSISTANCE GRANT CONTRACT AGREEMENT:
This Agreement begins on September 1, 1994 and terminates
December 31, 1994.
The Texas Natural Resource Conservation Commission (FUNDING AGENCY)
certifies that it has the authority to contract for the above
services by authority granted in the Current Appropriations Act;
TEXAS WATER CODE, Section 5.229 and TEXAS HEALTH AND SAFETY CODE
Sections 361.014 and 363.061 - 363.095.
FUNDING AGENCY
Texas Natural Resource
Conservation Commission
By:
(Authorized Signature)
(Printed Name)
(Title)
Date:
FUNDS RECIPIENT
01D
Lubb k
Sign ure)
STON
(Printed Name)
MAYOR
(Title)
Date: October 13, 1994
ATTEST:
�� UD,&
Betty R. 3ohns6h, City Secretary
APPROVED A TO CON T:
Frank Espino, Rec ling Coordinator
AVIRRED AS 0 M:
At A
d G. n ver, F st Ass'stant
City Attorney
1NRCC Contract No. 5143020059 Page 2
ATTACHMENT A
FUNDING AGENCY SUPPORT TASKS
ATTACHMENT A
FUNDING AGENCY SUPPORT TASKS
ARTICLE 1. TASKS TO BE PERFORMED
(a) FUNDS RECIPIENT agrees to purchase or obtain equipment and
promotional materials of the type and for the purposes
described below. Such equipment and promotional materials
shall be utilized for the collection of recyclable materials
from within City of Lubbock facilities. Such equipment and
materials, as outlined herein, shall be ordered for receipt
within time frames that will allow the FUNDS RECIPIENT to
successfully carry out the activities in keeping with the
objective of this Agreement (establishment and/or enhancement
of programs or activities that reduce the generation of waste
or the collection and handling for reuse or recycling of waste
from within public facilities).
(1) The FUNDS RECIPIENT agrees to purchase a minimum of six
hundred and sixty (660) assorted plastic containers (4 to
23 gallon sizes) to be placed at individual desks, copy
machines, and printers for the collection of recyclable
paper.
(2) The FUNDS RECIPIENT agrees to purchase a minimum of fifty
-five (55) 50 gallon wheeled plastic containers for
central locations and custodial collection of office
paper recyclables.
(3) The FUNDS RECIPIENT agrees to purchase a minimum of
twenty-one (21) 3 cubic yard dumpsters for central
building storage of collected office paper recyclables.
(4) The FUNDS RECIPIENT agrees to purchase 1000 posters, and
1000 brochures in order to develop an education and
awareness program to explain and promote the recycling
and waste reduction process. The education awareness
program will begin approximately 30 days after the above
containers (items (1), (2), and (3) ) are ordered.
(5) The FUNDS RECIPIENTS agrees to purchase a minimum of six
hundred (600) crack and peel labels which are to be
placed on deskside containers (item (1)). The labels
will be used to instruct participants concerning the
correct materials to be placed into the collection
containers.
(b) Under the terms of this Agreement, FUNDS RECIPIENT shall
maintain records and report to the FUNDING AGENCY information
as specified in Article 2 of this Agreement.
TNRCC Contract No. 5143020059 Attachment A, Page 1
ARTICLE 2. REPORTING
(a) Using reporting formats provided by the FUNDING AGENCY, the
FUNDS RECIPIENT shall maintain records and provide to the
FUNDING AGENCY written progress reports which shall include
the following information:
(1) Costs associated with the implementation and operation of
the waste diversion program as described in the grant
application proposal. Cost information provided should
include copies of vouchers or other such records relating
to expenditures for supplies, materials, construction,
and equipment;
(2) Progress toward implementing the program as described in
the grant application proposal. Information on program
progress should include a brief explanation of any
substantial deviations from the timeframes set out in the
grant application proposal;
(3) In the case of waste reduction or reuse practices, an
estimate of program impacts in volumes or weights, cost
savings realized by diverting materials from solid waste
disposal, and other known environmental impacts if such
information is available;
(4) In the case of recycling, the types, and volumes or
weights of materials collected or processed for
recycling, amount of revenue received for the material
(if any), volume and percentage diversion of waste from
disposal, and identification of recycling collectors used
(if applicable).
(b) Within forty-five (45) days after the termination date of this
Agreement, the FUNDS RECIPIENT shall provide a final report
that confirms completion of the activities or tasks set forth
in Article 1 of this Attachment.
TNRCC Contract No. 5143020059 Attachment A, Page 2
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 and/or
activities authorized under this Agreement are as follows:
Supplies. . . . . . . . . . .$12,441
Equipment . . . . . . . . . . 0
Construction. . . . . . . . . 0
Contractual . . . . . . . . . 0
* Other . . . . . . . . . . . . 2,197
TOTAL PROJECT COSTS. . .$14,638
FUNDS RECIPIENT'S Share . . . 0
FUNDING AGENCY'S Share. . . .$14,638
* Includes $1,900 for posters and brochures and $297
for container labels.
(b) The FUNDS RECIPIENT is responsible, throughout the term of
this Agreement, for tracking and insuring that expenditure
amounts remain within the various budget category limits set
forth in Section (a) of this Article. If the FUNDS RECIPIENT
determines that changes or adjustments to any of the current
budget category amounts are likely to be necessary, the FUNDS
RECIPIENT's Authorized Representative shall contact the
FUNDING AGENCY's Authorized Representative, identified in
Attachment C, Article 13 of this Agreement, and request advice
as to whether an amendment or minor contract change, as
described in Attachment C, Article 3 of this Agreement
(relating to Changes), should be formally requested.
ARTICLE 2. ADDITIONAL AUTHORIZATIONS REQUIRED
(a) The FUNDS RECIPIENT agrees that, except for those equipment
items which are specifically authorized and listed in Article
3 of the Attachment, none of the funds provided under this
Agreement shall be used for the purchase or acquisition of any
equipment (items costing $500, or more), unless the
procurement of such equipment is approved ahead of time, in
writing, by the FUNDING AGENCY.
(b) Only those items or services ordered, acquired or purchased
subsequent to September 1, 1994, but prior to the termination
date of December 31, 1994, shall be eligible to be purchased
or paid for with funds provided under this Agreement.
TNRCC Contract No. 5143020059 Attachment B, Page 1
ARTICLE 3. EQUIPMENT/SUPPLY ACQUISITION
The following items are hereby authorized to be purchased or
acquired with funds provided under this Grant:
(a) "No equipment costing $500, or more has been
requested or approved under this Article of
the Contract."
(b) Authorized supplies (items costing less than $500)
Minimum
Estimated
Number
Description
Item Cost
Total
660
Plastic Containers
$ 8.35
$ 51511
55
Wheeled Plastic Containers 21.00
11155
21
3 cu. yd. Dumpsters
275.00
5,775
MAXIMUM TOTAL
(ALL ITEMS)
$ 12,441
ARTICLE 4.
OTHER EXPENDITURES
"Other" expenditures, provided they directly support tasks required
to be performed under this Grant, may include:
(1) Print and reproduction;
(2) Communication costs (postage, telephone, fax, etc.);
(3) Books and reference materials;
(4) Lease or rental costs;
(5) Equipment repair and maintenance; and
(6) Posters, brochures and container labels.
ARTICLE S. PROHIBITED ACTIVITIES
Unless authorization is specifically provided in accordance with
the provisions of this Attachment or in accordance with Attachment
A of this Agreement, the FUNDS RECIPIENT shall ensure that funds
provided under this Agreement are not used for the following
activities:
(1) Duplication of Effort. Funds provided under this Grant
shall not be used to pay for activities that overlap or
duplicate tasks or activities paid for under other State
funding programs.
TNRCC Contract No. 5143020059 Attachment B, Page 2
(2) Land Acquisition Costs. Funds provided under this Grant
may not be used to acquire land or an interest in land.
(3) Legislative and Lobbying Expenses. No activities
(including legal activities, staff time, travel, phone
calls, telefaxs, etc.) which are, in any way, related to
drafting legislation, lobbying for legislation, or other
political activities are authorized under this Grant, nor
may such be paid for with funds provided, under this
Agreement.
(4) Entertainment Expenses. Funds provided under this Grant
may not be used for entertainment expenses, including
refreshments at meetings and other functions.
ARTICLE 6. PAYMENT PROCEDURES
(a) Upon execution of this Agreement, the FUNDING AGENCY shall
advance the FUNDS RECIPIENT an amount equal to ninety percent
(90%) of the total grant award amount shown on the first page
of this Agreement under Item IV - "Grant Amount."
(b) To demonstrate how grant funds have been expended, the FUNDS
RECIPIENT shall submit to the FUNDING AGENCY'S Authorized
Representative (identified in accordance with Attachment C,
Article 13 of this Agreement), one or more TNRCC Financial
Status Reports, utilizing the FUNDING AGENCY provided form
shown in Exhibit 1 to this Attachment, that together serve to
document that the entire advanced funding amount has been
expended by the FUNDS RECIPIENT in accordance with the budget
shown in Article 1 of this Attachment.
(c) All grant expenditures included in either the "Equipment" or
"Contractual" budget categories of this Agreement shall be
itemized, by the FUNDS RECIPIENT, on forms provided by the
FUNDING AGENCY. When itemizing such expenditures, the FUNDS
RECIPIENT shall describe each in such a way that the FUNDING
AGENCY can readily match that particular expenditure to any
pre -approvals required under this Agreement. In addition, the
FUNDS RECIPIENT shall attach to the report form, for each
"Equipment" or "Contractual" item listed, legible
documentation (copies of invoices marked paid, purchase
orders, etc.) issued by the contractor or vendor that verify
the amount being requested.
(d) The FUNDS RECIPIENT, when reporting expenditures covered under
the "Supplies," "Construction," or "Other" budget categories
of this Agreement, shall itemize such expenditures on a
separate form to be provided by the FUNDING AGENCY. 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 submitted
report legible copies of invoices marked paid, purchase
TNRCC Contract No. 514302W9 Attachment B, Page 3
orders, etc., issued by the contractor or vendor providing the
products or services that substantiates the expenditure
amount.
(e) Except as otherwise provided in Section (f) of this Agreement,
all expenses reported on Financial Status Reports shall be for
costs occurring within the time period identified in Box 9 of
the report form.
(f) In those instances where authorized equipment/supply items or
contracted services were acquired or secured prior to the
execution date of this Agreement, the FUNDS RECIPIENT shall,
for reporting purposes, consider such orders or purchases to
have been made on the date of execution of this Agreement.
(g) Financial Status Reports (TNRCC Form 269a) may be submitted
for processing as frequently as once per month, but must be
submitted not less frequently than once per State fiscal year
quarter (ending in the months of November, February, May, and
August).
(h) At such time as the FUNDS RECIPIENT has (1) documented,
through submitted Financial Status Reports, that all of the
advanced funds (ninety percent of the total awarded amount)
have been appropriately expended, (2) provided the FUNDING
AGENCY the required final activities confirmation report
described in Attachment A, Article 2, of this Agreement
(relating to Reporting) which confirms that all of the
activities or tasks set forth in Article 1 of this Attachment
have been completed, and (3) submitted a Final Financial
Status Report as required under Article 7 of this Attachment,
the FUNDING AGENCY shall release to the FUNDS RECIPIENT any
remaining monies, which may be due under this Agreement, that
are needed in order to fully reimburse the FUNDS RECIPIENT for
eligible costs incurred under this Agreement.
ARTICLE 7. FINAL FINANCIAL STATUS REPORT
A Final Financial Status Report shall be submitted by the FUNDS
RECIPIENT, by not later than forty-five (45) days following the end
of this Grant Agreement. Such report shall be submitted on TNRCC
Form 269a, to be made available by the FUNDING AGENCY.
ARTICLE S. OTHER REQUIREMENTS
(a) The FUNDING AGENCY reserves the right to suspend payment of
funds awarded under this Grant due to incomplete, incorrect,
or inconsistent reports or tasks required under this Agreement
until the FUNDS RECIPIENT satisfactorily completes, revises,
or corrects such services or reports. The FUNDING AGENCY also
reserves the right to require the reimbursement of any
overpayments determined as a result of any audit or inspection
TNRCC Contract No. 5143020059 Attachment B, Page 4
of records kept by the FUNDS RECIPIENT concerning the grant
supported tasks to be performed.
(b) The FUNDING AGENCY may refuse to reimburse expenditures for
which the FUNDS RECIPIENT submits a voucher and/or Financial
Status Report more than sixty (60) days after the termination
date of this Contract.
(c) Failure on the part of the FUNDS RECIPIENT to comply with the
conditions set forth in this Agreement shall be the basis for
termination of this Grant and/or the revocation of any
unexpended or inappropriately expended funds.
TNRCC Contract No. 5143020059 Attachment B, Page 5
EXHIBIT 1
TO ATTACMUMTT B
(TNRCC form 269a)
ATTACHMENT C
ADDITIONAL GRANT PROVISIONS
ATTACHMENT C
ADDITIONAL GRANT PROVISIONS
ARTICLE 1. GENERAL RESPONSIBILITIES OF THE FUNDS RECIPIENT
(a) The FUNDS RECIPIENT shall be responsible for the professional quality,
technical accuracy, timely completion and coordination of all tasks to be
carried out under this Agreement (Contract).
(b) Neither the FUNDING AGENCY'S review, approval or acceptance of, nor
payment for any of the Attachment A described, grant -supported tasks,
including final payment, 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. The FUNDS RECIPIENT shall be, and remain,
liable in accordance with applicable law for all damages to the TNRCC
including reasonable attorneys' fees and court costs caused by the FUNDS
RECIPIENT's negligent performance of any of the grant -supported tasks
carried out under this Agreement.
(c) The FUNDS RECIPIENT agrees to hold harmless the FUNDING AGENCY and all of
its employees and officers against any and all liability, loss or damage
arising out of or incident to the FUNDS RECIPIENT'S work performance or
use of equipment.
(d) The obligations of the FUNDS RECIPIENT under this Article are in addition
to the FUNDS RECIPIENT'S other express or implied assurances under this
Agreement or applicable law.
ARTICLE 2. TERMINATION
(a) This Agreement may be terminated in whole or in part in writing by either
party for its convenience, provided that no such termination may be
effected unless the other party is given:
(1) Not less than ten (10) days written notice (delivered by certified
mail, return receipt requested) of intent to terminate; and
(2) An opportunity for consultation with the terminating party prior to
termination.
(b) If termination under Section (a) of this Article is effected by the
FUNDING AGENCY, an adjustment in the Agreement amount shall be made, but:
(1) No amount shall be allowed for anticipated profit on unperformed
services, tasks or other work; and
(2) Any payment due the FUNDS RECIPIENT at the time of termination may
be adjusted to the extent of any additional costs occasioned to the
FUNDING AGENCY by reason of the FUNDS RECIPIENT'S default. However,
the adjustment for any termination shall provide for payment to the
FUNDS RECIPIENT for services rendered and expenses incurred prior to
the termination, in addition to termination settlement costs
reasonably incurred by the FUNDS RECIPIENT relating to contracts
entered into prior to the termination.
(c) Upon receipt of a termination notice pursuant to Sections (a) or (b)
above, the FUNDS RECIPIENT shall:
(1) Promptly discontinue all services affected (unless the notice
directs otherwise); and
(2) Deliver or otherwise make available to the FUNDING AGENCY all data,
drawings, specifications, reports, estimates, summaries, and such
other information, materials, and equipment as may have been
accumulated by the FUNDS RECIPIENT in performing this Agreement,
whether completed or in process.
(d) Upon termination pursuant to Sections (a) or (b) above, the FUNDING AGENCY
may take over and complete the work by agreement with another party or
otherwise.
(e) If, after termination for failure of the FUNDS RECIPIENT to fulfill its
obligations under this Agreement, it is determined that the FUNDS
RECIPIENT had not so failed, an adjustment of the Agreement amount shall
be made as provided in Section (c) of this Article.
ARTICLE 3. CHANGES
(a) The Executive Director of the FUNDING AGENCY, or his Authorized
Representative identified in accordance with Article 12 of this Attachment
may, at any time, by written notification to the FUNDS RECIPIENT, make
changes to the tasks being supported under this Agreement. If such
changes cause an increase or decrease in the FUNDS RECIPIENT'S cost of, or
time required for, performance of any of the tasks being supported under
this Agreement, an equitable adjustment shall be made and this Agreement
shall be modified in writing accordingly. Any claim of the FUNDS
RECIPIENT for adjustment under this clause must be asserted in writing
within thirty (30) days after the date of receipt by the FUNDS RECIPIENT
of the notification of change, unless the Executive Director of the
FUNDING AGENCY or his Authorized Representative grants a further period of
time before the date of final payment under this Agreement.
(b) 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 Agreement;
(3) A change to the overall scope of the Agreement or to the Scope of
Services;
(4) Any action that is beyond the authority of the Executive Director or
the Authorized Representative of the FUNDING AGENCY.
(c) Implementation of a Major Change must be preceded by a formal written
amendment to the Agreement. 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.
(d) 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 Agreement.
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, or may give
the FUNDS RECIPIENT verbal approval for the change. 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.
(e) 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 (c) of this Article.
Additional Grant Provisions Attacbsont C, Pago 2
ARTICLE 4. ACCOUNTING SYSTEMS
The FUNDS RECIPIENT shall have an accounting system which accounts for costs in
accordance with generally accepted accounting standards or principles. The FUNDS
RECIPIENT must propose and account for costs in a manner consistent with such
standards or principles.
ARTICLE 5. AUDIT, ACCESS TO RECORDS
(a) The FUNDS RECIPIENT shall maintain and make available for inspection,
audit, or review books, records, documents, and other evidence directly
pertinent to the performance or completion of any and all tasks supported
under this Agreement, including negotiated changes or amendments thereto,
in accordance with accepted professional practice, and appropriate
accounting procedures and practices, at a location within Texas as
identified in Exhibit 1 of this Attachment. The FUNDS RECIPIENT shall,
upon request, also make available at such location the financial
information and data used by the FUNDS RECIPIENT in the preparation or
support of the proposed grant budget submitted to the FUNDING AGENCY when
applying for this Grant. The FUNDING AGENCY or any of its duly authorized
representatives, shall have access to such books, records, documents, and
other evidence for the purpose of inspection, audit review and, upon
conference with the FUNDS RECIPIENT, copying. All such information shall
be handled by the auditing parties in accordance with good business
ethics.
(b) Audits conducted pursuant to this provision shall be in accordance with
generally accepted auditing standards and established procedures and
guidelines of the reviewing or auditing agency(ies).
(c) Where the audit concerns the FUNDS RECIPIENT, the FUNDING AGENCY will
afford the FUNDS RECIPIENT an opportunity for an audit exit conference and
an opportunity to comment on the pertinent portions of the draft audit
report. The final audit report will include the written comments, if any,
of the audited parties.
(d) Records under Section (a) above shall be maintained and made available
during performance on work under this Agreement and until three years from
date of final payment by the FUNDING AGENCY for the project. In addition,
those records which relate to any dispute, litigation, or the settlement
of claims arising out of such performance, or costs or items to which an
audit exception has been taken shall be maintained and made available
until three years after the date of resolution of such disputes,
litigations, claims, or exceptions.
(e) Access to records is not limited to the required retention periods. The
FUNDING AGENCY and any of its authorized representatives shall have access
to records at any reasonable time for as long as the records are
maintained.
(f) The FUNDING AGENCY reserves the right to require the reimbursement of any
over -payments determined as a result of any audit or inspection of records
kept by the FUNDS RECIPIENT on grant -supported tasks performed under this
Agreement.
ARTICLE 6. SUBGRANTS AND SUBCONTRACTS
(a) A "subgrant" is an award made by the FUNDS RECIPIENT to another state
agency, local government, or organization to perform work related to the
purposes of this Agreement, but not required for the FUNDS RECIPIENT'S
completion of the tasks to be performed under this Agreement.
"Subgrantees" are the recipients of such subgrants.
(b) Any subcontractors and outside associates or consultants used by the FUNDS
RECIPIENT in connection with the services covered by the Agreement, and
any subgrantees under this Agreement, shall be limited to such individuals
or firms as were specifically identified in Attachment A of this Agreement
Additional grant Provisions Attachment C, Page 3
or as are specifically approved by the Executive Director of the FUNDING
AGENCY, or a person identified in writing as described in Article 13 of
this Attachment, during the performance of this Agreement. Any
substitution in such subcontractors, associates, or consultants shall be
subject to the prior written approval of the FUNDING AGENCY'S Executive
Director or a person identified in writing as described in Article 13, and
identified in Exhibit 1 to this Attachment.
ARTICLE 7. TITLE TO AND MANAGEMENT OF EQUIPMENT AND CONSTRUCTED
FACILITIES
(a) Subject to the obligations and conditions set forth in this Agreement,
title to all equipment and/or constructed facilities acquired under this
Agreement will vest, upon acquisition or construction, in the FUNDS
RECIPIENT.
(b) The FUNDS RECIPIENT agrees to conduct physical property inventories, to
maintain property records and necessary control procedures, and to provide
adequate maintenance with respect to all equipment and/or constructed
facilities acquired under this Agreement, as set forth below.
(c) The FUNDS RECIPIENT may develop and use its own property management system
which must conform with all applicable state and local laws, rules and
regulations. If an adequate system for accounting for personal property
owned by the FUNDS RECIPIENT or its subgrantee is not in place or
currently in use, the Property Accounting System Manual issued by the
State of Texas General Services Commission shall be used as a guide for
establishing such a system.
(d) A physical inventory of all equipment or property acquired or replaced
under this Agreement having an initial purchase price of five hundred
dollars ($500) or more, shall be conducted no less frequently than once
every two years and the results of such inventories reconciled with the
appropriate property records. Property control procedures utilized by the
FUNDS RECIPIENT shall include adequate safeguards to prevent loss, damage,
or theft of the acquired property. The FUNDS RECIPIENT agrees to develop
and carry out a program of property maintenance as necessary to keep both
originally acquired and any replaced property in good condition, and to
utilize proper sales procedures to ensure the highest possible return, in
the event such equipment or property is sold.
(e) All equipment and/or constructed facilities acquired or replaced under
this Agreement shall be used by the FUNDS RECIPIENT, or its subgrantees,
to support the purposes of this Agreement, for as long as the equipment or
facilities are needed for such purposes, whether or not the original
projects or programs continue to be supported by State funds.
(f) The FUNDS RECIPIENT, or its subgrantee, may for the purpose of replacing
various equipment or facilities utilized under this Agreement, either
trade in or sell the equipment or property referred to in Section (a) of
this Article and use the proceeds of such trade-in or sale to offset the
cost of acquiring needed replacement property.
(g) Subject to Sections (h)-(j) of this Article, if no longer needed for the
support of the authorized projects or programs referred to in Section (e)
of this Article, equipment and/or property acquired under this Agreement,
whether original or replacement, may be used in support of other
activities currently or previously supported by the FUNDING AGENCY, or
alternatively, may be made available for use on other projects or
programs, providing such other use will not interfere with the work on
those projects or programs for which such equipment or facilities were
originally acquired or constructed.
(h) If any equipment or property acquired or replaced under this Agreement is
sold or transferred within six years of the initiation date of the
Agreement, the FUNDS RECIPIENT agrees that the FUNDING AGENCY is entitled
to a share of the proceeds from such sale, provided the fair market, per -
unit value of the property at the time of the sale is in excess of five
Additional grant Provisions Attacb'ant C, Page 4
thousand dollars ($5,000). The FUNDING AGENCY,s share of the sale
proceeds shall be the same percentage as was the funding provided under
this Agreement that enabled the original purchase or acquisition of the
property in question. Property that is no longer needed and that has a
fair market, per -unit value of five thousand dollars ($5,000) or less may
be retained, sold, transferred, or otherwise disposed of with no further
obligation to the FUNDING AGENCY, provided the requirements set forth in
Sections (i) and (j) of this Article are followed. If the property or
equipment has a fair market, per -unit value of five thousand dollars
($5,000) or more and less than six years has elapsed from the initiation
of the Agreement, the FUNDS RECIPIENT or the subgrantee must contact the
FUNDING AGENCY for final disposition instructions.
(i) If, prior to the termination date of this Agreement, the FUNDS RECIPIENT
or its subgrantees determine that any equipment or constructed facilities
acquired with funds provided as a result of this Agreement is no longer
needed for support of the programs or projects referred to in Section (e)
of this Article, the FUNDING AGENCY may require the FUNDS RECIPIENT to
transfer title and possession to such equipment or movable constructed
facilities to a third party named by the FUNDING AGENCY.
(j) The FUNDS RECIPIENT agrees that if a determination is made after this
Agreement has terminated that any equipment or constructed facilities
acquired with funds provided as a result of this Agreement is no longer
needed for support of the programs or projects referred to in Section (e)
of this Article, the FUNDING AGENCY has a right to require the transfer of
any equipment or movable constructed facilities having a fair market, per
unit value of more than five thousand dollars ($5,000) to a third party
named by the FUNDING AGENCY.
(k) The FUNDS RECIPIENT shall not grant or allow to a third party a security
interest in any original or replacement materials, equipment, or
facilities purchased or constructed with funds made available to FUNDS
RECIPIENT under this Agreement.
(1) The FUNDS RECIPIENT agrees that, in the event any funds provided under
this Agreement are in turn awarded to any subgrantee for the purchase or
acquisition of any equipment or constructed facilities, by such other
party, the FUNDS RECIPIENT's contract with that subgrantee shall include
the requirements set forth in Sections (a) - (k) of this Article.
ARTICLE 8. REMEDIES
(a) Notwithstanding any other terms in this Agreement, or any attachments or
addenda hereto, or any documents comprising this Agreement, all claims,
counterclaims, disputes, and other matters in question between the FUNDING
AGENCY and the FUNDS RECIPIENT arising out of or relating to this
Agreement or the breach thereof will be decided in a court of competent
jurisdiction in the City of Austin, Travis County, Texas.
(b) The parties may agree to submit claims, counterclaims, disputes, and other
matters in question between the FUNDING AGENCY and the FUNDS RECIPIENT to
arbitration or mediation, but only by written amendment to this Agreement
signed by both the FUNDING AGENCY and the FUNDS RECIPIENT.
ARTICLE 9. EMPLOYMENT PRACTICES
The FUNDS RECIPIENT agrees that in the performance of this Agreement, it will not
discriminate against any employee or applicant because of race, religion, color,
sex, age, or national origin and it will comply with Executive Order 11246,
entitled "Equal Employment Opportunity", as amended by Executive Order 11375, and
as supplemented in Department of Labor Regulations (Title 41 CFR Part 60). The
FUNDS RECIPIENT assures that no person will, on the grounds of race, creed,
color, handicap, national origin, sex, political affiliation or beliefs, be
excluded from, be denied the benefit of, or be subject to discrimination under
any program or activity funded in whole or part under this Agreement.
Additional Grant Provioions Attachment C, Pays 5
ARTICLE 10. AMERICANS WITH DISABILITIES ACT
The FUNDS RECIPIENT shall comply with all applicable requirements of the
Americans with Disabilities Act of 1990, Public Law 101-336, 101st Congress, 2nd
Session, 104 Stat. 327 (July 26, 1990).
ARTICLE 11. UTILIZATION OF HISTORICALLY UNDERUTILIZED BUSINESS
(HUB) ENTERPRISES
(a) A Historically Underutilized Business (HUB) is a Corporation, Sole
Proprietorship, Partnership, or Joint Venture in which at least 51 percent
is owned, operated, controlled and actively managed by a person or persons
who are historically underutilized (socially disadvantaged) because of
their identification with members of certain groups, including Black
Americans, Hispanic Americans, Asian Pacific Americans, Native Americans
(American Indians) and Women who have suffered the effects of
discriminatory practices or similar insidious circumstances over which
they have no control.
(b) In accordance with FUNDING AGENCY policy, the FUNDS RECIPIENT agrees that,
in the event subcontractors, vendors, or suppliers are utilized under this
Agreement, it will attempt, by executing the steps suggested in Section
(d) of this Article, to achieve at least a thirty percent (30%)
participation by HUB enterprises in such contracts.
(c) The percentage of HUB participation shall be calculated as a percentage of
the total dollar amount of all subcontracts including those utilized for
supply, and/or equipment acquisition. The dollar base does not include
funds awarded by the FUNDS RECIPIENT as subgrants to local governments or
political subdivisions of the State.
(d) If the FUNDS RECIPIENT fails to achieve ten percent (10$) participation
over the duration of this project, it will demonstrate in writing that it
took the following affirmative action steps:
(1) Placed qualified small, minority, and women's business enterprises
on solicitation lists;
(2) Assured that such businesses and business enterprises were solicited
whenever they were potential sources;
(3) Divided contract -based requirements, when to do so is economically
feasible, into smaller tasks or quantities so as to permit maximum
participation by such business enterprises;
(4) Established delivery schedules, where the contract requirements
permitted, which encouraged participation by such business
enterprises;
(5) Utilized the services and assistance available from the Texas
Natural Resource Conservation Commission's (TNRCC) Acquisition and
Compliance HUB Coordinator, the Small Business Administration,
and/or the Minority Business Development Agency of the Department of
Commerce; and
(6) Required its subcontractors to take the affirmative steps listed in
Subsections (1) - (5) of this Section.
(e) The FUNDS RECIPIENT's failure to abide by the terms of this Article shall
be grounds for termination of this Agreement.
ARTICLE 12. INTELLECTUAL PROPERTY
(a) For the purpose of this Article, "intellectual property" refers to:
(1) Any discovery or invention for which patent rights may be
acquired;
Additional Grant Provisions Attachment C, Page 6
(2) Any photographs, graphic designs, plans, drawings, specifications,
computer programs, technical reports, operating manuals, or other
copyrightable materials; and
(3) Any other materials in which intellectual property rights may be
obtained.
(b) If the FUNDS RECIPIENT first conceives of, actually puts into practice,
discovers, invents, or produces any intellectual property during the
course of its work under this Agreement, it shall report that fact to the
FUNDING AGENCY.
(c) The FUNDS RECIPIENT may obtain governmental protection for rights in the
intellectual property. However, the FUNDING AGENCY hereby reserves a
nonexclusive, royalty -free and irrevocable license to use, publish, or
reproduce the intellectual property for sale or otherwise, and to
authorize others to do so. The FUNDING AGENCY also reserves a royalty -
free nonexclusive, and irrevocable license to use, publish, or reproduce
for sale or otherwise, and to authorize others to use, publish, or
reproduce, for sale or otherwise (to the extent consistent with the rights
of third parties) any intellectual property for which the FUNDS RECIPIENT
obtains rights with funds received under this Agreement.
(d) In performing work supported under this Agreement, the FUNDS RECIPIENT
shall comply with all laws, rules, and regulations relating to
intellectual property, and shall not infringe on any third-party's
intellectual property rights. It shall hold the FUNDING AGENCY harmless
for any claims for infringement related to its work under this Agreement.
(e) The FUNDS RECIPIENT shall include provisions adequate to effectuate the
purposes of this Article in all subcontracts under this Agreement in the
course of which intellectual property may be produced or acquired.
ARTICLE 13. AUTHORIZED REPRESENTATIVES
(a) The Executive Director of the FUNDING AGENCY, will identify a person
authorized to give direction to the FUNDS RECIPIENT, and act on behalf of
the FUNDING AGENCY. The person designated as the TNRCC Authorized
Representative is identified in Exhibit 1 to this Attachment.
(b) The Executive Director of the FUNDING AGENCY hereby authorizes such
identified person to further delegate his or her authority as necessary,
including any delegation of authority to a FUNDING AGENCY employee who
will act as the FUNDING AGENCY's authorized Field Representative. Written
notice of any such delegation shall be provided to the FUNDS RECIPIENT.
(c) The FUNDS RECIPIENT will identify 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. The person designated as an
Authorized Representative is identified in Exhibit 1 to this Attachment.
(d) The FUNDS RECIPIENT agrees to make whatever arrangements are necessary to
ensure that its Authorized Representative, or someone to whom that person
has delegated his or her authority, is available at all times for
consultation with the FUNDING AGENCY. Written notice of any such
delegation shall be provided to the FUNDING AGENCY.
ARTICLE 14. DATA AND PUBLICITY
(a) All data and other information developed under this Agreement shall be
furnished to the FUNDING AGENCY and shall be public data and information
except to the extent that it is exempted from public access by the Texas
Opens Records Act, TEXAS GOVERNMENT CODE, Chapter 552 ("Act"). Upon
termination of this Agreement, all data and information shall become the
property of the FUNDING AGENCY.
Additional Grant Provisions Attachment C, Pago 7
(b) Except as otherwise provided by this Agreement, or by the Act, the FUNDS
RECIPIENT shall not provide data generated or otherwise obtained in the
performance of its responsibilities under this Agreement to any party
other than the State of Texas and its authorized agents.
(c) Except as otherwise provided by this Agreement, the FUNDS RECIPIENT agrees
to notify and obtain the verbal approval of the FUNDING AGENCY prior to
releasing any information to the news media regarding the activities being
conducted under this Agreement.
ARTICLE 15. LICENSES, PERMITS AND LAWS
The FUNDS RECIPIENT shall, except as otherwise provided in this Agreement, 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 work supported by this Agreement.
ARTICLE 16. ACKNOWLEDGEMENT OF FINANCIAL SUPPORT
The FUNDS RECIPIENT shall acknowledge the financial support of the FUNDING AGENCY
whenever work funded, in whole or part, by this Agreement is publicized or
reported in news media or publications. All reports and other documents
completed as a part of this Agreement, other than documents prepared exclusively
for internal organizational use by the FUNDS RECIPIENT or within the FUNDING
AGENCY, shall carry the following notations on the front cover or title page:
"PREPARED IN COOPERATION WITH THE TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION"
ARTICLE 17. ENERGY EFFICIENCY STANDARDS
The FUNDS RECIPIENT shall follow standards and policies on energy efficiency
which are contained in the Texas State Energy Conservation Plan issued in
compliance with the Energy Policy and Conservation Act (P.L. 94-163).
ARTICLE 18. UNIFORM GRANT AND CONTRACT MANAGEMENT ACT
The provisions of the "Uniform Grant and Agreement Management Act", TEX GOV'T
CODE ANN. §783.001 et seq (Vernon, 1992) apply to this Agreement. Compliance
with the conditions and requirements contained therein is necessary for the
satisfactory performance of the services and work required under this Agreement.
ARTICLE 19. NOTICE
Any notice or other written communication shall be considered delivered three (3)
days after the date postmarked, provided such notice or written communication is
sent by certified mail, return receipt requested, or delivered in person to the
authorized representative of the party specified as described in Article 14 this
Attachment.
ARTICLE 20. HEADINGS
The headings to sections contained in this Agreement are for convenience and
reference only and in no way define, describe, extend or limit the scope or
intent of the substantive provision to which the heading applies unless the
context so requires.
ARTICLE 21. ORDER OF PREFERENCE
Unless otherwise stated, a listing of factors, criteria or subjects in this
Agreement does not constitute an order of preference.
Additional Grant Provisions Attachment C, Page 0
ARTICLE 22. WAIVER
Unless authorized in accordance with Article 4 of this Attachment (relating to
Changes), or in writing by the Executive Director of the FUNDING AGENCY, no
waiver of any obligation of the FUNDS RECIPIENT under this Agreement shall bind
the Commission. Furthermore, unless specified in the written authorization, the
authorized waiver by the Executive Director of such obligation shall not
constitute a continuing waiver of the obligation. No waiver by the Executive
Director shall constitute a waiver of the Commission's subsequent right to demand
and receive performance within a reasonable time to be specified by the
Commission, in accordance with all provisions of this Agreement.
ARTICLE 23. 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 24. ASSIGNABILITY
Any attempted assignment or other transfer of this Agreement by FUNDS RECIPIENT
without the written consent of the FUNDING AGENCY shall be void.
ARTICLE 25. ENTIRE AGREEMENT
This Agreement (including the document entitled Assistance Grant, and Attachments
A - C thereto and all referenced Exhibits) represents the entire Agreement
between the contracting parties and supersedes any and all prior contracts
between the parties, whether written or oral.
ARTICLE 26. AMENDMENTS
Any amendments, modifications or supplements to this Agreement shall be in
writing and shall be signed by both parties in accordance with Article 3 of this
Attachment.
Additional Grant Provisions Attachment C, Page 9
EXHIBIT 1
TO ATTACHMENT C
DESIGNATION OF AUTHORIZED REPRESENTATIVES
FiNk-pC
DESIGNATED LOCATION FOR RECORD ACCESS AND REVIEW
DESIGNATION OF AUTHORIZED REPRESENTATIVES
(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:
Ron Giles, Recycling Section
Pollution Prevention & Recycling/Clean Texas 2000
Texas Natural Resources Conservation Commission
P.O. Box 13087
Austin, Texas 78711-3087
(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:
Debra Frankhouser, Assistant Superintendent
Solid Waste Department
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
(806) 767-2490 Fax (806) 762-2664
(c) The FUNDS RECIPIENT designates the following location for
record access and review as required under Attachment C,
Article 5 of this Agreement:
City of Lubbock
324 Municipal Drive
Lubbock, Texas 79457