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HomeMy WebLinkAboutResolution - 1900 - Agreement - LCC Institue Of Water Research - Waste Water & Pollution Project - 12/20/1984JWF:js RESOLUTION RESOLUTION #1900 Agenda.Item #21 December 20, 1984 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of said City an Agreement to be entered into by and between said City and LCC Institute of Water Research, a corporation existing under the laws of the State of Texas, which Agree- ment is a Matching In -Kind Funds Agreement, pursuant to a project funded by a grant from the United States of America Environmental Protection Agency related to extended wastewater treatment and water pollution control, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 20th day of December , 1984. lZa � - ALANLIIENRY9 MAYOR ATTEST: .a (4Ranettyd, City Secretary AS TO CONZENT: ahl, Director APPROVED AS T -O- FORM: Worth Fullingim, Asst. City Attorney RESOLUTION #1900 MATCHING IN-KIND FUNDS AGREEMENT THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS COUNTY OF LUBBOCK § This _.agreement entte.red into .this 20th. day of December 1984 by and between the City of Lubbock, a Home Rule Municipal Cor- poration, of Lubbock County, Texas hereinafter called "CITY" and LCC Institute of Water Research, a Corporation existing under the laws of the State of Texas, and located in Lubbock County, Texas, and hereinafter called "CORPORATION", each acting herein by and through its respective officers theretofore duly authorized. WITNESSETH WHEREAS the CITY and Standefer and Gray, Inc., heretofore entered into certain agreements relating to the delivery and dis- posal of sewage effluent from the City of Lubbock water reclama- tion plant, and WHEREAS,the CORPORATION with the support of the United States of America through the Environmental Protection Agency of said government has proposed the delivery of such sewage effluent to properties owned or controlled by agreement by the CORPORATION which can use such sewage effluent in an extended wastewater treat- ment and water pollution control project funded by a grant from the United States of America Environmental Protection Agency. NOW THEREFORE in--considerationof the mutue3--agreements-imd_- the consideration of the terms, conditions, and covenants to be kept and performed by the parties hereto, the CITY and the COR- PORATION do hereby agree as follows: 1. The CITY agrees to operate and maintain the water recla- mation plant for the purpose of producing a sewage effluent from the City of Lubbock water reclamation plant of such a quality whereby it can be beneficially reused for agricultural and indus- trial purposes. 2. All cost of operating and maintaining the water recla- mation plant and operation and management of pipeline shall be borne by the CITY. 3. The CITY shall deliver sewage effluent not used by the CITY for its own purposes and/or for industrial purposes to Standefer & Gray, Inc. According to contractual agreements between Standefer & Gray, Inc. and CORPORATION. The total effluent avail- able to Standefer & Gray, Inc. and CORPORATION shall be divided 50 percent to Standefer & Gray and 50 percent to CORPORATION. 4. The CITY will allow the CORPORATION to use all operat- ing and maintenance costs incurred by the CITY, during the grant period, in the operation and maintenance of the water reclamation plant and pipeline, which are presently existing and thatwhichis to be constructed, for the purpose of satisfying EPA requirements in regard to matching in-kind funds. 5. In order to document the extent of costs which shall be available to the CORPORATION to use as matching in-kind funds, the CITY will maintain books, records, documents and other evidence directly pertinent to performance on EPA grant work under this agreement in accordance with accepted professional practice, appropriate accounting procedures and practices, and 40 CFR §§ 30.605, 30.805, and 35.953-7. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, the CORPORATION, and (the state water pollution control agency) or any of their duly authorized representatives shall have access to such books, records, documents and other evidence for the purpose of inspec- tion, audit and copying. The CITY will provide proper facilities for such access and inspection. Executed this 20th Day of December A.D.,, 1984. The City of Lubbock Mayor Attest: Approved as to form: U LCC Institute of Water Research B Jr Attest: Approved: