Loading...
HomeMy WebLinkAbout1997-158J \WPDOCS\ORD\NPDES ORD ORDINANCE NO AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS WHEREIN THE UNIVERSITY OF NORTH TEXAS ENGAGES THE CITY OF DENTON, AS A SUBCONTRACTOR, TO FURNISH SERVICES AND FACILITIES IN CONNECTION WITH THE PROJECT GENERALLY KNOWN AS "DEMONSTRATION OF IMPROVED MONITORING AND OVERSIGHT STRATEGIES FOR MUNICIPAL NPDES PROGRAMS PROJECT", APPROVING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the University of North Texas ("UNT") has heretofore entered into a Contract with the United States Environmental Protection Agency ("EPA") described as Contract No C X 824841-01- 0, providing for the completion of the project which is generally identified as "Demonstration of Improved Monitoring and Oversight Strategies For Municipal NPDES Programs Project" (the "Project"), and WHEREAS, UNT has expressed its desire to obtain the use of certain City of Denton facilities and the services of several employees of the City of Denton in order to assist it in the completion of the Project, and desires to enter into a subcontract with the City of Denton generally described as Subcontract No 96- 169-1 (the "Subcontract"), and WHEREAS, the City Council has determined that it is in the best interest of the City of Denton to enter into the above Subcontract with UNT, in light of the consideration expected to be paid to the City thereunder, and in light of other advantages and benefits in the nature of environmental efficiency, which will accrue to the City by its participation in the Project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves Subcontract No 96-169-1 attached hereto, between UNT and the City, in connection with the City of Denton, as Subcontractor, furnishing facilities and services in connection with the project known as "Demonstration of Improved Monitoring and Oversight Strategies for Municipal NPDES Programs Project", and authorizes the City Manager to execute said subcontract SECTION II. That the expenditure of funds as provided in the attached agreement is hereby authorized SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the L day of 1997 JACUILLER,' ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY 4" Q UNIVERSITY OF NORTH TEXAS Denton, Texas NO. 96-169-1 COST REIMBURSEMENT THIS AGREEMENT, by and between the University of North Texas, Denton, Texas (hereinafter °UNT") and the City of Denton, Texas, a municipal corporation(hereinafter "Subcontractor") and constituting a Subcontract under Contract No C X 824841-01-0 between UNT and United States Environmental Protection Agency (hereinafter "Sponsor"), WITNESSETH WHEREAS, UNT has entered into the above referenced agreement with Sponsor for certain work, all as therein provided, for "Demonstration of Improved Monitoring and Oversight Strategies for Municipal NPDES Programs;" and WHEREAS, in connection with such work, UNT desires that Subcontractor perform certain services, all as herein provided, and Subcontractor has agreed to do so under the terms and condi- tions hereinafter set forth; NOW THEREFORE, the parties mutually covenant and agree as follows Article 1 Scope of Work Subcontractor shall provide all necessary personnel, equip- ment, supplies, and facilities to perform the work described in Attachment A, Statement of Work, which is attached hereto and is hereby made a part of this agreement for all purposes Article 2 UNT Project Director All work under this Subcontract shall be performed under the general guidance and technical direction of Dr Kenneth Dickson, the UNT Project Director. Such guidance and direction shall not, however, effect any change in the provisions of this Subcontract, increase its estimated cost, or extend the period of performance Such 'changes shall be made only by amendment to this Subcontract in the manner stipulated herein. The UNT Project Director is not authorized to amend this contract in any manner Article 3 Subcontractor Key Personnel Subcontractor shall provide the following personnel to direct and/or perform the work required by this Subcontract These individuals are considered to be essential to the work being performed and shall not be removed or replaced without the prior written consent of UNT Key Personnel Mr Jim Coulter Mr Bill McCullough Article 4 Technical Reports Subcontractor agrees to provide timely and accurate techni- cal reports to the UNT Project Director as set forth and in general accordance with the schedule, in Attachment A if Attachment A does not contain a report schedule, Subcontractor hereby agrees to provide interim and final technical reports, as required of UNT by Sponsor, of the work hereunder to the UNT Project Director reasonably prior to the deadline for submission of UNT reports to Sponsor Article 5 Period of Performance Stop Work and Termination The period of performance under this Subcontract shall begin on February 15, 1996 and shall terminate on December 31, 1997, unless sooner terminated in accordance with the provisions herein UNT has recently obtained an extension of its current agreement with Sponsor in order to complete this project, which is reflected in the work statement in Attachment A UNT may notify Subcontractor to stop work at any time, in which case Subcontractor agrees to immediately cease incurring expenses hereunder and to forego incurring additional expenses until so notified by UNT. UNT may terminate this Subcontract, without cause, by giving not less than thirty (30) days prior written notice to Subcontractor Termination or cancellation of this Agreement shall not affect the rights and obligations of the parties accrued prior to termination In the event of termination, Subcontractor agrees to submit all existing project data, analy- ses, maps, charts, photographs, computer programs and other project materials, in whatever form they may exist, to the UNT Project Director in a timely fashion Upon receipt of all project data and materials, UNT agrees to initiate payment to Subcontractor for all services performed and for all non -cancell- able commitments made prior to receipt of the notice of termina- tion No other expenses, costs, or damages shall be paid upon termination other than as stipulated herein Article 6. Integration The parties acknowledge that this Agreement is part of a series of contracts between the parties and other entities in order to accomplish a specific objective, generically identified as the "Demonstration of Improved Monitoring and Oversight Strategies for Municipal NPDES Programs Project " If the "Demonstration of Improved Monitoring and Oversight Strategies for Municipal NPDES Programs Project" is canceled or if some of the other integral contracts and arrangements between the other parties render it impossible or impractical to proceed with the project, UNT may cancel this Agreement without liability except as herein stated This Agreement is to be construed as part of the overall project and in connection and conjunction with other related contracts, agreements and objectives of the project Article 7 Comnensation For the services, counsel, reports and other items delivered hereunder, UNT shall pay Subcontractor on a cost -reimbursable basis in an amount not to exceed Fifty -Nine Thousand Eight Hundred and Eight Dollars ($59,808.00), except that not more than ninety percent (90%-) of the costs billed shall be paid prior to receipt and acceptance by UNT and Sponsor of all reports and other deliverables, if any, required hereunder In the perfor- mance of work under this Subcontract, Subcontractor agrees to expend funds in accordance with the budget detailed in Attachment B, Approved Budget, attached hereto and by this reference made a part hereof for all purposes ALL COSTS INCURRED BY SUBCONTRACTOR MUST BE BILLED NOT LATER THAN SIXTY (60) DAYS AFTER TERMINATION OF THIS SUBCONTRACT. ANY COST NOT BILLED WITHIN SIXTY (60) DAYS AFTER TERMINATION WILL NOT BE PAYABLE UNDER THIS SUBCONTRACT. ALL PAYMENTS TO SUBCONTRACTOR ARE CONTINGENT UPON THE SATISFACTORY PERFORMANCE OF THE WORK HEREUNDER AND THE APPROVAL OF DELIVERABLES BY THE UNT PROJECT DIRECTOR, WHO SHALL BE THE SOLE JUDGE OF THE ADEQUACY AND APPROPRIATENESS OF THE WORK DELIVERED BY SUBCONTRACTOR HEREUNDER. Article 8 Billing Instructions Subcontractor shall, at appropriate intervals following com- mencement of work, but not more often than monthly, submit billings to UNT for payment of services performed and expenses incurred during the Subcontract period These billings must be in sufficient detail and must be accompanied by all supporting documents required for payment by UNT Billings are to be submitted to Office of Grant Accounting University of North Texas P 0 Box 13646, NT Station Denton, Texas 76203-3646 Article 9 Eouipment Accountability and Disposition Title to all permanent equipment purchased by Subcontractor under this Subcontract shall vest in Subcontractor upon acquisi- tion, subject to the provisions of 45 CFR 74 136 An inventory of all permanent equipment purchased hereunder must be maintained by Subcontractor Subcontractor's property management system must meet the requirements of U.S Office of Management and Budget (OMB) Circular A-110, Attachment N, and, if applicable, must be approved by the Environmental Protection Agency in its essential elements For purposes of this Subcontract, the term "permanent equipment" is defined as individual items of equipment costing $1,000 or more and having a useful life of more than two years Article 10. Foreian Tra Unless specified in the Approved Budget, foreign travel is not authorized under this Subcontract Requests to allow foreign travel hereunder must be submitted to UNT in writing at least six (6) weeks in advance and must contain the following (a) meet- ing(s) and place(s) to be visited, with dates and costs, (b) name(s) and titles) of personnel who will travel and their functions in the project; (c) purposes to be served by the travel, (d) how travel of personnel will benefit and contribute to accomplishing the project, or will otherwise justify the expenditure of funds, (e) how the advantages justify the costs for travel and absence from the project of more than one person if two or more persons intend to travel, and (f) what additional functions may be performed by the traveler(s) to accomplish other purposes of the project and thus further benefit the project Travel within the United States is approved to the extent allowed in Attachement B 4 Article 11 Project Income Subcontractor shall remit or credit to the Sponsor awarding the prime agreement any interest or other investment income earned on advances of funds made under this Subcontract If the income is used on a federally assisted project, the use of such income must be reported on the Financial Status Report(s) for that project for the applicable period Subcontractor will report all Program Income to the Sponsor through UNT at least annually and no later than sixty (60) days after termination of this Subcontract Article 12 Audit Allowable Costs and Reimbursement If Subcontractor is subject to the audit requirements of OMB Circulars A-128 or A-133, Subcontractor shall submit a copy of its most recent financial and compliance audit report to the Director, Office of Grant Accounting, P 0 Box 13646, UNT Sta- tion, Denton, Texas, 76203, prior to the execution of this Subcontract If the Subcontractor is not subject to OMB A-128 or A-133, Subcontractor shall have an audit of the program conducted and submitted to UNT within ninety (90) days of the end of the period of performance as specified in this Subcontract This audit will be conducted by an independent certified public accounting firm and shall be conducted in accordance with generally accepted Federal Government Audit Standards as issued by the Comptroller General of the United States. Subcontractor certifies that, in instances of noncompliance with Federal laws and regulations, appropriate corrective action will be taken. Subcontractor agrees to notify UNT of the manage- ment decision issued by the responsible Federal agency and of the completion of the corrective action within six (6) months of furnishing the audit report to UNT The books of account, files, and other records of Subcon- tractor which are applicable to this Subcontract shall be avail- able at all reasonable times for inspection, review and audit by representatives of UNT, Sponsor and/or another authorized agency to determine the proper application and use of all funds paid to or for the account or benefit of Subcontractor Subcontractor agrees to maintain these records and make them available as required for a minimum of three (3) years following completion or termination of this Subcontract 5 The allowability of costs under this Subcontract shall be determined in accordance with OMB Circular A-21 and appropriate Sponsor regulations Subcontractor assumes sole responsibility for reimbursement to UNT and/or Sponsor of a sum of money equiva- lent to the amount of any expenditures disallowed should Sponsor or another authorized agency rule through audit exception or some other appropriate means that expenditures from funds allocated to Subcontractor were not made in compliance with the terms of this Subcontract Article 13. Rights in Data The parties hereto shall have the following rights in data generated under the provisions of this Subcontract- 13 1 Definitions 1 "Data" as used herein means recorded information, regardless of form or the media on which it may be recorded. The term includes Computer Software, and data of a scientific or technical nature The term does not include information incidental to grant administration, such as financial, adminis- trative, cost or pricing or management informa- tion. 2. "Computer Software" as used herein means computer programs, computer data bases and documentation thereof 3. "UNT and Federal Government Purposes" as used herein does not include the right to use, or au- thorize others to use, Data first produced in the performance of this Subcontract for commercial purposes. For this Subcontract, the definition of "commercial purposes" is the right to reproduce, produce or manufacture and sell the Data for prof- it 13 2 Rights in Subcontractor Except as otherwise provided in the terms and conditions of this Subcontract, the Subcontractor shall have the right to and may permit others to copyright, publish, disclose, disseminate and use, in whole or in part, any Data first produced in the performance of work under this Subcontract 13.3 Rights in UNT and Federal Government Except as otherwise provided in the terms and conditions of this Subcontract, UNT and the Federal Government, and others acting for the Federal Government on its behalf, shall have the right, and are hereby granted a royalty -free, non-exclusive, irrevocable license throughout the world to use, reproduce, prepare derivative works, perform publicly, display publicly and distribute to the public any Data including Data copyrighted pursuant to paragraph 14 2 above, first produced in the perfor- mance of work under this Subcontract for UNT and Federal Govern- ment purposes. Article 14 Inventions Patents and Licenses This Subcontract shall be sub3ect to the Patent Rights clause at 37 CFR 401 14 (51 FR 25517, et seq , July 14, 1986 or any subsequent amendment in effect as of the beginning date of this Subcontract) and the following. 14 1 Definitions The term "Know -How" shall mean all patentable and unpatentable technical information, trade secrets, devices, models, things, know-how, methods, docu- ments, materials and all other confidential infor- mation related to the work under this Subcontract The term "Patent Rights" shall mean any patentable devices, methods or procedures arising out of the work under this Subcontract and all patents, reex- aminations, reissues, renewals, extensions, divi- sionals and continuations issued thereon and all foreign counterparts thereof. The term "Licensed Product(s)" shall mean any product which incorporates or utilized the Know - How or the Patent Rights 14.2 Disclosure Subcontractor shall report to UNT and the Federal Government all inventions conceived or first actually reduced to practice in the performance of the work under this Subcontract which shall be administered in accordance with P L 98-620 and 37 CFR Part 401. Subcontractor warrants that its policies require appropriate assignment of inventions, know-how and improvements from all persons who perform any part of the work under this Subcontract Disposition of title to inventions, the filing of patent applications, disposition of patent rights and licensing covering the manufacture, use and sale of products and processes shall be governed by 37 CFR Part 401 14 3 Grants of Licenses Subcontractor hereby grants to UNT and to the Federal Government royalty -free, non-exclusive, non -transferable, irrevo- cable licenses to any licensed product(s) developed under the pro]ect research. Article 15 Assurances Subcontractor agrees to exercise its best efforts to comply with all assurances required by Federal and state laws and regulations Such assurances and certifications required of Subcontractor include but are not necessarily limited to 15 1 Nondiscrimination Subcontractor agrees to comply with all Federal Stat- utes relating to nondiscrimination These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P L 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amend- ments of 1972, as amended (20 U S.0 §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex, (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U S C § 794) which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U S C §§ 6101-6107), which prohibits discrimination on the basis of age, (e) the Drug Abuse Office and Treatment Act of 1972 (P L 92-255), as amended, relating to nondiscrimination on the basis of drug abuse, (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P L 91- 616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism, (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U S C 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records, (h) Title VIII of the Civil Rights Act of 1968 A (42 U S C S 3601 et seq ), as amended, relating to nondiscrimi- nation in the sale, rental or financing of housing, (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made, and (j) the requirements of any other nondiscrimination statute(s) which may apply to the application 15 2 Protection of Human Subjects Subcontractor agrees to comply with P L 93-348 regard- ing the protection of human subjects, if any, involved in re- search, development and/or related activities under this Subcon- tract The rights and welfare of human subjects involved in the performance of the work under this Subcontract will be protected in accordance with procedures specified in Subcontractor's current Institutional Assurance on file with the Office of Protection from Research Risks, Office of the Director, National Institutes of Health Subcontractor further agrees to provide certification at least annually that an appropriate Institutional Review Board has reviewed and approved the procedures which involve human subjects in accordance with the applicable Institu- tional Assurance Subcontractor agrees to bear full responsibility for the performance of all work and services involving the use of human subjects under this Subcontract in a proper manner and as safely as is feasible 15 3 Care and Treatment of Laboratory Animals To the extent warm -blood animals are involved in the research work hereunder, Subcontractor agrees to comply with applicable portions of the Animal Welfare Act of 1966 (P L 89- 544, as amended, 7 USC 2131 et seq ) and with the applicable Federal laws, regulations and policy statements issued by the U S Department of Health and Human Subjects and/or the U S Department of Agriculture, as applicable, now currently in effect 15 4 Debarment Suspension Repayment of Federal Debt In accordance with Executive Order 12549, as implement- ed at 34 CPR Part 85, Sections 85 105 and 85 110, Subcontractor certifies, by signing this Subcontract, that neither it nor its principal(s) is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction by any Federal department or agency Subcontractor further certifies, by signing this Subcon- tract, that neither it nor its principal(s) is delinquent on the repayment of any Federal debt 4 15 5 Lobbying Certification Subcontractor certifies, to the best of its knowledge and belief, that - No Federal appropriated funds have been or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any Federal con- tract, the making of any Federal grant, the making of any Federal loan, the entering into of any Federal cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or coopera- tive agreement If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooper- ative agreement, the undersigned shall complete and submit Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions 15 6 Drua-Free_Worknlace Subcontractor agrees to comply with all requirements of the Drug -Free Workplace Act of 1988, as implemented at 34 CFR Part 85, Subpart F, for grantees, as defined at 34 CFR Part 85, Sections 85 605 and 85.610 10 15.7 Environmental Standards Subcontractor agrees to comply with environmental standards which may be prescribed pursuant to the following (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P L. 91-190) and Ex- ecutive Order (EO) 11514, (b) notification of violating facili- ties pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990, (d) evaluation of flood hazards in floodplains in accordance with EO 11988, (e) assurance of project consistency with the approved Statement management program developed under the Coastal Zone Management Act of 1972 (16 U S C. H 1451 et seq ), (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as a mended (42 U.S C S 7401 et seq ), (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L 93-523), and (h) protection of endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205). 15 8 Hatch Act Subcontractor agrees to comply with the provisions of the Hatch Act (5 U S.0 H 1501-1508 and 7324-7328) which limit the political activities of employees whose principal employments activities are funded in whole or in part with Federal funds Subcontractor certifies, by signing this document, that to the best of its knowledge, it has not received any money, fee, commission, credit, gift, gratuity, things of value or compensa- tion of any kind, provided directly or indirectly, for the purpose of improperly obtaining or rewarding favorable treatment in connection with the prime contract or in connection with this Subcontract relating to a prime contract 15.10 Student Unrest No part of the funds awarded under this Subcontract shall be used to provide the salary of or any remuneration whatever to any individual applying for admission, attending, employed by, teaching at or doing research at any institution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others in the use of) force or the threat of force of the seizure of property under the control of an institution of higher education, to require or prevent the availability of certain curriculum, or to prevent the faculty, administrative officials or students in such institution from engaging in their duties or pursuing their studies at such an institution 11 15 11 Officials Not to Benefit Subcontractor certifies, by signing this document, that no member or delegate to Congress, or resident commissioner, shall be admitted to any share of part of this Subcontract or to any benefit arising from the Subcontract 15 12 Conflict of Interest As required by Federal regulations (42 CFR 50, 52 CFR 94, 59 FR 33308, et al ), Subcontractor certifies that it has a valid Conflict of Interest policy in place and has taken all necessary actions to reduce, mitigate, and/or eliminate all conflicts of interest by any of its personnel who will have or will be involved in the design, conduct, or reporting of the research governed by this Agreement 15 13 Other Assurances Subcontractor agrees to comply with all applicable requirements of all other Federal laws, executive orders, regula- tions and policies governing the activities undertaken during the performance of this Subcontract 15 14 Lower Tier Agreements Subcontractor agrees to include these assurances in any lower -tier subcontracts or assignments that it executes Article 16 Independent Contractor The parties hereto agree that Subcontractor retains the right to control and direct the performance of all work under this Subcontract. No provision of this Subcontract shall be construed as making Subcontractor the employee, agent, joint venturer or partner of UNT or of the Federal Government Subcon- tractor agrees that it has entered into this Subcontract and will discharge its obligations, duties and undertakings and the work pursuant thereto, whether requiring professional judgement or otherwise, as an independent subcontractor without imputing liability on the part of UNT or the Federal Government for the acts of Subcontractor or its employees Subcontractor shall not have the power to contract for or otherwise bind UNT, nor shall Subcontractor represent to any third party that it has such power 12 Article 17 Indemnification SUBCONTRACTOR AGREES TO DEFEND, ASSUME THE COST OF DEFENSE, HOLD HARMLESS, AND INDEMNIFY, TO THE EXTENT LEGALLY POSSIBLE, UNT, ITS BOARD OF REGENTS, OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL LIABILITY AND EXPENSES (INCLUDING COSTS AND ATTORNEYS' FEES) RESULTING FROM ANY INJURY (INCLUDING DEATH) TO ANY PERSON AND FROM ANY DAMAGES TO THE PROPERTY OF OTHERS ARISING OUT OF THE ACTS OR OMISSIONS OF SUBCONTRACTOR'S OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH THE WORK UNDER THIS AGREEMENT. SUBCONTRACTOR SHALL TAKE ALL REASONABLE PRECAUTIONS IN THE PERFORMANCE OF THE WORK UNDER THIS AGREEMENT TO PROTECT THE HEALTH AND SAFETY OF ALL PERSONS AND TO MINIMIZE ALL HAZARDS TO LIFE AND PROPERTY. Article 18 Subcontractor Responsibility and Liability Approval of UNT shall not constitute nor be deemed a release of the responsibility and liability of Subcontractor, its employ- ees, agents or associates for the accuracy and competency of their designs, reports, information, and other documents or services nor shall approval be deemed to be the assumption of such responsibility by UNT for any defect, error or omission in the documents prepared by Subcontractor, its employees, agents or associates Article 19, Notices All notices under this Subcontract given by either party to the other shall be in writing and shall be sent by U S Postal Service, Certified Mail, Return Receipt requested, postage prepaid and addressed to the following individuals For UNT Mark Elder Assistant Vice President for Research University of North Texas P O Box 5396, NT Station Denton, Texas 76203-5396 For Subcontractor Jim Coulter, Environmental Service Mang Pecan Creek Water Reclamation Plant Denton Municipal Laboratory 1100 Mayhill Road, Denton, Texas 76208 13 Article 20 Governing Law and Venue This Subcontract shall be governed by and construed in accordance with the laws of the State of Texas and venue shall lie in Denton County, Texas. Article 21 Assignment and Subcontracting This Subcontract may not be assigned in whole or in part without the prior written permission of UNT No portion of the work hereunder may be subcontracted to a third party without the prior written consent of UNT Article 22, Amendments This Subcontract may be extended, renewed, or otherwise amended at any time by the mutual written consent of the parties No modification of this Subcontract or waiver of the terms or conditions hereof shall be binding upon either party hereto unless approved in writing by an authorized representative, or shall be effected by the acknowledgement or acceptance of pur- chase order forms containing other or different terms and condi- tions whether or not signed by an authorized representative of the party Article 23. Caution The captions to the various clauses of this Subcontract are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement Article 24, Entire Agreement This Subcontract constitutes the entire agreement between the parties and supersedes all previous agreements and under- standings relating to the work to be performed 14 IN WITNESS WHEREOF, the parties have executed this Subcontract as of the date of the last signature following CITY OF DENTON, TEXAS BY /�'L�reMsJ TED BENAVIDES, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY UNIVERSITY OF NORTH TEXAS BY ILLI DIESEL VICE PfZESIDENT FOR FINANCE AND BUSINESS AFFAIRS C \DOCS\FORMS\NPDSS SIG SCOPE OF WORK - CITY OF DENTON SUBCONTRACT/ACCOUNT NO 72348 The City of Denton's responsibilities under the subcontract are identified below by Phases of the project During Phase 1 of the project the City of Denton will * Provide to the project in digital and/or mapped format information regarding the City's storm water drainage network, landuse by sub -watershed, location of NPDES permit holders in the City * Provide copies of current industrial user NPDES stormwater reports for the past two years During Phase 2 of the project the City of Denton will * Identify and characterize candidate sites for pilot monitoring studies During Phase 3 of the project the City of Denton will * The City of Denton will not participate in this Phase of the project During Phase 4 of the project the City of Denton will * Develop an inspection questionnaire to be used to obtain information on pretreatment, stormwater waste minimization and pollution prevention from npdes permit holders in the City of Denton During Phase 5 of the project the City of Denton will * Assist UNT research team in conducting an inspection of the selected pilot site * Analyze stormwater samples for routine contaminants collecting during monitoring activities at the pilot site During Phase 6 of the project the City of Denton will * Assist in the development of a draft project technical report During Phase 7 of the project the City of Denton will * Provide a technical review of the Draft Final Project Report C \Docs\FORMS\SCOPE Svc SPA OFFICIAL PILE COPY RETURN Arm SIGNAr= NPA OF71 itz Wce COKt l Pagel of 1 m TT7RN DRI'F.R SIGNATUtiPS'Form APPrmmd OMB No. 20304WAO APProVd UPIM 7131189 ASSISTANCE ID NO 1113 ENVIRONMENTAL PROTECTION AGENCY C X 824841-01-1 ASSISTANCE AMENDMENT AMENDMENT NO (Optional) 1 NOTE The original Amendment with one copy must be executed and returned to the Grants Adminstratlon Division for Headquarters assistance awards and to the Grants Administration Branches for State and local assistance awards within 3 weeks after receipt or within any extension of time as may be granted in writing by EPA. Except as may be otherwise provided, no costs as a result of the Amendment may be Incurred prior to the execution of the Assistance Amendment by the parties thereto Receipt of a written refusal, or failure to receive the property executed document within the prescribed time will result In the termination of consideration of the Assistance Amendment by EPA GENERAL INFORMATION APPROPRIATION AND ACCOUNTING DATA to ama �on%,:1 um er PProp rgan °lion epiient real] to ro act rganQistlon I,11 fg ro—) DESCRIPTION OF AMENDMENT PURSUANT TO EPA ASSISTANCE REGULATION 00 CFR 30.700. THE ABOVE NUMBER ASSISTANCE AGREEMENT IS AMENDED AS FOLLOWS This Assistance Amendment reflects an extension of the Project and Budget Periods at no additional cost to EPA in accordance with the recipient's requested dateCF08/28/96 FROM TO Budget Period 02/15/96 to 02/14/97 02/15/96 to 12/31 /97 Project Period 02/15/96 to 02/14/97 02/15/96 to 12/31/97 METHOD OF PAYMENT ACH # 5007 EIN 1756002149 Grants Specialist for this Project is AUCE THAVONGSA, Phone (202) 260-9281 OFFICE OF WATER GRANTS ADMINISTRATION DIVISION ADDRESS ADDRESS US ENVIRONMENTAL PROTECTION AGENCY US ENVIRONMENTAL PROTECTION AGENCY 401 M STREET, S W WASHINGTON, DC 20460 WASHINGTON, DC 20460 NAME UNIVERSITY OF NORTH TEXAS 5 SPONSORED PROJECTS ADMINISTRATION PO BOX 5396 DENTON, TX 76203-5396 Except as provl ed herein all terms and conditions of the basic assistance agreement, Including prior amendments, remain unchanged and in full force and effect and subject to all applicable provisions of 40 CFR Chapter 1, Subchapter B GNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE CHIEF, GRANTS OPERATIONS BRANCH 3903 30 Lg EPA Form 5700S00 sa 1140) PREVIOUS EDITIONS ARE OBSOLETE ATTACHMENT B APPROVED BUDGET CITY OF DENTON SUBCONTRACT BUDGET Salaries & Wages Principal Investigator Jim Coulter (P I ) $3,920/2 months $ 7,840 00 Project Manager B111 McCullough (P M ) $3,520/4 months $14,080 00 Total $21,920 00 Fringe Benefits Salaries & Wages 0.36 X 21,920 $ 7,891 00 Materials & Supplies $ 1,000 00 Travel (Pretreatment, Stormwater, Waste Minimization and Pollution Prevention, Training Conferences) $ 2,550 00 Equipment (Flow controlled -remote controlled automatic sampling equipment) $10,000 00 Subcontracts North Central Texas Council of Governments $ 7,500 00 Talem Laboratories $ 5,000 00 TDC $55,861 00 Indirect Cost $ 3,947 00 TOTAL $59,808 00 C \D0CS\F0RMS\8UBCTR BUD