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HomeMy WebLinkAbout1999-129ORDINANCE NO AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS WHEREIN THE UNIVERSITY OF NORTH TEXAS FURNISHES SERVICES AND FACILITIES IN CONNECTION WITH THE PROJECT GENERALLY KNOWN AS "ENVIRONMENTAL CONDITION ON-LINE DFW METROPLEX (ECOPLEX)", APPROVING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Denton, Texas ("CITY"), in cooperation with the University of North Texas ("UNT"), submitted a proposal ("ECOPLEX") to and heretofore received an Environmental Monitoring for Public Access and Community Tracking Grant ("EMPACT Grant") from the Environmental Protection Agency ("EPA") for a total of $484,867, and WHEREAS, the ECOPLEX proposal involves collecting, compiling, and posting real-time and time relevant environmental data for easy access by the Citizens of Denton, the Elm Fork Watershed, and the Dallas/Ft Worth metropolitan area via an internet website, and WHEREAS, UNT materially and substantially can assist the CITY in the development and operation of the proposed time relevant monitoring systems and in the development of an Internet communication system, and WHEREAS, UNT's Elm Fork Education Center can develop curriculum, conduct presentations, and offer workshops educating the public on how to use and interpret real time and time relevant environmental information on the Elm Fork watershed, and WHEREAS, UNT can further assist the CITY in developing reports, curriculum packages, training materials, and technical publications disseminating information about the Prototype Time Relevant Monitoring System developed by the proDect, and WHEREAS, the CITY desires to enter an Agreement for UNT to perform services and furnish facilities as provided in the attached Agreement Between the City of Denton and the University of North Texas (Institute of Applied Sciences) for Services in Connection with the Environmental Monitoring for Public Access and Community Tracking Grant (hereinafter "AGREEMENT"), which AGREEMENT is in the nature of a subcontract, in the amount of $160,943, to be paid solely from the total EMPACT Grant amount of $484,867, and WHEREAS, UNT desires to enter into the Agreement with the CITY and is willing perform the above -mentioned duties and responsibilities, and WHEREAS, the City Council has determined that it is in the public interest of the City of Denton to enter into this AGREEMENT with UNT, as UNT can readily provide the necessary services and facilities in an efficient and cost-effective manner, NOW, THEREFOR, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council hereby approves the AGREEME T attached hereto and incorporated herewith by reference, between the CITY and UNT respecting the ECOPLEX proposal, and authorizes the Mayor to execute said AGREEMENT 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[ day of ( (— - 1999 JACK LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY By 11 A +1 1., M-4 j - APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY By AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNIVERSITY OF NORTH TEXAS (INSTITUTE OF APPLIED SCIENCES) FOR SERVICES IN CONNECTION WITH THE ENVIRONMENTAL MONITORING FOR PUBLIC ACCESS AND COMMUNITY TRACKING GRANT THIS AGREEMENT is made and entered into by and between the City of Denton, a Texas municipal corporation, with its principal office at 215 East McKinney Street, Denton, Texas, 76201, hereinafter referred to as the CITY, and the University of North Texas (University of North Texas Institute of Applied Sciences), Denton, Texas, hereinafter referred to as CONTRACTOR WHEREAS, the CITY, in collaboration with the CONTRACTOR, has obtained a grant from the U S Environmental Protection Agency for $484,867 to serve as one of eight cities in the U S to design and implement a real-time environmental monitoring system designed to provide mformationto municipal environmental managers and the public, hereinafter, the GRANT, and WHEREAS, the project, among other things, will assist the CITY in developing techniques for rapidly assessing the status of water quality in local watersheds, and WHEREAS, Dr Kenneth Dickson, Regent's Professor and Director of UNT's Institute of Applied Sciences, will serve as Project Manager for the CONTRACTOR, and WHEREAS, the CONTRACTOR, pursuant to this AGREEMENT, which is in the nature of a subcontract, will provide technical assistance, equipment, and public education activities to the CITY, subject to the Statement of Work set forth in Exhibit A attached hereto, and WHEREAS, the CITY and CONTRACTOR recognize that they each will receive benefits from this AGREEMENT which will result in a state-of-the-artenvironmental monitoring system in the City of Denton, Texas, and believe that this AGREEMENT will be of benefit to the CITY's citizens, and agree that this AGREEMENT is entered into in accordance with the provisions of V T C A , Government Code, Chapter 791 (the "Interlocal Cooperation Act"), and WHEREAS, the GRANT permits and provides for the expenditure of funds for the purposes set forth hereunder, and, WHEREAS, the CITY wishes to engage CONTRACTOR to perform certain specified services to carry out such project, NOW, THEREFOR, the CITY and CONTRACTOR do hereby agree, and by the execution of this AGREEMENT, are bound to the mutual obligations and covenants contained herein, and to the performance and accomplishment of the conditions hereinafter set forth WITNESSETH, that in considerationof the covenants and agreements herein contained, the Parties hereto do mutually agree as follows ARTICLE I TERM This AGREEMENT shall commence November 1, 1998, and shall terminate on October 31, 2000, ARTICLE II RESPONSIBILITIES CONTRACTOR shall perform and hereby accepts the responsibility for the performance of all services and activities, described in Exhibit "A", STATEMENT OF WORK (attached hereto and incorporated by reference, as Exhibit "A"), in a satisfactory and efficient manner, as reasonably determined by CITY and in accordance with the terms herein CITY will consider CONTRACTOR'S Vice President for Financial and Business Affairs to be CONTRACTOR'S representative responsible for the management of all contractual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR and approved by CITY The City's Assistant City Manager for Fiscal and Municipal Services, will be CITY's representative responsible for the administration of this AGREEMENT ARTICLE III CITY'S OBLIGATION Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant hereto in accordance with the proDect budget included as a part of Exhibit "B" University of North Texas (subcontract) (attached hereto and incorporated by reference, as Exhibit "B") Notwithstanding any other provision of this AGREEMENT, the total of all payments and other obligations made or incurred by CITY hereunder for services and expenses shall not exceed the sum of $160,943 Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITi' 44v shall make payments to CONTRACTOR based on the budget attached hereto and incorporated herein for all purposes as Exhibit B, subject to the limitations and provisions set forth in this Section and Section VII of this AGREEMENT (1) It is expressly understood that this AGREEMENT in no way obligates the General Fund or any other monies or credits of the City of Denton All expenses shall be paid solely from the CITY account for grants (2) CITY shall not be liable for any cost or portion thereof which (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source, (b) was incurred prior to the beginning date, or after the ending date specified in Section I, (c) is not in strict accordance with the terms of this AGREEMENT, including both exhibits attached hereto, (d) has not been billed to CITY within thirty (30) calendar days following billing to CONTRACTOR, or termination of the AGREEMENT, whichever date is earlier, (e) is not an allowable cost as defined by Section IX of this AGREEMENT or the project budget (3) CITY shall not be liable for any cost or portion thereof which is incurred with respect to any activity of CONTRACTOR requiring prior written authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concerning such action prior to proceeding further, unless and until CITY advises CONTRACTOR to proceed (4) CITY shall not be obligated or liable under this AGREEMENT to any party other than CONTRACTOR for payment of any monies or provision of any goods or services ARTICLE IV COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS CONTRACTOR shall comply with all applicable Federal laws, the laws of the State of Texas, and all ordinances of the City of Denton ARTICLE V REPRESENTATIONS CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this AGREEMENT The person or persons signing and executing this AGREEMENT on behalf of CONTRACTOR do hereby warrant and guarantee that he, she, or they have been fully authorized by CONTRACTOR to execute this AGREEMENT on behalf of CONTRACTOR and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this AGREEMENT if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the AGREEMENT to enter into this AGREEMENT CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this AGREEMENT if CITY has suspended or terminated this AGREEMENT for the reasons enumerated in this Section CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this AGREEMENT will in no way be substituted for funds and resources from other sources, nor in any way serve to reduce the resources, services, or other benefits which would have been available to, or provided through, CONTRACTOR had this AGREEMENT not been executed ARTICLE VI PERFORMANCE BY CONTRACTOR CONTRACTOR will provide, oversee, administer, and carry out all of the activities and services set out in the STATEMENT OF WORK, attached hereto and incorporated herein for all purposes as Exhibit A, utilizing the funds described in the Proposed Budget, attached hereto and incorporated herein for all purposes as Exhibit B, and deemed by both parties to be necessary and sufficient payment for full and satisfactory performance of the program, as reasonably determined solely by CITY and in accordance with all other terms, provisions and requirements of this AGREEMENT No modifications or alterations may be made in the STATEMENT OF WORK by CONTRACTOR without the prior written approval of the CITY'S Assistant City Manager for Fiscal and Municipal Services ARTICLE VII PAYMENTS TO CONTRACTOR Payments to Contractor. The CITY shall pay to the CONTRACTOR an amount not to exceed $160,943 for services rendered and expenses incurred pursuant to this AGREEMENT CITY will pay these funds on a reimbursement basis to the CONTRACTOR within thirty days after CITY has received an appropriate invoice and written request, including supporting documentation Funds are to be expended by CONTRACTOR primarily as shown in Exhibit B Excess Payment CONTRACTOR shall refund to CITY, without protest or delay, within ten (10) working days of CITY's request, any sum of money which has been paid by CITY to CONTRACTOR and which CITY at any time thereafter determines (1) has resulted from an overpayment to CONTRACTOR or, (2) has not been spent strictly in accordance with the terms of this AGREEMENT, or (3) is not supported by adequate documentation to fully justify the expenditure Deobligation of Funds In the event that actual expenditure rates deviate from CONTRACTOR's provision of a corresponding level of performance, as specified in Exhibit A, CITY hereby reserves the right to reappropriate or recapture any such underexpended funds Contract Close Out CONTRACTOR shall submit the AGREEMENT close-out package to CITY, together with a final expenditure report, for the time period covered by the last invoice requesting reimbursement of funds under this AGREEMENT, within fifteen (15) working days following the close of the AGREEMENT period CONTRACTOR shall utilize the form agreed upon by CITY and CONTRACTOR for said report At the termination of the AGREEMENT, all unclaimed (30 days or older) salaries or wages must be returned to CITY in the following format (1) A University of North Texas check for the net aggregate amount payable to the City of Denton, (2) A listing showing the Social Security number, full name, last known complete address and the amount owed to each person involved ARTICLE VIII WARRANTIES CONTRACTOR represents and warrants that A All information, reports and data heretofore or hereafter requested by CITY and furnished to CITY, are complete and accurate as of the date shown on the information, data, or report, and, since that date, have not undergone any significant change without written notice to CITY B Any supporting financial statements heretofore or hereafter requested by CITY and furnished to CITY by CONTRACTOR, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR C None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing indenture or agreement of CONTRACTOR D CONTRACTOR has the power to enter into this AGREEMENT and accept payments hereunder, and has taken all necessary action to authorize such acceptance under the terms and conditions of this AGREEMENT E Each of these representations and warranties of CONTRACTOR shall be continuing and shall be deemed to have been repeated by the submission of each request for payment by CONTRACTOR ARTICLE IX ALLOWABLE COSTS A Costs shall be considered allowable only if incurred directly, specifically in the performance of, and in compliance with, this AGREEMENT and in conformance with the standards and provisions of Exhibits A and B attached hereto B Approval of CONTRACTOR's Proposed Budget, Exhibit B, does not constitute prior written approval, even though certain items may appear herein CITY's prior written authorization is required in order for the following to be considered allowable costs (1) CITY shall not be obligated to any third parties, including any subcontractors of CONTRACTOR, and CITY funds shall not be used to pay for any contract service extending beyond the expiration of this AGREEMENT (2) Any alterations or relocation of the facilities on and in which the activities specified in Exhibit "A" are conducted (3) Any alterations, deletions or additions to the Personnel Schedule incorporated in Exhibit B (4) Any fees or payments for consultant services Written requests for prior approval are CONTRACTOR's responsibility and shall be made within sufficient time to permit a thorough review by CITY Contractor must obtain written approval by CITY prior to the commencement of procedures to solicit or purchase services, equipment, or real or personal property Any procurement or purchase which may be approved under the terms of this AGREEMENT must be conducted in its entirety in accordance with the provisions of this AGREEMENT ARTICLE X MAINTENANCE OF RECORDS CONTRACTOR agrees to maintain records that will provide accurate, current, separate, and complete disclosure of the status of the funds received under this AGREEMENT, in compliance with the provisions of Exhibit B and with any other applicable Federal and State regulations establishing standards for financial management CONTRACTOR's record system shall contain sufficient documentation to provide in detail full support and justification for each expenditure Nothing in this Article shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this AGREEMENT or any applicable law CONTRACTOR agrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this AGREEMENT for three years Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefit of services provided under this AGREEMENT At any reasonable time, the CONTRACTOR shall make available to CITY, or any of its authorized representatives, records pertaining to this AGREEMENT and shall permit CITY, or any of its authorized representatives to audit, examine, make excerpts and copies of such records, and to conduct audits of all contracts, invoices, materials, payrolls, records of personnel, conditions or employment and data requested by said representatives ARTICLE XI REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRAC- TOR shall furnish such statements, records, data and information as CITY may request and deem pertinent to matters covered by this AGREEMENT CONTRACTOR shall submit quarterly beneficiary reports and financial reports to CITY no less than once each three months during the term of this AGREEMENT The beneficiary report shall provide description of activities and progress associated with the pro3ect The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Article I of this AGREEMENT ARTICLE XII :INCH AND EVALUATION CITY shall perform on -site monitoring of CONTRACTOR's performance under this AGREEMENT from time -to -time CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to ensure adherence by CONTRACTOR to the Statement of Work containing the program goals and ob]ectives, which are attached hereto as Exhibit "A", as well as other provi- sions of this AGREEMENT CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record -keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfill its monitoring and record -keeping responsibilities CONTRACTOR agrees to cooperate in such a way so as not to delay CITY in such monitoring, and to designate one of its staff to coordinate the monitoring process as reasonably requested by CITY staff After each official monitoring visit, CITY shall provide CONTRACTOR with a written report of monitoring findings CONTRACTOR shall submit copies of any fiscal, management, or audit reports by any of CONTRACTOR's funding or regulatory bodies to CITY within ten (10) working days of receipt by CONTRACTOR ARTICLE XIII EQUAL OPPORTUNITY CONTRACTOR shall at all times comply with the Equal Employment Opportunity Act and other related Federal law and regulations CONTRACTOR will furnish all information and reports reasonably requested by the CITY, and will permit access to its books, records, and accounts for purposes of investigation to ascertain compliance with local, state and Federal rules and regulations ARTICLE XIV PERSONNEL AND MANAGEMENT POLICIES Personnel and management policies shall be established by CONTRACTOR and shall be available for examination by the CITY ARTICLE XV CONFLICT OF INTEREST CONTRACTOR covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this AGREEMENT CONTRACTOR further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed or appointed as a member of its governing body CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties No officer, member, or employee of CITY and no member of its governing body who exercises any function or responsibilities in the review or approval of the undertaking or carrying out of this AGREEMENT shall (1) participate in any decision relating to the AGREEMENT which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has direct or indirect interest, or (2) have any interest, direct or indirect, in this AGREEMENT or the proceeds thereof ARTICLE XVI POLITICAL OR SECTARIAN ACTIVITY None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used, either directly or indirectly, for any political activity (including, but not limited to, an activity to further the election or defeat of any candidate for public office) or any activity undertaken to influence the passage, defeat or final content of legislation None of the performance rendered hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity ARTICLE XVII PUBLICITY Where such action is appropriate, CONTRACTOR shall publicize the activities conducted by CONTRACTOR in con3unction with the CITY and pursuant to the GRANT, under this AGREEMENT Any and all published material and written reports submitted under this pro]ect must be originally developed material unless otherwise specifically provided in this AGREEMENT When material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote This provision is applicable when the material is in a verbatim or extensive paraphrase format ARTICLE XVIII CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this AGREEMENT shall be by written amendment executed by both parties, except when the terms of this AGREEMENT expressly provide that another method shall be used CONTRACTOR may not make transfers between or among approved line -items within budget categories set forth in Exhibit "B" without prior written approval of CITY CONTRACTOR shall request, in writing, the budget revision in a form prescribed by CITY, and such request for revision shall not increase the total monetary obligation of CITY under this AGREEMENT In addition, budget revisions cannot significantly change the nature, intent, or scope of the program funded under this AGREEMENT CONTRACTOR will submit revised budget and program informa- tion, whenever the level of funding for CONTRACTOR or the pro- gram(s) described herein is altered according to the total levels contained in any portion of Exhibit B attached hereto It is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this AGREEMENT Any such modifications are to be automatically incorporated into this AGREEMENT without written amendment hereto, and shall become a part of the AGREEMENT on the effective date specified by the law or regulation CITY may, from time to time during the term of the AGREEMENT, request changes in Exhibit A which may include an increase or decrease in the amount of CONTRACTOR's compensation Such changes shall be incorporated in a written amendment hereto, as provided in this Article Any alterations, deletions, or additions to the Proposed Budget contained in Exhibit B shall require the prior written approval of CITY CONTRACTOR agrees to notify CITY in writing of any proposed change in physical location for work performed under this AGREE- MENT at least thirty (30) calendar days in advance of the change CONTRACTOR shall notify CITY of any changes in its personnel or governing board composition ARTICLE XIX TERMINATION CITY may terminate this AGREEMENT with cause because of CONTRACTOR's violation of any of the covenants, agreements or guarantees of this AGREEMENT CITY shall promptly notify CONTRACTOR in writing of its decision to terminate this AGREEMENT, specifying the reason(s) therefor, and the effective date of termination CONTRACTOR may terminate this AGREEMENT in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder CONTRACTOR may opt, within the limitations of this AGREEMENT, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was not oc- casioned by a breach of contract as defined herein or as defined in any contract between CONTRACTOR and the funding source in question CONTRACTOR may terminate this AGREEMENT upon the dissolution of CONTRACTOR's organization not occasioned by a breach of this AGREEMENT Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw, or otherwise terminate any outstanding orders or subcontracts which relate to the performance of this AGREEMENT CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations whatsoever incurred after the termination date of this AGREEMENT ARTICLE XX NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), firm, corporation or other entity against CONTRACTOR, which may involve the performance of this AGREEMENT, CONTRACTOR shall give written notice thereof to CITY within two (2) working days after being notified of such claim, demand, suit or other action Such notice shall state the date and hour of notification of any such claim, demand, suit or other action, the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or threatened to institute any type of action or proceeding, the basis of such claim, action or proceeding, and the name of any person(s) against whom such claim is being made or threatened Such written notice shall be delivered either personally or by mail ARTICLE XXI MISCELLANEOUS CONTRACTOR shall not transfer, pledge or otherwise assign this AGREEMENT or any interest therein, or any claim arising thereunder, to any party or parties, without the prior written approval of CITY If any provision of this AGREEMENT is held to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect and continue to conform to the original intent of both parties hereto The captions of this AGREEMENT are for informational purposes only and shall not in any way affect the substantive terms or conditions of this AGREEMENT In no event shall any payment to CONTRACTOR hereunder, or any other act or failure of CITY to insist in any one or more in- stances upon the terms and conditions of this AGREEMENT constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved No representative or agent of CITY may waive the effect of this provision This AGREEMENT, together with referenced exhibits and attachments, constitutes the entire agreement between the parties hereto, and any prior agreement, assertion, statement, understand- ing, representation or other commitment antecedent to or made in connection with this AGREEMENT, whether written or oral, shall have no force or effect whatsoever, nor shall any agreement, assertion, statement, understanding, or other commitment occurring during the term of this AGREEMENT, or subsequent thereto, have any legal force or effect whatsoever, unless properly executed in writing, and if appropriate, recorded as an amendment to this AGREEMENT For purposes of this AGREEMENT, all official communications and notices among the parties shall be deemed made if hand - delivered or sent by U S mail postage prepaid to the parties at the addresses set forth below TO CITY TO CONTRACTOR City Manager Phillip C Diebel City of Denton, Texas V P for Financial 215 E McKinney St & Business Affairs Denton, Texas 76201 University of North Texas Denton,Texas 76203 tlw IN WITNESS WHEREOF this AGREEMENT has been executed in €euL- original counterparts by CITY and CONTRACTOR by apcJrAthrough their resp c ivy ly-authorized officers, on this theC4der'=� day of 1999 "CITY" CITY OF DENTON, TEXAS By — S;_� JA LLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY "CONTRACTOR" THE UNIVERSITY OF NORTH TEXAS BY /• PHIL P C DIESEL, VICE PRESIDENT FOR FINANCIAL AND BUSINESS AFFAIRS ATTEST 0 EXHIBIT "A" STATEMENT OF WORK The Institute of Applied Sciences at the University of North Texas ("CONTRACTOR") will serve in the capacity of a subcontractor to the City of Denton collaborating in the development, implementation and operation of a time relevant environmental monitoring system associated with the CITY's watersheds and Lake Lewisville UNT will team with the CITY to fulfill the objectives outlined in the U S Environmental Protection Agency EMPACT Grant to the CITY in collaboration with UNT titled "Real Time Monitoring for Public Information, Decision Making and Education " CONTRACTOR, through its Institute of Applied Sciences will provide the following services and facilities to the CITY Provide the technical services of Drs Kenneth Dickson, William T Waller, Samuel F Atkinson, Miguel F Acevedo, and James H Kennedy to the CITY's project team Provide supervision to three (3) Environmental Monitoring Interns working on the project Participate in CITY and EPA coordination meetings as specified in the grant Develop an Internet -based communication system relating monitoring results to the community Make available results from UNT's Terra Scan TL200 Satellite Remote Sensing Data Down Link System to the project Purchase two automated rainfall gauges and two automated stream gauges Construct the following monitoring system components Ultraviolet Radiation monitor (1), Stream Biosenors (2), Chlorophyll monitoring units (2), physical -chemical datasondes (3) Participate in public education programs designed to prepare managers and citizens to use real-time environmental data EXHIBIT B UNIVERS'TY OF NORTH TEXAS (subcontract) YEAR 1 YEAR 2 PROPOSED BUDGET EPA COSTS UNT MATCH EPA COSTS UNT MATCH a Personnel Kenneth L Dickson P 1 9 213 9 397 Williams T Waller Director 7 480 7 629 Samuel F Atkinson Director 6 468 6 597 MlgUel F Acevedo Director 7 576 7 727 Jam0s H Kennedy Director 8 157 6 280 TOTAL SALARIES S WAGES 36,894 37 630 b Fringe Benefits 23%i of salaries 8 486 8 665 Insurance $3631person month 1 815 1 815 TOTAL FRINGE BENEFITS 10,301 10,470 c Travel To NIST for Inter comparison UV calibration 1 500 SETAC Annual Meeting 1 Soo 1 500 ASPRS Annual Meeting 1 000 1 000 Weekly maintenance trips 650 650 TOTAL TRAVEL 4,050 3 160 d Equipment Terra Scan TL200 Acquisition System 25 000 Reid Gauges(2) 7 000 Stream Gauges(2) 8 000 TOTAL EQUIPMENT 40,000 e Supplies Labtech Notebook v 9 (1 copy) 495 495 Updates for S Plus statistical system 500 500 Communications coats for modems 1 200 1 200 Miscellaneous chemicals for calibration 1 000 1 000 TOTAL SUPPLIES 3,196 3,195 f Contracts g Other In TOTAL DIRECT COSTS (TDC) 55,040 40,000 54,445 1 Indirect Costs/Charges 47% of TDC minus equipment) 25,860 25,589