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1997-158J \WPDOCS\0RD\NPD~S ORD ORDINANCE NO ~ AN ORDINANCE APPROVING ANAGREEMENT BETWEEN THE CITY OF DENTON AND THE IiNIVERSITY OF NORTH TEXAS W~EREIN THE UNIVERSITY OF NORTH TEXAS ENGAGES THE CITY OF DENTON, AS A SUBCONTRACTOR, TO FURNISH SERVICES AND FACILITIES IN CONNECTION WITH THE PROJECT GENER3YLLY KNOWN AS "DEMONSTRATION OF IMPROVED MONITORINGAND 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, provldlng for the completion of the project which zs generally zdent~fled as "Demonstration of Improved Monitoring and Oversight Strategies For Municipal NPDES Programs ProDect" (the "Project"), and WHEREAS, UNT has expressed zts desire to obtazn the use of certain C~ty of Denton faczllt~es and the servzces of several employees of the City of Denton in order to assist ~t in the completion of the Project, and desires to enter ~nto a subcontract w~th the Czty of Denton generally described as Subcontract No 96- 169-1 (the "Subcontract"), and WHEREAS, the City Council has determined that ~t zs ~n the best ~nterest of the City of Denton to enter znto the above Subcontract w~th UNT, zn lzght of the consideration expected to be paid to the City thereunder, and ~n lzght of other advantages and benefits ~n the nature of environmental effzczency, which wzll accrue to the Czty by ~ts participation ~n the Project, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the City Council hereby approves Subcontract No 96-169-1 attached hereto, between UNT and the C~ty, ~n connection with the City of Denton, as Subcontractor, furnishing facilities and services ~n connection w~th the project known as "Demonstration of Improved Monitoring and Oversight Strategies for Munlclpal NPDES Programs Project", and authorizes the City Manager to execute said subcontract ~ That the expendzture of funds as provided ~n the attached agreement is hereby authorized ~ III That this ordznance shall become effective zmmediately upon zts passage and approval PASSED AND APPROVED this the ~Ad day of ~__, 1997 ATTEST, JENNIFER WALTERS, CITY SECRETARY APPR~VED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY UNIVERSITY OF NORTH TEXAS Denton, Texas SUBCONTRACT NO. 96-169-1 COSTREIMBURSEMENT 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 24 41- - 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 Imgroved Monitoring and Oversight Strategies for Municipal NPDES Programs;" and W~EREAS, 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. Scoge 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 Pro4ect Director All work under this Subcontract shall be performed under the general guidance and technical direction of Dr Kenneth Dlckson, 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 Kev Personnel Subcontractor shall provide the following personnel to d~rect and/or perform the work required by th~s Subcontract These ~ndlviduals 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 J~m Coulter Mr Blll McCullough Art~cl~ 4, Technical Reports Subcontractor agrees to provide t~mely and accurate techni- cal reports to the UNT Project Director as set forth and ~n general accordance with the schedule, ~n Attachment A If Attachment A does not contain a report schedule, Subcontractor hereby agrees to provide interim and f~nal 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 per~od of performance under this Subcontract shall beg~n on February 15, 1996 and shall terminate on December 31, 1997, unless sooner terminated in accordance w~th the provisions herein UNT has recently obtained an extension of ~ts current agreement with Sponsor ~n order to complete th~s project, which · s reflected in the work statement ~n Attachment A UNT may notify Subcontractor to stop work at any t~me, ~n which case Subcontractor agrees to immediately cease ~ncurr~ng expenses hereunder and to forego ~ncurr~ng additional expenses until so notified by UNT. UNT may terminate th~s Subcontract, w~thout 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, ~n 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 not~ce of termina- tion No other expenses, costs, or damages shall be paid upon termination other than as stipulated here~n Article 6. Inte=ratlon The parties acknowledge that this Agreement is part of a ser~es of contracts between the parties and other entities in order to accomplish a specific objective, generically identified as the "Demonstration of Improved Monitoring and 0vers~ght 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 ~mpractlcal to proceed with the project, UNT may cancel this Agreement without liability except as herein stated This Agreement ~s to be construed as part of the overall project and in connectlon and con3unct~on with other related contracts, agreements and objectives of the project Article 7 Compensation 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 n~nety percent (90%) of the costs b~lled shall be pa~d 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 w~th the budget detailed in Attachment B, Approved Budget, attached hereto and by th~s 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 PERFOP. MANCE 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. Blllln~ Instructions Subcontractor shall, at appropriate intervals following com- mencement of work, but not more often than monthly, submit bllllngs to UNT for payment of services performed and expenses incurred during the Subcontract period These bllllngs must be in sufficient detail and must be accompanied by all supporting documents required for payment by UNT Bllllngs are to be submitted to Office of Grant Accounting University of North Texas P 0 Box 13646, NT Statzon Denton, Texas 76203-3646 Artlcle 9 Equipment 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) Clrcular A-110, Attachment N, and, if applicable, must be approved by the Environmental Protection Agency in its essential elements For purposes of th~s Subcontract, the term "permanent equipment" is defined as individual ~tems of equipment costing $1,000 or more and having a useful l~fe of more than two years Article 10. Fore~n Travel 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 ~n writing at least slx (6) weeks in advance and must contain the following (a) meet- · n~(s) and place(s) to be vis,ted, with dates and costs, (b) name(s) and t~tle(s) of personnel who will travel and thelr functions in the project; (c) purposes to be served by the travel, (d) how travel of personnel will benefit and contribute to accompl~sh~n~ the project, or will otherwise 3ustlfy 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 · n Attachement B 4 Article 11. Pro4ect 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 th~s Subcontract If the ~ncome is used on a federally assisted project, the use of such ~ncome 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 ~s subject to the audit requirements of OMB C~rculars A-128 or A-133, Subcontractor shall submit a copy of its most recent f~nancial and compliance audit report to the D~rector, Office of Grant Accounting, P 0 Box 13646, UNT Sta- tIon, Denton, Texas, 76203, prior to the execution of th~s 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 w~thln ninety (90) days of the end of the period of performance as speclfied in this Subcontract Th~s audit will be conducted by an independent certified public accounting firm and shall be conducted in accordance w~th generally accepted Federal Government Audit Standards as ~ssued by the Comptroller General of the United States. Subcontractor cert~fies that, ~n instances of noncompliance w~th Federal laws and regulations, appropriate corrective action w~ll be taken. Subcontractor agrees to not~fy UNT of the manage- ment deczsion issued by the responsible Federal agency and of the completion of the correct,ye action w~th~n six (6) months of furn~shing 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 ~nspect~on, review and audit by representatives of UNT, Sponsor and/or another authorized agency to de~ermine the proper application and use of all funds pald 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 termznation of this Subcontract The allowability of costs under this Subcontract shall be determined in accordance wlth 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 ~n compliance with the terms of this Subcontract Article 13. RiGhts in Data The partles hereto shall have the following r~ghts in data generated under the provisions of this Subcontract- 13 i D~fin~t~ons 1 "Data" as used herein means recorded ~nformat~on, regardless of form or the media on which zt may be recorded. The term ~ncludes Computer Software, and data of a sclent~flc or technical nature The term does not include lnformat~on ~ncidental to grant administration, such as flnancmal, admmnls- trative, cost or pricing or management ~nforma- tlon. 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 mnclude the r~ght to use, or au- thorize others to use, Data first produced ~n the performance of this Subcontract for commercmal purposes. For this Subcontract, the definlt~on of "commercial purposes" ~s the right to reproduce, produce or manufacture and sell the Data for prof- it 13 2 Rlghts ~n Subcontractor Except as otherwise provided in the terms and conditions of th~s Subcontract, the Subcontractor shall have the right to and may permit others to copyright, publish, disclose, dlssem~nate and use, in whole or in part, any Data f~rst produced in the performance of work under th~s Subcontract 13.3 Rights in UNT and Federal Government Except as otherwise provided in the terms and conditions of th~s Subcontract, UNT and the Federal Government, and others acting for the Federal Government on ~ts behalf, shall have the r~ght, and are hereby granted a royalty-free, non-exclusive, ~rrevocable license throughout the world to use, reproduce, prepare derivatIve works, perform publicly, d~splay publicly and distribute to the public any Data ~ncludlng Data copyrighted pursuant to paragraph 14 2 above, f~rst produced ~n the perfor- mance of work under th~s Subcontract for UNT and Federal Govern- ment purposes. Article 14. Inventlonso Patents and L~censes This Subcontract shall be subject 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 Definitzons 1 The term "Know-How" shall mean all patentable and unpatentable technical ~nformatlon, trade secrets, devices, models, things, know-how, methods, docu- ments, materials and all other confidential ~nfor- marion related to the work under this Subcontract 2 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, div~- s~onals and continuations issued thereon and all foreign counterparts thereof. 3 The term "Licensed Product(s)" shall mean any product which ~ncorporates or utilized the Know- How or the Patent Rzghts 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 th~s subcontract which shall be administered ~n accordance w~th P L 98-620 and 37 CFR Part 401. Subcontractor warrants that its policies require appropriate assignment of ~nventlons, know-how and ~mprovements from all persons who perform any part of the work under th~s Subcontract Disposition of t~tle to ~nvent~ons, the f~llng of patent applications, disposition of patent r~ghts 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 l~censes to any l~censed product(s) developed under the project research. Article 15 Assurances Subcontractor agrees to exercise ~ts best efforts to comply w~th all assurances required by Federal and state laws and regulations Such assurances and certifications required of Subcontractor ~nclude but are not necessarily l~m~ted to 15 1 Nondiscrimination Subcontractor agrees to comply with all Federal Stat- utes relating to nondiscr~mlnat~on These ~nclude but are not limited to: (a) T~tle VI of the C~v~l R~ghts Act of 1964 (P L 88-352) which prohibits dlscrlmlnatlon on the bas~s of race, color or national orlg~n; (b) Title IX of the Education Amend- ments of 1972, as amended (20 U S.C §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the bas~s of sex, (c) Sectlon 504 of the Rehabll~tatlon Act of 1973, as amended (29 U S C § 794) which prohibits discrimination on the basis of handlcaps; (d) the Age D~scr~m~natlon 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 bas~s 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 confldent~al~ty of alcohol and drug abuse patient records, (h) Title VIII of the C~v~l R~ghts Act of 1968 8 (42 U S C § 3601 et seq ), as amended, relating to nondiscrimi- nation in the sale, rental or f~nanczng of housing, (1) any other nond~scrzmination provisions in the specific statute(s) under which application for Federal assistance ~s being made, and (]) the requirements of any other nondiscrimination statute(s) whmch may apply to the applzcation 15 2 ProSectlon of Human Sublects Subcontractor agrees to comply with P L 93-348 regard- ·ng the protection of human subjects, ~f any, ~nvolved ~n re- search, development and/or related activities under this Subcon- tract The rights and welfare of human subjects involved ~n the performance of the work under th~s Subcontract will be protected in accordance with procedures specified in Subcontractor's current Institutional Assurance on file w~th the Off~ce of Protection from Research Risks, Off~ce of the Dzrector, 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 ~nvolve human subjects zn accordance with the applicable Institu- tional Assurance Subcontractor agrees to bear full responsibility for the performance of all work and services ~nvolv~ng the use of human subjects under this Subcontract in a proper manner and as safely as ~s feasible 15 3 C$r$ snd Treatment of Laboratory Animals To the extent warm-blood anzmals are ~nvolved ~n the research work hereunder, Subcontractor agrees to comply w~th applicable portzons of the Animal Welfare Act of 1966 (P L 89- 544, as amended, 7 USC 2131 et seq ) and w~th the applicable Federal laws, regulations and policy statements ~ssued by the U S Department of Health and Human Subjects and/or the U S Department of Agriculture, as applicable, now currently ~n effect 15 4 Debarment, SusDenslono Repayment of Federal Debt In accordance with Executive Order 12549, as ~mplement- ed at 34 CFR Part 85, Sections 85 105 and 85 110, Subcontractor certifies, by s~gn~ng this Subcontract, that neither ~t nor ~ts principal(s) ~s presently debarred, suspended, proposed for debarment, declared ~neligible or voluntarily excluded from partzczpat~on an this transaction by any Federal department or agency Subcontractor further cert~fmes, by s~gnzng th~s Subcon- tract, that neither ~t nor ~ts prlnczpal(s) ~s delinquent on the repayment of any Federal debt 15 5 Lobbvan~ Certification Subcontractor certifies, to the best of its knowledge and belief, that- 1 No Federal appropraated funds have been or wall be paid, by or on behalf of the undersagned, to any person for influencang or attemptang to anfluence an offacer or employee of any Federal agency, a Member of Congress, an offacer or employee of Congress or an employee of a Member of Congress in connectaon with the awarding of any Federal con- tract, the makang of any Federal grant, the making of any Federal loan, the enterang anto of any Federal cooperatave agreement, and the extensaon, contanuation, renewal, amendment or modafacataon of any Federal contract, grant, loan or coopera- rave agreement 2 If any funds other than Federal appropraated funds have been paid or wall be paad to any person for anfluencang or attemptang to anfluence an offacer or employee of any Federal agency, a Member of Congress, an offacer or employee of Congress, or an employee of a Member of Congress ~n connection with thas Federal contract, grant, loan or cooper- atlve agreement, the undersagned shall complete and submit Federal Standard Form-LLL, "Disclosure Form to Report Lobbyang," an accordance wath its anstructions 15 6 DruG-Free Workplace Subcontractor agrees to comply wath all requarements of the Drug-Free Workplace Act of 1988, as ~mplemented at 34 CFR Part 85, Subpart F, for grantees, as defaned at 34 CFR Part 85, Sectaons 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. §§ 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 § 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.C §§ 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 15 9 Anti-Kickback Act of 1986 Subcontractor certifies, by s~gn~n9 th~s 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 con~ectlon 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 ~nstitution of higher education who has engaged in conduct on or after August 1, 1969, which involves the use of (or the assistance to others ~n the use of) force or the threat of force of the seizure of property under the control of an ~nstltutlon 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 r ur 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 A~reements 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 r~ght 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 w~thout 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 Article 17 Indemnification SUBCONTRACTOR AGREES TO DEFEND, ASSUME THE COST OF DEFENSE, HOLD HARMLESS, AND INDEMNIFY, TO THE EXTENT LEGALLY POSSIBLE, lINT, ITS BOAI~D 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 SUBCONTI~ACTOR'S OFFICERS, AGENTS OR EMPLOYEES IN CONNECTION WITH TEE WORK UNDER THIS AGREEMENT. SUBCONTRACTOR SHALL TAKE ALL REASONABLE PRECAUTIONS IN THE PERFORMANCE OF THE WORK UNDER THIS AGREEMENT TO PROTECT THE HEALTH ~ SAFETY OF ALL PERSONS AND TO MINIMIZE ALL HAZARDS TO LIFE AND PROPERTY. Article 18. Subcontractor ResDons~bll~tv and Llabll~tv Approval of UNT shall not constitute nor be deemed a release of the respons~bll~ty and llablllty of Subcontractor, 1ts employ- ees, agents or associates for the accuracy and competency of their designs, reports, ~nformat~on, and other documents or services nor shall approval be deemed to be the assumption of such responslb~l~ty by UNT for any defect, error or omission in the documents prepared by Subcontractor, ~ts employees, agents or associates Article 19. Notices All notlces under this Subcontract g~ven by e~ther party to the other shall be in writing and shall be sent by U S Postal Service, Certified Ma~l, Return Receipt requested, postage prepaid and addressed to the following lnd~vlduals For UNT Mark Elder Assistant V~ce President for Research University of North Texas P 0 Box 5396, NT Station Denton, Texas 76203-5396 For Subcontractor J~m Coulter, Environmental Service Mang Pecan Creek Water Reclamation Plant Denton Municipal Laboratory 1100 Mayhlll Road, Denton, Texas 76208 13 Article 20 Governing Law and Venue This Subcontract shall be governed by and construed ~n accordance w~th the laws of the State of Texas and venue shall lie in Denton County, Texas. Article 21 Assignment and Subcontractin~ This Subcontract may not be assigned in whole or ~n part wzthout the prior wrztten permzss~on of UNT No portion of the work hereunder may be subcontracted to a third party w~thout 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 part~es No modification of this Subcontract or waiver of the terms or conditions hereof shall be binding upon e~ther party hereto unless approved ~n writing by an authorized representative, or shall be effected by the acknowledgement or acceptance of pur- chase order forms containing other or d~fferent terms and condi- tions whether or not signed by an authorized representative of the party Article 23. Captions The captions to the various clauses of th~s Subcontract are for informational purposes only and shall not alter the substance of the terms and conditions of th~s Agreement Article 24. Entire A~reement Th~s Subcontract constitutes the entire agreement between the part~es and supersedes all previous agreements and under- standings relating to the work to be performed 14 IN WITNESS WHEREOF, the partzes have executed this Subcontract as of the date of the last signature followIng CITY OF DENTON, TEXAS TED BENAVIDES, CITY MANAGER ATTES~ JE~IFER WALTERS, CITY SECRETLY APPROVED AS TO LEGAL FO~ HERBERT L PROUTY, CITY ATTORNEY ~IVERSITY OF NORTH TE~S ~LLI~C DIEgEL VICE PkESIDENT FOR FIN~CE MD BUSINESS AFFAIRS C \DOCS\FORMS\NPD~S 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 w~ll * Provide to the pro3ect ~n d~gltal and/or mapped format ~nformatlon re~ard~n~ the C~ty's storm water drainage network, landuse by sub-watershed, location of NPDES permit holders in the C~ty * Provide cop~es of current ~ndustrlal user NPDES stormwater reports for the past two years During Phase 2 of the project the City of Denton w~ll * Identify and characterize candidate sites for pilot monitoring studies During Phase 3 of the project the City of Denton wlll * The City of Denton wall not participate in th~s Phase of the project Dur~n~ Phase 4 of the project the C~ty of Denton w~ll * Develop an lnspect~on questionnaire to be used to obtain ~format~on on pretreatment, stormwater waste m~nlmlzat~on and pollution prevention from npdes permit holders ~n the City of Denton During Phase 5 of the project the C~ty of Denton w~ll * Assist UNT research team ~n conducting an lnspectlon of the selected pilot site * Analyze stormwater samples for routine contaminants collecting during monitoring activities at the pilot s~te During Phase 6 of the project the C~ty of Denton w~ll * Assist in the development of a draft project technical report During Phase 7 of the project the City of Denton w~ll * Provide a technical review of the Draft Final Pro3ect Report C \DOCS\FOP~\$COP~ SVC U S ENVZRONMENTAL PROTECTION AGENCY C X 824841-01-1 ASSISTANCE AMENDMENT AMENDMENT NO (Opflona~ 1 NOTE The original Amendment with one espy must be exeouted and returned to the Grants Admlnetraflon Division for Headqua~er. asalGMnoe awards and to ~e Oran~ Admlnl~r~lon Branches for S~e and local a~lstanee a~rd. within 3 weeks a~er re~el~ or w[thlfl any e~enslon of time as may be grant~ In ~lng by EP~ ~eept as may be othe~lse provided, no costa as a resuK of ~e Amendment may be Inourred prior to the ~lon ~ ~e ~l~nee Amendment by the parle8 thereto Receipt of a wr~en re~sal~ or failure to reoelve the proper~ exeo~ed dooument within the prescribed time will result In the termination of consideration of the Aaaletanee Amendment by EP~ ~GNE~L INFORMATION APPROPRIATION AND ACCOUNTING DATA O eument FY Approp Bu ~ P o ram e~ prganl~tlonI (DeoDllg) Thi~ ~aneo ~m*ndm~m r,flo~8 ~n ~ns~on o~ th~ ~ro]o~ and Bud~ot ~on~ at no add~lonal ~o*t to ~ In ae~ordano~ wRh th~ mcipiont ~ roquo~t~d FROM T._.~O Bud. get Period 02/15/96 to 02/14/97 02/15/96 to 12/31/97 Project PaRed 02/15/96 to 02/14/97 02/15/96 to 12/31/97 METHOD OF PAYMENT ACH,'~ 5007 EIN 1756002149 OrentsSpeclellstfurthlaProJeetle AUCETHAVONGSA, Phone (202)260-9281 AWARD APPROVAL OFFICE lSSU~flG OFFICE ORGANIZATION ORGANIZATION OFFICE OF WATER GRANTS ADMINISTRATION DIVISION ADDRESS ~DDRES8 US ENVIRONMENTAL PROTECTION AGENCY US ENVIRONMENTAL PROTECTION AGENCY 401 M STREET S W WASHINGTON, DC 20460 WASH NGTON, DC 20460 RECIPIENT OI tANIZATION NAME ADDRESS UNIVERSITY OF NORTH TEXAS SPONSORED PROJECTS ADMINISTRATION PO BOX 5396 DENTON, TX 76203-5396 Except sa provided herein nil terms and oondltlone of the basso Belstnnoe agreement, Including prior amendments, remain unchanged and in full furoe and effect and eubJeot to ail applicable provisions of 40 CFR Chapter 1, Subchnpter B TYPED NAME AND TITLE MILDRED LEE / DATE ~ ,~GNATURE OF AWARD OFFICIAL BY AN~ ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION ATTAC~ENT 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 Bill 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 & Supplzes $ 1,000 00 Travel (Pretreatment, Stormwater, Waste M~n~m~zat~on and Pollution PreventIon, Training Conferences) $ 2,550 00 Equmpment (Flow controlled-remote controlled automatmc 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 \DOCS\FORMS\SUBCTR BUD