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