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Ordinance No. 2,82600214 -25 ORDINANCE NO. 2826 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF BAYTOWN TO EXECUTE A GRANT AGREEMENT WITH THE TEXAS ENERGY AND NATURAL RESOURCES ADVISORY COUNCIL FOR A WASTEWATER TREATMENT ENERGY CONSERVATION STUDY GRANT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, by Resolution No. 704 City Council authorized the administration to apply for a Wastewater Treatment Energy Conservation Study Grant with the Texas Governor's Office of Energy Resources in the amount of $7,500.00; and WHEREAS, said grant application was approved; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: That the City Manager is authorized to execute an agreement with the Texas Energy and Natural Resources Advisory Council for a Wastewater Treatment Energy Conservation Study Grant. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect from and after its passage. INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the City of Baytown this 14th day of February , 1980. l ATTEST: HUTTO, Mayor EILEEN P. HALL, City Clerk APPROVED: SC TT BOUN S, City Attorney 00214 -24a E X H I B I T "A" STATE OF TEXAS COUNTY OF TRAVIS 0 GRANT AGREEMENT I. CONTRACTING PARTIES The Agency: Texas Energy and Natural Resources Advisory Council (TENRAC) Austin, Texas The Performing Party: City of Baytown II. CONTRACT PERIOD 00214 -25b Fej"" °, -J IS This grant and agreement shall commence 3antiar-y -1:, 1980 and terminate on December 31, 1980. III. STATEMENT OF SERVICES TO BE PERFORMED The services to be performed under this Grant Agreement are in accordance with the 1979 Local Government Innovative Grants Program of the Texas State Energy Conservation Plan (SECP) prepared in accordance with the Energy Policy and Conservation Act (42 U.S.C. 6201 et. seq.), as amended by the Energy Conservation and Production Act (42 U.S.C. 6801). This program is funded in part by a grant from the United States Department of Energy. This Grant Agreement is entered into between the two agencies named above to enable the Performing Party to initiate and implement the "Wastewater Treatment Plant Energy Consumption Analysis and Operation Modification Program" for the City of Baytown in accordance with the application received by TENRAC on November 14, 1979 for 1980 Innovative Energy Conservation Grant assistance. The Texas Energy and Natural Resources Advisory Council and the Performing Party mutually agree as follows: A. The Performing Party will be responsible for the following: 1. The Performing party will achieve energy savings of between 886,598,000 BTUs and 1,152,578,000 BTUs in the calendar year 1980. 2. The Performing will, within thirty (30) days of project initiation or within thirty (30) days of receipt of the appropriate formats, provide the Agency with the following completed planning evaluation documents: a. An initial "Milestone Status Report," b. An initial "Financial Status Report," and C. A detailed narrative description of planned method to determine actual energy savings resulting from the project. 3. The Performing Party will contract with an appropriate engineering firm to perform the initial phases of the project by janUaff 1980. Fe- br4 Lt* y 15 00214 -25c 4. The Performing Party and their consultant will complete the collection of relevant consumption and operational data by €el4rtratY -41 1980. KIM, Ylc., r M h S 5. The Performing Party and their consultant will complete a load analysis of each of the -tee wastewater treatment facilities and prepare a report of load characteristics by tMar�ch -!, 1980. 1q?rI A is b. The Performing Party and their consultant will complete a data analysis and system study and prepare a schedule of load and y operation data by Z 111H, e 1980. 7. The Performing Party and their consultant will prepare written recommendations for energy savings via operation modifications and submit to appropriate lead agency by APri, 13, 1980. 3U,, I 8. The Performing Party and their consultant will prepare a Final Report, including recommendations for operational modifications, energy savings estimated to result from those modifications, a description of the-methodology used in the analysis, and all pertinent data by =i 1980. The Performing Party will submit a draft of this Final Report to TENRAC for review and comment before final reproduction of the document. 10. The Performing Party will implement the recommended operational modifications by june -f, 1980. 11. The Performing Party will monitor the implemented modifications over a one year period and compare the results with the historical data collected in the first phase of the program. The Performing party will provide TENRAC with this and other pertinent information collected in subsequent years regarding the continuation and impact of the project. 12. The Performing Party will submit quarterly reports as described in Section V. B. The Texas Energy and Natural Resources Advisory Council will be responsible for the following: 1. Providing appropriate formats for programmatic and fiscal quarterly and final reporting. 2. Providing review, comment and approval of each draft product produced for dissemination as a result of this grant agreement. 3. Providing technical assistance to the Performing Party, when appropriate. IV. GRANT TERMS AND CONDITIONS The Grant awarded in this Grant Agreement shall not be used by the Performing Party directly or indirectly: (1) to purchase equipment, other than office equipment, such as weatherization materials and law enforcement equipment; (2) for construction, such as construction of mass transit systems and exclusive bus lanes; (3) to subsidize fares for public transportation; or (4) for subsidies for utility rate demonstrations or State insulation tax credits. The Performing Party shall meet administrative, fiscal, and all other requirements established by Department of Energy Guidelines as set out in 10 C.F.R., Chapter I1, Part 420, Subpart A (attached hereto and made a part hereof as Attachment A). The Performing Party assures and certifies that it will comply with the Assurances attached hereto and made a part hereof as Attachment B. 00214 -25d V. REPORTING In order that the Agency may substantiate its expenditures of Federal monies with adequate and sufficient documentation, and maintain an accurate account of activities and energy savings, the Contractor shall comply with the Agency's Project Management Guidelines Manual for the Texas State Energy Conservation Plan. The Project Management Guidelines Manual contains provisions dealing with, but not limited to the following: (1) Quarterly progress reporting (2) Energy savings estimates reporting (3) Submission of vouchers The Performing Party will supply other reports and information as requested by the Agency. Quarterly reports shall be submitted to TENRAC by the 15th of the month following the close of each calendar quarter. Each quarterly monitoring report will consist of all elements outlined in the . "Contractor /Grantee Reporting Guideline Manual." A final report shall be submitted at the close of the contract year. The final report will evaluate the extent to which project goals were actually achieved, the transferability of the project, any problems encountered, and plans for the continuation of the project. In addition, the Performing Party agrees to provide TENRAC staff with follow -up information about the continuation and impact of the project in subsequent years. V1. GRANT FUNDS This Agreement provides for the Performing P not to exceed $7,500.00. These grant funds sh the categories established in the Grant Budge t hereof as Attachment C. Adjustments may be written approval of TENRAC. Pa V11. PAYMENTS to receive a total funding grant all be expended in accordance with attached hereto and made a part made between categories only upon Grant funds will be administered on a cost reimbursement basis. Unless the Performing Party has received written agreement from TENRAC for incurring greater costs, costs in excess of $6,000 during the first calendar quarter of 1980 or in excess of $5,000 during any other calendar quarter will not be eligible for reimbursement. The Performing Party will submit the following budgetary information to TENRAC on a quarterly basis: a list of project expenditures by the Performing Party, supported by source documents including actual invoices and official payroll records; a list of project expenditures funded by state grant monies,. similarly supported by source documents; an accounting of the sum total of the quarterly and cumulative project expenditures; and a narrative description of the quarter activities as described in the "Contractor /Grantee Reporting Guideline Manual." In addition, the Performing Party will prepare quarterly a state purchase voucher which TENRAC will review, certify and process for payment. Request for reimbursement are to be submitted no more frequently than quarterly, unless this imposes an undue hardship on the Performing Party, in which case requests for reimbursement may be submitted monthly. Grant funds shall be used exclusively for expenses incurred in implementing the program described in Section 11I, Statement of Services to be Performed. 00214 -25e VIII. COPYRIGHTS The Performing Party will not assert any rights at common Iaw or in equity or establish any claim to statutory copyright in any material or information developed under this Grant Agreement, but TENRAC shall have the right to use, reproduce, or publish any or all information and other materials without the necessity of obtaining any permission from the Performing Party and without expense or charge. Attribution as the source of funding shall be given to the Texas Energy and Natural Resources Advisory Council and Department of Energy in any material or information published under this grant. IX. TERMINATION Either party to this contract shaII have the right, in such party's sole discretion and at such party's sole option, to terminate and bring to an end all performances to be rendered under this contract by delivering written notice of termination to the other party at least 30 days prior to the date of termination. TENRAC reserves the right to terminate this contract in the event that the Performing Party does not fulfill the planned activities listed in Section III on a quarterly basis or does not comply with the planned budget outlined in Attachment C. After receipt from TENRAC of notice of termination, the Performing Party shall not incur any additional cost other than costs specifically authorized in the notice of termination. In no event shall TENRAC be liable to the Performing Party or, the Performing Party's creditors for expenses incurred after the termination date. X. MISCELLANEOUS This contract is contingent upon continuing availability of Federal funding to the Texas Energy and Natural Resources Advisory Council. XI. COMPLETE AGREEMENT This contract constitutes the integral agreement between the contracting parties and may not be amended except by agreement in writing executed by both parties. AGENCY: Texas Energy and Natural Resources Advisory Council Thomas D. Wright, Director Conservation Division PERFORMING PARTY: City of Baytown Fritz Lanham City Manager Date Date 15,301.4 9 420.2 Recordkeeping 00214 -25f Regulations 162 10/28/77 15,303 Each recipient of Federal financial assistance under this part shall keep such records as FEA shall require, including records which fully disclose the amount and disposition by each recipient of the proceeds of such assistance, the total cost of the project or program for which such assistance was given or used, the source and amount of funds for such projects or programs not supplied by FEA, and such other records as FEA determines necessary to facilitate an effective audit and performance evaluation. Such recordkeeping shall be in accordance with Federal ,Management Circular 74 -7 (34 CFR 256) and any further requirements which may be established by FEA. .01 41 F. R. 8335 (February 26, 1976). 15,304 420.3 Grants terms and conditions 15,304.05 (a) Grants awarded under this part shall not be used directly or indirectly - (1) to purchase equipment, other than office equipment, such as weatherization materials and law enforcement equipment; (2) for construction, such as construction of mass transit systems and exclusive bus lanes; (3) to subsidize fares for public transportation; or (4) for subsidies for utility rate demonstrations or State insulation tax credits. 15,304.10 (b) Grants awarded under this part shall be administered in accordance with the following -- (1) Federal Management Circular 73 -2 (34 CFR 251), entitled "Audit on Federal Operations and Programs by Executive Branch Agencies;" (2) Federal Management Circular 74 -4 (34 CFR 255), entitled "Cost Principles Applicable to Grants and Contracts with State and Local Governments;" (3) Federal Management Circular 74 -7 (34 CFR 256), entitled "Uniform Adminis- trative Requirements for Grants -in -Aid to State and Local Governments;" (4) Office of Management and Budget Circular A -89, entitled "Catalog of Federal Domestic Assistance ;" (5) Office of Management and Budget Circular A -95, entitled "Evaluation, Re- view and Coordination of Federal and Federally Assisted Programs and Pro- jects;" (6) Office of Management and Budget Circular A -97, entitled "Rules and Regula- tions Permitting Federal Agencies to Provide Specialized or Technical Services to State and Local Units of Government Under Title III of the Intergovernmental Coordination Act of 1968;" (7) Treasury Circular 1082, entitled "notification to States of Grants -in -Aid Information;" and ($) such procedures applicable to this part as FEA may from time to time prescribe for the administration of grants .01 41 F. F. 48325 (November 3, 1976). 10 C.F.R., Chapter 11, Part 420, Subpart A ATTACHMENT A 00214 --25g ASSURANCES The Applicant hereby assures and certifies that he will comply with the regulations, policies, guidelines, and requirements including OMB Circulars Nos. A -87, A -95, and A- 102, as they relate to the application, acceptance and use of Federal funds for this Federally assisted project. Also the Applicant assures and certifies with respect to the grant that: 1. It possesses legal authority to apply for the grant; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understand- ings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and 'to provide such additional information as may be required. 2. It will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. 3. It will comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d) pro- hibiting employment discrimination where (1) the primary purpose of a grant is to provide employment or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grant -aided activity. 4. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91 -646) which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally assisted programs. 5. It will comply with the provisions of the Hatch Act which limit the political ac- tivity of employees. 6. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 7. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 8. It will give the grantor agency or the Comptroller General through any authorized representative the access to and the right to examine all records, books, papers, or documents related to the grant. 9. It will comply with all requirements imposed by the Federal grantor agency con- cerning special requirements of law, program requirements, and other adminis- trative requirements approved in accordance with Office of Management and Budget Circular No. A -102. All references to Federal circulars shall apply to the latest revision (including new cir- cular numbers) as of the date of execution of this contract. ATTACHMENT B 00214 -25h BUDGET Grant Match Total Personnel Salaries $ -0- $ 3,679.41 $ 3,679.41 Benefits -0- -0-- -0- Travel -0- -0- -0- Supplies -0- 75.00 75.00 Equipment -0- -0- -0- Contracts 7,500.00 -0- 7,500.00 Indirect Costs -0- -0- -0- TOTAL $ 7,500.00 $ 3,754.41 $ 11,254.41 ATTACHMENT C