Ordinance No. 2,83100228 -1
ORDINANCE NO. 2831
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
OF THE CITY OF BAYTOWN TO EXECUTE FOUR TECHNICAL ASSIS-
TANCE GRANT AGREEMENTS WITH THE TEXAS DEPARTMENT OF
ENERGY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BAYTOWN:
Section l: That the City Manager is authorized to
execute four Technical Assistance Grant Agreements with the
Texas Department of Energy. Copies of the agreements are
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 28th day of
February , 1980•
\,EMMETT O. HUTTO, Mayor
ATTEST:
n
EILEEN P. HALL, City C16-rk
APPROVED:
SCOTT BO S, City Attorney
0022$ -1a
E X H I B I T "A"
00228-lb
INSTITUTIONAL BUILDINGS GRANTS PROGRAM
GENERAL PROVISION
This grant is funded on a matching basis and subject to all of the
regulations, guidelines and requirements provided in the program
regulations and in OMB Circular A -102 or A -110, FMC 74 -4 and A -95.
Included are copies of A -102 or A -110, FMC 74 -4, and program regulations
10 CFR 455, Part II, Subparts C thru I for your reference. The following
general provisions also apply:
1. General
a. This grant is funded on a matching basis without fee or profit not
to exceed the amount awarded as indicated on the face page and is
subject to a refund to DOE of unexpended Federal funds. There
is no commitment for further additional DOE funding beyond the
amount awarded in this grant.
2. Pro ress Reports and Financial Status Reports
(See the attached program regulations, Section 455.63 for
details required for inclusion in the reports.)
Frequency and Content.
a. Progress reports and Financial Status Reports will be submitted
as follows:
Program
Progress Report
Final Report
Annual Reports
Financial
Financial Status
Reports (SF 269)
Final Report
(sF 269
Attached
Period Covered
Due by
6 mos. ending June & Dec. July 31 & Jan. 30
Entire Grant
Each 12 months
6 mos. ending June &
December
Entire Grant
90 days after project
conclusion
60 days after
completion of each
12 month period.
(3 year limit)
July 31 & Jan. 30
90 days after project
conclusion
00228 =1c
b. Copies.
2
The State and DOE Regional Office will each receive an original
and one copy of the reports except for the annual postaward program
reports. Annual postaward reports will be made to the State only, and will
cover each year of the three year period following installation of
an energy conservation measure or measures.
3. Payment Procedure.
Payment by DOE will be made by the method and on the schedule indicated
on Appendix A.
4. Site Visits.
The State or DOE may make site visits as frequently as practicable to
review progress under the grant.
5. Liabilities and Losses.
DOE assumes no liability with respect to any damages or loss arising
out of any activities undertaken with the financial support of this
grant.
6. Audit.
Recipients will comply With the audit requirements established in the
State Plan for each type institutional recipient.
7. Matching.
Federal and grantee financial contributions shall be considered as
combined sins. They shall not be reported separately for each
budget category or program element. All project expenditures by the
grantee shall be deemed to include the Federal share. Funding ratio
(i.e. 50-50) is the basis for allocating the outlays on financial
status reports (SF 269).
8. Record Requirements for Salary Cost.
Amounts charged as salary cost and fringe benefits will be supported
by time and attendance or equivalent records for individual employees.
9. Property.
Title to property acquired under this grant shall vest with the
recipient unless otherwise specified in the grant award documents.
10. Procurement Standards.
Procurements, including contracts, must be in accordance with Attach-
ment 0 of OMB Circular A -102 or A -110 as applicable to recipient
group. The following highlights of Attachment 0 are provided for
your convenience. They do not relieve recipients of compliance with
all provisions of Attachment "0 ".
00228 -1d
3
a. Procurement system standards. Recipients may use their own
procurement policies and procedures provided that they meet
the minimum standards of Attachment "0" of OMB Circular A -102
or A -110, as applicable to recipient group. In part, these
standards provide for the following:
(1) The recipient shall maintain a code of standards of conduct
which prohibits nepotism and organizational conflicts of
interest.
(2) All procurement transactions shall be conducted in a
manner to provide, to the maximum extent practical, open
and free competition. Contractors that develop or draft
specifications, requirements, statements of work, invita-
tions for bids and /or requests for proposals shall be
excluded from competing for such procurements. Awards
shall be made to the bidder /offeror whose bid /offer is
responsive to the solicitation and is most advantageous
to the recipient, price and other factors considered.
(3) All recipients shall have, or shall establish procurement
procedures that provide, for, at a minimum, the following
procedural requirements.
(a) The avoidance of purchasing unnecessary or duplicative
items.
(b) Solicitations for goods and services shall be based
upon a clear and accurate description of the
technical requirements for the material, product
or service to be procured.
(c) Affirmative steps shall be made by the recipients
to utilize small business and minority -owned business
sources of supplies and services.
(d) The type of procuring instruments used must be
appropriate for the program involved. The "cost
plus-a- percentage- of-cost" method of contracting
shall not be used.
(e) Contracts shall be made only with responsible
contractors who possess the potential ability to
perform successfully under the terms and conditions
of a proposed procurement.
(f) All proposed sole source contracts or where only
one bid or proposal is received in which the
aggregate expenditure is expected to exceed $10,000
shall be subject to prior approval at the discretion
of DOE.
00228 -1e
4
(g) Some form of price or
be made in connection
action.
cost analysis should
With every procurement
(h) A system for contract administration shall
be maintained to ensure contractor
conformance with terms, conditions and
specifications of the contract, and to
ensure adequate and timely followuP of all
purchases.
b. Required contract provisions. The recipient shall include, in
addition to provisions to define a sound and complete agreement,
the following provisions in all contracts. These provisions
shall also be applied to subcontracts.
(1) Contracts in excess of $10,000 shall contain contractual
provisions or conditions that will alloy: for aftinis-
trative contractual or legal remedies in instances in
which contractors violate or breach contract terms,
and provide for such remedial actions as may be
appropriate.
(2) All contracts in excess of $10,000 shall co-fain
suitable provisions for termination by the recipient
including the manner by which termination will be
effected and the basis for settlement. In addition,
such contracts shall describe conditions under which
the contract may be terminated for default as well
as conditions where the contract may be tercinated
because of circumstances beyond the control of the
contractor.
(31 All contracts awarded by recipients and their contrators
or subgrantees having a value of more than $10,000
shall contain a provision requiring compliance 6-ith
Executive Order 11246, entitled "Equal Employment
Opportunity ", as amended by Executive Order 11375, and
as supplemented in Department of Labor regulations (41
CYR, Fart 60).
00228 -1f
s
(4) All contracts and subgrants for
construction or repair awarded by recipients and sub -
recipients shall include a provision for compliance with
the Copeland "Anti -Kick Back" Act (18 USC 874) as
supplemented in Department of Labor Regulations
(29 CFR, Part 3). This Act provides that each contractor
or subcontractor or subgrantee shall be prohibited from
inducing, by any means, any person employed in the
construction, completion, or repair of public work,
to'give up any part of the compensation to which he is
otherwise entitled. The recipient shall report all
suspected or reported violations to DOE.
(5) All contracts awarded by the recipients and sub - recipients
relating to any project costing more than $5,000
(excluding costs for a preliminary energy audit, energy
audit or technical assistance) shall include a
provision for compliance with the Davis -Bacon Act
(40 USC 276a to a -7) and as supplemented by Department
of Labor Regulations (29 CFR, Part 5). Under this Act,
contractors shall be required to pay wages to laborers
and mechanics at a rate not less than the minimum wages
specified in a wage determination made by the Secretary
of Labor. In addition, contractors shall be required
to pay wages not lass than once a week. The recipient
shall place a copy of the current prevailing wage
determination issued by the Department of Labor in
each solicitation and the award of a contract shall
be conditioned upon the acceptance of the wage
determination. The recipient shall report all suspected
or reported violations to DOE.
(6) where applicable, all contracts awarded by recipients
in excess of $2,000 for constructionn contracts and
in excess of $2,500 for other contracts that involve
the emploment of mechanics or laborers, shall
include a provision for compliance with Sections
103 and 107 of the Contract Work Hours and Safety
Standards Act (40 USC 327--330) as supple-
mented by Department of Labor Regulations (29 CFR,
Part 5). Under Section 103 of the Act, each
contractor shall be required to compute the wages of
every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of
the standard workday or workweek is permissible
provided that the worker is compensated at a rate of
00228 -Ig
0
not less that 1 -1/2 times the basic rate of pay for
all hours Worked in excess of 8 hours in any calendar
day or 40 hours in the workweek. Section 107 of the
Act is applicable to construction work and provides
that no laborer or mechanic shall be required to work
in surroundings or under working conditions which
are unsanitary, hazardous or dangerous to his health
-and safety as determined under construction, safety
and health standards promulgated by the Secretary of
Labor. These requirements do not apply to the
purchases of supplies or materials or articles
ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.
(7) All negotiated contracts (except those of $10,000 or
less) awarded by recipients shall include a provision
to the effect that the recipient, DOE, the Comptroller
General of the United States, or any duly authorized
representatives, shall have access to any books,
documents, papers and records of the contractor which
are directly pertinent to a specific program for the
purpose of making audits, examinations, excerpts and
transcriptions.
(8) Contracts and sub - agreements of amounts in excess of
$100,000 shall contain a provision that requires the
recipient to agree to comply with applicable stand-
ards, orders or regulations issued pursuant to the
Clear Air Act of 1470 (42 USC 1857 et seq.) and the
Federal Water Pollution Control Act (33 USC 1251 et
seq.) as amended. Violations shall be reported to
DOE agency and the Regional office of the Environmental
Protection Agency.
Doi:: Form 400_1 00228 -1h
(6 -79)
Replaces 1:07m FEA -r -203 U.S. DEPARTMENT OF ENERGY
NOTICE OF GRANT AWARD
Under authority of Public Law 95 -•619 and subject to pertinent legislation, regulations and policies applicable to
(Cite legislative program title):
}- PROGRAM TITLE (CiteSpecificprogram title) Grant Programs for Schoo! s and Hasp i to I s and Bu I I d i ngs
Owned by Units of -Local Government and Public Care Institutions- a AMENOMENTNO.
3, GRANT NO
2. GRANTEE (!Name, address, ZIP�ode) $OR61 1337 -T-01 1 -TA t� /A
City of Baytown ---
(Police Administration Building)
PTEQ =PpA5W,F 424
Baytown, Texas 77520
(713) 422 -4151
7. CONGRESSIONAL DISTRICT
08
8. STATE, (;ITY, COUNTY
Texas /Baytown /Harris
10. NAME OF GRANTEE PROJECT DIRECTOR
Richard Hare
12. GRANTEE TYPE
M STATE F) LOCAL GOVERNMENT
13a. APPROPRIATION SYSMt3UL
89X0215.91
b. B & R Number
F Kl1i
16. AV`JARD COMPUTATION (Federal funds
a. Amount awarded prior budget periods S
b. Amount previously awarded current
budget period 5
c. Current fiscal year funds, this $
award
d. Total amount awarded for program
period 5
This grant award, consisting of Part I- Budget Plan and Part II- Conditions, attached hereW, will be administered in accordance
with the following documents which are hereby incorporated by reference:
5, BUDGET PERIOD
FromFel) ruary 8, 1980 Thru: February 28%.1981
6. TOTAL PROGRAM PERIOD
Frojnr_c R 1QQn Thru:Fr -hr nPry 2A_ 1981
g. TYPE OF GRANT AWARD
X a New d. Revision
b. Continuation I e. Supplement
�c Renewal I I
11. ADDRESS OF GRANTEE PROJECT DIRECTOR
Same as #2
❑ NON- PROFIT ❑ OTHER AUTHORIZED GRANTEE
1A.ALL03lilENT SYM80L1FUND CLASS I lba_ cmrt_UT cn r.N..�-. "
E6 -05 -91 AO 74- 6000246G
b. Vendor Code
17. CURRENT BUDGET PERIOD INFORMATION
_0- a. Federal share of approved budget 1,761
-�_ b, Non - Federal share of approved 1,761
budget S
1,761 c_ Total approved budget 5 3,522
See Attached Budget
1,761
a. Grant application dated October 15, 1979 , as negotiated.
b. Program guidelines applicable to this grant: 10 GFR Part 455
(Title) . Grant Programs for Schoo I s and Hosp i to I s(Lkte) Bu i I d i ngs Owned by tin 1 is
of Local Government and Public Care lnstitutions
c. DOE Assistance Regulations, 10 CFR 2 -600, as amended, subparts A 8:. B
d. Other documents as applicable:
See attached documents
19. SPECIAL CONDITIONS APPLICABLE TO THIS GRANT AWARD
See attached Special Conditions
20. RFMA
21. GRANTEE ACCEPTANCE
(Signature of — authorized grantee official)
- T - (Title of authorized signing official) - - - -
NAME OF GRANTEE ORGANIZATION
1. AWARDING OFFICER
-`°_
�
1tegional Representative------- -___ --
tTirleJ
by
(Signature) .%% (Date) `
Procurement Contracts Officer
DOE, Region V1, 2626 W. Mockingbird Lane
Dallas, Texas 75235
00228 -1i
170F. Form 4600.1 - r
Afflik
(6 -79)
Replaces f=orm FEA- F -203 U-S. DEPARTMENT OF ENERGY
NOTICE OF GRANT AWARD1;
Under authority of Public Law g5 -61 Band subject to pertinent legislation, regulations and policies applicable to
..
(Cite legislative program title): 'r
1. PROGRAM TITLE [CitespeCificX09ram title) Grant Programs for Schools and Hospitals and Buildings
. �-
Ot3 ned z - aC°��t1f11._:nne�.�. -: -- - 4 -
3. GRANT NO. . AMENDMENT NO.
2. G RANTS E (Name, address, -,J), code)
80R61 1335 --T- 009 -TA ��_16
City of Baytown
5. BUDGET PERIOD
(Sterling Municipal Library) ;=
PTE�Pr;� 424 FrF roar $ 19
om. T "r" Feb ruary 28a l9
��
Baytown, Texas 77520 6. TOTAL PROGRAM PERIOD
From Thru:
' p
(713) 422 -4151 1
r r
9. TYPE OF GRANT AWARD
7. CONGRESSIONAL DISTRICT:'_-`''_'
08 X a. New __ I d. Revision
b. Continuation le. Supplement
STATE, CITY, COUNTY -
texas /Baytown /Harris c. Renewal
10. NAME OF GRANTEE PROJECT DIRECTOR 11, ADDRESS OF GRANTEE PROJECT DIRECTOR -
Richard Flare Same as #2
12. GRANTEE TYPE ' -� -=
❑ STATE LOCAL GOVERNIAENT ❑ NON- PROFIT ❑ OTHER AUTHORIZED GRANTEE
15a. EMPLOYER I.D. NUMBER
13a. APPROPRIATION SYMBOL l4. ALLOTMENT 5Yh160LIFUND CLASS AD 74- 6000246G - s
89X0215.91 E6- �05 -91
b. Vendor Code
b. B & R Number '
EF02
16. AWC.RD COMPI;TATION (Federaifur.psonly! 17. CURRENT SVDGET PE.R'OD INFORfv ?ATION _
S
a. Amount awarded prior budget per
_0_ a. Federal share of approved budget 5 2,31 6 -
b. Non - Federal share of approved 2.316
b. Amount previously awarded current $
budget period
e. Current iiscal year funds, this 2,316 e• Tota= approved budget S 4,632
award
S `
See Attached Budget
d. Total amount avv'arded for program 5 2 316
-- period -
1S. This grant award, consisting of Part I- Budget Plan and Part II- Conditions, attached hereto, will be administered in accordance L
with the following documents which are hereby incorporated by reference:
a. Grant application dated October 15, 1979 , as negotiated.
b. Program guidelines applicable to this grant: 10 CFR Par -l' 455
{Title} Grant Programs for Schoo I s and Hosp i to I s(400 Bu i I d i ngs owned by Un 1 is
of Local Government and Public Care Institutions
c. DOE Assistance Regulations, 10 CFR 2 --600, as amended, subparts A 8. B
d. Other documents as applicable:
See attached documents
19. SPECIAL CONDITIONS APPLICABLE TO THIS GRANT AWARD
See attached Special Conditions
REMARKS:
21. GRANTEE ACCEPTANCE
T f5ignarure of authorized grantee official) ^ f —! T {Date}
(Title of authorized signing official)
NA. ",1E OF GRANTEE ORGANIZATION
1. AWARDING OFFICER
22_'AWAM- ED
r
r' i _ _I^ --- - - - - - - l- (note! -
_ - - (Signature!
deg i ona l Representative
by
(Signature) ✓ " --I Date) /
Procurement Contracts officer
DOE, Region Vl, 2626 W. Mockingbird Lane
Dallas, Texas 75235
T>UE. Fnrrn a60o.1 00228 -1,]
(F -79) � %
Reply ;CS FOTM I:GA- 1 -_2p3 U,S. DEPARTMENT OF ENERGY
NOTICE OF GRANT AWARD
Under authority of Public Law 95 --619 and subject to pertinent legislation, regulations and policies applicable to
lCire legislative program title):
i. PROGRAM TITLE (cite specificprogram titlel Grant Programs for Schools and Hospitals and Buildings
Owned by Units of Local Government and Public Care Institutions.
2. GRANTEE (Name, address, ZIP code)
3. GRANT NO. Q. AMENDMENT NO.
City of Baytown 80861 1333 --T- 007 -TA N -A
(Community Building) 5. BUDGET PERIOD
From- Thru,
E PHg, �d , 424 C"..L. uar
Baytown, Texas 77520 6. TOTAL -PROD A-^M-PPE'-RiiOD
(713)422-4151 From. Thru.
7. CONGRESSIONAL DISTRICT
08
S. STATE, CITY, COUNTY
Texas /Baytown /Harris
0. NAME OF GRANTEE PROJECT DIRECTOR
Richard Hare
12. GRANTEE TYPE
I1 STATE ® LOCAL GOVERNMENT
9- TYPE OF GRANT AWARD
^ X I a. New d. Revision
b. Continuation e. Suppi_-nent
c- R nerval 1
11. ADDRESS OF GRANTEE PROJECT DIRECTOR
Same as #2
❑ NON - PROFIT ❑ OTHER AUTHORIZED GRANTEE
13a, APPROPRIATION SYMBOL 14. ALLOTMENT SYMBOL /FUND GLASS
89X02T5 91 E6- 05--91
b. B & R Number
EF02
15. AWARD COMPUTATION (Federal funds only)
a- Amount awarded prior budget periods
S
—0-
b. Amount previously awarded current
_0_
budget period
$
c. Current fiscal year funds, this
2,046
award
$
d, Total amount awarded for program
2 046
period
15a. 1= MMLUy=.1 I.U- NUMUth
AO 74- 6000246G
b, vendor Code
17. CURRENT BUDGET PERIOD INFORMATION
a. Federal share of approved budge' S 2,046
b. Non - Federal share of approved 2-046
budget $
c. Total approved budget 5 4,092
See Attached Budget
I5. Phis grant award, consisting of Part i- Budget Plan and Part II- Conditions, attached hereto, will be adrnirristered in accordance
with the following documents which are hereby- incorporated by reference:
a. Grant application dated October 15, 1979 , as negotiated.
b. Program guidelines applicable to this grant: 10 CFR Part 455
(Title) Grant Programs for Schools and Hospital-4400 Buildings Owned by Units
of Local Government and Public Care Institutions
c. DOE Assistance Regulations, 10 CFR 2 -600, as amended, subparts A & B
d. Other documents as applicable:
See attached documents
19. SPECIAL CONDITIONS APPLICABLE TO THIS GRANT AWARD
See attached Special Conditions
20. REMARKS,
21. GRANTEE ACCEPTANCE
(Signature of authorized gran[ee officiall — (Aa[eJ —
(Title of authorized signing official!
NAME OF GRANTEE ORGANIZATION
1. AWARDING OFFICER
22 A�tf3ED ^����
by-- - - —- - - - -- - - -- —
�n11ArlIfPl (fat
0e _9 1canal Representative - - -- -
r_- - - by
--- -- !Titled - - --
(Signature) (gate)
Procurement Contracts Officer
DOE, Region V1, 2626 W. lfockingbird Lane
Dallas, Texas 75235
00228 --1k
DoE rurm 4604.I
(6 -79}
Rcpl3ces I=nrm 1-GA -i� -203 U.S. DEPARTMENT OF ENERGY
NOTICE OF GRANT AWARD
Under authority of Public Law 95 -61 9 and subject to pertinent legislation, regulations and policies applicable to
(fire legislarive program title):
t. PR0GRAPA TITLE (Cite specific program title) Grant Programs for SChoo I s and Hosp i to I s and Bu i I d i ngs
_Owned by Units of Local Government and Public Care Instifutlons. 3. GRANT NO. a AMENDMENT NO.
2. G R A N T E E fName, address. ZIP code)
City of-Baytown
80861 ] 33 ] -- T- OQS -TA t� /x
(City Ha I l) 5. BUDGET PERIOD ff r���yyt
From' so Thru: F� rua�y7 fl- -- -:�1 83
F E L U." qg 6x 424
6. TOTAL PROG AM PERIOD
Baytown, Texas 77520 From: Thru_
(71 -�) 472 --4151 198D Fph rum - 1_gR7
7. CONGRESSIONAL DISTRICT
03
STATE, CITY, COUNTY
Texas /Baytown /Harris
10. NAME OF GRANTEE PROJECT DIRECTOR
Richard Hare
12. GRANTFF TYPE
❑ STATE
Q LOCAL GOVERNMENT
14. ALLOTMENT SYMBOLIFUND CLASS
E6 -05 -91
13a. APPROPRIATION SYMBOL
89X0215.91
b. 8 & R Number
EF02
16. AWARD CQ VPUTATION (Federal funds.
a_ An-ourq awarded prior budget periods $
b. Amount previously awarded current
budget period $
c. Current fiscal year funds, this
avrard $
d. Total amount awarded for program
period $
1$. This grant a«ard, consisting of Part l- Budget Plan and Part 11-Conditions, attached hereto, will be administered in accordance
with the following documents which are hereby incorporated by reference:
9_ TYPE OF GRA T AWARD
X a. New d. Revision
b. Continuation C. Supplement
c. Renewal
11- ADDRESS OF GRANTEE PROJECT DIRECTOR
Same as #2-
❑ NON - PROFIT ❑ OTHER AUTHORIZED GRANTEE
AD 74-- 6000246G
b. Vendor Code
17. CURRENT BUDGET PERIOD INFORMATION
_Q- a. Federal share of approved budget $ 1,761
-Q_ b. Non - Federal share of approved 1,761
budget $
1,761 c. Total approved budget $ 3,522
See Attached Budget
1,761
a. Grant application dated , as negotiated.
pcto er 15 1979
b. Program guidelines applicable to Nes grmt: 10 CFR Pa Ad 5
(Title) Grant Programs for Schools and Hospital Buildings Owned by Units
C. DOE Assistance e��a onset �u�UdGas ameniifeg, ub j SSA & B
d. Other documents as applicable:
See attached d lmentq-,
19. SPECIAL COND1TiONS APPLICABLE TO THIS GRANT AWARD
See attached S ec'
20. REMARKS: n
21, GRANTEE ACCEPTANCE
($;y^ ^nature of authorized grantee official) - - - 'Dare)
f7`itle of authorized signing official) - - -^ - - --
OF GRANTEE ORGANIZATION -
1. AWARDING OFFICER
A"OARDED
-�� (Date)
(Signature) -
R,Pg I -or+a1 -Rep r- eessef4l(r * l i �
S ( Date) /, {Date) '
Procurement Contracts Officer
DOE, Region Vl, 2626 W, Vlockingbird Lane.
Dallas, Texas 75235