Loading...
R-92-1764 - 11/24/1992WHEREAS, the Edwards Aquifer is a vital source of water for municipal, agricultural, recreational and other purposes for the people of central Texas, and WHEREAS, both the Texas Water Commission ( "TWC ") and the City of Round Rock ( "City ") have an interest in and a responsibility for maintaining and protecting the quality of water in the Edwards Aquifer, and WHEREAS, through the joint efforts of the Commission and the RESOLUTION NO. MO / ' `� City, the level of groundwater quality protection will increase beyond the level which either the Commission or the City could achieve acting independently, and WHEREAS, an Interlocal Contract has been proposed whereby the City will assist the Commission in reviewing development plans to assure that they are in compliance with the rules and regulations protecting the Edwards Aquifer, and WHEREAS, the City Council wishes to approve said Interlocal Contract, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Contract with the Texas Water Commission, a copy of said contract being attached hereto and incorporated herein for all purposes. RS11242A ATTEST: RESOLVED this 24th day of November, 1992. NE LAND, City Secretary 2. MIKE ROBINSON, Mayor City of Round Rock, Texas TEXAS WATER COMMISSION RESOLUTION Signed this 8th day of December , 1992. ATTEST: C . .V Gloria Vasquez, Ch.t le Hall, Chairman • DEC 10 10(;.) TEXAS WATER COMMISSION WHEREAS, Section 5.229 of the Texas Water Code provides that the Executive Director, on behalf of the Commission, may negotiate with and with the consent of the Commission enter into contracts or other agreements with the United States or any of its agencies, with states and political subdivisions of this state, or any other entity for the purpose of carrying out the powers, duties, and responsibilities of the Commission; WHEREAS, Section 26.175 of the Texas Water Code provides for cooperative agreements between a local government and the Texas Water Commission, to provide for the performance of water quality management, inspection, and enforcement functions and to provide technical aid and educational services to any party to the agreement; and for the transfer of money between the parties to the agreement for the purpose of water quality management; WHEREAS, Section 791.001 of the Texas Government Code provides that an interlocal contract must be authorized by the governing body of each party to the contract; must state the purpose, terms, rights, and duties of the contracting parties; and must specify that each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. NOW, THEREFORE, BE IT RESOLVED that the Texas Water Commission approved in an open meeting, on December 2, 1992, the interlocal agreement entered into by the Executive Director and the City of Round Rock. The effective date of this agreement is December 2, 1992. The Commission shall compensate the City of Round Rock, pursuant to such interlocal agreement, for any work performed by the City of Round Rock after December 2, 1992 and during the term of the agreement. THE STATE OF TEXAS COUNTY OF TRAVIS INTERLOCAL CONTRACT Contract Number THIS INTERLOCAL (INTERGOVERNMENTAL) CONTRACT ( "CONTRACT ") is entered into and beginning on December 2, 1992, by and between the Governmental Entities shown below as Contracting Parties, pursuant to the authority granted and in compliance with the provisions of "The Interlocal Cooperation Act," Texas Government Code, Chapter 791. I. CONTRACTING PARTIES: The Receiving Agency: Texas Water Commission The PERFORMING PARTY: The City of Round Rock II. SCOPE OF WORK See "Attachment A" III. BASES FOR CALCULATING REIMBURSABLE COSTS: See "Attachment B" IV. CONTRACT AMOUNT The RECEIVING AGENCY will pay the PERFORMING PARTY fifty per cent (50 %) of the amount of the applications fees collected by the RECEIVING AGENCY for those Water Pollution Abatement Plan applications reviewed by the PERFORMING PARTY. Estimated total payments for the two year contract is Twenty Thousand dollars ($20,000). V. ADDITIONAL CONTRACT PROVISIONS See "Attachment C" VI. ATTACHMENTS Attachments "A -C" are attached to this Contract and are hereby incorporated herein and made a 1 part of this Contract for all purposes. I RECEIVING AGENCY further certifies that it has the authority to 1 contract for the above services by authority granted in the TEX. WATER I CODE § 5.229, TEX. WATER CODE § 26.175, and TEX. GOVT. CODE § 791.011. 2 PERFORMING PARTY further certifies that it has authority to perform the services contracted for by authority granted in Tex. Water Code § 26.175, and TEX. GOVT CODE § 791.011. By: RECEIVING AGENCY Texas Water Commission (Name of Agency) Jesfis Garza Executha Director Date: I 2-SIL- 3 PERFORMING PARTY The City of Round Rock (Name of Agency) By: Mike Robinson Mayor Date: / /- )y -92. ATTACHMENT A SCOPE OF WORK 4 ATTACHMENT A SCOPE OF WORK ARTICLE 1. SUMMARY AND GENERAL PROVISIONS (a) DEFINITIONS: (1) The terms and provisions of this Contract shall have the meanings set forth in 31 TAC § 313.3, unless otherwise provided herein. Otherwise, the terms defined in this Contract shall have the following meanings: (a) Boundaries of City: The corporate limits and the two mile extraterritorial jurisdiction of the City as they may be changed from time to time. (b) Water Pollution Abatement Plan (WPAP): Any plan required to be submitted pursuant to 31 TAC §§ 313.4, (Water Pollution Abatement Plan for Regulated Development), 313.5, (Organized Sewage Collection Systems); and 313.11, (Static Hydrocarbon Storage in Aboveground Storage Tanks). Any further reference to WPAP, unless specifically stated otherwise, refers to the above three sections. (b) The RECEIVING AGENCY hereby delegates to the PERFORMING PARTY all of its rights, duties and responsibilities to review and approve WPAP applications for regulated activity within any regulated 5 development located within the boundaries and extraterritorial jurisdiction of the PERFORMING PARTY and to monitor compliance with the approved WPAP application. The RECEIVING AGENCY does not delegate to the PERFORMING PARTY and expressly reserves the duty to continue to review WPAP applications for compliance with 31 TAC §S 313.5(c)(2)(ii) and 313.5(c)(3), concerning pressurized collections systems and lift stations, respectively. Nothing in this Contract is intended to restrict the powers of the RECEIVING AGENCY or any other governmental entity to prevent, correct, or curtail activities that result or might result in pollution of the Edwards Aquifer, or waters in the State. The RECEIVING AGENCY expressly reserves the right, duty, and responsibility to enforce compliance with the approved WPAP, the Texas Water Code, and all rules promulgated by the RECEIVING AGENCY. (c) The PERFORMING PARTY will assume the rights, duties, and responsibilities to review and approve WPAP applications for development within its boundaries and its extraterritorial jurisdiction and to monitor compliance with the approved WPAP application. The PERFORMING PARTY does not assume the duty to review WPAP applications for compliance with 31 TAC §S 313.5(c)(2)(ii) and 313.5(c)(3), concerning pressurized collections systems and lift stations, respectively. That duty remains with the Executive Director of the Texas Water Commission. 6 (d) For the purposes of this Contract only, wherever 31 TAC §§ 313.4, 313.5, and 313.11 contain the phrase "executive director" or "district office,' these terms shall be deemed to mean the PERFORMING PARTY. The PERFORMING PARTY agrees to undertake and perform the duties and assume the responsibilities of the executive director and the district office as set out in 31 TAC §§ 313.4, 313.5 and 313.11. (e) (f) (g) The PERFORMING PARTY shall review each WPAP application submitted, determine if it is administratively complete, and determine if the WPAP meets the standards for water quality protection promulgated by the RECEIVING AGENCY, as set forth in chapter 313 of Title 31 of the Texas Administrative Code. If necessary, the PERFORMING PARTY shall require the applicant to make any and all changes in its WPAP so that the water quality protection standards are met. The PERFORMING PARTY shall approve no WPAP application which does not meet these standards. The RECEIVING AGENCY and the PERFORMING PARTY agree that the executive director shall continue to have the responsibility to review and approve WPAP's for regulated development undertaken by the PERFORMING PARTY itself. The PERFORMING PARTY shall have the right to defer the review and approval of any application for a WPAP to the executive director. The PERFORMING PARTY shall inform in writing both the executive 7 (h) The PERFORMING PARTY shall make no determination of administrative completeness until it has received confirmation from the RECEIVING (1) director and the applicant of any decision to defer. AGENCY that any draft or check used to pay the application fees has cleared the applicant's account and the RECEIVING AGENCY has received the funds. Once the PERFORMING PARTY determines that the required submission of the WPAP application is administratively complete, the PERFORMING PARTY must immediately notify the TWC District 14 Office and immediately provide that office with two copies of the application by mailing to the following address: Texas Water Commission 1700 S. Lamar Building 1, Suite 101 Austin, Texas' 78704 The TWC District 14 Office may review the WPAP approval and may provide recommendations to the PERFORMING PARTY concerning the application. The TWC District 14 Office will have 10 working days from receipt of the application to make such review and provide such recommendations to the PERFORMING PARTY and the PERFORMING PARTY shall follow these recommendations. This review by the RECEIVING AGENCY does not eliminate the PERFORMING PARTY'S obligation to conduct its own independent review. Once the PERFORMING PARTY decides to approve a WPAP, the decision will not be effective as a final approval until five working days after the TWC District 14 Office has received two copies of the PERFORMING PARTY's approved WPAP application, including two copies 8 of all correspondence. The RECEIVING AGENCY may review the PERFORMING PARTY'S approval. If the RECEIVING AGENCY makes such review of the PERFORMING PARTY's approval and the RECEIVING AGENCY's staff finds significant inadequacies in the PERFORMING PARTY's approval process or proposed specific conditions of approval, in order to protect the water quality of the surface and groundwater, the RECEIVING AGENCY's staff shall direct the PERFORMING PARTY to amend the PERFORMING PARTY's WPAP approvals or deny the WPAP application, prior to the issuance of the final approval to the applicant. This review by the RECEIVING AGENCY of the PERFORMING PARTY'S approved WPAP application does not constitute approval of the WPAP by the Texas Water Commission. (j) The PERFORMING PARTY shall not issue an approval letter until the PERFORMING PARTY confirms that all fees have been paid in full. (k) The PERFORMING PARTY shall designate staff to review plans in accordance with the terms of this memorandum of Contract. Such designated staff shall be available for maintaining communication between the PERFORMING PARTY and the RECEIVING AGENCY, with regard to matters addressed in this contract. (1) Any person having a justiciable interest in a matter on which a decision has been made by the City acting pursuant to this Contract, and who is aggrieved by that decision, may request the RECEIVING AGENCY to undertake a review of the decision. 9 (m) A request for review must be in writing and must specifically state each issue in the decision of the PERFORMING PARTY, acting on behalf of the executive director, to which the aggrieved person objects. The request for review of the decision must be filed with the RECEIVING AGENCY within 30 days of the date on which the PERFORMING PARTY issues its decisions, and must be responded to within 60 days of receipt of the request by the RECEIVING AGENCY. Final Commission determination regarding the request for review is a prerequisite to judicial appeal. (n) Upon issuance of approval in accordance with section (i) of this attachment to this contract, the PERFORMING PARTY shall provide to the applicant the approval letter, with all related correspondence or plan amendments attached. In addition to the other provisions contained therein, the approval letter shall specify that the applicant must keep the approval letter, the WPAP application, and all related correspondence or plan amendments on -site during the execution of regulated activities. (o) The RECEIVING AGENCY and the PERFORMING PARTY agree that representatives of their staffs will meet biannually to exchange ideas and information, review the past activities relative to this Contract, and review any concerns regarding the Edwards Aquifer Rules which the RECEIVING or PERFORMING PARTY may wish to address. This Contract will be reviewed at the biannual meetings and modifications may be proposed based upon the review. However, 10 nothing in this section shall prohibit the parties from modifying this document at any other time. (p) Upon acceptance of a WPAP application, the PERFORMING PARTY shall forward the payment of fees to the following address: Texas Water Commission Fiscal Services Section P.O. Box 13087 Austin, Texas 78711 -3087 As compensation for the PERFORMING PARTY's services, the RECEIVING AGENCY shall remit to the PERFORMING PARTY, 50 per cent of the fees collected for those applications reviewed by the PERFORMING PARTY. (q) The PERFORMING PARTY will be compensated by the RECEIVING AGENCY for the period specified in this contract, unless the contract is properly amended. (r) In the event that an applicant discovers any significant recharge features and notifies either the RECEIVING or PERFORMING PARTY, pursuant to 31 TAC §§ 313.4(d)(2), 313.5(d)(2), the party notified shall immediately notify the other of the discovery. 11 ATTACHMENT B BASIS FOR CALCULATING REIMBURSABLE COSTS 12 ATTACHMENT B BASIS FOR CALCULATING REIMBURSABLE COSTS ARTICLE 1. BASIS FOR CALCULATING REIMBURSABLE COSTS This contract has been executed by the PERFORMING PARTY and the RECEIVING AGENCY because the joint efforts of the RECEIVING AGENCY and the PERFORMING PARTY will increase the level of surface and groundwater quality protection beyond the level either the RECEIVING AGENCY or the PERFORMING PARTY could achieve independently. Section 26.0461 of the Texas Water Code and section 315.27 of Title 31 of the Texas Administrative Code provide for WPAP application fees for those plans required to be submitted for approval. The RECEIVING AGENCY is required by law to collect those application fees. The RECEIVING AGENCY will reimburse the PERFORMING PARTY for its services in reviewing the submitted WPAP applications. The RECEIVING AGENCY shall pay the PERFORMING PARTY fifty per cent (50 %) of the amount of the application fees collected by the RECEIVING AGENCY for those WPAP applications reviewed by the PERFORMING PARTY. The amount paid by the RECEIVING AGENCY to the PERFORMING PARTY is based upon the number of WPAP applications reviewed by the PERFORMING PARTY and the amount of the fees collected. The RECEIVING AGENCY paying for the performance of governmental functions or services will make those payments from current revenues available to the RECEIVING AGENCY. This Contract is in an amount that fairly compensates the 13 PERFORMING PARTY for the services or functions performed under the contract. ARTICLE 2. CONSIDERATION AND PAYMENT (a) At the end of each month, the PERFORMING PARTY shall submit an invoice for that month, in sufficient detail for audit thereof, itemizing and identifying each WPAP application reviewed by the PERFORMING PARTY. Invoices shall be submitted to the following address: Attn: Texas Water Commission District 14 Office 1700 S. Lamar Building 1, Suite 101 Austin, Texas 78704 Invoices shall be prepared by the PERFORMING PARTY and shall reflect the work and services performed in the course of work under this Contract. The RECEIVING AGENCY shall pay the PERFORMING PARTY fifty (50) per cent of the WPAP application fees collected by the RECEIVING AGENCY for those WPAP applications reviewed by the PERFORMING PARTY. (b) Upon satisfactory completion of the work performed hereunder and prior to final payment under this Contract for such work, or prior to settlement upon termination of the Contract and as a condition thereto, the PERFORMING PARTY shall execute and deliver to the EXECUTIVE DIRECTOR a release of all claims against the TWC arising under or by virtue of this Contract. (c) Upon satisfactory completion by the PERFORMING PARTY of all of the 14 (d) Final payment under this Contract or settlement upon termination shall not constitute a waiver of the TWC's claims against the PERFORMING PARTY or its sureties under this Contract. (e) If the PERFORMING PARTY is a corporation, no payment shall be made while PERFORMING PARTY is delinquent in taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. (f) tasks identified under the terms of this Contract and upon acceptance of such tasks by the EXECUTIVE DIRECTOR, the PERFORMING PARTY will be paid the unpaid balance of any money due for such tasks. The PERFORMING PARTY agrees that the determination of satisfactory completion will be based entirely on the judgment of the staff of the TWC. The PERFORMING PARTY further agrees to exempt the TWC and its staff from damages or claims arising from the enforcement of this provision. TWC reserves the right to suspend payment for any services or reports pending the PERFORMING PARTY'S completion, revision, or correction of services or reports identified in the Scope of Work attached as Attachment A. 15 ATTACHMENT C ADDITIONAL CONTRACT PROVISIONS 16 ATTACHMENT C ADDITIONAL CONTRACT PROVISIONS ARTICLE 1. RESPONSIBILITY OF THE PERFORMING PARTY (a) The PERFORMING PARTY shall be responsible for the professional quality, ' technical accuracy, timely completion and the coordination of all services and other work furnished by the PERFORMING PARTY under this Contract. (b) The PERFORMING PARTY shall perform such professional services as may be necessary to accomplish the work required to be performed under this Contract, in accordance with this Contract and applicable EPA and RECEIVING AGENCY'S requirements and any and all applicable law. (c) The RECEIVING AGENCY'S approval or acceptance of, nor payment for any of the services shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract; and the PERFORMING PARTY shall be, and remain, liable in accordance with applicable law for all damages to the RECEIVING AGENCY including reasonable attorneys' fees and court costs caused by the PERFORMING AGENCY's negligent performance of any of the services furnished under this Contract. (d) In performing any services hereunder, the PERFORMING PARTY is, and 17 (f) (g) undertakes performance as, an independent contractor. (e) The PERFORMING PARTY shall be, and shall remain, liable in accor- dance with applicable law for any and all bodily injury, disease, or death of third persons or loss of or damage to property of third persons arising out of or incident to the work performance. The PERFORMING PARTY agrees to indemnify and hold harmless TWC and all of its employees and officers against any and all liability, loss or damage arising out of or incident to the PERFORMING PARTY's work performance. The obligations of the PERFORMING PARTY under this Article are in addition to the PERFORMING PARTY's other express or implied assurances under this Contract or applicable law. ARTICLE 2. TERMINATION (a) This Contract shall terminate on December 2, 1994, unless extended in writing or terminated prior to that date. (b) The Executive Director of the RECEIVING AGENCY or the PERFORMING PARTY may rescind, terminate, or modify this Contract at any time, for any reason. A termination action must be in writing. (c) If termination is effected by either party, the RECEIVING AGENCY shall pay the PERFORMING PARTY for those WPAP application reviews 18 completed by the PERFORMING PARTY prior to termination of this Contract for which the PERFORMING PARTY has not previously been paid. (d) Upon receipt of a termination action, the PERFORMING PARTY shall (1) promptly discontinue all services affected (unless the notice directs otherwise) and (2) deliver or otherwise make available to the RECEIVING AGENCY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the PERFORMING PARTY in performing this Contract, whether completed or in the process. (e) Upon termination, the RECEIVING AGENCY may take over the work and prosecute the same to completion by Contract with another party or otherwise. ARTICLE 3. CHANGES (a) The EXECUTIVE DIRECTOR or his Authorized Representative identified pursuant to Article 11 may, at any time, by written notification to the PERFORMING PARTY make changes within the general scope of this Contract in the services or work to be performed. If such changes cause an increase or decrease in the PERFORMING PARTY's cost of, or time required for, performance of any services under this Contract, an equitable adjustment shall be made and this Contract shall be modified in writing accordingly. Any claim of the PERFORMING PARTY for adjustment under this clause must be 19 asserted in writing within thirty (30) days from the date of receipt by the PERFORMING PARTY of the notification of change unless the EXECUTIVE DIRECTOR or his Authorized Representative grants a further period of time before the date of final payment under this Contract. (b) No change that increases or affects the compensation to the PERFORMING PARTY, as described in Attachment B, or affects the accuracy of or changes the Scope of Work, as described in Attachment A, (any such change to be defined as a Major Change), shall be effective unless this Contract is formally amended in writing. The EXECUTIVE DIRECTOR or his Authorized Representative may also require a formal amendment to this Contract to increase the time allowed for any services or other work required in Attachment A (Scope of Work). A formal amendment requires written justification for the Major Change, a written description of the Major Change and the signatures of the EXECUTIVE DIRECTOR and the PERFORMING PARTY. A formal amendment for which the compensation will exceed the contractual authority of the EXECUTIVE DIRECTOR also requires the consent of a majority of Commissioners of the Texas Water Commission. (c) Before implementing any change under this Article that does not require a formal amendment (such a change being defined as a "Field Change ") the PERFORMING PARTY must obtain the authorization of the EXECUTIVE DIRECTOR'S Authorized Representative. A Field Change may or may not change or affect the accuracy of the Scope 20 of Work. Authorization to proceed with implementation of a Field Change under this paragraph shall be evidenced by a written description of the change signed by the Authorized Representatives of the TWC and PERFORMING PARTY. If the Authorized Representative does not provide authorization to proceed in accordance with the preceding sentence, the change shall be deemed a Major Change and authorization to proceed shall be governed by paragraph (b) of this Article. ARTICLE 4. AUDIT, ACCESS TO RECORDS (a) The PERFORMING PARTY shall maintain and make available for inspection, audit, or review books, records, documents, and other evidence directly pertinent to performance on all work under this Contract, including negotiated changes or amendments thereto, in accordance with accepted professional practice, appropriate accounting procedures and practices, and, as applicable, 40 CFR § §31.36, 31.42 and 35.935 -7 at the PERFORMING PARTY's City Hall. The PERFORMING PARTY shall also make available at this office the financial information and data used by the PERFORMING PARTY in the preparation or support of any cost submission required pursuant to 40 CFR §31.36 and a copy of the cost summary submitted to the RECEIVING AGENCY. The Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, and the RECEIVING AGENCY or any of their duly authorized representatives, shall have access to such books, records, documents, and other evidence for the purpose of 21 inspection, audit or review. During the conduct of any such audit, review or inspection, the PERFORMING PARTY's books, records, and other pertinent documents may, upon conference with the PERFORMING PARTY, be copied by the United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, and the RECEIVING AGENCY or any of their duly authorized representatives. All such information shall be handled by the auditing parties in accordance with good business ethics. (b) The PERFORMING PARTY agrees to include paragraphs (a) through (e) of this Article in all its contracts and all its subcontracts directly related to project performance which are in excess of Twenty -Five Thousand Dollars ($25,000). (c) Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or audit agency(ies). (d) The PERFORMING PARTY agrees to the disclosure of all information and reports resulting from access to records pursuant to paragraph (a) above to any of the agencies referred to in paragraph (a) above. Where the audit concerns the PERFORMING PARTY, the auditing agency will afford the PERFORMING PARTY an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the written comments, if any, of the audited 22 parties. (e) Records under paragraph (a) above shall be maintained and made available during performance on EPA work under this Contract and until three years from date of final payment by the RECEIVING AGENCY for the project. In addition, those records which relate to any dispute under an EPA cooperative agreement or application for assistance, any litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken shall be maintained and made available until three years after the date of resolution of such disputes, litigation, or claim or exception. (f) Access to records is not limited to the required retention periods. The authorized representatives designated in Article 11 of this Attachment C shall have access to records at any reasonable time for as long as the records are maintained. (g) This right of access article applies to financial records pertaining to all subagreements and all subagreement change orders and subagreement amendments. ARTICLE 5. REMEDIES Notwithstanding any other terms in this Agreement, or any attachments or addenda hereto, or any documents comprising this Agreement, all claims, counterclaims, disputes, and other matters in question between 23 the RECEIVING AGENCY and the PERFORMING PARTY arising out of or relating to this Agreement or the breach thereof will be decided in a court of competent jurisdiction in the City of Austin, Travis County, Texas. The parties may agree to submit such claims, counterclaims, disputes, and other matters in question between the RECEIVING AGENCY and the PERFORMING PARTY to arbitration or mediation, but only by written amendment to this Contract signed by both the RECEIVING AGENCY and the PERFORMING PARTY. ARTICLE 6. EMPLOYMENT PRACTICES The PERFORMING PARTY agrees that in the performance of this Contract, it will not discriminate against any employee or applicant because of race, religion, color, sex, age, or national origin and it will comply with Executive Order 11246, entitled "Equal Employment Opportunity ", as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (Title 41 CFR Part 60). The PERFORMING PARTY assures that no person will, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subject to discrimination under any program or activity funded in whole or part under this Contract. ARTICLE 7. UTILIZATION OF SMALL, MINORITY, WOMEN'S BUSINESS AND LABOR SURPLUS AREA ENTERPRISES (a) In accordance with Office of Management and Budget policy as 24 (b) If the PERFORMING PARTY subcontracts work to be performed under this Contract, it agrees that the six affirmative action steps outlined in 40 CFR §31.36(e) shall be followed. If the PERFORMING PARTY subcontracts any work, it shall submit to the TWC a completed EPA Standard Form 334 within ten (10) working days after the end of each federal fiscal quarter for the period that this Contract is in force. (c) expressed in Office of Management and Budget Circular A -102 as revised March 3, 1988, the PERFORMING PARTY agrees that qualified small business, minority business, women's business, and labor surplus area enterprises shall have the maximum practicable opportunity to participate in the performance of TWC contracts and subcontracts. The PERFORMING PARTY is encouraged to procure goods and services from labor surplus areas. In the event the PERFORMING PARTY does not comply with the provisions of this Article, the RECEIVING AGENCY shall be entitled to pursue the same remedies against the PERFORMING PARTY as it could pursue in the event of a breach of this Contract by the PERFORMING PARTY. ARTICLE 8: AMERICANS WITH DISABILITIES ACT The PERFORMING PARTY shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, Public Law 101 -336, 101 congress, 2nd Session, 104 Stat. 327 (July 26, 1990). 25 ARTICLE 9. PATENTS If this Contract involves research, developmental, experimental, or demonstration work and any discovery or invention arises or is developed in the course of or under this Contract, such invention or discovery shall be subject to the reporting and rights provisions of 40 CFR § §31.25 and 31.36 (Refer to 40 CFR §30.1101 -.1112 and 37 CFR Part 401). In such case, the PERFORMING PARTY shall report the discovery or invention to EPA directly or through the RECEIVING AGENCY and shall otherwise comply with the RECEIVING AGENCY'S responsibilities in accordance with Part 31. The PERFORMING PARTY hereby agrees that the disposition of rights to inventions made under this Contract shall be in accordance with the applicable reporting and rights provisions of 37 CFR Part 401. The PERFORMING PARTY shall include provisions appropriate to effectuate the purposes of this condition in all subcontracts involving research, developmental, experimental, or demonstration work. ARTICLE 10. COPYRIGHTS AND RIGHTS IN DATA The PERFORMING PARTY agrees that any plans, drawings, specifications, computer programs, technical reports, operating manuals, and any work as stated in 40 CFR §31.34 are subject to the rights in the United States, as set forth therein as applicable, including the right to use, duplicate and disclose such manuals, etc., in whole or in part, in any manner for any purpose whatsoever, and to have others do so. If the material is copyrightable, the PERFORMING PARTY may copyright such, in 26 accordance with the aforesaid provisions, but the RECEIVING AGENCY and the Federal Government reserve a royalty -free, nonexclusive and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. The TWC and the Federal Government also reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use for any purpose whatsoever any rights of copyright to which PERFORMING PARTY purchases ownership with funds received under this Contract. The PERFORMING PARTY shall include provisions appropriate to effectuate the purpose of these conditions in all subcontracts expected to produce copyrightable work or under which rights of copyright are expected to be purchased. ARTICLE 11. SUBCONTRACTS Any subcontractors and outside associates or consultants required by the PERFORMING PARTY in connection with the services covered by this Contract shall be limited to such individuals or firms as were specifically identified in Attachment A to this Contract and agreed to during negotiations or as are specifically approved by the RECEIVING AGENCY or person(s) identified in writing under Article 11 during the performance of this Contract. Any substitution in such subcontractors, associates, or consultants shall be subject to the prior written approval of the RECEIVING AGENCY. 27 ARTICLE 12. AUTHORIZED REPRESENTATIVES (a) The EXECUTIVE DIRECTOR hereby identifies the person authorized to give direction to the PERFORMING PARTY: John Young District 14 Manager Texas Water Commission 1700 S. Lamar Building 1, Suite 101 Austin, Texas 78704 (b) The EXECUTIVE DIRECTOR hereby authorizes such identified person to further delegate his or her authority as necessary, including any delegation of authority to a RECEIVING AGENCY employee who will act as the RECEIVING AGENCY's authorized representative. Written notice of any such delegation shall be provided to the PERFORMING PARTY. (c) The PERFORMING PARTY hereby identifies to the RECEIVING AGENCY the person authorized to receive direction from the RECEIVING AGENCY, to manage the work being performed, and to act on behalf of the PERFORMING PARTY: (name) (title) (address) 28 (d) The PERFORMING PARTY agrees to make whatever arrangements are necessary to ensure that the above - identified person, or someone to whom that person has delegated his or her authority, is available at all times for consultation with the RECEIVING AGENCY. Written notice of any such delegation shall be provided to the RECEIVING AGENCY. ARTICLE 13. ACCOUNTING SYSTEMS (a) The PERFORMING PARTY shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles. The PERFORMING PARTY must propose and account for costs in a manner consistent with such standards or principles. (b) Review Records. Appropriate records shall be kept of all WPAP applications submitted, all WPAP applications reviewed by the PERFORMING PARTY or deferred to the RECEIVING AGENCY, all WPAP applications approved or denied, all fees collected by the RECEIVING AGENCY pursuant to 31 TAC § 313.25. ARTICLE 14. PUBLICITY The PERFORMING PARTY agrees to notify and obtain the verbal approval of the RECEIVING AGENCY prior to releasing any information to the news media regarding the activities being conducted under this Contract. The RECEIVING AGENCY agrees to notify the PERFORMING PARTY prior to 29 releasing any information to the news media regarding the activities being conducted under this Contract. ARTICLE 15. LICENSES, PERMITS AND LAWS The PERFORMING PARTY shall, except as otherwise provided in this Contract, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes and regulations, in connection with the work required by this Contract. ARTICLE 16. ENERGY EFFICIENCY STANDARDS The PERFORMING PARTY shall follow standards and policies on energy efficiency which are contained in the Texas State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94 -163). ARTICLE 17. ACKNOWLEDGEMENT OF FINANCIAL SUPPORT The PERFORMING PARTY shall acknowledge the financial support of the RECEIVING AGENCY whenever work funded, in whole or part, by this Contract is publicized or reported in news media or publications. All reports and other documents completed as a part of this Contract, other than documents prepared exclusively for internal use within the RECEIVING AGENCY, shall carry the following notation on the front cover 30 or title page: PREPARED IN COOPERATION WITH THE TEXAS WATER COMMISSION The preparation of this report was financed through grants from the the Texas Water Commission. ARTICLE 18. PUBLIC DATA Information gathered or reported by the PERFORMING PARTY as a part of this Contract shall be subject to public disclosure pursuant to the Texas Open Records Act, TEX. REV. CIV. STAT. ANN. art. 6252 -17a (Vernon Supp. 1992). All data and information developed under this Contract shall be public data and information, and shall be furnished to the RECEIVING AGENCY as specified in the Scope of Work. Upon termination of this Contract, all data and information shall become the property of the RECEIVING AGENCY in accordance with the provisions of Article 3 of this Attachment. ARTICLE 19. FORCE MAJEURE If a force majeure event occurs which causes delays or the reasonable likelihood of delay in the achievement of the requirements of this Contract, the PERFORMING PARTY shall immediately notify the RECEIVING AGENCY orally and shall, within seventy -two hours, notify the RECEIVING AGENCY in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the timetable by which the PERFORMING PARTY intends to implement these measures. A 31 1. force majeure event shall be an act of God, strike, war, blockade, public riot, lightning, fire, flood, explosion, governmental restraint or decree, and any other cause, whether of the kind specifically enumerated herein or otherwise, which is not reasonably within the control of the PERFORMING PARTY. ARTICLE 20. HEADINGS The headings to sections contained in this Contract are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of the substantive provision to which the heading applies unless the context so requires. ARTICLE 21. ORDER OF PREFERENCE Unless otherwise stated, a listing of factors, criteria or subjects in the Contract does not constitute an order of preference. ARTICLE 22. SEVERABILITY If any provision of this Contract is held invalid, such invalidity shall not affect any other provision which can be given effect without the invalid provision, and to this end the provisions of this Contract are declared to be severable. 32 ARTICLE 23. ASSIGNABILITY This Contract is not transferable or otherwise assignable by the PERFORMING PARTY. ARTICLE 24. NOTICE Unless otherwise stated in this Contract, any notice or other written communication, except for invoices between the parties shall be considered delivered when postmarked provided such notice or written communication is sent by certified mail, return receipt requested, or delivered in person to the authorized representative of the party as follows: RECEIVING AGENCY Texas Water Commission District 14 Office 1700 S. Lamar Building 1, Suite 101 Austin, Texas 78704 ARTICLE 25. ENTIRE AGREEMENT PERFORMING PARTY City Manager City of Round Rock 221 E. Main St. Round Rock, Texas 78664 This Contract (Including the document entitled "Interlocal Contract," Attachments A -C thereto) represents the entire agreement between the parties hereto and supersedes any and all prior agreements between the parties, whether written or oral. 33 ARTICLE 26. AMENDMENTS Any amendments, modifications or supplements to this Contract shall be in writing and shall be signed by the party to be charged. ARTICLE 27. NO DEBT AGAINST THE STATE This Contract shall not be construed as creating any debt by or on behalf of the State of Texas and for the TWC, and all obligations of the State of Texas, regarding this Contract, are subject to the continued availability of funds through legislative appropriations authorized to pay for the prescribed work. L:uNualtrlw0thme,M 34 DATE: November 20, 1992 SUBJECT: City Council Meeting, November 24, 1992 ITEM: 13A. Consider a resolution authorizing the Mayor to enter into an agreement with the Texas Water Commission for the review and approval of Water Pollution Abatement Plans. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: Round Rock and the Texas Water Commission have agreed upon an inter -local agreement regarding the review of Water Pollution Abatement Plans, underground Wastewater lines, and above ground storage tanks within Round Rock's ETJ. This action is primarily undertaken to streamline the review process. This agreement is the culmination of a cooperative relationships between Round Rock and the Texas Water Commission. A TWC member will attend the meeting to discuss this agreement with the Council. STEPHAN L. SHEETS KEVIN HENDERSON CHARLES D CROSSFIELD DALE A. BURROWS Mrs. Joanne Land City Secretary City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Dear Joanne: /gj Enclosure STEPHAN L. SHEETS & ASSOCIATES. P.C. ATTORNEYS AT LAW 309 E MAIN STREET ROUND ROCK, TEXAS 78664 -5246 January 7, 1993 Re: TWC /Operating Agreement Enclosed please find a copy of the Interlocal Agreement in connection with the above referenced matter. If you have any questions please let me know. Sincerely, Geri Jarl TELEPHONE (512) 255 -8877 FAX (512) 255 -8986