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R-93-10-28-9D - 10/28/1993John Hall, Chairman Pam Reed, Commissioner Peggy Garner, Commissioner Anthony Grigsby, Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution Mr. Charles Culpepper, Mayor City of Round Rock 221 East Main Street Round Rock, Texas 78664 Re: Used - Oil Recycling Program Contract No. 4100000016 Dear Mayor Culpepper: I am enclosing one (1) fully executed copy of Amendment No. 1 to the above referenced contract for your files. Should you have any questions please give me a call at 512/239- 6818. Sincerely, Fred R. Wiley ;J Assistant Grants Coordinator Municipal Solid Waste Division Enclosure June 2, 1994 cc: Lisa Martinez, Fiscal Division David Psencik, MSWD Kit Seay, OPPC P.O. Box 13087 • Austin, Texas 78711 -3087 • 512/239 -1000 printed on recycled paper using.o,'bsxd Ink RECEIVED' JUN 0 61994 P-L • STATE OF TEXAS COUNTY OF TRAVIS 5 INTERLOCAL CONTRACT AMENDMENT NUMBER 01 CONTRACT NUMBER 4100000016 Both parties to Interlocal Contract Number 4100000016, City of Round Rock (PERFORMING PARTY) and the Texas Natural Resource Conservation Commission (FUNDING AGENCY), agree to amend said Contract as follows: 1. Section (c) of Attachment A, Article 1 of the Contract (relating to the location of collection centers) is amended to reflect a change in the "Scope of Services" that was originally submitted by the PERFORMING PARTY. This Section (displayed in strike out) formerly read: (c) Undcr thin Contract thc PERFORMINC PARTY agrcco to their uocd oil. Four (4) of theoc collection ccntcrs shall be to atcd at City firc Stations (1) at thc ochool district buo barn. Each ccntcr... With this amendment, the Section now reads: (c) Under this Contract the PERFORMING PARTY agrees to provide five (5) new collection locations for all the citizens of the City of Round Rock to deposit their used -oil. Three (3) of these collection centers shall be located at City fire stations within the City of Round Rock, one at the school district bus barn, and the remaining one at the City Recycling Center, 301 Deepwood Drive. Each center... All other conditions and requirements of Contract Number 4100000016 remain unchanged. Texas Natural Resource Conservat'on Commission TNRCC /y% by: Date: FUNDING AGENCY (printed /ipame and title) Contract Number 4100000016 by 'PERFORMING PARTY C of Round Rock CHARLES CUL.PEPPE/2 mAye,, (printed name and t itle) /i Date: y / / / Q Amendment No. 1 - Page No. 2 93 -1,0-? 9v John Hall, Chairman Pam Reed, Commissioner Peggy Garner, Commissioner Anthony Grigsby, Executive Director TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution Kimberly J. Lutz Environmental Services Superintendent City of Round Rock 221 East Main Street Round Rock, Texas 78664 Re: Used -Oil Recycling Program, Contract Number 4100000016 Dear Ms. Lutz: I am enclosing three (3) copies of the completed Amendment Number 1 to the above referenced contract for your review and approval. This amendment is in response to your letter dated April 19, 1994, which requested a change in the location of one of your proposed used -oil collection sites. Please sign all three copies of the amendment and return them to me for further processing. Should you have any questions please contact me at 512/239 -6818. Sincerely, Fred R. Wiley Assistant Grants Coordinator Municipal Solid Waste Division Enclosures P.O. Box 13087 May 4, 1994 C u ;AS-rove. , UCVt.J Yo.) N2A5i. AS 4_ -to SIGN YI+ySC • Ints ,MADE A MINOL Cuyw**E ro Yf,c CDN 1NQCL : 4nc•s4 e 0.— • Austin, Texas 78711.3087 • 512/239 -1000 ponied on recycled paper mmx .aybi.ed Ink NAY 62. c. µ/ STATE OF TEXAS 5 5 COUNTY OF TRAVIS 5 INTERLOCAL CONTRACT AMENDMENT NUMBER 01 CONTRACT NUMBER 4100000016 Both parties to Interlocal Contract Number 4100000016, City of Round Rock (PERFORMING PARTY) and the Texas Natural Resource Conservation Commission (FUNDING AGENCY), agree to amend said Contract as follows: 1. Section (c) of Attachment A, Article 1 of the Contract (relating to the location of collection centers) is amended to reflect a change in the "Scope of Services" that was originally submitted by the PERFORMING PARTY. This Section (displayed in strike out) formerly read: (c) Under thin C ntract thc PERFORMINC PARTY agrcco t thc citizcno of thc City of Round Rock to dcpo3it thcir uocd oil. Pour (1) of thc3c collcction ccntcr3 shall be locatcd at City firc stationa (1) at thc School diotrict bun barn. Each ccntcr... With this amendment, the Section now reads: (c) Under this Contract the PERFORMING PARTY agrees to provide five (5) new collection locations for all the citizens of the City of Round Rock to deposit their used -oil. Three (3) of these collection centers shall be located at City fire stations within the City of Round Rock, one at the school district bus barn, and the remaining one at the City Recycling Center, 301 Deepwood Drive. Each center... A11 other conditions and requirements of Contract Number 4100000016 remain unchanged. FUNDING AGENCY 'PERFORMING PARTY Texas Natural Resource Conservation Commission (TNRCC) by: by of R. nd Rock d//Al L ES 0 uc.PE/ 2 / 9 ER, m Aya, (printed name and title) (printed name and title) /i / Date: Date: / / i 1 /Q4 Contract Number 4100000016 Amendment No. 1 - Page No. 2 • WHEREAS, the City of Round Rock wishes to establish an Used - Oil Recycling Program ( "Program "), and WHEREAS, the City has filed a grant application with the Texas Natural Resource Conservation Commission (TNRCC) for funds to establish the Program, and WHEREAS, the grant application has been approved by TNRCC, which has submitted a Contract to the City to fund and establish the Program, 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 a Contract with TRNCC to establish an Used -Oil Recycling Program, a copy of said Contract being attached hereto and incorporated herein for all purposes. RESOLVED this 28th day of October, 1993. ATTEST: j !`C /. Ai ! L L� KS /RESOLUTION RSIO263D NE LAND, City Secretary RESOLUTION NO. - 6 1J - HARLES CULPE PE Mayor City of Round Roc , Texas DATE: October 26, 1993 SUBJECT: City Council Meeting, October 28, 1993 HEM: 9D. Consider a resolution authorizing the Mayor to enter into a grant agreement with Texas Natural Resource Conservation Commission (TNRCC) for a Used Oil Recycling Program. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: The City of Round Rock has received grant funding from the Texas Natural Resource Conservation Commission ( TNRCC) for the implementation of a Waste Oil Recycling Program. This program will begin immediately and will continue through August 31, 1994 at which point the City may seek additional funding from TNRCC to extend the program. The following is the budget for the Waste Oil Recycling program. Supplies* Equipment Software Oil Units Contractual Site Installation TOTAL $ 19,903 1,500 13,475 4.750 $ 39,628 *includes miscellaneous office supplies, written informational materials, advertising, and incentives. FW /cr Enclosures John Hall, Chairman Pam Reed, Commissioner Peggy Garner, Commissioner Anthony Grigsby, Executive Director Kimberly J. Lutz City of Round Rock 221 East Main Street Round Rock, Texas 78664 Dear Ms. Lutz: 1 Sincerely, Fred R. Wiley Assistant Grants Coordinator Municipal Solid Waste Division q TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Protecting Texas by Reducing and Preventing Pollution October 19, 1993 P.O. Box 13087 • Austin, Texas 78711.3087 • 512/908-1000 panted on 'coded paper wing '°)bused ink Re: Used -Oil Recycling Program, Contract Number 4100000016 I am enclosing three (3) copies of the completed contract for the Used - Oil Recycling Program for your review and execution. Please execute all three copies and return them to me for further processing. Should you have any questions about the contract please give me a call at 512 \908 -6818. I will be available to meet with you to discuss this contract should you desire to do so. If you are unable to sign these documents and return them to me within ten (10) days, please respond in writing explaining the reasons for the delay. THE STATE OF TEXAS COUNTY OF TRAVIS INTERLOCAL CONTRACT Contract Number 4100000016 THIS INTERLOCAL (INTERGOVERNMENTAL) CONTRACT ( "Contract ") is entered into by and between the Governmental Entities shown below as "Contracting Parties ", pursuant to the authority granted by, and in compliance with, the provisions of the "Interlocal Cooperation Act," TEXAS GOVERNMENT CODE, Chapter 791. I. CONTRACTING PARTIES: The Funding Agency: Texas Natural Resource Conservation Commission (TNRCC) The Performing Party: City of Round Rock II. SERVICES TO BE PERFORMED: See "Attachment A - Scope of Services" III. SCHEDULE FOR ACTIVITIES OR SERVICES: See "Attachment B - Schedule of Deliverables" IV. BASIS FOR CALCULATING REIMBURSABLE COSTS: See "Attachment C - Eligible Reimbursable Costs and Payment Procedures" V. CONTRACT AMOUNT: The total cost of services to be performed in connection with this Contract is: Thirty -nine thousand six hundred twenty -eight dollars $ 39,628.00. VI. ADDITIONAL CONTRACT PROVISIONS: See "Attachment D - Additional Contract Provisions" 1333 OCT 29 FI44 1: ! 3 SOLID WASTE MGM.. VII. ATTACHMENTS: Attachments "A- D" are attached to this Contract and are hereby incorporated herein and made a part of this Contract for all purposes. VIII. TERM OF CONTRACT: This Contract begins October 1, 1993, and terminates August 31, 1994. The TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (FUNDING AGENCY) certifies that it has the authority to contract for the above services by authority granted in the Current Appropriations Act; TEXAS WATER CODE, §5.229 and HEALTH and SAFETY CODE 5371.061, as added by Senate Bill 1340 of the 72nd Texas Legislature. The PERFORMING PARTY certifies that it has authority to perform the services contracted for by authority granted in the "Interlocal Cooperation Act," TEXAS GOVERNMENT CODE, Chapter 791, and the City of Round Rock Resolution dated May 27, 1993. FUNDING AGENCY Texas Natural Resource Conservation Commission (TNRCC) (N e of Agency) By: - /l.r Date: (Auth rized Sign ture) &e (Printed Name) (Title) ��aa /l /5 /!-' PERFORMING PARTY City of Round Rock By: d • .' ' of / /'arty) ' (Authorized ignature) (Printed N e (Title) Date: \I) ** THIS CONTRACT DOES NOT REQUIRE APPROVAL BY THE GENERAL SERVICES COMMISSION ** ATTACHMENT A SCOPE OF SERVICES ARTICLE I. USED -OIL RECYCLING PROGRAM IMPLEMENTATION (a) The PERFORMING PARTY agrees to conduct activities to promote and implement programs for the collection and recycling of used -oil in areas currently either not served or under served by other used -oil collection and recycling programs or facilities. The purpose of this program is to reduce the amount of used motor oil that is disposed of indiscriminately by do- it- yourselfers (DIY) who change their own oil. This shall be accomplished by increasing citizens' awareness of the environmental hazards that used motor oil presents, and by stressing the importance of the recovery and reuse of used motor oil. (b) The PERFORMING PARTY proposes to prevent the harmful and incorrect disposal of used motor oil through a used motor oil collection program that will be available to all citizens in the City of Round Rock. Through this program, the PERFORMING PARTY agrees to: (1) collect used motor oil generated in the City of Round Rock, thus diverting it from the solid waste streams; (2) provide five (5) collection locations that shall be easily accessable to all citizens in the City of Round Rock to deposit their used -oil; and (3) provide public education through advertizing in newspapers, radio and television public service announcements and posters informing the citizens in the City of Round Rock the environmental hazards of used -oil. (c) Under this Contract the PERFORMING PARTY agrees to provide five (5) new collection locations for all the citizens of the City of Round Rock to deposit their used -oil. Four (4) of these collection centers shall be located at City fire stations within the City of Round Rock and the remaining one (1) at the school district bus barn. Each center shall include a minimum of one (1) three hundred sixty (360) gallon collection tank. (All collection and storage tanks shall be designed to control and prevent spillage. These tanks shall include double containment capabilities and /or a lined and bermed containment pit. Also, each collection site shall include a bermed, spill prevention pad in the loading /unloading area where the oil will be poured into the storage tanks). Contract Number 4100000016 Attachment A, Page No. 1 (d) The PERFORMING PARTY shall enter into a contract with a Texas Natural Resource Conservation Commission (TNRCC) registered used -oil hauler /recycler to collect the used -oil from the collection center. (e) The PERFORMING PARTY shall accomplish all items or activities listed as deliverables in Attachment B of this Contract. (f) This Attachment, which sets forth under the Contract a required scope of services for the proposed project, includes the Narrative Proposal (Exhibit 1) that was submitted by the PERFORMING PARTY, in June, 1993, and (Exhibit 2) that was submitted in their revised proposal dated September 22, 1993, when applying for funding from the Texas Natural Resource Conservation Commission (TNRCC). In the event any of the provisions of the narrative proposal, incorporated as Exhibit 1 and Exhibit 2 to this Attachment, conflict with that "Scope of Services" or with Attachment B of this Contract (relating to Schedule of Deliverables), the provisions of Articles 1 - 3, of this Attachment or Attachment B shall prevail. (g) Any references, in this Contract, to either the "Texas Water Commission" or to "TWC" shall be construed to mean the Texas Natural Resource Conservation Commission (TNRCC). ARTICLE 2. REPORTING Using the format provided by the FUNDING AGENCY, the PERFORMING PARTY shall provide to the FUNDING AGENCY written progress reports concerning the overall performance of this Contract. The progress reports shall document accomplishments and units of work performed, including all activities performed by any subcontractors. The first written progress report shall be due on November 30, 1993, the next report shall be due February 28, 1994, the next report shall be due on May 31, 1994 and final progress report shall be due on August 31, 1994. Completed report forms should be mailed or delivered to the attention of the "Municipal Solid Waste Grants Coordinator," at the following address: Texas Natural Resource Conservation Commission Municipal Solid Waste Division P.O. Box 13087 Austin, Texas 78711 -3087 ARTICLE 3. REGISTRATION OF COLLECTION CENTERS (a) Using the forms provided by the FUNDING AGENCY, the PERFORMING PARTY shall provide the required information, for each of the collection centers established during this contract, to become registered by the Texas Natural Resource Conservation Commission as a collection center for used oil. The registration information shall be provided by the PERFORMING Contract Number 4100000016 Attachment A, Page No. 2 PARTY prior to the termination date of this contract and and prior to collection /acceptance of any used oil at such centers. The PERFORMING PARTY also shall continue to maintain current facility registration requirements and submit required annual reports to the Texas Natural Resource Conservation Commission after completion of this Contract. (b) Registration as a used -oil transporter shall be required of any entity who transports amounts of used -oil that exceeds the guidelines allowed by the Federal Register 40 CFR 279, Subpart E "Standards for Used -Oil Transporter and Transfer Facilities." Contract Number 4100000016 Attachment A, Page No. 3 EXHIBIT 1 (TO ATTACHMENT A) NARRATIVE PROPOSAL USED -OIL RECYCLING PROGRAM IMPLEMENTATION AS CONTAINED IN PERFORMING PARTY'S JUNE 3, 1993 GRANT APPLICATION PROPOSED PROGRAM TO COLLECT AND RECYCLE USED AUTOMOTIVE OIL AND FILTERS I. Proposed Work Program The program will provide the public and municipal maintenance personnel with environmentally safe, easily accessible, and centrally located stations for used oil recycling. Most of the program area population is over the Edwards Aquifer and all is in the buffer zone. One of the goals of this program is to protect the Edwards Aquifer and surface waters from waste oil contamination. An awareness campaign showing the need and benefits of properly handling waste oil will be incorporated into the City's overall recycling and resource protection program. Public participation will be encouraged through newspaper articles, public service announcements on cable and local televisions stations, posters and promotional activities setup at the recycling sites and point of DIY oil sale locations. Promotional activities will include "kick -off" week materials and activities as well as long term reward incentives for program participation. The Round Rock Environmental logo, already in use with other City activities, will be incorporated into the waste oil recycling program. Of all DIY oil currently sold within the program area, only about 10% is currently being recycled. The program should double to triple the quantity of DIY oil being recycled in the first year and a steady increase is expected as the overall recycling campaign evolves. II. Collection Centers The five (5) proposed collection sites will incorporate user friendly, double contained collection equipment. Proposed sites selected will include two (2) publicly operated sites, which are currently available for DIY collection and three (3) area fire stations. This will allow personnel already stationed at the site to provide a degree of control and maintenance of the centers at a minimal additional cost. The facilities will be open for limited operating hours and will provide information regarding procedures, goals, and incentive programs connected with the program. A sign -in log will be incorporated into the information /instruct- ional signs and an incentive award program will be linked to proper completion of log entries. The Round Rock Environmental logo (see attached sketch) will be prominently displayed on all equipment and signs. The area will be designed to control, prevent and contain any spillage. A contract will be negotiated between a waste oil hauler and the City to recycle the oil and collect the filters. A 55 gallon drum will hold approximately 400 crushed filters and will cost between $50.00 and $75.00 per drum to be collected. H & H Waste Oil and Industrial Lube Specialties are waste oil recyclers currently serving the Round Rock area. They do not currently charge a fee for the collection of used oil or for brokeraging recycling of "non- spec" oil, which has failed RCRA required disposal analysis. Waste oil that becomes contaminated with hazardous waste will be picked up by a hazardous waste contractor. III. Personnel Day -to -day management of the waste oil collection program will be the responsibility of the program manager. The city will contract for a program manager at three - quarter time the first year of the program and half -time for the second year. The program manager will be responsible for overseeing the installation of the collection equipment, developing a written standard operating procedure for the program including management of the collection sites and recordkeeping, and inspecting the collection sites. In addition, the program manager will be responsible for ensuring that the collection sites are properly operated and arranging for the transport of the waste oil and used filters. The program manager will also develop publicity and educational materials such as flyers, posters, signs, and incentive programs, as well as making public presentations. City staff that will work with the waste oil collection program include the Director of Public Works and Environmental Services Division staff, fire department personnel, city inspection officers, and clerical staff (see city organizational chart). The city attorney, under contract with the city, will provide support from time to time on legal issues. IV. Equipment The program manager will track the day -to -day as well as overall progress of the program with the aid of a computerized data management system. This system will also be used to design publication materials such flyers, posters, incentive programs, and signs. The Kosmos Recycling Igloo (see diagram) incorporates a 360 gallon primary polyethylene oil reservoir and a polyethylene secondary containment barrier. The igloo also includes a level gauge, water- proof locking lid and a temperature activated fire extinguisher. The Oberg filter press (see diagram) will empty crushed filters directly into a 55 gallon drum and any excess oil squeezed from the filters will be plumbed to go directly into the kosmos used oil container. This'crusher is designed to prevent improper use and will be modified to lock out operation during off hours and prevent tampering with the collection barrel. The computer system will be based on a small, but efficient Macintosh laptop computer so that the program manager can carry it from site -to -site if needed for direct entry of data or notes. The computer will be powerful enough to run the software needed for the waste oil program: minimum requirements are 8 Mb of RAM, 80 Mb internal hard disk, and one 3.25 -inch internal floppy drive. A small laser printer will complete the hardware needed for this program. For software, the program manager will require a spreadsheet application, (Microsoft Excel), word processing software (Microsoft Word), a drawing program (Claris MacDraw Pro), and a desktop publishing program (Aldus Pagemaker). The spreadsheet application will be used to record the participation at the different locations, budget items, loads of waste oil and filters picked up by contractors, effectiveness of incentive programs, and so on. Word processing software will be used for correspondence, reports, and simple desktop publishing of education materials such as flyers and incentive registration slips. A drawing program will also be used to prepare educational flyers, posters, and signs placed at the collection centers that require graphics. The desktop publishing program will be used to generate production ready materials such as flyers, posters and pamphlets. V. Contractors The program manager, as described in the Personnel Section, will be contracted by the City. The City will also contract for installation of the equipment and signs at the collection sites and transport of waste oil and used filters. In the event that any of the waste oil is accidentally contaminated with solvents, thinners, or other prohibited materials, the city will also contract for the transport and disposal of contaminated used oil. VI. Public Awareness Campaign The City will use its existing public information network by placing materials on the local waste oil program and those from the regional LCRA and the U.S. EPA in the Round Rock Public Library. Public information materials generated for the local program will be distributed via the Public Library, the Public Works Department and the Chamber of Commerce with posters and flyers distributed as appropriate to local retail oil sales outlets. The Round Rock High School Environmental Club will assist with developing broadcasts, contests and distribution of educational materials. Specific campaign materials will be as follows: 1. The Round Rock Environmental Logo: The logo, which was already developed through a contest sponsored by the Round Rock Public Library and the high school's environmental club, will be modified to incorporate an oil recycling symbol. The modified emblem will be used to increase name identification for the campaign and to link the oil recycling to other recycling efforts. Emblem decals will be placed on all oil collection equipment, displayed at collection sites and placed on promotional and educational literature. 2. Waste Oil Fair: The campaign will begin in the fall with a half -day Waste Oil Fair held on a Saturday. The Fair will be publicized through the local newspaper and a water bill insert mailed to all households and business customers of the Round Rock Water and Wastewater Department. The fair will feature informational displays and demonstrations designed to show proper oil collection and deposit technique. Attendance will be promoted through a kick -off one -day give- away of promotional items such as funnels and decals to participants attending the demonstrations or depositing waste oil for recycling. 3. Telephone information: The Public Works Department will maintain information regarding the operation of all sites including hours, locations and procedures. Similar information will be given to the Public Library Reference Department- - making the information available during night and weekend periods. The information will be updated by project staff as the campaign progresses. 4. Media: A main function of the project- funded staff will be to develop the necessary procedures, press releases, newspaper articles, radio and TV public service announcements, paid media advertising copy, and serve as the media coordinator. The plan includes a local paid advertising campaign during selected months in order to guarantee placement during hours of high potential viewership by the target population. Efforts will be made to acquire donated advertising assistance. 5. Education: The project staff will make instructional presentations to the general public, service organizations and clubs about the program operation and the environmental hazards of oil. At least one locally- targeted informational brochure will be produced for mass distribution. An exhibit will be prepared and displayed in the Round Rock Public Library and would then be available for loan /display at other sites. 6. Printed materials and signs: Posters, signs, instruction brochures and incentive award information carrying the logo will be available at collection sites, public buildings and oil sales businesses. 7. Incentives Program: a. Initial give -away during the Waste Oil Fair of promotional items appropriate for recycling use by the • public and marked with the logo. b. Monthly drawing for a $25 prize awarded to a participant who correctly completed the oil deposit collections log. c. Semi - annual award certificate for the site with the highest number of individuals participating. d. Annual award certificate to the site where the most spec oil was collected. EXHIBIT 2 (Attachment A) PROJECT IMPLEMENTATION SCHEDULE TIMELINE AS PROPOSED IN PERFORMING PARTY'S REVISED SEPTEMBER 22, 1993 GRANT APPLICATION September 22, 1993 Mr. Fred Wiley TNRCC Municipal Solid Waste Division P.O. Box 13087 Austin, TX 79711 -3087 Dear Mr. Wiley: The following is a list of updates and /or revisions to the City of Round Rock's Waste Oil Program as discussed in our telephone conversation of yesterday. 1. Project duration shall be approximately eleven months, beginning October 1, 1993 and ending August 31, 1994. A revised time line has been enclosed. 2. Four of the collection sites will be located at the city fire stations and one at the school district bus barn. Please see map for specific locations. 3. Enclosed is an expanded list of supplies and associated costs. The city understands that certain informational materials are available free of charge, every effort will be made to utilize these materials. Thank you for your assistance and please feel free to call should you require more information. Sincerely, THE CITY OF ROUND ROCK 221 East ,Hain Street Round Rock, Texas 78664 512- 255-3612 Fax 512- 255 -6676 Mayor A like Roherrson Mayor Pro -tem Charles Culpepper Kimberly J. Lutz Council Members Robed StlUka Environmental Services Superintendent Tish Oatnnnr Rig A Stewart Ear! Palmer Thom o Ja..epir enclosures City Manager Robert L Bennett, Jr. City Attorney ,S7ephor L. Sheet, ♦ 4 4 J ♦ ♦ 4 ♦ 4 ♦ ♦ ♦ 4 ♦ ♦ 4 Proposed Project Schedule For City of Round Rock DIY Oil Collection Program Activity: Order and Procure Equipment Production of Public Awareness Material Site Installation Kickoff Campaign Television /Public Information Analyze Program Effectiveness 1993 1994 Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug ATTACHMENT B SCHEDULE OF DELIVERABLES ATTACHMENT B SCHEDULE OF DELIVERABLES PERFORMING PARTY Ongoing Conduct required Scope Ongoing of Service activities in accordance with Attachment A of this Contract Monthly Submit request for Monthly payment using state purchase vouchers and TNRCC Financial Status Reports (Form 269a) 10/01/93 Begin public education campaign 10/01/93 IFS for used -oil tanks and site construction* FUNDING AGENCY Provide information and support required under this Contract Review submitted voucher and financial status report; process payment request 11/30/93 Install tanks 11/30/93 Submit first written 12/06/93 Review first written progress report progress report 11/30/93 Continue public education campaign 02/28/94 Submit written progress 03/06/94 Review written progress report report 02/28/94 Continue public education campaign 05/31/94 Submit written progress 06/06/94 Review written progress report . report 05/31/94 Continue public education campaign Contract Number 4100000016 Attachment B, Page No. 1 08/31/94 Submit final written progress report 08/31/94 Submit final Financial Status Report or by not later than 45 days after termination of the contract *IFB - Invitation for Bids Contract Number 4100000016 09/06/94 Review final written progress report 09/06/94 Review final Financial Status Report Attachment B, Page No. 2 ATTACHMENT C ELIGIBLE REIMBURSABLE COSTS AND PAYMENT PROCEDURES ATTACHMENT C ELIGIBLE REIMBURSABLE COSTS AND PAYMENT PROCEDURES ARTICLE 1. AUTHORIZED BUDGET FOR LOCAL USED -OIL RECYCLING IMPLEMENTATION /COLLECTION PROJECTS Total FUNDING AGENCY obligation, from the Used -Oil Recycling Fund, for expenses (costs) authorized under this Contract for used -oil recycling program implementation /collection projects, are as follows: Personnel /Salary $ 00,000 Fringe Benefits 00,000 Travel 00 000 * Supplies 19 903 Equipment 14,975 Construction 00,000 ** Contractual 4,750 Other 00,000 Total Direct Costs . . . $ 39,628 Authorized Indirect Costs . . $ 00,000 TOTAL PROJECT COSTS. . . $ 39,628 PERFORMING PARTY Share. . . $ 00,000 FUNDING AGENCY Share $ 39,628 *Includes cost for spill kits, test kits, printing and brochures, radio and television public service announcements, signs and displays for educational /promotional campaign * *Includes cost for concrete pads and installation for collection sites ARTICLE 2. AUTHORIZATIONS REOUIRED In addition to the category- specific budgeted amount set forth in Article 1 of this Attachment, the following requirements to expend funds available under this Contract are in effect: (a) Travel- Related Costs. All travel related expenses of the PERFORMING PARTY, whether for in -state or out -of -state travel, shall be claimed at the same rates and guidelines, or at lesser rates than those allowed by the State of Texas for its employees. Automobile mileage shall be reimbursed at no more than 28.0 cents per mile; per diem shall be for actual costs (lodging and meals) up to eighty ($80) dollars per day per individual (maximum of twenty -five ($25) dollars per day for meals and fifty -five ($55) dollars per day for lodging). Contract Number 4100000016 Attachment C, Page No. 1 Unless specifically authorized in Attachment A of this Contract, no out -of -state travel expenses shall be eligible for reimbursement unless such travel has been approved ahead of time, in writing, by the FUNDING AGENCY. All travel for which expenses are claimed must be in connection with the scope of work or services required under Attachment A of this Contract and must be supported by funds budgeted for "Travel" under Article 1 of this Attachment. (b) Equipment Expenditures. Unless specifically authorized in Article 3 and budgeted under Article 1 of this Attachment, no purchases of equipment (items costing more than five hundred ($500) dollars) shall be eligible for reimbursement under this Contract unless the procurement for such equipment is approved ahead of time, in writing, by the FUNDING AGENCY. This requirement for prior approval extends to equipment acquired or purchased by subcontractors. Items having a unit purchase price of less than Five Hundred ($500) Dollars should be included in the Supplies catagory of the budget and are not specifically listed in this Contract. These items are not subject to approval by the FUNDING AGENCY prior to being purchased. In the event the FUNDING AGENCY should desire to do so, it reserves the right to determine that specific items which have a unit purchase price of less than Five Hundred ($500) Dollars be identified as equipment and listed as such in the budget. (c) Contractual Expenditures. No contractual expenses shall be eligible for reimbursement unless authorized ahead of time, in writing, by the FUNDING AGENCY. The procedures to be adhered to when requesting or granting such approvals are as follows: (1) PERFORMING PARTY shall describe, in writing, the purpose and objective of each proposed subcontract and fully explain how and why such subcontract, if approved, will further the objectives of the FUNDING AGENCY with respect to municipal solid waste management; (2) PERFORMING PARTY shall explain to the FUNDING AGENCY how the award amount of each proposed subcontract was arrived at and justify the cost of each such subcontract; and (3) PERFORMING PARTY shall explain to the FUNDING AGENCY how the work (or tasks) required under each proposed subcontract is fully achievable within the time frames contained in the respective proposed subcontract. (d) Subcontract Amendments. Any amendments to subcontracts that will result in or require changes in the total amount of the subcontract, changes in the "scope of 'services" or "work to be performed" under the subcontract or changes in the term of the subcontract document itself must be approved in writing by the FUNDING AGENCY. Contract Number 4100000016 Attachment C, Page No. 2 ARTICLE 3. EOUXPMENT (a) The FUNDING AGENCY shall evaluate all equipment purchases which utilize grant funds to determine that such items legitimately serve to fulfill the scope and purpose of this Contract. If equipment purchases do not legitimately serve to fulfill the scope and purpose of this Contract, then the FUNDING AGENCY shall not reimburse the PERFORMING PARTY for such equipment purchases. (b) Title to equipment and any constructed fixtures acquired from funds provided under this Contract shall, throughout the term of this Contract, be in the name of the PERFORMING PARTY. Both parties agree that upon full performance of this Contract, title shall remain with the PERFORMING PARTY, provided however, that if this Contract is terminated, due to substantial failure by the PERFORMING PARTY to fulfill its obligations under this Contract, pursuant to Attachment D, Article 3 of this Contract (relating to Termination). Title and physical possession of all equipment and constructed fixtures shall, upon written notification from the Executive Director of the FUNDING AGENCY, be transferred in good condition and within five (5) days to the FUNDING AGENCY or any other party designated by the FUNDING AGENCY. (c) The following items of equipment are hereby authorized to be purchased or acquired under this Contract. Number 5 ea. Description three hundred sixty (360) gal. (min.) used -oil container computer software (Shipping and handling costs included) ARTICLE 4. PROHIBITED ACTIVITIES Item Cost Total $ 2695 $ 13,475 1,500 TOTAL $ 14,975 Unless authorization is specifically provided in accordance with the provisions of this Attachment or in accordance with Attachment A of this Contract, the PERFORMING PARTY shall ensure that funds provided under this Contract are not used for the following activities, programs, or projects: (a) Duplication of Effort. Activities, projects, programs, studies, etc. that provide duplicate funding for projects under other State funding programs are not authorized. Contract Number 4100000016 Attachment C, Page No. 3 (b) Facility - Related Costs. Funds may not be used for final design and engineering costs or construction costs for landfills, transfer stations, and other facilities predominantly associated with solid waste disposal only. (c) Land Acquisition Costs. Funds may not be used to acquire land or an interest in land. (d) Household Hazardous Waste Disposal. Funds may not be used for the costs of disposal of household hazardous waste. (e) Collection of recyclable materials. Funds may not be used for collection of recyclable materials other than used motor oil. ARTICLE 5. PAYMENT REQUEST PROCEDURES (a) The PERFORMING PARTY, in order to obtain reimbursement for those expenditures authorized under this Contract, shall submit, no more frequently than once per month, five (5) copies of a legible and properly completed State of Texas Purchase Voucher (Comptroller of Public Accounts Form 73 -170). Each submitted voucher shall be accompanied by a legible, properly completed and signed TNRCC Financial Status Report (State Supplemental Form 269a) which clearly indicates, for each Contract - contained budget category, the PERFORMING PARTY'S expenditures or encumbrances for the period in question, the PERFORMING PARTY'S cumulative expenditures or encumbrances with respect to each budget category, and the balance remaining in each category following reimbursement of the amount being requested. Vouchers and State Supplemental 269a forms shall contain sufficient detail for audit thereof. Completed vouchers and their corresponding 269a forms, should be mailed or delivered, to the attention of the "Municipal Solid Waste Grants Coordinator," at the following address: Texas Natural Resource Conservation Commission Municipal Solid Waste Division P. 0. Box 13087 Austin, Texas 78711 -3087 (b) To be eligible for reimbursement under this Contract, a cost must have been incurred within the time period indicated on State Supplemental Form 269a and either paid by the PERFORMING PARTY prior to claiming reimbursement from the FUNDING AGENCY or incurred by the last day of the time period indicated and liquidated no later than forty -five (45) days after the end of the indicated time period. (c) Requests for reimbursement to cover subcontracts authorized under this Contract to be awarded by the PERFORMING PARTY shall be reported, as a single total amount, on State Supplemental Form 269a Contract Number 4100000016 Attachment C, Page No. 4 under the category titled "Contractual." The PERFORMING PARTY shall attach to each State Supplemental Form 269a clear and complete documentation indicating how the total "Contractual" amount to be reimbursed by the FUNDING AGENCY is divided among various subcontracts. (d) The FUNDING AGENCY reserves the right to suspend payment for any incomplete, incorrect, or inconsistent services or reports required by this Contract until the PERFORMING PARTY satisfactorily completes, revises, or corrects such services or reports. (e) Failure on the part of the PERFORMING PARTY to comply with the conditions set forth in this Contract constitutes grounds for termination of the Contract and revocation of any unexpended funds. ARTICLE 6. OUARTERLY FINANCIAL STATUS REPORTS (a) Separate State Supplemental Forms 269a, containing as their "report period" the latest fiscal year quarter, shall, within twenty (20) days following the end of each fiscal year quarter that is contained within the time period or "term" of this contract, be submitted for the budget set forth in Article 1 of this Attachment. Such reports are required even if no expenses or encumbrances were incurred during the report period. The first financial status report shall be due on November 30, 1993, the next report shall be due on February 28, 1994, the next report shall be due on May 31, 1994 and the final report shall be due within forty -five (45) days following August 31, 1994. (b) If, however, the PERFORMING PARTY for purposes of receiving reimbursement under the approved budget set forth in Article 1 of this Attachment has already submitted, together with State of Texas Purchase Vouchers, one or more State Supplemental 269a Forms that cover the entire quarterly time period for the respective budgets, the reports required under Section (a) of this Article shall be considered as having been submitted. ARTICLE 7. FINAL FINANCIAL STATUS REPORT A Final Financial Status Report shall be submitted by the PERFORMING PARTY, by not later than forty -five (45) days following the end of the Contract term, for the approved budget as set forth in Article 1 of this Attachment. Contract Number 4100000016 Attachment C, Page No. 5 ATTACHMENT D ADDITIONAL CONTRACT PROVISIONS ATTACHMENT D ADDITIONAL CONTRACT PROVISIONS ARTICLE 1, GENERAL RESPONSIBILITIES 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 FUNDING AGENCY requirements and any and all applicable law. (c) Neither the FUNDING AGENCY'S review, 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 FUNDING AGENCY including reasonable attorneys' fees and court costs caused by the PERFORMING PARTY's negligent performance of any of the services furnished under this Contract. (d) In performing any services hereunder, the PERFORMING PARTY is, and 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 PERFORMING PARTY' work performance or use of equipment. (f) The PERFORMING PARTY agrees to indemnify and hold harmless the FUNDING AGENCY 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 or use of equipment. (g) 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. PAYMENT (a) Upon satisfactory completion of the work performed hereunder and prior to final payment under this Contract for such work, or prior Contract Number 4100000016 Attachment D, Page No. 1 to settlement upon termination of this Contract and as a condition thereto, the PERFORMING PARTY shall execute and deliver to the FUNDING AGENCY a release of all claims against the FUNDING AGENCY arising under or by virtue of this Contract. (b) Final Payment under this Contract or settlement upon termination shall not constitute a waiver of the FUNDING AGENCY'S claims against the PERFORMING PARTY. ARTICLE 3. TERMINATION (a) This Contract shall terminate upon full performance of all requirements contained herein, unless extended in writing. (b) This Contract may be terminated in whole or in part in writing by either contracting party in the event of substantial failure by the other party to fulfill its obligation under this Contract through no fault of the terminating party: provided that no such termination may be effected unless the other party is given (1) not less than ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. (c) This Contract may be terminated in whole or in part in writing by the FUNDING AGENCY if the Texas Legislature withdraws the appropriation of funds for grants or reduces or restricts the appropriation to the FUNDING AGENCY. (d) This Contract may be terminated in whole or in part in writing by the FUNDING AGENCY for its convenience: provided that the PERFORMING PARTY is given not less than ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate. (e) If termination for default under Section (b) or termination for loss of State appropriation under Section (c) or termination for convenience under Section (d) is effected by the FUNDING AGENCY, an equitable adjustment in the price provided for in this Contract shall be made, but: (1) no amount shall be allowed for anticipated profit on unperformed services, tasks or other work; and (2) any payment due the PERFORMING PARTY at the time of termination may be adjusted to the extent of any additional costs occasioned to the FUNDING AGENCY by reason of the PERFORMING PARTY's default. However, the equitable adjustment for any termination shall provide for payment to the PERFORMING PARTY for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the PERFORMING PARTY relating to Contract Number 4100000016 Attachment D, Page No. 2 commitments which had become firm prior to the termination. (f) Upon receipt of a termination notice pursuant to Sections (b), (c) or (d) above, the PERFORMING PARTY shall (1) promptly discontinue all services affected (unless the notice directs otherwise) and (2) deliver or otherwise make available to the FUNDING AGENCY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials or equipment as may have been accumulated by the PERFORMING PARTY in performing this Contract, whether completed or in process. (g) Upon termination pursuant to Sections (b), (c) or (d) above, the FUNDING AGENCY may take over the work and prosecute it to completion by agreement with another party or otherwise. (h) If, after termination for failure of the PERFORMING PARTY to fulfill contractual obligations, it is determined that the PERFORMING PARTY had not so failed, the termination shall be deemed to have been effected for the convenience of the FUNDING AGENCY. In such event, adjustment of the price provided for in this Contract shall be made as provided in Section (e) of this Article. (i) If any delay or failure of performance is excused under Article 18 of this Contract, the FUNDING AGENCY may in its sole discretion terminate this Contract in whole or in part. The FUNDING AGENCY shall give the PERFORMING PARTY not less than ten (10) calendar days' written notice (delivered by certified mail, or overnight delivery service, return receipt requested) of intent to terminate and an opportunity for consultation prior to termination. If such termination is effected, an equitable adjustment shall be made in accordance with Section (e) of this Article. ARTICLE 4. CHANGES (a) The Executive Director of the FUNDING AGENCY, or a person identified in accordance with Article 13 of this Attachment (relating to Authorized Representatives), may, at any time, by written notification to the PERFORMING PARTY, make changes to the scope of this Contract or in the tasks 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 tasks supported under this Contract, whether or not changed by any order, 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 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 of the FUNDING AGENCY or a person identified in writing under Article 13 of this Attachment grants a further period of time before the date of final payment under this Contract. Contract Number 4100000016 Attachment D, Page No. 3 (b) A Major Change will include one or more of the following: (1) An increase or decrease in the amount of compensation to the PERFORMING PARTY; (2) An extension or shortening of the term of the Contract; (3) A change to the scope of the Contract or the services to be performed; or (4) Any action that is beyond the authority of the Executive Director or the Authorized Representative of the FUNDING AGENCY. (c) Implementation of a Major Change must be preceded by a formal written amendment to the Contract. The amendment must contain a description and justification of the proposed change and formal signature of both the Executive Director of the FUNDING AGENCY or his Authorized Representative and the Authorized Representative of the PERFORMING PARTY. Any amendment that will exceed the contractual authority of the Executive Director of the FUNDING AGENCY also requires the consent of a majority of Commissioners of the FUNDING AGENCY. (d) Any proposed change that is not a Major Change may qualify as a Minor Change. Such change does not require a formal amendment to the Contract. At his or her discretion, the Authorized Representative of the FUNDING AGENCY may require the PERFORMING PARTY to submit a written request for the change and a description of the activity or action proposed, or may give the PERFORMING PARTY verbal approval for the change In either case, no authorization shall be effective unless it is followed by a letter from the Authorized Representative of the FUNDING AGENCY ratifying the authorization. A copy of the letter must be retained in the appropriate file of both the PERFORMING PARTY and the FUNDING AGENCY. (e) If the PERFORMING PARTY requests a Minor Change and Authorized Representative of the FUNDING AGENCY does not approve the request as a Minor Change, then the change shall be deemed a Major 'Change and the PERFORMING PARTY may only obtain authorization to proceed in accordance with Section (c) of this Article. ARTICLE 5. ACCOUNTING SYSTEMS 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. Contract Number 4100000016 Attachment D, Page No. 4 ARTICLE 6. 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, and appropriate accounting procedures and practices at the PERFORMING PARTY's Municipal Building located in Round Rock, Texas. 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 the project budget submitted to the FUNDING AGENCY (refer to Attachment C) of this Contract. The FUNDING AGENCY or any of its duly authorized representatives, shall have access to such books, records, documents, and other evidence for the purpose of inspection, audit review and, upon conference with the PERFORMING PARTY, copying. All such information shall be handled by the auditing parties in accordance with good business ethics. (b) The PERFORMING PARTY agrees to include Sections (a) through (h) of this Article in all its contracts and to require their inclusion in all subcontracts directly related to project performance that 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) Where the audit concerns the PERFORMING PARTY, the FUNDING 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 parties. (e) Records under Section (a) above shall be maintained and made available during performance on work under this Contract and until three years from date of final payment by the FUNDING AGENCY for the project. In addition, those records which relate to any dispute, 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 FUNDING AGENCY and any of its authorized representatives 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 subcontracts and all subcontract change orders and Contract Number 4100000016 Attachment D, Page No. 5 subcontract amendments. (h) The FUNDING AGENCY reserves the right to require the reimbursement of any over - payments determined as a result of any audit or inspection of records kept by the PERFORMING PARTY on work performed under this contract. ARTICLE 7. REMEDIES Notwithstanding any other terms in this Contract, or any attachments or addenda hereto, or any documents comprising this Contract, all claims, counterclaims, disputes, and other matters in question between the FUNDING AGENCY and the PERFORMING PARTY arising out of or relating to this Contract 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 FUNDING AGENCY and the PERFORMING PARTY to arbitration or mediation, but only by written amendment to this Contract signed by both the FUNDING AGENCY and the PERFORMING PARTY. ARTICLE 8. 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 9. 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, 101st Congress, 2nd Session, 104 Stat. 327 (July 26, 1990). ARTICLE 10. UTILIZATION OF SMALL, MINORITY, WOMEN'S BUSINESS AND LABOR SURPLUS AREA ENTERPRISES (a) In accordance with FUNDING AGENCY policy, the PERFORMING PARTY agrees that qualified small, minority, and women's businesses and labor surplus area firms shall have the maximum practicable opportunity to participate in the performance of work under this Contract. Contract Number 4100000016 Attachment D, Page No. 6 (b) In accordance with FUNDING AGENCY policy, the PERFORMING PARTY agrees that it will attempt to achieve thirty percent (30 %) participation by minority and women's enterprises and small business enterprises in work performed for this project. If the PERFORMING PARTY fails to achieve eight percent (8 %) participation over the duration of this project, it will demonstrate in writing that it took the following affirmative action steps: (1) Placed qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assured that such business enterprises were solicited whenever they were potential sources; (3) Divided total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by such business enterprises; (4) Established delivery schedules, where the requirement permitted, which encouraged participation by such business enterprises; (5) Used the services and assistance of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce; and (6) Required its subcontractors to take the affirmative steps listed in Sections (1) through (5) above in all of its subcontracts that contemplate the letting of lower -tier subcontracts. (c) The PERFORMING PARTY's failure to comply with the provisions of this Article shall constitute a default under this Contract. ARTICLE 11. INTELLECTUAL PROPERTY (a) For the purpose of this Article, "intellectual property" refers to 1) any discovery or invention for which patent rights may be acquired, and 2) any photographs, graphic designs, specifications, computer programs, technical reports, operating manuals, or other copyrightable materials, and 3) any other materials in which intellectual property rights may be obtained. (b) If the PERFORMING PARTY first conceives of, actually puts into practice, discovers, invents, or produces any intellectual property during the course of its work under this Contract, it shall report that fact to the FUNDING AGENCY. (c) The PERFORMING PARTY may obtain governmental protection for rights in the intellectual property. However, the FUNDING AGENCY hereby reserves a nonexclusive, royalty -free and irrevocable license to Contract Number 4100000016 Attachment D, Page No. 7 use, publish, or reproduce the intellectual property for sale or otherwise, and to authorize others to do so. The FUNDING AGENCY also reserves a royalty -free nonexclusive, and irrevocable license to use, publish, or reproduce for sale or otherwise, and to authorize others to use, publish, or reproduce, for sale or otherwise (to the extent consistent with the rights of third parties) any intellectual property for which the PERFORMING PARTY obtains rights with funds received under this Contract. (d) In performing work under this agreement, the PERFORMING PARTY shall comply with all laws, rules, and regulations relating to intellectual property, and shall not infringe on any third - party's intellectual property rights. It shall hold the FUNDING AGENCY harmless for, and defend and indemnify the FUNDING AGENCY against, any claims for infringement related to its work under this Contract. (e) The PERFORMING PARTY shall include provisions adequate to effectuate the purposes of this article in all subcontracts under this Contract in the course of which intellectual property may be produced or acquired, ARTICLE 12. 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 B to this Contract and agreed to during negotiations or as are specifically approved by the Executive Director of the FUNDING AGENCY, or a person identified in writing under Article 13 during the performance of this Contract. Any substitution in such subcontractors, associates, or consultants shall be subject to the prior written approval of the Executive Director or a person identified in writing under Article 13. ARTICLE 13. AUTHORIZED REPRESENTATIVES (a) The Executive Director hereby identifies as the person authorized to give direction to the PERFORMING PARTY: Susan Kaderka, Manager Recycling and Waste Minimization Office of Pollution Prevention and Conservation Texas Natural Resource Conservation Commission P. O. Box 13087 Austin, Texas 78711 -3087 (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 FUNDING AGENCY employee who will act as the FUNDING AGENCY's authorized Field Representative. Written notice of any such delegation shall be provided to the PERFORMING PARTY. Contract Number 4100000016 Attachment D, Page No. 8 (c) The PERFORMING PARTY hereby identifies the person authorized to receive direction from the FUNDING AGENCY, to manage the work being performed, and to act on behalf of the PERFORMING PARTY: Kimberly J. Lutz City of Round Rock 221 East Main Street Round Rock, Texas 78664 (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 FUNDING AGENCY. Written notice of any such delegation shall be provided to the FUNDING AGENCY. ARTICLE 14. DATA AND PUBLICITY (a) All data and other information developed under this Contract shall be furnished to the FUNDING AGENCY and shall be public data and information except that it is exempted from public access by the Texas Open Records Act, Vernon's Tex. Civ. Stat. Ann. Art. 6252 -17a ( "Act "). Upon termination of this Contract, all data and information shall become the property of the FUNDING AGENCY. (b) Except as otherwise provided by this Contract, or by the Act, the PERFORMING PARTY shall not provide data generated or otherwise obtained in the performance of its responsibilities under this Contract to any party other than the State of Texas and its authorized agents. (c) The PERFORMING PARTY agrees to notify and obtain the verbal approval of the FUNDING AGENCY prior to 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). Contract Number 4100000016 Attachment D, Page No. 9 ARTICLE 17. ACKNOWLEDGEMENT OF FINANCIAL SUPPORT The PERFORMING PARTY shall acknowledge the financial support of the FUNDING 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 agency use by the PERFORMING PARTY or within the FUNDING AGENCY, shall carry the following notations on the front cover or title page: "PREPARED IN COOPERATION WITH THE TEXAS NATURAL RESOURCE CONSERVATION COM6IISSION" ARTICLE 18. FORCE MAJEURE (a) A force majeure event shall be defined to include decrees of or restraints by a governmental instrumentality, acts of God (except that rain, wind, flood or other natural phenomena normally expected for the locality shall not be construed as an act of God) , work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, rebellion, and sabotage. (b) Subject to the following conditions, and provided this Contract has not been terminated as provided by Article 3(i) of this Attachment, if a delay or failure of performance by either party results from the occurrence of a force majeure event, the delay shall be excused and the time fixed for completion of the work extended by a period equivalent to the time lost because of the event if, and to the extent that: (1) the delay or failure was beyond the control of the party affected and not due to its fault or negligence; and (2) the delay or failure was not extended because of the'affected party's failure to use all diligence to overcome the obstacle or to resume performance immediately after the obstacle was overcome. (c) No time extension shall be granted under this Article unless the party seeking relief has notified the other in writing within ten (10) calendar days of the time of commencement of the event, 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. The party seeking relief shall also give written notice of the ending of the event within ten (10) calendar days after the event has ended. (d) If the PERFORMING PARTY is the party seeking relief under this Article, the burden of proving a force majeure event has occurred remains with it, and no extension shall be granted unless the FUNDING AGENCY agrees the occurrence constitutes a force majeure event, which agreement may not be unreasonably withheld. (e) The FUNDING AGENCY shall be responsible only for costs incurred by Contract Number 4100000016 Attachment D, Page No. 10 the PERFORMING PARTY after the prior written request by the Executive Director, or his authorized representative, to incur such costs in connection with any force majeure event. Neither the FUNDING AGENCY nor the PERFORMING PARTY shall have, and both hereby waive, any claim whatever for any damages resulting from delays caused by force majeure events. (f) In no event shall this Article lessen or modify the FUNDING AGENCY's rights as set out elsewhere in this Contract. ARTICLE 19. UNIFORM GRANT AND CONTRACT MANAGEMENT ACT The provisions of the Uniform Grant and Contract Management Act, TEX GOV'T CODE ANN. §783.001 et seq (Vernon, 1992), apply to this Contract. Compliance with the conditions and requirements contained therein is necessary for the satisfactory performance of the services and work required under this Contract. ARTICLE 20. NOTICE Any notice or other written communication 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 specified in Article 13 of this Attachment (relating to Authorized Representatives). ARTICLE 21. ENTIRE CONTRACT This Contract (Including the document entitled "Interlocal Contract," and "Attachments A - D" thereto) represents the entire Contract between the contracting parties and supersedes any and all prior contracts between the parties, whether written or oral. ARTICLE 22. AMENDMENTS Any amendments, modifications or supplements to this Contract shall be in writing and shall be signed by both parties. ARTICLE 23. 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. Contract Number 4100000016 Attachment D, Page No. 11 ARTICLE 24. ORDER OF PREFERENCE Unless otherwise stated, a listing of factors, criteria or subjects in this Contract does not constitute an order of preference. ARTICLE 25. WAIVER Unless authorized in accordance with Article 4 of this Contract (Changes), or in writing by the Executive Director, no waiver of any obligation of the PERFORMING PARTY under this Contract shall bind the FUNDING AGENCY. Furthermore, unless specified in the written authorization, the authorized waiver by the Executive Director or any waiver by his Authorized Representative, of any such obligation shall not constitute a continuing waiver of the obligation or a waiver of the FUNDING AGENCIES. right subsequent to the written authorization to demand and receive performance in accordance with all provisions of this Contract. ARTICLE 26. 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. ARTICLE 27. ASSIGNABILITY This Contract is not transferable or otherwise assignable by the PERFORMING PARTY. Contract Number 4100000016 Attachment D, Page No. 12 10/22/92 c GRANT APPLICATION FORM Texas Water Commission Municipal Solid Waste Division P.O. Box 13087 Austin, Texas 78711 -3087 (512) S08 -6695 INSTRUCTIONS 1. Funding Agency Information a. This is the name of the agency to which the application is made, i.e. the "Texas Water Commission ". purpose of this application and any grants made, the , the Texas dater Commission is the "funding agency ". b. This is the name of the organizational unit of the funding agency which will receive and process the application, i:e_ the "Municipal Solid Waste Division ". c -f. This is the mailing address of the organizational unit of the funding agency to which the application is made, i.e. "P.O. Box 13087, Austin, Texas 787 11- 3087 ". g. This is the State agency identification number of the agency to which the application is made, i.e., for the Texas Water Commission, "582 ". h. Leave this blank. The application identification number will be assigned by the funding agency. i. This is the telephone number of the organizational unit of the funding agency to which the application is made. j. This is the telephone number of the facsimile machine for the organizational unit of the funding agency to which the application is made. k -n. Leave blank. This information will be completed by the funding agency. 2. Applicant /Recipient Information a. Enter the name of the agency or entity for which this application is being completed. b. Enter the name of the organizational unit or entity which is actually preparing this application, if it is a recognized subunit of the applicant agency or entity. Otherwise, leave this blank. c -f. Enter the mailing address for the applicant agency or entity. g. Circle the appropriate box to indicate the type of agency or entity for which this application is being prepared. If the "other" option is selected, enter a description of the type of entity making application. Select from among the following items: (1) State Agency (S) Educational Institution County ( Regional Planning Agency (3) City (7) Special District or (4) Other Autho__ty h. Enter the Federal Employer Identifica:`_on Number of the applicant agency or entity. i. Enter the telephone number for the facsimile machine of the applicant agency or entity. j. Enter the fourteen -digit State Texas V n .7.- Identification Number assigned by c..= Comptroi'•_ Public Accounts to the applicant a:•2 :: INSTRUCTIONS (Continued) k -1. Enter the name and telephone number of the chief administrative official of the applicant agency or entity. m -n. Enter the name and telephone number of the Finance Officer of the applicant agency or entity. (This may also be the chief administrative official.) o -p. Enter the name and telephone number of the Project Officer of the applicant agency or entity. The Project Officer is the individual who is assigned by the applicant to be the primary contact or person having primary responsibility for the grant project. 3. Grant /Project Information a. Enter the name or type of grant for which application is being made,i.e. "waste oil collection ", "recycling", etc. This will normally be secured from a formal proposal published by the funding agency. b. On lines (1) through (4), show the dollar value of the grant contribution being pledged or sought. If applicant match or contribution is "in kind ", then the value of the "in kind contribution" should be shown and /or included with any cash contribution. On line (5), total the dollar value of all contributed or requested amounts. c. List or describe the geographical area to be encompassed or impacted by the proposed grant project. If multiple counties are affected, then name the counties; if an entire planning region is affected, then name the planning region, etc. d. Check _e appropriate "yes" or no squares to indicate whether or not the proposed project is within an area subject to a regional or local solid waste management plan which is in effect and has been adopted by the appropriate regional or local planning agency and by the Texas Water Commission. e. Enter the estimate of population served or benefitting from the proposed grant project. f. Enter the month, day, and year at which time the grant project is expected to begin. Use two -digit symbols for each unit; example, "04/15/93 ". g. Enter the number of months proposed to be covered by the grant project funding in this application. Certification a -e. After any necessary authorization by the governing body or decision - making authority of the applicant agency or entity has been secured, the person authorized to act for the applicant agency or entity shall sign the certification statement. Enter the title of the person signing, the date the application was signed, and telephone number of the individual sic::inc. 1. Funding Agency Information a. State Agency /Funding Party Texas Water Comsission c. Street /P.O. Dox P.O. Box 13087 d. City e. State Austin, TX 78711 - 3087 2. Applicant /Recipient Information a. Applicant /Receiving Party City of Round Rock, Texas b. Applicant Organization Unit Public Works Department c. Street /P.O. Box 221 E. Main d. City e. State Round Rock, TX 78664 g. Type of Applicant /Recipient (1) State Agency (2) County C1) City (4) Other 3. Grant /Project Information a. Grant Type/ Title Waste Oil Collection 4. Certification TEXAS UATER COMMISSION - MUNICIPAL SOLID uASTE OIVISION - GRANT APPLICATICN FORM b. State Agency Crganization Unit Municipal Solid Waste Division f. Zip f. Zip (5) Educational Institution (61 Regional Planning Agency (Z) Special District or Authority b. Proposed Funding (1) Federal s —0— .00 (2) State s 104,028 .oD (3) Applicant s 2,080 .00 (.) Other S —0— .00 (5) TOTAL s 106,068 00 a. typed Name of Authorized Representative Kimberly J. c. Signature of Authorized Representative d. Date Signed Lutz 9. Agency I.D. h. Application I.D. Number Telephone (512) 908 -6695 j• 000 908 -6717 k. Date Received 1. Date Assigned m. Contact Person n. Telephone h. Federal Employer 1.0. 7 4 j. State of Texas Vendor 1.0. 1111111111 1111 k. Administrator Bob Bennett m. Finance Officer David Kautz 0. Project Officer Kim Lutz 5 d. Project subject to Adopted Plan 6 8 0 2 1 f. Proposed Project Start Date: g. Proposed Project Duration: (51- 218 -5559 7 c. Area of Project Impact City of Round Rock & ETJ e. Estimated Population 8enefitting: 4 8 5 1. Telephone 255 - 3612 n. Telephone 255 - 3612 p. Telephone 218 -5559 t. FAX 218 - 5563 (1) Regional: ,; Yes K No (2) Local: ❑ yes k No •F,nnn 07 / 01 / 93 24 Months To the best of my knowlecge and belief, alt data in this application are true ano correct. The document has been duly authorized by the governing body of the applicant and the applicant will comply :h the attached assurances and apolicablc laws and regulations if the assistance is awarded. Environmental_ se. rvices INSTRUCTIONS (Continued) 5. Fiscal Budget Information a. In columns (1) through (3), enter the dollar amount of salaries to be paid from each source of grant program funds. In column (4), enter the total dollar amount of all salaries to' be paid from grant program funds. b. In columns (1) through (3), enter the amount of the fringe benefits to be paid from each source of grant program funds.,. In column (4), enter the total fringe benefits to be paid from grant funds; include applicable FICA, health insurance, retirement, workmen's compensation, and unemployment compensation. c. In columns (1) through (3), enter the total dollar amount of all travel expenses to be paid from each source of grant program funds. In column (4), enter the total travel expenses to be paid from grant program funds. d. In columns (1) through (3), enter the total'dollar amount for purchase of supplies to be secured from each source of grant program funds. In column (4), enter the total dollar amount of all supplies to be purchased from grant program funds. Supplies are items that generally have a useful.life of less than one year and have a unit cost of less than $500. Items that do not qualify as "equipment" should be considered as "supplies ". In item 8. of this application, you are required to give supplementary information about the supplies you intend to purchase with grant funds. Note: Supplies to be used for eligible construction activities should be included in the "contractual" budget category (line 5. f.) if the construction is to be performed by a contractor, or in the "construction" budget category (line 5. g.) if the applicant's own crew is to perform the construction. e. In columns (1) through (3), enter the total dollar amount for purchase of equipment to be secured from each source of grant program funds. In column (4), enter the total dollar amount of all equipment to be paid from grant program funds. Equipment includes items which have a useful life of one year or more and have a unit cost of $5'00 or more. In item 9. of this application, you are required to give supplementary information about the equipment you intend to purchase with grant funds. f. If a contractor is to be used for all or part of the grant project, in columns (1) through (3), enter the total dollar amount of all payments expected to be made for contractual work from each source of grant program funds. In column (4), enter the total payments expected to be made to a contractor(s) from Grant program funds. (Supplementary information about contractors is requested in item 10.) Note: Equipment purchased by the applicant to be used for eligible construction activities should bca shown in the "construction" budget category (line 5 not in this "contractual" budget cat-scary. INSTRUCTIONS (Continued) g. Expenses for construction or for final design or working drawings are not eligible for reimbursement under some grants. Confirm the eligibility of construction expenses from applicable grant guidance or from the proper funding agency, grant coordinator, prior to including any construction or final design expenses in an application. For grant projects eligible to receive funding for construction, in columns (1) through (3), enter the total dollar amount of construction costs to be secured from each source of grant program funds. In column (4), enter the total dollar amount of all construction costs to be paid from grant program funds. Note: Any construction to be completed by a contractor should be included in the "contractual" budget category (line 5. f.), not in this "construction" budget category. Also, any supplies or equipment purchased for a construction project should be included in this "construction" budget category, not on lines 5. d. or 5. e. Note: h. The "Other" category pertains to items or expenses that are direct expenses which are not included in personnel, fringe benefits, travel, supplies, equipment, contractual, or construction, and which are not "indirect" expenses. Some examples include: printing costs, postage, telephone expenses, laboratory charges, equipment maintenance and repair, etc. In columns (1) through (3), enter the total dollar amount of all direct expenses not already included in a prior budget category which are to be paid from each source of grant program funds. In column (4), enter the total dollar value of all "other" direct expenses to be paid from grant program funds. Note: State grant funds must not be used for "entertainment" purposes, including but not limited to food and drink. This does not apply to normal per diem expenses incurred by staff while on approved travel. i. Total the budget categories on lines a. through h. for columns (1) through (4). j. Indirect charges include any overhead or management costs which are not included in the direct costs already totaled. These costs may include a portion of salaries and overhead for on -staff support personnel such as administration, general counsel, budget or fiscal management, internal audit, data processing, etc. The indirect cost rate utilized must be currently approved or have "provisional" approval by the Texas Water Commission. Otherwise, use the standard "Indirect Cost Computation Table" found in the "Uniform Grant and Contract Management Standards" manual published by the Governors Office of Budget and Planning. k Total lines i_ and j. for columns (1) through (4). Enter the fringe benefit rate, as a percent of salaries. INSTRUCTIONS (Continued) m. Check the appropriate square on lines m.(1) or m.(2), t indicate whether your indirect charge rate is a standard rate from the Indirect Cost Computation Table or is a special rate. If the applicant has a special rate, check the appropriate square on line m.(2)(a), m.(2)(b), or m.( to indicate whether the special rate is currently approved, is provisionally approved for the grant period, or whether a proposed rate is in the process of being considered for approval by the appropriate federal cognizant agency or by the Texas Water Commission. In any case, indicate what agency is involved in rate approval. If the applicant has a special rate, under line m.(2)(d), briefly describe how your rate is calculated, i.e. is it a percent of salaries, a percent of all direct charges, etc. If the applicant does not have a special rate, then leave all items blank below line m.(2). L S. Supplies Information (supplement to item 5.d.) The amount on the Fiscal Budget requested for supplies is: $ 19,903.00 For any supplies, that have a unit cost of at least $100 less than $500, describe the types and numbers of items intend to purchase with grant funds. but you Education Materials Estimated Numbers Posters /Flyers 70/56,000 Educational Videos 15 Pamphlets 10,000 Cable Television Ads /Saturation Package 4/1 NFL Ad /Target Channel Ads 1/4' Awards /Incentive Supplies 250/14,400 Signs /Logs /Decals 20/5/35 (. Fringe Benefit Rate percent m. Indirect Charge Rate (1) 0 Standard Rate (from Indirect Cost Computation Table) (2) 0 Special Rate percent (a) ❑ Currently Approved (b) () Provisional Approval (Fringe Benefit Rate as a percent of Personnel /Salaries) Approval AgecRy Approval Agency (c) 0 Approval Applied for Approval Agency (d) Briefly explain how the special rate is calculated. 5. Fiscal Budget Information Budget Categories Source of Funds (1) State Solid VaSte Grant Finds (21 Applicant In-Kind Contributions (3) All Other Funding Sources (C) iota( a. Personnel /Salaries S, —0— s 2,080.00 s —0— s —0— b. Fringe Benefits 0 — 0— c. Travel — 0 — — 0 — — 0 — — d. Supplies (less than 5500) 19,903.00 —0— - 0 — 19,903.00 c. Equipment (5500 and over) 39,875.00 — p — —0— 39,875.00 f. Contractual 44,250.00 —0— —0— 44,250.00 g. Construction —p— — p— -0— h. Other —0— —0— —0— - 0— i. Total Direct Charges (Stn, a thru h) s 104,028.00 S 2,080.00 S —0— S 104,028.00 J. Indirect Charges —0— k. TOTALS (Sum i and j) x104,028.00 s 2,080.00 s —0— s104,028.00 J (. Fringe Benefit Rate percent m. Indirect Charge Rate (1) 0 Standard Rate (from Indirect Cost Computation Table) (2) 0 Special Rate percent (a) ❑ Currently Approved (b) () Provisional Approval (Fringe Benefit Rate as a percent of Personnel /Salaries) Approval AgecRy Approval Agency (c) 0 Approval Applied for Approval Agency (d) Briefly explain how the special rate is calculated. INSTRUCTIONS (Continued) 6. Use lines a. through r. in the Position Title column to list each position proposed to be utilized for the grant project, even if some position titles are duplicated. For lines a. through r., complete columns (1) through (4) according to the following instructions: (1) Show each position's actual or proposed monthly salary. (2) Show the percent of time per month the individual filling the position is expected to work on the grant project. (3) Show the number of separate months the individual filling the position will be working on the grant project, regardless of whether the work is full -time. (4) Show the total 'salary cost expected to be charged to the grant program for each individual's work, for the total grant period. (5) Show the worker years or portion of a worker year each individual is expected to devote to the grant program for the grant period. Use the decimal equivalent of a year, i.e. if the individual will work three - fourths of a year on the grant project, then enter 0.75 in column (5). Assume that one work year is 2,080 hours based on a 40- hour week and 52 weeks per year; also assume that one month is the decimal equivalent of 0.08333 worker year. (FTE means "full -time equivalent ".) On line s., column (4), show the total salaries expected to be charged to the grant program for the total grant period, by calculating the sum of lines a. through r. in column (4). On line s., column (5), show the total worker years (full -time equivalents) expected to be devoted to the grant program for the grant period, by calculating the sum of lines a. through r. in column (5). c 1 (it) (1) Monthly Salary (2) Percent Time Per Month (3) Humber of Months in Project (c) Total a( Salary Contr,buted (5) Varker Years •Nk�rks s 5,028 0.02 24 s 201 (FTE's) fitpt. 2,490 0.16 24 797 0.0019 1,310 0.16 24 0.019 0.019 1,700 0.16 24 419 544 ent 1,980 0.06 1 119 0.019 0.0048 iaill not be used sonnel reimbursement. TOTAL S 2,080.00 0.0637 6. Personnel Gadget information b. Pos i do Director of Plthl i Environmental Sys 1 ri l f d. Fire Department Inspection Depart NOTE: Grant funds for City per (Duplicate this form if recess 7. Personnel Information (supplement to items 5.a. and 6.) Describe all staff of the applicant who will be working on the grant project. Utilize an organizatiols chart and brief job description for each position, and indicate whether each position is part time or full -time. Add pages as necessary, as attachments to this page. James R. Nuse, P.E. Director of Public Works Current job responsibilities include management of Engineering, Water and Wastewater Operations, Street and Drainage Operations, Building and Public Works Inspection, Equipment Maintenance Operations, and Environmental Services. Mr. Ruse will assist in the administration and supervision of the Waste Oil Recycling Program. Kimberly J. Lutz Environmental Services Superintendent Current job duties include the management of the Pretreatment Program and the Water /Wastewater Laboratory. Ms. Lutz will serve as the Project Officer for the Waste Oil Recycling Program. Previous background includes volunteer work with household hazardous waste collections and training in OSHA and hazard communication regulations. City of Round Rock Fire Department Fire department duties include fire prevention and protection and emergency response. Fire department personnel will serve as support for the monitoring of collection centers. Public Works Clerical Staff Clerical staff will assist the program manager in mailing correspondence, assembling billing inserts and various other office duties. Pubic Works Inspection Division The Inspection Division will oversee and inspect the construction and installation of the collection sites. City Judge Finance Director Data Processing Utility Billing Accounting /Reporting Purchasing City Secretory Elections Official Records Public Works Director Street Mtn. Water & Sewer Mtn. Vehicle Mtn. Engineering Building Inspection Environmental Services Water Treatment Wastewater Treatment CITY OF ROUND ROCK ORGANIZATIONAL CHART Planning Director PARD Director Citizens of Round Rock Mayor & Council City Manager Assistant City Manager Police Chief Library Director Parks Mtn. Library Operations Recreation Programs Extension Service Personnel Community Dev. Investigations Fire Protection Zoning Uniformed Services Fire Suppression Subdivisions Communications Inspection Municipal Court City Attorney J Fire Chief [9. Equipment Information (supplement to item 5.e.) The amount on the Fiscal Budget requested for equipment is: $ 34, R7C 0n _ Itemize, describe, and justify all equipment. Add pages as necessary, by , attachments to this page. When itemizing equipment, separate into the following categories as applicable: a. Computer Hardware b. Computer Software c. Furniture A. Computer Hardware Macintosh Powerbook 180 (8Mb /80Mb) Apple Personal Laser NTR d. Vehicles e. Other $ 4,250.00 $ 1,700.00 B. Computer Software (MAC) - Desktop Publishing Microsoft Excel (spreadsheet) $ 300.00 Microsoft Work (word processing) $ 300.00 Claris MacDraw Pro (drawing program) $ 300.00 Aldus Pagemaker (desktop publishing) $ 600.00 E. Equipment (Other): Collection Equipment - Kosmos Recycling Igloo (360 gal) quantity of 5 at $ 2,695.00 $ 13,475.00 Oberg, Model P, Oil Filter Press (200L) quantity of 5 at $ 3,690.00 $ 18,450.00 Lidded Drums for filter collection $ 500.00 Total Estimated: $ 39,875.00. I 10. Contractor Information (supplement to item 5.f.) If all or part of the proposed project is to be performed by a contractor, describe the function and purpose of the contractor, how the contractor was or - will be selected, and how the contractor will be reimbursed. Add pages as necessary, as attachments to this page. Contractors will provide the following services. Site Installation /Preparation $950.00 /site (5) Oil Filter Disposal $75.00 /drum (20) Hazardous Waste Disposal $1000.00 /load (5) Legal Consultation Program Manager $12.50 /hr TOTAL $ 4,750.00 $ 1,500.00 $ 5,000.00 $ 500.00 $32,500.00 $44,250.00 Please refer to Section (V) of the Proposed Work Program for a narrative description of these services. [11. Map /Location Information Attach a map of the project area. 1 12. Resolution and Assurances Attach a copy of a signed resolution adopted by the governing body of the applicant (agency), certifying the following: a. That the applicant will comply with the provisions of the financial assistance program and the fiscal reimbursement and reporting requirements of the Texas Water Commission and the State of Texas; b. That the funds will be used only for the purposes for which they are provided; and c. That the proposed project is in compliance with and supports any adopted regional or local solid waste management plan applicable to the geographical area covered by the project. ,(Attach a resolution or letter of confirmation from the appropriate regional planning agency.) 1 13. Work Program Attach a complete proposed work program which includes the purpose, goals, scope and objectives of the proposed project, and which describes how the project will be completed. Divide the project into logical phases or tasks, and with your work program, include a "time- line" chart which depicts time frames and estimated completion dates for each project phase or task. -1- t eal .- _ -, !7 t, 'S: ■\ C , , � ' �/, 1)'-‘,=-:‘,1\- I 1 e., 7 t . . " \ A 1 � ' . t „, " : , Mr. Ir i . II a a ,r �� t 1 In 4 IX:CN 4 ` rr@ —i' ° t. e F� . a DI, � .'1 a\ °7 , _ \ 44 . ' 1. ie L " 5{ '� , �Sp'../`j +.,�� 1 LL, 11 .'�„SJ_ a 1 �� , © 1 VNIV . �r o,;i TA wT'1 r + � k • .iYfi! .,1? H �e °_ o �� Q g as � � �Y Korn = , . - ,,r. c ` � a � .na n o,.. c � � %i Z ° r l Deno. • 4 � � ii . . I I1 m� f� a, � P s . ' a ',. 11 Q B it 4,-.„, u rc.°n C �; t.ti..•.;:'•; � ,v M'"a,s.�, i4^��j' 'rod; •; , .. _ n. L - -_ - a • iI I 11 i 1� .e " £ -q p 11v Z ° 0'7z:— I w r, „,,„ r l e C " i7 , 14' �ir 11 _ ` '' , ° �� , o raw �/ r,...' � ,wa _�\ I- .,«e ., e • I A s , !l . g \ �- —__ a , ( .... V _ - 4 -- ^‘ \ krcrt red t l w cWrce %'� "• ; i _ J �� 9 � 4 T y�ma L . 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A ' _ ` ; , � , WHEREAS, the Texas Water Commission ( "TWC ") has grant funds available for cities to establish an oil recycling program, and - WHEREAS, City Council wishes to apply for a waste oil grant, and WHEREAS, if the City receives said grant, it will comply with the provisions of the financial assistance program and the fiscal reimbursement and reporting requirements of the TWC and the State of Texas, and WHEREAS, any funds received from the TWC and the State of Texas as part of the grant will be used only for the purposes for which they are provided, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the City Manager is hereby authorized and directed to make an application for a waste oil grant from the TWC. RESOLVED this 27th day of May, 1993. ATTEST: KS/R505273F NE LAND, City Secretary RESOLUTION NO. /e - /3 — 7 CHARLES CULPEP E•, ayor City of Round Rock, Texas PROPOSED PROGRAM TO COLLECT AND RECYCLE USED AUTOMOTIVE OIL AND FILTERS I. Proposed Work Program The program will provide the public and municipal maintenance personnel with environmentally safe, easily accessible, and centrally located stations for used oil recycling. Most of the program area population is over the Edwards Aquifer and all is in the buffer zone. One of the goals of this program is to protect the Edwards Aquifer and surface waters from waste oil contamination. An awareness campaign showing the need and benefits of properly handling waste oil will be incorporated into the City's overall recycling and resource protection program. Public participation will be encouraged through newspaper articles, public service announcements on cable and local televisions stations, posters and promotional activities setup at the recycling sites and point of DIY oil sale locations. Promotional activities will include "kick -off" week materials and activities as well as long term reward incentives for program participation. The Round Rock Environmental logo, already in use with other City activities, will be incorporated into the waste oil recycling program. Of all DIY oil currently sold within the program area, only about 10% is currently being recycled. The program should double to triple the quantity of DIY oil being recycled in the first year and a steady increase is expected as the overall recycling campaign evolves. II. Collection Centers The five (5) proposed collection sites will incorporate user friendly, double contained collection equipment. Proposed sites selected will include two (2) publicly operated sites, which are currently available for DIY collection and three (3) area fire stations. This will allow personnel already stationed at the site to provide a degree of control and maintenance of the centers at a minimal additional cost. The facilities will be open for limited operating hours and will provide information regarding procedures, goals, and incentive programs connected with the program. A sign -in log will be incorporated into the information /instruct- ional signs and an incentive award program will be linked to proper completion of log entries. The Round Rock Environmental logo (see attached sketch) will be prominently displayed on all equipment and signs. The area will be designed to control, prevent and contain any spillage. A contract will be negotiated between a waste oil hauler and the City to recycle the oil and collect the filters. A 55 gallon drum will hold approximately 400 crushed filters and will cost between $50.00 and $75.00 per drum to be collected. H & H Waste Oil and Industrial Lube Specialties are waste oil recyclers currently serving the Round Rock area. They do not currently charge a fee for the collection of used oil or for brokeraging recycling of "non- spec" oil, which has failed RCRA required disposal analysis. Waste oil that becomes contaminated with hazardous waste will be picked up by a hazardous waste contractor. III. Personnel Day -to -day management of the waste oil collection program will be the responsibility of the program manager. The city will contract for a program manager at three - quarter time the first year of the program and half -time for the second year. The program manager will be responsible for overseeing the installation of the collection equipment, developing a written standard operating procedure for the program including management of the collection sites and recordkeeping, and inspecting the collection sites. In addition, the program manager will be responsible for ensuring that the collection sites are properly operated and arranging for the transport of the waste oil and used filters. The program manager will also develop publicity and educational materials such as flyers, posters, signs, and incentive programs, as well as making public presentations. City staff that will work with the waste oil collection program include the Director of Public Works and Environmental Services Division staff, fire department personnel, city inspection officers, and clerical staff (see city organizational chart). The city attorney, under contract with the city, will provide support from time to time on legal issues. IV. Equipment The program manager will track the day -to -day as well as overall progress of the program with the aid of a computerized data management system. This system will also be used to design publication materials such flyers, posters, incentive programs, and signs. The Kosmos Recycling Igloo (see diagram) incorporates a 360 gallon primary polyethylene oil reservoir and a polyethylene secondary containment barrier. The igloo also includes a level gauge, water- proof locking lid and a temperature activated fire extinguisher. The Oberg filter press (see diagram) will empty crushed filters directly into a 55 gallon drum and any excess oil squeezed from the filters will be plumbed to go directly into the kosmos used oil container. This crusher is designed to prevent improper use and will be modified to lock out operation during off hours and prevent tampering with the collection barrel. The computer system will be based on a small, but efficient Macintosh laptop computer so that the program manager can carry it from site -to -site if needed for direct entry of data or notes. The computer will be powerful enough to run the software needed for the waste oil program: minimum requirements are 8 Mb of RAM, 80 Mb internal hard disk, and one 3.25 -inch internal floppy drive. A small laser printer will complete the hardware needed for this program. For software, the program manager will require a spreadsheet application, (Microsoft Excel), word processing software (Microsoft Word), a drawing program (Claris MacDraw Pro), and a desktop publishing program (Aldus Pagemaker). The spreadsheet application will be used to record the participation at the different locations, budget items, loads of waste oil and filters picked up by contractors, effectiveness of incentive programs, and so on. Word processing software will be used for correspondence, reports, and simple desktop publishing of education materials such as flyers and incentive registration slips. A drawing program will also be used to prepare educational flyers, posters, and signs placed at the collection centers that require graphics. The desktop publishing program will be used to generate production ready materials such as flyers, posters and pamphlets. V. Contractors The program manager, as described in the Personnel Section, will be contracted by the City. The City will also contract for installation of the equipment and signs at the collection sites and transport of waste oil and used filters. In the event that any of the waste oil is accidentally contaminated with solvents, thinners, or other prohibited materials, the city will also contract for the transport and disposal of contaminated used oil. VI. Public Awareness Campaign The City will use its existing public information network by placing materials on the local waste oil program and those from the regional LCRA and the U.S. EPA in the Round Rock Public Library. Public information materials generated for the local program will be distributed via the Public Library, the Public Works Department and the Chamber of Commerce with posters and flyers distributed as appropriate to local retail oil sales outlets. The Round Rock High School Environmental Club will assist with developing broadcasts, contests and distribution of educational materials. Specific campaign materials will be as follows: 1. The Round Rock Environmental Logo: The logo, which was already developed through a contest sponsored by the Round Rock Public Library and the high school's environmental club, will be modified to incorporate an oil recycling symbol. The modified emblem will be used to increase name identification for the campaign and to link the oil recycling to other recycling efforts. Emblem decals will be placed on all oil collection equipment, displayed at collection sites and placed on promotional and educational literature. 2. Waste Oil Fair: The campaign will begin in the fall with a half -day Waste Oil Fair held on a Saturday. The Fair will be publicized through the local newspaper and a water bill insert mailed to all households and business customers of the Round Rock Water and Wastewater Department. The fair will feature informational displays and demonstrations designed to show proper oil collection and deposit technique. Attendance will be promoted through a kick -off one -day give- away of promotional items such as funnels and decals to participants attending the demonstrations or depositing waste oil for recycling. 3. Telephone information: The Public Works Department will maintain information regarding the operation of all sites including hours, locations and procedures. Similar information will be given to the Public Library Reference Department- - making the information available during night and weekend periods. The information will be updated by project staff as the campaign progresses. 4. Media: A main function of the project - funded staff will be to develop the necessary procedures, press releases, newspaper articles, radio and TV public service announcements, paid media advertising copy, and serve as the media coordinator. The plan includes a local paid advertising campaign during selected months in order to guarantee placement during hours of high potential viewership by the target population. Efforts will be made to acquire donated advertising assistance. 5. Education: The project staff will make instructional presentations to the general public, service organizations and clubs about the program operation and the environmental hazards of oil. At least one locally- targeted informational brochure will be produced for mass distribution. An exhibit will be prepared and displayed in the Round Rock Public Library and would then be available for loan /display at other sites. 6. Printed materials and signs: Posters, signs, instruction brochures and incentive award information carrying the logo will be available at collection sites, public buildings and oil sales businesses. 7. Incentives Program: a. Initial give -away during the Waste Oil Fair of promotional items appropriate for recycling use by the public and marked with the logo. b. Monthly drawing for a $25 prize awarded to a participant who correctly completed the oil deposit collections log. •c. Semi- annual award certificate for the site with the highest number of individuals participating. d. Annual award certificate to the site where the most spec oil was collected. Contract Project Manage Order and Procure Equipmen Production of Public Awareness Materia Site Installatio Kickoff Campaign Television /Public Information Analyze Program Effectiveness Proposed Project Schedule For City of Round Rock DIY Oil Collection Program 1993 Activity: Jul Aug Sep Oct 1994 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Se 1995 Oct Ma Jul ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ , ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ ♦ Contract Project Manage Order and Procure Equipmen Production of Public Awareness Materia Site Installatio Kickoff Campaign Television /Public Information Analyze Program Effectiveness Proposed Project Schedule For City of Round Rock DIY Oil Collection Program 1993 Activity: Jul Aug Sep Oct 1994 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Se 1995 Oct Ma Jul Round Rock Environmental Logo • SINK AREA DETAIL GAUGE TRIM RING - • SPLASH GUARD TRIM O I L KCCuvE RV Ie.LUU DIAGHA MS - PAGE ONE GAS SPRING CYLINDER BRACKET DEPOSIT SIN• ODOR HINGES GAS SPRING CYLINDER • TRIM PLATE INS TRUCTIO NAL DECAL ORAIN ,CFC_e1 LOCK PITTING • nee mrekt us comma! mmopernu.r..sncscs=Am AL • 01,00.1101 d laoeos •ACTOnc n¢• cer,a A rrornr ner ants N NDM01 1051.O5 rfl0fl G leraC6 DEMO A%EC11 Dons. wQSAVCC usual, NOeSS or MMIVRACTUncc A•/Or SAS . rossmot1 or noe wavards Does Nor cower Mn moats.. ro errwueq rorrdr wa n ACI10£ c.. ,,m, 0•L• TV "'mwc l'nOMt1 neuml. TIAr1 rtlD.GS1oN 5/200 nv ti• r••••,* r 16x I /2 :X RR • IAGE SOLT OIL RECOVERY IGLOO DIAGRAMS - PACE TWO (IGLOO SHOWN ON TYPICAL SITE ARRANGEMENT) DETAIL A PLAN VIEW OF •CROSSBAR ASSY. • CONNECTING PLATE AT ENDS OF CROSSBARS DETAIL A HEX NUT •AND FLAT WASHER OVER FLOW PREVENTION MECHANISM• PERIMETER OF IGLOO CROSSBAR ASSEMBLY INNER HOLDING TANK 360 GAL, 39 S7Vq PUSH BOTTON LOCK CONTAINMENT TANK 240.GAL CAPACITY 2(X X 593/4 ' DEPOSIT SINK DOOR DEPOSIT SINK AND DRAIN OIL LEVEL GAUGE ITT LIFTING HOOK (FOR MOVING IGLOO -ONLY WHEN EMPTY) 2 -3 GRAVEL SITE DETAIL HEAT ACTIVATED FIRE EXTINGUISHER 8 -6X B' -S SOUARE PLASTIC LINER IS PLACED ON GROUND AND STAPLED ON THE INSIDE 'OF THE RAILROAD TIE PLASTIC LINER REAR ACCESS DOOR DOOR KEEPERS W/ LOCKS DOOR HANDLE COUPLING AND PVC ASSEMBLY FOR VACUUM DOOR CLIPS fi XSXB -O RAILROAD TIE '�Ill��ill III NTnrP TSOSD MATLAIALt CONTAIN CONFIDINTU.L TAADI Mtn AND NAPO OAL DAOnUTON OT COSMO% AKIQUC. TNAT D171C1 A IAOPIUSTAAY MTKI2 N MOOT A)4101 AGCYOAC AtlADIS U.S. AHD AALCN NOM. NCl/DM =LLCM NCHTS OA TWA/PACT/MC AND /OA SAIL TC<SEZON OP THIS) HATENALS COLS NOT CONVEY met NA.OSSCN TO AtIFODLC . ANLAS! LOA IUDLCATION OA TNNNACIVK 714 AATICLL SNOMI TTIWOI, SUCH INTCSSIM TO DE CAANTID ONLY TO AUWOAOATION N WNTD•C SIONYD AT AN ONICCA OP =.10S AtNTCINC. j r ti `•1 11 I 1 I I I I I a I I -Lockout Feature of Oberg Filter Press -4-- OBERG OIL FILTER PRESS MODEL P -200 OPERATING INSTRUCTIONS — WARNING— THE FOLLOWING INSTRUCTIONS MUST BE READ BY ANY PERSON WHO WILL BE OPERATING THE OBERG FILTER PRESS. CONTROL FUNCTIONS YOUR OBERG OIL FILTER PRESS HAS BEEN DESIGNED FOR VERY EASY OPERATION. . EACH MACHINE HAS BEEN FULLY CHECKED AND PRE - TESTED BEFORE SHIPPING,' A:QUALITY CONTROL SHEET IS ENCLOSED WITH EACH MACHINE: PLEASE KEEP FOR FUTURE REFERENCE. START ROCKER = 'SWITCH PROVIDES FUNCTION FOR BOTH START AND STOP OPERATIONS. PRESSING START ACTIVATES THE CRUSHING • CYCLE WHEN THE START BUTTON IS PRESSED, THE MACHINE 'WILL CYCLE AND AUTOMATICALLY SHUT OFF. STOP • - = STOP - SWITCH PROVIDES EMERG ol. • ■ - EE THIS SWITCH • C NBEACTIVATED AT A 1 • Iv DURING OPERATING CYCLE. TO RESTART MACHINE, PRESS START SWITCH. — CAUTION NOTE: . 'FOR- ADDED SAFETY, THE OBERG FILTER PRESS WILL NOT :OPERATE WHEN THE DOOR IS OPEN. CLOSE DOOR AND .LATCH BEFORE PRESSING START BUTTON. TO:PREVENT SPTLAGE, PERIODICALLY CHECK YOUR STORAGE DRUMS (NOT INCLUDEb)•:=;lMAKE SURE YOUR MACHINE IS LEVEL AT ALL TIMES. * "" CLEANING *`* KEEP YOUR.MACHINE CLEAN AND FREE FROM OBSTRUCTIONS. TO ASSIST IN CLEANING, THELOWER CRUSHING PLATE (WHERE FILTER IS POSITIONED FOR PRESSING) IS • REMOVABLE. TO REMOVE, LIFT PLATE AND CLEAN OIL DRAIN. IMPORTANT...RE- INSTALL CRUSHING PLATE BEFORE OPERATION OR SEVERE DAMAGE TO MACHINE WILL OCCUR. KEEP MACHINE CLEAN AND IN GOOD, SAFE OPERATING CONDITION. -3- USED -OIL COLLECTION PROGRAM SUPPLEMENTAL PROGRAM SUMMARY SHEET (Attach to the back of completed grant application form) Area to be served by proposed collection facility or activity? 34 (square miles) Population in area to be served by proposed facility or activity? 36,000 plus Number of licensed motor vehicles in area to be served by the 30,000 approximately proposed facility or activity? Estimated number of unlicensed vehicles in area to be served by the 90 proposed facility or activity (tractors, off-road vehicles, etc.)? Number of Do-It- Yourself (DIY) used -oil collection centers " 22 approximately currently in operation within the proposed service area? Number which are privately owned/operated? 20 (service stations, auto repair) Number which are publicly owned/operated? 2 (ISD Bus Barn, Public Works) Quantity of DIY used -oil collected by such centers (if known)? 820 gal/mon approximately 5,040 gallons/month DIY oil is sold per month in Round Rock Number of DIY curbside used -oil collection services currently in operation within the proposed service area? Quantity of DIY used-oil collected through curbside pickup service? 0 Furthest distance (in miles) that citizens in the proposed service 4 I/2 (miles) area must currently travel to drop off DIY used -oil?