RES 2002-1146 - Grant funds for household hazardous waste facility oMAHs 744'� RECEIVED
Public Works Department
~� r a Omaha/Douglas Civic Center
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o . `. May 7, 2002 Omaha,Nebraska 68183-0601
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(402)444-5220
47.ED FEB10, CITY CLERK Telefax(402)444-5248
City of Omaha MA AMA. N E B R A S`'t b Norm Jackman,P.E.
Mike Fahey,Mayor Acting Public Works Director
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution approving the acceptance of a grant from the Nebraska
Environmental Trust Fund for$500,000.00.
On August 21st, 2001, Ordinance No. 35687 was adopted. It concerned an Interlocal Agreement
among the City of Omaha, Douglas County, and Sarpy County to construct and operate a
household hazardous waste facility at 120th & "I" Streets in Omaha. This grant is to be used for
this project.
The Public Works Department requests your consideration and approval of the attached
Resolution.
Respectfully submitted, Referred to City Cou cil for Consideration:
No ackman, P.E. /09 Date Mayor's Of ce/Titl Date
Acting Public Works Director
Approved as to Funding:
Stanley417,
P. T'
n / Date
Finance Director
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NEBRASKA ENVIRONMENTAL TRUST FUND
2002 GRANT CONTRACT
A. PARTIES TO THE CONTRACT
This contract is entered into by and between the Nebraska Environmental Trust Fund (the Trust) and City of
Omaha-Environmental Quality Control Division. Robert Sink is designated as the project representative of the
Sponsor(s) for the purposes of this contract.
B. PRIMARY CONSIDERATIONS OF THE CONTRACT
The Sponsor submitted an application, #02-143 Regional Household Hazardous Waste Collection Facility to
the Trust for a grant on or before September 10, 2001. On April 3, 2002, following evaluation of the application and
any attachments, the Trust Board approved a grant in the amount of up to$500,000 to be awarded as provided by
this contract consistent with the Environmental Trust Fund Act of 1992 and subsequent provisions, rules and
regulations and pending available funds. The project application and ail associated documents are by reference made
part of this contract. By entering into this contract, the Sponsor(s) commit to the implementation of the project as
described in the application, and subsequent correspondence, documentation and amendments.
At the request of the Trust, a new budget outline was prepared by the Sponsor after February 13, 2002. This
outline replaces any previous project budget information submitted and is by reference made part of this grant
contract.
C. TERM OF THE FUNDING PERIOD AND CONTRACTUAL OBLIGATIONS
The project funding period shall begin with the last date this contract is signed and shall terminate on
June 30, 2004. Funds not expended within this period shall be immediately forfeited by the Sponsor without action
by the Trust. The terms and conditions of this contract shall remain in effect for the useful life of the project and its
components, except as otherwise provided.
D. REPORTING OBLIGATIONS OF THE SPONSOR
1. Financial Reports and request for disbursement.
The Sponsor hereby agrees to submit properly documented statements of costs for which grant funds are
sought, pursuant to the terms of this contract, for approved grant activities on a form which will be supplied by the
Trust. Proper documentation shall be considered to be original invoices containing the name, address and social
security number or federal tax identification number of the vendor and an itemized list of services or goods with costs
and the date of service or delivery. These statements and reports shall be signed by the project representative of the
Sponsor(s).
The Trust will reimburse the Sponsor for these costs following receipt of the statements and reports specified
in this section, subject to conditions contained in this section, Section E and elsewhere in this contract.
The Sponsor agrees to file such statements and reports according to the following schedule:
Project Period Report Due Date
From inception through June 30, 2002 July 31, 2002
From July 1 through September 30, 2002 October 31, 2002
From October 1 through December 31, 2002 January 31, 2003
From January 1, 2003 through March 31, 2003 April 30, 2003
From April 1 through June 30, 2003 July 31, 2003
From July 1 through September 30, 2003 October 31, 2003
From October 1 through December 31, 2003 January 31, 2004
From January 1, 2004 through March 31, 2004 April 30, 2004
From April 1 through June 30, 2004 July 31, 2004
2. Project progress and activity reports.
The Sponsor agrees to provide periodic reports including a narrative description of all project activities,
participants, outcomes, variances and deviations from the project application according to the above schedule.
Grant Contract-2002.doc Page 1 of 4
A final report is also due 30 days after the termination of the contract. This report must include a summary
of the activities, partners, and results of the project from start to finish and include all in-kind and matching
contributions. This final report must also include quantifying results and statistics about the project's success. The
report should include results such as volumes recycled, acres planted, acres restored, linear feet of bank restored, etc.
E. CONDITIONS GOVERNING TRANSFER OF FUNDS
The Trust will transfer the funds specified in this contract to the Sponsor following receipt and audit of
required documentation as specified in Section D. The Trust may, at its discretion, reduce the amount of any transfer
or withhold payment pending resolution of any dispute regarding any expenditure, activity or statement submitted by
the Sponsor.
All funds disbursed to the Sponsor pursuant to this contract shall be disbursed solely for costs necessarily
incurred in the execution of the project as described in the application and associated documents, including any
amendments thereto which are approved by the Trust.
Any and all interest earned by the grant funds after transfer to the Sponsor are considered a part of the grant
and are subject to all requirements and conditions of the grant. Such interest is to be reported on the first report filed
by the Sponsor as required in Section D of this contract after such interest is accounted to the Sponsor.
Costs paid, accrued or authorized by the Sponsor prior to the effective date of this contract shall be incurred
at the risk of the Sponsor and the Sponsor shall not be entitled to reimbursement without specific Trust approval.
The Trust may suspend financial assistance provided under this contract pending corrective action required of
the Sponsor by the Trust or pending a decision to terminate the grant by the Trust as described in Section H of this
agreement or under any provisions of Nebraska law.
F. PROJECT MODIFICATION
The Sponsor will promptly report all proposed additions, deletions or modifications of any component of the
project, or any changes in the purpose or purposes of the project by submitting to the Trust in writing a request to
amend the agreement. The Trust will not be liable for funding any portion of such additions, deletions or
modifications until and unless it has affirmed in writing to the Sponsor approval of the amendments proposed.
G. PUBLIC NOTICE OF GRANT AWARD
The Sponsor agrees to provide prominent display of the Trust logo and text acknowledging the use of the
grant at any project site impacted by the grant, on major pieces of equipment purchased with grant funds, and in
publications referencing the funded project. Language provided by the Trust shall be included in all media releases
and other publicity pieces developed by the Sponsor about the funded project.
To the extent requested by the Trust, and its agents, to include the Nebraska Lottery, the Sponsor agrees to:
1) the use of the Sponsor's name, project name and description; 2) documentation of project development activities
and successes for use in broadcasts, publications and advertisements; 3) placement of signs provided by the Trust
and the Nebraska Lottery on the project location or otherwise displaying acknowledgment that said project is funded,
or partially funded, by the Nebraska Lottery; and 4) coordination with the Trust and the Nebraska Lottery in various
events, including announcement of the grant, presentation of signs and displays, and.similar events.
H. OTHER OBLIGATIONS OF THE SPONSOR
The Sponsor shall acquire, obtain or receive all state and federal licenses and/or permits required by law prior
to initiation of the project. It is the responsibility of the Sponsor to discover and comply with all state, local and
federal rules, regulations or laws that pertain to the implementation and completion of the project. The Sponsor shall
include copies of all such licenses/permits to the Trust with the activity reports submitted to the Trust office.
The Sponsor agrees to promptly submit to all requests for site inspections by any state or federal official
acting in the course of his/her duties. The Sponsor agrees to make available all financial records and documents as
necessary on request of the Trust or its agents. Financial records, supporting documents and all other records
pertinent to this grant shall be retained for a period of three years following notification from the Trust Board that the
grant has been officially closed, except the records shall be retained beyond the three-year period if audit findings
have not been resolved.
Grant Contract-2002.doc Page 2 of 4
The Sponsor will not sell, lease, transfer, exchange, mortgage or encumber in any manner whatsoever all or
any portion of any real or other property acquired in whole, or in part, by Trust funds without the prior permission of
the Trust. The Sponsor shall notify the Trust of any proposed sale, lease, transfer, exchange, mortgage or
encumbrance at least thirty days in advance and obtain approval. In the event that the Trust does not agree to the
sale, lease, transfer, exchange, mortgage or encumbrance of said property, the Sponsor may repay the value of the
grant to the Trust and is released from all further obligations. The Sponsor will notify the Trust when any equipment
purchased in whole or in part with grant funds is no longer usable during the service life of the equipment.
I. TERMINATION OF THE CONTRACT PRIOR TO EXPIRATION DATE
The Sponsor understands and agrees that failure to comply with any of the terms of this contract may result
in the revocation or cancellation of Trust approval and funding and/or a demand for repayment of any funds
previously paid to the Sponsor by the Trust.
The Trust may terminate the project, in whole or in part, at any time before the expiration date of this
contract whenever the Trust determines that the Sponsor has failed to comply with the conditions of the grant. The
Executive Director of the Trust will promptly notify the Sponsor in writing of the determination and the reasons for the
termination, together with the effective date.
By mutual agreement, the project may be terminated, modified or amended. When both parties agree to
terminate the grant, in whole or in part, the parties will agree upon the termination conditions, including the effective
date, and in the case of a partial termination, the portion to be terminated. The Sponsor shall not incur new
obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as
possible.
J. LIABILITY
The Sponsor agrees to hold and save the State of Nebraska, the Environmental Trust Board, and their
officers, agents and employees free and harmless from any and all claims, demands, damages, losses, costs, expenses
or liability due to, or incidental to, either in whole or in part, and whether directly or indirectly, the design,
construction, operations, repairs, maintenance, implementation, assistance or failure of the project, or any of its works
or facilities.
K. ADDITIONAL TERMS AND CONDITIONS
Trust payments to the Sponsor, or recoveries by the State of Nebraska, under projects terminated for cause
shall be in accord with the legal rights and liabilities of the parties.
HISTORIC PRESERVATION:
The Sponsor agrees to undertake at its own expense any action which may be required to determine the
presence of cultural resources and to undertake any subsequent measures which may be required to ensure the
preservation of such resources which may be discovered. The Sponsor agrees to comply with the provisions of
Section 106 of the National Historic Preservation Act of 1966, as amended, where historic structures are determined
to exist on any site where Trust Funds are expended.
THREATENED&ENDANGERED SPECIES:
The Sponsor agrees to undertake at its own expense any action which may be required to ensure compliance
with the Non-game and Endangered Species Act, Neb. Rev. Stat. Sections 37-430 et.seq.
OPERATIONS:
All operation, replacement and maintenance of the project shall be carried out and applied in such a manner
so as to accomplish the purposes of the project as set forth in the Sponsor's application and associated materials,
including any amendments thereto which have been approved by the Trust, for the useful life of the project.
ENGINEERING:
The Sponsor will provide for and maintain competent and adequate architectural and engineering
supervision and inspection at the construction site as appropriate to ensure that the completed work conforms
substantially in accordance with the proposed plans and specifications, according to accepted standards and practices.
EQUIPMENT:
The Sponsor will report to the Trust all equipment purchased with full or partial funding on a form to be
provided by the Trust. The Sponsor will identify such equipment as purchased with Trust funding in the Sponsor's
inventory for the useful life of the equipment.
Grant Contract-2002.doc Page 3 of 4
The Sponsor will obtain at least two (2) bids for any equipment purchased costing$1,000.00 or more, for
which more than one vendor is available. The Sponsor will provide the names of bidders to the Trust at the time a
request for reimbursement is submitted. Such bids shall be held in the Sponsor's files for three (3) years.
The Sponsor is a self-insured entity. The Trust will not require further proof of insurance on any equipment
purchased in whole or in part with Trust funds.
Nebraska law shall govern the interpretation and enforcement of this contract.
NEBRASKA ENVIRONMENTAL TRUST FUND SPONSOR
Paul L. Dunn, Chair
Date: pri a 6 2_ f1�'��d•�
Title:
By: Date: �/7/d2---
Mary A. ar ng Executive Director
Date: .20o 2
Federal Tax Identification Number
-OR-
Social Security Number of Individual
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t
City Clork
APPROVED A TO FORM:
„gee:=7
DEPUTY CITY ATTORNEY
Grant Contract-2002.doc Page 4 of 4
C-25A
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on August 21st, 2001, Ordinance No. 35687 was adopted by the
Omaha City Council; and,
WHEREAS, Ordinance No. 35687 was an Interlocal Agreement among the City,
Douglas County, and Sarpy County to construct and operate a household hazardous waste
facility at 120th& "P' Streets in Omaha; and,
WHEREAS, the Nebraska Environmental Trust Fund is willing to grant
$500,000.00 towards this project; and,
WHEREAS, the Public Works Department requests that the City Council accept
the grant on behalf of the City of Omaha.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the City agrees ;to accept the attached grant from the Nebraska
Environmental Trust Fund in the amount of $500,000.00 to fund a household hazardous waste
facility at 120th & "I" Streets in Omaha.
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