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RES 2002-1146 - Grant funds for household hazardous waste facility oMAHs 744'� RECEIVED Public Works Department ~� r a Omaha/Douglas Civic Center �'►itg *4 26 Pr 16. 149 ' _ � 1� 1819 Farnam Street,Suite 601 o . `. May 7, 2002 Omaha,Nebraska 68183-0601 o •g PA�4 ry' (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 P:\PW2\6963pjm.doc • 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 ) 1 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. P:\PW2\6964pjm.doc APPROVED AS TO FORM: ITY ATTORNEY DATE By , \ .. filcLlijilmem. • Adopted -NAY - Z +2 'O __,�I�t_,.i�k�P7r Clerk • Cty O2_ Approved.... ......... ... . . o 2. rn o Q.. S o • CD �. *cs. t< p btu = -d o O Z 3 N n O O n ~. \ r, ,..„ -\-o ° o E. cv O tz n n a ' ' P co phi O ' = `t . cn 1-*, AD CD ---- , \-) -••Nt 1• • e- f