Res 2706 1/16/1981r
N . 4,4W
ltl•;;,r)I,1T1'ION Al J'11oV1t\IC; AN!) C'IT'Y `l'\'1:\(,1'(' 'I'c) 1 ''"I;('1'ri
A (YrNTltACr WITH 'll';XAS A F;. M RESEARCH l))1 NT)A'I'ION It)R A
T)'dl'TNUTNC AND (IT TPREI TENS IV1? i';NESRGY CT)NSETt\TATI0"i 1T(X;RA"t 1r)P. SNAIL
BUSINESSES.
Be it. resolved that the Board or Aldermen of the City of Wichita balls, Texas,
that:
Tied. certain rontrart , a copy of Wich is :flinched heresto, hP1,u•ec'n the
it v of Wichita Falls and 'Texas A F; P Research Foundation, provi d i nlr For a
con t i aid ng and rorprehensi ve energy conservat.1 On 1)1'oj,t ;im for sina 1 1 bus i flosses
is hereby approved, and the City Ilrumger is hereby mit.horiZOci to execute the
sanu for the City of Wi('hi to Falls.
Passed and Approved this 6th day of January, 1981.
3-441/1YOR
4614:71:4412-°.
Attest:
C1'IY (1i;la
Subcontract L100016
Prime Grant DE-FGO1 -80CS24439
Project RF 4380-5
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SUBCONTRACT
11 between
TEXAS A&M RESEARCH FOUNDATION
and
CITY OF WICHITA FALLS
This SUBCONTRACT is entered into by and between the Texas A&M
Research Foundation, a non-profit corporation whose address is FE Box H,
College Station, Texas 77843, hereinafter called FOUNDATION, and the City
of Wichita Falls, whose address is P.O. Box 1431 , hereinafter called
SUBCONTRACTOR.
WITNESSETH:
WHEREAS, FOUNDATION and the Department of Energy, an agency of the
United States of America, hereinafter call GOVERNMENT, have entered into
Prime Grant Number DE-FGO1-80CS24439, further identified as Project RF 4380-5,
which involves the project entitled In e/Lgovetcnmentat Sma l &u.cnea4 En.ehgy
Management DemonstAation Pnognam; anI
111 WHEREAS, SUBCONTRACTOR has proposed to assist FOUNDATION in the
accomplishment of the preceding; and
WHEREAS, SUBCONTRACTOR is specifically qualified and equipped to
perform the work described in a manner contemplated herein;
NOW THEREFORE, the parties hereto do covenant and agree as follows :
ARTICLE I : Scope of Work
SUBCONTRACTOR agrees to perform the work set forth in the statement
of work appended hereto and incorporated as APPENDIX A. The scope of
work shall not be changed except by duly executed amendment to this SUBCONTRACT.
ARTICLE II : Period of Performance
The period of performance for this SUBCONTRACT shall begin on
December 1 , 1980 and shall terminate on September 30, 1981 , unless extended
by mutual agreement in writing between the parties, or unless terminated
by FOUNDATION as provided in Article VIII .
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Agenda No. 5.b.
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ARTICLE III : Consideration and Payment
As compensation for the work cited in Article I , following inspection and
acceptance of the reports cited in Article VI , FOUNDATION agrees to pay
SUBCONTRACTOR. costs not to exceed $15,000. Costs shall be in accordance
with the budget included in APPENDIX B.
Invoices shall be submitted in triplicate, not more frequently than
monthly to the following address:
Texas A&M Research Foundation
11
Faculty Exchange Box H
College Station, Texas 77843
Payment shall be contingent on approval of the invoices by Stephen
Biles who is hereby named as FOUNDATION'S REPRESENTATIVE in the monitoring
of this project. Said invoices shall be in accordance with the sample
billing form appended hereto and incorporated as APPENDIX C.
11 A maximum of ten percent (10%) , or an amount not to exceed $1 ,500
of the total compensation , shall be retained until the final requirements
have been completed and approved by FOUNDATION'S REPRESENTATIVE.
ARTICLE IV: Travel and Per Diem
All reimbursable travel shall be via economy class rates when available.
If not available, reimbursement vouchers shall be annotated that economy
class accommodations were not available.
Travel and per diem shall be reimbursable in accordance with FOUNDATION'S
travel policy appended hereto and incorporated as APPENDIX D.
IARTICLE V: Key Personnel
SUBCONTRACTOR shall assign Phil Paulk, Energy Coordinator, for the
work to be P erformed under this SUBCONTRACT. No diversion or replacement
shall be made by SUBCONTRACTOR without the written consent of FOUNDATION.
ARTICLE VI : ReportsF
SUBCONTRACTOR shall submit the following reports:
Item Due Date
1 . Monthly Report January 10, 1981
and the 10th of
each month thereafter
2. Final Report September 30, 1981
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Agenda No. 5.b.
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I ARTICLE VII : Inspection and Acceptance
Inspection and acceptance of the reports cited in Article VI under this
SUBCONTRACT will be accomplished by FOUNDATION'S REPRESENTATIVE. Shipment
of all data shall be made to:
Stephen Biles
Urban Programs Group
Center for Strategic Technology
Box FM 83
Texas A&M University
College Station, Texas 77843
ARTICLE VIII: Termination
In the event of default by SUBCONTRACTOR of its obligations, or in
the event that GOVERNMENT terminates work by FOUNDATION on the subject
matter of this SUBCONTRACT, then performance by SUBCONTRACTOR may be
terminated by FOUNDATION at any time by giving written notice to SUBCONTRACTOR.
I ARTICLE IX: Liability
SUBCONTRACTOR shall indemnify and hold FOUNDATION harmless from any
and all claims or liability whatsoever which may arise out of
SUBCONTRACTOR'S failure to perform or SUBCONTRACTOR'S negligent performance
of any service or duty as herein agreed. Such obligation to hold harmless
in shall include the obligation to reimburse the funding agency or FOUNDATION,
as appropriate, a sum certain equal to the amount of any payments which
may be made by FOUNDATION to SUBCONTRACTOR which are later disallowed
by the funding agency by reason of SUBCONTRACTOR'S failure to apply or
abide by appropriate cost principles or administrative standards. In
addition, SUBCONTRACTOR warrants that SUBCONTRACTOR is in compliance
with all applicable federal requirements related to Equal Employment
Opportunity Programs, Affirmative Action Programs, Minority and Small
Business Utilization Programs, Employment of the Handicapped Programs, etc. ;
and agrees to hold FOUNDATION harmless from any and all claims resulting
from SUBCONTRACTOR'S failure, or the failure of its principals, employees,
and agents, to comply with these requirements.
ARTICLE X: General Provisions
The General Provisions applicable to this SUBCONTRACT are contained in
the 'DOE Project Grant Pnovizion4 appended hereto and incorporated as
APPENDIX E.
As used in the aforesaid Grant Provisions. the term "Grants Officer"
and "Government" shall mean either the FOUNDATION or the Government
Contracting Officer who has cognizance over FOUNDATION'S prime grant as may be
applicable and determined by FOUNDATION.
In the event of any inconsistency between the conditions of SUBCONTRACT
and those of Appendix E, the inconsistency shall be resolved by
giving precedence to the provisions of SUBCONTRACT.
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Agenda No. 5.b.
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P•.'-fit CLE XI : Entirety of Agreement
1 . This document with attached appendices constitutes the entire agreement
bntween the parties relative to the subject matter, and may he modified
or amended only by a written agreement signed by both parties.
Il WITNESS WHEREOF, the parties hereto have executedd thi s SUBCONTRACT
on the day and year last specified below.
TEXAS A&M RESEARCH FOUNDATION! CITY OF WICHITA FALLS
By By
Jo Ann Treat
Title Associate Executive Director Title
Date Date
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1
I, certify that I am the
of SUBCONTRACTOR named under this SUBCONTRACT; that I am
title)
authorized to sign on behalf of said SUBCONTRACTOR; that said SUBCONTRACT
1 was fully signed for- and on behalf of said SUBCONTRACTOR by authority
of its governing body and is within the scope of its legal powers.
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