The URL can be used to link to this page

Home My WebLink AboutR2023-131 2023-05-22DocuSign Envelope ID: 3FF3662B-C14F-4118-9A5C-C91449555705 RESOLUTION NO. R2023-131 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter a Memorandum of Understanding (MOU) with Keep Pearland Beautiful (KPB) in association with the City's participation in the Houston -Galveston Area Council (H-GAC) Solid Waste Grant Program. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain MOU by and between the City of Pearland and KPB, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a MOU with KPB ) in association with the City's participation in the H-GAC Solid Waste Grant Program. PASSED, APPROVED and ADOPTED this the 22nd day of May, A.D., 2023. ,-DocuSigned by: �t 84881 A61 JJ'F4F2.. J. KEVIN COLE MAYOR ATTEST: ,-DocuSigned by: FratiuCLS ago -94EC22531FFF+15 FRANCES AGUILAR, TRMC, MMC CITY SECRETARY APPROVED AS TO FORM: DocuSigned by: -F1-&CA0 &ae-1-Fans DARRIN M. COKER CITY ATTORNEY DocuSign Envelope ID: 0C1 BEC2E-043D-4601-A1 B0-7282FDDD64EF Memorandum of Understanding between City of Pearland and Keep Pearland Beautiful This Memorandum of Understanding (MO ) establishes a binding set of terms and conditions between the City of Pearland and Keep Pearland Beautiful, Inc. ("KPB"), related to collaborative uses and administration of Houston -Galveston Area Council's disbursement of pass -through grant funding from the Texas Commission on Environmental Quality (TCEQ) — Solid Waste Grant Program. WHEREAS, in 2015, the City contracted with KPB to operate its Stella Roberts Recycle Center ("Center"); and WHEREAS, KPB has other contractual relationships with the City that outline KPB's performance requirements involving local environmental conservation, recycling, and the reduction of materials being sent to landfills via the local local/regional waste stream, among others; and WHEREAS, in order to effectively operate the Center and meet important local goals and objectives, the City and KPB believe it is important for grant funding activities to continue to benefit the Center; and WHEREAS, the City is the eligible entity among the two parties that can apply for and receive HGAC TCEQ Solid Waste Grant Program funding; and WHEREAS, the City believes it to be in the best interest of the citizens to maximize the resources the City of Pearland has available through the HGAC Solid Waste Grant Program; and FURTHERMORE, the parties agree that the City shall serve as the primary fiscal agency and that KPB shall serve as the sub-awardee for such funds, with this MO establishing specific compliance responsibilities for the parties, as applicable through any HGAC Solid Waste Grant Program funding agreements. NOW THEREFORE, the parties agree that the various administrative, programmatic, and/or financial management requirements of the HGAC Solid Waste Grant Program will be handled in compliance with applicable State, local, and/or federal laws/regulations, including but not limited to: procurement, asset -inventory requirements, audits and inspections, expenditure and/or revenue reporting, capitalization and disposition, as well as the vesting of title, and in the following manner: Keep Pearland Beautiful (KPB) DocuSign Envelope ID: 0C1 BEC2E-043D-4601-A1 B0-7282FDDD64EF KPB agrees to: 1. Coordinate and complete the application requesting grant funding from HGACforthe Solid Waste Grant Program only; 2. Present the completed HGAC Solid Waste Grant Program application to the City for its submission to HGAC; 3. Comply with any and all applicable HGAC Solid Waste Grant Program requirements and/or State regulations; 4. Restrict its activities involving the HGAC Solid Waste Grant Program to those duties, purchases, and other eligible Solid Waste Grant Program activities outlined in the funding agreement(s) between the City and HGAC; 5. Create and submit a spending plan to the City once the HGAC Solid Waste Grant Program contract has been executed and officiated by the City and HGAC, in coordination with the City's Grants & Special Projects Administrator, that includes the items KPB intends to purchase and the applicable amounts purchases are restricted to; 6. Secure a Purchase Order from the City prior to expending any HGAC Solid Waste Grant Program funds; 7. Complete and submit all programmatic reporting information to the City and HGAC, to include any and all recycling data required by HGAC; and 8. Procure only eligible grant -funded items in compliance with HGAC requirements and in compliance with State uniform grant management requirements (Chapter 783 Texas Government Code): a. Confirm with the City, the method of procurement to be used if/when purchasing grant -funded items, documenting the City's concurrence with each applicable method for each applicable purchase (quotes, bids, RFP, RFQ, etc...); b. Utilize a Purchase Order system for procuring eligible grant -funded items; c. Provide the City with the invoice(s), Purchase Order, and proof -of -payment if/when KPB purchases eligible grant -funded items; and d. Complete and submit to the City HGAC's asset inventory form for each acquisition of items costing over $5,000 to capitalize and inventory all equipment and other items that require retention and sustainable, intended uses. City The City agrees to act as the fiscal agent for KPB and perform related, applicable duties; including but not limited to: 1. Complete and administer internal controls necessary to facilitate the applicable establishment and/or updates to vendor registration, purchase order entry and approval, accounts payable invoices from KPB and/or applicable vendor(s), and/or the payment of grant funding for eligible expenditures and/or the sub-awardee (KPB) grant -funded costs; 2. Compliance with the terms and conditions of any and all HGAC Solid Waste Grant Program funding agreements awarded to the City; 3. Coordination with KPB on all contract compliance measures; 4. Coordination with KPB on all purchases and documentation of financial transactions; 5. Co -administration of asset/inventory management; 6. Filing and record -retention for all programmatic reports sent to HGAC by KPB; DocuSign Envelope ID: 0C1 BEC2E-043D-4601-A1 B0-7282FDDD64EF 7. Monitor KPB on a semi-annual basis for compliance with HGAC asset -inventory management requirements and the City's capitalization policies; and 8. Completion of the final financial reports requesting reimbursement from HGAC. If the parties agree, the City may utilize its own purchasing/procurement capabilities to secure the grant -funded items eligible for reimbursement through the HGAC Solid Waste Grant Program on a case -by -case basis. Capitalization, Asset -Inventory, and Title Ownership and title for any and all items purchased with HGAC Solid Waste Grant Program funds shall vest with the City until each item reaches its fully depreciated value, upon which time the City may retain title and/or choose to award title/ownership to KPB. KPB may not dispose of any item purchased with HGAC Solid Waste Grant Program funds without written authorization from the City. Other Special Conditions 1. No HGAC Solid Waste Grant Program funding may be solicited for activities that may be in competition with the City's franchise agreement for curbside trash pickup, or other services the City provides and charges a fee. 2. All effective grant terms and conditions of the HGAC Solid Waste Grant Program become applicable to the City and KPB. 3. Financial management of the program shall be subject to the City's purchasing, accounting, accounts -payable, accounts -receivable, and other financial management policies and procedures (capitalization of assets, inventory, interest and title, etc.). 4. KPB agrees to provide any and all requests for information and/or documentation of official records for the purposes of audits, inspections, and the City's grant -funding reports associated with the required annual completion of a Schedule of Expenditures of State Awards (SESA), per Chapter 783 of the Texas Government Code. 5. This MOU does not cover the required contract clauses applicable to federally -funded grant programs, so a separate and independent agreement shall be required in the event federal grant funds are used by the City to facilitate similar activities between the City and KPB. 6. Reimbursement requests submitted to the City by KPB shall be: a. limited to items specifically authorized for purchase by the City; b. limited to items authorized/approved by HGAC in the applicable grant funding award/contract between the City and HGAC; and c. submitted with complete backup documentation in the form of any and all procurement documentation (quotes, competitive solicitation results, etc.), purchase orders, invoices, verification of receipt and asset -inventory documentation, and proof of payment in the form of canceled bank check(s) and/or other confirmation of actual expenditures. Duration of the MOU and Termination This MOU shall remain in effect until either party terminates the MOU by official governing body action. If the existing lease agreement between the parties be terminated, or the parties fail to DocuSign Envelope ID: 0C1 BEC2E-043D-4601-A1 B0-7282FDDD64EF renewthe lease agreement, this MOU shall be considered terminated. The parties, hereby, agree that each party shall become responsible for any and all remaining close-out matters involving any HGAC Solid Waste Grant Program award that may be applicable at the time termination occurs. Execution and Overall Agreement This MOU shall become immediately effective upon the date of the last signatory, following approval by each party's governing body, designating an authorized official by each party. Keep Pearland Beautiful Adrian Hernandez, Exe utiJp Director — Keep Pearland Beautiful May 16, 2023 Date of Signature City of Pearland r—DocuSigned by: 0�- ��0a0D12DC74G429... Trent Epperson, Interim City Manager — City of Pearland (Authorized Official) 5/23/2023 I 4:56 PM CDT Date of Signature