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e e FEDERAL CONDITIONS CATEGORY I ARTiCLE 1. FEDERAL REQUIREMENTS This Contract i~ funded in part with federal grant money. The followi,ng conditions. apply to this Contract in addition to all other contract terms. AU applicable requirements of TNRCC' s federal grants arid 40 CFR ~arts 30 through 35 are incorporated herein by reference (TNRCC will provide copies of applicable federal grants or regulatfons upon request). The term "PERFORMING PARTY" as used in these Federal Conditions means either PERFORMING PARTY or CONTRACTOR, as applicable. ARTICLE 2. FEDERAL INTELLECTUAL PROPERTY REQUIREMENTS A nonexclusive, perpetual, irrevocable license to use, copy, publish, and modify any intellectual property to which rights are granted or assigned to TNRCC in this Contract are hereby also granted to, assigned to, or reserved by the Federal Government To the extent consistent with the rights of third parties, the Federal Government shall also have the right to sell any intellectual property right it reserves or acquires through this Contract. ARTICLE 3. ACKNOWLEDGMENT OF FINANCIAL SUPPORT The PERFORMING PARTY shall acknowledge the financial support of the TNRCC and the U.S. EP A 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 use within th~ TNRCC, shall carry the following notation on th~ front cover or ti~e page: PREPARED IN COOPERATION WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AND U.S. ENVIRONMENTAL PROTECTION AGENCY The preparation of this report was financed through grants from the U.S. Environmental Protection Agency through the Texas Natural Resource Conservation Commission. If the funding source is a U.S. agency other than U.s. EPA, the name of the appropriate federal agency should be substituted. , ARTICLE 4. COST AND PRICE QF TInS CONTRACT If this Contract was not competitively procured or if payment is based on reimbursement of actual costs, then PERFORMING PARTY shall submit cost information sufficient for a cost analysis as required by 40 CPR ~ 3] .36. This information must be submitted on forms provided by the TNRCC. ARTICLE 5. ACCOUNTING SYSTEMS AND PROPERTY MANAGEMENT SYSTEMS 1. PERFORMING PARTY shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles and complies with 40 CFR ~31.20. This system shall provide for the identification, accumulation, and segregation of allowable and unallowable project costs among projects. 2. PERFORMING PARTY shall have a property management system that complies with the standard of and requirements in 40 CPR n 31.32 through 31.33. ARTICLE 6. RECORD DOCUMENTS. DATA. RECORDS. ACCESS. AND AUDIT The Federal Government and its agencies will have the same rights of access to records as are granted to, assigned to, or reserved by the TNRCC under this Contract. ARTICLE 7. DEBARMENT On or prior to the effective date of this Contract, PERFORMING PARTY ~ust submit a Certification Regarding Debarment, Suspension, and Other Responsibility Matters. PERFORMING PARTY must also submit a ' Certification Regarding Debarment, Suspension, and Other Responsibility Matters / Lower Tier for each subcontractor it employs to conduct the Work. These certifications must be submitted on forms provided by the TNRCC. ARTICLE 8. MINORITY BUSINESS ENTERPRISES / WOMEN'S BUSINESS ENTERPRISES '(MBE/WBEs) Agreement / InteragencylInterlocal/ Category I -- Standard Form -- pg 12 Revised: November 24. 1997 - Printed: July 25, 2000 '