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HomeMy WebLinkAboutC2006-140 - 4/25/2006 - Approved COASTAL BEND COUNCIL OF GOVERNMENTS SOLID WASTE GRANT INTERLOCAL AGREEMENT Local Enforcement 06-20-G 11 rhe Coastal Bend Council (,fGovernments (COG) has received a grant through a contract with the Jexas Commission on Environmental Quality, which authorizes COG to redistribute solid waste fees hI support local and regional solid waste projects that are consistent with the regional solid waste management plan This lllterlocal agreement is a subcontract of the COG's contract with the TCEQ. Funds for this agreement wme from Solid Waste Disposal and Transportation Fees. Ihe COG and the SUBCONTRACTOR certify that they have authority to perform the services contracted t<.x by authority granted m The Interlocal Cooperation Act," Texas Government Code, ('hapter 791 This Interlocal Agreement i-; entered into by and between the parties named below. Neither TCEQ nor the State of Texas is a party to this Contract I. CONTRACTING PARTIES: The Council of <JOv ernments: Coastal Bend Council of Governments The SUBCONTRACTOR: City of Corpus Christi II. CONTRACT ADMINISTRATION PROVISIONS: See "Attachment A - General Contract Provisions" & "Attachment B - Special Contract ProVisions" III. SERVICES TO BE PERFORMED: See "Attachment C Work Program of SUBCONTRACTOR" & "Attachment D - Schedule of Deliverables from SUBCONTRACTOR" IV. BUDGET AND PAYMENT PROCEDURES: See "Attachment E - SUBCONTRACTOR Budget and Authorizations" COUNCIL OF GOVERNMENTS SUBCONTRACTOR I )rL, .It City of Corpus Christi ~tir- Director, Streets and Solid Waste astal Bend Council of Governments -- _.._--~ . ohn Buckner Fxecutive Direclor I )ate , I -'-r- ' I t' b Date: 'if L 71 D (:; R e....< .(J...~~JjQ. ~lI:..wUL.- . ""'l~"" ul ) ~ '0 G Cc astai Rend Council lOf Covernments '. c"," .,.l -,-~..~-'" ,co 1 ., _Yo -"~-"-Sfr.mA~ (IL 2006-140 04/25/06 Res0264 76 (0(; Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement Table of Contents A (Jeneral Contract Provisions Article ] Article :2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article] () Article 1 1 Article 12 Article] ; Article ] 4 Article ] 'i Article ] 6 Article ] 7 Article] 8 Article ] 9 Article 20 Article 21 Article 22 Article n Article 24 Article 25 Arlie le 26 Artie Ie 27 Article 28 Legal Authority Scope of Services Purpose Eligible Applicants/Recipients Responsibility of the Subcontractor Licenses. Permits and laws Uniform Grant and Contract Management Act Release of Claims Insurance and Liability Accounting Systems Audit' Access to Records Independent Financial Audit Changes Termination Severabil ity Intellectual Property Equal Opportunity and Affirmative Action ADA Requirements Utilization of SmalL Minority. and Women's Business Enterprises Energy EtTiciency Standards Acknowledgment of Financial Support Data and Publicity Hazardous Substances, Waste Disposal, and Manifests Statues Relating to Nondiscrimination Oral and Written Agreements Safetv and Protection Force Majeure Entire Contract B Special Contract Provisions Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article I () Article 11 Article ] 2 Period of Performance Scope of Services Obligations Reporting Requirements Monitoring Requirements Title to and Management of Real Property and Equipment Compliance with Applicable Laws Types and Standards of Solid Waste Implementation Projects Supplemental Funding Standards Funds in the MSWDTRF Conflict of Interest A uthorized Representatives C castai Bend Council of CJovernments 2 { Work Program dSUBCONTRACTOR D Schedule of Del1verables from SUBCONTRACTOR I SUBCONTRACTOR Budget and Authorizations Coastal Bend Counci I of Governments 3 Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement General Contract Provisions Attachment A .\rticle I Legal AuthorIty The SUBCONTRACTOR and coe; shall conduct the activities funded under this agreement in dccordance with all provlsions of this agreement, including all applicable state and local laws, rules, regulations. and guidelines. The mall1 governing standards include, but may not be limited to the [I)] lowing ( 11 361.014. rEX. HEALTH & SAFETY CODE: (::' ) 330.569 of the TCEO Municipa] Solid Waste Regulations (30 TAC Chapter 330); and (~ ) The l:niform Grant and Contract Management Act, TEX. GOVT CODE, 783.001 et. seq.. and the Uniform Grant and Contract Management Standards, 1 Texas l\dministrative Code (TA(').5.141 eL seq. (collectively, UGCMA). !\rtic1e 2 Scope of Services [he services to be performed by the SUBCONTRACTOR are outlined in the General Contract Provisions (Attachment Ai, Special Contract Provisions (Attachment B), Work Program of SUBCONTRACTOR (Attachment C). Schedule of Deliverables from SUBCONTRACTOR : Attachment D). SUBCONTRACTOR Budget and Authorizations (Attachment E), and any Change Orders, which are later incorporated into and made a part of this Agreement, as if set out word-for- \vord this Contract (Agreement). \rtic1e 3 Purpose a) The purpose of this Agreement is to accomplish the goals of 361.014(b), TEX. HEALTH AND SAFETY CODE, as they relate to distributing solid waste fee revenue funds to support local and regional solld waste projects consistent with the regional solid waste management plans approved by the TCEQ and to update and maintam those plans. !b) Under the overall goals ,)fthe funding program established under 361.014(b), TEX. HEALTH '\ND SAFETY CODE. the more specific purposes of this Agreement are: 1 '[ 0 enable the COG to carry out or conduct various municipal solid waste management- related services and support activities within the COG's regional jurisdiction; and " fo administer an efficient and effective. region-wide, pass-through (subgrantee) assistance grants program and/or. where authorized by the COG in accordance with Article 4 of this Attachment, to conduct various COG - managed projects. ('oCtstal Bend Council of Governments A-I \rticle 4 Eligible Applicants/Recipients fa) Eligible Pass- rhrough Gunt Recipients. I ()nly those local and regional political subdivisions located within the State of Texas as listed below are eligible to receive funding from the COG as a pass-through grant: (i' Cltie,,: ( II ) emmies; (IIi) Public schools and school districts (does not include universities or post secondary educational institutions); and ( IV) Other general and special law districts created in accordance with state law, and with the authority and responsibility for water quality protection or municipal sol id waste management. to include river authorities. (\ ) C ()Uneil of Governments 2 I.ocal and regional political subdivisions that are subject to the payment of state solid waste disposal fees and whose fee payments are in arrears, as determined by the TCEQ, are not eligible to receive pass-through grant funding from the COG. The TCEQ shall provide, on a quarterly basis. the COG a list of entities for which fee payments are in arrears. The COG shall allow a potential pass-through grant applicant that is listed as being in arrears in its tee payments the opportunity to provide documentation of payment of the fees owed the state. If the potential applicant provides the COG with documentation of payment of the fees. such as a canceled check or receipt from the state, the COG may consider that applicant t(l be eligible to receive pass-through grant funding under this agreement. The COG shall notify the TCEQ of any applIcants for which a determination of eligibility was made under this Subsection with the list of projects to be provided under the requirements set forth in Article 7.76 ofTCfQ Contract No.582-4-65529. "\rticle 5 ResponsibililY of the Subcontractor a) The SUBCONTRA( 'TOR shall be responsible for the professional quality, technical accuracy, timely completion. and the coordination of all services and other work furnished by the SIJBCONTRACTOR under this Agreement. as set forth in Attachment C of this Agreement. h) The SLBCONTRACTOR shall perform such services as may be necessary to accomplish the work required to be performed under this Agreement, in accordance with the COG and contractual requirements and any and all applicable law. e) The COG may require the SUBCONTRACTOR to correct or revise any errors, omissions, or \)ther deficiencies in any repurts or services provided by the SUBCONTRACTOR to ensure that such reports and services fulfill the purposes of this Agreement. The SUBCONTRACTOR shall make the required corrections or revisions without additional cost to the COG. i d) Neither the COG's review, approval or acceptance of. nor payment for any of the services shall be construed to operate as a waiver of an) rights under this Agreement or of any cause of action ('c'"stal Bend Council uf Governments A-2 drising Ollt .dthe perfc1rmance of this Agreement; and the SUBCONTRACTOR shall be, and remain, i lable in accordance with applicable law for all damages to the COG including reasonable attorneys' lees and court costs caused by the SUBCONTRACTOR's negligent performance of any of the c-ervices furmshed under thIS Agreement. (e) The obligations of the SUBCONTRACTOR under this Article are in addition to the SUBCONTRACTOR's l)ther express or implied assurances under this Agreement or applicable law. () All contractual expenditures using funds provided under this Agreement shall meet all procurement laws and regulations applicable to the SUBCONTRACTOR and their subcontractors and the Uniform Grant and Contract Management Act and the Uniform Grant Management Standards. Note that competitive bidding will generally be required. igJ The SUBCONTRAC TOR shall be responsible for the management and fiscal monitoring of all of their subcontractors and sub grantees The SUBCONTRACTOR shall monitor its subcontractors and subgrantees as necessary to ensure that their subcontractors and subgrantees are operating consistentl: with applicable laws and regulations. applicable contracting policies, and this \greement The SUBC< )NTRACTOR shall ensure that their subcontractors and subgrantees comply with all recprd keeping and access requirements set forth in this Agreement. The COG reserves the rIght to perform an independent audit of all SUBCONTRACTORS subcontractors and subgrantees. lhe SUBCONTRACTOR. SUBCONTRACTORS subcontractors and SUBCONTRACTORS subgrantees shall mall1tain detailed records Article 6 [jcenses. Permits and Laws rhe SUBCONTRA..CTOR shall, except as otherwise provided in this Agreement, be responsible for obtaining any necessary licenses and permits. and for complying with any applicable Federal, State, and municipal laws. codes, ordinances. and regulations. in connection with the work required by this Agreement Article 7 Uniform Grant and Contract Management Act rhe proVIsIons of the t niform Grant and Contract Management Act ("UGCMA") apply to this '\greement to the extent required by law. ,\rticle 8 Release (If C [aims \ ipon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work. or prior to settlement upon termination of this Agreement and as a condition to final payment/settlement, the SUBCONTRACTOR shall execute and deliver to the COG a release of all claIms against the COG arising under or by virtue of this Agreement, Article 9 Insurance and Liability SUBCONTRACT OR shall maintain insurance coverage for work performed or services rendered under this contract as specified in the Special Provisions. SUBCONTRACTOR understands and agrees that 1t shall be liable to repay and shall repay upon demand to COG any amounts determined by COG. its independent auditors. or any agency of state or federal governments to have been paid in VIolation of the terms of this Agreement. Co\stal BenJ Counci I of C,overnments A-3 ,\rticle I 0 Accounting ,>ystems rhe SUBCONTRACTOR shall have an accounting system which accounts for costs in accordance with generally accepted accnunting standards or principles and complies with applicable State law, regulations. and policIes relating to accounting standards or principles. The SUBCONTRACTOR must account for costs in a manner consistent with such standards or principles. \rticle 1 AudiuAcces-; to Rec\lrds (a) The SUBCONTRACTCIR shall maintain and make available for review, inspection and/or audit books, records. documents. and other evidence reasonably pertinent to performance on all work under this A.greement, including negotiated changes or amendments thereto, in accordance with accepted profeSSIOnal practice. appropriate accounting procedures and practices at the SUBCONTRACTOR's office. The SUBCONTRACTOR shall also maintain and make available at Its Texas office the financial information and data used by the SUBCONTRACTOR or its designee i mcluding independent financial auditors) in the preparation or support of any cost submission or e,lst (direct and indirect). pnce or profit analysis for this Agreement or any negotiated subagreement i\r change order and a copy ofthe cost summary submitted to COG. The COG, Texas State Auditor's ()ffice, or any of COG's duly authonzed representatives. shall have access to such books, records, documents. and other evidence for the purpose of review. inspection and/or audit. During the conduct of any such reVle\\ audit or inspection. SUBCONTRACTOR's books, records, and other pertinent documents may, upon prior conference with the SUBCONTRACTOR, be copied by the <- 'OG or am of its duly authorized representatives. All such information shall be handled by the parties in accordance With good business ethics. The SUBCONTRACTOR shall provide proper bcilities within the StatL' 01 Texas t~)r such access and Inspection. (h) Audits conducted lmder this provision shall be carried out in accordance with State law, regulations and policy. and generally accepted auditing standards and established procedures and guidelines \,11' the reviewmg ,lr audit agency( ies). i C) The SUBCONTRA( 'TOR agrees to the disclosure of all information and reports resulting from access to records pursuant to Section (a) of this Article to COG. Where the audit concerns the SUBCONTRACTOR. the auditing agency will atTord the SUBCONTRACTOR an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. l. d) Records under Section (a) of this Article shall be maintained and made available during the entire period of performance of this Agreement and until three (3) years from date of final COG payment for the project In addition. those records which relate to any dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken shall be maintained and made available until completion of such action and resolution c\ f all issues which arise from it, or until the end of the regular three-year period, whichever is later. e) Access to records ]S not i Imited to the required retention periods. The authorized representatives designated In Section (a) oj this Article shall have access to records at any reasonable time for as long as the records are maintained. C"dstal Bend Council ;)1' Governments A-4 n The right to audit and ,Iccess t(1 records Article applies to financial records pertaining to all subagreements and all subagreemenl change orders and amendments. In addition, this right of access applies to all records pertaining to all subagreements, subagreement change orders and subagreement amendments to the extent the records reasonably pertain to subagreement performance; ifthere is any mdication that fraud. grilss abuse OJ corrupt practices may be involved; or if the subagreement is terminated for default 01 fOl convenience Ig) The ('OG reserves the rIght to require the reimbursement of any over-payments determined as a result of am audit or inspection of records kept by the SUBCONTRACTOR on work performed under thIS Agreement i h) The SUBCONTRACTOR shall include Sections (a) through (g) of this Article In all subagreemcnts and all change orders directly related to project performance. ,\rticle 12 Independent Financial Audit fhe SUBCONTRACTOR shall adhere te, the Single Audit requirements of the UGCMA. The SUBCONTRACTOR shall deliver to the COG each audit report within thirty (30) days of completion of the audit report. The SUBCONTRACTOR is responsible for including the Single \udit requirements in all subagreements and shall be responsible for insuring adherence to those requirements by all subgrantees and suhcontractors. ,\rticle I' Changes I a) A Major Change will include one or more of the following: ( i ) an lllcrease or decrease in the amount of compensation to the SUBCONTRACTOR; (:::) an extens Ion or shortening of the term of the Agreement; (i) a significant change in the scope of the Agreement or the services to be performed; or (4) any action that is beyond the authority of the Executive Director or the Project Representative of the CO(J (b) Implementation of a Major Change must be preceded by a formal written amendment to the Agreement The amendment must contain a description of the proposed change. The amendment must be signed by persons authorized to bind each party in contract. Any amendment that will exceed the contractual authority of the Executive Director of the COG also requires the consent, at ,\genda. of a majority ofthc CBCOG Governing Board. (c) Any proposed change that is not a Major Change may qualify as a Minor Change. In addition, a delay or change in the work resulting from inclement weather will be treated as a Minor Change. A Minor Change shall require the written agreement of both Project Representatives, but does not require a formal amendment to the contract. A copy of the authorization must be retained in the appropriate file of both the "lUBCO'\!TRACTOR and the COG. i d) If the S I JBCONTRA C1 OR requests a Minor Change and the Project Representative of the COG does not approve the request as a Minor Change, then the change shall be deemed a Major Change COdstall3end Council of (J.Jvernments A-5 and the Sl iHCON1RACl OR ma\ onl\ obtain authorization to proceed In accordance with Section (b) of this Article. (e) If the SUBCONTRACTOR makes any changes in personnel whose salaries are funded by this grant. SllBCONTRACT OR must give COG prior notification and obtain prior approval from COG. (f) Any alterations. additilll1s, or deletions to the terms of this contract which are required by changes m Federal law or regulations are automatically incorporated into this Agreement without vvTitten amendment hereto. and shall become effective on the date designated by such law or regulation. provided if the SUBCONTRACTOR may not legally comply with such change, SUBCONTRACTOR mayrerminate its participation herein as authorized by Article 14. I g) COG may, from time to time. require changes in the Scope of the Services of the SUBCONTRACTOR to be performed under this Agreement. Such changes that are mutually agreed upon by and between COG and the SUBCONTRACTOR in writing shall be incorporated into this \greement ,\rticle 14 rerminatlon i a) This Agreement terminates upon full performance of all requirements contained herein, unless extended in writing. l h) This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party 10 fulfill its obligation under this Agreement through no fault of the terminating party. Failure on the part of the SUBCONTRACTOR to comply with the conditions set forth m the agreement shall be the basis for termination of the agreement and/or the revocation of any unexpended or inappropriately expended funds. Provided that no such termination may be effected unless the other party is given: (! ) not less than ten (10) days written notice (delivered by certified mail, return receipt requested) or intent to terminate; and (:2) an opportunity for consultation with the terminating party prior to termination. (c) This Agreement may be terminated in whole or in part in writing by the COG for its convenience Provided that the SUBCONTRACTOR is given not less than ten (10) days written notice (deli vered by cert ified mai I. return receipt requested) of intent to terminate. (d) If termination for default under Section (b) of this Article or termination for convenience under Section (c) of this Article is effected by the COG, any payment due the SUBCONTRACTOR at the time of termination may be adjusted to the extent of any additional costs occasioned to the COG by reason of the SUBCONTRACTOR's default. The equitable adjustment for any termination shall provide for payment to the SUBCONTRACTOR for services rendered and expenses incurred prior to the termination. m addition w termination settlement costs reasonably incurred by the SUBCONTRACT OR relating to commitments which had become firm prior to the termination. e) Upon receipt of a :erminatlon action under Sections (b) or (c) of this Article, the SUBCONTRACTOR shall C(j'lstal Bend Counci t of Covernments A-6 (! promptly discontinue all servIces affected (unless the notice directs otherwise); and (2) deliver or otherwise make available to the COG all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated bv the SUBCONTRACTOR in performing this Agreement, whether completed or in the process n Upon termination under Sections (b) and (c) of this Article, the COG may take over the work and prosecute the same to completion by agreement with another party or otherwise. g) If, after termination for failure of the SUBCONTRACTOR to fulfill contractual obligations, it is determined that the SUBCONTRACTOR had not so failed, the termination shall be deemed to have he en effected for the convemence of the COG. In such event, adjustment of the price provided for in this Agreement shall he made as provided in Section (d) of this Article. ! h) If any delay or failure of performance IS caused by a FORCE MAJEURE event as described in the Article 27 of this Appendix, the COC; may in its sole discretion terminate this Agreement in ,vhole or part under this ArtJcle. A, rticle 1 ~ Severabi I it\ "\ll parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determ mati on shall not affect any other term of this Agreement, which shall continue in full force and effect. ,\rticle 16 Intellectual Property (a) For the purpose of this Article, "intellectual property" refers to I) any discovery or invention for which patent rights may be acquired, and 2) any photographs, graphic designs, plans, drawings, specifications, computer programs, technical reports, operating manuals, or other copyrightable materials. and 3) an) other materials in which intellectual property rights may be obtained. (b) Royalties and Patent Fees. The SUBCONTRACTOR shall pay all license fees and royalties and assume all costs incident to 1 he use or possession in the performance of the work or the incorporation Jt1 the work of any Intellectual Property (c) Disclosure oflntellectual Property Produced during the work. The SUBCONTRACTOR shall promptly notify the COG of all Intellectual Property which the SUBCONTRACTOR, including its employees, subcontractors,)r subcontractors employees may produce, either solely or jointly with others, during the course of this \vork. In addition, the SUBCONTRACTOR shall promptly notify the coe ()f all Intellectual Property to which the SUBCONTRACTOR may acquire rights in connectinn with the performance of the work. Any notification under this paragraph shall contain sufficient technical detad to convey a clear understanding of the Intellectual Property, and shall identify an) publication. sale, public use. or impending publication. Promptly upon request, the S I fBCONTRACTOR shall supply such additional information as the COG may request. (d) In performing work under this Agreement, the SUBCONTRACTOR shall comply with all laws, rules, and regulations relating to intellectual property, and shall not infringe on any third-party's Intellectual Property rights. SUBCONTRACTOR further represents and warrants to COG that in the CCldstal Bend Council ,)f (i,)) ernments A-7 ..:ourse at performmg the work it will not use or possess any Intellectual Property owned by a third party without paying any required royalty or patent fees. SUBCONTRACTOR warrants that it has tull title In and ownership of the Intellectual Property and any enhancements, updates or other modifications, or that it ha~ full power and authority to grant all licenses granted herein, and that ~uch license use by the COCi will in no \Nay constitute an infringement or other violation of any Intellectual Property right of any third party The SUBCONTRACTOR warrants that it shall have, throughout any applicable license term hereunder, free and clear title to, or the right to possess, use, .~ell, transfer. assign. license. or sublicense. products that are licensed or provided hereunder to the lOG by thl' SUBCONTRACTOR. Except as permitted in the Agreement, SUBCONTRACTOR ,hall not create or permlt the creation of any lien. encumbrance, or security interest in the work or dny part thereof. or any product licensed or provided hereunder to COG for which title has not yet passed to COG. without the prior written consent of COG. SUBCONTRACTOR represents and warrants to COG tha1 neither it nor any other company or individual performing the work is under dny obligation to assIgn or give to any third party any Intellectual Property rights granted or assigned 1,\ COG. or reserved by COC r. pursuant to the Agreement. It shall hold the COG harmless for, and to the extent permltted by theaws and Constitution of the State of Texas, defend, and indemnify the (OG agamsL any c1alms for infringement related to its work under this Agreement. \ e) Grant and LIcense With respect to such Intellectual Property as is (i) incorporated in the work (c)ther than Intellectual Property for which COG already possesses equal or greater Intellectual Property Rights by virtue of this Agreement or otherwise), (ii) produced by SUBCONTRACTOR or SUBCONTRACTORS employees. subcontractors. or subcontractorDs employees during the course ,-,[ performi ng the work. ,)r ( ili) speci fically identified in the Supplemental Conditions as Intellectual Property tu which Intelkctual Property Rights are granted pursuant to this paragraph, SUBCONTRACT OR hereby grants to C()G (i) a nonexclusive, perpetual, irrevocable, enterprise- v"ide license to reproduce, publish, ,)r (ltherwise use such Intellectual Property and associated use documentation. and (ii) a nonexclusJ\e. perpetual. irrevocable, enterprise-wide license to authorize ,thers to reproduce, publish. or otherwise use such Intellectual Property for COGs purposes. (f) Modtfication; Deri\ati\e Works. COG shall have the right, in its own discretion, to ll1dependently modify any Intellectual Property to which license is granted herein for COGDs own purposes and use, through the services of its own employees or independent contractors. COG shall .,'wn all Intellectual Property to such modifications. SUBCONTRACTOR shall not incorporate any ,uch modifications into itS Intellectual Property for distribution to third parties unless it first obtains a license frum COG (g) SUBCONTRACTOR expressly acknowledges that state funds may not be expended in connection \vith the purchase of an automated information system unless that system meets certain statutory requirements under section 2157.005 of the Government Code, relating to accessibility by persons \vith visual impairments. Accordingly, the SUBCONTRACTOR represents and warrants to ('OG that the technology provided to the COG for purchase is capable, either by virtue of feature mcluded within the technology or because it is readily adaptable by use with other technology, of(1) providing equivalent acces~ for effective use by both visual and nonvisual means; (2) presenting mformation. including prompts usd tor interactive communications, in formats intended for nonvisual llse; and (3 I being integrated into networks for obtaining, retrieving, and disseminating mformatlon used by individuals who are not blind or visually impaired. For purposes of this paragraph, the phrase equivalent access means a substantially similar ability to communicate with or make use 0 f the technology. either directly by features incorporated within the technology or by other reasonable mean~ such a~ assisti\e de\ ices or services which would constitute reasonable Cnstal Bend Councl! of(,,)vernments A-8 dccommodatlOn under the Americans with Disabilities Act or similar state or federal laws. t xamples 0 f methods b;. which eqUlvalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and ~ustomized display appearance. ih) SUBCONTRACTOR will include in all subcontracts a provision similar in effect to the tollowing year 2006 Warranty as set forth in the Section. (] ) SUBCONTRACTOR also warrants that with respect to work performed under this Agreement, that all work is Year 2006 Compliant when used in accordance with the applicable documentation, provided that all products used in combination with it (but not themselves included in or with or incorporated into the work) properly exchange date data with the work. SUBCONTRACTOR warrants that the work meets all applicable standards of the Texas Department ofInformation Resources relating to the Year 2006 Compliance. In the ~vent any work performed under this Agreement is not Year 2006 Complaint, and the SUBCONTRAC rOR is provided written notice thereof, SUBCONTRACTOR shall at its sole expense immedIately cause such work to become Year 2006 Compliant in a manner that \\ ill mil1lmize interruption tC\ ongoing business processes, time being of the essence. i I The Sl fBCONTRAC rOR shall include provisions to effectuate the purposes of this paragraph in a I subcontracts and subgrants under this Agreement in the course of which Intellectual Property may be produced or acquired Article I -, Equal Opportunity and Affirmative Action rhe SUBCONTRACTOR shall agree that in the performance of this Contract, it will not discriminate against any employee or applicant because of race, religion, color, sex, age, or national origin and it will comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended b;. Executive Order 11375. and as supplemented in Department of Labor Regulations (Title 41 CFR Part 60). The SUBCONTRACTOR assures that no person will, on the grounds of race, creed. color. handicap. national origin. sex. political affiliation or beliefs, be excluded from, be denied the benefit of. l)r be subject tn discnmination under any program or activity funded in whole "r part under this Contract. Article 1 8 ADA Requirements l"he SUBCONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Actof1990 42 U.S.c. 0012101 -12213. Article 1 q Utilization of Small, Minority, and Women's Business Enterprises rhe SUBCONTRACTOR agrees that qualified Historically Underutilized Businesses (HUB's) shall have the maximum practicable opportunity to participate in the performance of this Agreement. Article 20 Energy F ffic iency Standards rhe SUBCONTRACTOR shall follo\\ standards and policies on energy efficiency, which are contained in the Texas State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L 94-163) Coastal Bend Council of Governments A-9 \rticle 2 I Acknowledgment of Financial Support fhe SUBCONTRACTOR shall acknowledge the financial support ofthe TCEQ and COG whenever ,vork funded, in whole or part. by this Agreement is publicized or reported in news media or publicatiomc All reports and other documents completed as a part of this Agreement, other than documents prepared exclusi vely for mternal use within the COG, shall carry the following notation 1n the front cover or title page: Example PREPARED IiV COOP ERA nON WITH THE TL'(1S fDMMISSIOV ON ENVIRONMENTAL QUALITY OR 7he preparation olthis report was financed through grantsfrom the State of Texas through the rexas Commission on Environmental Quality ,\rticle 2~ Data and Publici tv <\ll data and other information developed under this Agreement shall be furnished to the COG and shall be public data and mformation. except to the extent that it is exempted from public access by the Texas Open Records/Public Information Act, TEX. GOVT CODE 552. Upon termination of this Agreement, all copies ofdata and information shall be furnished, at no charge to the COG, upon request, to i nelude data bases prepared using funds provided under this Agreement, and become the property of the COG I xcept as otherwise provided by the Agreement or the Act, the SUBCONTRACl OR shall not provIde data generated or otherwise obtained in the performance of ItS responsibilities under thiS Agreement to any party other that the COG, State of Texas, and its authorized agents Article 23 Hazardous Substances, Waste Disposal. and Manifests ['he SUBCONTRACTOR and their subcontractors and subgrantees must comply with all applicable Laws and Regulations. mcluding but not limited to those relating to hazardous substances, waste disposal. and manifests. .\rticle 24 Statues Relating to Nondiscrimination rhe SUBCONTRACTOR shall comply with all applicable state and federal statues relating to nondiscrimmation which include. but are not limited to, those listed in the Uniform Grant Management Standards >\rticle 25 Oral and Wntten Agreements All oral or written agreements between the parties hereto relating to the subject matter of this Contract which were developed and executed prior to the execution of this Contract have been reduced to writing and are contained in this Agreement. Article 26 Safety and Protection Coastal Bend Council of Governments A-tO Where applicable, the Sl BCONTRACTOR shall be responsible for requiring its subcontractor and ,ubgrantees to mamtam and supervise all necessary safety precaution and programs in connection ,..ith the work. The SIJBCONTRACTOR shall take all necessary safety precautions. e\rticle r Force Maleure i 0 the extent that eltha party to this Agreement is wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through dec rees of or restrai nts by a government instrumentality, acts of God (except that rain, wind, tlood or (lther natural phenomena normally expected for the locality shall not be construed as an act ,'f God). work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, rebellion. and sabotage. ill such event, the time for the performance of such obligation or duty shall he suspended until the dlsahility to perform is removed Determination of force majeure shall rest ,edely wIth the COG '\)0 time extension shall he granted under this Article unless the party seeking reliefhas notified the uther in wTiting within a reasonable time after commencement of the event, of the anticipated length and cause of delay. the measures taken or to be taken to minimize the delay, and the timetable by which the S [lBCONTRACrOR intends to implement these measures. The party seeking relief shall also give wntten notice (lfthe ending of the event within a reasonable time after the event has ended. \rticle 2R Enri re C (\ntr.:lct 1'h1s Agreement, includmg ~ttachments A. B. C. D. and E, represents the entire Contract between the contracting parties and supersedes any and all prior contracts between the parties, whether written "f oral. Ccastal Bend CouncIl of Governments A-II Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement Special Contract Provisions Attachment B Article 1 Period of Performance rhe period of performance ,Jfthis agreement begins on March 10.2006 and ends on AU2ust 31. 2006 ,\rticle ::2 Scope of Services (a) All parties agree that the SUBCONTRACTOK in consideration of compensation described in this Attachment and SUBCONTRACTOR Budget and Authorizations (Attachment E of this c\greement), shall provide the services with COG as specifically described in the Work Program of SUBCONTRACTOR (Attachment C of this Agreement) and Schedule of Deliverables from SUBCONTRACTOR (Attachment D of this Agreement). {b) The SUBCONTRA( 'TOR agrees to implement the Project according to the agreed upon budget shown in Attachment E of t his agreement Article ::; COG Obligations I a) Measure of Liability In consideration of full and satlsfactory performance hereunder, COG will be liable to SUBCONTRACTOR in an amount equal to the actual costs incurred by SUBCONTRACTOR in rendering such performance, subject to the following limitations: 1 {'OG is not liable for expenditures made in violation of "General Provisions for Texas Commission on Environmental Quality's Standards Applicable to Implementation Projects and Supplemental funding Standards",as described in Articles 8 and 9 of this Agreement, whIch outline prohibited actlvities as defined by the Texas Commission on Environmental Ouality (TCEQ) ::: ('OG is not liable for any costs incurred by SUBCONTRACTOR in the performance of this agreement. whIch have not been billed to COG within thirty (30) days following term mation of this agreement. ,; ('OG is not liable to SUBCONTRACTOR for costs incurred or performance rendered by SUBCON rRACTOR for costs mcurred by SUBCONTRACTOR before commencement of this agreement or after termination of this agreement. 4 l',xcept as specifically authonzed by COG in writing, COG is liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in Federal OMB Clrcular A-87 Ccasta! Bend Council of Ciovernments B-1 S Ail representations, indemnifications, warranties, and guarantees made in, required by or given in accordance with the'\greement. as well as all continuing obligations indicated in the Agreement. will survive final payment. completion of the work and termination or completion of the Agreement. b) Method and Schedule ot'Payment 1 Payments Pavments to pass-through grant recipients may be made only on a reImbursement basi:--, Upon review and approval of each financial report, COG will make payment te' Sl'BCO'\JTRACTOR against COG liabilities to be accrued hereunder. 2 SUBCONTRACTOR may account for expenses incurred and request reimbursement of outlays under either a cash or an accrual basis. as defined and authorized under the UGCMA. ! 0 be eligIble for reimbursement under this Agreement, a cost must have been incurred and either paid by the Sl !BCONTRACTOR prior to claiming reimbursement from the COG or incurred by the last day of the time period indicated on a request for reimbursement form and liqUldated no later than forty-five (45) days after the end of that time period. '"' Financial reporting: ~rhe C"'C)G shall provide financial status report forms and supplemental forms to be suhmitted by SUBCONTRACTOR at least quarterly and/or with each request for reimbursement w itemize expenditures by budget category. Allowable expenditures are set forth in Articles 8 and 9 of this Agreement. The COG shall review all materials proVided by the SUBCONTRACTOR with a request for reimbursement, and shall not make a reImbursement payment unless all required items have been provided and are deemed to he acc'urate. 4 In general. expenditure documentation to be maintained by the SUBCONTRACTOR (but not necessarily submitted to the COG with each Financial Status Report) should be whatever is necessary te) shoVl that the work was indeed performed and that the expense was, in fact, incurred. [n addition, the documentation should also support the fact that the expenditure was reasonable and necessary to this Agreement. S I )ocuments that should be maintained, as appropriate for the expense, include by category, the records listed belo\v, a. SALARY/WAGES Time sheets that have been signed and approved. h. TRA VEl Documentation, which, at a minimum, is consistent with State Travel Regulations. The purpose of the travel should be documented and supported with actual receipts for hotel accommodations, public transportation receipts, airline receipts, etc. c. EQUIPMEN'I Purchase orders, invoices, and canceled checks. d. SUPPLIl S Purchase orders (if issued), invoices, receipts, and canceled checks. Ccasta Bend Counci I of Covernments B-2 e Sl'RCOKrRACTS Copy of subcontract, plus documentation that all costs incurred under the contract were reasonable and necessary The subcontractor shall be required to maintain the documents for each category of expenses listed in this Subsection. f l'ONSTR rCTION All applicable documentation required for Equipment, Salary. Supplies and Subcontractors. g. OTHE R Purchase orders. invoices, receipts, and canceled checks. 6 \1l expenditures under the equipment construction, or subcontract budget categories must be approved in advance by the COG. Further, for any "other" category expenses not specdically spelled out in this interlocal contract, the contract shall require that the SUBCONTRACTOR obtain prior written approval from COG for that expense. 7 'I ravel Expenses. Reimbursement of travel expenses for out-of-state travel, except where such travel IS speCl fically authorized in writing by the COG, is prohibited. Prior to authorizing any out-of-state travel by a pass-through grant recipient, the COG must obtain v\Titten appw\ al fwm the T( 'EQ to provide such authorization. 8 If requested by the COG. the SUBCONTRACTOR agrees to provide to the COG the additional expense records and documentation materials, as listed in Subsection 5 of this Article, and appropnate for the expense, for the time period requested by the COG, except that the SUBCONTRACTOR will not be asked to submit records that have already been provided to the COG with a FinanCial Status Report. The COG will provide reasonable time for the SUBCONTRACTOR to comply with a request for additional records. If the COG requests to review additional records to be provided by the SUBCONTRACTOR under the ('OGs financial monitoring program, the COG will review those records and provide the SUBCONTRACTOR a written summary of the tIndings of that review. The COG will also aile,,\. the SUBCON fRACTOR reasonable time to respond to any findings ofnoncompliance \lr other problems identified by the records review. () The COG shall n\lt reimburse or otherwise make payment to SUBCONTRACTOR for an expenditure that is 110t authorized under this Agreement. If it is determined, by either the COG or the TeE Q that an expenditure that was reimbursed is not an authorized expense, the ('0(; shall request return and reimbursement of those funds from the grant recipient or, where appropriate, the application nfthose funds to other authorized expenses, and shall not provlde any additional reimbursements to the pass-through grant recipient until the funds are returned or arc appl1ed to other authorized expenses. 1 U. The SUBCONTRACTORS contractual costs must comply with allowable costs requirements SUBCONTRACTORS which are governmental entities must engage in contractor selection on a competitive basis in accordance with their established policies. If SUBCONTRACTOR has no competitive procurement policy or is a private entity, SUBCON fRACTOR must generally select contractors by evaluation and comparison of price, quality of geh)ds or services and past performance, All subgrants awarded by the S U BCON IRA (Tel R under thi s Agreement shall be in accordance with Subpart C, Sec._.3 7, Ccasta, Bend CounCil ,)f Co\ernments B-3 Subsection (h) (jf the Stale Uniform Administrative Requirements for Grants and C ooperati\ e Agreements as set forth in Part III of the Uniform Grant Management Standards adopted by the (JowmorDs Office of Budget and Planning. <,;) SUBCONTRACTOR ( lose OUl Report '\0 later than thirty (30) days following the termination of this agreement, SUBCONTRACTOR must submit a COG Contract Close Out Report according to written instructions from COG. .\rticle 4 Reporting Requirements a) The SlBCONTRA( 'TOR shall prepare and submit to the COG, a quarterly written progress report concerning performance under this Contract. Such progress reports shall document accomplishments and units of work performed under Attachment D of this agreement including program results. All progress reports shall be submitted within 7 days after the end of each quarterly period so that COG may submit a consolidated report to TCEQ within 20 days. A final progress report shall be prO\ Ided prior to the final request for payment under this Contract, but, in no case later than 30 days after the end of the Contract period. Payments (reimbursements) required under this c\1I1trac1 may he withheld by the COG until such time as any past due progress reports are n:ceived (b) The SU BCONTRA('T()R quarterly progress reports required under Section (a) ofthis Article contain descriptions of acti\ lties and costs for the COG to ensure that the provisions ofthis Contract are being complied with The SUBCONTRACTOR shall comply with any reasonable request by the ('OG for additional information on activities conducted in order for the COG to adequately monitor the SUBCONTRACTOR's progress in completing the requirements of and adhering to the provisions (,f this Contract. The SUBCONTRACTOR shall certifY in writing to the COG, through a final progress report, the satisfactory completion of all activities and deliverables required under the pass- ! hrough grant agreemem ICI The SUBCONTRACTOR shall provide the COG with follow-up results information on a schedule established by the COG. to include a report or reports sufficient to allow the COG to provide the TCEQ a report in October 2002 on the continued results ofthe project funded under this \greement In addition, the SUBCONTRACTOR shall continue to document, as appropriate to the tvpe ofpro!ect. the results pfthe project activities for the life of the program or activity. td) The SUBCONTRACTOR's failure to comolv with the requirements of this Article cOD8titutes a breach of this Contract. \rticle ~. Monitoring Requirements ta) COG may periodIcally monitor SUBCONTRACTOR for: ] rhe degree of compliance with the terms of this Contract, including compliance with applicable rules. regulations. and promulgations referenced herein; and "1 J'he administrative and operational effectiveness of the project. ('casta! Bend CouncIl of Governments B-4 h) COG shall conduct periudic analysis of SUBCONTRACTOR'S performance under this Contract < lr the purpose of assessl ng 1 he degree to which contractual objectives and performance standards, as identified in this Contract or as subsequently amended, are achieved by SUBCONTRACTOR. \ rticle 6 ritle to and Management of Real Property and Equipment Subject to the obligations and conditions set forth in this Agreement, title to real property and -:quipment (together hereafter referred to in this Article as DpropertyD) acquired from funds provided under this Agreement by the SUBCONTRACTOR shall vest upon acquisition or construction in the "'UBCONTRACTOR ~Il parties agree that upon full performance of this Contract, title shall remain WIth the Sl JBCONTRACTOR, provided however, that ifthis Contract is terminated, due to ..;ubstantial failure by the Sli BCONTRACTOR to fulfill its obligations under this Contract, title and physical possession of all eq uipment and constructed fixtures shall. upon written notification from ( OG. be transferred III good condition and within five (5) working days to COG. (a) Subject to the provisions of this Agreement and as otherwise provided by state statutes, property acquired or replace under this Agreement shall be used for the duration of its normally expected useful life hl support the purposes of this Agreement whether or not the orginal projects or programs Lontinue to be supported b) COG funds I b) The SlBCONTRACTOR shall not grant or allow to a third party a security interest in any C'riginal or replacement property purchased or constructed with funds made available to the SUBCONTRACTOR under this Agreement. \ c) The use of property acquired under this Agreement. both during the term of this Agreement and for the useful life of the property. shall he in accordance with Section 36L014(b) of the TEX. HEALTH & SAFETY' CODE, which directs that a project or service funded under this program must promote cooperation between public and private entities and may not be otherwise readily available lr create a competitiv'e advantage over a private industry that provides recycling or solid waste "ervICes (d) The SUBCONTRA( "[UR may develop and use their own property management systems, which must conform with all applicable federal. state, and local laws, rules and regulations. If an adequate system for accounting IS not in place or is not used properly, the Property Accounting System Manual Issued by the State Comptroller of Public Accounts will be used as a guide for establishing -,uch a system. [he property management system used by the SUBCONTRACTOR must meet the requirements set forth in thiS Section, (I) Property rec<)rd" must be maintained that include a description ofthe property, a serial number or other identification number, the source of the property, who holds title, the acq uisition date. and the cost of the property, percentage of state participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data mc I uding the date (' f disposal and sale price of the property (II) A phYSIcal inventory of all equIpment acquired or replaced under this Agreement shall be l'l)nducted no less frequently than once every two years and the results of such inventories reconciled with the appropriate property records. Property control procedures utilized by the S U BCONTRA( 'n)R shall mclude adequate safeguards to prevent loss, damage, or theft of the acqUlred property. \ny loss, damage, or theft shall be investigated. The C(astal Bend Council of Governments B-5 S! iBCONTRAC fOR shall develop and carry out a program of property maintenance as necessary to keep both originall) acquired and any replaced property in good condition, and w utilize proper salcs procedures 10 ensure the highest possible return, in the event such property is sold (IIn Certain types otequipment are classified as controlled assets and are subject to annual revision. In accordance with the UGMS. the SUBCONTRACTOR should contact the Texas C umptroller ofPubl1c Accounts property accounting staff or review the Comptrollers State Property Accounting User J\1anual available on the Internet, for the most current listing. Firearms shall be mamtained i)n the SUBCONTRACTORDs inventory system irrespective of cost. and the t()lluwing equipment with costs between $500 and $1,000 shall be maintained on the ll1\entoD S1 stem: (I) stereo systems. (2) still and video cameras, (3) facsimile machines, (4) V< 'R~ and VCR/TV combinations and (5) cellular and portable telephones. ('.:) The SlBCONTRACT()R mal for the purpose of replacing property acquired under this \greement. either trade in or sell the property and use the proceeds of such trade-in or sale to offset the cost of acqUIring needed replacement property (n The SUBCONTRAC fOR agrees that If a determination is made that any property acquired with funds proVided under thiS Agreement with a current per-unit fair market value of$I,OOO or more is no longer needed for the originally authorized purpose, the COG has the right to require disposition ,fthe property by the SUBCONTRACTOR in accordance with the provisions of this Article. (g) When. during the useful life of property acquired with grant funds under this Agreement by the SUBCONTRACTOR and with current per-unit fair market value of$1 ,000 or more, the property is no longer needed for the originally authorized purpose, the SUBCONTRACTOR agrees to request disposition instruction form the COCr or. If the COG is no longer administering a Regional Solid Waste Grants Program. the I'CEQ. Disposi tion instructions shall solicit, at a minimum, information cln the source and amount 0 t' funds used in acquiring the property, the date acquired, the fair market \ alue and how the value was determined (e.g., by appraisal. bids, etc.), and the proposed use of the proceeds fhe assessment ,)f whether to authorize the proposed disposition of the property must mclude a detennination that disposition will comply with the private industry provisions of -:'61.014\b) of the ITXAS HEALTH & SAFETY CODE ANN. In cases where the SUBCONTRACTOR laib to take appropriate disposition actions, the COG may direct the SUBCONTRACTOR 1(. take excess and disposition actions. The dispositions may provide for one 'If the alternatives as set forth in this Section. (I) Retain title. sell. or otherwise disposed of with no obligation to compensate the COG. (!l) Retain title after compensating the COG. If the COG is compensated by the SUBCONTRACTOR for property acquired using funds provided under this Agreement, the ('OG will in turn compensate the TCEQ or, upon authorization by the TCEQ, use those funds for other projects or activities that support this or similar future programs conducted by the COCr. The amount due will be computed by applying the percentage of state-funded par11cipation in the ~'ost of the OrIginal purchase to the fair market value of the property. (Ill i Sell the property and compensate COG. If the COG is compensated by the S U BCONTRA( 'TOR for property acquired using funds provided under this Agreement, the CO(i will in turn compensate the TCEQ or, upon authorization by the TCEQ, use those ((astal Bend CounCil olCJovernments B-6 funds for other projects or activities that support this or similar future programs conducted by the COG. The am,mnt due \\ ill be calculated by applying the COGOs percentage of partICipation It1 the cust of the original purchase to the proceeds of the sale after deduction of any actual and reasonable selling and fixing-up expenses. If the grant is still active the net proceeds from sale may be offset against the original cost of the property. When the SUBCONTRAC rOR is directed to sell the property. sales procedures shall be followed that prO\ide for competil ion to the extent practicable and result in the highest possible return. (I V Transfer title tc the COG or to a third-party designated/approved by the COG. If the SUBCONTRAC fOR participated financially in the original purchase, the SUBCONTRAC fOR may be authorized payment from the receiving party of an amount calculated by applymg the percentage of the participation in the original purchase of the property tc. the current fair market of the property. h) Items of property with a current per-unit fair market of less than $1,000 may be retained, sold or 'ltherwise disposed of b) the SUBCONTRACTOR with no further obligation to the COG. Methods used to determine per-unit fair market value must be documented, kept on file and made available to the COG upon request. l!) The COG shall include provisions in its Interlocal Agreements to implement and enforce the provisions ufthis ArtIcle. ,\rticle 7 Compliance with Applicable Laws l'he SUBCONTRACTOR shall give all notices and comply with all laws, ordinances, rules, regulations and order of any public authority bearing on the performance of this contract, including, hut not limited to. the laws referred to in this Contract. If the SUBCONTRACTOR or COG observes that this Contract is at variance therewith in any respect, the observing party shall promptly notify the other party in writ ing. and any necessary changes shall be adjusted by appropriate Contract modification. On request. the SCBCONTRACTOR shall furnish COG modification. If the SUBCONTRACTOR performs any work knowing or having reason to know that it is contrary to t .aws or Regulations. the SUBCONTRACTOR shall bear all claims. costs, losses and damages ,:aused by arising out of or resulting therefor. c\rticle 8 Types and Standards of Solid Waste Implementation Projects Local Enforcement ~.l. Funds may not be provided to any law enforcement agency regulated by Chapter415, Texas Government Code, unless: (a) the law enforcement agency is in compliance with all rules developed by the Commission on Law Enforcement Standards and Education pursuant to Chapter 415, Texas Government Code; or (b) the <- 'ommission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process '11' achieving cnmpliance with such rules. x2 When funding IS to be provided for salaries of local enforcement officers, the funds recipient must certify that at least one of the officers l1as attended or will attend within the term of the funding the TCEQ's Criminal Environmental La~ Enforcement Training or equivalent training. ~u Local enforcement vehicles and related enforcement equipment purchased entirely with funds provided Ccasta; Bend CounCil ofCovernments B-7 'lnder this ,\grc:ement may \ ;nl; be used lor acll \lties to enforce laws and regulations pertaining to littering and I Ic:gal dumping, and ma; 11"t b,.- used for other code enforcement or law enforcement activities. Vehicles and ':Ljuipmem lhat are Jnl} parti,dly funded lllust be dedicated for use in local enforcement activities for a pc:rcentage of lime equalll" the proportion of the purchase expense funded ;~4 Entities receiving fund.., f01 a local enforcement officer, enforcement vehicles, and/or related equipment for he by an enforcement officer. must invl.:stigate major illegal dumping problems, on both public and private >roperty, !ll addition to investigating general litter problems on public property. " '5 Entities '-cceiving funds to ,~onduct a local enforcement program must cooperate with the TCEQ's regional nvestigatlve staff in identifying and imestigating illegal dumping problems. Lack of cooperation with the I CEQ staff may constitute a reason to \\ ithhold future funding to that entity for local enforcement activities. 1\ 6 Fund" may not be used t,)r investigation and enforcement activities related to the illegal dumping of 'ndustrial and/or hazardom wa'ite. Instances \vhc:re industrial or hazardous waste is discovered at a site do not preclude the Investigation ;)f tl1at site, S~) long as the intent and focus of the investigation and enforcement lctivities are on the illegal dumping ofrnunicipal solid waste Utter andillegal Dumpl!2g Cleanup 8 7 Lake and River Cleanup events must be coordinated with the TCEQ's cleanup program staff and/or the Keep Texas Beautiful organization which is contracted by the TCEQ to administer the Lake and River Cleanup program X 8 Projects funded to clean up litter or Jllegal dumping on private property must be conducted through a loca] government sponsor or the PERFORMING PARTY. Funds may not be provided directly to a private landowner or other pri vak responsible party for cleanup expenses. The local government sponsor or the PERFORMING PARTY 'nust either contract for and oversee the cleanup work, or conductthe work with its O\Vn employees and equipment 8.9 The costs for cleanup nfhazardous waste that may be found at a municipal solid waste site must be funded from ,)ther sources. unless a waiver from this restriction is granted by the TCEQ to deal with immediate threats to human health 01 the environment X 10 The costs for cleanup of C'lass I nonhazardous industrial waste that may be found at a municipal solid waste site must be funded from other sources, unless a waiver from this restriction is granted by the TCEQ to deal \\ ith immediate threats to human health or the environment. The cleanup of Class 2 and 3 nonhazardous mdustnal waste that ma; be found at a municipal solid waste site may be funded in conjunction with the cleanup of the municipal solid waste found at a site. 11 11 All notification, assessment and cleanup requirements pertaining to the release of wastes or other chemicals of concern, as required under federal, state, and local laws and regulations, including 30 T AC Chapter 330. lCEC)'s MSW Rules, and 30 T AC Chapter 350, TCEQ's Risk Reduction Ru]es, must be complied with as part of (lny activities funded under this Agreement. X ! 2 All materials cleaned up using funds provided under this Agreement must be properly disposed of or otherwise properly managed in accordance with all applicable laws and regulations. To the extent feasible_ It is recommended that materials removed from a site be reused or recycled. For projects to clean up large amounts nf materials. the PFRFORMING PARTY should consider withholding at least ten (100/,,) percent oflhe reimbursements under a subgrant or subcontract, until documentation is provided that the cleanup work has been completed and the materials properly managed. Source RedLli,:tio_n~ndRecygJi l}g Ccasta; Rend Council (If Governments B-8 \ .3 Any program or project funded under this Agreement with the intent of demonstrating the use of products made fn1m recycled and/ol reused material s shall have as its primary purpose the education and training of residenb. governmental ,fficials. private entities. and others to encourage a market for using these matenal" L.ocal Sol1dW.aste Management Plans Ii 14 All local solid waste management plans funded under this Agreement must be consistent with the PERFORMING PARTY'.; regional solid waste management plan, and prepared in accordance with 30 T AC Subchapter O. Chapler 330, TCEQ Ru]es, and the Content and Format Guidelines provided by the TCE(J x 15 In selecting a ]ocal solid waste management plan project for funding, the PERFORMING PARTY shall ensure that at least \1nc year is avai]able for the completion and adoption ofthe local plan. I' 16 Local sol id waste managcment plans may not be considered for funding by the PERFORMING PARTY until the PERFORMING PARTY's regional solid waste management plan has been amended, (ltizens' l~)lIection StatiOl.!h.:'Smal]" R~stered Transfer Stations, and Community Collection Events X. 17 The design and construction of citizens' collection stations, as those facilities are defined under 30 T AC Chapter 330. TCEQ Ru]es, may be funded. The costs associated with operating a citizens' collection station once it is completed may not be funded. x j 8 The deSign and construction of small municipal solid waste and liquid waste transfer stations that qualifY for registration under ~330.4(d) or ~330.4(r), TCEQ Rules, may be funded, Other permitted orregistered transfer stations may not be funded. A municipal solid waste transfer facility may be eligible for a registral ion if it serves a municipal ity with a population ofJess than 50,000, or a county with a population of less than 85,000. or IS used in the transfer of 125 tons or less of municipal solid waste per day. A liquid waste transfer station may qualify tor a registration if it will receive less than 32,000 gallons or less per day. fhe costs associated with operating a transfer station once it is completed may not be funded. x i 9 Penodlc community collection e\ents. to provide for collection and proper disposal of non-recyclable residential waste materials for which there is not a readily-available collection alternative, may be funded. This type of proJect ma~ not include regular solid waste collection activities, such as weekly waste collectiuJl. Funded c(\llection events may be held no more frequently than four times per year, and must only be mtended to pruvide residents an opportunity to dispose of hard- to-collect materials, such as large and hulkv items that are not picked up under the regular collection system, and might otherwise be illegal1: dumped hv rl'sidl'nts Household Hazardous Waste \1anagement :-:.20 All household hazardous waste collection, recycling, and/or disposal activities must be coordinated with the TCEQ's HHW program staff. and all applicable laws, regulations, guidelines, and reporting requirements must be followed. 821 All Texas Countrv Cleanup events must be coordinated with the TCEQ's Texas Country Cleanup program staff, and ail applicable laY\s. regulations, guidelines, and reporting requirements must be followed !echnical Studies 8.22 All technical studies funded under this Agreement must be consistent with the PERFORMING PARTY's regional solid waste management plan, and prepared in accordance with Guidelines provided by the (castal Rend CounCil of (jovernments B-9 TC'EI) I;:ducational and Training PIQiects 8.23 Educational and training programs and projects funded under this Agreement must be primarily related to the management of munic1pal sol id waste, and funds appl ied to a broader education program may only be used for those portions of the program pertaining to municipal solid waste. Other Typesof Proiects R.24 If the reEQ authorizes the PERFORMING PARTY to fund additional types of projects, under the process set forth in Section 8.2.9., Program Conditions. of this Agreement, the authorization incorporated into this Agreement may include additional standards and restrictions that shall apply to use offunds for that pro1ect or type of pro! ect. ,\rticle 9 Supplemental Funding Standards Qeneral Standard~ q i The provisions of the L niform Grant Management Standards (UGMS) issued by the Office of the Ciovernor apply to the use ot these funds, as well as the supplement financial administration guidance established hy the TCEQ tu be applied under all contracts, TCEQ Allowable Expenditure Guidelines. l; 2. ReCipients offunds under this Agreement. including the PERFORMING PARTY, subgrant recipients, and subcontractors shall comply with all applicable state and local laws and regulations pertaining to the use of state funds, including laws concerning the procurement of goods and services and competitive purchasing requirements q. 3. Funds may not be provided through a subgrant or subcontract to any public or private entity that is barred from participating in state contracts b~ the Texas General Services Commission, under the provisions of 15507". (iovernment Code. and I T A.C ~ 113.02. GSC Regulations. Cf4. Public and private entities subject to payment of state solid waste disposal fees and whose payments are in arrears may not recc..ive funds under this agreement through either a subgrant or subcontract. C) 5. In accordance with S361.11l4(b), Texas Health and Safety Code, and 30 TAC S330.569(d), TCEQ Rules, a project or service funded under this Agreement must promote cooperation between public and private entities and may not be otherwise readily avai lable or create a competitive advantage over a private industry that provides recycling or solid waste services. I J nder this definition. the term private industry included non-profit and not-for-profit non-governmental entities. u6. All equipment and facilities purchased or constructed with funds provided under this Agreement shall be used for the purposes intended in the funding agreement. ',I 7. A project or service funded under this Agreement must be consistent with the PERFORMING PARTY's approved regional solid waste management plan, and must be intended to implement the goals, objectives, and priorities established in the regional plan. 98. Funds may not be used to acquire land ()J an interest in land. y 9. Funds may not be used to supplant existing funds. In particular, staff positions where the assigned functions will rema1l1 the same and that were active at the time of the funding application or proposal, and were Ccasta! Bend Council of (jovernments B-I0 'unded from a source othel that a previe1us solid waste grant. may not be funded. ) 10. Funds may not be us~d f)r food OJ entertainment expenses. include refreshments at meetings and other tunctions This provision does not apply to authorized employee per diem expenses for food costs incurred ,...hile on Ira\ el status. q I ]. Funds may not be used f()f payment or salaries to any employee who uses alcoholic beverages on active juty. Funds may not be used for the purchase of alcoholic beverages, including travel expenses reimbursed l\ ith these funds C! 12. Funds may not be us~d for emplo) ment or otherwise contracts for services of a lobbyist or for dues to an 'rganizatlon which employs 0: otherwise contracts for the services of a lobbyist. ., 13. Funds may only be used for projects or programs for managing municipal solid waste. ,) 14. Except as may be specifically authorized in this Article or elsewhere in this Agreement, funds may not be used t(-'f projects or facilities that require a permit from the TCEQ and/or that are located within the boundaries "r a permitted facility, including landfills. wastewater treatment plants, or other facilities. This restriction may be waived by the TCEQ. at its discretion. for recycling and other eligible activities that will take rlace within the boundaries 01 a permitted facility. The applicant and/or the PERFORMING PARTY must request a preliminary determination from the TCEQ as to the eligibility of the project prior to the project being ,onsidered for funding by the PERFORMINCi PARTY Li 15. Projects or tacilitie.;; requiring a registration from the TCEQ, and which are otherwise eligible for funding, must have received the registration before the project funding is awarded. li 16. Except as may be specifically authorized in this Article or elsewhere in this Agreement, funds may not be used for activities related te. the collection or disposal of municipal solid waste. This restriction includes: solid waste collection and transportation to a disposal facility; waste combustion (incineration or waste-to- L'nergy); processing for reducing the volume of solid waste which is to be disposed of; landfills and landfill- related facilities. equipment. or activities. including closure and post-closure care ofa permitted landfill unit; or ,ther activities and facilities a~sociated with the disposal of municipal solid waste. '.j i 7. Funds may not be used to assist an entity or individual to comply with an existing or pending federal, state, or local Judgemem or enforcement action This restriction includes assistance to an entity to comply with an order to dean up and/or rernediate problems at an illegal dump site. However, the TCEQ may waive this restrictions. at its discretion and on a limited case-by-case basis, to address immediate threats to human health ;r the enviwnment and where it is demonstrated that the responsible party does not have the resources to ,omply with the order q 18. Funds may not be used tu pay penalties imposed on an entity for violation offederal, state, or local laws and regulations. Th is restricti{ \n includes expenses for conducting a supplemental environmental project (SEP) under a federal or state order )r penalt\. Funds may be used in conjunction with SEP funds to support the '-ame projeC1 \rticle 1 0 Funds in the MSWDTRF a) It is the understanding A the parties that the source of the funds provided by the COG is the \1unicipal Solid Waste Disposal and Transportation Revenue Fee (MSWDTRF). Due to demands upon that source for funds necessary to protect the health and safety of the public, it is possible that the funds contained in the MSWDTRF will be depleted prior to completion of this Agreement. The parties agree that all funding arranged under this Agreement is subject to sufficient funds in the \1SWDTRF. The SUBCONTRACTOR shall place this notice in all subgrants and subcontracts. ('castal Bend Council of (iovernments B-ll \ rticle 1 Cont11ct ()fInterest ['he SUBCONTRACTOR shall notify the COG immediately upon discovery of any potential or actual conflict of interest. The SUBCONTRACTOR agrees that the COG and/or the TCEQ have sole discretIon to determine whether a conflict exists and that the COG and/or the TCEQ may ;erminate the Agreement at any time. on the grounds of actual or apparent conflict of interest. a i\otice o!(on/!icl ofIn/erest: The SUBCONTRACTOR shall notify the COG in writing or any actual. apparent, or potential conflict of interest regarding any individual performing or having access to mformation regarding the work. As applicable, the notification shall incl ude both ",rganizational cont1 icts or interest and personal conflicts of interest. Any individual with a personal conflict of interest shall be disqualified from taking part in any \\ a) tn the performance of any work that created the conflict of interest. \rticle 1 .~ Authorized Representative~. a) The COG hereby deSIgnates the person in Exhibit B-1, Project Representative, as the individual authorized to give direction to the Sl TBCONTRACTOR for the purposes of this Contract. The COG Project Representative shall not be deemed to have authority to bind the COG in contract unless the I xecutive Director of the COG has delegated such authority. ! b) ImmedIately upon receiving the Purchase Order or Notice of A ward, the SUBCONTRACTOR shall identity. as its Project Representative. the person authorized to receive direction from the COG, tt) manage the work being performed. and to act on behalf on the SUBCONTRACTOR. The SUBCONTRACTOR'S Project Representative shall be deemed to have authority to bind the "UBCONTRACTOR in contract unless the SUBCONTRACTOR, in writing, specifically limits or denies sucn authority to the SUBCONTRACTOR'S Project Representative. ! C) Either party may change its Project Representative In addition. the Project Representative of either part) may further delegate his or her authority as necessary. including any delegation of authority to a ne~ Project Representative. rhe party making the change in Project Representative shall provide written notice of the change to the other party. ! d) The Sl 'BCONTRACT()R shall ensure that its Project Representative, or his or her delegate, is available at all times for consultation with the COG. ('c.astal Bend Council of (iovernments B-12 Exhibit H The COG deslgnate~ the individual named below as the Project Representative for COG: Name: Rebecca Martinez. Environmental Coordinator Address Cnastal Bend Council of Govemments PO. Box 9909 C\)rpus Christi. TX 78469 TEL (361) 883-5743 FAX: (361) 883-5749 The SUBCONTRACTOR designates the individual named below as the SUBCONTRACTOR's ProJect Representative. The SUBCONTRACTOR's Project Representative is the person authorized to receive direction from the COG, to manage the work being performed, and to act on behalf of the SUBCONTRACTOR: Name: Paul Bass Address PO Box 9277 Corpus Christ. Texas 78469 TEL 361-826-1968 FAX: 361-826-1971 Coastal Bend Council of Governments Exhibit B Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement Work Program of SUBCONTRACTOR Exhibit C Goal I: Fn~ure the proper management and disposal of municipal solid waste. I.~ Local Enforcement and litter and illegal dumping cleanup - Support local efforts to identifY areas with litter and illegal disposal problems, implement enforcement and other programs to address Tl10se prohlems, and promote the management and cleanup of litter and illegal dumpsite, Objective 1: H ire Local Enf(\rcell1ent Officer Task I a: Hire Local Enf,-,rcement Officer Objective 2: Report the progres, of the we,rk program task and measure of program effectiveness. Task 2a: Turn in Summary Reporb (Form PT -S l) to identifY progress of the project in three-month intervals. Tllne Frame: Summary Report due June 15.2006 (to report on March, April, May) and September 15,2006 (to report on June, Jul} Au:!ust). 1 ask 2b: rum III Results Reports (Form PT-RI) 10 identifY specific results being accomplished by the implementation of your Droject T !me Frame Results Report due June 15. 2006 (to report on March, April, May) and September 15,2006 (to repon on June, July Au:!ustL -[ ask 2c Turn in Financial Status/Reimbursement Requests (Form PT-Fl, PT-F2, and supplemental documentation as identities in the Special (~ontract Provisions (Attachment B) section, Article 3(b) 5, located on page H-2 Tltne Frame: Financial Status Report Reimbursement Requests due June 15, 2006 (to report/request reimbursement for Mart h, April, May) and September 15,2006 (to report/ report/request reimbursement for June July. .Augu~t) (""asta! Bend Counci I of Governments Exhibit C Coastal Bend Council of Governments Solid Waste Grant lnterlocal Agreement Schedule of Deliverables from SUBCONTRACTOR Exhibit 0 rask 4a: Summary Report June 15,2006; September 15,2006 June 15,2006; September 15,2006 June 15,2006: September J5,2006 rask 4b Results Report rask 4c: Financial Status Report. Reimbursement Request ('castai Bend Council of Clovernments PT-S Forms PT-R Forms PT-Fl, PT-F2, and -l L~upplemental documentatio~ Exhibit D Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement Subcontractor Budget and Authorizations Exhibit E Cost ...- $10,380.00 $10,380.00 i Description 1-. ._______ Salary TOTAL COdstal Bend Council of Ciovernments Exhibit E