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HomeMy WebLinkAboutC2006-141 - 4/25/2006 - Approved COASTAL BEND COUNCIL OF GOVERNMENTS SOLID WASTE GRANT INTERLOCAL AGREEMENT Scrap Tire 06-20-G 17 I'he Coastal Bend Council of Governments (COG) has received a grant through a contract with the rexas Commission on Environmental Quality, which authorizes COG to redistribute solid waste fees to support local and regIonal solid waste projects that are consistent with the regional solid waste management plan This mtcrlocal agreement is a subcontract ofthe COG's contract with the TCEQ, lunds for thIs agreement ClIme from Solid Waste Disposal and Transportation Fees. !he CO(r and the SUBCONTRACTOR certify that they have authority to perform the services cuntracted [()r by authority granted 1I1 The Interlocal Cooperation Act," Texas Government Code, ('hapter 79 j ihis lnterlocal Agreement IS 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: Thc Council ()f GO\ 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 Provlsiom" III. SERVICES TO BE PERFORMED: Sec'Attachmenl C Work Program of SUBCONTRACTOR" & "Attachment D - Schedule of Deliver abies from SUBCONTRACTOR" IV. BllDGET AND PAYMENT PROCEDllRES: See "Attachment E .. SUBCONTRACTOR Budget and Authorizations" COUNCIL OF GOVERNMENTS SUBCONTRACTOR Coastal Bend Council of Governments City of Corpus Christi Ii / ~a~ Director, Streets and Solid Waste :ft ! J -, /i ohn Buckner Fxecutive Director I latc' . ~. -- Date' V ~({RS.1J.~} . AUl tlUl<ii1.. CCclsta! Bend Council of(jovernmen~Y rll'UIllCh_.~(.-1:5i~ 1 /J(.. -- - -.- ---.-.... -....--.--....~ (k-- c:.r('~~~HRV 2006-1..n 04/25/06 Res026748 ( ()(, Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement Table of Contents A (jeneral Contract Provisions Article I Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 1U Article Il Article 12 Article ] .~ Article ]..t Article ] 'i Article ] 6 Article] 7 Article ] 8 Article I\) Article 20 Article 2 I Article 22 Article 23 Article 24 Article 25 Article 26 Article 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 Termmation Severability Intellectual Property Equal Opportunity and Affirmative Action ADA Requirements Utilization of SmalL Minority, and Women's Business Enterprises Energy Efficiency Standards Acknowledgment of Financial Support Data and Publicity Hazardous Substances, Waste Disposal, and Manifests Statues Relating to Nondiscrimination Oral and Written Agreements Safety and Protection Force Majeure Entire Contract B Special Contract Provisions Article 1 Article 2 Anicle 3 Article 4 Anicle 5 Article 6 Article 7 Article 8 Article 9 Article ] 0 A.nicle 11 Anicle 1 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 Authorized Representatives CCHstal Bend Counci I of C,overnments 2 \\'ork Program (if SUBCONTRACTOR 1). Schedule of DelIverables from SUBCONTRACTOR F SlJBCONTRAC rOR Budget and Authorizations Coastal Bend Council of Governments 3 Coastal Bend Council of Governments Solid Waste Grant lnterlocal Agreement General Contract Provisions Attachment A \rticle 1 Legal /\uthority rhe SUBCONTRACTOR and COG shall conduct the activities funded under this agreement in accordance with all provisions of this agreement, including all applicable state and local laws, rules, regulations. and guidelines The main governing standards include, but may not be limited to the following: ( ) 361014, TEX. HEALTH & SAFETY CODE: (2) 330.569 ()fthe TCEQ Municipal Solid Waste Regulations (30 TAC Chapter 330); and L~ ) The Uniform Grant and Contract Management Act, TEX. GOVT CODE, 783.001 et. seq.. and the Uniform Grant and Contract Management Standards, 1 Texas Administrative Code (TAC).5.141 et. seq. (collectively, UGCMA). \rticle :2 Sc\)pe of Services "he services to be performed by the SUBCONTRACTOR are outlined in the General Contract Provisions (Attachment A I, Special Contract Provisions (Attachment B), Work Program of SUBCONTRACTOR (Attachment C), Schedule of Oeliverables from SUBCONTRACTOR I A.ttachment 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- word this Contract (Agreement). \rticle " 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 sol id waste projecb consistent with the regional solid waste management plans approved by the TCEQ and to update and maintain those plans. ib) Under the overall goals of the funding program established under 361.014(b), TEX. HEALTH \ND SAFFTY CODE. the more specific purposes of this Agreement are: ] 10 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 admmister 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, 10 conduct vanous COG - managed projects. CC'>Jsta! Bend Counci I of (,overnments A-I \rticle 4 Eligible Applicants/RecIpients ( a) Eligible Pass- fhrough Grant 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 eltie". (II) Counties: ( IIi PublIC schools and school districts (does not include universities or post secondary educational institutions); and (IVI Other general and special law districts created in accordance with state law, and with the authority and responsibility for water quality protection or municipal solid waste management, to include river authorities. ( \ ) Council 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 recei\ e 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 coei shall allow a potential pass-through grant applicant that is listed as being in arrears in its lee payments the opportunity to provide documentation of payment ofthe fees owed the stall'. 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 tu be eligible 10 receive pass-through grant funding under this agreement. The COG shall notlt')' 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 i\11lcle 7 7.6 \.flCIQ Contract Nt) 582-4-65529, \ rticIe 5 Responsibility of the Subcontractor (a) The Sl BCONTRACTOR shall be responsible for the professional quality, technical accuracy, tImely completion, and the coordination of all services and other work furnished by the SUBCONTRACTOR under this Agreement, as set forth in Attachment C of this Agreement. (b) The Sl'BCONTRACTOR 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. (C) The COG may require the SUBCONTRACTOR to correct or revise any errors, omissions, or \lther deficiencies in any reports 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. (d) Neither the COG's revinv, approval or acceptance of: nor payment for any of the services shall he construed to operate as d waiver of an!, rights under this Agreement or of any cause of action Coastal Bend Council of Covernments A-2 arising out l d the perfc)fJllance of this Agreement; and the SUBCONTRACTOR shall be, and remain, l1able in accordance \\ith applicable law for all damages to the COG including reasonable attorneys' tees and court costs caused by the SUBCONTRACTOR's negligent performance of any of the services furnished under this Agreement. i C i The obligations of the SUBCONTRACTOR under this Article are in addition to the I..;UBCONTRACTOR's other express or implied assurances under this Agreement or applicable law. i f) 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. i~.i The SUBCONTRACTOR shall he responsible for the management and fiscal monitoring of all of their subcontractors and subgrantees The SUBCONTRACTOR shall monitor its subcontractors and subgrantees as necessary to ensure that their subcontractors and subgrantees are operating ~\lnsistentl: with applicable laws and regulations, applicable contracting policies, and this \greement rhe SUBCONTRACTOR shall ensure that their subcontractors and subgrantees comply \\ith all recurd 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. the SUBCONTRACTOR. SUBCONTRACTORS subcontractors and SUBCONTRACTORS subgrantees shall mall1tain detailed records \rticle 6 Licenses. Permits and L.l\VS !'he SUBCONTRACTOR shall, except as otherwise provided in this Agreement, be responsible for \lbtaining 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 \greement \nicle 7 Uniform Grant and Contract Management Act rhe proviSIons of the l niform Grant and Contract Management Act ("UGCMA") apply to this Agreement to the extent required by law. Article 8 Release nfClaims 1 ;pon satisfactory completion of the work performed hereunder and prior to final payment under this \greement 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 ('OG a release of all claIms against the COG arising under or by virtue of this Agreement. \rticle 9 Insurance and Liability SUBCONTRACTOR shall maintain insurance coverage for work performed or services rendered under this contract as specitied in the Special Provisions. SUBCONTRACTOR understands and agrees that it shall be liahle 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 \ 1Olation of the terms of this Agreement. Coastal Bend Council ofCiovernments A-3 :\rticle 10 Accounting Systems rhe SUBCONTRACTOR shall have an accounting system which accounts for costs in accordance "vith generally accepted acc,mnting 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 I Audit Access to Records (a) The S U BCONTRA( 'n)R shall maintain and make available for review, inspection and/or audit hooks, records, documents. and other evidence reasonably pertinent to performance on all work under this Agreement, 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 financiai information and data used by the SUBCONTRACTOR or its designee i mcluding mdependent tinancial auditors) in the preparation or support of any cost submission or ~ ()st (direct and indirect). pnce or profit analysis for this Agreement or any negotiated subagreement 'r change order and a copy (,[the cost summary submitted to COG. The COG, Texas State Auditor's ( )ffice, or any of COG's duly authorized representatives, shall have access to such books, records, ,h)cuments and other evidence for the purpose of review. inspection and/or audit. During the ~onduct Ilf dny such rev,ew. audit or inspection. SUBCONTRACTOR's books, records, and other pertinent documents may, upon prior conference with the SUBCONTRACTOR, be copied by the lOG or am of its duly authorized representatives. All such information shall be handled by the parties in accordance \vlthsood business ethics. The SUBCONTRACTOR shall provide proper tacilities wlthin the State of Texas L)r such access and inspection. , b) Audit:-. conducted under this prO\ision shall be carried out in accordance with State law, regulations and policy. and generally accepted auditing standards and established procedures and guidelines ,)1' the revievving or audit agency(ies). ( c) The S l' BC01\TRA( '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 afford the SUBCONTRACTOR an opportunity for an audit \.'Xlt conference and an opportunitv to comment on the pertinent portions of the draft audit report I dl Records under Section (a) of this Article shall be maintained and made available during the c:ntire period of perfC)f]llanCe of this Agreement and until three (3) years from date of final COG payment for the project III addition. those records which relate to any dispute, litigation, or the "ettlement \)1' claims arismg 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 .f all issues which arise from it. or until the end of the regular three-year period, whichever is later. ,e J Access to records IS not limited to the required retention periods. The authorized representatives designated It1 Section (a) ot this Article shall have access to records at any reasonable time for as kmg as the records are maintained. COlstai Bend Council of (iovernments A-4 n The right to audit and ,lccess tc records Article applies to financial records pertaining to all subagreements and all subagreement change orders and amendments. In addition, this right of access c.tpplies to al I records pertainmg to all subagreements. subagreement change orders and subagreement C1mendments to the extent the records reasonably pertain to subagreement performance; if there is any indication that fraud. grnss abuse OT corrupt practices may be involved; or if the subagreement is terminated lor default or fot convenience i. gl The COG reserves the right to require the reimbursement of any over-payments determined as a result of any audit or inspection of records kept by the SUBCONTRACTOR on work performed under thIs Agreement ( h I The SUBCONTRACTOR shall I11clude Sections (a) through (g) of this Article In all subagreements and al] change orders directly related to project performance. \rticle 12 Independent Financial Audit rhe SUBCONTRACTOR shall adhere to 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 repurt. 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 subcontractors. \ rticle 1 -, Changes (a) A Major Change will include one or more of the following: ( I ) an ll1crease or decrease in the amount of compensation to the SUBCONTRACTOR; (..:') an extension or shortening of the term of the Agreement; (3) a slgm ficant change in the scope ofthe 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 COG (b) Implementation of a Major Change must be preceded by a formal written amendment to the '\greement 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 authurity of the Executive Director of the COG also requires the consent, at \genda. of a majority 0 I' the CBCOG Gov eming Board. i 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 SUBCONTRACTOR and the COG. Id) If the SUBCONTRACTOR requests a Minor Change and the Project Representative of the COG does not approve the request as a Ml110r Change. then the change shall be deemed a Major Change C,,'ISlal Bend Council ofC,overnments A-5 ,md the st BCONTRA~.'T()R may only obtain authorization to proceed In accordance with .....ection (b) \)fthis Article. e) If the SUBCONTRACl OR makes any changes in personnel whose salaries are funded by this c!rant, SUBCONTRACTOR must give COG prior notification and obtain prior approval from COG. I) An) alterations, additi(lns, or deletions to the terms of this contract which are required by ..:hanges 111 Federal law ur regulations are automatically incorporated into this Agreement without IV ritten amt'ndment 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, "I'BCONTRACTOR may terminate its participation herein as authorized by Article 14. 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 Termmatlon a) This Agreement terminates upon full performance of all requirements contained herein, unless ~xtended in \'\'fiting. ,b) 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 to ful fi II its obligation under this Agreement through no fault of the terminating party. Failure on the part of the SUBCONTRACTOR to comply with the conditions ~et forth in the agreement shall be the basis for termination of the agreement ami/or the revocation of any unexpended or inappropriately expended funds. Provided that no such termination may be ('fleeted unless the other party is given: (1) not less than ten (10) days vvTitten notice (delivered by certified mail, return receipt requested) of intent tn 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 (delivered by certified mail, return receipt requested) of intent to terminate. I d) If termination for default under Section (b) ofthis Article or termination for convenience under Section (c) ()fthis 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 t,., the termination, m addition te! termination settlement costs reasonably incurred by the SUBCONTRACl 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 SUBCO~TRACTOR shall Co!!stal Bend Council of Ciovernments A-6 () promptly discontinue all services atTected (unless the notice directs otherwise); and C) 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. t) Upon terminatIon under Sections (b) and (c) of this Article, the COG may take over the work and rrosecute the same to completion b~ agreement with another party or otherwise. i g) If. atler termination Jor 1ailure of the SUBCONTRACTOR to fulfill contractual obligations, it is determined that the StfBCONTRACTOR had not so failed, the termination shall be deemed to have been effected for the convenIence of the COG. In such event, adjustment of the price provided for in this Agreement shall be made as prc1vided in Section (d) of this Article. ! hi If any delay or f<ulure 01 performance is caused by a FORCE MAJEURE event as described in the Article 27 of this Appendix. the COG may in its sole discretion terminate this Agreement in whole or part under this Art Icle. \. rticle 1 .;:; Severabilit: \.11 parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such de term ination shall not affect any other term of this Agreement, which shall continue in full force and effect. Article 16 [ntellectual Property i a) For the purpose of this Article, "intellectual property" refers to 1) any discovery or invention for which patent rights ma~ be acquired, and 2) any photographs, graphic designs, plans, drawings, specifications, computer programs. technical reports. operating manuals, or other copyrightable materials. and 3) any 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 the use or possession in the performance ofthe work or the incorporation in the w()rk of an: Intellectual Property I. c) Disclosure of Intellectual Property Produced during the work. The SUBCONTRACTOR shall promptly notify the COG of all Intellectual Property which the SUBCONTRACTOR, including its \:mployees. subcontractors. ,Jr subcontractors employees may produce, either solely or jointly with ,)thers, dUflng the course of this work. In addition, the SUBCONTRACTOR shall promptly notify the COG of all Intellectual Property to which the SUBCONTRACTOR may acquire rights in -:lmnection with the performance of the w()rk. Any notification under this paragraph shall contain sufficient technical detail tt) convey a clear understanding of the Intellectual Property, and shall identify an) publication. sale, public use, or impending publication. Promptly upon request, the SUBCONTRACTOR shall supply such additional information as the COG may request. i d) In perfl\rming work under this Agreement, the SUBCONTRACTOR shall comply with all laws, rules, and regulations rdatlllg 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 (,usta Rend Council ()f (ll)\'ernments A-7 ~,.)urse ot performmg tht' wurk it will not use or possess any Intellectual Property owned by a third party without paying an) required royalty c)r patent fees SUBCONTRACTOR warrants that it has full title m and ownership \)f the Intellectual Property and any enhancements, updates or other modifications, or That it has full power and authority to grant all licenses granted herein, and that ~uch license use by the COG will III no \\ay constitute an infringement or other violation of any Intellectual Property nght oj 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, '01;.'11, transfer. assign. license, or subltcense, products that are licensed or provided hereunder to the ( OG by the SlIBCONTRACTOR. Except as pennitted in the Agreement, SUBCONTRACTOR "hall not create L)r permi t the creation of any lien. encumbrance, or security interest in the work or jny part thereof. or any product licensed or provided hereunder to COG for which title has not yet passed tl' C()G. \\ ithout the prior \\fitten consent of COG. SUBCONTRACTOR represents and warrants to COG that neither it nor any other company or individual performing the work is under emy obligation to assign llr give to any third party any Intellectual Property rights granted or assigned ) COG. 'II' reserved by ('OC I. pursuant to the Agreement. It shall hold the COG harmless for, and to !he extent permitted by the aws and Constitution of the State of Texas. defend, and indemnify the OG agalllsL any claim~ for infringement related to its work under this Agreement. <,:' i Grant and License With respect to such Intellectual Property as is (i) incorporated in the work 'lther than Intellectual Property for which COG already possesses equal or greater Intellectual Property Rights by virtue of this Agreement or othenvise), (ii) produced by SUBCONTRACTOR or .....lIBCONTRACl ORS cmployees. subcontractors. or subcontractorOs employees during the course f perform ing the work. ')1' ( Iii) speci Rcally identified in the Supplemental Conditions as Intellectual Property t.., whieh Intellectual Property Rights are granted pursuant to this paragraph, \", UBCON'l RACT OR herebv grants to COG (i) a nonexclusive, perpetual, irrevocable, enterprise- \vide license to reproduce. publish. olr otherwise use such Intellectual Property and associated use documentatIon. and (ii) a nc,nexclusive. perpetual, irrevocable. enterprise-wide license to authorize ,thers to reproduce. publish or otherwise use such Intellectual Property for COGs purposes. if) ModIfication; Derivative Works. COG shall have the right, in its own discretion, to mdependently modify any Intellectual Property to which license is granted herein for COGDs own purposes and use. through the servic~s of its own employees or independent contractors. COG shall wn all Intellectual Property to such modifications. SUBCONTRACTOR shall not incorporate any such moditications into ItS Intellectual Property for distribution to third parties unless it first obtains license fr~)jn COG (g) SUBCONTRACTOR ~xpressly acknowledges that state funds may not be expended in connection with 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 COG that the technology provided to the COG for purchase is capable, either by virtue of feature ll1cluded WI thin the technology or because It is readily adaptable by use with other technology, of (1) providing equivalent access for effective use by both visual and nonvisual means; (2) presenting i nformatiol1. including prompts used f('r interactive communications, in formats intended for nonvisual LIse; and (:3) being integrated into networks k)r obtaining. retrieving, and disseminating nformation used by individuals who are not blind or visually impaired. For purposes of this paragraph. the phrase eq uivalent access means a substantially similar ability to communicate with or make use of the technl)logy. either directly by features incorporated within the technology or by other reasonable means sLlch a<, assistive deVlces or services which would constitute reasonable C."lsta! Bend COLlnci I of Co\'ernments A-8 tccommodatlon under the !\mericans with Disabilities Act or similar state or federal laws. Lxamples of methods b) which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and ustomized displav appearance. h SUBCONTRACTOR will include in all subcontracts a provision similar in effect to the tn lowing year 2006 Warranty as set forth in the Section. (1) 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 \\ lth the wnrk. SUBCONTRACTOR warrants that the work meets all applicable standards (\ f 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 SUBCONTRACTOR is provided written notice thereof~ SUBCONTRACTOR shall at its sole expense immedlately cause such work to become Year 2006 Compliant in a manner that will minimize interruption to ongoing business processes, time being of the essence. ! ) The S I fBCONTRAC rOR shall include provisions to effectuate the purposes of this paragraph in a II subcontracts and subgrants under this Agreement in the course of which Intellectual Property may he produced or acquired \ rticle 1 -, r:qual 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 "rigin 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 -+ I 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 henefit of. ()r be subject to discnmination under any program or activity funded in whole 'r part under this Contract. ,\rticle 18 ADA Requirements rhe SUBCONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act of 199(L 42 U.S.c. 00 12] 01 - 12213. \rticle 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 opportunitv to participate in the performance of this Agreement. \rticle 20 Energy Efficiency Standards The SUBCONTRACTOR shall follow 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) CDistal Bend Council of (jovernments A-9 ,\ rticle 21 Acknowledgment of Financial Support rhe SUBC()NTRACTOR shall acknowledge the financial support of the TCEQ and COG whenever ,york funded, in whole or part, by this Agreement is publicized or reported in news media or publications. All reports and other documents completed as a part of this Agreement, other than Jocuments prepared exclusively for mternal use within the COG, shall carry the following notation 10 the from cover or title page: r'.xample P REPARro'D IN COOP ERA nON WITH THE TEX4S ( 'OMMISSIU\ ON ENVIRONMENTAL QUALITY IR 7he preparation of this report .t'Gsfinanced through grantsji'om the State of Texas through the f'exas Commission on Environmental Qualizv /\rticle 2:2 Data and Publicity t\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. OOV'T CODE 552, Upon termination of this Agreement, all copies of data and information shall be furnished, at no charge to the COG, upon request, to include data bases prepared using funds provided under this Agreement, and become the property 01" the COO. Except as otherwise provided by the Agreement or the Act, the SUBCONTRACTOR shallnot proVIde data generated or otherwise obtained in the performance of ils responsibilities under thIS Agreement to any party other that the COG, State of Texas, and its authorized agents. \rticle n Hazardous Substances. Waste Disposal. and Manifests rhe S UBCONTRA ero R and their subcontractors and subgrantees must comply with all applicable I .aws and Regulations, including but not limited to those relating to hazardous substances, waste disposal. and manifests. :\rticle 24 Statues Relating to 1\ondiscrimination The SUBCONTRACTOR shall comply with all applicable state and federal statues relating to nondiscrimination vvhich include. but are not limited to, those listed in the Uniform Grant Management Standards. \rticle 25 Oral and Written 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 V\-Titing and are contained in this Agreement. Article 26 Safety and Protection COlstal Bend Counci I of Ciovernments A-tO \Vhere appllcable, the Sl BCONTRACTOR shall be responsible forrequiring its subcontractor and 'lubgrantees to mamtam and supervise all necessary safety precaution and programs in connection --,ith the w(\rk. The SUBCONTRACTOR shall take all necessary safety precautions. \rticle n Force Maleure I iJ the extent that elther 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 denees oior restraints by a government instrumentality, acts of God (exceptthatrain, wind, !lood or other natural phenomena nonnally expected for the locality shall not be construed as an act ,f God), wnrk stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, ['cbellion. and sabotage, ;n such event. the time for the performance of such obligation or duty shall he suspended until the disability to perform is removed Determination of force majeure shall rest solely w1th the COci '\Jo time l.?xtension shall be granted under this Article unless the party seeking reliefhas notified the either in writing within a reasonable time after commencement ofthe event, of the anticipated length and cause of delay, the measures taken or to be taken to minimize the delay, and the timetable by \\ hich the S! 'BCONTRACl OR intends to implement these measures. The party seeking relief shall also give written notice (,fthe ending ufthe event within a reasonable time after the event has ended. \rticle 2 X L mire C (llltr,lct lhis Agreement, including /\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 '1' oral. CO,lstal Bend Counci 101' (JciVernments A-II Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement Special Contract Provisions .\ttachment B ,\rticle ] Period of Performance Ihe period of performance \)fthis agreement begins on March 10.2006 and ends on AU2ust 31. 2006 ,\ rticle 2 Scope \)1' Services : J) All parties agree that the SUBC( )NTRACTOR. in consideration of compensation described in this Attachment and SUBCONTRACTOR Budget and Authorizations (Attachment E of this ;\greementl. 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 SIJBCONTRACTOR (Attal'hment )) of this Agreement). hI The S U BC01'\TRAC 'TOR agrees to implement the Project according to the agreed upon budget shown in Attachment E ,Jf this agreement. \rticle 3 COG Obligations a) Measure of Liabilit} I n consideration of full and satisfactory 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: ] ('OG is not liable for expenditures made in violation of "General Provisions for Texas Commission on Em ironmental Quality's Standards Applicable to Implementation Projects and Supplemental Funding Standards",as described in Articles 8 and 9 of this Agreement, which outline prohihited activities as defined by the Texas Commission on Environmental Quality (TCEQ) 2 COG is not liable for any costs Incurred by SUBCONTRACTOR in the performance of this agreement. whlch have not been billed to COG within thirty (30) days following termination of this agreement. 3. COG is not liable to SUBCONTRACTOR for costs incurred or performance rendered by SUBCONTRACTOR for costs incurred by SUBCONTRACTOR before commencement of this agreement Of after termination of this agreement. 4. Fxcept as specifically authorized 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 Circular A-87 ('o,\stal Bend Counci I of Ciovernments B-1 5 l\li 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 Agrl'ement, will survive final payment. completion of the work and termination or completion of thl' Agreemen!. h} Method and Schedule 0 r Payment 1 Payments Pa:vments 10 pass-through grant recIpIents may be made only on a rennbursement basis Upon review and approval of each financial report, COG will make payment tei SUB('ONTRACTOR 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. lobe 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 liqUIdated no latc'r than forty-five (45) days after the end of that time period. ~ r"inancial reporting: -rhe C'()G shall provide financial status report forms and supplemental forms to be submitted by SUBCONTRACTOR at least quarterly and/or with each request for reimbursement to itemize expenditures by budget category. Allowable expenditures are set forth in\rticles 8 and 9 of this Agreement. The COG shall review all materials pro\ided by the SUBCONTRACTOR with a request for reimbursement, and shall nl)t make a reimbursement payment unless all required items have been provided and are deemed to be accurate. 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 to shov> that the work was indeed performed and that the expense was, in fact, incurred. In addition, the documentation should also support the fact that the expenditure v,as reasonable and necessary to this Agreement. 5 Documents that should be maintained, as appropriate for the expense, include by category, the records listed below. a. SALARy!W AGES Time sheets that have been signed and approved. b. 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. EQUIPMENT Purchase orders. invoices, and canceled checks. d. SlPPLll S Purchase orders (if issued), invoices, receipts, and canceled checks. Coastal Bend Counei I of Clovernments B-2 e Sl'RC01\ rRAeTS 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 CONS rR TCTION All applicable documentation required for Equipment, Salary, Supplies and Subcontractors. g OTHt. R Purchase orders. invoices, receipts, and canceled checks, 6 \ll expenditures under the equipment. construction, or subcontract budget categories must be approved in advance by the COG. Further. for any "other" category expenses not speci fically spelled out in this Il1terlocal contract, the contract shall require that the S [ TBCONTRAC fOR 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 speCifically 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 written approval from the TCEQ to provide such authorization. 8 [1' 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 COC, 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 COG's financial monitoring program. the coe; will review those records and provide the SUBCONTRACTOR a written summary of the findings of that review. The COG will also allow the SUBCONTRACTOR reasonable time to respond to any findings of noncompliance ()!' other problems identified by the records review. ') The COG shall not reimburse or otherwise make payment to SUBCONTRACTOR for an expenditure that is not authorized under this Agreement. If it is determined, by either the COG or the TCEQ that an expenditure that was reimbursed is not an authorized expense, the COG shall request return and reimbursement of those funds from the grant recipient or, \vhere appropriate, the application of those funds to other authorized expenses, and shall not prOVide any additional reimbursements to the pass-through grant recipient until the funds are returned or are appl1ed to other authorized expenses. 1 n. The SUBCONTRACTORS contractual costs must comply with allowable costs requirements SUBCOKfRACTORS which are governmental entities must engage in contractor selectIOn on a competitive basis in accordance with their established policies. If SUBCONTRACTOR has 110 competitive procurement policy or is a private entity, SUBCONTRACTOR must generally select contractors by evaluation and comparison of price, quality of go.)ds or services and past performance. All subgrants awarded by the S UBCONTRACT()R under this Agreement shall be in accordance with Subpart C, Sec._.37, C CJsta, Bend Councl i of (Jovernments B-3 Subsection (b) ,)f the State llntfarm Administrative Requirements for Grants and (\)operative Agreements as set tarth in Part III of the Uniform Grant Management Standards adopted b) the GovcmorOs Office \)f Budget and Planning. ,:) SUBC( >NTRACTOR ( lose Out Report '\,0 later than thirty (30) days following the termination of this agreement, SUBCONTRACTOR must submlt a COG Contract Close Out Report according to written instructions from COG. \rticle 4 Reporting Requirements a) The SCBCONTRACTOR shall prepare and submit to the COG. a quarterly written progress report concerning perf()rmance under this Contract. Such progress reports shall document dccomplishments and units of work performed under A.ttachment 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 prov [ded prior to the tinal request for payment under this Contract, but, in no 2dse later than 30 days after the end of the Contract period. Payments (reimbursements) required under this contract may be withheld by thc COG until such time as any past due progress reports are received i b\ The Sl BCONTRAC'TOR quarterly progress reports required under Section (a) of this Article contain descriptions of activ nies and costs for the COG to ensure that the provisions of this Contract :Ire being complied with The SUBCONTRACTOR shall comply with any reasonable request by the ('OG for additional information on acti\ities conducted in order for the COG to adequately monitor the SUBCONTRACTOR's progress 111 completing the requirements of and adhering to the provisions d'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- through grant agreemenT (C) The SUBCONTRAC10R 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 c\greement [n addition. the SUBCONTRACTOR shall continue to document, as appropriate to the 1vpe ofprolect the results (1fthe project activities tar the life of the program or activity. (d) The SUBCONTRACTOR's failure to complv with the requirements of this Article constitutes a breach of this Contract. \rticle 5 Monitoring Requirements Idi COG may periodically monitor SUBCONTRACTOR far: ] l'he degree of compliance with the terms of this Contract, including compliance with applicable rules. regulations. and promulgations referenced herein; and ,.., The administrative and operational effectiveness of the project CO:lstal Bend Council of Covernments B-4 I hI COG shall conduct periodic analysis of SUBCONTRACTOR'S performance under this Contract tllr the purp~)se of assessing 1 he degree to which contractual objectives and performance standards, as dentified in this Contract or as subsequently amended. are achieved by SUBCONTRACTOR. \rticle 6 Title to and Management of Real Property and Equipment Subject to the obligations and conditions set forth in this Agreement, title to real property and \:'4uipment (together hereafter referred to in this Article as DpropertyD) acquired from funds provided jnder this Agreement by the SUBCONTRACTOR shall vest upon acquisition or construction in the -..UHCONTRACTOR ~II parties agree that upon full performance of this Contract, title shall ;'cmain with the SUBCONTRACTOR. provided however. that if this Contract is terminated, due to ..ubstantial failure by the SU BCONTRACTOR to fulfill its obligations under this Contract, title and physical possession of all equipment and constructed fixtures shall, upon written notification from OG. be transferred in 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 dcquired or replace under this Agreement shall be used for the duration of its normally expected usefullifc to support the purposes of this Agreement whether or not the orginal projects or programs ~untinue to he supported by COG funds. bl The SUBCONTRACTOR shall not grant or allO\\ to a third party a security interest in any .'riginal or replacement pruperty purchased or constructed with funds made available to the SUBCONTRACTOR under this A.greement. c) The use of property acquired under thlS Agreement. both during the term of this Agreement and Jor the useful life of the property, .,hall be in accordance with Section 361.014(b) of the TEX. HEAL TH & 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 'r create a competitive ad\ antage over a private industry that provides recycling or solid waste '>crvlces (d) The SUBCONTRACTOR may develop and use their own property management systems, which must conform with all applicable federal. state, and local laws. rules and regulations. Ifan adequate -;ystem for accounting is n,Jt 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 such a system. The property management system used by the SUBCONTRACTOR must meet the requirements set forth in thIS Section. (]) Property records must be maintained that include a description of the property, a serial number or other identification number. the source of the property, who holds title, the acquisition 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 including the date 01 disposal and sale price of the property (II) !\ physical inventory of all equipment acquired or replaced under this Agreement shall be conducted 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 SUBCONTRACTOR shall include adequate safeguards to prevent loss, damage, or theft of the acquired property. Any loss, damage. or theft shall be investigated. The C'lSta' Rend Counci I of Cio\ernments B-5 SUBCONTR:\C fOR shall develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and h, utilize proper sales procedures to ensure the highest possible return, in the event such property is sold (1m Certain types of equipment are classified as controlled assets and are subject to annual revision, In accordance with the UGMS, the SUBCONTRACTOR should contact the Texas (omptroller of Public Accounts property accounting staff or review the Comptrollers State Property Accounting User Manual available on the Internet, for the most current listing. Firearms shall be maintained on the SUBCONTRACTORDs inventory system irrespective of COSL and the followmg equipment \vith costs between $500 and $1,000 shall be maintained on lhe imentor) S) stem: (1) stereo systems, (2) still and video cameras, (3) facsimile machines, (41 VCR" and VCR/TV combinations and (5) cellular and portable telephones. ,:) The Sl BCONTRACTOR ma) for the purpose of replacing property acquired under this \greemenL 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 SLJBCONTRAC fOR agrees that If a determination is made that any property acquired with funds provlded under thlS Agreement with a current per-unit fair market value 01'$1,000 or more is flU longer needed for the originally authorized purpose, the COG has the right to require disposition the property by the SI fBCONTRACTOR in accordance with the provisions of this Article. I.gJ 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 01'$1,000 or more, the property is no longer needed for the originally authorized purpose, the SUBCONTRACTOR agrees to request disposition instruction form the COG or. 11' the COG is no longer administering a Regional Solid \Vaste Grants Program. the ICEQ. Disposition instructions shall solicit, at a minimum, information 'n the source and amount of 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 rhe assessment A whether to authorize the proposed disposition of the property must include a determmation that disposition will comply with the private industry provisions of ~61.014(b) of the fFXAS HEALTH & SAFETY CODE ANN. In cases where the SUBCO'iTRACTOR fails to take appropriate disposition actions, the COG may direct the SUBCO'iTRACTOR tc' take excess and disposition actions, The dispositions may provide for one 'f the alternatives as set forth in this Section. ( I) Retain title. sell. \\1' otherwise disposed of with no obligation to compensate the COG. (II) Retain tllle after compensating the COG, If the COG is compensated by the SUBCONTRACTOR for property acquired using funds provided under this Agreement, the COG will in turn ulmpensate 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 COG, The am(lunt due will be computed by applying the percentage of state-funded partlcipatit)ll in the cost of the original purchase to the fair market value of the property. (III Sell the property and compensate COG, If the COG is compensated by the SUBCONTRACTOR for property acquired using funds provided under this Agreement, the COG will in turn c'lmpensale the TCEQ or. upon authorization by the TCEQ, use those ("'Islal f3ei1d Counci I of (J..\vernmenIS 8-6 funds for other projects or activities that support this or similar future programs conducted by the COG. The amount due will be calculated by applying the COGDs percentage of participation in the c;,st of the anginal purchase to the proceeds ofthe sale after deduction of any clctual 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 Sl HiCONTRA.C rOR is directed to sell the property. sales procedures shall be followed that pro\ Ide for Cc)mpetillOn to the extent practicable and result in the highest possible return. (I V} Trans fer title te the COG or to a third-party designated/approved by the COG. If the SUB('O\lTRAC rOR participated financially in the original purchase, the SUBCONTRAC rOR may be authorized payment from the receiving party of an amount calculated by applYlllg the percentage of the participation in the original purchase of the property to the current fair market ,)fthe property. hI Items of property with a current per-unit fair market of less than $1,000 may be retained, sold or ,therwise disposed orby the SUBCONTRACTOR with no further obligation to the COG. Methods used to determine per-unit t~lir market value must be documented. kept on file and made available to tile COG upon request. 1) The COG shall include provisions in its Interlocal Agreements to implement and enforce the provisions (lfthis l~.rtick. \rticle 7 Compliance with Applicable Laws rhe 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, but not limited to, the iaws referred to in this Contract. If the SUBCONTRACTOR or COG I,bserves that this Contract i:o. at variance therewith in any respect, the observing party shall promptly notify the other party in writing, and any necessary changes shall be adjusted by appropriate Contract modification On request. the SUBCONTRACTOR shall furnish COG modification. If the "lJBCONTRACTOR performs any work knowing or having reason to know that it is contrary to laws or Regulations, the SUBCONTRACTOR shall bear all claims, costs, losses and damages caused by arising out of or resulting therefor. \rticle 8 Types and Standards of Solid Waste Implementation Projects Local EnfQ[cemell! x} Funds may not be provided to any law enforcement agency regulated by Chapter 415, Texas Government Code, unless: (a) the law enforcement agency is in compliance with all rules developed by the Commission on I aw Enforcement Standards and Education pursuant to Chapter 415, Texas Government Code; or (b) the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process ,d' achieving compliance with such rules. x.2 When funding is to be provided for salaries oflocal enforcement officers, the funds recipient must certify that at least one of the officers has attended or will attend within the teml of the funding the TCEQ's Criminal lnvironmemal Law Enforcement Training or equivalent training. x 3 Locai enf()fcement vehicles and related enforcement equipment purchased entirely with funds provided Ccustal Bend Council of (iovernments B-7 inder this At!rt:ernent may mly be used )(,1' acti vlties to enforct: laws and regulations pertaining to Jittering and i legal dumping, and may not be used for other code enforcement or law enforcement activities. Vehicles and :quipment that are only partially funded must be dedicated for use in local enforcement activities for a ;,ercentage oi' lime equal to the proporti()/1 PI' lhe purchase expense funded >{ :t Entities receiving funds for a local enforcement officer, enforcement vehicles, and/or related equipment for he by an enforcement officer. must investigate major illegal dumping problems, on both public and private nroperty, In Jddition t(\ investigating general litter problems on public property. S 5 Entities receiving funds to ~onduct a local enforcement program must cooperate with the TCEQ's regional ;\vestigatlve staff in identifying and ill\ estigating illegal dumping problems. Lack of cooperation with the T (EQ staff 1nay constitute a reason to \\ ithhold future funding to that entity for local enforcement activities. "6 Funds may not be used flf investigation and enforcement activities related to the illegal dumping of Ildustrial anlJ;or hazardou~ waste. Instances where industrial or hazardous waste is discovered at a site do not :1reclude 1 he ! nvestigation df t hat site, so long as the intent and focus of the investigation and enforcement h.:tivities are "n the illegal dumping of municipal solid waste i Iller and Illegal DUlill'JD2 Cleanup S! Lake and River Cleanup events must be coordinated with the TCEQ's cleanup program staff and/or the Keep Tc'xas Beautiful organization which is contracted by the TCEQ to administer the Lake and River Cleanup program 8 8 Projects funded to clean up litter or illegal dumping on private property must be conducted through a local government sponsor or the PERFORMfNG PARTY. Funds may not be provided directly to a private landowner or other pri vate responsible party for cleanup expenses. The local government sponsor or the PERFORMING PARTY must either contract for and oversee the cleanup work, or conduct the work with its OV'1l employees and equipment X 9 The costs for ckanup ufhazardous 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 with immediate threats te) human health 01 the environment x j 0 The costs for cleanup of '-'lass 1 n\Jnhazardous 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 with immediate threats to human health or the environment The cleanup of Class 2 and 3 nonhazardous iIldustnal 'vaste that ma) be found at a municipal solid waste site may be funded in conjullcli'Jn wi1h the cleanup of the municipal solid waste found at a site. xi] 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 TAC Chapter 330, TCEQ's MSW Rules, and 30 TAC Chapter 350, TCEQ's Risk Reduction Rules, must be complied with IS part of any 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 of materials, the PERFORMING PARTY should consider withholding at least ten (10%) percent ufthe reimhursements under a subgrant or subcontract, until documentation is provided that the c lean up work has been completed and the materials properly managed. Source Reduction aI:!fLRecTIJiIJ.g ('c'\Sla' Bend Counci I of (,clVernmenls B-8 ~ 13 Any program or project funded underthis Agreement with the intent of demonstrating the use of products made frum recycled and/or reused materials shall have as its primary purpose the education and training of residents" governmental cfficials. private entities. and others to encourage a market for using these mater;al~ Lgcal Soll\:LWaste Man~ment Plans x 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 TAC Subchapter () Chapter 330. TeEQ Rules, and the Content and Format Guidelines provided by the TCE<). >( 15 In seledmg a local solid waste management plan project for funding, the PERFORMING PARTY shall ensure that at least one year is available tor the completion and adoption ofthe local plan. ~ 16 Local solid waste management plans may not be considered for funding by the PERFORMING PARTY until the PERFORMING PARTY', regional solid waste management plan has been amended. t 11}Zen~ C~ollection Stqtiollh"Smal\" Registered Transfer Stations, and Community Collection Events >( 17 The deSign and constructl\m of citizens' collection stations, as those facilities are defined under 30 T AC Chapter no. TCFQ Rules. may be funded. The costs associated with operating a citizens' collection station ('nce it is completed may not be funded. x 18 The design and construction of small municipal sol id waste and liquid waste transfer stations that qualify for registration under ~33()4(d) or ~330.4(r). TCEQ Rules, may be funded. Other permitted or registered transfer stations may not be funded. A municipal solid waste transfer facility may be eligible for a registration if it ser\ es a municipality with a population of less than 50,000, or a county with a population ofless than 85.000. or IS u,ed in the transfer of 125 tons or less of municipal solid waste per day. A liquid waste transfer station may qualify for 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 ewnts. Ie provide for collection and proper disposal of non-recyclable resident131 waste materials for which there is not a readily-available collection alternative, may be funded. This type of project may not include regular solid waste collection activities, such as weekly waste collecti\1n. Funded collection events may be held no more frequently than four times per year, and must only he ;ntended to pruvide residen1s an opportunity to dispose of hard- to-collect materials, such as large and hulk) items that dre !Jot picked up Linder the regular collection system, and might otherwise be illegally dumped hy residents. 1I0usehold I Lazardous ~W aslLManagement S20 All household hazardous \vaste collection. recycling, and/or disposal activities must be coordinated with the TCEQ's HHW program staft: and all applicable laws. regulations, guidelines, and reporting requirements must be foll,)wed. S.21 All fe'i.as Country Cleanup events must be coordinated with the TCEQ's Texas Country Cleanup program statf. and all applicable laws. regulations, guidelines, and reporting requirements must be followed I echnicai~tll_dies :-122 All technical studies tunded 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 CO,lstai Bend Counci I of (jovernments B-9 TCEl) EducationalaillLJraining Pmlects .~ 23 Educational and training programs and projects funded under this Agreement must be primarily related to the management of municipal solid waste, and funds applied to a broader education program may only be used for those portiom of the program pertaining to municipal solid waste. '.)ther Tyoesof Proiects ~ 24 If the 'J CEQ 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 of funds for that project or t:vpe ,)f DrojeCt. ~rticle 9 Supplemental Funding Standards ~Jeneral Standards c) I The provisions of the Lniform Grant Management Standards (UGMS) issued by the Office of the (lovernor apply to the uSe of these funds, as well as the supplement financial administration guidance established bv the TCEQ to be applied under all contracts, TCEQ Allowable Expenditure Guidelines. q 2. Recipients offunds under this Agreement, including the PERFORMING PARTY, subgrant recipients, and subcontractors shall comply with al] applicab]e state and local laws and regulations pertaining to the use of ,tate funds, including laws concerning the procurement of goods and services and competitive purchasing n:quiremenb LI 3 Funds may not be prO\ ided through a subgrant or subcontract to any public or private entity that is barred from participating in state contracts by the Texas General Services Commission, under the provisions of ~2155.077, <iovernment Code and I T'\C ~ 1 j 3.02, GSC Regulations. q 4 Public and private entities :mbject to payment of state sol id waste disposal fees and whose payments are in ]!TearS may !lot receive funds under this agreement through either a sub grant or subcontract. 5. In accordance with 9361.\.1 14(bl. Texas Health and Safety Code, and 30 TAC S330.569(d), TCEQ Rules, Ll project or service funded under this Agreement must promote cooperation between public and private entities ,md may not be otherwise readily available or create a competitive advantage over a private industry that provides rec:, cling or solid waste services. Under this definition, the term private industry included non-profit tnd not-for-profit non-governmental entities li6. All equipment and faciliti-=s purchased or constructed with funds provided under this Agreement shall be used for the purposes intended in the funding agreement. l, 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 li.8. Funds may not be Llsed te acquire and or an interest in land. :.) 9 Funds may not be Llsed to supplant eXisting funds. In particular, staff positions where the assigned functions wi II remain the same and that were active at the time of the funding application or proposal, and were ('o:\stal Bend Council of c,.wernments B-IO iunded frum a source other that a previous solid waste grant may not be funded. '.) ] O. Funds may not be used fi)r food or entertainment expenses, include refreshments at meetings and other runctions This provisil,n doe', not applv to authorized employee per diem expenses for food costs incurred .\ hile on 1ra\ ei status 1\. Funds may not be used ti)r payment of salaries to any employee who uses alcoholic beverages on active iuty. Funds may n(\t he used !(lr the purchase of alcoholic beverages, including travel expenses reimbursed " nh these funds ., 12. Funds may not be used fur employment or otherwise contracts for services of a lobbyist or for dues to an 'rganization which employs or otherwise contracts for the services of a lobbyist q 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 De used for projects or facilities that require a permit from the TCEQ and/or that are located within the boundaries of 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 place 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 ':;illlsidered f()r funding by the PERFOR\1ING PARTY l; 15. Projects or facilities requiring a registration from the TCEQ, and which are otherwise eligible for tunding, must have received the registration before the project funding is awarded. l..] 6. Except as may be specifically authorized in this Article or elsewhere in this Agreement, funds may not be used for activities related to the collection or disposal of municipal solid waste. This restriction includes: s<llid waste collection and transportation to a disposal facility: waste combustion (incineration or waste-to- energy); processing for reducing the volume ot'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 associated with the disposal of municipal solid waste. <'i. 17. Funds may not be used 10 assist an entity or individual to comply with an existing or pending federal, "itate, or local Judgement or entorcement action This restriction includes assistance to an entity to comply with dil order to clean up and/or remediate 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 envin 'nment. and \\ hen: it is demonstrated that the responsible party does not have the resources to (,.)mply With the order 'I 18. Funds may not be used t" pay penalties Imposed on an entity for violation offederal, state, or local laws and regulations. This restnction includes expenses for conducting a supplemental environmental project (SEP) under a federal or state order '. \f penalty Funds may be used in conj unction with SEP funds to support the ,ame project Article 10 Funds in the i\1S WD rRF ia) It is the understanding of the parties that the source of the funds provided by the COG is the i\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 ofthis Agreement. The parties agree that all funding arranged under this Agreement is subject to sufficient funds in the MSWDTRF The SUBCO'\lTRACTOR shall place this notice in all subgrants and subcontracts. (\llstal Bend Counci I of Ciovernments B-ll \rticle 1 ! Conflict of Interest lhe 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 determin,: whether a conflict exists and that the COG and/or the TCEQ may terminate the Agreement at any time. on the grounds of actual or apparent conflict of interest. a "\ olin' ofContlici of1nterest: 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 include both organi/ational conflicts or interest and personal conflicts of interest. Any indi\idual with ,i personal conflict of interest shall be disqualified from taking part in any wa) 1 n the performance of any work that created the conflict of interest. ~\rticle 12 Authorized Representatives i a) The COG hereby designates the person in Exhibit B-1, Project Representative, as the individual authorized to give direction to the SUBCONTRACTOR for the purposes ofthis Contract. The COG Project Representative shall not be deemed to have authority to bind the COG in contract unless the Fxecutive Director of the COG has delegated such authority. i b) lmmedlately upon receiving the Purchase Order or Notice of Award, the SUBCONTRACTOR shall identity, as its Project Representative. the person authorized to receive direction from the COG, ll> manage the work bemg performed. and to act on behalf on the SUBCONTRACTOR. The SUBCONTRACTOR'S Project Representative shall be deemed to have authority to bind the S UBCONTRACl OR in contract unless the SUBCONTRACTOR, in writing, specifically limits or denies such authority to the SUBCONTRACTOR'S Project Representative. ie, 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 tc a nevv Project Representative. The party making the change in Project Representative shall provide written notice of the change to the other party. I d) The Sl BCONTRACTOR shall ensure that its Project Representative, or his or her delegate, is available at all times for consultation with the COG. C'Hstal Bend Counci I of Ciovernments B-12 Exhibit B The COG designates the individual named below as the Project Representative for COG: Name: Rebecca Martinez. Environmental Coordinator Address: Coastal Bend Council of Governments PO. Box 9909 Corpus Christi, TX 78469 TI:L (361) 883-5743 FAX: (361) 883-5749 The SUBCONTR..'\CTOR 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 \\ork being performed, and to act on behalf of the SUBCONTRACTOR: Name: Paul Bass Address PO Box 9277 C)rpus Christ Texas 78469 TEL' 361-8:26-1968 FAX: 361-826-1971 Coastal Bend Counci I of Ciovernments Exhibit B Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement Work Program of SUBCONTRACTOR Exhibit C Goal 2: Reduce the amount of Municipal solid waste generated and disposed of in the Coastal Bend Region. , ; Other Promote regional state, and federal partnerships within the region that c:ncourage so lid waste management, waste reduction and recycling. Objective I: ,'ontracl scrap I ire removaL Task I a: Contract scrap I ire remo\ aL Objective 2: Report the progres~ of the work program task and measure of program effectiveness. Task 2a: Turn in Summary Reports (F orm PT -S] ) to identify progress of the project in three-month intervals. Tlml' Frame Summary Report due June 1",2006 (to report on March, April, May) and September 15,2006 (to rC'port on June, July AUl!ust). Task 2b: Turn III Results Reports (Form PT-Rl) to identify specific results being accomplished by the implementation of your project. Tunc Frame Results Report due June 15.2006 (to report on March, April, May) and September 15,2006 (to report on June, July AUllustl. Task 2c Turn m Financial Status/Reimbursement Requests (Form PT -F], PI' -F2, and supplemental documentation a~ idC'nti lies in the Special Contract Provisions (Attachment B) section, Article 3(b) 5, located on page B-2 Tlmt' Frame: Fmanciai Status ReportReimbursement Requests due June ]5, 2006 (to report/request reimbursement for Marc h, April, May) and September 15, 2006 (to report/ report/request reimbursement for June July August) COlstal Bend Council of (,overnments Exhibit C Coastal Bend Council of G-overnments Solid Waste Grant Interlocal Agreement Schedule of Deliverables from SlJBCONTRACTOR Exhibit D iask 4a: Summary Report iask 4b: Results Report rask 4c: Financial Status Report Reimbursement ReLJuest June] 5, 2006; September PT-S Forms ]5.2006 .__+____.___ June 15.2006; September i PT-R Forms 15.2006 June 15.2006; September PT-Fl, PT-F2, and 15. 2006 supplemental documentation CO.lstal Bend Council of Governments Exhibit D Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement Subcontractor Budget and Authorizations Exhibit E Description Contractual TOTAL Cost $4,500.00 $4,500.00 CCHstal Bend Council of C10vernments Exhibit E