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
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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.
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\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
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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.
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:\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.
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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
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,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
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() 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
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~,.)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
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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