HomeMy WebLinkAboutC2006-468 - 10/10/2006 - Approved
COASTAL BEND COUNCIL OF GOVERNMENTS
SOLID WASTE GRANT INTER LOCAL AGREEMENT
Education
07-20-G 11
The Coastal Bend C)uncillJfGovemments (COG) has received a grant through a contract with the
Texas Commission on Environmental Quality, which authorizes COGto redistribute solid waste fees
to support local and regional solid waste projects that are consistent with the regional solid waste
management plan. 'rhis interIocal agreement is a subcontract of the COG's contract with the TCEQ.
Funds for this agreement c,)me from Solid Waste Disposal and Transportation Fees.
fhe COG and the SUBCONTRAJ TOR certifY that they have authority to perform the services
contracted for hy authority granted in The [nterlocal Cooperation Act," Texas Government Code,
Charter 79]
ThiS lnterlncal Agreement IS entered into hy and between the parties named below. Neither TCEQ
nor the State of Texas is a party to this Contract.
I. CONTRACTING PARTIES:
The Council l)f Govemments:Coastal Bend Council of Governments
The SUBCONTRA( TOR: City of Corpus Christi
II. CONTRACT ADMINISTRATION PROVISIONS:
See "Attachment A - General Contract Provisions" & "Attachment B - Special Contract
Pro\ isions"
III. SERVICES TO BE PERFORMED:
See 'Attachment C - Work Program of SUBCONTRACTOR " & "AttachmentD _ Schedule
of Deliverahles from SUBC( )NTRACTOR"
IV. BUDGET AND PAYMENT PROCEDURES:
See 'Attachment E - SUBCONTRACTOR Budget and Authorizations"
COUNCIL OF GOVERNMENTS
SUBCONTRACTOR
C()astal Bend Council ofGO\ernments
City of Corpus Christi
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J6h;; Buckn~~--- ----
Executive Director
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.J<.t!\ ey . Kapl
Director of Streets and Solid Waste Svcs
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2006-468
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Res02 '7(1] 2
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Coastal Bend Council of Governments
Solid Waste Grant Interlocal Agreement
Table of Contents
\ General Contract Provisions
Article 1
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Article 13
Article 14
Artie Ie 15
Article 16
Article 17
Artie Ie 18
Article 19
Artie Ie 20
Article 21
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
I.Jni1orm Grant and Contract Management Act
Release of Claims
Insurance and Liability
Acc( mnting Systems
Audlt/ Access to Records
Independent Financial Audit
Changes
Termination
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 Period of Performance
Article 2 Scope of Services
Artie Ie 3 Obligations
Artic le 4 Reporting Requirements
Article 5 Monitoring Requirements
Article 6 Title to and Management of Real Property and Equipment
Article 7 Compliance with Applicable Laws
Article 8 Types and Standards of Solid Waste Implementation Projects
Article 9 Supplemental Funding Standards
Article 10 Funds in the MSWDTRF
Article 11 Conflict of Interest
Article 12 Authorized Representatives
Cl'lsta' Bend Council of Governments
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C Work Program of SUBCONTRACTOR
D Schedule of Dcliverables from SUBCONTRACTOR
F SUBCO'JTRAC'TOR Rudget and Authorizations
CCllstai Bend Co unci ! of Covernments
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Coastal Bend Council of Governments
Solid Waste Grant Interlocal Agreement
General Contract Provisions
Attachment A
Ar11cle
Legal Authorit~
The 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 gUIdeline.... The main governing standards include, but may not be limited to the
t('lluwing
i 1
3610]4. TFX. HEALTH & SAFETY CODE;
(,2
330.569 of the TCFQ Municipal Solid Waste Regulations (30 TAC Chapter 330);
and
f ~ ;
The Uniform Grant and Contract Management Act, rEx. GOVT CODE, 783.001 et.
seq.. and !he Uniform Grant and Contract Management Standards, 1 Texas
Administrative Code (TAC).5.141 et. seq. (collectively, UGCMA).
Article =
Scope of Services
The services to be pertomled by the SUBCONTRACTOR are outlined in the General Contract
P[(n isions (Attachment A), Special Contract Provisions (Attachment B), Work Program of
SlBCONTRACrOR (Attachment C). Schedule of Deliverables from SUBCONTRACTOR
(Attachment D), SUBCON rRACTOR Budget and Authorizations (Attachment E), and any Change
Orders, which are later inc~)rporated into and made a part of this Agreement, as if set out word-for-
w( 1rd this Contract ( Agreement)
Artie Ie .~
Purpose
(a) The purpose of this Agreement is to accomplish the goals of 36] .014(b), TEX. HEALTH AND
SAFETY CODE. as they rdate to distributing solid waste fee revenue funds to support local and
regIOnal solid waste projects consistent with the regional solid waste management plans approved by
the TCEQ and to update and maintain those plans.
(b) l 'nder the overal t goals of the funding program established under 361.0 14(b), TEX. HEALTH
AND SAFETY CODE. the more specific purposes of this Agreement are:
1 1'0 enable the C()G to caITy out or conduct various municipal solid waste management-
related services and support actIvities within the COG's regional jurisdiction; and
'"' To administer an efficient and effective, region-wide, pass-through (subgrantee)
assistance grants program and/or. where authorized by the COG in accordance with Article 4
of this Attachment. lO conduct various COG - managed projects.
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ArtJcle 4
El igi ble Applicants/Recipients
(a) Eligible Pass-Through Grant Recipients.
I Only those local and regional political subdivisions located within the State of Texas as
listed belo\\ are eligible to receive funding from the COG as a pass-through grant:
Cih:s:
j1 .1
Counties:.
i ill)
Public schools and school districts (does not include universities or post
secundary educational institutions); and
(i\ )
Other genera] 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.
(VI
Council of (rovernments
~:. Local and regional political subdivisions that are subject to the payment of state solid
w'aste disposal fees and whose fee payments are in arrears, as determined by the TCEQ, are
not eligible to recel ve pass-through grant funding from the COG. The TCEQ shall provide,
un a quarterly basi--. the COG a list of entities for which fee payments are in arrears. The
C()G shall ai/ow a potential pass-through grant applicant that is listed as being in arrears in
its fee payments the opportunity to provide documentation of payment of the fees owed the
state. If the potentIal applicant provides the COG with documentation of payment of the
lees, such as a canceled check or receipt from the state, the COG may consider that applicant
W be eligible to receive pass-through grant funding under this agreement. The COG shall
notify the TCEQ 01 any applicants for which a determination of eligibility was made under
this Subsection with the lis1 of projects to be provided under the requirements set forth in
\rticle 7.76 ,}f TC I~Q Contract No.582-4-65529.
Anicle "
ResponsibilIty of the Subcontractor
(a) l'he Sl IBCONTRACTC)R shall be responsible for the professional quality, technical accuracy,
timely completion, and the coordination of all services and other work furnished by the
Sl iBCONTRACTOR under this Agreement, as set forth in Attachment C of this Agreement.
(bi rhe SUBCONTRACTOR shali perform such services as may be necessary to accomplish the
work reqUIred to be perfomled under this Agreement. in accordance with the COG and contractual
reqUIrements and any and all applicable law.
(c fhe COG may require the SUBCONTRACTOR to correct or revise any errors, omissions, or
other deficiencies in any reports or st~rvices provided by the SUBCONTRACTOR to ensure that such
reports and services tltlfill the purposes of this Agreement. The SUBCONTRACTOR shall make the
req Ul red corrections ,Jr revi sions without additional cost to the COG.
(d) Neither the COG's review. appmval or acceptance of, nor payment for any of the services shall
be construed to operate as J waiver of any rights under this Agreement or of any cause of action
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ansmg out of the performance of this Agreement; and the SUBCONTRACTOR shall be, and remain,
liahle in accordance with applicable law for all damages to the COG including reasonable attorneys'
fee:- and ,:oun costs causc;d by the SUBCONTRACTOR's negligent performance of any of the
scr\ Ices furnished under this Agreement
(":.1 The obligations of the SUBCONTRACTOR under this Article are in addition to the
S t ) BC01\TRACTOR's other express or implied assurances under this Agreement or applicable law.
(1 \11 c()ntractual expenditures using funds provided under this Agreement shall meet all
procurement laws and regulations applicable to the SUBCONTRACTOR and their subcontractors
and the lniform Grant and Contract Management Act and the Uniform Grant Management
S!andard~ Note that competitive hidding will generally be required.
(g J rhe Sl iBCONTRACTOR shall be responsible for the management and fiscal monitoring of all of
theIr subc\mtractors and subgrantees. The SUBCONTRACTOR shall monitor its subcontractors and
subgrantees as necessal) to ensure that their subcontractors and subgrantees are operating
c< ,nsistent Iy with applicable laws and regulations. applicable contracting policies, and this
Agreement. The Sl BC01\TRACl OR shall ensure that their subcontractors and subgrantees comply
\\ i th all record keepmg and access requirements set forth in this Agreement. The COG reserves the
right to perform an mdependent audit of all SUBCONTRACTORS subcontractors and subgrantees.
The StBCONTRACTOR. SUBCONTRACTORS subcontractors and SUBCONTRACTORS
subgrantecs shall maintaiD detailed records.
ArtIcle h
LIcenses. Permits and Laws
The SUBCONTRACTOR shalL except as otherwise provided in this Agreement, be responsible for
obtaining any necessary licenses and permits, and tor complying with any applicable Federal, State,
and municipal laws. codes. ordinances. and regulations, in connection with the work required by this
Agreement
ArtIcle -,
Uniform Grant and Contract Management Act
The provisions of the Uni form Grant and Contract Management Act ("UGCMA") apply to this
AQreemenr to the extent required bv la\\.
Article g
Release of ('laims
U pun satisfactory completi on of the work performed hereunder and prior to final payment under this
Agreement for such work or prior to settlement upon termination of this Agreement and as a
condition to final paymeJ1l/settlement. the SUBCONTRACTOR shall execute and deliver to the
('( )( J a release of all claim" against the ('OG arising under or by virtue of this Agreement.
Article lj
Insurance and Liability
Sl BCONTRACTOR shall maintam insurance coverage for work performed or services rendered
under this contract as specified in the Special Provisions. SUBCONTRACTOR understands and
agrees that it shall be liable to repay and shall repay upon demand to COG any amounts determined
b: COG. its independent auditors. or any agency of state or federal governments to have been paid in
vi(,lation ()[the terms of this Agreement
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A nlcle I (l
,Accountinu Systems
The SUBCONTRACTOR shall have an accounting system which accounts for costs in accordance
\\ lth generally accepted accounting standards or principles and complies with applicable State law,
regulations. and policies rdating hI accounting standards or principles. The SUBCONTRACTOR
m usl acc(.unt for cests in! manner consistent with such standards or principles.
Article 1
Audit/Access to Records
(a) fhe S t JBCONTRACl OR shal] maintain and make available for review, inspection and/or audit
b<)oks, records. documents. and other evidence reasonably pertinent to performance on all work
under this Agreement inc luding negotiated changes or amendments thereto, in accordance with
accepted professional practice. appropriate accounting procedures and practices at the
S I JBC()NTRACT()R's ofjice The Sl ISCONTRACTOR shall also maintain and make available at
its Texas ,Alice the finanCIal information and data used by the SUBCONTRACTOR or its designee
(including independent financial auditors) in the preparation or support of any cost submission or
Cl,S1 (direct and indirect), price or profit analysis for this Agreement or any negotiated subagreement
01 cllange ()[der and a COP) of the cust summary submitted to COG. The COG, Texas State Auditor's
Office. 'lr any of COG's duly authorized representatives, shall have access to such books, records,
d,'cuments. and other evidence for the purpose of review, inspection and/or audit. During the
cunduct of any such review. audit ,)r inspection. SUBCONTRACTOR's books, records, and other
penment documents may. iIpon pnor conference with the SUBCONTRACTOR, be copied by the
COG or any of its duly authorized representatives. All such information shall be handled by the
panies In dccordamc \vith good business ethics. The SUBCONTRACTOR shall provide proper
faei ities within the State d' Texas for such access and inspection.
(1: Audits conducted under this provision shall be carried out in accordance with State law,
regulations and policy. and generally accepted auditing standards and established procedures and
guidelines of the re\'le\vinl! or audit agency(ies).
(c rhe S l JBCONTRACl OR 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
Sl 'BCONTRACTOR. the auditing agency will afford the SUBCONTRACTOR an opportunity for
an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit
re[l(lrt.
(d Records under Section (a) of this Article shall be maintained and made available during the
entire period of performance of this Agreement and until three (3) years from date of final COG
payment 1m the project. I n addition. those records which relate to any dispute, litigation, or the
settlemenl of claims arising out of such performance. or costs or items to which an audit exception
has been taken shall be mai ntained and made available until completion of such action and resolution
of aU issues which arise frem it or until the end of the regular three-year period, whichever is later.
(e i Access to records is nOl limited 10 the required retention periods. The authorized representatives
designated in Section (a) ('1' this Article shall have access to records at any reasonable time for as
long as the records are maintained.
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( ) The right to audit and access to records Article applies to financial records pertaining to all
subagreements and all subagreement change orders and amendments. In addition, this right of access
applies to all records pertaming to all subagreements, subagreement change orders and subagreement
amendments to the extent !he records reasonably pertain to subagreement performance; if there is any
ind Icatlon that fraud, gro~s abuse ,'Ir corrupt practices may be involved; or if the subagreement is
tnminated for default or l,)r convenience
(g) fhe COG reserves the right to require the reimbursement of any over-payments determined as a
result of any audit or inspection () C records kept by the SUBCONTRACTOR on work performed
under this Agreement.
(11) The SUBCOVfRACTOR shall include Sections (a) through (g) of this Article In all
subagreements and all change orders directly related to project performance.
Ar1Jcle :'
Independent Financial Audit
The 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
cumpletion of the audit report. The SUBCONTRACTOR is responsible for including the Single
A udit requirements in all subagreements and shall be responsible for insuring adherence to those
requirements by all subgrantees and subcontractors.
ArtIcle ::,
Changes
(a .\ l"v1alor Change will include CIne or more of the following:
( 1 ) an increase or decrease in the amount of compensation to the SUBCONTRACTOR;
12! an extension or sh0l1ening of the term of the Agreement;
( 3 a significant change in the scope of the Agreement or the services to be performed; or
14, any action that is beyond the authority of the Executive Director or the Project
Representallve of the COG.
(b) Implementation of a Major Change must be preceded by a formal written amendment to the
Agreement. The amendment must contain a description of the proposed change. The amendment
must be Signed by person~ authorized to bind each party in contract. Any amendment that will
exceed the contractual authority of the Executive Director of the COG also requires the consent, at
Agenda. ora majority of the CBCOG Governing Board.
(c i i\ny proposed change that is nOl 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.
(d If the SUBCONTRACTOR requests a Minor Change and the Project Representative of the COG
does not approve the request as a Minor Change, then the change shall be deemed a Major Change
(', asta' Bend Council of Governments
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and the SUBCONTRACTOR may only obtain authorization to proceed In accordance with
Section (h) of this i\rticle
(\.1 If the SUBCONTRACTOR makes any changes in personnel whose salaries are funded by this
grant, SUBCONTRACTClR must 1-!lve COG prior notification and obtain prior approval from COG.
I. t <\m dlteratiom. additIons. or deletions to the terms of this contract which are required by
changes In Federal lav. or regulations are automatically incorporated into this Agreement without
v.ritten amendment heret!\. and sllall become effective on the date designated by such law or
regulation. provided if the SUBCONTRACTOR may not legally comply with such change,
Sl TBCONTRACTOR ma' terminate its participation herein as authorized by Article 14.
(g CO< r may. fmm time to tlme. require changes in the Scope of the Services of the
S l. J BCO N TRA CTO R to bl' perfornled under this Agreement. Such changes that are mutually agreed
upon by and between CO( r and the Sl1BCONTRACTOR in writing shall be incorporated into this
Agreement.
A rtll': Ie 4
Termmatio!i
(al fhis Agreement terminates upon ful I performance of all requirements contained herein, unless
eXlended n writing
(b fhis Agreement may be terminated m whole or in part in writing by either party in the event of
substantial failure by the other part} to fulfill its obligation under this Agreement through no fault of
the termmating party Failure on the part of the SUBCONTRACTOR to comply with the conditions
set t~)rth in the agreement shall be the basis for termination of the agreement and/or the revocation of
any unexpended or inappropriately expended funds. Provided that no such termination may be
effected unless the (,ther party is gi,ien:
not less than ten ( 10) days written notice (delivered by certified mail, return receipt
requested) (,f intent 10 terminate; and
/2) an opportumty for consultation with the terminating party prior to termination.
I c This Agreement may be terminated in whole or in part in writing by the COG for its
com enience: Provided that the Sl BCONTRACTOR is given not less than ten (10) days written
notice (del1vered by certified mail. return receipt requested) of intent to terminate.
(d! !ftermmation for defau It under Section (b) of this Article or termination for convenience under
Sedlon (c I of this Article is effected by the COG. any payment due the SUBCONTRACTOR at the
time oftennination may be adjusted to the extent of any additional costs occasioned to the COG by
reason of the SUBCONTRA.CTOR's default. The equitable adjustment for any termination shall
proVIde for payment to the SUBCONTR/\CTOR for services rendered and expenses incurred prior
to the termination. in addition tl) termination settlement costs reasonably incurred by the
Sl BCONTRACTOR relatlllg to commitments which had become firm prior to the termination.
(ei Upon receipt \)1' a termination action under Sections (b) or (c) of this Article, the
Sl BCONTRACTOR shall
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1 II promptly discontinue al] services affected (unless the notice directs otherwise); and
dellver or ltherwisc make available to the COG all data, drawings, specifications,
reports. estimates, summaries, and such other information and materials as may have
been accumulated by the SUBCONTRACTOR in performing this Agreement,
whether completed or in the process.
(1; i. Jpon termination under Sections (b) and (c) of this Article, the COG may take over the work and
prosecute the same to completion hv agreement with another party or otherwise.
(g) ff, after terminatlon fOl failure (lfthe SUBCONTRACTOR to fulfill contractual obligations, it is
determined that the SUBCONTRACTOR 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 provided in Section (d) of this Article.
(n If any delay or failure \)f performance is caused by a FORCE MAJEURE event as described in
tne\rtick 27 of thlS Appendix. tne COG may in its sole discretion terminate this Agreement in
whclle or part under this At-ticle
ArtJcle 15
Severahilil\
All partles agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such detemlination shall not affect any other term of this Agreement, which shall
contmue in full force and effect.
Article 16
Intellectual Propert)
(al I or the purpose of this Article, "intellectual property" refers to 1) any discovery or invention for
whil.:h patent rights may bL' acquired. and 2) any photographs, graphic designs, plans, drawings,
speclfications, computer programs. technical reports. operating manuals, or other copyrightable
materials. and 3) an) other materials in which intellectual property rights may be obtained.
(b) Royalties and Patent Fees. The SUBCONTRACTOR shall pay all license fees and royalties and
assume all costs incident to the use or possession in the performance of the work or the incorporation
in the work of any Intellectual Propert).
(e) Disclosure ofIntellectual Property Produced during the work. The SUBCONTRACTOR shall
promptly notify the COG oj all Intellectual Property which the SUBCONTRACTOR, including its
employees. subcontractors. 'x subcontractors employees may produce, either solely or jointly with
others, dunng tne course at this work. In addition. the SUBCONTRACTOR shall promptly notifY
tne COG (if all Intellectual Property to which the SUBCONTRACTOR may acquire rights in
connection with the perfomlance of the work. Any notification under this paragraph shall contain
sufficient technical detail 11 conve: a clear understanding of the Intellectual Property, and shall
identlfY any puhlicatlOn. sale, public use. or impending publication. Promptly upon request, the
Sl'BCONTRACTOR shall ",upply such additional information as the COG may request.
\ d) In performing work under this Agreement, the SUBCONTRACTOR shall comply with all laws,
rules. and regulations relati ng to intellectual property, and shall not infringe on any third-party's
Intellectual Property rights. '-;UBCONTRACTOR further represents and warrants to COG that in the
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c,'urse of performing the work it \vill not use or possess any Intellectual Property owned by a third
pany without paying any required royalty or patent fees. SUBCONTRACTOR warrants that it has
full title In and ownership of the Intellectual Property and any enhancements, updates or other
modificatIons. or that it has full p'lwer and authority to grant all licenses granted herein, and that
such license use h~ the COG will In no way constitute an infringement or other violation of any
Intellectual Properl\ right 'lf any third party. The SUBCONTRACTOR warrants that it shall have,
thn Jughout any applIcable license term hereunder, free and clear title to, or the right to possess, use,
selL transfer, assign. license, or sublicense. products that are licensed or provided hereunder to the
( ()(J b\ lhe SUBCONTR '\CTOR. Fxcept as permitted in the Agreement, SUBCONTRACTOR
shai I not ,-reate or permit he creation of any lien. encumbrance, or security interest in the work or
an) parlthereoL or any puduct licensed or provided hereunder to COG for which title has not yet
passed 10 COG. wllhout tl1e prior written consent of COG. SUBCONTRACTOR represents and
'^ arrants 10 COG that neither it nm an) other company or individual performing the work is under
ally obllgcltion to assIgn or give to any third party any Intellectual Property rights granted or assigned
I( (OG. l,r reserved by CCIG. pursuant to the Agreement. It shall hold the COG harmless for, and to
the..:xtel11 permitted by thl' laws and Constitution of the State of Texas, defend, and indemnify the
( )\J against any c !aims l',lr infringemt'tlt related to its work under this Agreement.
(e Grant dnd License. With respec1 to such Intellectual Property as is (i) incorporated in the work
(Ulher than Intellectual Property tnr whIch COG already possesses equal or greater Intellectual
Property Rights by \ Irtue (!'this Agreement or otherwise), (ii) produced by SUBCONTRACTOR or
Sl TBC01\.TRACTORS employees. subcontractors, or subcontractorOs employees during the course
ot performing the \\"rk. or i iii) specifically identified in the Supplemental Conditions as Intellectual
Property to which Intellectual Property Rights are granted pursuant to this paragraph,
Sl fRC01\. rRACTOR hereby grants te' COG (i) a nonexclusive, perpetual, irrevocable, enterprise-
W Ide license to reproduce. publish or otherwise use such Intellectual Property and associated use
d(,eumentation, and (ii) a nonexclusive. perpetual. irrevocable, enterprise-wide license to authorize
others tn reproduce. publi"h, or otherwIse use such Intellectual Property for COGs purposes.
(f; \!lodi1ication; DerivatIve Works. COG shall have the right, in its own discretion, to
independently modify any Intellectual Property to which license is granted herein for COGDs own
purposes and use, through the services of its own employees or independent contractors. COG shall
0\\ n all Intellectual Properly to such modifications. SUBCONTRACTOR shall not incorporate any
such modi fications Into its Intellectual Pruperty for distribution to third parties unless it first obtains
a liCense from eO(,
(g I SUBCONTRACTOR expressiy 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 WIth visual impairments. Accordingly, the SUBCONTRACTOR represents and warrants to
CO(; that the technc110gy provided to the COG for purchase is capable, either by virtue of feature
included ",ithin the technology or because it is readily adaptable by use with other technology, of(l)
pru\ iding equivalent acce~s for effective use by both visual and nonvisual means; (2) presenting
information. including prompts u~ed for interactive communications, in formats intended for
non\ isual llse; and ( 3) being integrated into networks for obtaining, retrieving, and disseminating
information used b} indi\ [duals \\ ho are not blind or visually impaired. For purposes of this
paragraph. the phrase equi\ alent access means a substantially similar ability to communicate with or
make use (lfthe technology either directly by features incorporated within the technology or by other
reasonable means '-.uch a" assistive devices or services which would constitute reasonable
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acc\lmmodation under the Amencans with Disabilities Act or similar state or federal laws.
Examples of methods by which eq uivalent access may be provided include, but are not limited to,
keyboard alternatives to mouse commands and other means of navigating graphical displays, and
customlzcd display appearance
(h I SUBCONTRA,C'TOR will include In all subcontracts a provision similar in effect to the
fn!!t1wing year 200<"> Warranty as set ft)rth in the Section.
i I ) SUBCONTRACTOR also warrants that with respect to work performed under this
\greement. that all work is Year 2006 Compliant when used in accordance with the
applicable documentation, provlded that all products used in combination with it (but not
themselves included in or with or incorporated into the work) properly exchange date data
with the work. SU BCONTRACTOR warrants that the work meets all applicable standards
"f the Texas Department of Information Resources relating to the Year 2006 Compliance. In
the event any work performed under this .Agreement is not Year 2006 Complaint, and the
Sl BCONTRACTOR is pmvided written notice thereof, SUBCONTRACTOR shall at its
"ole expense Immediately Cellise such work to become Year 2006 Compliant in a manner that
\\,iil minimize interruption 0 ongoing business processes, time being of the essence.
(i The S l BCONTRACT<)R shall include provisions to effectuate the purposes of this paragraph in
al subcontracts and subgrants under this Agreement in the course of which Intellectual Property may
be produced or acqUIred.
Artlc1e 7
Equal Opp(,rtunity and Affirmative Action
fhe SUBCONTRACTOR shall agree that in the performance of this Contract, it will not
discriminate against any employee ()r applicant because of race, religion, color, sex, age, or national
ongm and It will comply WIth Executive Order 11246, entitled "Equal Employment Opportunity," as
amended by Executive Order 1137~, and as supplemented in Department of Labor Regulations (Title
4! CFR Part 60). The SUBCONTRACTOR assures that no person will, on the grounds of race,
creed, color, handicap, natIOnal ongin, sex, political affiliation or beliefs, be excluded from, be
demed the benefit of. or be subject to discrimination under any program or activity funded in whole
or part under this Contract
Anicle 18
ADA ReqUIrements
The SUB( 'ONTRACTOR shall comply with all applicable requirements of the Americans with
Disabilities Act of 1990.4": U.S,c. ] 21 01 - 12213.
Article 19
Utilization pfSmall. \1inority, and Women's Business Enterprises
The SUBCONTRACTOR agrees that qualified Historically UnderutilizedBusinesses (HUB's) shall
have the maximum practicable oppnrtunity to participate in the performance of this Agreement.
Artic Ie 20
Energy Efficiency Standards
The SUBCONTRACTOR shall follow standards and policies on energy efficiency, which are
contained m the Texas State Energy Conservation Plan issued in compliance with the Energy Policy
and Conservation ACl (P.L 94-163 .
CC'lsta Bend Counci of Govemments
A-9
ArtIcle .2
Acknowledgment elf Financial Support
The SllBCONTRACTOR shall acknowledge the financial support of the TCEQ and COG whenever
\\ork funded, in whole or part. by this Agreement is publicized or reported in news media or
publications. All reports :lnd other documents completed as a part of this Agreement, other than
dl,cuments prepared exclusively for internal use within the COG, shall carry the following notation
on t he front cover n]' title page.
Example:
PREPARED IN COOPERATION WITH THE
tEXAS COA11vIISS!ON ON ENVIRONMENTAL QUALITY
OR
The preparation oJ this report was financed through grantsfrom the State of Texas through
ihc Texas Commis,ion on l~nvironmental Quality.
ArtIcle 2::'
Data and Publicity
A II data and other information developed under this Agreement shall be furnished to the COG and
shall be public data and intormation, except to the extent that it is exempted from public access by
the rexas Open Records/Public Information Act, TEX. GOV'T CODE 552. Upon termination of
thIS Agreement all copies uf data and information shall be furnished, at no charge to the COG, upon
request. tu include data bases prepared using funds provided under this Agreement, and become the
pmperty of the COG. Except as otherwise provided by the Agreement or the Act, the
SUBCONTRACTOR shall not provide data generated or otherwise obtained in the performance of
ib responsibilities under this Agreement to any party other that the COG, State of Texas, and its
authorized agents
A rtlele 23
Hazardous Substances. Waste DisposaL and Manifests
The SllBCONTRA.CTOR and their subcontractors and subgrantees must comply with all applicable
La\\s and Regulations, including but not limited to those relating to hazardous substances, waste
disposal. and manifests.
Artlcle 24
Statues Relating to '\!ondiscrimination
The SlJBCONTRACTOR shall Cl Imply with all applicable state and federal statues relating to
nondiscrimination which mclude. but are not limited to, those listed in the Uniform Grant
Management Standards.
Artlcle 25
Oral and \\; ritten Agreements
All oral or written agreements between the parties hereto relating to the subject matter of this
Contract which were developed and executed prior to the execution of this Contract have been
reduced to writing and are contained in this Agreement.
Artiele 26
Safety and Protectic1n
C lastal 8end Counc1l of Governments
A-tO
Where applicable. the SUBCONTRACTOR shall be responsible for requiring its subcontractor and
subgrantees to maintain and supervise all necessary safety precaution and programs in connection
\\ lth the work. The SUB( 'ONTRJ\CTOR shall take all necessary safety precautions.
Ar1!cle 2-
Force Majeure
1 the extent that eithel party h) 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 decrees ofelr restraints by a government instrumentality, acts of God (exceptthatrain, wind,
fluud or other natural phenomena normally expected for the locality shall not be construed as an act
ot God). work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war,
n:bt'Ilion. and sabotage, in such event the time for the performance of such obligation or duty shall
be suspended until the disability to perform is removed. Determination of force majeure shall rest
s(1lely with the CO(J.
1\0 lime extension shall be granted under this Article unless the party seeking relief has notified the
other in \\riting withm a reasonable time after commencement of the event, of the anticipated length
and cause of delay, the measures taken or to be taken to minimize the delay, and the timetable by
whIch the SUBCONTRAC 'TOR imends to implement these measures. The party seeking reliefshall
alsc give written notIce of rhe ending of the event within a reasonable time after the event has ended.
ArtIcle :28
Emire ('omract
This Agreement, including Attachments A, B, C. D, and E, represents the entire Contract between
the contracting parties and .:;upersedes any and all prior contracts between the parties, whether written
or () ral
C \<lstal Bend Council of Governments
A-II
Coastal Bend Council of Governments
Solid Waste Grant Interlocal Agn'ement
Special Contract Provisions
"'ttachment B
\rtlclc 1
Penod of Performance
fhe period of perf om lance ufthis agreement begins on September 15.2006 and ends on AUf!ust
}1.2007
\.rtlC Ie 2
Scope of Services
! a) A II partIes agree that the SUBCONTRACTOR, in consideration of compensation described in
this Attachment and SUB( 'ONTRACTOR Budget and Authorizations (Attachment E of this
\.greement). shall provide the services with COG as specifically described in the Work Program of
SUBCONTRACTOR (Attachment C of this Agreement) and Schedule of Deliverables from
SUBCONTRACTOR (Attachment Il of this Agreement).
! b) fhe SUBCONTRACTOR agrees to Implement the Project according to the agreed upon budget
shown in Attachment E of this agreement
\rtlcle 3
COG ObligatlOns
a) Measure of Liahility
In consideration of full and satistactory performance hereunder, COG will be liable to
SUBCONTRACTOR in an amount equal 10 the actual costs incurred by SUBCONTRACTOR in
rendering such performance subject to the following limitations:
I COG is not liable for expenditures made in violation of "General Provisions for Texas
Commission on EnVironmental Quality's Standards Applicable to Implementation Projects
and Supplemental Funding Standards",as described in Articles 8 and 9 of this Agreement,
which outline prohibited activities as defined by the Texas Commission on Environmental
Quality (TCEO)
2. COG is not liable for any costs incurred by SUBCONTRACTOR in the performance of
this agreement whil'h have not been billed to COG within thirty (30) days following
termmation of this agreemem
3, COG is not liable 10 SUBCONTRACTOR for costs incurred or performance rendered by
Sl iBCONTRACTOR for costs incurred by SUBCONTRACTOR before commencement of
this agreement or afkr termination ofthis agreement.
4. Except as specifically authorized by COG in '-"Titing, COG is liable only for expenditures
made in compliance with the cost principles and administrative requirements set forth in
Federal OMB Circular A-87.
('oa:ctal Bend Council of Governments
B-1
~ All representatiuns. mdemnifications, warranties, and guarantees made in, required by or
gl ven in accordance with the Agreement as well as all continuing obligations indicated in the
\~reement. will "urvive final payment. completion of the work and termination or
(umpletion "~f the \greemtnt.
(r I \1ethud and Schedule of Payment
Payments: Payments to pass-through grant recIpIents may be made only on a
reImbursement basIs. Upon review and approval of each financial report, COG will make
pavment to SlJBCI )NTRACTOR against COG liabilities to be accrued hereunder.
, SUBCO'\TRAlTOR may account for expenses incurred and request reimbursement of
\\utlays under either a cash (lr an accrual basis. as defined and authorized under the UGCMA.
I, be eligible for reimbursement under this Agreement, a cost must have been incurred and
either paid by the SUBCONTRACTOR prior to claiming reimbursement from the COG or
Itlcurred by the last day of the time period indicated on a request for reimbursement form and
liquidated n() later than fony-five (45) days after the end of that time period.
FinanCIal reporting: fhe COG shall provide financial status report forms and
"upplemental forms to be submitted by SUBCONTRACTOR at least quarterly and/or with
each request for rl'lmbursement to itemize expenditures by budget category. Allowable
expenditures are set forth in Articles 8 and 9 of this Agreement. The COG shall review all
materials provided by the S!'BCONTRACTOR with a request for reimbursement, and shall
11(\1 make a reimbursement payment unless all required items have been provided and are
deemed to he accurate
-1-, In general. expenditure documentation to be maintained by the SUBCONTRACTOR (but
nOl necessanly submitted te' the COG with each Financial Status Report) should be whatever
IS necessaf) to show that the 'Work was indeed performed and that the expense was, in fact,
Incurred. In additi,)fi. the documentation should also support the fact that the expenditure
was reasonable and necessary 10 this Agreement.
.:;. Documents that should be maintained. as appropriate for the expense, include by category,
the records listed belov\
a. S/\LAR Y/WAGFS
Time sheets that have been signed and approved.
h. TRA YF!
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. EQUIP!\lEN"1
Purchase orders, invoices, and canceled checks.
d. Si rpPLlES
Purchase orders (if issued), invoices, receipts, and
canceled checks.
C \astal Bend Council of C.iovernments
B-2
e. SUBCONTRACTS
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.
1". CI)NSTTUJCT[(IN
All applicable documentation required for Equipment,
Salary, Supplies and Subcontractors.
g. OTHER
Purchase orders. invoices, receipts, and canceled
checks.
h. All expenditures under the equipment, construction, or subcontract budget categories
must be approved n advance by the COG. Further, for any "other" category expenses not
..;pecifically spelled out in this interlocal contract, the contract shall require that the
'IT 'BCONTRACT( )R obtain prior \\-Titten approval from COG for that expense.
" rravel Expense~ Reimbursement of travel expenses for out-of-state travel, except where
such travel ]s specifically authorized in writing by the COG, is prohibited. Prior to
authorizing any out-of-statt travel by a pass-through grant recipient, the COG must obtain
wntten appr'Jval fr)m the TCEQ to provide such authorization.
X. If requested by the COG, the SUBCONTRACTOR agrees to provide to the COG the
additional expense records and documentation materials, as listed in Subsection 5 of this
Article, and appropriate 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
pruvided to the COG with a Financial Status Report. The COG will provide reasonable time
jl)r the SUBCONT RACTOR 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 m,mitoring program, the COG will review those records and provide the
Sl BCONTRACT()R a written summary of the findings of that review. The COG will also
alklw the Sl BCONTRACTOR reasonable time to respond to any findings of noncompliance
ur .)ther prohlems Identified by the records review.
t) rhe 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
C()G shall request return and reimbursement of those funds from the grant recipient or,
where appropriate. the application of those funds to other authorized expenses, and shall not
pn ,vide any additional reim bursements to the pass-through grant recipient until the funds are
returned or are appiled to 01 her authorized expenses.
i 0 The SLBCONTRAC rORS contractual costs must comply with allowable costs
requiremenb SUBCONTRACTORS which are governmental entities must engage in
contractor selection on a competitive basis in accordance with their established policies. If
Sl"BCONTRACT()R has no competitive procurement policy or is a private entity,
STBCONTRACT()R must generally select contractors by evaluation and comparison of
price. quality of g(lods or services and past performance. All subgrants awarded by the
SlBCONTRACT()R under this Agreement shall be in accordance with Subpart C, Sec._.37,
C 'Clstal 8end Council of Ciovernments
B-3
Subsection (b) of the State Uniform Administrative Requirements for Grants and
C iloperative Agreements a~ set forth in Part III of the Uniform Grant Management Standards
:ldopted by the GovernorOs Office of Budget and Planning.
(ll SUB( 'ONTRACTOR Close Out Report
l\,) later than thirty (0) days following the termination of this agreement, SUBCONTRACTOR
must submit a COG Contract Close Out Report according to written instructions from COG.
ArtIcle -+
Reporting Requirements
(a, The SUBCONTRACTOR shall prepare and submit to the COG, a quarterly written progress
repnrt concerning performance under this Contract. Such progress reports shall document
accnmplishments and units of work performed under Attachment D of this agreement including
program results. '\ll progress reports shall be submitted within 7 days after the end of each
quarterl~ period sc that COG may submit a consolidated report to TCEQ within 20 days. A final
progress report shal i. be pr< lvided prior to the final request for payment under this Contract, but, in no
case later than 30 days after the end of the Contract period. Payments (reimbursements) required
under this contract may be withheld by the COG until such time as any past due progress reports are
received
(1->) The SUBCONTRACTOR quarterly progress reports required under Section (a) ofthis Article
contain descriptions of activities and costs for the COG to ensure that the provisions of this Contract
are being complied with. 'I 'he SUBCONTRACTOR shall comply with any reasonable request by the
COG for additional information on acti\ ities conducted in order for the COG to adequately monitor
the SUBC ONTRACTOR':-, progress in completing the requirements of and adhering to the provisions
01 this C1lltract. The SUBCONTRACTOR shall certify in writing to the COG, through a final
progress report. the satisfadory completion of all activities and deliverables required under the pass-
thwugh grant agreement
~c The ..,UBCONTRAC rOR 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 Octoher 2002 on the continued results of the project funded under this
Agreement. In addition. the SUBCONTRACTOR shall continue to document, as appropriate to the
type of pruject. the results of the project activities for the life of the program or activity.
(d j The SUBCONTRACTOR's failure to comply with the requirements of this Article
constitutes a breach of this Contract.
ArtIcle .;;
Monitoring Requirements
(3 i CO(l may periodicall) monitor SUBCONTRACTOR for:
The degree of l'ompliance with the terms of this Contract, including compliance with
applicable rules. regulations. and promulgations referenced herein; and
.2 The admmistratlve and nperational effectiveness of the project.
C 1astal Bend Council of Governments
B-4
(ll) COG shall conduct penodic analysis of SUBCONTRACTOR'S performance under this Contract
for the purpose of assessing the degree to which contractual objectives and performance standards, as
identified in this ('pntract dr as suhsequently amended. are achieved by SUBCONTRACTOR.
AI11cle ()
fitle to and Management of Real Property and Equipment
Subject tu the obligatiom and conditions set forth in this Agreement, title to real property and
eqUIpment (together hereafter referred to in this Article as DpropertyD) acquired from funds provided
under this Agreement by the SUBCONTRACTOR shall vest upon acquisition or construction in the
Sf JBCONTRACTOR. All parties agree that upon full performance of this Contract, title shall
remain WIth the SUBCONTRACTOR, provided however, that if this Contract is terminated, due to
substantial failure b) the SUBCOI\TRACTOR to fulfill its obligations under this Contract, title and
ph) ",icai possession of all equipment and constructed fixtures shall, upon written notification from
( 0(1, be transferred in gOdd condition and within five (5) working days to COG.
(a i Subject to the provisions of this Agreement and as otherwise provided by state statutes, property
acquired l1r replace under this Agreement shall be used for the duration of its normally expected
useful Ii fe to support the purposes (,fthis Agreement whether or not the orginal projects or programs
continue 10 be supported by COG ttmds.
(bl fhe SUBCONTRACTOR shall not grant or allow to a third party a security interest in any
onginal ()r replacement property purchased or constructed with funds made available to the
Si lRCONTRACTOR under this Agreement.
(c! rhe use of property aC4uired under this Agreement, both during the term of this Agreement and
for the useful life of the property shall be in accordance with Section 361.014(b) of the TEX.
HEALTH & SAFETY CODE, which directs that a project or service funded under this program must
pm mote cooperation between publiC and private entities and may not be otherwise readily available
or creale d competitive advantage over a private industry that provides recycling or solid waste
scn. Ices
(d 1 rhe 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
system for accountll1g is not in piace 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
sllch a system. The property management system used by the SUBCONTRACTOR must meet the
requirements set forth in this Secti,.m.
(n Property records must be maintained that include a description of the property, a serial
number or other iJentification 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
t he property. the location, use and condition of the property, and any ultimate disposition data
Including the date )f disposal and sale price of the property.
(Il ) A 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
Sl BCONTRACT()R shall include adequate safeguards to prevent loss, damage, or theft of
the acquired pro pert) . An) loss, damage, or theft shall be investigated. The
( 'dsral Bend CounCil of Governments
B-5
Sl iBCONTRACT()R shall develop and carry out a program of property maintenance as
necessary to keep hoth origmally acquired and any replaced property in good condition, and
'0 utilize proper sales procedures to ensure the highest possible return, in the event such
Of\lperty is ~uld
; Ill) Certain lypes If equipment are classitied as controlled assets and are subject to annual
revision. In accordance with the UGMS. the SUBCONTRACTOR should contact the Texas
C I. 'mptroller of Puhlic Acc\ lunts property accounting staff or review the Comptrollers State
Pmperty ACTounting User Manual available on the Internet, for the most current listing.
Fi rearms shall be maintained on the SUBCONTRACTORDs inventory system irrespective of
,xsL and the following eqwpment with costs between $500 and $1,000 shall be maintained
lli the inventory,ystem: 1) stereo systems. (2) still and video cameras, (3) facsimile
machines. (4) VCRs and VCR/TV combinations and (5) cellular and portable telephones.
(C i fhe SUBCONTRAC rOR may It)r the purpose of replacing property acquired under this
Agreement, either trade in or sell the property and use the proceeds of such trade-in or sale to offset
the cost 01 acquiring needl'd replacement property,
(n rhe Sl BCONTRACTI)R agrees that if a determination is made that any property acquired with
funds pro\ided under this\greeml'nt with a current per-unit fair market value of $1 ,000 or more is
nl ionger needed f()[ the OrIginally authorized purpose. the COG has the right to require disposition
olthe property by the SUBCONTRACTOR in accordance with the provisions of this Article.
(g) When. during the useful life of property acquired with grant funds under this Agreement by the
S ( IBCON TRACTOR and with current per-unit fair market value of $1,000 or more, the property is
nl) longer needed t<Jf the originally authorized purpose. the SUBCONTRACTOR agrees to request
disposition instructlOn form the COG Of- if the COG is no longer administering a Regional Solid
V/aste errants Program. the TCEQ. Disposition instructions shall solicit, at a minimum, information
on the source and amount, ,ffunds used in acquiring the property, the date acquired, the fair market
value and how the \ alue \\ as detennined (e.g., by appraisal, bids, etc.), and the proposed use of the
pr()ceeds The assessmen! ofwhelher to authorize the proposed disposition of the property must
include a determination d1at disposition will comply with the private industry provisions of
361 014(b) of the TEXAS HE'\l rH & SAFETY CODE ANN. In cases where the
S iBCONTRACTCIR faiis to take appropriate disposition actions, the COG may direct the
S 1 lBCONTRACH)R to take excess and disposition actions. The dispositions may provide for one
or the alternatives as set f( ,rth in thIS Section.
i () Retam title. sell or otherwise disposed of with no obligation to compensate the COG.
I II) Retain title a Iter compensating the COG. If the COG is compensated by the
"II 'BCONTRACTOR for property acquired using funds provided under this Agreement, the
('OG will in turnompensate 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 amount due will be computed by applying the percentage of state-funded
participation in the cost of ' he original purchase to the fair market value of the property.
(Ill) Sell the property and compensate COG. If the COG is compensated by the
S( 'BCONTRACT()R for property acquired using funds provided under this Agreement, the
('()G will ilt turn 'ompensate the TCEQ or. upon authorization by the TCEQ, use those
(',IS!.1 Bend Council of Governments
B-6
funds for other prolects or activities that support this or similar future programs conducted by
the COCT [he amount due will be calculated by applying the COGOs percentage of
participation in the cost of the original purchase to the proceeds of the sale after deduction of
any actual and rea-.;onable ,-elling and fixing-up expenses. If the grant is still active the net
proceeds fr\)m sale may he offset against the original cost of the property. When the
S! 'BCONTRACl OR IS directed to sell the property, sales procedures shall be followed that
priwide for..'ompetition to the extent practicable and result in the highest possible return.
IV) Transfer tnle 10 the C()G or to a third-party designated/approved by the COG. If the
Sl rBCONTRACT OR participated financially in the original purchase, the
Sl rBCONTRACl OR ma) be authorized payment from the receiving party of an amount
..:aiculated hv applving the percentage of the participation in the original purchase of the
property to the current fair market of the property.
(h) Items uf property with a current per-unit fair market ofless than $1,000 may be retained, sold or
otherwise disposed of by the SUBCONTRACTOR with no further obligation to the COG. Methods
used to determine per-unit fair market value must be documented, kept on file and made available to
the CO(i upon request
(J rhe COG shall II1clude provislOns in its Interlocal Agreements to implement and enforce the
provisions of this Article.
At11cle 7
Compliance with Applicable Laws
The SLBCONTRACTOR 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 laws referred to in this Contract. If the SUBCONTRACTOR or COG
observes that this ("mtract is at vanance therewith in any respect, the observing party shall promptly
notify the other part) in wnting, and any necessary changes shall be adjusted by appropriate Contract
modification. On request. the S I lBCONTRACTOR shall furnish COG modification. If the
Sl JBCONTRACTOR performs any work knowing or having reason to know that it is contrary to
Lms or Regulations, the SUBCONTRACTOR shall bear all claims, costs, losses and damages
caused h) arising out of 01 resulting therefor.
ArtIcle X
Types and 'ltandards of Solid Waste Implementation Projects
l\J~<t.lRI1f<:)rcem e ill
8 Funds may not be provided to any la\\ enforcement agency regulated by Chapter 415, Texas Government
C'de, unless: (a) the law ent~)rcement agency is in compliance with all rules developed by the Commission on
Ld\\ Enforcement Standards and Education pursuant to Chapter 415, Texas Government Code; or (b) the
Cum mission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in
the rrocess of achieving compliance \\ith sllch rules.
8 - When funding is to be pr<Jvided for salaries oflocal enforcement officers, the funds recipient must certify
that at least one of the officers has attended or will attend within the term of the funding the TCEQ's Criminal
EnVironmental Law Enforcement Training or equivalent training.
8 ~ i,ocal '~nforcement vehicies and related enforcement equipment purchased entirely with funds provided
C )dsta! Rend Council of Governments
B-7
under this Agreement may only be used for activities to enforce laws and regulations pertaining to littering and
illegal dumping, and may no1 be used ror other code enforcement or law enforcement activities. Vehicles and
equipment that are \101y partially funded must be dedicated for use in local enforcement activities for a
percentage of time equal to the propo'1ion of the purchase expense funded.
8l EntIties recel\ ing funds 'or a locai enforcement officer, enforcement vehicles, and/or related equipment for
u"e by an enforcement officer, must investigate major illegal dumping problems, on both public and private
v)oert\ III addition Ld inve"tigating general litter problems on public property.
8 , Entities receiving funds 0 conduct a local enforcement program must cooperate with the TCEQ's regional
inwstigative staff in ,dentif~ mg and investIgating illegal dumping problems. Lack of cooperation with the
liTQ staff may constitute a ~eason te withhold future funding to that entity for local enforcement activities.
8 r) Funds may not be usee for Inve"tigation and enforcement activities related to the illegal dumping of
industrial and/or hazardous \'aste. Instances where industrial or hazardous waste is discovered at a site do not
prec lude the investigation 0 that site so long as the mtent and focus of the investigation and enforcement
a..ti,ities are on the illegal dilmping or-municipal solid waste.
LIUt:l.l!.D<.:U \legal Dunillir}g.J lean!!12
87 Lake and River Cleanup events must be coordinated with the TCEQ's cleanup program staff and/or the
Keep fexas Beautiful organizatic\n, \vhich is contracted by the TCEQ to administer the Lake and River
Cleanup progran
8 X Projects funded kl clean up litter C'[ illegal dumping on private property must be conducted through a local
government sponsor or Ihe PERFORMING PARTY. Funds may not be provided directly to a private
landowner or other private responsible party for cleanup expenses. The local government sponsor or the
PERFORMING PART\ must either contract for and oversee the cleanup work, or conduct the work with
Its uwn employees and cquipmen
8 'I rhe costs for cleanup of hazardou.s waste that may be found at a municipal solid waste site must be funded
from other sources, unless a waiwr from this restriction is granted by the TCEQ to deal with immediate
threab to human health,r the environment.
8 ( The lusts for cleanup 111 Class 1 nonhazardous industrial waste that may be found at a municipal solid
waste "ite must be funded from other sources, unless a waiver from this restriction is granted by the TCEQ
to deal with immediate threats t,) human health or the environment. The cleanup of Class 2 and 3
nonhazardous industrial waste that may be found at a municipal solid waste site may be funded in
..::on!unction with the cle,tnup of the municipal solid waste found at a site.
8 All notification. assessment, and cleanup requirements pertaining to the release of wastes or other
chemicals of concern, as required under federal, state, and local laws and regulations, including 30 T AC
Chapter 330. TCFQ's 1\1SW Rules, and 30 T AC Chapter 350, TCEQ's Risk Reduction Rules, must be
..:omplled with as part ot any acti\ ities funded under this Agreement.
8 :' All materials cleaned up usmg funds provided under this Agreement must be properly disposed of or
othef\vise 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
100/0) percent of the reirn bursements under a subgrant or subcontract, until documentation is provided that
the cleanup work has be\,:n completed and the materials properly managed.
Se!urce Reduction and_Remiing
( 1dstdl Bend Council of Governments
B-8
8 Any program or project !unded under this Agreement with the intent of demonstrating the use of products
made trom recycled and/or reused materials shall have as its primary purpose the education and training of
"esidents. governmental officials pnvate entities. and others to encourage a market for using these
'natenals
.Lofa~Ji d _ Waste _I'0_'!.nagem ~nt P I an S
8 ! 4 All local solid waste management plans funded under this Agreement must be consistent with the
PERFORMING PARTY's regional solid waste management plan, and prepared in accordance with 30
fAC Subchapter O. Chapter 330. TCEC) Rules. and the Content and Format Guidelines provided by the
rCFQ
8 ~. In seiecting a local solid waste management plan project for funding. the PERFORMING PARTY shall
ensure that at least one \ ear is available for the completion and adoption of the local plan.
8 i 6 Local solid waste management plans may not be considered for funding by the PERFORMING PARTY
until the PERFORMlNC PART)'s regional solid waste management plan has been amended.
!:nlzens' Collection Stations,"Small" Registered Transfer Stations. and Communitv Collection Events
8 -, The design and (onstrultion of citizens' collection stations, as those facilities are defined under 30 T AC
Chapter 33-0. TCEQ RUles, may he funded. The costs associated with operating a citizens' collection
~tation once it is completed may not be funded.
8 . 8 The design and constru..:tion of small municipal solid waste and liquid waste transfer stations that qualify
for registration under S3i0.4(d) 01 ~330.4(r), TCEQ Rules, may be funded. Other permitted or registered
transfer stations may nl'[ be funded. A municipal solid waste transfer facility may be eligible for a
registration ifit serves a municipality with a population ofless than 50,000, or a county with a population
dfless than 85,000, or is used in the transfer of 125 tons or less of municipal solid waste per day. A liquid
waste transfer station may qual it) tor a registration if it will receive less than 32,000 gallons or less per
day 'he costs associated with operating a transfer station once it is completed may not be funded.
8 lj Pericldic community ccd lection events. to provide for collection and proper disposal of non-recyclable
residential waste materials for which there is not a readily-available collection alternative, may be funded.
fhis type of project may not include regular solid waste collection activities, such as weekly waste
collection. Funded collection events may be held no more frequently than four times per year, and must
()Illy be intended to provide residents an opportunity to dispose of hard- to-collect materials, such as large
dnd bulky items that ar\.' not picked up under the regular collection system, and might otherwise be
'lIegally dumped by residents
Household Hazardous Waste Management
8 20 All huusehold hazardous waste collection, recycling, and/or disposal activities must be coordinated with
the TCEQ's HHW program staff. and all applicable laws, regulations, guidelines, and reporting
requirements must be followed.
8 :::! All Texas Country Cleanup events must be coordinated with the TCEQ's Texas Country Cleanup
program staff, and all applicable laws. regulations, guidelines, and reporting requirements must be
foil 0\\ ed.
I~~hnic.a.L "tudie?
822 All technical studies funded under thiS Agreement must be consistent with the PERFORMING PARTY's
regional solid waste managemenl plan. and prepared in accordance with Guidelines provided by the
('astal Bend Council of Governments
B-9
rCI-('
E.cj [lcati Ollil L and IlJljnl!JKEr< \1 ecls
8.:' 3 Educational and trainini.1 programs and projects funded under this Agreement must be primarily related to
the management \lfmunicipal solid waste, and funds applied to a broader education program may only be
used fur those portions (I' the program pertaining to municipal solid waste.
QtlleIJi12-es of ~I9i~~t~
8.:4 jf the TCEO authorize~ the PERFORMING PARTY to fund additional types of projects, under the
process set forth in Sectiun 8.2.9., Program Conditions, of this Agreement, the authorization incorporated
mto thiS Agreement may IOclude additional standards and restrictions that shall apply to use of funds for
that pmject or type of pro liect
ArtIcle q
Supplemental Fundmg Standards
Q('DeraJ:"i!andard~
9 The provisions ()f the Uniform Grant Management Standards (UGMS) issued by the Office of the
G,'\ ernor apply to the use ,f these lunds. as well as the supplement financial administration guidance
established by the TCEO to be applieo under all contracts, TCEQ Allowable Expenditure Guidelines.
9._. Recipients offunds under this Agreement, including the PERFORMING PARTY, subgrant recipients,
and subcontractors shall comply with all applicable state and local laws and regulations pertaining to the use of
state funds. including laws cltlcerninb the procurement of goods and services and competitive purchasing
requirements
9. :, Funds may not be provided through a subgrant or subcontract to any public or private entity that is barred
ffi\m partiCIpating in state Ci lntracts by the Texas General Services Commission, under the provisions of
~:! "5.0""7 Government Code, and 1 TAC ~ 113.02, GSC Regulations.
9J, Public and private entities subject to payment of state solid waste disposal fees and whose payments are in
arrears ma: not reeei\c fund' under this agreement through either a subgrant or subcontract.
9. . In acc\~'rdance with 93610] 4(b), Texas Health and Safety Code, and 30 T AC 9330.569(d), TCEQ Rules,
a project or service funded under this Agreement must promote cooperation between public and private entities
and may not be otherwise readily available or create a competitive advantage over a private industry that
pru\ Ides re(ycling or ,>olid waste servil es. t nder this definition, the term private industry included non-profit
and lOt-for-profit non-governmental e'ltities
9(;. /\11 equipment and facililies purchased 1lI constructed with funds provided under this Agreement shall be
u,>ed for 1hl~ purposes intended in the funding agreement.
9. , A proJect or servIce funded under this Agreement must be consistent with the PERFORMING PARTY's
approved regional sol id was1t: management plan. and must be intended to implement the goals, objectives, and
pnorities e"tablished in the regional plan.
9 i< Funds may not be used u acquire land nr an interest in land.
9. '-1. Fund,> may not be used to supplant eXisting funds. In particular, staff positions where the assigned
functions will remain 1he same and thaI were active at the time of the funding application or proposal, and were
C'dstal Bend Council of CJovernments
B-IO
funded from a source other tnat a previous solid waste grant, may not be funded.
9 () Funds may not be used for food x entertainment expenses, include refreshments at meetings and other
functions. fhis provision does not apnly 10 authorized employee per diem expenses for food costs incurred
while on travel status
9 i Funds may not be used tor payment of salaries to any employee who uses alcoholic beverages on active
duty Funds may not he usell for the purchase of alcoholic beverages, including travel expenses reimbursed
w,th these funds.
9 ::: Funl1s may not be used for employment or otherwise contracts for services of a lobbyist or for dues to an
organization which employs,r othem ise contracts for the services of a lobbyist.
9 - Funds may only be used for prolects III programs for managing municipal solid waste.
9 4 Except as may be specl tically authorized in this Article or elsewhere in this Agreement, funds may not
be used tor 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
restnction may be waived by ! he TCEQ. at its discretion, for recycling and other eligible activities that will take
pLlce within the boundaries (,f a permitted facility. The applicant and/or the PERFORMING PARTY must
request a preliminary determination frc,m the TCEQ as to the eligibility of the project prior to the project being
considered for fundin~ by tht, PERFORMINCJ PARTY
9. S Projects or facilities requiring ,j registration from the TCEQ, and which are otherwise eligible for
fundmg. must have received 'he registration before the project funding is awarded.
9 : 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:
sOlid waste collection and transportatidn to a disposal facility; waste combustion (incineration or waste-to-
energy); processing for reducmg the viJlume of solid waste which is to be disposed of; landfills and landfill-
reiated facilities, equipment.' ,r activities, including closure and post-closure care ofa permitted landfill unit; or
other actlvlties and facilitieslssociateo with the disposal of municipal solid waste.
9. '7 Funds may not be USe(1 to assist an ~ntjty or individual to comply with an existing or pending federal,
statt:. or local judgement or en forcement action. This restriction includes assistance to an entity to comply with
an order to clean up and/or remediate problems at an illegal dump site. However, the TCEQ may waive this
restnctions, at its discretion and on a limited case-by-case basis, to address immediate threats to human health
or the environment. and where it is demonstrated that the responsible party does not have the resources to
comply with the order
9. 8 Funds may not be used to pay penalties Imposed on an entity for violation offederal, state, or local laws
and regulations. This restriction includes expenses for conducting a supplemental environmental project (SEP)
under a federal or stat<: order ,)r penalt\. Funds may be used in conjunction with SEP funds to support the
san1\.' project
Article 10
Funds in th\.' MSWI>TRF
(a. It is the understanding uf the parties that the source of the funds provided by the COG is the
Municipal 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 m the MSWDTRF will be depleted prior to completion of this Agreement. The
partIes agree that all funding arranged under this Agreement is subject to sufficient funds in the
MSWDTRF. The SUBCONTRAC TOR shall place this notice in all subgrants and subcontracts.
( !dstal Bend Council of Governments
B-1!
ArtIcle I
Contlict of Interest
The SUBCONTRACTOR shall notify the COG immediately upon discovery of any potential or
actual conflict ofmrerest. The SUBCONTRACTOR agrees that the COG and/or the TCEQ have
sIde discretion to determine whether a conflict exists and that the COG and/or the TCEQ may
termmate the Agreement dl any time. ,m the grounds of actual or apparent conflict of interest.
d. Valice 01 Conjbct (~llnteres!: The SUBCONTRACTOR shall notify the COG in writing
,Ir any actuaL apparent. or potential conflict of interest regarding any individual performing
\lr having access t, I information regarding the work. As applicable, the notification shall
mclude both organizational conflicts or interest and personal conflicts of interest. Any
J ndividual \\lth a personal ~onflict of interest shall be disqualified from taking part in any
\vay in the performance of ,my work that created the conflict of interest.
ArtIcle :
Authorized Representatives
(a ['he COG hereb) designates the person in Exhibit B-1, Project Representative, as the individual
authorized to give direction to the SUBCONTRACTOR for the purposes of this Contract. The COG
Project RepresentatlVe shall not be deemed to have authority to bind the COG in contract unless the
Executive Director \)f the 'OC; has delegated such authority.
(b) Immediately upon receiving the Purchase Order or Notice of A ward, the SUBCONTRACTOR
shall identify, as its Project Representative, the person authorized to receive direction from the COG,
tu manage the work being performed. and to act on behalf on the SUBCONTRACTOR. The
SUBCONTRACTOR'S Project Representative shall be deemed to have authority to bind the
SUBCONTRACTOR in c\ mtract unless the SUBCONTRACTOR. in writing, specifically limits or
denIes such authority to the SUBCONTRACTOR'S Project Representative.
(C) Either party may change its Pmject Representative. In addition, the Project Representative of
eIther pany may further delegate his or her authority as necessary, including any delegation of
authority to a ne" Project Representative. The party making the change in Project Representative
shall pnn Ide written notice of the ~hange to the other party.
(d) The SlJBCONTRACI OR shall ensure that its Project Representative, or his or her delegate, is
a\adable at all times for c\lnsultation with the COG.
( :.astal Rend Counci t of Governments
B-12
Exhibit B
fhe COG designates the indivIdual named below as the Project Representative for COG:
'Jame:
Rebecca Martinez. Environmental Coordinator
\Jdress:
Coastal Bend Council of Governments
P.C} Box 9909
Corpus Chnsti. TX 78469
fEI . (361) 883-5743 FAX: (361) 883-5749
fhe SUBCONTRACTOR designates the individual named below as the
Sl :BCONTRACTOR's Project Representative. The SUBCONTRACTOR's Project
RepresentatIve is the person authorized to receive direction from the COG, to manage the
Wi )rk being performed, and to act on behalf of the SUBCONTRACTOR:
'Jame:
Pau I Bass
\Jdress:
P.O Box 9277
Corpus Chnsti. Texas 78469-9277
fEi. 361-826-1968
FAX: 361-826-1971
(\astal Bend Council of Governments
Exhibit B
Coastal Bend Council of Governments
Solid Waste Grant Interlocal Agreement
Work Program of SUBCONTRACTOR
Exhibit (
Goal: r---""______n__._
I Goall: Ensure the proper management and disposal of municipal solid waste.
14 Education and Training - Promote the continued training and education of professionals and the
publ ie to make them aware of a variety of solid waste topics that affect the proper management
and dispr.sal of solid waste in the region
Objective I: Purchase EducatillDal Materials
l'ask I a: Purchase Educational ~1ateflals
Objective 2: Report the progrt'ss of the work program task and measure of program effectiveness.
[ask 2a: Turn 111 Summary Repol1s (Form PT-S I) to identify progress of the project in three-month intervals.
rime Frame Summar~. Report due December 15.2006 (to report on September, October, November), March
5 2007 (to report or December January, February). June 15. 2007 (to report on March, April, May) and
Sentember 15 2007 (1 report 011 June July, August).
iask 2b Tun. in Results Repcrts ! Form PT -R I) to Identify specific results being accomplished by the
ImplementatIOn OfyOUl project
lIme Frame Results Report due December 15,2006 (to report on September, October, November), March 15,
2007 (to report on December. lanuar). February), June 15, 2007 (to report on March, April, May) and
'-,eDtember 15.2007 (t, report 011 June. luly, August),
rask 2c: rurn 111 Financial SlatusiReimbursement Requests (Form PT-FI, PT-F2, and supplemental
do~umentation as idem dies 111 the SpeCial Contract Provisions (Attachment B) section, Article 3(b) 5, located on
pa"e B-:::'
lIme Frame IinancLtI Status Report'Reimbursemem Requests due December IS, 2006 (to report on
September. October, l\ovember) \1arch 15,2007 (to report on December, January, February), June 15,2007
10 report on March. April. \1ay and September 15.2007 (to report on June, July, August).
C lastal Bend Council of Governments
Exhibit C
Coastal Bend Council of Governments
Solid \Vaste Grant Interlocal Agreement
Schedule of Deliverables from SlJBCONTRACTOR
Exhibit D
a~k 4a Summary Reran
a:,K 4b Results Repcrt
a~k 4c F manclal Status Report/Reimbursement Request
December 15, 2006;
March 15,2006, June 15,
2006 and September 15,
2006
December 15, 2006;
March 15,2006, June 15,
2006 and September 15,
2006
December 15, 2006;
March 15,2006, June IS,
2006 and September] 5,
2006
PT-R Forms
PT-FI, PT-F2, and
supplemental documentation
(,astdl Bend Council of Governments
Exhibit D
Coastal Bend Council of Governments
Solid Waste Grant Interlocal Agreement
Subcontractor Budget and Authorizations
Exhibit E
Description
Other Educational Materials
I TOTAL
L_____
Cost
$15,000.00
$15,000.00
( (,aslal Bend Council of Governments
Exhibit E