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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 t,: i :>f-7~ ~ j ,:' ~ /~ . J6h;; Buckn~~--- ---- Executive Director It ~-~ ~A) . .J<.t!\ ey . Kapl Director of Streets and Solid Waste Svcs Date _I . --~'---,.- --(--'.....---.------ Date: .'"\- I I , . ., ---, '., l.d~~...:~.~~:. AU II'IUt<,U.. Coa>tal Rend Council (,fGovernments ~ COUNC,l__....L~.L!31 vb 1 -p.C '~f:r.i;iA~~~ I .,'( 1/,-"U 2006-468 ] 0/ I 0/06 Res02 '7(1] 2 (0(" 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 2 C Work Program of SUBCONTRACTOR D Schedule of Dcliverables from SUBCONTRACTOR F SUBCO'JTRAC'TOR Rudget and Authorizations CCllstai Bend Co unci ! of Covernments 3 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. COdstal Bend Council of Governments A-I 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 Cc Ista: Bend Counci: of Governments A-2 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 C, .ast,l! Bend Council of Ciovernments A-3 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. C ast,lI Rend Council of Governments A-4 ( ) 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 A-5 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 CClstal Bend Counci i of Ciovernments A-6 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 :'(),stal Bend Council of (;,)Vernments A-7 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 astai Bend Council of Governments A-8 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