HomeMy WebLinkAboutC2008-108 - 4/8/2008 - Approved ATAL BLND ~TNIL ~~IMEI~T
~LYD ATL RAFT INTERL~AL ARELII~E~T
H~usel~o~d I~a~ard~us ~w~~e
The coastal Bend council of governments ~~C~}has received a grant through a contract with the
Texas omn~ission on Environmental duality,which authorizes cog to redistribute solid waste fees
to support local and regional solid waste projects that arc consistent with the regional solid waste
management plan, This interlocal agreement is a subcontract ofthe egg's contract with the TES.
Funds for this agreement come from Solid haste Disposal and Transportation Fees.
The ~ and the SUB~NTRATgR certify that they have authority to perform the services
contracted far by authority granted in The Interlocal oaperation Act," Teas govcrr~tnent bode,
chapter 791
This Interlocal Agreement is entered into b~ and between the parties named below. neither T1;
nor the State of Texas is a party to this antract,
I. ~~NTRAT~1~G~ PARTI~;
The auncil of governments: Coastal Bend ouncrl of ~avern~nents
The ~BONTRATg~; City Qf Carpus Chrrstl
I~. C~NTI~ACT ADMI~ITRATI~N ~R~~ISIDN:
See "Attachment A -general contract Provisions" "Attachment l3 'Special contract
Provisions"
III. ~RVIE T~ BE ~I'~R~Vi~D;
fee "Attachment - work Program of SBCg~TRAT~R" 'Attachment D - schedule
ofDeliverables from S[JBgTRA~T~~"
• ~ ~u~~~~~c~~~
I~, B~7D~~T A~N~I PAYMENT` PR[~C~DUIS:
UI~CI
1.
See "Attachment E ~ SUB~NTRA~TgR Budget and Authorizations"
s~~~r~ .
~1v~L o~ ~~EI~NIVI~I~T UBC~I~T~ACTR
aasta~l Bend Council of Cavernments Ci of corpus Christi
~
Jo Buckner eff Kaplan
Executive Director Director, Streets and Solid Waste
Date Date: . boo
. ~ w ~ ~
~~~r~~~
Res. 4~7~2 ~oast~l Bin Council ofCiovernm~nts ~
8~~
coastal Bend council of~o~vernments
solid astc grant Interlocal Agreement
Table of contents
A, reneral contract Provisions
Article 1 Legal Authority
Article ~ Scope of Services
Article 3 Purpose
Article 4 eligible ApplrcantslRecipients
Article 5 Responsibility of the Subcontractor
Article 6 Licenses, Permits and laws
Article 7 Uniform grant and antract Mar~agernent Act
Article S Release of claims
Article ~ Insurance and L1a~111ty
Article IO Accounting Systems
Article 1 l AuditlAccess to Records
Article l2 independent Financial Audit
Article 1 changes
Article 14 Termination
Article 1 Severablllty
Article 1 G Intellectual Property
Article 17 Fqual opportunity and Affirmative Action
Article 18 ADA Requirements
Article 1 ~ Utilisation of Small, Minority, and ~Uomen's Business Enterprises
Article 2a energy Efficiency Standards
Article ~ 1 Acknaledgment of Flnanclal Support
Artlcle ~ Data and Publlclty
Article 2~ Ha~ardaus Substances, haste Disposal, and Manifests
Article ~4 Statues Relating tv Nondiscrimination
Article ~5 Dral and Britten Agreements
Article 2~ Safety and Protection
Article 27 Force Ma~eure
Arklcle Z$ Ent1re ~Ontract
B, Special contract Provisions
Article I Period of Performance
Article 2 Scope of Services
Article ~ ~bllgatlons
Article 4 Reporting Requirements
Article 5 Monitoring Requirements
Article G Title to and Management of Real Property and Lquipn~ent
Article 7 Compliance with Applicable Laws
Article 8 Types and Standards of Solid haste Implementation Projects
Article ~ upplerrxental Funding Standards
Article 10 Funds in the SDTRF
Article ~ ~ COnfllct of Interest
Article l2 Authari~ed Representati~res
~aastal Bend council of governments ~
Work Pragram of U~~TRA~T~R
D, schedule of Deliverables 1~ram UB~~'TRAT~I
E. ~B~N~`RA~TO~ ludge~ and Authariza~ians
aas#al Bend council of C~vv~rnt~ents
Co~sta~ Bend Council of Governments
Sala waste Grant ~nterlocai Agreement
General Cant~ract Provisions
Attachment A
Article 1 Legal Authority
The SUBCONTRACTOR and CC~G shall conduct the activities funded under this agreerr~ent in
accordance with all provisions afthis agreement, including ail applicable state and local laws, rules,
regulations, and guidelines. The main governing standards Include, but nay not be limited to the
fallowing:
~ 1 } 3 ~ 1.U 14, TES, HEALTH SAFETY CODE;
{2} 3~~,5~ afthe TCEQ Municipal Solid waste Regulations TAC Chapter 330};
and
The Uniform Grant and Contract anaerr~ent Act, TES. GOVT CODE, 7S3,aa1 et,
set,, and the Uniform Grant and Contract Managerrlent Standards, 1 Texas
Administrative Code ~TAC},5.141 et. seq, {collectively, UGCMA},
Article ~ Scope of Services
The services to be performed by the SUECOTRACT~R are outlined in the General Contract
Provisions {Attachment A}, Special Contract Provisions {Ai,rtachment work Program of
SUBCONTRACTOR {Attachment C}, Schedule of Deliverables from SUBCONTRACTOR
Attachment D}, SUBCONTRACTOR Eudget and Authorizations {Attachment E}, and any Change
Orders, which are later incorporated into and made a part of this Agreement as if set out ward-for
ward this Contract {Agreement}.
Article 3 Purpose
{a} The purpose afthis Agreement is to accomplish the goals of ~ 1,~14{b}, TES, HEALTH AND
SAFETY CGDE, as they relate to distributing solid waste fee revenue funds to support local and
regional solid waste pro
j ects consistent with the regional solid waste management plans approved by
the TCE and to update and maintain those plans.
{b} Under the overall goals ofthe funding program established under ~1,~14{b}, TES, HEALTH
AND SAFETY CODE, the more specific purposes of this Agreement are:
~ , Ta enable the COG to carry out or conduct various municipal solid waste management-
related services and support activities within the COG's regional jurisdiction; and
To administer an efficient and effective, region-wide, pass-through {suhgrantee}
assistance grants program andlor, where authorized by the CEO in accordance with Article 4
of this Attachment, to conduct various COG - managed proj ects,
Coastal Bend C~un~il afGavernments
Article ~ E1lgzble Appllcat~tslReclp~ents
~a} eligible pass-Through Grant Recipients
1 ~ Only those local and regional political subdivisions located within the Mate of Teas as
listed below are eligible to receive funding from the ~ as a pass-through grant;
{i} pities;
{11~ ountl~s;
viii} Public schools and school districts {does not include universities or post
secondary educat~onallnstltlltlons}; arld
Div} Other general and special law districts created in accordance with state law,
and with the authority and responsibility for water quality protection or
municipal solid waste management, to include river authorities,
{v} council of Governments
~ ~ Local and regional political subdivisions that are subject to the payment of state solid
waste disposal fees and whale fee payments are in arrears, as determined by the TES, are
not e11g1b1e to recelvepass-through grant funding from the BOG. The TE shall provide,
an a quarterly basis, the HOC a list of entities far which fee payments are in arrears, The
COC shall allow a potential pass,thraugh grant applicant that 1s listed as being in arrears 1n
its fee payments the opportunity to provide dacurnentatian of payment of the fees awed the
state. If the potential applicant pro~rides the BOG with documentation of payment of the
fees, such as a canceled check or receipt frorrr the state, the COG may consider that applicant
to be eligible to receive pass-through grant funding under this agreement. The BOO sha11
notify the TE of any applicants for which determination of eligibility was made under
this subsection with the list of pro
j ects to be provided under the requirements set forth in
Article 7~7.~ ofTO antract No~S2-4-~55~9.
Article ~ Responsibility of the Subcontractor
~a} The UBOONTRAOTOR sha11 be responsible for the professional quality, technical accuracy,
timely completion, and the coordination of all services and other work furnished by the
~UBONTRATOR under this Agreement, asset forth in Attachment of this Agreement.
{b} The SU~~ONTRA~TOR shall perform such services as may be necessary to accomplish the
work required to be performed under this Agreement, in accordance with the HOC and contractual
requirements and any and all applicable lawf
{c} The ~ nay require the SCIBONTRATOR to correct or revise ar~y errors, omissions, ar
other deficiencies in any reports or services provided by the UBONTRAOTOR to ensure that such
reports and services fulfill the purposes of this Agreement. The S~1~B~ONTRAOTOR shall make the
required corrections ar revisions without additional cast to the OOG.
~d} Neither the OG's review, approval ar acceptance of, nor payment for any of the services shall
be construed to operate as a waiver of any rights under this Agreement yr of any cause of action
Caast~l Bend Council ofCrovemments
arising out ofthe performance ofthis Agreement;and the UI~~ON`fRATOR shall be, and remain,
liable in accordance with applicable lam far all damages to the CSC including reasonable attorneys'
fees and court costs caused by the UB~~NTRAT~R's negligent performance of any of the
services furnished under this Agreement.
fie} The abltgations of the UB~NTRATOR under this Article are ~n addition to the
UB~~NTRAT~R"s other express or implied assurances under this Agreement or applicable law,
All contractual expenditures using funds provided under this Agreement shall meet all
procurement lames and regulations applicable to the ~UB~NTRATC~R and their subcontractors
and the Uniform grant and contract Management Act and the Uniform Grant Management
tandards~ Nate that competitive bidding mill generally be required.
~g~ The UB~NTRA~T~R shall be responsible for the management and fiscal monitoring of all of
their subcontractors and subgrantees, The UB~~NTRATR shall monitor its subcontractors and
ubgrantees as necessary to ensure that their subcontractors and subgrantees are operating
tonsistentZy with applicable lames and regulations, applicable contracting policies, and this
Agreement. The UB~ONTRAT~R shall ensure that their subcar~tractors and subgrantees comply
with all retard beeping ar~d access requirements set Earth in this Agreementf The 0 reserves the
right to perform an independent audit ofall U~C~NTRATQR subcontractors and subgrantees,
The UBONTRATOR, UB~NTRA~T~R subcontractors and ~U~ONTRATQ
subgrantees shall maintain detailed retards,
Article ~ Licenses, Permits and Lames
The ~UB~NTRA~T~R shall, except as otherwise provided in this Agreement, be responsible far
obta1n~ng any necessary licenses and permits, and for complying with any applicable Federal, Mate,
and municipal laws, caries, ordinances, and regulations, in connection with the work required by this
Agreement.
Article 7 Uniform grant and contract Management Act
The provisions of the Uniform grant and contract Management Act ~"U~~MA"~ apply tc this
Agreement to the extent required by lam.
Article 8 Release of Maims
Upon satisfactory completion of the ~rork performed hereunder and prior to final payment under this
Agreerr~ent far such work, or prior to settlement upon termination of this Agreement and as a
condition to final paymentlsettlement, the UB~NTRAT~R shall execute and deliver to the
~ a release of all claims against the arising under Qr by virtue of this Agreement
Article 9 Insurance and Liability
UB~~NTRAT~R shall maintain insurance coverage for work performed or services rendered
under this contract as specified 1n the peclal Pravis~ans. U~ONTRAT~R understands and
agrees that it shall be liable to repay and shall repay upon derrrnd to ~C any amounts determined
by Q~, its independent auditors, or any agency of state ar federal governments to have been paid in
violation of the terms of this ,Agreement.
o~stal Bend auncil of ~avernments
Article 1 a Accounting Systems
The SUBDNTRA~TDR shall have an accounting system which accounts for costs in accordance
with generally accepted accounting standards or principles and complies with applicable Mate law,
regulations, and policies relating to accounting standards or principles. The SUB~DNTRATDR
must account for costs in a rr~anner consistent with such standards or principles.
Article 11 AudltlAccess to Records
{a} The SUBDNTRATDR shall maintain and make available for review, inspection andlor audit
books, records, documents, and other evidence reasonably pertinent to performance on all work
under this Agreerr~ent, including negotiated changes or amendments thereto, in accordance with
accepted professional practice, appropriate accounting procedures and practices at the
StJIDNTRATDR' office. The SUB~NTRATDR shall also maintain and make available at
its Texas office the financial information and data used by the SU~DNTRA~TDR or its designee
including independent financial auditors} in the preparation or support of any cost submission or
cost direct and indirect}, price or prof1t analysis for thls Agreement or any negotiated subagreement
or change order and a copy ofthe cost summary submitted to The Q~, Texas Mate Auditor's
off
ice, or any of duly authari~ed representatives, shall have access to such books, records,
documents, and other evidence far the purpose of review, inspection andlor audit, During the
conduct of any such review, audit or inspection, S[JB~DNTRAT~I~'s books, records, and other
pertinent documents nay, upon prior conference with the UB~DNTRATQR, be copied by the
D ar any of its duly authorl~ed representatives, All such information shall be handled by the
parties in accordance with gaol business ethics, The S~J~DNTRATDI shall provide proper
facilities w~th~n the Mate of Texas for such access and inspection,
{b} Audits conducted under this provision shall be carried out in accordance with Mate law,
regulations and policy, and generally accepted auditing standards and established procedures and
guidelines of the reviewing ar audit agency{ies}.
{c} The SUBONTRAT~I~ agrees to the disclosure of all information and reports resulting from
access to records pursuant to Section {a} of this Article to ~C, where the audit concerns the
S[J)ONTI:~AT~R, the auditing agency will afford the SUBONTRATDR an opportunity for
an audit exit conference and an opportunity to comment an the pertinent portions of the draft audit
report,
{d} >ecords under Section ~a} of this Article shall be maintained and made mailable during the
entire period of performance of this Agreement and until three {3}years from date of finat CDC
payment for the project. In add~t1on, those records which relate to any dispute, litigation, or the
settlerrient of claims arising out of such performance, or costs or items to which an audit exception
has been taken shall be maintained and made available until completion ofsuch action and resolution
of all issues which arise from it, or until the end of the regular three-year period, whichever is later,
{e} Access to records is not limited to the required retention periods. The authorized representatives
designated in Section {a} of this Article sha11 have access to records at any reasonable tirrre for a
long a the records are maintained,
Coastal Bend Council of governments
~f} The right to audit and access to records Article applies to financial records pertaining to all
subagree~nents and all subareement change orders and amendments. In addition, this right of access
applies to all records pertaining to all subagreeents, subagreement change orders and subagreement
arr~endrnents to the extent the records reasonably pertain to subagreement performance; ifthere is any
indication that fraud, gross abuse or corrupt practices maybe involved; ar if the subagreement is
terminated far default or far convenience,
fig} The CSC reserves the right to require the reimbursement ofanyover-payments determined a a
result of any audit or inspection of records kept by the ~JBC~NTRACT~R an work performed
under this Agreement.
~h} The UBC~NTRACT~R shall include ectians ~a} through fig} of this Article in all
subareements and all change orders directly related to project performance.
Article ~ 2 Independent inancial Audit
The UBC~NTACTOR shall adhere to the dingle Audit requirements of the 1~~rCA, The
UBC~IVTRACT~R shall deliver to the ~ each audit report within thirty ~~a} days of
completion of the audit report, The UBC~VTRACT~R is responsible for including the dingle
Audit requirements in all subagreements and shall be responsible far insuring adherence to those
requirements by all subrantees and subcontractors,
Article 1 Changes
~a} A l~aj or Change will include one or inure of the following;
~1} an increase or decrease in the amount afcompensation to the UBCO~TRACTOR;
~2} an extension or shortening of the term of the Agreement;
{3} a significant change 1n the scope ofthe Agreement or the servlGes to be performed; or
any action that is beyond the authority of the Executive Director or the Project
Representative of the C~C~.
fib} Implementation of a laj or Change must be preceded by a formal written amendment to the
Agreement. The amendment must contain a description of the proposed change. The amendment
must be signed by persons authorized to bind each party in contract, Any amendment that will
exceed the contractual authority of the l~xecutive Director of the CO~r also requires the consent, at
Agenda, of a majority of the CBC~ governing Board,
~G} Any proposed change that is not a Major Change may qualify as a Minor Change, ~n addition, a
delay ar change in the work resulting from inclement weather will be treated as a Nlinar Change. A
1Vlinor Change sha11 require the written agreement of both Pra
j ect Representatives, but does not
require a formal amendment to the contract. A copy of the authorisation must be retained in the
appropriate file of bath the ~7BC~~TRACT~R and the
~d} lfthe ~C1BC~NTRACT~R requests a 1Vlinor Change and the project Representative ofthe ~
does not approve the request as a 11~Iinar Change, then the change shall be deemed a Maj or Change
Coastal Bend Council of Governments
and the SUB~NTRATO1~ may only obtain authorization to proceed in accordance with
eetlon {b} of this Article,
{e} ~fthe SU~~NTRATOR males any changes in personnel whose salaries are funded by this
grant, SUBONTRATOR must give ~G prior notification and obtain prior approval from BOG.
{f} Any alterations, additions, ar deletions to the terms of this contract which are required by
changes in Federal law or regulations are automatically incorporated into this Agreement without
written amendment hereto, and shall became effective on the date designated by such law or
regulation, provided if the SUB~~NTRATOI~ may not legally comply with such change,
SUB~NTRAT~R may terminate its participation herein as authorized by Article 14.
{g} ~G may, from time to tinge, require changes in the Scope of the Services of the
UB~NT~ACT~R to be performed under this Agreement. Such changes that are mutually agreed
upon by and between ~ and the U~ONTRAT~R in writing shall be incorporated into this
Agreement,
Artlcle ~ ~ Terminat~on
{a} This Agreement terminates upon full performance of all requirements contained herein, unless
extended in writing.
{b} This Agreement may be terminated in whale ur in part in writing by either perky in the event of
substantial failure by the other party to fulfill its obligation under this Agreement through na fault of
the terminating party, Failure on the part of the SUB~NTRATDR to comply with the conditions
set forth in the agreement shall be the basis far termination ofthe agreerrrent andlor the revocation of
any unexpended or inappropriately expended funds. Provided that no such termination may be
effected unless the other party is given:
~ 1 } not less than ten { 10} days written notice {delivered by certified mall, return receipt
requested} of intent to terminate; and
an opportunity for consultation with the terminating party prior to terminations
{c} This Agreement may be terminated in whole or in part in writing by the CMG for its
convenience: Provided that the SU~~NTRA~T~R. is given not less than ten {Ia} days written
notice {dellvered by certified mall, return receipt requested} of intent to terminate.
{d} Iftermination far default under Section {b} afthis Article or termination for convenience under
Section {c} afthis Article is effected by the BOG,any payment due the UB~~NTRAT~R at the
time oftermination may be adjusted to the extent of any additional casts occasioned to the ~~G by
reason of the SU~~NTRAT~R's default. The equitable adjustment far any termination shall
provide for payment to the SUBC~NTRATQ far services rendered and expenses incurred prior
to the termination, in addition to termination settlement casts reasonably incurred by the
UBONTR.A~T~I~ relating to commitments which had became firm prior to the termination,
{e} Upon receipt of a termination action under Sections {b} or ~c} of this Article, the
SU)~~NTRA~TOI~ shall:
Coastal Bend Council of Governments
~ 1 ~ promptly d1scont~nue all services affected sunless the nat1ce directs otherwise; and
deliver or otherwise make available to the ~ all data, drawings, specifications,
reports, estirriates, summaries, and such other inforrnatian and materials as may have
been accumulated by the UB~NTRAT~R in performing this Agreement,
whether completed or in the process,
Upon tern~~nat~on under sections ~ and ~c} ofthis Article, the 0 may take over the warlc and
prosecute the carne to completion by agreement with another party or otherwise.
fig} If, after termination for failure ofthe UB~NTRAT~R to fulfill contractual obligations, it is
determined that the UB~NTRA~T~R had nvt sa failed,the termination shall be deemed to have
been effected for the convenience ofthe ~Cr. In such event, adjustment ofthe price provided far ~n
this Agreement shad be made as provided in ectian ~d} of this Article
~h~ If any delay ar failure of performance is caused by a F~R~ AJEURE event as described in
the Article ~7 of this Appendix, the ~ may in its sole dxscret~an terminate this Agreement ~n
whole or part under this Article.
Article 1 everability
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full farce and effect.
Article 1 Intellectual Property
~a} For the purpose ofthis Article, "intellectual property" refers to 1}any discovery or invention for
which patent rights may be acquired, and 2} any photographs, graphic designs, plans, drawings,
specifications, computer programs, technical reports, operating manuals, or other copyrightable
materials, and 3}any other materials in which intellectual property rights may be obtained.
fib} Royalties and Patent Fees. The UBONTRAT~R shall pay all license fees and royalties and
assume all costs incident to the use ar possession in the performance afthe work or the incorporation
in the work of any intellectual Property.
~c} lisclasure of Intellectual Property Produced fluxing the work, The U~~NTRACT~ shall
promptly notify the CSC of all Intellectual Property which the U~~NTRA~T~R,including its
err~plo~ees, subcontractors, or subcontractors employees niay produce, either solely or jointly with
others, during the course of this work, In addition, the UIONTRATQR shall promptly notify
the ~Cr of all Intellectual Property to which the UB~NTRA~T~R may acquire rights in
connection with the performance of the work, Any notification under this paragraph shall contain
sufficient technical detail to convey a clear understanding of the Intellectual Property, and shall
identify any publication, sale, public use, or impending publication. Promptly upon request, the
UB~NTRAT~R shall supply such additional information as the ~ may request.
~d} In performing work under this Agreement, the UB~~NTRAT~R shall comply with all laws,
rules, and regulations relating to intellectual property, and shall not infringe on any third-party~s
Intellectual Property rights, U~C~NTRA~TOR further represents and warrants to ~ that in the
~astal Ber?d Caun~il ofCovernments
course of
perfarnlin~ the ~arl~ it X11 not use or paces ar~y Intellectual Property owned by a third
party without paying any required royalty or patent fees. U~~NTRAT~R warrants that it has
full title in and ownership of the Intellectual Property and any enhancerr~ents, updates or other
madi~cations, or that it has full power and authority to grant all licenses granted herein, and that
such license use by the ~ will in na way constitute an infringement or other violation of any
intellectual Property right of any third party. The U~~~I~TRA~T~R warrants that it shall have,
throughout 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
CMG by the ~J~~~TRAT~R, except as permitted in the Agreement, [JB~I~TRAT~R
shall not create or permit the creation of any lien, encumbrance, or security interest in the work or
any part thereof, or any product licensed yr provided hereunder to I~ for which title has not yet
passed to ~G, without the prior written consent of UB~I~TRAT~R represents and
warrants to C~ that neither it nor any other company or individual performing the waric is under
any obligation to assign or give to any third party any Intellectual Property rights granted or assigned
to or reserved by ~C~, pursuant to the Agreement. It shall hold the D harmless far, and to
the extent permitted by the laws and constitution of the state of Texas, defend, and indemnify the
~0 against, any claims for infringerr~ent related to its work under this Agreementf
fie} Grant and License, with respect to such Intellectual Property as i ~i} incorporated in the work
~Qther than Intellectual Property for which ~~C already possesses equal ar greater Intellectual
Property Rights by virtue ofthis Agreement or otherwise}, iii} produced by UB~~ITRAT~R or
UB~NTRAT~R employees, subcontractors, or subcontractors employees during the course
afperforrning the work, ar ~1~1} spec1fically identified in the supplemental conditions as Intellectual
Property to which Intellectual Property Rights are granted pursuant to this paragraph,
I,~~C~NTRAT~R hereby grants to C~ ~i} a nonexclusive, perpetual, irrevocable, enterprise
wide license to reproduce, publish, or otherwise use such Intellectual Property and associated use
documentation, and a nonexcluivey perpetual, irrevocable, enterprise-wide license to authorise
others to reproduce, publish, or otherwise use such Intellectual Property for ~s purposes.
~f
} 1Vladification; Deri~rati~re V~arks, shill have the right, in its avvn discretion, to
independently modify any Intellectual Property to which license is granted herein for O~~ own
purposes and use, through the services ofits Qwn employees ar independent contractors. ~ shall
awn all Intellectual Property to such rr~odifications, U~~~CTRAT~R shall not incorporate any
such modifications into its Intellectual Property for distribution to third parties unless it first obtains
a license from I~,
fig} UB~NTRAT~R expressly acknowledges that state funds may not be expended in
connection with the purchase of an automated information system unless that system rrieets certain
statutory requirements under section ~ 1 ~7,aa5 afthe C~avernment bode, relating to accessibility by
persons with visual impairrrients, Accordingly, the UB~~NTRAT~R represents and warrants to
0 that the technology provided to the for purchase is capable, either by virtue of feature
included within the technology ar because it is readily adaptable by use with other technology, of ~ 1 }
providing equivalent access for effective use by bath visual and nonvisual means; presenting
inforrriatian, including prompts used far interactive communications, in formats intended far
nonvisual use; and ~3}being integrated into networks far obtaining, retrieving, and disseminating
inforrnat~on used by lndlvlduals who are not blend or visually impaired. For purposes ofthis
paragraph, the phrase equivalent access means a substantially similar ability to communicate nth or
rnal~e use ofthe technology, either directly by features incorporated within the technology or by other
reasonable means such as assistive devices or services which would constitute reasonable
coastal Beni ~ouncii af~avernm~nts
accammadation under the Americans with Disabilities Act ar similar state or federal laws.
Examples of methods by which equivalent access may be provided include, but are not limited to,
keyboard alternatives to mouse commands and other means of navigating graphical displays, and
customized display appearance,
~h} UBONTRATOR wi11 include in all subcontracts a provision similar in effect to the
following year ~a0~ warranty as set Earth in the ~ectian.
~ 1 } ~JBONTRATOR also warrants that, with respect to work performed under this
Agreement, that all work is Year ~a~ orrrpliant when used in accordance with the
applicable documentation, provided that all products used in combination with it abut not
themselves included in ar with or incorporated into the work} properly exchange date data
with the work, UBONTRATOR warrants that the work meets all applicable standards
afthe Texas Department oflnformation Resources relating to the Year 2Q0~ compliance, In
the event any work performed under this Areerrzent is not Year 2~a~ Oamplaint, and the
UB~ONTRATOR is provided written notice thereof, UBONTRATOR shall at its
sale expense immediately cause such work to became Year ~0~ compliant in a manner that
will minimize interruption to ongoing business processes, tine being of the essence,
~i} The UBONTRAOTOR shall include provisions to effectuate the purposes ofthis paragraph in
all subcontracts and subgrants under this Agreement in the course of which Intellectual Property may
be produced ar acquired.
Article 17 Equal Oppartun~ty and Aff"Irmatlve Action
The UBONTRATOR shall agree that in the performance of this antract, it will not
discriminate against any employee or applicant because ofrace, religion, color, sex, age, ar national
origin and it wall comply with Executive Order 1124, entitled "Equal Employment Opportunity,'" as
amended by Executi~re Order 11375, and as supplemented in Department of Labor Regulations Title
41 CPR Part ~D}. The UBONTRAOTOR assures that na person will, on the grounds of race,
creed, color, handicap, national origin, sex, political affiliation ar beliefs, be excluded from, be
denied the benefit of, or be subject to discrimination under any program yr acti~Ity funded In whole
yr part under this contract.
Article 1$ ADA Requirements
The UBOONTRATOR shall comply with all applicable requirements of the Americans with
D1sabllltl~s ACt of ~ 99~, . . ~ ~ ~ a ~ - ~ 1 ~ ,
Article 19 [Jt1llzatlon of mall,lVllnorlty, and women"s Business Enterprises
The UBOONTRATOR agrees that qualified Historically underutilized Businesses ~-IL~B"s}shall
have the maximum practicable opportunity to participate in the performance of this Agreement.
Article 2a Energy Efficiency standards
The [JBOONTRATOR shall follow standards and policies on energy ef~~ciency, which are
captained in the Texas Mate Energy onser~atian Plan issued in compliance with the Energy Policy
and Oanser~atian Act P.L. 94~1~3}.
~aastal Bind Cflunci~ of Cavarnmants
Article ~ 1 Acknowledgment of Financial Support
The SUB~~NTRA~TDR shall acknowledge the financial support ofthe TE and whenever
worl~ funded, in whole or part, by this Agreement is publicised or reported in news media or
publications. All reports and other documents completed as a part of this Agreement, other than
docurr~ents prepared exclusively for internal use within the fir, shall carry the following natation
on the front cover ar title page;
Exarriple:
~REP~4R~~ ~ ~~~'~R~4 T~~ ~~TH T~~
T~4S 'O~IISS~~I~ 0~ I~VIR~I~~IT~4~ ~1~4~~TY
T~Z~ ~r~para~r'~~ of ~1~is report was f
i~ra~~ed ~~Z~ou~ ~an~s from ~~Ze Skate of Texas ~~rro~g~h
~e Texas 'on~rnrss~o~ o~ ~r~r~r'ro~t~~a~a~ ~a~rty,
Article Data and ~Ubllclty
All data and other infarrnation developed under this Agreement shall be furnished to the BOG and
shall be public data and information, except to the extent that it is exempted from public access by
the Texas Dpen RecvrdslPublic Information Act, TE~~ C~OV'T ~~DE 55~~ Upon termination of
this Agreement, all copses ofdata and information shall be furnished, at na charge to the upvn
request, to include data bases prepared using funds provided under this Agreement, and become the
property of the ~C~, Except as otherwise provided by the Agreement ar the Act, the
SUB~ONTRAT~R shall not provide data generated or otherwise obtained in the performance of
its responsibilities under this Agreement to any party other that the State of Texas, and its
authorised agents;
Article 2~ ~Iazardaus Substances, waste Disposal, and 1Vlanifests
The UBDNTRAT~R and their subcontractors and subgrantees must comply with all applicable
maws and Regulations, including but not limited tv those relating to ha2ardous substances, waste
disposal, and manifests.
Article ~4 Statues Relating to Nondiscrimination
The SU~~~NTRATDR shall comply with all applicable state and federal statues relating to
nandiscrirn~nat~an which include, but are not limited to, those listed in the Uniform grant
1Vlanagement Standards
Article oral and written Agreements
All oral or written agreements between the parties hereto relating to the subject matter of this
contract which were developed and executed prior to the execution of this contract have been
reduced to writing and are contained in this Agreement.
Article Safety and protection
Coastal Bend Council of C~avernments
where applicable, the ~]B~~NTRAT~R shall be responsible far requiring its subcontractor and
subgrantees to maintain and supervise all necessary safety precaution and programs in connection
with the work. The [JBONTRAT~R shall take all necessary safety precautions,
Article ~7 Force 1Vlajeure
To the extent that either party to this Agreement is wholly or partially prevented from the
performance within the term specified ofany obligation or duty placed on such party by reason of or
through decrees afar restraints by a government instrumentality, acts ofod except that rain, wind,
flood or other natural phenomena normally expected far the locality shall not be construed as an act
of hod}, work stoppages due to lobar disputes or strikes, fires, explosions, epidemics, riots, war,
rebellion, and sabotage, in such event, the time for the performance of such obligation ar duty shall
be suspended until the disability to perform is removed Determination of force majeu?re shall rest
safely with the ~C,
No time extension shall be granted under this Article unless the party seeking reliefhas natifed the
other ~n writing within a reasonable time aver commencement ofthe event, ofthe anticipated length
and cause of delay, the measures taken or to be taken to rninirnize the delay, and the timetable by
which the [~B~NTAT~~ intends to in~plerrient these measures, The party seeking reliefshall
also glue written notice of the ending ofthe event within a reasonable time after the event has ended,
Article ~S entire contract
This Agreement, including Attachments A, B, , and B, represents the entire antract between
the contracting parties and supersedes any and all prior contracts between the parties, whether written
or anal,
Coastal Bend council o#`Co~ernm~nts ~
aastal Bend council of ~avera~ents
Solid waste grant Interlacal Agreement
Special antract Provisions
Attachment B
Article 1 Period of Performance
The period of performance of this agreement begins on 1V~arch ~UaB and ends on Au ust
2
Article ~ Scope of Services
{a~ All parties agree that the SUBONTI~AT~R, in consideration afoornpensation described in
this Attachment and SUB~TRAT~R Budget and Authorizations {Attachment E of this
Agreement},shall provide the services with ~G a specifically described in the fork Program of
UB~NT~AT~R {Attachment C of this Agreement} and Schedule of Deliverables from
SUB~~NTRATOR {Attachment D ofthis Agreement}.
{b} The S~BQI~TRA~T~R agrees to implement the Pro
ject according to the agreed upon budget
sham in Attachment E of this agreerr~ent,
Article 3 ~ obligations
{a} Leasure of l~iabilit~
In consideration of full and satisfactory performance hereunder, ~ will be liable to
S~B~~TRATOI~ in an amount equal to the actual costs incurred by SUBC~~TRAT~R in
rendering such performance, subject to the following limitations:
1. OCR is not liable for expenditures made ~n v~olat~on of "general Provisions for Texas
ommissian an Environmental uality~s Standards Applicable to Implementation Pra
j ects
and Supplemental Funding Standards", as descrlbed In Articles S and 9 of this Agreement,
which outline prohibited activities as defined by the Texas ~ommissian an Environmental
duality {TAE}.
C~ is not liable far any casts incurred by SUB~NTRATQR in the performance of
this agreement, which have not been billed to ~ within thirty {~o} days fallowing
t~rminatlQn Qf thls agreement,
DC~ is not liable to SCJ~OI~TI~AT~R for costs incurred ar performance rendered by
S~J~~~NTRA~T~R for costs incurred by SUB~ONTRACT~R before comn~encerrient of
this agreement or after termination of this agreement
4. l~xcept as specifically authorl~ed by ~ in writing, ~OC~ is liable only far expenditures
made in compliance with the cast principles and administrative requirements set forth in
federal ~l~l~ circular A~S7.
~oasta] Bend uunci~ ofGovernment~
5. All representations, indemnifications, warranties, and guarantees made in, required by or
given in accordance with the Agreement, as well as all cont~nu~ng obligations indicated 1n the
Agreement, gill survive final payrrient, completion of the work and termination or
completion of the Agreement.
fib} Method and schedule of Payment
1. Payments; Payments to pass-through grant recipients may be made only on a
reimbursement basis. Dpon review and approval of each financial report, will make
payment to SUB~~NTRATOR against 0 liabilities to be accrued hereunder.
. UB~DNTRATOR may account for expenses incurred and request reimbursement of
outlays under either a cash yr an accrual basis, as defined and authorized under the t~MA.
To be eligible for reimbursement under this Agreement, a cost must have been incurred and
either paid by the UB~NT~A~TDR prior to claiming reimbursement from the or
incurred by the last day ofthe time period indicated on a request for reimbursement form and
liquidated no later than forty-five ~4} days after the end of that time period.
3. Financial reporting: The CDr shall provide financial status report forms and
supplemental forms to be submitted by []B~NTA~TD at least quarterly andlor with
each request far retrnburserrient to itemize expenditures by budget category, Allo~rable
expenditures are set forth ~n Art1cles 8 and 9 0~ this Agreement. The ~~r shall review all
materials provided by the SUBONT~ATDR with a request for reimbursement, and shall
not make a reimbursement payment unless all required items have been provided and are
deemed to be accurateF
In general, expenditure documentation to be maintained by the UB~~T.A~TD~ abut
not necessarily submitted to the ~~G with each Financial status deport} should be whatever
is necessary to show that the v~ork was indeed performed and that the expense was, in fact,
incurred, In addition, the documentation should also support the fact that the expenditure
was reasonable and necessary to this Agreement.
5. Documents that should be maintained, as appropriate far the expense, include by category,
the records listed below,
a, ~ALAR~'IACF; Tune sheets that have been signed and approved.
b~ TRAVEL Docurnentat~on, which, at a minimum, is consistent
with State Travel I~egulations~ The purpose of the
travel should be documented and supported with
actual receipts for hotel accommodations, public
transportation receipts, airline receipts, etcf
c. E~UIPMPINT Purchase orders, invoices, and canceled checks.
~]PPLf ~ Purchase orders cif issued}, invoices, receipts, and
canceled checks,
Coastal Bend Cau~cil of Governments
e, SU~~NTRA~TS dopy afsubcontract, 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 ofexpenses
listed in this Subsection,
f, ~~T~UTION All applicable documentation required far Equipment,
Salary, Supplies and Subcontractors,
g, ETHER Purchase orders, invoices, receipts, and canceled
cheeks,
All expenditures under the equipment, construction, or subcontract budget categories
must be approved in advance by the Further, for any "other" category expenses not
specifically spelted vut in this interlocal contract, the contract shall require that the
U~~ONTRATOR obtain prior written approval from far that expense,
7, Travel Expenses, Reimbursement oftravel expenses for out-off state gavel, except where
such travel is specifically authorized ~n writing by the is prohibited, Prior to
authorizing any out~o state travel by apass-through grant recipient, the ~ must obtain
written approval from the TE to provide such authorization,
S. If requested by the the S~JBONTRA~T~1~ agrees to provide to the the
additional expense records and documentation materials, as listed in Subsection ~ of this
Article, and appropriate far the expense, far the time period requested by the ~Cr} except
that the UB~NTRAT~1~ will not be asked to submit records that have already been
provided to the with a Financial Status Depart, The ~0 will provide reasonable time
for the S~1BONTRAT~~ to comply with a request far additional records. Ifthe DC~
requests to review additional records to be provided by the SU~~NTRAT~R under the
~'s financial monitoring program, the ~~Cr will review those records and provide the
SUB~NTRAT~R a written summary of the f
indings of that review, The ~ will also
allow the S[JE~N~TRAT~R reasonable time to respond to any findings ofnoncompliance
yr other problems identified by the records review,
The ~~Gr shall not reimburse ar otherwise make payment to S~]B~~TI~AT~R for an
expenditure that is not authorized under this Agreement. If it is determined, by either the
CSC or the TE that an expenditure that was reimbursed is not an authorized expense, the
shall request return and reimbursement of thane funds from the grant recipient or,
where appropriate, the application ofthose funds to other authorized expenses, and shall not
provide any additional reimburserr~ents to the pass-through grant recipient until the funds are
returned or are applied to other authorized expenses.
10. The SUB~~TRAT~RS contractual casts must corr~ply with allowable casts
requirements, S[]B~~NT~AT~RS which are governmental entities must engage in
contractor selection an a con~pet~tiv basis in accordance with their established policies, If
UB~~~TRAT~R has na competitive procurement policy or is a private entity,
SU~E~NTI~A,T~R must generally select contractors by evaluation and co~nparisan of
price, quality of goads or services and past performance. All subgrants awarded by the
S~BONTI~A~T~R under this Agreement shall be in accordance with Subpart , Sec.~,37,
Coast~?1)end Council of Govcrnt~ents
Subsection {b} of the State [Jn~farm Admin1strative Requirements far Grants and
Cooperative Agreements as set forth in Part ~l~ of the ~Jniform Grant 1Vlanagement Standards
adopted by the Governor's ~ffiee of Budget and Planning.
{c} [~BCONTRACT~R Close but deport
No later than thirty days following the termination of this agreement, SUBC~NTRACT~R
must submit a BOG Contract Close but Report according to written instructions from CHG.
Article ~ Reporting requirements
{a} The [~BC~NTRACT~R shall prepare and subrr~it to the CDG, a quarterly written progress
report concerning performance under this Contract. Such progress reports shall document
accomplishments and units of work performed under Attachment D of this agreerr~ent including
program results. All progress reports shall be submitted within ~ days after the end of each
quarterly period so that CMG may submit a consolidated report to TCI~ within ~0 days. ~ final
progress report shall be provided prior to the final request far payment under this Contract, but, in no
case later than 3a days after the end of the Contract period. Payments reimbursements} required
under this contract nay be withheld by the CMG until such time as ar~y past due progress reports are
receive ,
{b} The SU1~C~TRACTGR quarterly progress reports required under Section {a~ ofthis Article
contain descriptions afactivities and costs for the to ensure that the provisions afthis Contract
are being complied with, The ~JBC~NTRACT~R shall comply with any reasonable request by the
far additional information on activities conducted in order for the CMG to adequately monitor
the SUBCONTRACT~I~rs progress in carr~pleting the requirements afand adhering to the provisions
of this Contract The SI~BC~NTRACT~R shall certify in writing to the C~, through a final
progress report, the satisfactory completion ofall activities and deliverables required under the pass-
throughgrant agreement.
{c} The SUI~C~NTRACT~R shall provide the CMG with fallow-up results information an a
schedule established by the CCU, to include a report or reports sufficient to allow the CSC to
provide the TCE a report in October ~aa9 on the continued results ofthe project funded under this
Agreement In addition, the S[JBC~NTRACT~R shall continue to document, as appropriate to the
type ofproject, the results of the project activities for the life ofthe program or activity.
(d} The UB~N~'RATOR"s failure #o com~l~ wi#h the requirements of #his Article
constitu#es a breach of #his ~antract,
Article 5 1Vlanitoring Requirerr~ents
{a} CMG rraay periodically monitor SUICONTRACT far:
l . The degree of compliance with the terms of this Contract, including compliance with
applicable rules, regulations, and promulgations referenced herein; and
2. The administrative and operational effectiveness of the project.
Coastal l~~nd auncil of Gavernment~
{b} ~ shall conduct periodic analysis ofUBCDNTRACT~R' performance under this Contract
for the purpose ofassessing the degree to which contractual objectives and performance standaxds, as
identified ~n this Contract or as subsequently amended, axe achieved by ~UBCONTRACT~R,
Article ~ Title to ar~d anagerr~ent of Real Property and Equipment
Subject t0 the obligatlons and CDndlt~onS Set forth In thls Agreement, title to real property and
equipment {together hereafter referred to in this Article as propert~r} acquired from funds provided
under this Agreement by the S[JBCONTRACT~R shall vest upon acquisition or construction in the
UBC~NTACT~R. All parties agree that upon full performance of this Contract, title shall
rema1n w1 the UBC~NTRACT~R, provided however, that if this Contract is terminated, due to
substantial failure by the SUBCONTRACTOR to fulfill its obligations under this Contract, title and
physical pQSSession of all equipment and constructed fixtures shall, upon written notification from
C~Cr, be transferred in good condition and within five worl~ing days to COCr.
Subject to the provisions ofthis Agreement and as otherwise provided by state statutes, property
acquired or replace under this ,Agreement shall be used for the duration of its normally expected
useful life to support the purposes ofthis Agreement whether or not the original pro
jeets or pragrarns
continue to be supported by COQ funds,
{b} The SUBCONTRACTOR shall not grant or allow to a third party a security interest in any
original or replacement property purchased or constructed with funds made mailable to the
SUBCONTRACTOR under this Agreement,
{c} The use ofproperty acquired under this Agreement, bath during the term ofthis Agreement and
for the useful life of the property, shall be in accordance with Section G 1,a 1 fi{b} of the TES.
I~EALTH SAFETY CODE, which directs that a project or service funded under this program must
promote cooperation between public and private entities and may not be otherwise readily mailable
or create a competitive advantage aver a private industry that provides recycling ar solid waste
services.
{d}The SUBCONTRACTOR nay develop and use their awn property management systems, which
must conform with all applicable federal, state, and local laws, rules and regulations. Ifan adequate
system for accounting i not in place or is not used properly, the Property Accounting System
Manual issued by the State Comptroller of Public Accounts will be used as a guide for establishing
such a system, The property management system used by the SUBCONTRACTOR must meet the
requixements set forth in this Scct~on.
{I} Property records must be maintained that include a description of the property, a serial
number or other identification number, the source of the property, who holds title, the
acquisition date, and the cast afthe property, percentage of state participation in the cost of
the property, the location, use and condition ofthe property, and any ultimate disposition data
including the date of disposal and sale price of the property.
{III A physical inventory afall equipment acquired ar replaced under this Agreement shall be
conducted no less frequently than once every two years and the results of such inventories
reconciled with the appropriate property records. Property control procedures utilized by the
SUBCONTRACTOR shall include adequate safeguards to prevent lass, damage, or theft of
the acquired property. Any loss, damage, or they shall be investigated. The
Coastal Bend Council of avernments ~_~r
SUB~NTRATOR shall develop and carry out ~ program of property rrlaintenance as
necessary tQ keep both originally acquired and y replaced property in goad condition, and
to utilize proper sales procedures to ensure the highest possible return, in the event such
property is sold.
~II~} pertain types of equipment are classified as controlled assets and are sub
ject to annual
revision, In accordance with the US, the SUB~~NTRACT~R should contact the Texas
orriptroller of Public Accounts property accounting staff or review the ~orriptrollers State
Property Accounting User 1Vlanual available vn the Internet, for the mast current listing,
Firearms shall be maintained on the UB~~NTRATORS inventory system irrespective of
cost, and the following equipment with costs between 50a and $1,00 shall be maintained
on the inventory system: ~ 1 ~ stereo systems, ~2} still and video cameras, facsimile
machines, ~4} ERs and '~RITV combinations and ~5}cellular and portable telephones,
fie} The SU~ON~TRA~T~R may for the purpose of replacing property acquired under this
Agreement, either trade in ar sell the property and use the proceeds ofsuchtrade-in or sale to offset
the cast of acquiring needed replacerr~ent property,
~f~ The SUB~IVTRAT~R agrees that ifa determination is nude that any property acquired with
funds provided under this Agreement with a current per-unit fair market value of ~1,~~0 or more is
no longer needed for the originally authorized purpose, the C~Cr has the right to requ1re dlposltlan
of the property by the SUB~NTRATOR in accordance nth the prQVis1ons of this Article.
fig} then, during the useful life of property acquired v~ith grant funds under this Agreement by the
SUB~N~TRAT~R and with current per-unit fair rr~arket value of 1,00 or mare, the property is
nv longer needed for the originally authorized purpose, the SUBO~TRAT~R agrees to request
disposition instruction form the ~ or, if the ~ is no longer adrr~inistering a Regional Solid
'haste grants Program, the TE, Dlspos~tlon instructions shall sol~clt, at a minimum, information
on the source and amount of funds used in acquiring the property, the date acquired, the fair market
value and hove the value was determined ~e,g,, by appraisal, bids, etc}, and the proposed use afthe
proceeds, The assessment of whether to authorize the proposed disposition of the property must
include a determination that disposition will comply v~ith the private industry provisions of
b 1, ~ 14~b} of the TF~~AS HEALTH SAFETY CEDE AIVN~, In cases where the
SUB~~~TRAT~R falls to take appropriate disposition actions, the C~ nay direct the
SUB~~NTRAT~R to take excess and disposition actions, The dispositions may provide for one
of the alternatives asset forth in this Section,
{I} Retain title, sell, ar otherv~ise disposed of with nv obligation to compensate the
III} Retain title after compensating the C~~r. rf the 0 is compensated by the
SU~~~TRACT~R for property acquired using funds provided under this Agreement, the
0 wi11 in turn compensate the TEQ or, upon authorization by the TES, use those
funds far other projects or activities that support this ar similar future programs conducted by
the HOC, The amount due will be computed by applying the percentage ofstate-funded
parttcipat~on ~n the cost of the original purchase to the fair market value of the property.
VIII} Sell the property and compensate ~~C, If the ~ is compensated by the
SU~~~TRA~T~R for property acquired using funds provided under this Agreement, the
will in turn compensate the TE or, upon authorization by the TE, use thane
Coastal Bend Council of ~averrimen~s
funds far other pro
j acts ar activities that support this ar sirnil~r future programs conducted b~
the C~ The amount due will be calculated applying the C~xs percentage of
participation in the cost of the anginal purchase to the proceeds afthe sale after deduction of
any actual and reasonable selling ar~d fixing-up expenses. If the grant is still active the net
proceeds franc sale may be offset against the original cast of the property. When the
U~C~~TRACT~R is directed to sell the property, sales procedures shall be followed that
provide fur corripetition to the extent practicable and result in the highest passible retuxn~
~r}Transfer title to the ~ or to third-party designatedlappraved by the CMG, If the
UBC~TRACT~R participated financially in the original purchase, the
UBC~~TRACTDR rr~ay be authorised payment frarn the receiving party of an amount
calculated by applying the percentage of the participation in the original purchase of the
property to the current fair market of the property
~h} Items ofpraperty with a current per-unit fair market of less than 1,0~a may be retained, sold ar
atherwrse drsposed afby the UBC~N~TRACT~R with no further obllgat~on to the Methods
used to determine per-unit fair market value must be docurr~ented, Dept on f Ie and nude available to
the ~ upon request.
~i} The ~ shall include provisions in its Interlacal Agreements to implement and enforce the
provl~ons of t111s Artlcle.
Article 7 Compliance with Applicable Laws
The U~C~NT~ACT~R shall give all notices and comply with all laws, ordinances, rules,
regulatlons and order ofany public authority bearing on the performance of this contract, including,
but not llmlted to, the laws referred to in this Cantract~ If the SCJBC~~ITRACT~R or C~
observes that this Contract is at vanar~ce therewith in any respect, the observing party sha11 promptly
notify the ether party in writing, and any necessary changes shall be adjusted by appropriate Contract
rnadlf"lcat~an. ~n request, the U~ONT~AT~R shall furnish q n~adificatian. If tlae
UBCONTRACT~R performs any work knowing ar having reason to know that it is contrary to
Laws or legulatians, the UBC~NTRACT~R shall bear all claims, casts, losses and damages
caused by arising out of or resulting therefor.
Article 8 Types and standards of Solid waste Irnplementatianpio
jests
Local Enforcement
~,1. Funds may not be provided to any law enforcernentagency regulated by Chapter 4 t 5, Texas government
Code, unless; ~a~ the law enforcementagency is in compliancewith all rules developed by the Commission on
Law Enforcement standards and Education pursuant to Chapter 41 Texas government Code; or fib} the
Commission on Law Enforcement officer standards and Education certifies that the requesting agency is in
the process of achieving compliance with such rules.
8.~ when funding is to be provided for salaries of local enforcemer~tofficers, the funds recipient must certify
that at Ieast one ofthe officers has attended or will attend within the term ofthe funding the TCE's Criminal
Environmental Law Enforcement Training or equivalent training.
S.~ Local enforcementvehicles and related enforcement equipment purchased entirely with funds provided
Costal Bend Council ~f ~overnmen#s
under this Agreement may only be used far activities to enforce lags and regulations pertaining to littering and
illegal dumping, and may not be used for other code enfvrcementor law enfarcementactivities. vehicles and
equipment that are only partially funded must be dedicated for use in local enforcement activities far a
percen#ge of time equal to the proportion of the purchase expense funded.
5.~ Entities receiving funds far a local enforcement aver, enforcement vehicles, andlor related equiptnet~t far
use by an enforcement officer, must investigate major illegadumping problems, an both public and private
property, in addition to investigating general litter problems on public property,
5. ~ Entities receiving funds to conduct a local enforcemer~ program must cooperate with the TEQ's regional
investigative staff in identifying and investigating illegal dumping problems. Lack of cooperation with the
T~E~ staffmay constitute a reason to withhold future funding to that entity for local enforcementactivities.
Funds rrtay not he used for investigation and enforcement activities related to the illegal dumping of
industrial andlar hazardous waste. Instances where industrial ar hazardous waste is discovered at a site da not
preclude the investigation of that site, so long as the intent and focus of the investigation and enforcement
activities are on the illegal dumping of municipal solid vrraste;
Litter and Illegal Dumping leanup
8,7 Lake and River cleanup events must be coordinated with the T~E's cleanup program staff andlor the
Keep Texas Beautiful organization, which is contracted by the TE to administethe Labe and River
cleanup program.
S. S Pro
jests funded to clean up litter or illegal durriping on private property rrrust be conducted through a local
government sponsor or the PERFORMING PARTY, Funds may not be provided directly to a private
landowner ar other private responsible party for cleanup expenses. The local government sponsor ar the
PERF~RIVIING PARTY must either contract for and oversee the cleanup work, or conduct the work with
its own employees and equipment,
8.9 The costs far cleanup afhazardaus waste that may be found at a municipal solid waste site must be funded
from other sources, unless a waiver from this restriction is granted by the T~E~ to deal with immediate
threats to human health or the environment.
8.1 ~ The costs for cleanup of glass 1 nonhazardous industrial waste that may be found at a municipal solid
waste site must be funded from other sources, unless a waiver from this restriction is granted by the TE
to deal with immediate threats to human health or the environment. The cleanup of glass 2 and ~
nonhazardous industrial waste that may be found at a municipal solid waste site may be funded in
conjunction with the cleanup ofthe municipal solid waste found at a site
5,11 All notification, assessment, and cleanup requirements pertaining to the release of wastes or other
chemicals of concern, as required under federal, state, and local laws and regulations, including 30 TAB
chapter 330, T~E's 11~w Rules, and 30 TAB chapter 350, TE's Risk ReductionRules,must be
complied with as part of any activities funded under this Agreement.
5,1 ~ All materials cleaned up using funds provided under this Agreement must be properly disposed of or
otherwise properly managed in accordance with all applicable laws and regulations. To the extent
feasible, it is recomendedthat materialsrerrioved from a site be reused or recycled, For projects to clean
up large amounts of materials, the PERFOR1VI~iG PARTY should consider withholding at least ten
{ 10°Io~ percent of the reimbursements under a subgrant or subcontract, until documentation is provided that
the cleanup work has been completed and the materials properly managed
source Reduction and Recycling
Coastal Bend Ca~tn~~l of Governments
8,13 Any program or pro
ject funded under this Areementwith the intent of demonstrating the use ofproducts
made from recycled andlar reused materials shall have as its primary purpose the education and training of
residents, governrner~al officials, private entities, and others to encourage a marl~et for using these
materials,
Local valid, waste 1Vianagement Plans
5,14 All local solid waste management plans funded under this Agreement must be consistent with the
PERFDRMn~G PARTY's regional solid waste management plan, and prepared in accordance with 30
TAC subchapter Chapter 330, TCE Rules, and the Content and Format Guidelines provided by the
TCE.
S. l 5 In selecting a local solid waste managementplan project far funding, the PERFGRMING PARTY shall
ensure that at least one year is available for the completion and adoption of the lacai plan,
8. ] ~ Local solid waste management plans may not be considered for funding by the PERFGRMn~G PARTY'
until the PERFGRMING PARTY's regional solid waste managen~nt plan has been amended.
Citizens' Collection stations "mall" Re istered Transfer ~t~tions and Cammuni Collection Events
8,17 The design and constructianofcitizens'collection stations, as those facilitiesare defined under 30 TAC
Chapter 330, TCE~ Rules, maybe funded. The costs associated with operating a citizens' collection
station once it is completed may not be funded,
5,15 The design and construction of small municipal solid waste and liquid waste transfer stations that qualify
forregistrationunder §330.4{d~ ar §330.4{r}, TCE Rules, maybe funded. Otherpermitted orregistered
transfer stations may not be funded. A municipal solid waste transfer facility may be eligible for a
registration if it serves a rr~unicipalitywith a population of less than 50,000, or county with a population
of less than $5,000, or is used in the transfer of 125 tons ar less afmunicipal solid waste per day. A liquid
waste transfer station may qualify for a registration if it will receive less than X2,000 gallonsrdess per
day. The costs associated with operating a transfer station once it is completed may not be funded,
5.19 Periodic community collection events, to provide for collection and proper disposal of nor~recyclable
residential waste materials for which there is not a readil~r available collection alternative, may be funded.
This type of pro
jest 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
only be intended to provide residents an opportunitytodispose ofhard-to-collectmaterials, such as large
and bulky items that are not picked up under the regular collection system, and might otherwise be
illegally dumped by resident.
I~ouehold Hazardous waste„Nlanagerrient
520 All household hazardous waste collection, recycling, andlor disposal activitiesrnust be coordinatedwith
the TCE's HHw program staff, and all applicable laws, regulations, guidelines, and reporting
requirements must be followed.
5.21 All Texas Country Cleanup events must be coordinated with the TCE~'s Texas Country Cleanup
program staff, and all applicable laws, regulations, guidelines, and reporting requirements must be
followed.
Technical studies
8.22 All technical studies funded under this Agreement must be consistent with the PERFGRG PARTY's
regional solid waste management plan, and prepared in accordance with Guidelines provided by the
coastal Bend ~auncil of Governments
i
Educational and Training Projects
5.23 Educational and training programs and pro
jeets funded under this Agremen# must he primarily relatcd to
the managementafmunicipal solid waste, and funds applied to a broadereducation program may only be
used for those portions of the program pertaining to municipal solid waste,
Dther T
rimes of Pra'ects
8.24 ~f the TE authorizes the PERFgRMIN PANTY to fund additional types of projects} under the
process set forth in Section 8,x.9,, Program conditions, ofthis Agreerrient,the authorization incorporated
into this Areementmay include additional standards and restrictionsthat shall apply to use of funds for
that project or type of pro
jest.
Article ~ Supplemental Funding standards
General Standards
9.1. The provisions of the Uniform Grant Management Standards ~UgS} issued by the gff
ice of the
governor apply to the use of these funds, as well as the supplement financial administration guidance
established by the TE to be applied under all contracts,T'~ ~.~~o~a~~e xe~drture C~id~di~e~
Recipients of funds under this Agreement including the P~RFgRMtNg PARTY, suhgrant recipients,
and subcontractorsshall complywith all applicable state and local laws and regulations pertaining to the use of
state funds, including laws concerning the procurerr~ent of goods and ser~rices and competitive purchasing
requirements.
9.3. Funds may not be provided through a suhgrant or subcontractto any public or private entity that is barred
from participating in state contracts by the Texas general Services commission, under the provisions of
~ ~~,077, government bode, and 1 TAB ~ 113,0, gS~ Regulations.
9.4. Public and private entities subject to paymentofsta#e solid waste disposal fees and whose payments are in
arrears may not receive funds under this agreement through either a suhgrant or sub,~tract.
9.5, Yn accordancewith ~361,014~b},Texas Health and Safety Cade, and 30 TAB ~330.5~9~d}, T~~ Rules,
a pro
jest or service funded under this Agreement must promote cooperation between public and private entities
and may not be otherwise readily mailable ar create a corr~petitive advantage over a private industry that
provides recycling or solid waste services. f Jnder this definition, the term private indutryy included non-profit
and no#-fay profit non-governmental entities
9,d, All equipment and facilities purchased ar constructed with funds provided under this Agreement shall be
used for the purposes intended in the funding agreement.
9,7. A pro
jest or service funded under this Agreement must be consistent with the PERFDRIVQNg PARTY's
approved regional solid waste managementplan, and must be intended to implement the goals, objectives, and
priorities established in the regional plan.
9.8, Funds may not be used to acquire land or an interest in land.
9., Funds may not be used to supplant existing funds. ~n particular, staff positions where the assigned
functions will remain the same and that were active at the time afthe funding application ar proposal, and were
aastal Bend council ofgovernments ~r-~~
funded from a source other that a previous solid waste grant, may not be furled.
9,10. Funds rrtay not be used for faad ar entertainmentexpenses, include refreshmentsat meetings and other
functions. This provision does not apply to authorized ernplayee per diem expenses for faad casts incurred
while on travel status.
9.11. Funds may not be used for payment of salaries to any employee who uses alcoholic beverages an active
duty, Funds nay not be used far the purchase of alcoholic beverages, including travel expenses reimbursed
with these funds.
9.1 Funds may not be used far emplaymentor otherwise contracts for services of a lobhyitar far dues to an
organization which employs or otherwise contracts far the services of a lobbyist.
9.1~, Funds nay only be used for projects or programs for managing municipal solid waste,
9.14, Except as may be specificallyauthorized in this Article ar elsewhere in this Agreement, funds may not
be used for projects or facilities that require a permit from the TGE~ andlor that are located within the
boundaries of a permitted facility, including landfills, wastewatertreatrnent plants, ar other facilities. This
restriction may be waived by the TCE, at its discretion, far recycling and other eligible activities that will take
place within the boundaries of a permitted facility. The applican~ndlor the PERFORMING PARTY must
request a prelirninarydeterrninationfrom the TCEQ as to the eligibilityof the projectprior to the project being
considered for funding by the PERFORMFNG AARTY.
9.I5, Projects ar facilities requiring a registration from the TCE, and which are otherwise eligible far
funding, must have received the registration before the project funding is awarded.
9.1 G. Except as tray be specificallyauthorized in this Article or elsewhere in this Agreement, funds may not
be used far activities related to the collection ar disposal afmunicipal solid waste This restriction includes:
solid waste collection and transportation to a disposal facility; waste combustion incineration or waste•to-
energy~; processing far reducingthe volume of solid waste which is to be disposed of; landfills and landfill-
related facilities,equipment, ar activities, including closure and post~clasure care afa permitted landfill unit; or
other activities and facilities associated with the disposal of munt~pal solid waste.
9.1?. Funds may not be used to assist an entity or individual to comply wttlan existing or pending federal,
state, or Iocal judgement or enfarcementactian. This restriction includes assistance to an entity to comply with
an order to clean up andlor remediate problems at an illegal dump site, However, the TCEQ may waive this
restrictions,at its discretionand an a limited cas~by-case basis, to address immediatethreats 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. ~ Funds may not be used to pay penalties imposed on an entity for violation offederal, state, or local laws
and regulations. This restrictionincludes expenses far conducting a supplemental environmental project ~~EP}
under a federal ar state order ar penalty, Funds maybe used in conjunction with EP funds to support the
carne project,
Article 14 Funds in the MwDTRF
~a} ~t is the understanding of the parties that the source of the funds provided by the is the
Municipal valid waste Disposal and Transportation Revenue Fee {MwDTRF}, Due to demands
upon that source for funds necessary to protect the health and safety ofthe public, it is passible that
the funds contained in the MwDTRF 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
MwDTRF, The UB~ONTRATDR shall place this native in all subrants and subcontracts.
Coastal Bend Council ofCovernments ~i„~ ~
Article l l Conflict of Ynterest
The ~UBCCNTRACTDR shall notify the COC irnrnediately upon dissavery of any potential or
actual conflict of interest, The U~CCNTRACTCR agrees that the andlor the TCE have
sole discretion to determine whether a conflict exists and that the COC andlor the TCE may
terminate the Agreement at any time, on the grounds of actual or apparent conf
list of interest,
a, office of 'or~'ic~ o~I~~e~es~: The DICCNTRACTOR shall ratify the CCC~ in writing
or any actual, apparent, or potential conflict Qf interest regarding any individual performing
or having access to information regarding the work, As applicable, the notif
icatian shall
~nslude both organizational conflicts or znterest and personal conflicts of interest, Any
1nd1v1dLlal wltl] ~ personal CDnfl~Ct Df interest shall ~squallfied from taking part In any
may in the performance of any work that created the conflict of interest,
Artiste 1 ~ Authorized Representatives
~a} The CDC hereby designates the person in Exhibit B~1, Project Representative, as the ~nd1v~dual
authorized to glue direction to the [JBCCNTRACTCR for the purposes of thrs Contrast. The CCC
Project Representative shall not be deemed to have authority to bind the CCC in contract unless the
Executive Director of the CCC has delegated such authority.
fib} Immediately upon receiving the Purchase Order or Notice ofAward, the [~BCCNTRACTCR
shall identify, as its Fro
j ect Representati~re, the person authorized to receive direction ~rorn the CDC,
to manage the work being performed, and to act on behalf on the [JBCCNTRACT~R, The
UBC~NTRACTCR' Project Representative shall be deemed to have authority to bind the
~7BCCNTRACTOR in contract unless the ~JICCNTRACTCR, in writing, specifically limits yr
denies such authority to the UBCDNTRACT~R' Project Representative.
~s~ Either party nay change its Pro
jest Representative, In addition, the Pro
j est Representative of
either party may further delegate his or her authority as necessary, including any delegation of
authority to a new Project Representative. The party making the change in Pro
jest Representative
shall provide written notice of the change to the other party,
~d} The I~BCCNTRACTOR shall ensure that it's Pra
j ect Representative, or his or her delegate, is
available at all times far consultation with the COG,
Coastal Bend Council of Governments
Exhibit B
The ~G designates the individual named below s the Prod ect Representative far
Name: Rebecca N1ar~inez, En~rironental aordinator
Address ~ coastal Bend council of Governments
p.~, Bax a9
corpus Christi, TX 7549
T1111: ~~1} $83-~7~4 ~3~1} 5749
The [JB~NTRAT~R designates the individual named below as the
UB~NTRAT~R's Project Representative, The UIONTRA~T~R's Project
Representatl~e 1s the person authorized to rece~~e direet~on from the ~G, to manage the
worl~ being performed, and to act on behalf of the ~]B~~TRAT~R:
Name: Paul Bass
Address: P~ Box 9~7~
corpus Christ, Texas 7849
T~>~,: ~~-s~~-~~~s ~Ax; ~~~-s~~-1971
Coastal Bend Council of Governments Ehlbl~
Coastal ~~nd Co~ncxl of or~~~r~nme~ts
oiid waste grant Yn#erlocal agreement
work Program of ~JBC~I~TRACT~R
Exhibit C
Goa11: Ensure the proper management and disposal of municipal solid waste,
1,3 Household Hazardous waste, and other -Target waste reduction activities and
proper disposal practices to certain components of the waste stream that may pose
special risks or problems, Including such wastes as HHV~, tires, and others
objective 1: HHV~ Materials
Task I a; Purchase HHw materials,
objective Report the progress of the work program task and measure afpragram effectiveness,
Task 2a. Turn in Sumrna~ry Reports Form PT~S 1 } to identify progress of the praject in three-month intervals.
Time Frame; Summary Report due June 15, 2oD8 Ito report an March, April, May} and September 1 2008 eta
report an June, July, August}.
Task 2b; Turn in Results Reports ~Forrn PT-R1} to identify specific results being accomplished by the
implementation of your praject,
Time Frame; Results Report due June 15, 2008 eta report on March, April, May} and September 1 S, 2008 Ito
report an June, July, August}.
Task 2c: Tuts in Financial StatuslReimbursernent Requests Form PT-F1, PT-F2, and supplemental
documentation as identifies in the Special Contract Provisions ~Attachrnent B}section, Article S, located an
page
Time Frame: Financial Status RepartlReimbursement Requests due June 1 , 20~ Ito report on March, April,
Niay} and September 15, 2408 Ito report an June, July, August}.
Coastal Bend Council ofovernn~ents E~hl~}l~
coastal Bend ~vuneil of ~or~ernmeuts
Sold waste rent ~nterlocal 1~greement
schedule ofDeliverables from UB~~TI~.AT~R
Exhibit D
Task T~rr~e Frame Deliverable
Task l: Purchase VIII materiais submit photographic
51311~D08 documentation afHH~V
materials,
Task 2a: summa Re art June 15, 2045 and PT- Farms
~ p September 1~, 2408
Task 2b; Results Rc ort June 1 S, 2008 and PT-R Forms
p September 1 2045
June 1 , 20i~8 and PT-Fl, PT~F2, and
Task 2c; Fntancial Status ReportlRe~mbursement Request 5e tember 1 ~ 2008 su lemental documentation
p ~ Pp
~vastal Bend auncil of Governments ~~~ll~lt ~
oa#al Bend aunci~ of~over~men#s
valid waste grant Interlocal Agreement
ubcantractor Budget and Authorizations
~xhibi# ~
Descrip#ian as#
upplie~,~'L~ 1Vlateria~s $~,12~.0~
T~TA~ ~ ,~~O~Oa
Coastal Bend Council of Governments ~~llbl# ~