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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# ~