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HomeMy WebLinkAboutC2008-109 - 4/8/2008 - Approved ~ATA~ BAND ~UN~~ F ~RN~NT ~~~~D wAT~ CANT INT~L~AL AI~NI~NT ~duc~tion ~~Y~ The aastal Bend auncil of governments ~~0}has received a grant through a contract with the Teas onission on Environmental ualit~,which authorizes CDx to redistribute solid waste fees to support local and regional solid waste projects that are consistent with the regional solid waste management plan. This interlacal agreerr~ent is a subcontract ofth ~~'s contract with the T~E~. Funds for this agreement came from Solid waste Disposal and Transportation Fees. The ~r and the S~UIDNTI~ATDR eertif~ that they have authority to perform the services contracted for by authority granted 1n The ~nterlocal cooperation Act,'t Texas Government bode, chapter 791. This ~nterlocal Agreement is entered into b~ and between the parties named below. Neither TES nor the State of Texas is a party to this antract~ I, I~NTRATIN~ PA~TI~S: The council of GovernmentsFoastal Bend uur?cil of governments The SDB~GNTI~ATO~: pity of corpus Christi II, I~NTRAT ADI4IINISTRATI~N PRDISIDN; See "Attachment A - reneral contract Provisions" "'Attachment B ~ Special contract ~r~vlsl0ns'I III. ER~IES T~ BE PERFORMED; See "Attachment ~ work Program of S~JBDNTRA~TDI" "Attachment D -Schedule of Deliverables from SUBONTRA~TG" ~.S i ~ I~U~HUN~ I~, BUDGET AND PAYIVIENT PR~~EDURE; See "Attachment E ~ SUBDNTRACTDR Budget and Authorizations" , trfa~*~¦rr~w•wr s~~~~ ~I~NI~ ~F ~~~Nl1~~NT U~G~NTRA~T~R aastal Bend auncil of Cavernments i of corpus Christi ~ ~ John Buckner Je f~aplan Executive Director Director, Streets and Solid waste Date: 1/ ~ Date: ~ ~ . 2~ ~ ~~~8~1D9 ~410I48 Res. CQas~al Bend Council ofGovernments ~ ~B~ aastal fiend auncll of governments alld waste grant ~aterlaeal Agreement Table af~on#ents A~ General antract Prvvisians Article i Legal A~tharity Article 2 Scope of Services Article ~ Purpose Article 4 El~g~ble AppilcatslReclplents Article ~ Responsibility of the Subcontractor Article b 1licenses, Permits and ias Article 7 Uniform Crrant and antract 1Vlanagement Act Article S Release of lain~s Article ~ Insurance and Liability Article 1 a Accounting Systems Article I i AuditlAccess to Records Article 12 Independent Financial Audit Article 1 ~ changes Article 14 Termination Article 15 Severability Article I ~ Intellectual Property Article 17 Equal ~ppartunity and Affirmative Action Artlcie 1 ~ ADA Requlrerr~ents Article 19 Ut111Zat10n of Sma11, iVlinority, and Women's Business Enterprises Article ~a Energy Efficiency Standards Article ~ 1 Acnoldgrrient of Financial Support Article Data and Publicity Article 23 I~azardous Substances, haste Disposal, and l~Ianifests Article 24 Statues Relating to Nandiscrin~ination Article ~5 Dral and ~.tten Agreements Article 2~ Safety and Pratectinn Article 2? Farce Niaj eure Article ~8 Entire contract B. Special contract Provisions Article 1 Period of Performance Article ~ Scope of Services Article ~ Obligations Article 4 Reporting Requirements Article 5 Monitoring Requircn~ents Article ~ Title to and Management of Real Propert~r and Equipment Article 7 arnpliance Frith Applicable ~,as Article 8 Types and Standards of Solid haste Implen~cntatian Projects Artlcle ~ Supplemental Funding Standards . Article 1 ~ Funds in the SDTRF Article I 1 anflict of Interest Article 1 ~ Authorized Representatives Coastal Bead Council of Governments . 'orb Program o~ ~~~NTRAT~R D. hed~le ofleli~~rable~ from UBONTRA~~TO E. ~~~~ITRAT~~ Budged and A~~horizations Caa~tal Bend council afGa~ernmen#~ coastal Bend council of governments solid waste grant Interloe~l Agreement general contract Provisions Attachment A Article 1 Legal Authority The SUBOONTRATOR and BOG shall conduct the activities funded under this agreement in accordance with all provisions ofthis agreement, including all applicable state and local laws, rules, regulations, and guidelines. The main governing standards include, but nay not be lirraited to the fallowing: { 1 } 3 ~ 1, ~ 1 TES, HEALTH SAFETY OODE; 33a,S~~ ofth TES Municipal Solid haste Regulations {~0 TAB Ohapter 33~}; and {3} The Uniform Grant and contract Management Act, TEX. GOAT BODE, 78.a~1 et, set,, and the Uniform Grant and ~antract Management Standards, 1 Texas Administrative bode {TAB},x,141 et. seq. {collectively, UGA}, Article ~ Scope of Services The services to be performed by the SUBONTRAOTOR are outlined in the General contract Prav1s1ans {Attachment Special Oontract Provisions {Attachment B}, work Program of SUl3ONTRACTO {Attachment Schedule of Deliverables from SUBONTRATOR {Attachment D}, SUBCONTRACTOR Budget and Autharizatians {Attachment E}, and any change Orders, which are later incorporated into and made a part ofthis Agreement, as if set outword-fvr- ward this contract {Agreement}, Article 3 Purpose {a} The purpose ofthis Agreement is to accomplish the goals of ~G1.~14{b},TEX. HEALTH AND SAFETY CODE, as they relate to distributing solid waste fee revenue funds to support local and regional solid waste pro j ects consistent v~ith the regional solid waste n~anagen~er~t plans approved by the TCE and to update and maintain thane plans. {b} Under the overall goals of the funding program established under 3 1.~ 14{b}, TEX, HEALTH AND SAFETY CODE, the more specific purposes of this Agreement are: 1. To enable the COG to carry out or conduct various municipal solid waste managernent- related services and support actl~rltles within the COG's regional ~urisdictian; and To admin~ster an efficient and effective, region-wide, pass-through {subgrantee} assistance grants program andlor, where authorized by the BOG in accordance with Article 4 ofthis Attachment, to conduct various COG ~ managed projects. coastal Bind council of governments ~ Article 4 l~l1g1b1e AppllcantslReclp~ents Eligible Pass-Through Crrant 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 ~Cx as apass-through grant {i} pities; ~ll~ ~auntleS; {111} Public schools and school districts {does not include universities or past secondary educational institutions}; and {iv} ether general and special law districts created in accordance with state law, and with the authority and responsibility for water quality protection ar munlclpal sold waste management, to include river authorities. {v} council of avernments 2. Local and regional politlcal subdlvlslons that are subject to the payment of state so11d waste disposal fees and whale fee payments are in arrears, as determined by the TE, are not eligible to receive pass-through grant funding from the 0, The TE shall provide, on a quarterly basis, the a list of entities for which fee payments are in arrears, The BOG shall allow a potential pass-through grant applicant that is listed as being In arrears in its fee payments the opportunity to provide documentation ofpayment ofthe fees owed the state. If the potential applicant provides the Cdr VV1th documentation of payment of the fees, such as a canceled check or receipt firan~ the state, the may consider that applicant to be eligible to receive pass-through grant funding under this agreement. The Cdr shall notify the TE of any applicants for which a determination of eligibility was made under this subsection with the list of projects to be provided under the requirements set forth in Article 7.7.E of TAE contract No.58~-4~G529. Article 5 Responsibility of the ubcontractar {a} The UB~~NTRATOR shall be responsible far the professional quality} technical accuracy, timely completion, and the coordination of all services and other work furnished by the U~~NTRA~T~R under this Agreement, as set Earth in Attachment ofthis Agreement. {b} The UB~NTRA~T~R shall perform such services as may be necessary to accarnplish the wank required to be performed under this Agreerrient, in accordance with the BOG and contractual requirements and any and all applicable law, {c} The ~Cr nay require the UE~~NTRAT~R to correct or revise any errors, omissions, ar other deficiencies in any reports or services provided by the UB~NTRAT~R to ensure that such reports and services fulfill the purposes ofthis Agreement. The UB~~NTRAT~R shall make the required corrections or revisions without additional cast to the QC, {d} Neither the Ch's review, approval or acceptance of, nor payrrrent for any ofthe services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action ~vastal Bind Caur~ci~ of Governments arising out afthe performance of this Agreerrrent; and the ~UBONTRAT~R shall be, and rerr~ain, liable in accordance with applicable law for all damages to the ~ includin reasonable attorne ~ ~ fees and court costs caused by the UB~NTRAT~R's negligent performance of an of the . ~ services furnished under this Agreement, {e} The obligations of the UB~~NTRA~T~R under this Article are in addition to the UB~]NTRAT~R's other express ar implied assurances under this Agreement or a liable law pp All con#ractual expenditures using funds provided under this Agreemen# shall meet all procurement laws and regulations applicable to the U~~NTRATOR and their subcontractors and the Uniform Cxrant and contract 1Vlanaement Act and the Uniform Grant Mona emen# g tandards~ Nate that campetltl~e bidd1ng will generally be required, {g} The SUBQNTRAT~R shall be responsible for the rr~anagen~ent and fiscal manitarin of all of g their subcontractors and subgrantees. The UB~NTR.AT~R shall monitor its subcontractors and subgrantees as necessary to ensure that their subcontractors and subgrantees are a eratin • ~ ~ p g consistently with applicable laws and regulations, applicable contracting pol~cres, and this Agreement. The UB~NTRAT~R shall ensure that #heir subcontractors and subgrantees corn 1 py with all record beeping and access requirements set Earth in this Agreement. The BOG reserves the right to perform an independent audit ofall UBNTRACT~R~ subcontractors and sub aratees. The UBQNTRAT~R, UI~ONTRAT~R subcontractors and UB~~NTRATOR subgrantee shall maintain detailed records. Artiste ~ Licenses, Permits and Laws The UBC~NTRATOR shall} except as otherwise provided in this Agreement, be res ansible for p obtaining any necessa.i licenses and permits, and for complying with any applicable Federaly Mate, and municipal laws, codes, ordinances, and regulations, in connection with the worl~ required b this Agreement, Article 7 Uniform Grant and antract Management Act The provisions of the Uniform grant and contract Management Act {„U~MA"} a l to this pp y Agreement to the extent required by law, Article S release of claims Upon satisfactory completion ofthe work performed hereunder and prior to final payment under this Agreement for such worl~, ar prior to settlement upon termination of this Agreement and as a condition to final paymentlsettlen~ent, the UB~NTRAT~R shall execute and deliver to the 0 a release of all clairris against the ~0~ arising under ar by ~rirtue ofthis Agreement. Article Insurance and Liability U~~NTRAT~r shall maintain insurance ca~erage far work performed ar services rendered under this contract as specified in the pec1l Provis1ans~ UB~ONTRAT~ understands and agrees that it shall be liable to repay and shall repay upon demand to ~ any amounts determined by O~, its independent auditors, or any agency ofstate or federal governments to have been aid in f { F vialat~on of the terms of this Agreement, ~oa~tal Bind ~a~n~il vfCovernments Artlcle ~ Q Accounting y~tems The ~U~~ONTRACTOR shall have an accounting system which accounts for casts in accordance with generally accepted accounting standards ar principles and complies with applicable Mate law, regulations, and policies relating to accounting standards or principlesf The S~BONTRATOR must account for casts in a manner consistent with such standards ar principles, Article 11 AuditlAccess to Records The ~J~ONTRA~TOR shall maintain and ~na1~e available for review, inspection andlor audit books, records, documents, and other evidence reasonably pertinent to performance on all work under this Agreement, including negotiated changes or amendments thereto, in accordance with accepted professional practice, appropriate accounting procedures and practices at the UB~ONTRATOR's office. The UBOONTRATOR shall also maintain and make available at its Texas office the financial information and data used by the UB~ONTRATOR or its designee {including independent financial auditors} in the preparation or support of any cost submission or cast {direct and indirect}, price or prof t analysis for this Agreement or any negotiated subagreernent or change order and a copy of the cost sunaaxy submitted to OCR, The COC, Texas Mate Auditor's Office, ar any of 00's duly authorized representatives, shall have access to such backs, records, documents, and other evidence for the purpose of review, tnspeetlon andlor audit During the conduct of any such review, audit or inspection, U~ONTRATOR's books, records, and other pertinent documents rr~ay, upon prior conference with the UBONTRA~TOR, be copied by the X00 or any of its duly authorized representatives. All such information sha11 be handled by the parties in accordance with goad business ethics, The [7BONTRATOR shall provide proper fac~litres within the Mate of Texas for such access and lnspectlan, fib} 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 or audit agency~ies}, {c} The UB~ONTRATOR agrees to the disclosure ofall information and reports resulting from access to records pursuant to section {a} of this Article to ~ where the audit concerns the UBONTRA~TOR, the auditing agency will afford the ~U~~ONTRATOR an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the drafl~ audit report. ~d} Records under ectian {a} of this Article shall be maintained and made available during the entire period of performance of this Agreement and until three {3}years from date of final C00 payment for the project. In addition, those records which relate to any dispute, litigation, or the settlement of claims arising out of such performance, or casts or items to which an audit exception has been taken shall be maintained and made available until completion of such action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever is later, fie} Access to records is not limited to the required retention periods The authorized representatives designated in section {a} of this Article shall have access to records at any reasonable time for a.s long as the records axe maintained. ~aastal Bind ~ounc~l of~overnm~nts The right to audit and access to records Article applies to f financial records pertaining to X11 subagreements and all subagreement change orders and an~endrnents, In addition, this right ofaccess applies to all records pertaining to all subagreements, subagreen~ent change orders and subagree~nent amendments to the extent the records reasonably pertain to subagreement performance; ifthere is any indication that fraud, grass abuse or corrupt practices nnay be finvolved; ar if the subagreen~ent is terminated far default ar far convenience, {g} The ~G reserves the right to require the reinabursen~ent ofany over-payments determined as a result of any audit or inspection of records kept by the UB~~NTRAT~R an work performed under this Agreement. {h} The ~B~NTRA~T~R shall include sections {a} through {g} of this Article in all subagreen~ents and all change orders directly related to pro j ect performance. Article 1 ~ lndependent financial Audit The UBDNTRATGR shall adhere to the dingle Audit requirements of the ~JGMA. The U~~GNTRATGR shall deliver to the BOG each audit report within thirty {3a} days of completion of the audit report. The UBGNTRAT~R is responsible far including the dingle Audit requirements in all subagreenaents and shall be responsible far insuring adherence to those requirements by all subgrantees and subcontractors, Article 13 changes {a} A Major change will include one or mare of the following: { 1 } an increase or decrease in the amount of compensation to the C~BONTRA~TOR; an extension or shortening of the term of the Agreement; a significant change in the scope ofthe Agreement or the services to be performed; or {4} any action that is beyond the authority of the Executive Director or the Project Representative of the {b} Implementation of a Major change must be preceded by a formal written amendment to the Agreerrxent~ The amendrr~ent must contain a description ofthe proposed changef The arr~endn~ent must be signed by persons authorized to bind each party in contract. Any amendment that will exceed the contractual authority of the Executive Director of the ~G also requires the consent, at Agenda, ofa majority of the BGG Governing hoard, {c} Any proposed change that is not a Major change may qualify as a Minor change. In addition, a delay or change in the work resulting from inclement weather will be treated a a Minor change, A Minor change shall require the written agreement of both Project Representatives, but does not require a formal amendment to the contract. A copy of the authorization must be retained in the appropriate file of bath the [JBGNTRATGR and the EGG, {d} Ifthe ~UBONTRATGRrequests a Minor change and the Project Representative ofthe EGG does not approve the request as a Minor change, then the change shall be deemed a Major change ~aastal Bend ounc~l of Governments and the UB~~NTACT~ nay only obtain authorization to proceed in accordance with Section {b~ ofthis Article. {e} Ifthe U~~NTRAT~R makes any changes in personnel whose salaries are funded by this grant, SUB~NT~A~T~~ must give ~ prior notification and obtain prior approval from O~ Any alterations, additions, or deletions to the terms of this contract which axe 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 UB~NTRAT~R may not legally comply with such change, SUB~NTRAT~R may terminate its part1G1patlan herein as author~~ed by Article 14, {g} ~ may, from time to time, require changes ~n the Scope of the Services of the SU~~NTRAT~R to be performed under this Agreement. Such changes that are mutually agreed upon by and between 0 and the SUB~NTAT~R in writing shall be incorporated into this Agreerr~ent. Article 14 Termination {a~ This Agreement terminates upon full performance of all requirements contained herein, unless extended in writing. {b} This Agreement may be terminated in whole ar in part in writing by either party 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 an the part ofthe UBONTRAT~R to comply with the conditions set Earth in the agreement shall be the basis for termination of the agreement andlar the revocation of alay unexpended or inappropriately expended funds, Provided that no such termination may be effected unless the other party i given; ~ 1 } not less than ten { 1 a~ days written native {delivered by certifed mail, return receipt requested} of intent to terminate; and {2} an apporturiity far consultation with the terminating party prior to termination. {G~ This Agreement may be terminated in whole or in part in writing by the 0 for its convenience; Provided that the SUB~NTRAT~R is given not less than ten {1 a~ days written notice {delivered by certifed mail, return receipt requested of intent to terminate. {d} ~fterminatian for default under Section {b} ofthis Article or termination far convenience under Section {c} ofthis Article is effected by the C~, any payment due the [7B~NT~AT~R at the time of termination may be adjusted to the extent of any additional costs occasioned to the by reason of the SUB~NTRAT~R's default, The equitable adjustment far any termination shad provide far payment to the SUB~NTRA~T~1 for services rendered and expenses incurred prior to the termination, in addition to terna~nation settlement costs reasonably incurred by the SU~NTRAT~R relating to carnmitments which had became firm prior to the termination. {e} Upon receipt of a termination action under Sections {b~ or ~c} of this Article, the UBC~NTRAT~R shall; aastal Bend auncll of Gravernments ~ 1 ~ promptly d1scont1nue all services affected sunless the notice directs otherwise}; and deliver ar otherwise make available to the DG all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the UBONTRA~T~R in performing this Agreement, whether completed or in the process. ~f~ I`Jpon termination under sections ~b}and {c} of this Article, the CMG may take aver the work and prosecute the same to completion by agreement with another party or otherwise. fig} If, after termination far failure of the U~~~NTRAT~R to fulfill contractual obligations, it is determined that the UBONTRATOR had not so failed, the termination shall be deemed to have been effected for the convenience ofthe CDG. In such event, adjustment afthe price provided for in this Agreerrlent shall be made as pravlded in ectian ~d} of thls Artlcle, ~h} If any delay or failure of performance is caused by a F~RP~ AJ~IJI event as described in the Article of this Appendix, the ~ may in its sale discretion terminate this Agreement in whale ar part under this Article Article 15 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 b Intellectual Property ~a} For the purpose ofthis Article, „intellectual property~'refers to I ~ any discovery or invention for which patent rights may be acquired, and any photographs, graphic designs, plans, drawings, specifications, computer programs, technical reports, operating manuals, or other capyrightable materials, and ~}any other materials in which intellectual property rights may be obtained ~ loyalties and Patent Fees The UB~~NTRA~T~I shall pay all license fees and royalties and assume all costs incident to the use ar possession in the performance ofthe work or the incorporation in the work of any Intellectual Property, ~c} Disclosure of Intellectual Property Produced during the work. The U~~NTI~AT~R shall prorriptly notify the of all Intellectual Property which the ~JB~NTRATOR, including its err~ployees, subcontractors, or subcontractors en~plo~ees may produce, either solely or j ointly with others, during the course ofthis work. In addition, the UB~~NTRAT~ shall promptly notify the of all Intellectual Property to which the UB~ONTAT~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 cleax understanding of the Intellectual Property, and shall identify any publication, sale, public use, or impending publication, Promptly upon request, the [~~DNTRATD shall supply such additional information as the may request. ~d} In performing work under this Agreement, the UBCDNTRA~TDR shall comply with all laws, rules, and regulations relating to intellectual propert~r, and shall not infringe on any third-party"s Intellectual Property rights. UB~DNTRAT~R further represents and warrants to DG that in the Coastal fiend Council of Governments course of performing the work it will not use ar possess any Intellectual Property owned b a third panty without paying any required royalty or patent fees. UB~NTRA~T~R warrants that it has full title in and ownership of the Intellectual Property and any enhancements, u dates or other p modifications, ar that it has full power and authority to grant all licenses granted herein, and that such license use by the ~G will in no way constitute an infringement or other violation of an Y Intellectual Propert~r right of any third party, The UIONTRA~TOR warrants that it shall have, throughout any applicable license term hereunder, free and clear title ta, or the right to assess, use, . p sell, transfer, assign, license, or sublicense, products that are licensed or provided hereunder to the ~DG by the UB~NTRAT~R. Except as permitted in the Agreement, ~U~~NTRAT~R shall not create or permit the creation of any lien, encumbrance, ar security interest in the work ar any part thereof, or any product licensed or provided hereunder to CMG for which title has not et y passed to ~G, without the prior written consent of UBNTRA~T~R represents and warrants to ~C~ that neither it nor any other company or individual performing the work is under any obligation to assign ar give to any third parr any Intellectual Property rights granted ar assi ed to ar reserved by pursuant to the Agreement. It shall hall the ~~G harmless far, and to the extent permitted by the laws and anstitutian of the Mate of Texas, defend, and indenini the fY ~G against, any cla~rris far Infringement related to its work under this Agreement, ~e~ Grant and License, with respect to such Intellectual Property as is {i} Incorporated in the work {other than intellectual Property far which already possesses equal or greater Intellectual Property Fights by virtue of this Agreement or otherwise}, {iii produced by U~ONTRAT~R or UB~NTRAT~R~ employees, subcontractors, ar subcontractorQs ernployeesduringthe course ofperfarming the work, Qr {111} specifically identified In a supplemental ~andltlans as Intellectual Property to which Intellectual Property Rights axe granted pursuant to this paragra h, . ~ I~B~IVTRAT~R hereby grants to BOG {l~ a nanexclusi~re, perpetual, irrevocable, ente rise- . wide license to reproduce, publish, ar otherwise use such Intellectual Property and associated use docun~entatian, and {ii} a nonexclusive, perpetual, irrevocable, enterprise-wide license to authorise others to reproduce, publish, ar otherwise use such Intellectual Property far Ctrs p oses~ ~f~ adilication; Derivative works. ADC shall have the right, in its awn discretion, to independently modify any Intellectual Property to which license i granted herein for COs own purposes and use, through the services ofits own employees or independent contractors. ~DG shall own all Intellectual Property to such modifications. ~CTB~I~TRAT~R shall not incorporate an i . ~ . . ~ . . ~ F , such inadlficatlons Into its Intellectual Property for distribution to third parties unless It first obtains a license from ~~x. {g} C1B~TRA~T~R expressly acknowledges that state funds rrxay not be expended in connection with the purchase of an automated information system unless that system rrleets certain statutory requirements under section Z l 57,05 afthe avernment bode, relating to accessibility by persons with visual impairments. Accordingly, the U1~~NTRA~TOR represents and warrants to BOG that the technology provided to the ~C for purchase is capable, either by virtue of feature Included wlthYn the technology ar because it is readily adaptable by use with other technala , of 1 providing equivalent access for effective use by both visual and nonvisual mealas; {2} resentin p g Information, including prompts used for Interactive communications, in formats Intended for nonvisual use; and {3} being integrated into networks for obtaining, retrieving, and disseminatin . ~ g information used by Individuals who are not blind or visually impaired. For purposes of this paragraph, the phrase equivalent access means a substantially similar ability to communicate with or make use ofthe technology, either directly by features incorporated within the technology ar b other Y reasonable means such as assistive devices or services which would constitute reasonable Coastal Bend Council ufGover~ments accarn.adation under the Americans with Disabilities Act yr similar Mate ar 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 custorn~zed display appearance, ~h} U~DNTRAT~R will include in all subcontracts ~ provision similar in effect to the following dear 2aa6 warranty as set forth in the ectian, ~ 1 ~ UB~NTRA~TDR also warrants that, with respect to wark performed under this Agreement, that all work is Year 20aG ampliant when used in accordance with the applicable documentation, provided that all products used in con~binatian with it abut not themselves included in ar with yr incorporated into the warp} properly exchange date da#a with the wark, UB~NTRATDR warrants that the wark meets all applicable standards ofthe Texas Department of Information Resources relating to the Year ~OaG orr~pliance. ~ the event any work performed under this Agreement is not Year ~aaG complaint, and the UB~NTRATO is provided written notice thereof, UBDNTRA~TDR sha11 at its sole expense irrYmediately cause such wark to become Year ~OaG ~ampliant in a manner that will n~inirnize interruption to ongoing business processes, time being ofthe essence {i~ The U~~DNTRAT~R shall include provisions to effectuate the purposes afthis paragraph in all subcontracts and subgrants under this Agreement in the course ofwhich Intellectual property may be produced or acquired, Article 17 Equal opportunity and Affirmative Action The ~UB~NTRAT~R shall agree that in the performance of this antract, it will not discriminate against any employee or applicant because afrace, religion, color, sex, age, ar national origin and it will comply with Executive order 1124~,entitled'rEqual Employment ~ppartunity," as amended by Executive order 11 75, and as supplemented 1n Department of Labor Regulations Title ~ ~ 1~ R Part Ga~~ The UB~NTRAT~R assures that no person will, on the grounds of race, creed, valor, handicap, national origin, sex, political affiliation ar beliefs, be excluded from, be denied the benefit af, or be subject to discrimination under any program or activity funded in whole or part under this ~ontract~ Article 1 S ADA Requirements The UB~NTRATDR shall comply with all applicable requirements of the Americans with disabilities Act of 19a, 4~ U,.,1~101-1213. Article 19 Utilization of rriall, Minority, and ''omen's business Enterprises The UB~ONTRATDR agrees that qualified I Iistoricall~ Underutilized businesses AB's}shall have the maximum practicable opportunity to participate in the performance of this Agreement. Article 2~ Energy Lff iciency standards The UBC~NTRAT~R shall fallow standards and palrc1es an energy efficiency, which are cantined in the Texas Mate Energy anervation Plan issued in compliance with the Energy Policy and onservatian Act P.L. ~4- ~ Baas#al Bend council of Governments Article ~ 1 Acknov~ledgrr~ent of financial Support The SUBCONTRACTOR sha11 acknowledge the financial support afthe TCE and ~ whenever work funded, in whole or part, by this Agreement is publicized or reported in news media or publications. A11 reports and other documents corripleted as a part of this Agreement, other than documents prepared exclusively for internal use within the C00, shall carry the following natation on the front cover or title page: Example: P~~P~4~~D ~ C~~~RA ~~D T~I~ ~'~~4~' '~I~S`S~~II~ ~ ~~VI~~~~~I~~4~ AL~~Y ~'h~ ~p~e~ar~a~io o~'t~is re~or~ was f ina~t~ed ~~tr~ot~ ands f~a~ ~~e S'~a~e of Te~cas ~hr~r~~~r ~h~ ~~as oxssio~t ort ~~tvi~on~n~a~ ~a~i~y~ Article 22 Data and Publicity All data and other information developed under this Agreerr~ent shall be furnished to the ~ and shall be public data and information, except to the extent that it is exempted from public access by the Texas Open RecordslPublic Information Act, TES, GOB"T CODE 55~~ Upon termination of this Agreement, all copies of data and information shall be furnished, at no charge to the COO, upon request, to include data bases prepared using funds provided under this Agreement, and become the property of the COG. Except as otherwise provided by the Agreement or the Act, the SUBCONTRACTOR shall not provide data generated or otherwise obtained in the performance of its responsibilities under this Agreement to any party other that the C00, State of Texas, and its authorized agents. Article 23 I~azardous Substances, haste Disposal, and Manifests The SUBCONTRACTOR and their subcontractors and subgrantes must comply with all applicable Laws and Regulations, including but not limited to those relating to hazardous substances, waste disposal, and rrianifestsi Article ~4 Statues Relating to Nondiscrimination The SUBCONTRACTOR shall comply with all applicable state and federal statues relating to nondiscrimination which include, but are not limited to, thane listed in the Uniform Grant 1Vlanagement Standards. Article Z Oral and Britten 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 ofGo~ernments Where applicable, the ~~J~OT~AT~R. shall be responsible for requiring its subcontractor and subgrantees to maintain and supervise all necessary safety precaution and programs in connection with the work. The I~ECN~T~A~TR shall take all necessary safety precautions. Article 27 Farce NIa j eure Ta the extent that either party to this Agreement is ~rhally ar partially prevented from the performance ~rithin the term specif ied of any abli~atian or duly placed an such party by reason of or through decrees of Qr restraints by a government instrumentality, acts of Cad except that rain, mind, flood or other natural phenomena normally expected far the locality shall not be construed as an act of Cad}, work stoppages due to lobar disputes or strikes, fires, explosions, epidemics, riots, v~ar, rebellion, and sabotage, in such event, the t1me fax the performance of such obl~gatlan or duty shall be suspended until the disability to perform is removed. Determination offorce majeure shall rest solely with the No time extension shalt be granted under this Article unless the party seeking reliefhas notified the other in meriting within a reasonable time after cornmencerrient ofthe event, afthe anticipated length and cause of delay, the measures taken ar to be taken to minimize the delay, and the timetable by which the UBCNTRATCR intends to implement these measures The party seeking reliefshall also glue written notlce ofthe ending of the event th1n a reasonable time after the eventhas ended. Article Z8 Entire contract This Agreement, including Attachments A, B, C, D, and E, represents the entire contract between the contracting parties and supersedes any and alI prior contracts between the parties, whether written or oral. ~aastal Bend Cau~cil of Gnvernmen#s ~ ~ vestal Bend council of overnmen#s Solid waste grant In#erlocal Agreement pccial Contract Prv~visions Attachment B Article 1 Period of Performance The period of performance of this agreement begins an March G, 20118 and ends an Au ust 3f 2- Article ~ Scope of Services All parties agree that the SUBONTRATO~, in consideration of compensation described in this Attachrrtent and CJBCONT~AATOR Budget and Authori~atians Attachment ~ of this Agreement, shall pra~ide the services with COCr as specifically described in the work Program of SUBCONTI~ATO {Attachment of this Agreement} and Schedule of Deliverables from S~JBONTRACTO ~Attachrr~ent D ofthis Agreerr~ent}. {b} The SUBONTRATOI agrees to implement the Pia j ect according to the agreed upon budget shown in Attachment ~ of this agreement. Article 3 ~ Obligations M~asur~ ~f ~l~blllt~ In consideration of full and satisfactory performance hereunder, Og will be liable to SUB~ONTRATOR in an amount equal to the actuat costs incurred by S1~B~ONTRATOi~ in rendering such performance, subject to the following limitations; 1, ~ 1S nOt llable for expendltures made 1n vlolatlan of "general Provisions for Texas Commission an Environmental duality's Standards Applicable to Implementation Projects and Supplemental Funding Standards", as described in Articles $ and 9 of this Agreement, which outline prohibited activities as defined by the Texas Commission an Environmental duality {TES. Og is not liable far any costs incurred by SUBCONTRACTOR in the performance of this agreement, which have not been billed to COg within thirty days following termination of this agreement. 3, COg is not liable to SUBCONTRACTOR for casts incurred or performance rendered b~ SUBCONTRACTOR for costs incurred by S[~BCONTRACTO> before commencement of this agreement ar after termination of this agreement, 4, Except ~5 specifically authorized by ~ in wrlting, ~Og is llable onZ far expendltures made in compliance with the cost principles and administrative requirements set Earth in Federal OMB circular A-87, Co~s~al Bead Council of Gove~nt~en~s 5. All representations, in~enif ieatio~s, ~arrantie~, end uaxtees rrzade in, required b~ or given in accordance with the Agreement, as well as all continuing obligations indicated in the Agreement, will survive final payment, completion of the work and termination or completion of the Agreementf fib} Method and Schedule of Payment 1, Payments: Payments to pass-through grant recipients may be made only on a reirr~bursement basis, Upon review and approval of each financial report, ~ wilt make payment to UBC~NTRATOR against HOC liabilities to be accrued hereunder, SUBgNTRAT~R may account for expenses incurred and request reimbursement of outlays under either a cash or an accrual basis, as defined and authorised under the UMA. To be eligible far reimbursement under this Agreement} a cost must have been incurred and either paid by the U~~NTRAT~D prior to claiming reimbursement from the ~ or incurred by the last day of the time period indicated on a request for reimbursement form and liquidated no later than forty~f~ve X45}days after the end of that time period. 3, Financial reporting; The ~ shall provide financial status report farms aril supplemental forms to be submitted by SUB~NTRA~T~D at least quarterly andlar with each request for reimbursement to itemise expenditures by budget category, Allowable expenditures are set forth in Articles 8 and ~ of this Agreement, The ~ shall review all materials Provided by the UB~NTDAT~R with a request for reimbursement, and shall not make a reimbursement payment unless all required items have been provided and are deemed to be accurate, 4. ~n general, expenditure documentation to be maintained by the SUB~NTAT~R abut not necessarily subrr~itted to the CMG with each Financial Status Depart} should be whatever is necessary to show that the work was indeed performed and that the expense was, in fact, incurred. Yn addition, the documentation should also support the fact that the expenditure was reasonable and necessary to this Agreement. , Documents that should be maintained, as appropriate far the expense, include by category, the records listed below, a. SAIIARYIwABS Time sheets that have been signed and approved. b, TRAVEL Dccumentatian, which, at a minimum, is consistent with State Travel Regulations, The purpose of the travel should be documented and supported with actual receipts far hotel accommodations, public transportation receipts, airline receipts, etc, c. EUIPM~NT Purchase orders, invoices, and canceled checks. d, SUPPLIES Purchase orders cif issued}, invoices, receipts, and canceled checks, ~aastal Bend ~uncil of Gov~rnm~nts e~ SUB~NTRACT dopy of subcontract, plus documentation that all casts 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~ ~NST~UTIO All applicable documentation required for ~ ui meet, qp Salary, supplies and Subcontractors. ~T~IER Purchase orders, invoices, receipts, and canceled checks. G~ All expenditures under the equipment, construction, ar subcontract budget cafe Dries must be approved ~n advance by the ~C, Further, for any "other" category expenses not specifically spelled out in this interlacal contract, the contract shall require that the SC~BC~NTRAT~i~ obtain prior written approval from far that expense. 7. Travel F~xpenses, Reirr~burserr~ent oftravel expenses far out-of-state travel, except where such travel is specifically authari~ed in writing by the is prohibited' Prior to authorising any out-af~state travel by apass-through grant recipient, the must obtain written approval from the T~~ to provide such authorization. I requested by the the S[J~~~NTRAT~R agrees to provide to the CSC the additional expense records and documentation rr~aterials, as listed in Subsection of this Article, and appropriate for the expense, for the tune period requested by the e~ce t p that the S[7~NTRACT~R w111 not be asked to subrriit records that have alread been ~ ~ i F , # prvv~ded to the ~ w1th a F~nanc~l status Deport. The will provide reasonable time far the S~JB~NTAT~R. to comply with a request for additional records. lfthe ~ requests to review additional records to be provided by the SUB~NTRAT~R. under the ~~'s financial monitoring program, the Der will review thane records and provide the SU~~NTRA~T~R a written sun~.ary of the Endings of that review, The ~ will also allow the SUB~NTRAT~R reasonable time to respond to any fjndings ofnancampliance or other problems identified by the records review. 9~ The shall not reimburse ar otherwise make payment to SU~~IVTRACT~R far an expenditure that is not authar~~ed under this ,Agreement. If it is determined, by either the ~G ar the T~ that an expenditure that was reimbursed is not an authorized expense,the ~G shall request return and reimbursement of those funds from the grant reci Tent ar, . p where appropriate, the application ofthose funds to other authorised expenses, and sha11 not provide any additional reimbursements to the pass-through grant recipient until the funds axe returned or are applied to other authorized expenses. 1 a. The SC1~~NTRAT~R contractual costs rrYUSt comply with allowable costs requirements, SUB~~TRACT~R which are governmental entities must nga a in contractor selection an a competitive bans in accordance with their established polices, If [JB~~NTRATDR has no competitive procurement policy ar is a private enti , SU'B~NTRACT~R rriust generally select contractors by evaluation and con~parisan of price, quality of goads or services and past performance. All subgrants awarded b the 4 ~ ~ SUB~TRA~T~R under this Agreement sha11 be in accordance with Subpart , Sec, ,~7, Coastal Bend Council of ~overnmer~ts Subsection {b} of the State Uniform Ad.inistrativc Requirements far grants and Cooperative Agreements as set Earth in Part rIl afthe Uniform C'rrant Management Standards adopted by the Oovernar's Office of Budget and Planning. {c} SU~CONTRA~TOR Close Out Report No later than thirty days following the termination of this agreement, SCJBONTRATOR rr~ust submit a CO Contract Close Out Report according to written instruuctians frorri COG. Article ~ Reporting Requirements {a} The SUBC0~ITRACTOR shall prepare and submit to the X00, a quarterly written progress report concerning performance under this Cantract~ Such progress reports shall document accarnplishments and units of ward performed under Attachment O of this agreement including program results, All progress reports shall be submitted within 7 days aver the end of each quarterly period so that C00 may submit a consolidated report to TC~ within ~a days. A final progress report shall be provided prior to the final request far payment under this Contract, but, in no case later than 30 days after the end of the Contract period, Payments {re~mbursen~ents} requlred under this contract may be withheld by the COCr until such time as any past due progress reports are f recelve {b} The SUBO~TRACTOR quarterly progress reports required under ectlan ~a} ofthis Article contain descriptions of activities and costs for the COCA to ensure that the provisions ofthis Contract are being complied with, The SUBCONTRACTOR shall comply with any reasonable request by the COCx far additional information on activities conducted in order for the COr to adequately monitor the SUBCONTRATOR's progress in completing the requirements afand adhering to the provisions of this Contract The SUBCONTRACTOR shall certify in writing to the COO, through a final progress report, the satisfactory carripletian of all activities and deliverables required under the pass- through grant agreement. {c} The SUBCONTRACTOR shall provide the COC with follaw'up results information an a schedule established by the COO, to include a report or reports sufficient to allow the COC to provide the T~ a report in October 2aa9 on the Continued results ofthe project funded under this Agreement ~n addition, the SUBCONTRACTOR shall continue to document, as appropriate to the type of project, the results ofthe project activities far the life ofthe program or activity. {d} The S[JB~NTI~ACT~R's failure to cam~ly with the requirements of this Article constitutes a breach of this contract. Article ~ Monitoring Requirements {a} COG may periodically monitor UBONTRACTOR for: 1, The degree of compliance with the terms of this antract, including carripllance with applicable rules, regulations, and promulgations referenced herein; and The administrative and operational effectiveness of the project. Coastal fiend Council of ~o~r~rnments ~b~ ~ shall conduct periodic analysis ofSUB~~1T~AT~R'S performance under this on~ract far the purpose ofassessin the degree to which contractual objectives and performance standards, as identified in this contract ar as subsequently amended}are achieved by S1JB~~NTRA~T~. Article ~ Title to and Management of Real Property and equipment Subs ect to the abllgatlons and conditions set Earth in this Agreement, title to real property and equipment together herea~er referred to in this Article as property} acquired from funds prodded under this Agreement by the SCJB~NTRAT~R shall vest upon acquisition or construction in the SU~~NTRAT~R. All parties agree that upon full performance of this antract, title shall rerr~ain with the SB~NTPACT~R, provided however, that lfthls contract is terminated, due to substantial failure by the UBONTRAT~ to fulfill its obligations under this contract, title and physical possession ofall equipment and constructed fixtures shall, upon written natifcation frarn HOC, be transferred in good condition and within five ~5} warlcing days to C~, ~a} dub j ect to the pra~isions of this ~green~ent and as athervvis provided b~ state statutes, prapert~ acquired or replace under this Agreement shall be used for the duration of its normally expected useful life to support the purposes of this Agreement whether or not the original projects or programs continue to be supported by ~C~ funds. fib} The SC~BC~NTRAT~R shall not grant or allow to a third party a security interest in any original or replacement property purchased ar constructed with funds made available to the ~JB~NTRACT~R under this Agreement, ~c} The use afproperty acquired under this Agreement, bath during the term ofthis Agreement and far the useful life of the property, shall be in accordance with Section ~1.a14~b} of the T~, HEALTH & SAFETY which directs that a project or service funded under this program must promote Cooperation between public and private entities and may not be otherwise readily available ar create a corripetitive advantage aver a private industry that provides recycling or solid waste servlCes, ~d} The SUB~NTRA~T~ may develop and use their own property management systems, which must conform with all applicable federal, state, and local laws, rules and regulations, rfan adequate system for accounting is not in place or is nut used properly, the property Accounting Systerr~ Manual issued by the State ~amptroller of Public Accounts will be used a a guide far establishing such a system. The property management system used by the SUBONTRAT~R must rr~eet the requirements set forth in this section. ~I} Property records must be maintained that include a description of the property, a serial number or other identi#ication number, the source of the property, who holds title, the acquisition date, and the cost of the property, percentage of state participation in the cost of the property, the location, use and condition ofthe property, and any ultimate disposition data including the date of disposal and sale price of the property, III} A physical inventory ofall equipment acquired or replaced under this Agreement sha11 be conducted no less frequently than once every two years and the results of such inventories reconciled with the appropriate property recards~ Property con~ol procedures utilised by the SUB~NTRAT~I~ shall include adequate safeguards to present loss, damage, or they of the acquired property. Any lass, dar~iage, or they shall be investigated, The Coastal Bend Council of governments SUBC~NTRACT~R shall develop and carry cut a program of property maintenance as necessary to keep both originally acquired and any replaced property in goad condition, and to utilize proper sales procedures to ensure the highest possible return, in the event such property is sold, VIII} Certain types of equipment are classified as controlled assets and are subj ect tv annual revision. Yn accordance with the UMS, the SU~C~NTRACTOR should contact the Texas Comptroller of Public Accounts property accounting staff ar review the Comptrollers Mate Property Accounting User Manual available on the Internet, for the rriost current listing, Firearms shall be maintained on the SUBC~NTRACT~RS inventory system irrespective of east, and the fallowing equipment with casts between aD and 1,a0a shall be maintained an the inventory system: ~ 1 ~ stereo systems, still and video cameras, {3} facsimile machines, VCRs and vCRIT~ combinations and ~~}cellular and portable telephones, fie} The SUBCONTRACTOR may for the purpose of replacing property acquired under this Agreement, either trade in ar sell the property and use the proceeds of such trade~in or sale to offset the cost of acquiring needed replacement property. The SUBCONTRACTOR agrees that if a determination is made that any property acquired with funds provided under this Agreement with a current per-unit fair market value of $1,aaa ur more is na longer needed far the originally authorized purpose, the C0 has the right to require disposition ofthe property by the SUBCONTRACTOR in accordance with the provisions ofthis Article, fig} When, during the useful life of property acquired with grant funds under this Agreement by the SUBC~NTRACT~R and with current per-unit fair market value of $1,aa0 or more, the property is no longer needed far the originally authorised purpose, the SUBCONTRACTOR agrees to request disposition instruction farm the COQ ar, if the ~ is na longer administering a Regional olld waste grants Program, the TCE, Disposition 1nstxuuctions shall sallcit, at a minimum, information on the source and amount of funds used in acquiring the property, the date acquired, the fair market value and haw 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 roust include a determination that disposition will comply with the private industry provisions of 3 1,014~b} of the TEAS I~EALTI~ SAFETY C~I~E ANN, In cases where the SUBCONTRACTOR fails to take appropriate disposition actions, the COCr may direct the SUBCONTRACTOR to take excess and disposition actions. The dispositions may provide for one of the alternatives as set forth in this Section, ~I} Retain title, sell, or otherwise disposed of with no abllgatlan to corr~pensate the COQ. III} Retain title after compensating the COCr. If the C~ is compensated by the SUBCONTRACTOR for property acquired using funds provided under this Agreement, the COC will in turn compensate the TCE~ or, upon authorization by the TCE, use thane funds far other pro j ects ar activities that support this ar similar future prograrr~s conducted by the C~~r. The arriaunt due will 6e computed by applying the percentage afntate-funded participation in the east of the original purchase to the fair market value of the property, VIII} Sell the property and compensate COO. If the C0 is compensated by the SUBCONTRACTOR far property acquired using funds provided under this Agreement, the COO will in turn compensate the TCE ar, upon authorization by the TCE~, use thane coastal Bend Council of Gavernm~nts funds for other pry j ects ar acti~rities that ~uppart this ar similar future programs conducted by the COg~ The amount due will be calculated by applying the C~Crs percentage of participation in the cast ofthe original purchase to the proceeds ofthe sale aver deduction of any actual and reasonable selling and fixing-up expenses. Ifthe grant is still active the net praceeds from sale may be offset against the original cast of the property, when the [~BC~NTRACTOR is directed to sell the property, sales procedures shall be followed that provide for competition to the extent practicable and result in the highest passible return, HIV} Transfer title to the Cog or to a third-party designatedlapproved bythe C~Cr, Ifthe UBCONTRACT~R paxticipated financially in the original purchase, the UBC~NTRACT~R may be authorized payment from 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 rr~arket of the property ~h} Items of property with a current per-unit fair market of less than l ,o~~ may be retained, sold or atherwlse d1posed ofby the SUBC~NTRACT~R with no further abllgatlan to the COg. Methods used to determine per-unit fair market value must be documented, kept on ~ le and made available to the ~ upon request, ~i} The ~ shall include provisions in its Interlocal Agreements to implerr~ent and enforce the provisions of this Article, Article 7 Compliance with Applicable Laws The SUBC~NTRACT[~R shall give all notices and eornply with all laws, ordinances, rules, regulations and order ofany public authority bearing on the performance afthis contract, including, but not lirriited to, the laws referred to in this Contract. If the SUBC~NTRACT~R or COg observes that this Contract is at varlanee therewith in any respect, the observing party shall promptly notify the other party in writing, and any necessary changes shall be adjusted by appropriate Contract modification, Dn request, the UBC~NTRACT~R shall furnish Cog n~odi~cativn. If the U1C~NTRACT~R performs any work knowing or having reason to know that it is contrary to Laws or Regulations, the UBC~NTRACT~R shall bear all claims, costs, losses and damages caused by arising out of or resulting therefor, Article 8 Types and Standards of Solid V~aste f mplen~entation Projects Local Enforcement 8.1. Funds may not be provided to any law enforcement agency regulated by Chapter 415, Texas government Code, unless: ~a}the law enforcementagency is in coruplianoewith all rules developed bythe Commission on Law Enforcement Standards and Education pursuant to Chapter 415, Texas government Code; or ~h~ the Commission vn Law Enfvrcen~ent Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules, $.2 then funding is to be provided for salaries of local enforcementOfficers, the funds recipient must certify that at least one ofthe off icer~ has attended ar will attend within the term of the funding the TCE~'s Criminal Environmental Law Enforcement Training or equivalent training, S. Local enforcementvehicles and related enforcement equipment purchased entirely with funds provided Coastal Bend Council of governments under this Agreement may only be used for activitiesta enforce lags and regulations pertaining to littering and illegal dumping, and nay not be used for other Cade enfarcementor law enforcernentactivitie, vehicles and equipment that are only partially funded must be dedicated far use in local enforcement activities far a percentage of time equal to the proportion of the purchase expense funded. S,4 Entities receiving funds for a local enforcement af~icer, enforcement vehicles, andlor related equipment far use by an enforcement officer, must investigate major illegal~umping problems, on bath public and private property, in addition to investigating general litter problems on public property, S.5 Entities receiving funds to conduct a local enforcemer~ program must cooperate with the TCE's regional investigative staff in identifying and investigating illegal dumping problems, Lack of cooperation with the TES staff may constitute a reason to withhold future funding to that entity for local enforeementactivities. 8.G Finds may not be used far investigation and enforcement activities related to the illegal dumping of industrial andlar hazardous waste. instances where industrial ar llazardaus v~aste is discovered at a site do not preclude the investigation of that site, sa long as the intent and focus of the investigation and enforcement activities are an the illegal dumping of municipal solid waste, Litter and Illegal_~]umping.,,leanup S.? Lake and River cleanup events must be coordinated with the TCEQ's cleanup program staffandlor the Keep Texas Beautiful organisation, which is contracted by the TCE~ to administethe Lake and River cleanup program, S.8 Projects funded to clean up litteror illegal dumping an private property must be conducted through a local government sponsor or the PERF~RMIN~ PARTY, Funds nay not be provided directly to a private landowner ar other private responsible party for cleanup expenses. The local government sponsor or the PERF~RINC PARTY' must either contract far and oversee the cleanup work, or conduct the work with its own employees and equipment, S The costs far cleanup of ha~ardaus 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 TCE~ to deal with immediate threats to human health ar the envirann~ent. 8.10 The costs far cleanup of glass ~ nonhazardous industrial waste that maybe found at a municipal solid waste site must be funded from other sources, unless a waiver from this restriction is granted by the TAE to deal with immediate threats to human health or the environment. The cleanup of Class ~ and 3 nonha~ardaus industrial waste that rriay be found at a municipal solid waste site may be funded in conjunction with the cleanup of the municipal solid waste found at a sate, $.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 TAC chapter 330, TCEQ's 1V~V~ Rules, and 30 TAB chapter 3~~, TCE's Risk ReductionRules, trust be complied r~ith as part of any activities funded under this Agreement. 8, l~ All materials cleaned up using funds provided under this Agreement must be properly disposed of ar otherwise properly managed in accordance with all applicable laws and regulations, Ta the extent feasible, it is recammendedthat materialsremoved from a site be reused or recycled. Far projects to clean up large amounts of materials, the PERF~RMINC PARTY should consider withholding at least ten ~ 10°Io} percent afthe reimburs~nents under a subgrant or subcontract, until documentation is provided that the cleanup work has been completed and the materials properly managed. Source Reduction and Res clip Coastal Bend Council of ~avernments 5.13 Any prograrrt ar pro j ect funded under this Agreementv~ith the intent afdemonstratin~ the use ofpraducts made from recycled andlor reused materials shall have as its primary purpose the education and training of residents, governmental officials, private entities, and others to encourage a market far using these materials, Local valid waste Management Plans 8,14 All local solid waste management plans funded under this Agreement must be consistent with the PERF~Rf NG PARTY's regional solid waste management plan, and prepared in accordance with ~ D TAB Subchapter chapter 330, TCE~ Rules, and the ~antent and Format guidelines provided by the TCI~. x,15 In selectinga local svIid waste managernentplan project for funding, the PERF~RMIN PARTY shall ensure that at least one year is available for the completion and adoption of the local plan. S. l G Local solid waste managementplans may not be considered for funding by the PERF~RMII~[C PARTY until the PERFORMING PARTY's regional solid waste rrranaget~nt plan has been amended. Giti~ens' allection tatians "mall" Re istered Transfer stations and ~omn~uni allection Events ] 7 The design and canstructionofcitizens'collection stations, as thane facilitiesare defined under 30 TAB chapter 330, TES Rules, maybe funded. The costs associated with operating a citizens' collection station once it is corrtpleted may not be funded. S ~ 18 The design and construction of small rrzunicipal solid waste and Liquid waste transfer stations that qualify for registratianunder §33~.4~d} ar §33D.4~r}, TAE Rules, maybe funded ~therpermitted ar registered transfer stations tray not be funded, A municipal solid waste transfer facility may be eligible for a registration rf ~t serves a municipalttywith a population of less than 50,a00, ar a county with a population of less than 5,00, or is used in the transfer of 1 ~5 tans or Iess of municipal solid waste per day. A liquid waste transfer station may qualify for a registration if it will recei~re less than 3,000 gallonsrdess per day. The costs associated with operating a transfer station once it is completed may not be funded. 8,19 Periodic community collection events, to provide far collection and proper disposal of nar~recyclable residential waste materials for which there is not a readily~available collection alternative rriay be funded, This type of project tnay not include regular solid waste collection activities, such a weekly waste collection. Funded collection e~rents may be held ria mare frequently than four times per year, and must only beintended to pravideresidents anopportunity todispose ofhard-to,collect materials, such a large and bulky items that are nvt picked up under the regular collection system, and might otherwise be illegally dumped by resident. Household Hazardous haste Maria ement 8,~0 All household hazardous waste collection, recycling, andlar disposal activities must be coordinatedwith the T~E's HHw program staff, and all applicable laws, regulations, guidelines, and reporting requirements must be followed. 8.Z 1 All Texas country cleanup events must be coordinated with the T~E~'s Texas vuntry 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 trust be consistent with the PERFORI4<IN PARTY's regional sand waste management plan, and prepared in accordance with guidelines provided by the Coastal Bend council of avernments 1 C~~. Educational and Training Projects S.Z3 Educational and training programs and projects funded under this Agreement must be primarily related to the managementafmunicipal solid waste, and funds applied to a broader education program may only be used far those portions of the program pertaining to municipal solid waste Dth~r T es of Projects 5.~4 Yf the TCE authorises the PERFORINg PARTY to fund additional types of projects, under the process set forth in Section 1.2.9., Program Conditions, ofthis Agreement, the authorisation incorporated into this Agreement may include additional standards and restrictionsthat shall apply to use of funds for that pro j ect or type of project. Article 9 Supplemental Funding Standards general Standards l , The provisions of the Uniform Grant Management Standards ~Ug} issued by the off ice of the governor apply to the use of these funds, as well as the supplement financial administration guidance established by the TCE~ to be applied under all contracts' ~4~~owa~~e ~x~e~di~~r~ uidedine~ Recipients of funds under this Agreement including the PERF~RMII~[g PARTY, subgrant recipients, and subcontractors shall comply with all applicable state and local laws and regulations pertaining to the use of state funds, including laws concerning the procurement of goods and services and competitive purchasing requirements. 9.3, Funds may not be provided through a subgrant ar subcantractto any public or private entity that is barred from participating in state contracts by the Texas general Set~ices Commission, under the provisions of X21 ~ S.a77, government Cade, and I TAC § 1 13 ~0~, gC Regulations. 9.4. Public and private entities sub jest to payment of state solid waste disposal fees and whale payments are in arrears may not receive funds under this agreerraent through either a subgrant or sub~ntract. 9.5. In accordancewith §3b l .014{b}, Texas health and Safety Code, and 3~ TAC ~330.5b9{d~, TCE~ Rules, a project ar service funded under this Agreement must promote cooperation between public and private entities and rrtay nat be otherwise readily available or create a competitive advantage over a private industry that provides recyclingor solid waste services, Under this definition, the term private industry included non-profit and not~for-profit nongovernmental entities. 9.b. All equipment and facilitiespurchased ar canstructedwith funds provided under this Agreement shall be used for the purposes intended in the funding agreement. 9,71 A pro jest or service funded under this Agreementmust be consistentwith the PERF~RIVI~Ng 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. 9,9. Funds may not be used to supplant existing funds. In particular, staff positions where the assigned functions will remain the same and that were active at the time ofthe funding application or proposal, and were Coastal Band Council ofgavernments ~i„~~ funded from a source atlaer that a previous solid waste grant, may not be faded. 9.10. Funds may not be used far food or entertainmentexpenses, include refreshmentsat meetings and other functions. This provision does not apply to authorized employee per diem expenses far food costs incurred while on travel status, 9 f 11. Funds nay not be used far payment of salaries to any employeewho uses alcoholic beverages on active duty Funds may not beused for the purchase ofalcaholic beverages, including travel expenses reimbursed with these funds. 9,12, Funds may not be used for emplayrnentor other rise contracts far services of a lobbyist or for dues to an organization which employs or otherwise contracts far the services of a lobbyist. 9.13. Funds may only be used far projects or programs for managing municipal solid waste. 9,1~. Except as may be speci~callyauthorized in this Article or elsewhere in this Agreement, funds may not be used for projects or facilities that require a permit from the T~EQ andlor that are located within the boundaries of a permitted facility, including landfills, wastewater treatment plants, or other facilities. This restriction may be waived by the TE, at its discretion for recycling and other eligible activities that will take place within the boundaries of a permitted facility, The applicantandlor the PIJRFORl4[~N PARTY must request a prelitninarydeterminatianfrom the TE as to the eligibilityof the projectprior to the project being considered for funding by the PEIiF~RMIN PARTY, 9,1 Projects or facilities requiring a registration from the TE, and which are otherwise eligible for funding, must have received the registration before the project funding is awarded, 9.1 . Except as may be specificallyautharized in this Article or elsewhere in this Agreerr~ent, funds may not beused for activities related to the collection or disposal of municipal solid waste, This restriction includes: solid waste collection and transpartatton to a disposal facility; waste combustion incineration or v~aste-ta- energy}; processing for reducingthe volume of solid waste which is to be disposed of; landfills and landfill related facilities, equipment, or activities, including closure and post~closure care afa permitted landfill unit; or other activities and facilities associated with the disposal of munii~al solid waste. 9.1 Funds may nvt be used to assist an entity or individual to comply witlan existing or pending federal, state, or local judgement or enfarcementaction. This restriction includes assistance to an entity to comply with an artier to clean up andlor remediate problems at an illegal dump site. I~owever, the TE may waive this restrictions,atiu discretionand on alimited case,by-case basis, to address immediatethreatsto human health or the environment, and where it is demonstrated that the responsible party does not have the resources to comply with the order. 9.18. Funds may not be used to pay penalties unposed on an entity for vialativn of federal, state, or local laws and regulations. This restriction includes expenses for conducting a supplemental environmental project {CEP} under a federal or state order or penalty. Funds maybe used in conjunction with CEP funds to support the same project. Article 1 ~ Funds in the M~VDTRF ~a} It is the understanding of the parties that the source of the funds provided by the ~ is the unle~pal al1d V~aste ~]~sposal and Transportation Revenue Fee ~DTRF}, ~]ue 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 1~TRF mill be depleted prior to completion ofthis Agreement. The parties agree that all funding arranged under this Agreement is subject to sufficient funds in the ~i'~TRF. The L~~~~NTRAT~R sha11 place this native in all subgrants and subcontracts. aastal Bend nuncil of governments ~ ~ Article 11 ~nf lict of Inter~~t The []flCONTRA~T~R shall notify the ~ immediately upon discovery of any potential or actual conflict of interest. The ~[JB~NTRAT~R agrees that the ~~C~ andlor the TE have sole discretion to determine whether a conflict exists and that the andlor the T~~ may terminate the Agreement at any time, on the grounds of actual or apparent conflict o interest, a~ notice ~~'n~z~Ir'c~ of ~~~~~~s~; The ~JB~NTRAT~R sha11 notify the ~Cr in writing ar any actual, apparent, or potential conflict of interest regarding any individual performing or having access to Information regarding the work, As applicable, the notification shall include bath organizational can~licts ur interest and personal conflicts of interest. Any individual with a personal conflict of interest shall be disqualified from taking part in any way in the performance of any work that created the canf lict of interest. Article l2 Authorized Representatives ~a} The CQ hereby designates the person inExhibit B-1, Prod ect Representative, as the Indlvldual authorized to give direction to the UB~ONTRAT~R for the purposes afthis contract. The ~ Project Representative shall not be deemed to have authority to bind the ~ in contract unless the Executive Director of the ~ has delegated such authority, Immediately upon receiving the Purchase Drder or Native ofAward, the DEONTRAT~R shall identify, as its Project Representative, the person authorized to receive direction from the to manage the work being performed, and to act on behalf on the UB~DNTRAT~R. The UEONTRA~T~R' Pra j ect Representative shall be deemed to have authority to bind the ~JB~NTRAT~R in contract unless the UB~NTRAT~R, in writing, specifically l~m~ts or denies such authority to the [~EONTRATDR' Project Representative, ~c} Either party rr~ay change its Project Representatlve. In addition, the Project Representative of either party may further delegate his ar her authority as necessary, including any delegation of authority to a new Project Representative The party making the change in Pra~ect Representative shall provide written notice of the change to the other party. ~d} The ~JB~DNTRAT~R shall ensure that it's Project Representative, orhis orher delegate, is available at all times for consultation with the CDC. aastal Bend council of avernments _ ~ ~ i Exhibit ~ The ~ designates the individual named belov~ as the Project Representative for ~G: Name: Rebecca 1Vlartinez, ~nviranmental oordinatar Address: aastal Bend council of Governments P,~, Bax 99a9 corpus Christi, T 749 TEL: ~3~1 } X83-573 FAQ; 1 } 8~3-5749 The [JB~~NTRATOR designates the individual named below as the UB~NTRAT~R~s Project Representative. The UB~NTRAT~R's Project Representative is the person authorised to receive direction from the to manage the mark being perfarmd, and to act on 6eha~f of the UB~ONTRA~T~~ Name: Paul Bass Address: PO Boy 977 carpus Christ, Texas 7549 T~~,: 3~ 1-5~~- ~ ~S FAQ: 3~ 1-5~~- ~ 971 ~oasta~ Bend Council ofGovernmer~ts xhX~lt ~ oasta~ Bead ~r~nci~ of overnme~ats solid waste rent Interlocal Agreement work Program of UB~ONTRAT~~ Exhibit foal; foal 1; Ensure the proper snanagesnent and disposal of municipal solid waste. l ,Z Local Enforcement, and litter and illegal dumping cleanup-Support local efforts to identify areas with litter and illegal disposal problems, irrsplement enforcement and other programs to addre~ those problems, and promote the management and cleanup of litter and illegal dumpsites. Objective l; Education Materials Task l a: Purchase educational rrsaterials. Objective 2: Report the progress of the work program task and measure of program effectiveness, Task 2a: Turn in Summary Deports {Form FT-~ 1 } to identify progress oftheproject inthre-month intervals, Time Frame: Summary Report due June 1 20aS Ito report on March, April, May}and September 15, 2DOS eta report on June, July, August}, Task 2b; Tura i~ Results Repasts ~Forrn PT-R1} to identify specific results being accomplished by the implementation of your pra~ect. Time Frame: Results Report due June 15, 2Da8 Ito report an March, April, May} and September l BOOS Ito report on June, July, August). Task ~c: Turn in Financial StatuslReibursement Requests Form PT-F1, PT~F2, and supplemental documentation as identif ies in the Special Contract Provisions Attachment B} sectaan, Article 3{b~ S, located ors page B-2. Time Frame: Financial Status ReportlReimbursement Requests due June 1 S, 2D08 {to report an March, April, 1Viay} and September 15, ~4~8 Ito report on June, July, August}, Coastal Bend ~uuncil ofGavernments E~hl~llt o~t~~ fiend ~oun~il af~~ver~ments ~~id ante grant Ynter~ocaY Agreerne~t Schedule ofDelivera~l~s from ~JB~~NTRAI~T~R ~~[~ll~lt Ta~l~ Tirrie Frame I~eli~erable Task 1: Purchase educational materials Submit photographic 81~ ] 12008 documentation ofeducational materials. Task 2a: Summary Re ort June 15, 2008 and PT- Forms ~ September ~ 5, 2008 Task 2b; Results Re ort June 15, 2008 and PT-R Forms ~ September 1 20aS Task 2c. Financial Status Re ortlReimburserr~ent Re oast June 15, X008 and PT-F 1, PT-F2, and p ~ September 15, 2005 supplemental documentation Coastal Bend Council afarrernrnents ~~h~~it ~ Coastal Bend Council of overn~aents Solid waste grant Interlocal Agreement ubeontractvr Budget and Authoatians ~~hibit E Description Cost up~~ies-E~u~ational Nlater~als ~,~0~~~~ ~ ~,ODO.o~ TOTAL Coastal Bend Council of ~overnr~ents ~~l~llt ~