Loading...
HomeMy WebLinkAboutC2009-267 - 7/28/2009 - ApprovedCOASTAL BEND COUNCIL OF GOVERNMENTS SOLID WASTE GRANT INTERL4CAL AGREEMENT Misc. Education . ` 09-24-G09 The Coastal Bend Council of Governments (COG) has received a grant through a contract wi e Texas Commission on Environmental Quality, which authorizes COG to redistribute solid waste fees to support local and regional solid waste projects that are consistent with the regional solid waste management plan. This interlocal agreement is a subcontract of the COG's contract with the TCEQ. Funds for this agreement come from Solid Waste Disposal and Transportation Fees. The CSC and the SUBCONTRACTQR certify that the have authori to erfarn~ th ' ~ ty p ~ services contracted for by autho~~ty granted in The Interlocal Cooperation Act," Texas Government Ca de, Chapter 791. Thls ~nterlocal Agreement is entered Into by and between the artier named below. Neither T p C~~ nor the State of Texas ~s a party to this Contract, I. ~~1~TRACTINI~ ~ARTIE: Tl~e Council of overnn~ents; oastai Bend council of avernment~ The S~7BCNTICT~R: pity of Corpus Christi II. UNTI~4I~T ADIVIINYSTRA'~II~ P~O~~SII~NS; See "Attachment A -General Contract Provision's & "Attachment B - ecial Contract ~r Provls~ons III, E~~IE TO BE ~ERF~RI~I~D; See "Attachment C , orl~ Program ofSUBCGNTRACT~R'~ "Attachment D - Schedule of Deliverables from S~JBCDNTRACT~~" I~, B[JDET AID ~AYIV~~~T ~R~EI)~RE: See "Attachment E - SUBCDNT~ACTOR Budget and Authorizations" U~JN~II~ ~1' ~1E11 ~1~~ 1 Coastal Bend Council of Governments Buckner Executive Director ~y ~41"~fDR~~~D ~~ ~ IBC f ~ ,~ $ r c /~ ,~ar~ ^ +~r~ UBC~~TRACT~R 5~~~~T~l' ~. C1 of Corpus Christi awrence ikolaj czyk Acting Director, Streets and solid waste Date ~ p~ Date: ~~~~~~~~ Res. ~2824~ 071~~109 Coastal Beni Council ofGovcruments CB Council of Govs. (COG) as to tir etn rs. hunarey ' ant City Attom~Y For City Attamey ~ ~9 oa~tal Bend Council of avernments olld waste Grant ~nterlocal A~reernent Table of Contents A~ General pant Articlc I Article ~ Article 3 Article 4 Articlc 5 Article ~ Article ? Article 8 raft Pro~risian~ legal Autharity scope of er~rice Purpose Ell~bie Appllcantsl~.eclplent~ Responsibility of the ubcontractar Licenses, Permits and laves Unlfarm Grant and Contract Management Act Releasc of Claims Article ~ Insurance and I~lablllty Art1C1~ ~ a ACCaunting ~~tCnl Artlclc ~ ~ AudltlAccess t4 Records Article 12 Independent Financial Audit Article 1 Changes Article 14 Tcrminatian Article 1 e~erability Article 1 ~ Intellectual Property Article ~ ~ F~qual ~ppartunlty and Afflrrnat~~e Actlan Art1C1C 1 ~ ADA Requirements Article ~ ~ [Jtiliz~atian of small, tnarity, and Women's Business Entcrprises Artlclc ~a Energy Efficiency Standards Article ~ 1 Ac1~noIedgment of Financial Support Article ~~ Data and Publlclt~ Article ~~ I~Ia~ard~u substances, haste I~lspasal, and I1~anlfests Article ~~ Statues Relating to Nondiscrin~inatian Article 2 ~ oral and V~ritten Areemcnts Article ~ Safety and Protection Article ~~ Force Mai cure Article 2S Entire Contract B, Special Contract Pra~isians Article 1 Period of Performance Article ~ Scope of Services Article 3 Gblrgat1ons Article ~ Ieparting Requirements Article ~ I1~anltaring Requirements Axtlcle ~ Title to and Management of Real Property and ~i~ulpment Article 7 Compliance v~ith Applicable Lames Article S Types and Standards of Solid haste Implementation Proj ects Article 9 Supplemental Funding Standards Article 1 a Funds in the MSDTRF Article 1 I Conflict of Interest Article 1 ~ Authari~ed Representatives ~aastal Bend ~QUncil of ~o~rernments ~ V~orl~ Program of UB~N~`RA~`~1~ ~, che~ule of ~eli~rera~le from ~IB~]~TRAT~I ~. CJ~~NT~AT~R BU~get ~~ ~L1~~gr1T,~~lOflS Caastal Bend ~auncil of Cavernments coastal Bend ~ouucil of overaments Solid waste grant In~erlocal Agreement general contract Pravlsians Attachment A Article 1 Legal Authority The SU~GNTRA~TG~ and EGG shall conduct the activities funded under this agreement in accordance with all provisions of this agreement, including all applicable state and local Iaws, rules, regulations, and guidelines. The male governing standards include, but may not be limited to the following: { ~ } ~ ~ l +~ i ~, TES. HEALTH ~ SAFETY o~E; {~} ~ 30. ~~ of the TES Munlc~pal Sold waste ~egulat~ons {3 ~ TAB chapter 3 ~~}; and {3} The Uniform Grant and contract Management Act, TES. GOVT ~G~E, 7S3.oo 1 et~ seq~, and the [~nif or grant and contract Management standards, 1 Texas Adrnintstrative bode ETA},x,141 et. seq. {collectively, ~UGMA}, Article ~ Scope of services The services to be performed by the SUBCO~VTA~TGR are outlined in the General contract Provisions {Attachment A}, Special contract Provlslons Attachment B}, Fork Program of SUB~GI~TRATQI~ {Attachment }, Schedule of ]deliverables from SUB~GTRATGR {Attachment ~}, SUEGNTRATG~ Budget and Authorizations {Attachment ~}, and any change Grders, which arc later incorporated into and made a part ofthis Agreement, as if set out word-for- wordthis contract Agreement}. Article 3 purpose {a} The purpose ofthis Agreement is to accorriplish the goals of ~~1.o14~b}, TES. HEALTH ADD SAFETY ODE, as they relate to distributing solid waste fee revenue funds to support local and regional solid waste pro jests consistent with the regional solid waste management plans approved by the TAE and to update and maintain those plans. fib} Under the overall goals ofthe funding program established under 3~f ,o14{b}, TES. HEALTH Al~~ SAFETY GDE, the more specific purposes of this Agreement are: 1. To enable the EGG to carry out or conduct carious municipal solid waste management- related services and support act~vltles within the OG's regional ~ urisdiction; and ~ i To administer an efficient and effective, region~wide, pass-through ~subgrantce} assistance grants program andlor, where authorized by the GG in accordance with Article ~ ofthis Attachment, to conduct various EGG ~ managed projects. Costal Beni council ofGov~rnments ~_~ Article 4 eligible ApplicantslRecipients ~} eligible Pass-Through grant Recipients. 1. only thaw local and regional political subdivisions located within the State ofTe~as as listed below are eligible to receive funding from the ~ s a pass-through grant: ~i~ pities; iii} aunties; viii} Public schools and Schaal districts does not include universities or post secondary educational institutions}; ar~d Div} ether general and special law districts created in accordance with state law, and with the authority and responsibility for water quality protection ar municipal solid waste management, to include river authorities. (v) Council of Governments ~. Local and regional political subdivls~ons that are subs ect to the payment of state solid waste disposal fees and whose fee payments are in arrears as determined by the TE, are not eligible to receive pass-through grant funding from the SOC. The T~~ shall provide, on a quarterly basis, the ~Cr a list of entities far which fee payments are in arrears, The ~~ shall allow a patentialpass-through grant applicant that is listed as being in arrears in its fee payments the opportunity to provide documentation afpayment ofthe fees awed the state. If the potential applicant provides the ~ with documentation of payment of the fees, such as a canceled check ar receipt from the state, the ~C may consider that applicant to be eligible to receive pass-through grant funding under this agreement. The CMG shall notify the TC)~ of any applicants far which a determination of eligibility was made under this ubsectian with the list of pia j cots to be provided under the requirements set forth in Article 7.7~~ of TE contract No,82-4-X5529. Article 5 Responsibility of the subcontractor ~a} The SU1~~NTRAT~R shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all services and other work furnished by the S~JBNTRAT~R under this Agreerrlent, asset forth in Attachment of this Agreerrient~ fib} The ~]B~~NTRAT~R shall perform such services as may be necessary to accomplish the work required to be performed under this Agreement, in accordance with the ~ and contractual requirements and any and all applicable law, ~c} The CMG may require the BONTRA~T~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 UBCNTRAT~R sha11 make the required corrections or revisions Without additional cost to the ~~. ~} Neither the ~~'s review, approval or acceptance af, nor payment far any ofthe services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action Coastal Bend Council of Governments ~_~ arising out ofthe performance ofthis Agreement; and the CJB~NTRA~T~R shall be, and remain, liable in accordance with applicable law far all damages to the ~ including reasonable attorneys' fees and court costs caused by the U~~NTRAT~'s negligent performance of any of the services furnished under this Agreement. fie} The obligations of the U~~NTRAT~~t under this Article are in addition to the UB~NTRA~T~I's other express ar irriplied assurances under this Agreement or applicable law. ~f~ All contractual expenditures using funds provided under this Agreement shall meet all procurement laws and regulations applicable to the UB~NTRA~T~R and their subcontractors and the Uniform grant and contract Management Act and the Uniform grant anagerr~ent taridards. Nate that competitive bidding gill generally be required {g~ The UBONT~AT~R shall be responsible for the management and fiscal monitoring ofall of their subcontractors and ubgrantees. The UB~NTRATQ1~ shall rrionitor its subcontractors and subgrantees as necessary to ensure that their subcontractors and subgrantees are operating consistently with applicable laws and regulations, applicable contracting policies, and this Agreement. The UB~NTRAT~R shall ensure that their subcontractors and subgrantees comply with all record keeping and access requirements set Earth in this Agreement. The ~~C reserves the right to perform an independent audit ofa11 UB~NTRATO~~ subcontractors and subgrantees. The UB~NTRAT~R, UB~~NTRAT~R subcontractors and UB~ONTRAT~RS subgrantees shall maintain detailed records. At~icle ~ Licenses, Permits and Laws The U~~NTRA~T~R shall, except as otherwise provided in this Agreement, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, Mate, and municipal laws, codes, ordinances, and regulations, in connection with the work required by this Agreement. Article 7 Uniform grant and antract Management Act The provisions of the Uniform Grant and contract Management Act ~"UC~~MA"} apply to this Agreement to the extent required by law. Article S release of ~lairrrs Upon satisfactory completion ofthe work performed hereunder and prior to final payment under this Agreement for such work, or prior to settlement upon termination of this Agreement and as a condition to final payn~entlsettlement, the UB~NTRAT~~ shall execute and deliver to the 0 a release of all claims against the ~~ arising under or by virtue of this Agreement, Article 9 insurance and L~abllity UB~NTRACT~R shall maintain insurance coverage for work performed or services rendered under this contract as specified in the special Provisions. U~~NTRAT~ understands and agrees that it shall be liable to repay and shall repay upon demand to 0 any an~aunts determined by C~, its independent auditors, or any agency of state or federal governments to have been paid in violation of the terms of this Agreement, Coastal Bend council of Governments ~„ Artlcle ~ a AcCOUnt~n Systems The SUB~NTRA~T~R shall here an accounting system Which accounts far casts in accordance With generally accepted accounting standards ar principles and corr~plies With applicable State laW, regulations, and policies relating to accounting standards or principles, The SUB~NTRAT~R rriust account for casts in a manner consistent With such standards or principles. Article 1 ~ AuditlAccess to Records {a~ The SUB~NTRATOR shall maintain and make mailable far review, inspection andlor audit banks, 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 S~]B~NTRAT~R's off ce. The SUB~~NTRAT~R shall also maintain and rriake available at its Texas off ice the financial information and data used by the SUI~~NTRATOR or its designee {including independent financial auditors} in the prepaxatian ar support of any cost submission or cost {direct and indirect}, price ar prof ~t analysis for this Agreement or any negotiated subareement or change order and a copy ofthe cost summary submitted to ~OC~. The ~~, Texas State Auditor's ~ffce, ar any of CMG's duly authorized representatives, shall have access to such books, records, documents, and other evidence for the purpose of review, inspection andlar audit, During the conduct of any such review, audit or inspection, SUBCNTRACT~R's banks, records, and other pertinent documents may, upon prior conference With the SUBC~NTRACT~R, be copied by the C~ ar any of its duly authorized representativesi All such information shall be handled by the parties to accordance With gaol business ethics. The SUBCONTRACTOR shall provide proper facilities Within the State of Texas for such access and inspection, {b} Audits conducted under this provision shall be carried nut in accordance With State law, regulations and policy, and generally accepted auditing standards and established procedures and guidelines of the reviewing ar audit agency{les}, ~c} The SUBCONTRACTOR agrees to the disclosure of all Information and reports resulting from access to records pursuant to Section ~a} of this Article to COG. Where the audit concerns the SCJBCONTRACTOR, the auditing agency Will afford the SUBCCNTRATOR an opportunity far an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. {d} Records under Section {a} of this Article shall be maintained and made available during the entire period of performance of this Agreement and until three {3}years from date of f nal COG payrr~ent for the project. lr~ addition, thane records which relate to any dispute, litigation, or the settlement 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 of such action and resolution of all issues Which arise from it, or until the end ofthe 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 shall have access to records at any reasonable time far as long as the records are maintained, Coastal fiend Council of Governments ~_~ {~ The right to audit and access to records Article applies to financial records pertaining to all subagreernents and all subagreement change orders and amendments. In addition, this right afaccess applies to all records pertaining to all subagreen~ents, subagreement change orders and subagreement amendments to the extent the records reasonably pet~tain to subagreement performance; if there is any indication that fraud, grass abuse or corrupt practices may be involved; ar if the subagreement i terminated far default or far convenience. fig} The ~ reserves the right to require the reimbursement afanyaver-payments determined a a result of any auditor inspection of records kept by the [JB~~NTRAT~R on work performed under this Agreement. {h} The UB~NTRAT~R shall include sections {a} through {g} of this Article in all subagreements acid all change orders directly related to pia j ect performance. Article 12 Independent Financial Audit The UB~I~TRATOR shall adhere to the dingle Audit requirements of the U~MA. The ~JB~~I~TRATOR shall deliver to the ~G each audit report within thirty {30} days of completion of the audit report. The ~]B~NTRAT~R is responsible far including the dingle Audit requirements in all subagreernents and shall be responsible for insuring adherence to those requirements by all subgrantees acid subcontractors. Article 13 changes {a} A aj or change will include one or more of the following; { 1 } an increase or decrease in the amount of corripensatian to the U~ DNTRA~T~R; {~} 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 I]irector or the Arai ct Representative afthe ~~~. {h} Implementation of a Major change must be preceded by a formal written amendment to the Agreement. The amendment must contain a description of the proposed change. The amendment must be signed by persons uthari~ed to bind each party in contract. Any amendment that will exceed the contractual authority of the Executive Director of the ~ also requires the consent, at Agenda, afamajarity afthe B~Cr Croverning hoard, {c} Any proposed chaxige that is not a Maj or change may qualify as a Minar change. in addition, a delay ar change in the work resulting from inclement weather will he treated as a Minor change. A Minar change sha11 require the written agreement of bath Ara j ect ~epresentti~cs, but does not require a formal amendment to the contract. A copy of the authorization must be retained in the appropriate file of both the UBONTRATOR and the DG. {d} zfthe ~JB~NTRAT~R requests a Minor change and the Project Representative ofthe ~ does not approve the request as a Minor harige, then the change shall be deemed a Maj or change Caa~tal Bead Council ~fGovrtrrr~ents ~_ and the UB~~NTRACT~R may only obtain authorization to proceed in accordance with section fib} of this Article. fie} Ifthe UB~NTI~A~T~R makes any changes in personnel whose salaries are funded by this grant, UB~~iT1~AT~I must glue BOG prior nat~fication and obtain prior approval firon~ ~. { Any alterations, additions, ar deletions to the terms of this contract which are required by changes in Federal law or regulations axe automatically incorporated into this Agreerr~ent without written amendment hereto, and shall becorrie effective on the date designated by such law ar regulation, prodded if the UB~NTRA~T~R may not legally comply with such change, UB~NT~A~T~R i~ay terminate Its participation herein as authorized by Article 1 ~~ {g} BOG may, from time to time, require changes in the scope of the services of the UB~~NTRA~T~R to be performed under this Agreement. Such changes that are mutually agreed upon by and between ~ and the UB~NT~ATOR in writing shall be incorporated into this Agreerrrent. Article 14 Termination {a} This Agreement terminates upon fu11 performance of all requirements contained herein, unless extended in writing. {b} This Agreement rr~ay 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 on the part afthe UB~~ITRAT~R to comply with the conditions set Earth in the agreement shall be the basis far termination ofthe agreement andlor the revocation of any unexpended or inappropriately expended funds. Provided that na such termination nay be effected unless the other party is given: { 1 } not less than ten ~ 1 ~} days written native delivered by certif ied rr~ail, return receipt requested} of intent to terminate; and ~2} an opportunity for consultation with the terminating party prior to termination. {c} This Agreement may be terminated in whole or in part in writing by the ~~ for its convenience; Provided that the U~~NTRAT~R is given nat less than ten { 1 ~} days written notice {delivered by certified mail, return receipt requested of intent to terminates {d} ~ftermination far default under section {b} ofthis Article ar termination far convenience under section ~c} afthis Article is effected by the ~~, any payment due the UBOI~TRA~TOI~ at the time of tern~inatian may be adjusted to the extent of any additional costs occasioned to the ~ by reason of the UB~NTRA~T~'s default. The equitable adjustment for any termination shall provide for payment to the U~~I~TRAT~~ far services rendered and expenses incurred prior to the termination, in addition to termination settlement casts reasonably incurred by the UB~ONTRATOR 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 UB~NTRAT~R shall: Coastal Bend Caunc~l of Governments _~ ~ i } promptly discontinue all services affected sunless the notice directs otherwise}; and ~2} deliver ar otherwise rrrake available to the ~DCr all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the ~UBONTRATDR in performing this Agreement, whether corrrpleted ar in the process, ~~} span termination under ectians fib} and ~c} ofthis Article, the HOC, may take aver the work and prosecute the same to carnpletion by agreement with another party or otherwise, fig} If, after termination far failure of the U~~I~TRAT~R to fulfill contractual obligations, it is determined that the ~B~NTRAT~R had not sa failed, the termination shall be deemed to have been effected for the convenience afthe ~~, In such event, adjustment ofthe price provided far in this Agreement shall be made as prodded in ectian ~d} of this Article. ~h} If any delay or failure of performance is caused by a FDRP~ AJPIUI event as described in the Article 27 of this Appendix, the 0~ nay in its sole discretion terminate this Agreement in whale or part under this Article. Article 1 ~ everability Ail 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 Agreerrient, which sha11 contlnue 1n full farce and effect. Article 16 Intellectual Property {a} Por the purpose of this 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 copyrightble materials, and 3}any other materials in which intellectual property rights nay be obtained. ~b}Royalties and Patent Fees, The ~~JB~I~TRAT~R shall pay all license fees and royalties and assume all costs incident to the use or possession in the performance of the work ar the incorporation in the work of any Intellectual Property. ~c~ Disclosure ofIntellectual Property Produced during the work. The ~U~~NTRAT~R shall promptly notify the Or of all Intellectual Property which the ~JB~NTRATDR}including its employees, subcontractors, or subcontractors employees may produce, either solely ar j ointly with others, during the course afthis work, In addition, the UBCDI~TRATDR sha11 promptly notify the CDC of all Intellectual Property to which the ~J~~NTRA~T~R nay acquire rights in connection with the performance of the work. Any notification under this paragraph shall contain sufficient technical devil to convey a clear understanding of the Intellectual Property, and shall identify any publlcatlon, sale, public use, or impending publication, Promptly upon request, the [~BDNTRAT~R shall supply such add1tianal rnformatian as the ~ may request ~d} In performing work render this Agreement, the [~B~DNTRATDR shall comply with all laws, rules, and regulations relating to intellectual property, and shall not infringe on any third-party's Intellectual Property rights. UBDI~TRA~T~R further represents and warrants to ~G that in the Coastal Bend Council of ~overnm~nts ~_~ course of performing the wark it will not use or possess any Intellectual Property awned by third party without paying any required royalty or patent fees. SUB~DNTRACTDR warrants that it has full title in and ownership of the Intellectual Property and any enhancements, updates ar other modifications, or that it has full paver and authority to grant all licenses granted herein, and that such license use by the DC~ will in no way constitute an infringement ar other violation of any Intellectual Property right of any third party. The SU~ONTRAT~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, ar sublicense, products that are licensed or provided hereunder to the DG by the SU~~NTRATDR. Except as permitted in the Agreement, SU~ONTRATQR 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 or provided hereunder to ~D for which title has not yet passed to Or, without the prior written consent of ~. SUBDNTR.ATDR represents and warrants to 0 that neither it nor any other company or individual performing the work is under any obligation to assign or give to any third party any Intellectual Property rights granted or assigned to ~, or reserved by ~~, pursuant to the Agreement It shall hold the ~ harmless for, and to the extent permitted by the laws and constitution of the state of Texas, defend, and indemnify the 0 against, any claims for infringement related to its work under this Agreement, fie} grant and License. kith respect to such Intellectual Property as is ~i} incorporated in the wark {other than Intellectual Property for which CDC already possesses equal or greater Intellectual Property Rights by virtue ofthis Agreement or otherwise}, iii} produced by SUBDNTRATDR or SU~DNTRATDI~S employees, subcontractors, or subcantractor~s employees during the course ofperforming the work, or ~III~ specifically ~dentlfied In the Supplemental ondlt~ons as Intellectual Property to which Intellectual Property Rights are granted pursuant to this paragraph, S[J1~DNTRAT~R hereby grants to D~ ~l} a nonexclusive, perpetual, irrevocable, enterprise wide license to reproduce, publish, or otherwise use such Intellectual Property and associated use documentation, and iii} a nonexclusive, perpetual, irrevocable,enterprise-wide license to authorise others to reproduce, publish, or otherwise use such Intellectual Property far ~D~rs purposes. 111Iodlflcatlon; Derivative works, ~ shall have the right, in its awn discretion, to independently modify any Intellectual Property to which license is granted herein for ~~rOs awn purposes and use, through the services of its own employees or independent contractors, D shall own all Intellectual Property to such modifications. SUBDNTRA~TDR shall not incorporate any such rnadi~cations into its Intellectual Property far distribution to third parties unless it first obtains a license fromn D. fig} SUBDNTRATDR expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements under section 2157,a0~ ofthe Government bode, relating to accessibility by persons with visual impairments. Accordingly, the S[J~DNTRACT~R represents and warrants to DG that the technology provided to the ~ for purchase is capable, either by virtue of feature Included within the technology or because It Is readily adaptable by use with other technology, of ~ 1 } providing equivalent access far effective use by both visual and nonvisual means; {~} presenting 1rlf~rmatl0n, including promnpts used far lntel'~Ct1Ve cornrnunlCatlans, In formats intended far nonvisual use; and ~3~ being integrated into networks for obtaining, retrieving, and disseminating 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 ar make 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 Bend Council of Governments ~_ accomrriadation under the Americans with Disabilities Act or 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} UI~CD~VTRACTDR will include in all subcontracts a provision similar in effect to the fallowing year 2a0G warranty as set Earth in the Section. { 1 } S~JBCDNTRACT~R also warrants that, with respect to work performed under this Agreement, that all work is Year 2~aa Compliant when used in accordance with the applicable documentation, provided that all products used in combination with it {but not themselves included in or with or incorporated into the work} properly exchange date data with the wark, SUICDNTRACTDR warrants that the wark meets all applicable standards of the Texas Department of fnformatian Resources relating to the'Year 2~~ Compliance. In the event any wark performed under this Agreement is not Year ~aa Complaint, and the S[1BCDNTRACTDR 1s provided wrltten notice thereof, SUBCONTRACTDR shall at its sale expense immediately cause such wark to became Year 20~~ Compliant in a manner that will minirr~ize interruption to ongoing business processes, time being of the essence, {i} The SUBCCNTRACTDR shall include provisions to effectuate the purposes of this paragraph in all subcontracts and subgrants under this Agreement in the course ofwhich Intellectual Properky may be produced or acquired. Article 17 Equal Qpportunity ar~d Affirmative Action The SUBCONTRACTOR shall agree that in the performance of this Contract, it gill not discriminate against any employee or applicant because ofrace, religion, color, sex, age, ar national origin and it will comply with Executive Order ~ 124G, entitled "'Equal Employment Opportunity,"' a amended by Executive Drder 11 ?5, and as supplemented in Department ofLabar Regulations {Title 41 CSR Part ~a}. The SUBC~NTRACTR assures that na person will, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, ar be sub j ect to discrimination under any program ar activity funded in whole or part under this Contract, Article 1 g ADA Requirements The SUBCONTRACTOR sha11 comply with all applicable requirements of the Americans with Disabilities Act of 1 X90, 42 C~..C.121 a 1-12213. Article 1 ~ ~Jtilizatian of Small, Minority, and women"s Business Enterprises The UBCOI~TRACTOR agrees that qualified Historically ~Jnderutilized Businesses {AB's} sha11 have the rriaxirnu~n practicable opportunity to participate in the performance of this Agreement. Article a Energy Efficiency Standards The SUBCONTRACTOR shall fallow standards and policies on energy efficiency, which are contained in the Texas State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act {P.L. 94R1~3}. coastal Bend council ofovernments ~_ Article ~ 1 Acknowledgment of Financial Support The SUBONTRATOR shall acknowledge the financial support of the TCE and OOG whenever work funded, in whale or part, by this Agreement is publicized or reported in news media or publications, All reports and other documents completed as a part of this Agreement, other than documents prepared exclusively for internal use within the ~~~, shall carry the fallowing notation on the front cover or title page Example; ~~~P~4~~D I O~P4 7'I~~V ~Y~~'H THE T~X4S 'O~IM~S'S'~OI~ D ~IO~IT~4 ~L~~'~ T'he~~e~pa~a~ion o ~~Zis r~~or~~ w~~~ ~anc~ t~Zro~h ra~z~s from the ~5~a~~ of ~'e~as ~hrau~ ~~ texas o~n~zi~sion ors ~nviro~n~~n~a~ ~a~rty, Article ~~ Data and Publicity All data and other information developed under this Agreement shall be furnished to the ~OCr 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, GOVT BODE X52, Upon termination of this Agreement, all copies ofdata and information shall be furnished, at no charge to the Or, upon request, to include data bases prepared using funds provided under this Agreement, and become the property of the BOG. Except as otherwise provided by the Agreement or the Act, the UBONTI~ATOI~ shall not provide data generated or otherwise obtained in the performance of its responsibilities under this Agreement to an~r party other that the COG, State of Texas, and its authorized agents. Article ~3 Hazardous Substances, haste Disposal, and ll~anifests The SUBCONT~ATOR and their subcontractors and subgrantees must comply with all applicable Laws and l~eulatians, including but not limited to thane relating to hazardous substances, waste disposal, and manifests. Article ~4 Statues ~elating to ~ond~cr~rrilnatlon The SUBOONTRAOTOR shall comply with all applicable state and federal statues relating to nandlscrin~~natlon which lnclude, but are not limited to, those listed in the Uniform grant Management Standards, Article 25 Oral and written Agreements All oral or written agreements between the parties hereto relating to the subject matter of this Oontract which were developed and executed prior to the execution o this contract have been reduced to writing and are contained in this Agreement. aastal Bead auncil of Governments ~_~~ Article ~ Safety and protection where applicable, the SUB~I~TRATOR shall be responsible far re~uirtng its subccntractar and subgrartees to rr~aintain and supervise ail necessary safety precaution and programs in connection with the work. The SU~OI~TRATOR shall take all necessary safety precautions. Article ~7 Farce Ma~eure Ta the extent that either party to this Agreement is wholly or partially prevented from the performance within the term specified afany obligation ar duty placed on such party by reason afar through decrees of or restraints by a government instrumentality, acts ofod except that rain, wind, flood or other natural phenomena norrr~ally expected far the locality shalt not be construed as an act of Cody, work stoppages due to lobar disputes ar strikes, fires, expla1ons, epidemics, rots, war, rebellion, and sabotage, in such event, the time far the performance of such obligation or duty shall be suspended until the dlsab1l~ty to perform is removed. Determination of force majeure shall rest solely with the ~~ No tirr~e extension shall be granted under this Article unless the party seeking reliefhas ratified the other in writing within a reasonable tirr~e after cornmencemert afthe evert, ofthe anticipated length and cause of delay, the measures ulcer ar to be taken to rninimi~e the delay, and the timetable by which the S[~B~CTATCR intends to implement these measures. The party seeking reliefshall also glue written notice afthe ending ofthe event within a reasonable time after the event has ended. Artlcle ~$ Entlre antract This Agreement, including Attachments A, ~, , ~, and E, represents the entire contract between the contracting parties and supersedes any and all prior contracts between the parties, whether written or oral. Coastal Bend Council of Governments ~-~ ~ aastal Bend ~ouncii of governments solid waste grant InterYoe~t~ Agreement special contract Provisions Attachment ~ Article 1 Period of Performance The period afperformance ofthi agreement begins on September 1, 2008 and ends on Au ust ~ Article 2 Scope of Services ~a} All parties agree that the ~7BCONTRACTO, in consideration afcompensatian described in this Attachment and SUBCONTRACTOR Budget and Authorizations Attachment E of this Agreernent~y shall provide the services with COCr as specifically described in the work Program of ~JBCONTRACTOI Attachment of this Agreement} and Schedule of Deliverables from [TBCONTR.A-CTOR Attachment D of this Agreement}. fib} The SUBCONTRACTOR agrees to irnplen~ent the Pra~ect according to the agreed upon budget shown in Attachment E of this agreement, Article COG Obligations (a) Measure of Liability In consideration of full and satisfactory performance hereunder, COG will be liable to SUBCONTRACTOR in an amount equal to the actual casts incurred by SUBCONTRACTOR in rendering such performance, subj ect to the following limitations: 1. COQ is not liable for expenditures made in violation of "General Provisions for Texas Con~misslcn on Envirarunental ~uallty~s Standards Applicable to Implementation Projects and Supplemental Funding Standards", a described in Articles 8 and of this Agreement, which outline prohibited activities as defined by the Texas Commission on Environmental ~ual~ty ~TCE~ r 2. COG is not liable for any costs incurred by SUBCONTRACTOR in the performance of this agreerr~ent, which have not been billed tc COG within thirty {30} days following termination of this agreement. 3. COG is not liable to SUBCONTRACTOR for costs incurred or performance rendered by SUBCONTRACTOR far costs Incurred by S~JBCONTRACTOR before commencement of this agreement or after termination of this agreen~ent~ 4, Except as specifically authorized by COG in writing, COCx is liable only for expenditures made in compliance with the cost principles and administrative requirements set Earth in Federal OMB Circular A-87. Coastal Bend Council of Governments ~_ ~ J~. All representatlans,lndemnlflcatlons, warrantles, and guarantees made 1n, requlred ~~ aZ given in accordance with the Agreement, as well as all continurn obligations indicated in the Agreement, will survive final payment, completion of the work and tern~inatian ar completion of the Agreement. (b) Method and Schedule of Payment l . Payments ~ Payments to pass-through grant recipients may be made only an a reimbursement basis. Upon review and approval of each financial report, will make payment to UB~~TRAT~R against ~~ liabilities to be accrued hereunder. ~~ C1~~~[TRATDR may account for expenses incurred and request reimbursement of outlays under either ~ cash or an accrual basisy as defined and authorized under the U~rA, To be eligible far reirrzbursement under this Agreerrient, a cast must have been incurred and either paid by the UB~NTRAT~R prior to claiming reimbursement from the DCr ar incurred by the last day ofthe time period indicated on a request for reimbursement farm and liquidated no later than ford-five X45} days aner the end of that tune period. ~. Financial reporting: The C~Cr shall provide financial status report forms and supplemental farms to be subrr~itted by []8~~1~TRAT~R at least quarterly andlor with each request for reirr~bursement to itemize expenditures by budget category. Allowable expenditures are set forth in Articles S and 9 of this Agreement. The C~C~ shall review all materials provided by the U~~1~TRAT~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, In general, expenditure documentation to be maintained by the UB~~TRATDR abut not necessarily submitted to the ~ with each Financial status Report} should be whatever is necessary to shave that the work was indeed perfarrned 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. ALARYIwAE Time sheets that have been signed and approved. b. TRAVEL Documentation, which, at a minimum, is consistent with state Travel Regulations. The purpose of the travel should be documented and supported with actual receipts for hotel accommodations, public transportation receipts, airline receipts, etc. c~ ~~UlP1VIENT Purchase orders, invoices, and canceled checks, dF SUPPLr~S Purchase orders cif issued}, invoices, receipts, and canceled checks, ~aastal Bend Council of ~avernments ~_~ e, UBC~NTRACT Capy ofsubCOntratt, plus doCUn~entation 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, C~NTR~JCTIQIV All applicable documentation required for Equipment, salary, supplies and ubcontrattars, g, ~TI~ER Purchase orders, invoices, receipts, and canceled checks. . All expenditures under the equipment, construction, or subcontract budget categories must be approved in advance by the ~. Further, far any "other" category expenses not specifically spelled out in this interlacal Contract, the contract shall require that the ~UBC~NTRACT~R obtain prior written approvat from ~ far that expense. 7, Travel Expenses. reimbursement oftravel expenses for out-off state travel, except where such travel ~s specifically authorized 1n writing by the CSC, ~s prohibited. Friar to authorising any out-of state travel by apass-through grant recipient, the CMG must obtain written approval from the TCE to provide such authorization. S. if requested by the C~Cx, the UBC~NTRACT~R agrees to provide to the CSC the additional expense retards and dacumentatian materials, as listed in ubsectian of this Article, and appropriate for the expense, far the tine period requested by the ~, except that the UBC~NTI~ACT~R will not be asked to submit retards that have already been provided to the CMG with a Financial Status Report, The will provide reasonable time far the SU~CONTRACT~R to comply with a request far additional records. If the ~ requests to review additional reoards to be provided by the [JBC~NT~ACT~R under the Ch's financial n~onitaring prograrri, the C~Cr will review those retards and provide the ~UBC~NTRACTR a written summary of the findings afthat review. The CMG will also allow the UBC~]~TI~ACT~R reasonable time to respond to any findings ofnoncampliance ar other problems identified by the records review. 9. The CMG shall not reimburse or otherwise make payment to UBC~NTRACT~R far an expenditure that is not authorized under this Agreement. If it is determined, by either the C~ ar the TCE that an expenditure that was reimbursed is not an authorized expense, the ~ shall request return and reimbursement of those funds from the grant recipient or, where appropriate, the application of those funds to other authorized expenses, and shall not provide any additional reimbursements to the pas~thraugh grant recipient until the funds are returned or axe applied to other authorized expenses. 1 a. The UBC~NTI~ACTORS contractual casts must comply with allowable casts requirements. SU~CO~TRACT~S which are goverriixiental entities must engage in contractor selection an a competitive basis in accordance with their established policies, If UBC~NTRACT~R has no competitive procurerrient policy ar is a private entity, UBC~]~TRACT~R must generally select Contractors by evaluation and comparison of price, quality of goods or services and past performance, All subgrants awarded by the UBC~I~TRACT~R under this Agreerr~ent shall be in accordance with Subpart , Sec._,7, Coastal Bend Counoil ofovernments ~_ subsection fib} of the State Uniform Administrative Requirerrients for Grants and cooperative Agreements as set forth in Part lII afthe Uniform grant Management standards adapted by the Governor's office of Budget and Planning. (c} SUBCONTRACTOR Close Out Report No later than thirty ~~} days following the terminatlon ofthis agreement, UBGNTRACTOR must submit a ~G contract close but Report according to written instructions from EGG. Article 4 Reporting Requirements ~a} The SUB~I~TRATGR shall prepare and submit to the CMG, 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 agreement including program results All progress reports shall be submitted within 7 days after the end of each quarterly period so that ~~~ may submit a consolidated report to T~~ within ~a days. A final progress report shall be provided prior to the final request for payment under this contract, but, in no case later than 3a days after the end of the antract period. Payments ~reirnbursements} required under this contract may be withheld by the ~G until such time as any past due progress reports are received. fib} The SUBGN~TRAT~R quarterly progress reports required under Section ~a}ofthis Article contain descriptions of activities and casts for the ~~ to ensure that the provisions of this contract are being complied with, The SU~~G~ITRACT~R shall carnply with any reasonable request by the far additional information an activities conducted in order for the ~ to adequately monitor the SUBGNTRAT~R's progress ire completing the requixeinents ofand adhering to the provisions ofthis contract. The []B~~ITRATGR shall certify in writing to the ~, through a final progress report, the satisfactory completion ofall activities and deliverables required under the pass- thrQUgh grant agreement ~c} The SUBONTRA~TGR shall provide the HOC with fallow-up results information on a schedule established by the ~, to include a report ar reports sufficient to allow the ~G to provide the TE a report in Goober 2aa~ an the continued results of the pia j ect funded under this Agreement. In addition, the SUB~GNTRACTGR shall continue to document, as appropriate to the type of pia j ect, the results of the pro jest activities far the life of the program ar activity, ~d} The ~JB~~I~TRAT~R's failure to cam 1 with the re uirements of this Article coustitu#es a breach ofthis Gan#ract, Article 5 Monitoring Requirements ~a} ~ may periodically manitar SUBGNTRAT~R for: 1. The degree of compliance with the terms of this ~antract, including compliance with applicable rules, regulations, and promulgations referenced herein; and ~. The administrative and operational effectiveness afthe project. Coastal Bend Council afCovernment ~_~ {b} ~ shall conduct periodic analysis of UB~QNTRATR' performance under this on~act far the purpose ofasessing the degree to which contactual objectives and perfarrnance standards, as identified in this contract or as subsequently amended, are achieved by UB~NTRAT~R, Article Title to and Management of Real Property and Equipment Subs ect to the abllgatrans and conditions set forth in this Agreement, title to real property and equipment {together hereafter referred to in this Article as property} acquired from funds provided under this Agreement by the ~U~ONTRAT~R shall vest upon acquisition ar construction in the U~ONTRAT~R. All parties agree that upon full perfarrnance of this contract, title shall remain with the UB~NTRA~TOR, provided however, that ifthis contract is terminated, due to substantial failure by the UB~NTRAT~R to fulfill its obligations under this contract, title and physical possession of all equ~prr~ent and constructed fixtures shall, upon written notification from ~Cr, be transferred in goad condition and within five ~5}working days to ~~. {a} ubjett to the provisions afthis Agreement axed 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 jests ar programs continue to be supported by ~ funds. {b} The U~~NTRA~TOR shall not grant or allow to a third party a security interest in any original or replacement property purchased or constructed with funds made available to the UB~NTRAT~R under this Agreement. {c} The use of property acquired under this Agreerrrent, bath during the term afthis Agreement and for the useful life of the property, shall be in accordance with ettion 3G1.014{b} of the TES. HEALTH SAFETY BODE, which directs that a project ar service funded under this program must prarr~ote cooperation between public and private entities and may not be otherwise readily available ar create a competitive advantage over a private industry that provides recycling or solid waste services {d} The UB~~NTRATOR may develop and use their awn property management systems, which must confarrn with all applicable federal, state, and local laws, rules and regulations. Ifan adequate system for accounting is 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 properly management system used by the SUBOONTRATOR must meet the requirements set forth in this Settior~~ {I} Property retards must be rraaintained 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 of the property, percentage of state participation in the tort 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. {II} A physical inventory ofall equipment acquired or replaced under this Agreement shall be conducted no less frequently than once every two years and the results of such inventories reconciled with the appropriate property records. Property control procedures utilised by the UEOONTRATOR shall include adequate safeguards to prevent lass, damage, or theft of the acquired property. Any loss, damage, ar theft sha11 be investigated. The Coastal Bend Council of Gavernmeuts ~~, SU~~N~TRAT~R shall develop and carry out a program of property maintenance as necessary to keep bath originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest passible return, in the event such property is Bald, VIII} pertain types afequiprr~ent are classified as controlled assets and are subject to annual revision. Yn accordance with the UGI, the SUB~NTRACTOR should contact the Texas ~omptraller of Public Accounts property accounting staff or review the comptrollers Mate Property Accounting User Manual available on the Internet for the mast current listing. Firearms shall be maintained on the SUB~NTRAT~RS inventory systerri irrespective of cast, and the following equipment with casts between X504 and 1,Daa shall be malntalned on the inventory systerr~; ~1~ stereo systems, ~2} still and video cameras, ~3} facsimile machines, ~4} SCRs and ~RIT~ combinations and ~5}cellular and portable telephones. fie} The SUBONTRAT~R 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 SUB~NTRAT~R agrees that ifa determination is rriade that any property acquired with funds provided under this Agreement with a current per-unit fair market value of$l,aa~ ar more is no longer needed for the originally authorized purpose, the ~ has the right to require disposition of the property by the SUB~~NTRAT~R in accordance with the provisions of this Article, ~g~ when, during the useful life of property acquired with grant funds under this Agreement by the SUB~~NTRAT~R and with current per-unit fair market value ofd 1,Oaa or more, the property is no longer needed for the originally authorized purpose, the SUB~DNTRA~T~R agrees to request disposition instruction farm the ~~r ar, if the ~~ is no longer administering a Regional Solid waste grants Program, the TES. D~spos~t~on instructions shall solicit, at a minimum, information on the source and amount of funds used in acquiring the property, the date acquired, the fair market value and how 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 with the private industry provisions of ~ 1,014~b~ of the T~~AS I~~ALTH SAFT~ I~DE ANN. In cases where the SUB~~NTRA~T~R falls to take appropriate dlspos~tlan actions, the ~G may direct the SU~ONTRAT~R to take excess and dlspaslt~on actions. The dispositions may provide far one of the alternatives as set forth in this Section. ~I} Retain title, sell, or otherwise disposed ofwith no obligation to compensate the ~~r. III} Retain title aver compensating the ~G, If the ~~ is compensated by the S[JB~NTRA~T~R far property acquired using funds provided under this Agreement, the BOG w1111n turn compensate the TE or, upon authorization by the T~~, use thane funds for other projects ar activities that support this or similar future programs conducted by the ~~G, The amount due will be eQmputed by applying the percentage ofstate-funded participation in the cast of the original purchase to the fair market value of the property. VIII} Sell the property and compensate QG. If the ~G is compensated by the UB~NTRAT~R far property acquired using funds provided under this Agreement, the CSC will in turn compensate the T~ or, upon authorization by the TFI, use thane Coastat Bead Caunc~l ofGovernr~ents ~_~ funds for other pro ject~ or activities that support this or sirr~iZ~r future programs conducted by the ~, The amount due will be calculated by applying the COs percentage of participation in the cost ofthe original purchase to the proceeds ofthe sale after deduction of any actual and reasonable selling and fixing~up expenses. If the grant is still active the net proceeds from sale nay be offset against the original cast of the property, when the SU)CONTRACT~R is directed to sell the property, sales procedures sha11 be followed that provide for competition to the extent practicable and result ~n the highest possible return. HIV}Transfer title to the COC or to a third-party designatedlappraved by the ~. If the UBC~NTRACT~R participated financially in the original purchase, the SI~BC~NTRACT~ may be authorized payrrient 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 market of the property. {h} Items of property with a current per-unit fair rriarket of less than $ I,~00 may be retained, sold or otherwise disposed of by the SU~BC~NTRACT~R with no further obligation to the COQ, Methods used to determine per-unit fair market value must be documented, kept an file and made available to the ~ upon request. ~i} The CMG shall include provisions in its Interlocal Agreements to implement and enforce the pravlsions Of tllls Artlcle~ Article 7 Compliance with Applicable Laws The UIC~NTRACT~I~ shall give all notices and comply with all laws, ordinances, rules, regulations and order of any public authority bearing on the performance ofthis contract,including, but not limited to, the laws referred to in this Contract. If the SUBC~NTI~ACT~R or CMG observes that this Contract is at variance therewith in any respect, the observing party sha11 promptly notify the other party in writing, and any necessary changes shall be adjusted by appropriate Contract modification, ~n request, the UBC~NTRACT~R shall furnish ~ modification, If the SUBCONTRACTOR performs any work knowing or having reason to know that it is contrary to Laws or >~egulations, the SUBCONTRACTOR shall bear all claims, costs, losses and damages caused by arising out of or resulting therefor. Article S Types and Standards of Solid waste Implen~entatian projects Local Enforcement 8.1. Funds may not be provided to any law enforcerr~entagency regulated by Chapter 415, Texas Government Code, unless: ~a}the law enfarcementagency is in cvmpliancewith all rules developed bythe Commission on Law Enforcement Standards and Education pursuant to Chapter 415, Texas Coverrxment Code; or fib} the Commission on Law Enforcement officer Standards and Education certif ies that the requesting agency is in the process of achieving compliance with such rules. S.~ when funding is to be provided for salaries of local enfarcementofficers, the funds recipient must certify that at least one of the officers has attended or will attend within the term ofthe funding the TCE~'s Criminal Environmental Law Enforcement Training or equivalent training. 8,3 Local enforcementvehicles and related enforcement equipment purchased entirely with funds provided Coastal fiend Council of Governments ~_~ under this Agreement ruay only be used for activitiesta enforce laws and regulations pertaining to littering and illegal dumping, and nay net be used far ether code enforcementar law enfarcementactivities. vehicles and equipment that are only partially funded must be dedicated for use in local enforcement activities far a percentage of time equal to the proportion of the purchase expense funded; 8 ~4 Entities receiving funds far a local enforcement af~tcer, enforcement vehicles, andlor related equipment far use by an enforcement officer, must investigate major illegaldurnping problems, on both public and private property, in addition to investigating general litter problems an public property. S. Entities receiving funds to conduct a loyal enforcement program must cooperate with the T~E's regional investigative staff in identifying and investigating illegal dumping problems. Lack of cooperation with the TE staffrrtay constitute a reason to withhold future funding to that entity far local enforcementactivities, S~ Funds may not be used far investigation and enforcement activities related to the Illegal dumping of industrial andlar hazardous waste. Instances where industrial or hazardous waste is discovered at a site do net 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 waste. Litter and Ille al Dum in leanu 8.7 Lake and River cleanup events must be coordinated with the T~EQ's cleanup program staffand~ar the Keep Texas Beautiful organization, which is contracted by the TES to administethe Lake and River cleanup program. 8.S Projects funded to clean up litter or illegal dumping an private property must be conducted through a local government sponsor or the PERF~RIVIIN PARTY. Funds may net be provided directly to a private landowner ar other private responsible party for cleanup expenses. The local government sponsor or the PERF~RM~N PARTY must either contract for and oversee the cleanup work, or conduct the work with its awn employees and equipment. 8.~ The costs for cleanup ofhazardaus waste that tray be found at a municipal solid waste site toast be funded from other sources, unless a waiver from this restriction is granted by the TCE~ to deal with immediate threats to human health or the enviranrnent, 8.10 The casts for cleanup of glass 1 nonhazardous industrial waste that may be found at a municipal solid waste site must be funded from ether sources, unless a waiver from this restriction is granted by the T~EQ to deal with immediate threats to human health ar the environrrtent. 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 of the municipal solid waste found a~ site, 8.11 All notification, assessment, and cleanup requirements pertaining to the release of wastes ar other chemicalsafconcern, asrequired under federal, state, and local laws and regulations, including 30 TAC chapter 330, T~E~'s IUIw Rules, and 30 TAB chapter 350} TAE' Risk ReductionRules,must be complied with as part of any activities funded under this Agreement. 8,1 ~ 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 recamtnendedthat materialsremoved from a site be reused ar recycled, Far projects to clean up large amounts of materials, the PERF~RMIN PARTY should consider withholding at least ten ~ 10°fo} percent ofthe reimbursements under a subgrant or subcontract; until documentation is provided that the cleanup work has been carrtpleted and the rr~aterials properly managed, ~aastai Bend ~auncil of Governments ~_~ source Reduction and Rec clip 8, ~ ~ Any program or pro jest funded under this Agreementwith the intent ofdemonstratin the use of products 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 for using these materials. >:~ocal solid waste Management Plans 5.14 All local solid waste management plans funded under this Agreement must be consistent with the P~RF~RMIN~ PARTY's regional solid waste management plan, and prepared in accordance vaith 3~ TAB Subchapter Q, chapter 330, TCE Rules and the content and Format guidelines provided by the T~E~. x,15 In selecting local solid waste tnanagementplan project for funding, the PERF~RMIN~ PARTY shall ensure that at least one year is available forthe corr~pletian and adoption of the local plan. 8.16 Local solid waste managementplans may not be considered for funding by the PERFRMII~ PARTY until the PERF~RMf'N PARTY's regional solid waste management plan has been amended. citizen' ~ollectian Statia~s, "Small"Registered Transfer, stations, and community collection Events 5.17 The design and construction of citizens' collection stations, as those facilities are def fined under 30 TAB chapter 330, TES Rules, maybe funded. The costs associated with opera>~ng a citizens' collection station once it is can~pleted may not be funded. 5.18 The design and construction of small municipal solid waste and liquid waste transfer stations that qualify for registratianunder §330.4~d} or ~330.4~r}, TE Rules, may be funded. ether permitted ar registered transfer stations may not be funded. ~ municipal solid waste transfer facility may be eligible far a registration if it serves a municipalitywith a population of less than 50,D00, or a county with a population afless than 5~,000, ar is used in the transferof l~~ tans or less ofrriunicipal solid wasteper day. A liquid waste transfer station may qualify for a registration if it will receive Iess than 3Z,00o gallons or less per day. The costs associated with operating atransfer station once it is completed may not be funded. 5.19 Periodic community collection events, to provide for collection and proper disposal of not~recyclable residential waste materials for which there is not a readil~r available collection alternative, may be funded. This type of project may not include regular solid waste collection activities, such as weekly waste collection. Funded collection events may be held na mare frequently than four tames per year, and must only be intended to provide residents an opportunity to dispose afhard~to-collect materials, such as large and bulky items that are not picked up under the regular collection system, and rriight otherwise be illegally dumped by residents, Household Hazardous waste Marra ement 8,~0 All household hazardous waste collection, recycling, andlor disposal activities must be coordinated with the TE's >~Iw program staff, and all applicable laws, regulations, guidelines, and reporting requirerrYents must be followed, 8.Z 1 All Texas gauntry cleanup events must be coordinated with the TES's Texas country cleanup program staff, and all applicable laws, regulations, guidelines, and reporting requirements must be followed. coastal Bend council of Governments ~_ Technical Studies 5.2~ All technical studies funded under this Agreerr~ent must be consistent v~ith the PERF~RMII~I PARTY's regional solid waste management plan, and prepared in accordance with guidelines provided by the TCE. Educational ,and Training Projects 8.~3 Educational and training programs and pro jests funded under this Agreement must be primarily related to the managementafrnunicipal solid waste, and funds applied to a broadereducatian program may only be used far those portions of the program pertaining to municipal solid waste, ether T eft s of Projects ~.Z4 If the TCE~ authorizes the PERF~RMIN PARTY to fund additional types of projects, under the process set forth in Section 8,x.9,, Program Conditions, of this Agreement, the authariz~ation incorporated into this Agreement may include additional standards and restrictionsthat shall apply to use of funds for that project ar type of project. Art1~~e 9 Supplemental Funding Standards general Standards 9.1, The provisions of the Uniform Grant Management Standards ~UCS} issued by the office 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,T~ ~4~~owa~~~ E~cpe~rdr"lure ufde~ine~ ~,~. Recipients of funds under this Agreement, including the PER.E~RiViII~ PARTY, subgrant recipients, and subcontractorsshall complywith all applicable state and local laws and regulations pertaining to the use of state funds, including Iaws concerning the procurement of goods and services and competitive purchasing requirements. 9.~ . Funds may not be provided through a subgrant or subcontract to any public ar private entity that is barred from participating in state contracts by the Texas General Services Commission, under the provisions of §~ 15~,a77, government Cade, and 1 TAB ~ 113,~~, CSC Reulati~s. 9.~. Public and private entities subject to paymentaf state solid ~raste disposal fees and whose payments are in arrears may not receive funds under this agreement through either a subgrant ar subcontract. 9.5. In accardancewith §3~ 1.014~b~, Texas Health and SafetyCode, and 34 TAB §U.~~9~d}, TAE Rules, a pro j ect or ser~ica funded under this Agreement must promote cooperation betwean public and private entities and may not be otherwise readily available ar create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition, the term private industryy included nonprofit and nat,for~prafit non governmental entities. ~,6, All equipmentand facilitiespurchased or constructedwith funds provided under this Agreement shall be used for the purposes intended in the funding agreement. 9.7, A project ar service funded under this Agreementmust be consistentwith the PERF~RIVEN PARTY's approved regional solid waste management plan, and must be intended to implement the goals, ob jectives, and priorities established in the regional plan. Coastal Bend Council of governments ~-~~ 9,8. Funds nay not be used to acquire Isnd ar an interest in land. 9.9. Funds may not be used to supplant existing funds. In particular, stsffpositions where the assi red functions will remain the same and that wer ~ ~ active at the time of the funding application or proposal, and were funded from a source other that a previous solid waste grant, may not be funded, 9.1 ~. Funds may not be used for food or entertainment expenses, include refreshments st rrieetin sand other g functions. This provision does not apply to authorised employee per diem ex eases for food costs incurred P while on travel status. 9.11. Funds nay not be used for payment of salaries to any employee who uses alcoholic bevera es an active duty. Funds may not beused for the purchase of alcoholic beverages, including travel ex eases reimbursed P with these funds. 9.1 ~. Funds may not be used for erriplaymentor otherwise contracts far services of a labb istor far dues to an y orgsni~stion which employs ar otherwise contracts far the services ofa lobbyist. 9,13. Funds may only be used far projects or programs for rrtansing municipal solid waste. 9.14. Except ss may be specificallyauthorized in this Article or elsewhere in this A reement funds ma y not be used for projects or facilities that require a permit from the TE andlar that are located within the boundaries of a permitted facility, including landfills, wastewatertreatment plants, ar other facilities, This restriction may be waived by the TCI~~, at its discretion for recycling and other eligible activities that will take place within the boundaries of a permitted facility, The applicant andlor the PERF~RMINC PARTY trust requests preliminary determinationfrvm the TES as to the eligibilityof the pro jectpriorto the project bein g considered for funding by the PERF~RIN PARTY. 9.15. Projects or facilities requiring a registration from the TES, and which are otherwise ell ible for g funding, must have received the registration before the project funding is awarded, 9.1~. l~xcept as may be specificallyauthori~ed in this Article ar elsewhere in this Agreement, funds ma not Y be used far activitiesrelated to the collectivnor disposal of municipal solid waste. This restriction includes: solid waste collection and transportation to a disposal facility; waste combustion incineration ar wast~to~ energy}; processing far reducingthe volume afalid waste which is to be disposed af; landfills and Iandfill- relatedfacilities, equipment, or activities, including closure and post-closure care ofa permitted landfill unit ar other activities and facilities assactated with the disposal of rriuniclpsl solid waste. 9.1?, Funds may not be used to assist sn entity or individual to cainply withan existing ar endin federal p g state, or local judgement or enforcenientaction. This restriction includes assistance to an entity to cam 1 with py an artier to clean up andlor rernediate problems at an illegal dump site. However, the TEQ ma waive this Y restrictions, at its discretion and an a limited case-by-case basis, to address irr~mediate threats to human health or the environment, and where it is derrianstrated that the responsible party does not have the resources to comply with the order. 9.1 S. Funds may not be used to pay penalties unposed on an entity for violation affederal, state, ar local laws and regulations. This restriction includes expenses for conducting a supplemental environmental ro'ect CEP p J ~ ~ under a federal ar state order or penalty. Funds may be used in conjunction with EP funds to su ortthe pP same project. Article IO Funds in the wDTRF ~a} It is the understanding of the parties that the source of the funds rovided b the ~C is the ~ ^ . ~ i ~ I un~cipal valid haste l~~sposai and Tran~portatian Revenue Fee ~I1~DTRF , due to derr~ands C~as~al Bend Council of C~~vernments ~-~ ~ upon that source for funds necessary to protect the health and safety ofthe public, it is passible that the funds contained in the MDTRF will be depleted prior to con~pletian afthis Agreement. The parties agree that all funding arranged under this Agreement is subject to sufficient funds in the w~]TRF, The U~C~NTRACT~R shall place this notice in all subgrants and subcontracts Article 11 conflict of Interest The [JB~~NTRAT~R shall notify the ~Cx immediately upon discovery of any potential or actual conflict of interest. The UB~NTRA~TQR agrees that the CMG andlor the T~ have sale discretion to determine whether a conflict exists and that the ~~ andlar the TES may terminate the Agreement at any time, on the grounds of actual or apparent conflict of interest. a, otr'ce of 'o~f~ic~ o~'I~r~er~s~; The Ufl~~NTRAT~R shall notify the ~G in writing or any actual, apparent, ar potential conflict of interest regarding any individual performing or having access to information regarding the work. As applicable, the notification shall include bath organizational conflicts or interest and personal canf lists of interest. Any individual with a personal conflict of interest shall be disqualified from taping part in any way in the performance of any work that created the conflict of interest. Article 1 ~ Authorized Representatives ~a} The ~ hereby designates the person inExhibit B-1, Project Representative, as the individual authorized to give direction to the UB~NTRAT~R far the purposes ofthis ontract~ The HOC Pra j ect Representative sha11 not be deemed to ha~re authority to bind the ~~r in contract unless the Executive director of the ~ has delegated such authority. ~b~ Immediately upon receiving the Purchase order or Notice afAward, the UBONTRAT~R shall identify, s its Project Representative, the person authorized to receive direction from the ~, to manage the work being performed, and to act on behalf on the ~I~B~QNTRAT~R, The UB~~NTRAT~R' Project Representative shall be deemed to have authority to bind the ~J~~NTRAT~R in contract unless the UB~NTRAT~R, in writing, specifically limits or denies such authority to the ~JB~NTRAT~R" Project Representative. ~c} Either part~r nay change its Project Representative, In addition, the Project Representative of either party may further delegate his or her authority as necessary, including arty delegation of authority to a new Project Representative The party mal~ing the change in Project Representative shall provide written notice of the change to the other party. ~d} The ~B~NTRA~T~R shall ensure that it's Pro jest Representative, orhis orher delegate, is available at all times for consultation with the ~Or. coastal Bend ~vuncil ofCoverriments ~-~~ i '~ 4 ~ i s V L~xhlbl~ B The ~ designates the individual named below as the Pro j ect l~ep~esentative for ~: Name: Theresa Finch, l~nvirar~tnental aordinator Address; aastal Bend council of overnment~ P.Q, Box 9909 D~pL1S hr1St1, T~ ~~~~ TEL. ~3G l ~ 8 83-5743 FAQ, ~3b l } 8135749 The ~JBNTRATOR designates the individ~ai named below a~ the ~7B~NTRAT~1~'s Project Representative. The ~7B~NTR,A~T~R~s Project Representative is the person authorised to receive direction frarn the ~~, to manage the ror1~ being performed, and to act an behalf of the UBONTRAT~R; Name ~ Paul Bass Address: P,O. Box 977 corpus Christi, Texas 7549 TBl1: 31-8~-198 FA~~ 3~l-S~~-1971 coastal Bend Council of ~avernments ~~~l~l~ ~ coastal Bend ~unci~ of governments Solid waste grant ~nterlocal Agreement work Programs of SUBONTRACTO~ exhibit foal: Goa12~ Reduce the amount of municipal solid waste generated and disposed of in the Coastal Bend Regian. ~~ 1 Education and Training -Continue tv use outreach and education pragrarns to support program initiatives and to facilitate Iong~term changes in attitudes about source reduction and recycling, Objective 1: Education and Outreach 1Vlaterials Task 1 a. Purchase education and outreach materials Objective ~: Report the progress of the work program task and measure of program effectiveness. Task 2a: Turn in Summary Reports Form PT-~ 1 } to identify progress vfthe project in three~month intervals. Time Frame; Summary Report due December 15, 2008 Ito report on September, October, November},April 1 ~, 209 Ito report on January, February, March} and August 15, 2009 {to report on May, June, July}. Task 2b~ Turn in Results Reports {Form PT-R1} to identify specific results being accomplished by the implementation of your project. Time Frame: Results Report due December 1~, 2008 eta repart an September, October, November},April 15, 2009 {to repart on January, February, March} and August 15, 209 Ito report on May, June, July}. Task 2c~ Turn in Financial StatuslReimbursernent Requests Form PT-F1, PT-F2, and supplemental documentation as identifies in the Special Contract Provisions {Attachment B}section, Article 3{b} 5, located on page B-~. Time Frame. Financial Status ReportlReimbursement Requests due January 1 , 20D9 {to repart on September, October, November, December} and September 1 ~, 2009 {to report nn April, May, June, July, August}. Coastal Bend Council ofC~o~rernments ~~~11~1~ ~ + o~~tal Bend ~or~ncil of governments valid waste rapt Interlocl Agreement Schedule of Deliverables from I~B~N~"RAT~R Exhzbxt D Task Time frame De~ive~ahle Task 1: Purchase Educa#ional lVia#erials submit documentation of 0813112009 rr~a#erials purchased Task 2a; Summa Re ort P December ~ 5, 2408, PT's Forms Aprii 15, 2409, and August 15, 2049 Task 2b: Results Report December 1 S, 20x8, PT- Forms April 15, 2009, and August 15, 2409 Task 2c~ Financial Status RepurtlReimbursement Re uest q January l S, 2449 and PT~F 1 } PT-F2, and September 15, 2009 supplemental documentation Coastal Bead Council ofGovernmen#s ~~~l~l~ ~ ~aastal Bend ~aune~l of ~avernments solid Este rent Interlacal Agreement ubcantractar Budget end Authorisations Exhibit E De~cript~on of ~Ff~~li~ r iJ~V4F~iYf~~~ 171~t~r~~~ 4~ ' 4 4~~.J ~ ~ ~ V ~ Lf V ~L fJJ ~ 4 W+~~~~~/~a