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2000-136-RES ACCEPTING GRANT A WARD FOR "FY 2000-2001 SOLID RESOLUTION NO. 2000- 136 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, ACCEPTING GRANT A WARD FOR "FY 2000-2001 SOLID WASTE IMPLEMENTATION GRANT"; AUTHORIZING THE EXECUTION OF CONTRACT NO. 14310768; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris did heretofore, on the 27th day of June, 2000, in Resolution No. 2000-091, authorize an applicatton to be made to the Ark-Tex Council of Governments, in cooperation with the Texas Natural Resource Conservation Commission, for the Municipal Solid Waste Grant Funding for Fiscal Year 2001, Category I: Local Enforcement; and, WHEREAS, the Ark-Tex Council of Governments has issued its Grant Award, entitled, "Solid Waste Implementation Grant, Contract No. 14310768," for the period beginning September I, 2000 and ending August 31, 2001, in the total amount of $20,843.00, with the City of Paris providing $20,871.00 in the form of in-kind services; and, WHEREAS, it is deemed to be in the best interests of the citizens of Paris that the City of Paris accept said Grant A ward in furtherance of the prevention of illegal dumping; and, WHEREAS, the form ofthe "Solid Waste Implementation Grant, Contract No. 14310768," attached hereto as Exhibit A, should, in all things, be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble ofthis resolution are hereby in all things approved. Section 2. That the Solid Waste Implementation Grant for the period beginning September I, 2000, and ending August 31, 2001, in the total amount of $20,843.00, with the City of Paris providing $20,871.00 in the form of in kind services, be, and the same is hereby, accepted. Section 3. That the form of the "Solid Waste Implementation Grant, Contract No. 14310768," attached hereto as Exhibit A, be, and the same is hereby, approved. Section 4. That the Mayor be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the "Solid Waste Implementation Grant, Contract No. 14310768," under the terms and conditions and in the form shown in Exhibit, A attached hereto. Section 5. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 26th day of September, 2000. "LA] &, ./ MiCh~:este~:rm'--L ) ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: .~ . ARK-TEX COUNCIL OF GOVERNMENTS CONTRACT CITY OF PARIS SOLID WASTE IMPLEMENTATION GRANT Performance Period: From ....!l2..../.Jll.../ ..JlQ... To -..aat..:iL../ J1L Contract Number 14~107fiR / EXHIBIT A Contract No. 1 4 3 1 0 7 6 8 . Modification No: I A TCOG I CONTRACTOR I Ark.Tex Council of Governments City of Paris P. O. Box 5307 P. O. Box 9037 Texarkana, Texas 75505 Paris, Texas 75461-9037 PART 1 - PARTIES TO CONTRACT: This contract is entered into, by and between the Ark- Tex Council of Governments, hereinafter called A TCOG, and the Citv of Paris, hereinafter called "Contractor". The Contractor covenants and agrees to provide services set forth in Attachment B. Scooe of Services. in accordance with the terms and conditions of this Contract and all applicable laws and regulations; including, but not limited to the following: Texas Senate Bill 1051 and Texas Solid Waste Disposal Act, Texas Health and Safety Code ~ 341,343,361-365,368, and 371, Texas Housebill 3072, Resource Conservation and Recovery Act, Clean Water Act, Clean Air Act, ~ 330.569 of TNRCC Municipal Solid Waste Regulations (30 TAC Chapter 330), Uniform Grant and Contract Management Act, Texas Government Code Ann. ~ ~ 783.001 et. seq. And the Uniform Grant and Contract Management Standards, 1 Texas Administrative Code, ~ ~ 5.141 et. seq. Neither the TNRCC nor the State of Texas is a party to this aQreement. PART II - ATTACHMENTS: This Contract and/or modification thereto consists of this page plus all of the following identified exhibits and attachments which are hereby incorporated in this contract in their entirety by specific reference: I ATTACHMENT I DESCRIPTION I PAGE ! A Definitions 5 B Scooe of Services 9 C Payment and Fiscal Manaoement 13 D Standard Provisions and Assurances 25 E Exhibits 62 PART 11I- PAYMENT OBLIGATION: ATCOG agrees to pay Contractor compensation for the described services, a sum not to exceed $ 20.843.00 in accordance with the Budget, procedures and restrictions identified in Attachment C. Pavment and Fiscal Management. This amount shall constitute full and complete payment for the services to be provided under this Contract. PART IV - CONTRACT PERIOD OF PERFORMANCE: The period of performance under the provisions of this Contract shall begin on Seotember 1. 2000, and terminate on Auaust 31. 2001, unless prior to that date contractor receives a properly executed modification to this contract extending the above performance period. PART V _ CONTRACT EXECUTION: ATCOG and Contractor have agreed to the terms of this Contract i and executed same as evidenced by the following signatures and dates: A TCOG I CONTRACTOR ! Signature Signature Executive Director Mayor Ark.Tex Council of Governments City of Paris Date Date ARK-TEX COUNCIL OF GOVERNMENTS CONTRACT FOR: SOLID WASTE IMPLEMENTATION GRANTS This page intentionally blank. ATTACHMENT A DEFINITIONS Table of Contents 1.0 SCOPE OF SERVICES DEFINITIONS.................................... 5 2.0 PAYMENT AND FISCAL MANAGEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5 This page intentionally blank. ATTACHMENT A DEFINITIONS SECTION 1.0 SCOPE OF SERVICES DEFINITIONS 1.1. For the purposes of all parts and attachments of this Contract, the following Scope of Services definitions shall apply: 1.1.1 Professional Services - The cooperative implementation of the Ark- Tex Council of Governments Regional Solid Waste Management Plan. 1.1.2. Enforcement Proaram - Program to facilitate enforcement of illegal dumping of solid waste. SECTION 2.0 PAYMENT AND FISCAL MANAGEMENT 2.1. For the purposes of all parts and attachments of this Contract, the following Payment and Fiscal Management definitions shall apply: 2.1.1. Cost ReimbursemenVPerformance Driven - A contract in which reimbursement occurs after costs are incurred, based on actual disbursement of funds and is tied to performance criteria. 2.1.2. Quarterly - For purposes of this contract, quarterly is defined as every three (3) months beginning with the month of September. 5 This page intentionally blank. ATTACHMENT B SCOPE OF SERVICES Table of Contents 1.0 CONTRACTOR PROVIDED PERFORMANCE AND SERVICES ................ 9 2.0 ATCOG PROVIDED PERFORMANCE AND SERVICES ......................10 This page intentionally blank. ATTACHMENT B SCOPE OF SERVICES SECTION 1.0 CONTRACTOR PROVIDED PERFORMANCE AND SERVICES 1.1. Contractor is to continue an enforcement program to further enforcement of illegal dumping. 1.1.1. Contractor shall be responsible for employing a code enforcement officer. 1.1.2. Contractor shall be responsible for training of code enforcement officer as available. 1.1.3. Contractor shall be responsible for educating the public on the enforcement program through advertisements, and speaking to schools and civic organizations. 1.1.4. Contractor shall be responsible for operating the enforcement program through violation identification, violation investigation, violation prosecution, record keeping and training. 1.1.5. Contractor shall be responsible for the quarterly and follow up reporting to Ark- Tex Council of Governments (ATCOG) the amount of enforcement cases filed and settled for the life of the project. 1.2. "Reports" - Contractor shall complete and submit necessary reports as identified in Attachment E. The Contractor shall assure that A TCOG receives the following reports and notices within the time limits specified below: 1.2.1. "Contractor Purchase Voucher" - Attachment E, Exhibit 1.0 1.2.2. "Expense Report" - Attachment E, Exhibit 2.0 1.2.3. "Local Enforcement Results Report" - Attachment E, Exhibit 3.0 - Due on December 15. 2000. March 15, June 15. and September 15 2001. 1.2.4. "Quarterly Progress Report" - Due on December 15 2000 March 15, .!l.!.rul. .1Q. and Seotember 15. 2001. 1.2.5. "Final Report" - Due Seotember 15. 2001. This report must certify the satisfactory completion of all activities and deliverables required under this contract. 1.2.6. "Follow up Report" - Due yearlv on September 1. 2002 and 2003. Contractor shall provide any additional reports or information as may be necessary to adequately track the progress of the project. 9 ATTACHMENT B SCOPE OF SERVICES SECTION 2.0 ATCOG PROVIDED PERFORMANCE AND SERVICES 2.1 The A TCOG Staff shall monitor Contractor for program compliance. 2.2. The A TCOG staff shall monitor Contractor to determine that performance has been satisfactorily provided in accordance with the terms of this Contract, as identified in Attachment C. Pavment and Fiscal Manaoement. 2.3. A TCOG shall promptly disburse each payment to Contractor as described in Attachment C. Pavment and Fiscal Manaaement. 10 ATTACHMENT C PAYMENT AND FISCAL MANAGEMENT Table of Contents 1.0 FUNDING AGENCIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 2.0 TOTAL CONTRACT PAYMENT OBLIGATION. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 13 3.0 TYPE OF CONTRACT PAYMENT ...................................... 14 4.0 COST/ADMINISTRATIVE REQUIREMENTS .............................. 14 5.0 INTEGRITY OF FUNDS .............................................. 14 6.0 CONTRACTOR BUDGET. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14 7.0 REQUEST FOR PAYMENT ........................................... 18 This page intentionally blank. ATTACHMENT C PAYMENT AND FISCAL MANAGEMENT SECTION 1.0 FUNDING AGENCIES 1.1. In accordance with the terms and purposes of this Contract, the following agency is considered the ATCOG grantor/funding agency: 1.1.1. The Texas Natural Resource Conservation Commission 1.2. The above agency and/or authorized representatives shall, in addition to A TCOG, be afforded the right, as required by state and federal laws and regulations, to access Contractor records, monitor and/or audit Contractor performance, and otherwise engage in related Contract activity. 1.3. The obligations of A TCOG pursuant to the terms of this Contract are only valid and enforceable if sufficient funds are made available to ATCOG by the above agency for the purpose of performance prescribed by this Contract. SECTION 2.0 TOTAL CONTRACT PAYMENT OBLIGATION 2.1. Except as provided in Section 2.2. below, A TCOG agrees to pay Contractor compensation for the services described in Attachment B Scooe of Services, and a sum not to exceed the amount identified in PART III. PAYMENT OBLIGATION. Said payment is to be provided in accordance with the budget, procedures and restrictions identified in this Contract. 2.2. Contractor may account for expenses incurred and request reimbursement of outlays under either a cash or an accrual basis, as defined and authorized under the UGCMA. To be eligible for reimbursement under this agreement a cost must have been incurred and either paid by the contractor prior to claiming reimbursement from ATCOG or incurred by the last day of the time period indicated on a request for reimbursement form and liquidated no later than forty- five (45) days after the end of the contract period. 2.3 ATCOG, from time to time, may provide written notification to Contractor in the form of either a unilateral letter of notification with an authorized A TCOG signature or a bilaterally executed Contract amendment which shall serve either to obligate additional funds under this Contract or to deobligate funds previously obligated 13 ATTACHMENT C PAYMENT AND FISCAL MANAGEMENT under this Contract. Such notification (s), if any, will specify ATCOG'S maximum obligation to Contractor as of the effective date of such notification. SECTION 3.0 TYPE OF CONTRACT PAYMENT 3.1. A TCOG agrees to compensate Contractor for allowable costs associated with the provision of services identified in Attachment B. Scooe of Services, on a oerformance driven/cost reimbursement basis. SECTION 4.0 COST/ADMINISTRATIVE REQUIREMENTS 4.1. Except as otherwise authorized by this Contract, state and/or federal law or regulation, Contractor shall comply with the cost orincioles set forth in either OMB Circular No. A-87 or A-110, as applicable, and the uniform administrative reauirements set forth in OMB Circular No. A-102, both as supplemented by the final rules promulgated by the Texas Office of the Governor under the Uniform Grant and Contract Management Act of 1990, TEX. REV. CIV. STAT. art. 4413(32g), as well as all other applicable local, state and/or Federal laws and regulations, including, but not limited to those identified in PART I. PARTIES TO CONTRACT. SECTION 5.0 INTEGRITY OF FUNDS 5.1 Regardless of all other terms and provisions of this Contract, A TCOG retains the right to suspend all and any payment to Contractor, in whole or in part due to unsatisfactory performance, providing Contractor is given prompt notice and the opportunity for a hearing before ATCOG, regarding such suspension within thirty (30) calendar days from such suspension. SECTION 6.0 CONTRACTOR BUDGET 6.1. Except as provided below, A TCOG shall only pay Contractor for allowable costs that comply with the following Contractor Budget: 14 ATTACHMENT C PAYMENT AND FISCAL MANAGEMENT Cost Cateoories State Amount IQm! Supplies 0 0 Equipment 0 0 Construction 0 0 Personnel/Salary 20,843 20,843 Fringe Benefits 0 0 Travel 0 0 Contractual 0 0 Implementation Projects 0 0 Other 0 0 TOTAL DIRECT COST 20,843 20,843 Indirect Cost 0 0 TOTAL BUDGET 20,843 20,843 6.2. Out of state travel is prohibited except where such travel is specifically authorized in writing by A TCOG. 6.3. All expenditures under the "equipment", "construction", or"contractual" budget categories shall be approved in writing by ATCOG. 6.4. All expenditures under the "other" category shall be approved in writing by ATCOG. 6.5. Subject to the obligations and conditions set forth in this Agreement, title to all equipment and/or facilities (hereafter, "property") acquired under this Agreement will vest, upon acquisition or construction, in the Contractor. The use of property acquired under this Agreement, both during the term of this Agreement and for the useful life of the property, shall be in accordance with Section 361.014 (b) of the Texas Health and Safety Code Annotated, 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 or create a competitive advantage over a private industry that provides recycling or solid waste services. Contractor shall conduct physical property inventories, to maintain property records and necessary control procedures, and to provide adequate maintenance with respect to all property acquired under this Agreement for which Contractor retains title, as further set forth in Subsections (i) through (x) below. 15 ATTACHMENT C PAYMENT AND FISCAL MANAGEMENT (i) Contractor shall develop and use a property management system that conforms with all applicable state and local laws, rules, and regulations. If an adequate system for accounting for personal property is not in place or currently in use, the Property Accounting System Manual issued by the State of Texas General Services Commission shall be used as a guide for establishing such a system. A physical inventory of all property acquired or replaced under this agreement having an initial per unit purchase price of one thousand dollars ($1,000) or more, shall be conducted no less frequently than once every two years and the results of such inventories reconciled with the appropriate property records. Property control procedures utilized by Contractor shall include adequate safeguards to prevent loss, damage, or theft of the acquired property. Contractor shall develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event such equipment or property is sold. All property acquired or replaced under this Agreement shall be used by Contractor to support the purposes of this Agreement, for as long as the equipment or facilities are needed for such purposes, whether or not the original projects or programs continue to be supported by State funds. For property with a current fair market, per-unit value of five thousand dollars ($5,000) or less, Contractor may for the purpose of replacing the property acquired under this Agreement, either trade in or sell the property and use the proceeds of such trade-in or sale to offset the cost of acquiring needed replacement property. For property with a current fair market, per-unit value in excess of five thousand dollars ($5,000), Contractor shall, for the purpose of replacing the property acquired under this Agreement within six years of the initiation date of this Agreement, obtain written authorization from the ATCOG prior to trading in or selling the property and using the proceeds of such trade-in or sale to offset the cost of acquiring needed replacement property. Property with a current fair market, per-unit value of five thousand dollars ($5,000) or less, if no longer needed for the support of the authorized projects or programs under this Agreement, whether original or replacement, may be used in support of other activities currently or previously supported by A TCOG or alternatively, may be made available for use on other projects 16 ATTACHMENT C PAYMENT AND FISCAL MANAGEMENT or programs, providing such other use will not interfere with the work on those projects or programs for which such equipment or facilities were originally acquired or constructed. (ii) For property with a current fair market, per-unit value in excess if five thousand dollars ($5,000), if no longer needed for support of the authorized projects or programs under this Agreement, whether original or replacement, and within six years of the initiation date of this Agreement, Contractor shall obtain written authorization from A TCOG prior to changing the use of the property, to include selling or transferring ownership of the property. In requesting authorization for a change of use of the property, Contractor shall provide information as requested by ATCOG, to include information to assure that the new use of the property will adhere to the requirements of Section 361.014 (b) of the Texas Health and Safety Codes Ann. Prior to authorizing A TCOG to change the use of the property, A TCOG may, at its discretion, require Contractor to notify and request input from private industry providers of recycling or solid waste services in the area of proposed new use or activity, to determine that a competitive advantage issue does not exist. After six years of the initiation date of this Agreement, Contractor is not required to obtain authorization for a change in use of the property acquired under this Agreement, but the provisions of Section 361.014 (b) of the Texas Health and Safety Codes and shall still apply. (iii) If any property acquired or replaced under this Agreement is sold or transferred within six years of the initiation date of this Agreement, TNRCC is entitled to a share of the proceeds from such sale or may require the transfer of ownership of the property to a third party, provided the fair market, per-unit value of the property at the time of the sale is in excess of five thousand dollars ($5,000). The TNRCC'S share of the sale proceeds shall be the same percentage as was the funding provided under this Agreement that enabled the original purchase or acquisition of the property in question. Property that is no longer needed and that has a fair market, per-unit value of five thousand dollars ($5,000) or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to the TNRCC provided the other requirements set forth in this Agreement are met, including the requirements of Section 361.014 (b) of the Texas Health and Safety Codes Ann. 17 ATTACHMENT C PAYMENT AND FISCAL MANAGEMENT If, prior to the termination date of this Agreement, A TCOG determines that any property acquired with funds provided as a result of this Agreement is no longer needed for the original intended project, the A TCOG may require Contractor to transfer title and possession of such property to a third party named by A TCOG. A TCOG shall not grant or allow to a third party a security interest in any original or replacement materials, equipment, or facilities purchased or constructed with funds made available under this Agreement. SECTION 7.0 REQUEST FOR PAYMENT 7.1. Contractor shall be responsible for accurately completing and submitting request for payment documents to ATCOG monthly. ATCOG shall be responsible for processing and mailing payment to Contractor upon A TCOG's sole determination that Contractor has satisfactorily provided related performance in accordance with the terms of this Contract. A TCOG shall reimburse Contractor only for expenses incurred during the term of this Contract. Request for payment documents shall include but not be limited to the following: 7.1.1 Contractors Purchase Voucher (Attachment E, Exhibit 1.0) 7.1.2. Expense Report (Attachment E, Exhibit 2.0) 7.1.3. Quarterly Progress Report showing work accomplished 7.1.4 Contractor is required to maintain records and documentation materials as appropriate for the expense, include by category the records as listed: Sa/alVlWaaes - Time sheets that have been signed and approved. ~ - Documentation which, at a minimum, is consistent with State Travel Regulations. The purpose of the travel be documented and supported with actual receipts for hotel accommodations, public transportation receipts, airline receipts, etc. 18 ATTACHMENT C PAYMENT AND FISCAL MANAGEMENT Eauioment - Purchase orders, invoices, and canceled checks. Suoolies - Purchase orders (if issued), invoices and canceled checks. Contractua/- All of the above plus documentation that the costs were reasonable and necessary. The same standard shall be applicable to subcontractors. Q1l1BL - All of the above apply. 19 This page intentionally blank. ATTACHMENT D STANDARD PROVISIONS AND ASSURANCES Table of Contents 1.0 PERSONNEL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 2.0 AMENDMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 25 3.0 MONITORING, ASSESSMENT, AND CORRECTIVE ACTION. . . . . . . . . . . . . . . .. 25 4.0 TRANSFER OF INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26 5.0 SUBCONTRACTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 26 6.0 PROVISION FOR TERMINATION AND DAMAGES DUE ATCOG . . . . . . . . . . . . .. 26 7.0 CONTINGENT FEES ................................................ 27 8.0 EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION ...................... 27 9.0 DISPUTES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28 10.0 INTELLECTUAL PROPERTY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 28 11.0 CONTRACT WORK HOURS, HEALTH AND SAFETY STANDARDS. . . . . . . . . . .. 29 12.0 TERMS, PROVISIONS AND RULES OF GOVERNING ENTITIES. . . . . . . . . . . . .. 29 13.0 INDEMNIFICATION, LIABILITY AND INDEPENDENT CONTRACTOR. . . . . . . . .. 29 14.0 INSURANCE....................................................... 30 15.0 PROGRAM AND FUNDING RECOGNITION .............................. 30 16.0 ORAL AND WRITTEN AGREEMENTS ................................... 31 17.0 LEGAL AUTHORITY ................................................ 31 18.0 FINANCIAL STATUS REPORT ........................................ 31 19.0 SUPPLEMENTAL FUNDING STANDARDS ................................31 20.0 AUDIT I ACCESS TO RECORDS .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ATTACHMENT D STANDARD PROVISIONS AND ASSURANCES 21.0 AMERICANS WITH DISABILITIES ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 22.0 UTILIZATION OF SMALL, MINORITY, AND WOMEN'S BUSINESS ENTERPRISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 23.0 ENERGY EFFICIENT STANDARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 24.0 INDIRECT COSTS ................................................... 36 25.0 IMPLEMENTATION PROJECT CATEGORIES AND STANDARDS. . . . . . . . . . . . . . . 36 26.0 TITLE TO AND MANAGEMENT OF REAL PROPERTY AND EQUIPMENT. . . . . . . . .44 27.0 GENERAL CONDITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 28.0 PERMITS.......................................................... .51 29.0 LAWS AND REGULATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 30.0 SUBGRANT ACTIVITIES AS SET FORTH IN THIS SECTION. . . . . . . . . . . . . . . . . . 52 31.0 UNIFORM GRANT AND CONTRACT MANAGEMENT ACT. . . . . . . . . . . . . . . . . . . . 52 32.0 RECORDS, DOCUMENTS, DATA, ACCESS, AND AUDIT. . . . . . . . . . . . . . . . . . . . . 52 33.0 DATA AND PUBLICiTY................................................ 53 34.0 SAFETY AND PROTECTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 35.0 ACCOUNTING SYSTEMS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 36.0 INDEPENDENT FINANCIAL AUDIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .54 37.0 HAZARDOUS SUBSTANCES, WASTE DISPOSAL AND MANIFESTS. . . . . . . . . . . .54 38.0 CONFLICT OF INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 39.0 SURVIVAL OF OBLIGATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 40.0 CONTRACTUAL COSTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 41.0 TERMINATION...........................................,.......... .56 42.0 FORCE MAJEURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 ATTACHMENT D STANDARD PROVISIONS AND ASSURANCES 43.0 SCHEDULE OF REMEDIES AVAILABLE TO THE ATCOG . . . . . . . . . . . . . . . . . . . . .58 44.0 CUMULATIVE REMEDIES. . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . .59 This page intentionally blank. Attachment D Standard Provisions and Assurances SECTION 1.0 PERSONNEL 1.1. Contractor represents that it has or will secure, and agrees to furnish, personnel with the professional classification, skill, and expertise required to perform the services as described. Additionally, the Contractor will assume responsibility for work, and will provide all necessary supervision and coordination of activities that may be required to complete its requirements subject to the approval and concurrence required from ATCOG. None of the work or services covered by this Contract shall be sub-contracted without prior written approval of A TCOG. Prior notification and approval by A TCOG for any changes in personnel whose salaries are funded by this Agreement is required. SECTION 2.0 AMENDMENTS 2.1. Any changes, modifications or amendments to this Contract, or renewal thereof, must be made with the Drior written aODroval of ATCOG except as otherwise provided in this Contract. Such changes, modifications or amendments thereto, or renewal thereof, together with any approved amendment(s) as maintained on file by ATCOG, will be considered to be the controlling instruments(s) in case any dispute arises relative to the working of any portion of such changes, modifications or amendments thereof. If any such changes cause an increase or decrease in the cost of, or time required for performance of, any part of the work under this Contract, an equitable adjustment shall be made in writing prior to the implementation of such changes. In the event that the conditions, laws and/or regulations governing A TCOG and Contractor activity and performance required by this Contract are amended at any time subsequent to the making of this Contract, A TCOG shall appropriately notify the Contractor in writing. Upon receipt of such notification, Contractor shall have the option of agreeing to such amendments or notifying ATCOG that it cannot comply with such amendments and terminate this Contract. 2.2. Notwithstanding any other provision of this Contract, any change in the maximum obligation of A TCOG hereunder as indicated in this Contract, and all other changes, additions, deletions or other variances in the terms of this Contract must be made only by formal written amendment executed by the parties signatory to this Contract. SECTION 3.0 MONITORING, ASSESSMENT, AND CORRECTIVE ACTION 3.1. A TCOG may periodically monitor Contractor for: 3.1.1. The degree of compliance with the terms of this Contract, including compliance with applicable rules, regulations, and promulgations referenced herein; and 3.1.2. The administrative and operational effectiveness of the project. 3.2. ATCOG shall conduct periodic analysis of Contractor's performance under this Contract for the purpose of assessing the degree to which contractual objectives and performance 25 Attachment D Standard Provisions and Assurances standards, as identified in this Contract or as subsequently amended, are achieved by Contractor. SECTION 4.0 TRANSFER OF INTEREST 4.1. Contractor shall not assign any interest in this Contract and shall not transfer any interest in the same, whether by assignment or notation, without the prior written consent of ATCOG thereto. SECTION 5.0 SUBCONTRACTS 5.1. The services to be rendered by Contractor shall not be subcontracted without prior written approval of ATCOG's authorized and signatory representative. 5.2. ATCOG is in no way liable to Contractor's subcontractor. Subcontractors shall be responsible for any and all performances rendered to ensure compliance with all terms, conditions, and provisions of this Contract as is rendered by the Contractor. SECTION 6.0 PROVISION FOR TERMINATION AND DAMAGES DUE ATCOG 6.1. Either of the parties to this Contract shall have the right in such party's sole discretion and at such party's sole option to terminate and brina to an end performances to be rendered under this Contract in whole or in part, at any time prior to the completion date of this Contract, by notifying the other party in writing of such termination at least thirty (30) days prior to the effective date of termination. Upon termination or receipt of notice to terminate, ATCOG shall cancel, withdraw or terminate any outstanding orders or contracts which relate to the performance of this Contract or the part of this Contract to be terminated, and shall cease to incur costs hereunder. A TCOG shall not be liable to Contractor or its creditors for expenses incurred after this termination date. 6.2. A TCOG reserves the right to terminate this contract for any of the following reasons: 6.2.1. Failure of Contractor to comply with any terms of this Contract; or 6.2.2. Failure of the Contractor to comply with applicable local, state, and/or federal laws, amendments, rules or regulations; or 6.2.3. Failure of A TCOG to receive adequate funds for this purpose from appropriate state grantorlTNRCC identified in Attachment C. Pavment and Fiscal Manaaement. 6.3. Notwithstanding any exercise by ATCOG of its right of early termination pursuant to this Section, Contractor shall not be relieved of any Contractor liability for damaaes due to A TCOG by virtue of any breach of this Contract by Contractor. A TCOG may withhold any 26 Attachment D Standard Provisions and Assurances payment to Contractor until such time as the exact amount of damages due to A TCOG from Contractor is agreed upon or is otherwise determined. SECTION 7.0 CONTINGENT FEES 7.1. Contractor warrants that no person or company has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bonafide employees; nor has the Contractor paid or agreed to pay any person, company, corporation, individual or firm, other than a bonafide employee, any fee, commission, contribution, donation, percentage, gift, or any other consideration, contingent upon, or resulting from award of this Contract. For any breach or violation of this provision, A TCOG shall have the right to terminate this Contract without liability and, at its discretion, to deduct from the Contract price, or otherwise recover the full amount of such fee, commission, percentage, gift or consideration and any other damages, and shall be responsible for reporting the details of such breach or violation to the proper legal authorities, where and when appropriate. SECTION 8.0 EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION 8.1. Contractor assures that no person shall, on the grounds of race, age, religion, color, handicap, national origin, sex, political affiliation, or belief, be excluded from be denied the benefits of. or be subiected to discrimination under any program or activity funded in whole or in part under this Contract or otherwise under Contractor's control. Contractor shall comply with Title VI of the Civil Rights Act of 1964, as amended, (42 U.S.C. 2000(d) and with the provisions of 45 C.F.R. Part 80. 8.2. Contractor shall not discriminate against any employee or applicant for employment because he or she is a disabled veteran of the Vietnam era in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled veterans and veterans of the Vietnam era without discrimination based upon their disability or veteran's status in all employment practices. 8.3. Contractor shall not discriminate against any employee or applicant for employment because of ohvsical or mental handicaD in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Contractor agrees to comply with the rules, regulations, and relevant orders issued pursuant to the Rehabilitation Act of 1973, P. L. 93- 112, as amended by the Rehabilitation Act Amendments of 1973, P.L. 93-516, which are 27 Attachment D Standard Provisions and Assurances coded as 45 C.F.R. SECTION 9.0 DISPUTES 9.1. Contractor shall utilize the complaint procedure promulgated by those rules, regulations and laws identified in PART I PARTIES TO CONTRACT, as available, for all complaints arising under activities funded by this Contract unless otherwise provided for by the terms of this Contract. SECTION 10.0 INTELLECTUAL PROPERTY 10.1. For the purpose of this Section, "intellectual property" refers to 1) any discovery or invention for which patent rights may be acquired, and 2) any photographs, graphic designs, plans, drawings, specifications, computer programs, technical reports, operating manuals, or other copyrightable materials, and 3) any other materials in which intellectual property rights may be obtained. 10.2. If the Contractor first conceives of, actually puts into practice, discovers, invents, or produces any intellectual property during the course of its work under this Agreement, it shall report that fact to ATCOG. 10.3. The Contractor may obtain governmental protection for rights in the intellectual property. However, ATCOG and TNRCC hereby reserves a nonexclusive, royalty-free and irrevocable license to use, publish, or reproduce the intellectual property for sale or otherwise, and to authorize others to do so. ATCOG and TNRCC also reserves a royalty- free nonexclusive and irrevocable license to use, publish, or reproduce for sale or otherwise, and to authorize others to use, publish, or reproduce, for sale or otherwise (to the extent consistent with the rights of the third parties) any intellectual property for which the Contractor obtains rights with funds received under this Agreement. 10.4. In performing work under this Agreement, the Contractor shall comply with all laws, rules, and regulations relating to intellectual property, and shall not infringe on any third-party's intellectual property rights. It shall hold A TCOG harmless for, and to the extent permitted by the laws and Constitution of the State of Texas, defend and indemnify A TCOG against, any claims for infringement related to its work under this Agreement. 10.5. The Contractor shall Include provisions adequate to effectuate the purpose of this Section in all subagreements and subcontracts under this Agreement in the course of which intellectual property may be produced or acquired. 28 Attachment D Standard ProvisIons and Assurances SECTION 11.0 CONTRACT WORK HOURS, HEALTH AND SAFETY STANDARDS 11.1. Contractor shall comply and shall assure compliance by it.s subcontractor with the Occupational Safety and Health Act of 1970 and the Contract Work Hours and Safety Standards Act, 40 U.S.C. 327-333 and the regulations promulgated thereunder to the extent that such provisions apply to Contractor's performance pursuant to this Contract. Contractor shall also comply and shall also assure compliance by its subcontractors with any regulations promulgated by the Secretary of the U.S. Department of Labor establishing standards to protect the health and safety of workers or Contractor employees engaged in performance pursuant to this Contract that are not covered by the above laws, legislation and/or regulations. SECTION 12.0 TERMS, PROVISIONS AND RULES OF GOVERNING ENTITIES 12.1. Contractor shall ensure that the performance rendered under this Contract are rendered so as to comply with all the terms and orovisions of any contracts, grant agreements and/or any other legally binding contractual document existing between A TCOG and the state grantorlTNRCC identified in Attachment C. Pavment and Fiscal Manaaement. as if these performances were rendered by ATCOG. 12.2. This Contract shall be subject to all valid rules. reaulations. and laws applicable hereto passed or promulgated by the United States of America, a state, or any governmental body or agency having lawful jurisdiction or the authorized representative of agency of any of them. Reference herein to particular rules, regulations and laws of governmental bodies or agencies having lawful jurisdiction shall not be considered restrictive of the applicability of any other rules, regulations or laws applicable to this Contract or the subject matter contained herein. SECTION 13.0 INDEMNIFICATION, LIABILITY AND INDEPENDENT CONTRACTOR 13.1. Contractor agrees to the extent permitted by law, to indemnify, defend and save harmless ATCOG, its officers, agents and employees from any and all claims and losses accruing or resulting to Contractor and to any and all subcontractors, materials, persons, laborers and any other persons, firms or corporations, furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any persons, firms or corporations which may be injured or damaged by Contractor in the performance of this Contract. 13.2. ATCOG does not assume any Liability to third persons, nor will ATCOG reimburse the Contractor for its liability to third persons, with respect to loss due to death, bodily injury, or damage to property resulting in any way from the Contractor's performance of this Contract or any Contractor's subcontracts hereunder. 29 Attachment D Standard Provisions and Assurances 13.3. It is expressly understood and agreed by both parties hereto that ATCOG is contracting with Contractor as an indeoendent contractor. The parties hereto understand and agree that ATCOG shall not be liable for any claims which may be asserted by any third party occurring in connection with the services to be performed by Contractor under this Contract. SECTION 14.0 INSURANCE 14.1. Upon request, Contractor shall furnish ATCOG certificates of insurance evidencing insurance as follows: 14.1.1. Worker's Compensation and Employer's Liability. 14.1.2. Comprehensive General Liability for the following coverage in amounts not less than shown below: 14.1.2.1. Bodily Injuries: $100,000 per person (all hazards) $300,000 aggregate 14.1.2.2. Property Damage: (other than auto) 14.1.2.3. Property Damage: (automobile) $ 50,000 per occurrence $100,000 single limit $ 50,000 per occurrence 14.1.2.4. Product Liability Insurance: Personal Property: Bodily Injury: 14.1.3. Contractor Owned Vehicles: 14.1.3.1. Liability: Collision/Comp 14.1.3.2. Property Damage: $ 25,000 per accident $100,000 per accident $250,000 per person $500,000 aggregate $100,000 SECTION 15.0 PROGRAM AND FUNDING RECOGNITION 15.1. This Contract, ATCOG, its policy bodies, funding agencies and program sources shall be properly referenced and receive appropriate recognition for the part this Contract and the resource it represents in all activities, services and programs performed under the terms of this Contract. All projects shall require acknowledgment of financial support 30 Attachment D Standard ProvisIons and Assurances from ATCOG and TNRCC. 15.2. The Contractor shall acknowledge the financial support of ATCOG and the TNRCC whenever work funded, in whole or in 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 ATCOG or TNRCC shall carry the following notation on the front or title page: PREPARED IN COOPERATION WITH THE ARK-TEX COUNCIL OF GOVERNMENTS AND THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION. SECTION 16.0 ORAL AND WRITTEN AGREEMENTS 16.1. All oral or written agreements between the parties hereto relating to the subject matter of this Contract that were developed and executed prior to the execution of this Contract have been reduced to writing and are contained herein. SECTION 17.0 LEGAL AUTHORITY 17.1. Contractor assures and guarantees that it possesses the legal authority following an official motion, resolution or action passed or taken as required, giving Contractor legal authority to enter into this Contract, receive the funds authorized by this Contract, and to perform the services Contractor has obligated itself to perform under this Contract. 17.2. The person signing this Contract on behalf of Contractor hereby warrants that he has been fully authorized by Contractor to execute this Contract on behalf of Contractor and to validly and legally bind the Contractor to all the terms, performances and provisions herein set forth. 17.3. Contractor, if a corporation, certifies that it is registered with the Secretary of State of the State of Texas. 17.4 The Contract provisions shall be enforceable under Texas law. SECTION 18.0 FINANCIAL STATUS REPORTS 18.1. All Financial Status Reports shall contain sufficient identification of, and information concerning, the costs incurred so as to enable ATCOG to ascertain the eligibility of a particular expenditure and to enable subsequent audit thereof. SECTION 19.0 SUPPLEMENTAL FUNDING STANDARDS 19.1. In addition to the standards set forth in applicable statutes and regulations, the standards 31 Attachment 0 Standard Provisions and Assurances outlined below apply to all uses of the funds provided under this Agreement. Unless authorization is otherwise specifically provided for in or under terms of this Agreement, the Contractor shall ensure that the use of funds provided under this Agreement is in accordance with the supplemental funding standards set forth in this Article. (a) Payment of Fees. Contractor must not be in arrears on payments of their solid waste disposal fees to TNRCC at the time an implementation project is selected for funding. (b) Land Acquisition Costs. Funds provided under this Agreement may not be used to acquire land or an interest in land. (c) Municipal Solid Waste Related Programs Only. Funds provided under this Agreement may not be used for programs dealing with wastes that are not considered municipal solid waste (MSW), including programs dealing with industrial or hazardous wastes. (d) Programs Solely Related to Collection of Certain Special Wastes. Funds provided under this Agreement may not be used for programs and activities solely related to the management of scrap tires, used oil, oil filters, antifreeze, lead-acid batteries, or other special wastes excluded from disposal in MSW landfills. However, collection of these materials may be included as part of a comprehensive household hazardous waste collection and management program, so long as that is not the sole intent of the program. (e) Activities related to the Disposal of Municipal Solid Waste. Funds provided under this Agreement may not be used for activities related to the disposal of municipal solid waste. This restriction includes: solid waste collection and transportation to a disposal facility; waste combustion (incineration or waste-to-energy); processing for reducing the volume of solid waste which is to be disposed of; any landfill related facilities or activities including the closure and post closure care of a landfill; or other activities and facilities associated with the ultimate disposal of municipal solid waste. However, this provision does not apply to activities specifically included under an authorized project category, to include landfill scales, citizens' collection stations, and small registered transfer stations. In addition, activities that would otherwise be eligible for funding, such as recycling, but that are located at a disposal facility may be funded. (f) Projects Requiring a TNRCC Permit. Funds provided under this Agreement may not be used for expenses related to projects or facilities that require a permit from . TNRCC. This provision, however, does not apply to projects or activities that may . be located at a permitted faCility that, by themselves, would not require a permit and 32 Attachment D Standard Provisions and Assurances would otherwise be eligible for funding. (g) Projects Requiring TNRCC Registration. Projects or facilities that require registration with the TNRCC under state regulations, and which are otherwise eligible for funding, may be funded as an implementation project. However, only those expenses related to design and engineering work necessary prior to obtaining a registration may be reimbursed by A TCOG before the registration is finally received. No actual site development, construction, equipment purchase, or similar expenses may be reimbursed prior to and until such time that a registration is received. (h) Projects that Create a Competitive Advantage Over Private Industry. In accordance with Section 361.014 (b) of the Texas Health and Safety Code, a project or service funded under this Agreement must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition, the term private industry includes non-profit entities. (i) Supplanting Existing Funds. Funds may not be used to supplant salaries of an existing staff position, where the functions assigned to that position will not change. Staff positions where the assigned functions will remain the same and that were active at the time of the grant application, and were funded from a source other than a previous solid waste grant, are ineligible for grant funding. OJ Acquisition of Goods and Services. Recipients of funds under this Agreement must comply with all state and local laws and regulations pertaining to the acquisition of goods and services. In recognition of the requirement that projects not create a competitive advantage over a private industry, it is a goal of this program that competitive processes be used to the extent possible for all purchases using grant funds. In addition, grant recipients are encouraged to participate in the State Cooperative Purchasing Program. (k) Legislative and Lobbying Expenses. In accordance with state laws and regulations, funds provided under this agreement may not be used for expenses to support political activity, either directly or indirectly. As required under section 33, Article IX of H.B. 1, the standards set forth in section 5, Article IX of H.B. 1, shall apply to the use of funds provided under this Agreement. (I) Food I Entertainment Expenses. In accordance with the UGCMA, funds provided under this Agreement may not be used for food or entertainment expenses, including refreshments at meetings and other functions. This provision does not apply to authorized employee per diem expenses for food costs incurred while on 33 Attachment D Standard Provisions and Assurances travel status. (m) Use of Alcoholic Beverages. As required under section 33, Article IX of H.B. 1, the standards set forth in section 11, Article IS of H. B. 1, shall apply to the use of funds under this Agreement. In accordance with those standards, no funds provided under this Agreement shall be used for the payment of salaries to any employee who uses alcoholic beverages while on duty. None of these funds shall be used for the purchase of alcoholic beverages, including travel expenses reimbursed with these funds. 19.2. LOCAL ENFORCEMENT consist of projects which contribute to the prevention of illegal dumping. These projects may include programs to investigate illegal dumping problems, educate the public on illegal dumping laws, and prosecute violators. These programs may also include activities to enforce laws pertaining to the illegal disposal of liquid wastes. 19.2.1. FUNDS TO LAW ENFORCEMENT AGENCIES. Funds provided under this Agreement may not be provided to any law enforcement agency regulated by Chapter 415 of the Texas Government Code, unless the law enforcement agency is in compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415 of the Texas Government Code, or the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. 19.2.2. Funding limitations specific to this category: (a) This category may not include funding for enforcement activities related to the illegal disposal of industrial or hazardous waste. It is understood, however, that industrial or hazardous waste may periodically be discovered at illegal waste disposal sites. Such instances do not preclude the investigation of that site, so long as the funded program is specifically aimed at the illegal disposal of municipal solid waste. (b) Grant funds may not be used for either the cleanup of illegal disposal sites or the transportation and/or disposal of wastes collected during such cleanups. SECTION 20.0 AUDIT / ACCESS TO RECORDS The Contractor shall maintain and make available for review, inspection and/or audit books, records, documents, and other evidence reasonably pertinent to performance on all work under this 34 Attachment D Standard Provisions and Assurances Agreement, including negotiated changes or amendments thereto, in accordance with accepted professional practice, appropriate accounting procedures and practices at the Contractor's Texas office. The Contractor shall also maintain and make available at its Texas office the financial information and data used by the Contractor or its designee (including independent financial auditors) in the preparation or support of any cost submission or cost (direct and indirect), price or profit analysis of this Agreement or any negotiated subagreement or change order and a copy of the cost summary submitted to A TCOG. A TCOG, TNRCC, and the Texas State Auditor's Office or any of ATCOG's duly authorized representatives, shall have access to such books, records, documents, and other evidence for the purpose of review, inspection, and/or audit. During the conduct of any such review, audit or inspection Contractor's books, records and other pertinent documents may, upon prior conference with the Contractor, be copied by A TCOG or any of its duly authorized representatives. All such information shall be handled by the parties in accordance with good business ethics. The Contractor shall provide proper facilities within the State of Texas for such access and inspection. Audits conducted pursuant to this provision shall be in accordance with State law, regulations and policy, and generally accepted auditing standards and established procedures and guidelines of the reviewing or audit agency (ies). The Contractor agrees to the disclosure of all information and reports resulting from access to records pursuant to Section (a) above to ATCOG. Where the audit concerns the Contractor, the auditing agency will afford the Contractor an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. Records under Section (a) above shall be maintained and made available during the entire period of performance of this Agreement and until three (3) years from date of final ATCOG 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 costs or items to which as 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. 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 as long as the records are maintained. This audit/access to records Article applies to financial records pertaining to all subagreements and all subagreement change orders and subagreement amendments: to the extent the records reasonably pertain to subagreement performance; if any indication that fraud, gross abuse or corrupt practices may be involved; or if the subagreement is terminated for default or for convenience. ATCOG reserves the right to require the reimbursement of any over-payments determined as a result of any audit or inspection of records kept by the Contractor on work performed under this Agreement. The Contractor agrees to include Sections (a) through (g) of this Article in all subagreements and all change orders directly related to project performance. All Financial Status Reports (including required TNRCC Supplemental 269a forms) shall contain sufficient identification of, and information concerning, the costs incurred so as to enable ATCOG to ascertain the eligibility of a particular expenditure and to enable subsequent audit thereof. 35 Attachment D Standard Provisions and Assurances SECTION 21.0 AMERICANS WITH DISABILITIES ACT The Contractor shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101 - 12213 (Pamph. 1995). SECTION 22.0 UTILIZATION OF SMALL, MINORITY, AND WOMEN'S BUSINESS ENTERPRISES The Contractor agrees that qualified Historically Underutilized Businesses (HUBs) shall have the maximum practicable opportunity to participate in the performance of this Agreement. SECTION 23.0 ENERGY EFFICIENT STANDARDS The Contractor is encouraged to follow 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. 94-163). SECTION 24.0 INDIRECT COSTS Indirect costs may be authorized in accordance with the procedures established in the UGMS. In accordance with the UGMS, when Contractor has a negotiated agreement signed within the past 24 months by a federal cognizant agency or state single audit coordinating agency, the indirect rate authorized in that agreement may be accepted by the ATCOG. Alternatively, the ATCOG may authorize the Contractor to recover up to 10% (percent) of the direct salary and wage costs of providing the service (excluding overtime, shift premiums, and fringe benefits) as indirect costs, subject to adequate documentation. SECTION 25.0 IMPLEMENTATION PROJECT CATEGORIES AND STANDARDS The standards and requirements set forth in this Article shall apply to all implementation projects selected for funding under Article 6 of these Program Conditions, and finally funded under this Agreement. The A TCOG shall be responsible for ensuring that the implementation projects funded under this Agreement comply with the standards set forth in the Article. 25.1. ELIGIBLE IMPLEMENTATION FUNDING RECIPIENTS. Only those local and regional political subdivisions located within the State of Texas as set forth in the Section are eligible to receive funding from the A TCOG as a pass-through grant. 25.1.1. Cities 25.1.2. Counties 36 Attachment D Standard Provisions and Assurances 25.1.3. Public schools and school districts (does not include Universities or post secondary educations institutions). 25.1.4. Other general and special law districts created in accordance with state law, and with the authority and responsibility for water quality protection or municipal solid waste management, to include river authorities. 25.1.5. Councils of Governments. 25.1.6. Local and regional political subdivisions that are subject to the payment of state solid waste disposal fees and whose fee payments are in arrears, as determined by the TNRCC, are not eligible to receive pass-through grant funding from the ATCOG. The TNRCC shall provide, on a quarterly basis, the ATCOG a list of entities for which fee payments are in arrears. The A TCOG shall allow a potential pass-through grant applicant that is listed as being in arrears in its fee payments the opportunity to provide documentation of payment of the fees owed the state. If the potential applicant provides the A TCOG with documentation of payment of the fees, such as a canceled check or receipt from the state, the A TCOG may consider that applicant to be eligible to receive pass-through grant funding under this agreement. 25.2 IMPLEMENTATION PROJECT CATEGORIES. The ATCOG shall ensure that all implementation projects funded under this Agreement fit within the categories set forth in this Section. The category-specific funding limitations outlined for each category shall apply to all uses of funds under implementation projects conducted for that category. 25.2.1. LOCAL ENFORCEMENT. This category consists of projects which contribute to the prevention of illegal dumping of municipal solid waste, including liquid wastes. Under this category, grant recipients may investigate illegal dumping problems; enforce laws and regulations pertaining to the illegal dumping of municipal solid waste, including liquid waste; establish a program to monitor the collection and transport of municipal liquid wastes, through administration of a manifesting system; and educate the public on illegal dumping laws and regulations. Funding limitations specific to this category are set forth in this Section. 25.2.1.1. Funds provided under this Agreement may not be used for enforcement activities related to the illegal disposal of industrial or hazardous waste. Instances where industrial or hazardous waste may be discovered at an investigation site do not preclude the general investigation of that site, so long as the funded program is specifically aimed at the illegal disposal of municipal solid waste. 37 Attachment D Standard Provisions and Assurances 25.2.1.2. Funds provided under this Agreement may not be used for either the cleanup of illegal disposal sites nor the transportation and/or disposal of wastes collected at those sites. Note that while this restriction applies to ongoing enforcement programs dealing with illegal dumping, general community cleanup events that may include the cleanup and transportation of general litter and materials may be authorized under a separate category. 25.2.2. SOURCE REDUCTION AND RECYCLING. This category includes projects which provide a direct and measurable effect on reducing the amount of municipal solid waste going into landfills, by diverting various materials from the municipal solid waste stream for reuse or recycling, or by reducing waste generation at the source. Activities funded under this category may include: diversion from the waste stream and/or collection, processing for transport, and transportation of materials for reuse and/or recycling; implementation of efficiency improvements in order to increase source reduction and recycling, to include full- cost accounting systems and cost-based rate structures, establishment of a solid waste services enterprise fund, and mechanisms to track and assess the level of recycling activity in the community on a regular basis; and educational and promotional activities to increase source reduction and recycling. Funding limitations specific to this category are set forth in the Section. 25.2.2.1. Programs and projects funded under this category shall have as a goal and be designed to provide a measurable effect on reducing the amount of municipal solid waste being disposed of in landfills. 25.2.2.2. Any program or project aimed at demonstrating the use of products made from recycled and/or reused materials shall have as its primary function the education and training of residents, governmental officials, and others, in order to encourage support for recycling efforts. 25.2.2.3. Programs aimed at efficiency improvements in a local government's solid waste management system to increase the source reduction of solid waste must be coordinated with the TNRCC. Any program to develop a full-cost accounting system shall utilize the full-cost accounting guidance prepared by the TNRCC. 25.2.2.4. Projects funded under this Agreement may not include programs dedicated to the collection and/or recycling of automotive wastes, to include scrap tires, used oil, oil filters, antifreeze, or lead-acid batteries. This restriction includes the purchase of equipment to 38 Attachment D Standard ProvIsIons and Assurances shred or split scrap tires. However, this restriction does not apply to the ancillary collection of these materials as part of a comprehensive Household Hazardous Waste Collection facility or program. 25.2.3. LOCAL SOLID WASTE MANAGEMENT PLANS. This category includes projects to develop and have adopted by the TNRCC a local solid waste management plan, in accordance with Subchapter D, ~363 of the Texas Health & Safety Code, as implemented by TNRCC rule, TAC chapter 330, Subchapter 0., or to amend an existing local solid waste management plan that has been adopted by the TNRCC. Funding limitations applicable to this category are set forth in this Section. 25.2.3.1. The local planning area must be consistent with one or a combination of local solid waste management planning subregions identified by the A TCOG in its regional solid waste management plan. 25.2.3.2. All local solid waste management plans shall be consistent with the adopted regional solid waste management plan, and prepared in accordance with Subchapter 0 of the TNRCC's Municipal Solid Waste regulations (30 TAC Chapter 330) and the Content and Format Guidelines provided by the TNRCC. 25.2.3.3. Funding provided under this category may not be used for final engineering work, designs, or construction plans. 25.2.3.4. At least one year should be allowed for the completion and adoption of the local plan. 25.2.4 CITIZENS' COLLECTION STATIONS AND "SMALL" REGISTERED TRANSFER STATIONS. This category includes projects to construct municipal solid waste collection facilities in areas of the state which are under served by collection services or do not have access to proper disposal facilities. Projects funded under this category may include citizens' collection stations, as these facilities are defined under the TNRCC's Municipal Solid Waste regulations (30 TAC Chapter 330, ~330.2). Municipal Solid Waste Transfer Stations that quality for registration under ~330.4(d)(1) - (3) or ~330.4(r) of the regulations may also be funded. A project funded under this category shall include consideration of an integrated approach to solid waste management, to include providing recycling services at the site, if appropriate to the management system in place. Funding limitations specific to this category are set forth in this Section. 25.2.4.1. Transfer stations that require a permit from the TNRCC may not be funded. 39 Attachment D Standard Provisions and Assurances 25.2.4.2. Municipal solid waste transfer stations that qualify for registration under !l330.4(d)(1) - (3) of the Municipal Solid Waste regulations may be funded. 25.2.4.3. Transfer stations that qualify for a registration solely due to their locations within a permitted municipal solid waste facility, under !l330.4(d)(4), may not be funded. 25.2.4.4. Municipal solid waste transfer stations that qualify for a registration only under the provisions of !l330.4(q) of the Municipal Solid Waste regulations allowing for registration of facilities that recover 10% or more of the waste stream for reuse or recycling, but not also under the provisions of !l330.4(d) of the Municipal Solid Waste regulations, may not be funded. However, those components of a transfer facility dedicated to the reuse or recycling activities may qualify for funding under the source reduction and recycling grant category. 25.2.4.5. Municipal Solid Waste transfer stations that are used only in the transfer of grease trap waste, grit trap waste, septage, or other similar liquid waste, and which qualify for registration under !l330.4(r) of the Municipal Solid Waste regulations may be funded under this category. Specifically, !l330.4(r) of the regulations allows for registration of a liquid waste transfer facility that will receive 32,000 gallons a day or less. 25.2.4.6. Only the costs necessary to construct the facility and/or purchase and install necessary equipment may be funded. Costs associated with operating a facility once it is completed may not be funded. 25.2.4.7. Transfer stations that require a registration must have already received that registration from the TNRCC before a grant may be awarded. 25.2.5. HOUSEHOLD HAZARDOUS WASTE MANAGEMENT. This category includes projects which provide a means for the collection, recycling or reuse, and/or proper disposal of household hazardous waste, including household chemicals and other materials. Projects may include collection events, consolidation and transportation costs associated with collection activities, permanent collection facilities, and education and pUblic awareness programs. Funding limitations specific to this category are set forth in the Section. 25.2.5.1. Projects under this category must be coordinated with the TNRCC to ensure that all applicable regulations and guidelines are fOllowed. 40 Attachment D Standard Provisions and Assurances 25.2.5.2. Funds provided under this Agreement may not be used for costs related to the disposal of collected wastes. 25.2.5.3. Funds provided under this Agreement may not be used for programs and activities related to the collection and management of commercial, industrial and hazardous wastes. 25.2.5.4. Funds provided under this Agreement may not be used for programs and activities solely related to the management of scrap tires, used oil, oil filters, antifreeze, lead-acid batteries, or other special wastes excluded from disposal in municipal solid waste landfills. However, collection of these materials may be included as part of a comprehensive Household Hazardous Waste collection and management program, so long as that is not the sole intent of the program 25.2.6. INSTALLATION OF SCALES AT MUNICIPAL SOLID WASTE LANDFILLS. This category includes projects for the installation of scales and related equipment for the operation of those scales at a municipal solid waste landfill. Projects under this category may include design and engineering work, purchase and installation of scales and related equipment, site improvements necessary for equipment installation, and the purchase and installation of computer hardware and software necessary to operate the scales. Funding limitations specific to this category are set forth in this Section. 25.2.6.1. Funds may not be used for the operation of a scales system, once the system is in place. 25.2.6.2. Funds may only be used for those costs directly related to the scales system Ancillary equipment or facilities, such as a gate house, fencing, landfill entrances or road work, and other similar activities may not be funded unless they are clearly necessary for the installation and operation of the scales. 25.2.6.3. Onboard truck scales for solid waste collection vehicles are not eligible for funding. 25.2.7. TECHNICAL STUDIES. This category includes projects which include the collection of pertinent data, analysis of issues and needs, evaluation of alternative solutions, public input, and recommended actions, to assist in making solid waste management decisions at the local level. Projects under this category may also include research and investigations to determine the location and boundaries of closed municipal solid waste landfills in support of the regional solid waste landfill inventory program. Funding limitations specific to this 41 Attachment D Standard Provisions and Assurances category are set forth in this Section. 25.2.7.1. All technical studies shall be consistent with the adopted regional solid waste management plan, and prepared in accordance with the Content and Format Guidelines provided by the TNRCC. 25.2.7.2. Funding may not be used for final engineering work, designs, or construction plans. 25.2.7.3. A landfill or land filling may be the topic of a technical study only if it is part of an overall, integrated solid waste management system. However, this restriction does not apply to research related to an inventory of closed municipal solid waste landfill sites. 25.2.8. COMMUNITY CLEANUP EVENTS. This category includes projects to support periodic community cleanup activities, to include Lake and River Cleanup events and the TNRCC's Texas Country Cleanup program. Projects included under this category may include general community cleanup events designed to involve the residents and community in periodic cleanup of litter and trash within the community. In addition, projects may include Lake and River Cleanup events conducted in close coordination with the TNRCC's Lake and River Cleanup program. These events include periodic events involving the community to clean up litter and trash along the states rivers and lakes. Finally, projects may be conducted to support Texas Country Cleanups conducted in cooperation with the TNRCC's Texas Country Cleanup program to collect empty, properly rinsed pesticide containers, batteries, tires, used oil, and oil filters in rural areas which have historically had limited options in handling these types of waste. Funding limitations specific to this category are set forth in this Section. 25.2.8.1. Funding under this category is for periodic events involving residents and the community to clean up litter and to collect materials for recycling. Funds provided under this Agreement may not be provided for ongoing activities aimed at cleanup of chronic illegal dumping sites, major debris removal from waterways, and similar activities that go beyond the scope of general community cleanup activities. 25.2.8.2. Lake and River Cleanups and Texas Country Cleanups shall be closely coordinated with the appropriate TNRCC cleanup program staff. Prior to developing a proposal for these events, the applicant shall contact the TNRCC program staff to discuss potential program activities. Lake and River Cleanup programs shall be coordinated with the appropriate local or state Keep Texas Beautiful 42 Attachment D Standard Provisions and Assurances organization, which is coordinating the Lake and River Cleanup program under contract with the TNRCC. 25.2.8.3. Agricultural or household chemicals shall not be accepted under this program, unless a portion of the grant is also designated for a household hazardous waste collection event, in accordance with the standards and procedures under the Household Hazardous Waste project category. 25.2.8.4. Funds may not be used for the disposal of collected wastes. 25.2.9. EDUCATIONAL AND TRAINING PROJECTS. Educational components are encouraged under the other categories in order to better ensure public participation in projects; those educational components should be funded as part of those projects and not separately under this category. This category may be used for "stand-alone" educational projects dealing with a variety of solid waste management topics. This category may include funding for information-exchange activities, subject to the other limitations on travel expenses. Funding limitations specific to this category are set forth in this Section. 25.2.9.1. Programs and projects funded under this category shall be primarily related to issues involved in the management of municipal solid waste. Education or training events that cover a broader range of environmental issues may be funded on a partial basis appropriate to the extent to which municipal solid waste issues are covered. 25.3. PROJECT SCREENING CRITERIA. In order for any proposed project to be considered, the following screening criteria must be met. If these screening criteria are not met, the A TCOG shall ensure that the proposed project shall receive no further consideration for grant funding. The ATCOG shall clearly state these screening criteria on all RFA's and application materials, to ensure that all applicants are aware of the criteria set forth in this Section. 25.3.1. The application must be complete and all application requirements and procedures followed, including requirements to notify private service providers of the proposed project, when applicable. 25.3.2. The proposed project must conform to eligible category standards, eligible recipient standards, and allowable expense and funding standards, as established by this Agreement and under all applicable laws and regulations. 25.3.3. The applicant must agree to document the results of the project as 43 Attachment D Standard Provisions and Assurances required by the A TCOG. 25.3.4. The proposed project must be technically feasible, and there must be a reasonable expectation that the project can be satisfactorily completed within the required time frames. 25.3.5. The proposed project activities and expenses must be reasonable and necessary to accomplish the goals and objectives of the project. One factor in determining reasonableness of expenses shall be whether comparable costs are proposed for comparable goods and services. 25.3.6. The proposed project must be consistent with applicable goals, objectives, and recommendations of the adopted regional solid waste management plan. SECTION 26.0 TITLE TO AND MANAGEMENT OF REAL PROPERTY AND EQUIPMENT Subject to the obligations and conditions set forth in this Agreement, title to real property and equipment (together hereafter referred to in this Article as "property") acquired under this Agreement by the CONTRACTOR will vest upon acquisition or construction in the CONTRACTOR or the pass-through grant recipient respectively. 26.1 Subject to the provisions of this Agreement and as otherwise provided by state statutes, property acquired or replaced 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 state funds. 26.2 The CONTRACTOR 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 A TCOG under this Agreement. 26.3 The use of property acquired under this Agreement, both during the term of this Agreement and for the useful life of the property or until compensation is provided to the TNRCC for the applicable percentage share of the fair market value of the property, shall be in compliance with 9361.014(b) of the TEXAS HEALTH & SAFETY CODE ANN., 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 or create a competitive advantage over a private industry that provides recycling or solid waste services. 26.4 The CONTRACTOR may develop and use their own property management systems, which 44 Attachment D Standard Provisions and Assurances must conform with all applicable federal, state, and local laws, rules and regulations. If an adequate system for accounting for property owned by the CONTRACTOR 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 property management system used by the CONTRACTOR must meet the requirements set forth in this Section. 26.4.1. Property records must be maintained that include a description of the property, a serial number or other identification number, the source of the property, who holds title, the acquisition date, and the cost of the property, percentage of state participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 26.4.2. A physical inventory of all equipment acquired or replaced under this Agreement shall be conducted no less frequently than once every two years and the results of such inventories reconciled with the appropriate property records. Property control procedures utilized by the CONTRACTOR shall include adequate safeguards to prevent loss, damage, or theft of the acquired property. Any loss, damage, or theft shall be investigated. The CONTRACTOR shall develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event such propert.y is sold. 26.4.3. Certain types of equipment are classified as "controlled assets' and are subject to annual revision. In accordance with the UGMS, the CONTRACTOR should contact the Texas Comptroller of Public Accounts' property accounting staff or review the Comptroller's State Property Accounting User Manual available on the Internet, for the most current listing. Firearms shall be maintained on the CONTRACTOR'S inventory system irrespective of cost, and the following equipment with costs between $500 and $1,000 shall be maintained on the inventory system: (1) stereo systems, (2) still and video cameras, (3) facsimile machines, (4) VCRs and VCRITV combinations and (5) cellular and portable telephones. 26.5 The CONTRACTOR may for the purpose of replacing property acquired under this Agreement, either trade in or sell the property and use the proceeds of such trade-in or sale to offset the cost of acquiring needed replacement property. 26.6. The CONTRACTOR 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 $1,000 or 45 Attachment D Standard Provisions and Assurances more is no longer needed for the originally authorized purpose, the TNRCC has the right to required disposition of the property by the A TCOG or CONTRACTOR in accordance with the provisions of the Article. 26.7. When, during the useful life of the property acquired with grant funds under this Agreement by the CONTRACTOR and with a current per-unit fair market value of $1,000 or more, the property is no longer needed for the originally authorized purpose, the CONTRACTOR agrees to request disposition instructions from the TNRCC. When property acquired by a pass-through grant recipient with grant funds provided by the A TCOG under this Agreement is no longer needed for the originally purpose, the CONTRACTOR agrees to request disposition instructions from the A TCOG or, if the A TCOG is no longer administering a Regional Solid Waste Grants Program, the TNRCC. The ATCOG shall, in turn, request authorization from the TNRCC to provide disposition instructions to the CONTRACTOR. Disposition 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 of the proceeds. The assessment of whether to authorize the proposed disposition of the property must include a determination that the disposition plan will comply with the private industry provisions of~361.014(b) of the TEXAS HEALTH & SAFETY CODE ANN. In cases where the A TCOG or pass-through grant recipient fails to take appropriate disposition actions, the TNRCC may direct the ATCOG or pass-through grant recipient to take excess and disposition actions. The disposition instructions may provide for one of the alternatives as set forth in this Section. 26.7.1. Retain title, sell, or otherwise disposed of with no obligation to compensate the ATCOG. 26.7.2. Retain title after compensating the ATCOG. If the ATCOG is compensated by a pass-through grant recipient for property acquired using funds provided under this Agreement, the ATCOG will in turn compensate the TNRCC or, upon authorization by the TNRCC, use those funds for other projects or activities that support this or similar future programs conducted by the TNRCC. The amount due wil.1 be computed by applying the percentage of state-funded participation in the cost of the original purchase to the fair market value of the property. 26.7.3. Sell the property and compensate the ATCOG. If the ATCOG is compensated by a pass-through grant recipient for property acquired using funds provided under this Agreement, the A TCOG will in turn compensate the TNRCC or, upon authorization by the TNRCC, use those funds for other projects or activities that support the goals of this or similar future programs conducted by the A TCOG. The amount due will be calculated by applying the TNRCC's percentage of participation in the cost of the original purchase to the proceeds of the sale after 46 Attachment D Standard Provisions and Assurances deduction of any actual and reasonable selling and fixing-up expenses. If the grant is still active, the net proceeds from sale may be offset against the original cost of the property. When the ATCOG or a pass-through grant recipient is directed to sell property, sales procedures shall be followed that provide for competition to the extent practicable and result in the highest possible return. 26.7.4. Transfer title to the ATCOG or to a third-party designated/approved by the TNRCC. If the TNRCC or CONTRACTOR participated financially in the original purchase of the property, the A TCOG or the CONTRACTOR 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 market value of the property. 26.8. Items of property with a current per-unit fair market value of less that $1,000 may be retained, sold or otherwise disposed of by the ATCOG or CONTRACTOR with no further obligation to the TNRCC. Methods used to determine per-unit fair market value must be documented, kept on file and made available to the TNRCC upon request. SECTION 27.0 GENERAL CONDITIONS 27.1. Funding under this Agreement subject to funds in the MSWDTRF 27.1.1. It is the understanding of the parties that the source of the funds provided by the TNRCC is the Municipal Solid Waste Disposal and Transportation Revenue Fee (MSWDTRF). Due to demands upon that source for funds necessary to protect the health and safety of the public, it is possible that the funds contained in the MSWDTRF will be depleted prior to completion of this Agreement. The parties agree that all funding arranged under this Agreement is subject to sufficient funds in the MSWDTRF. 27.2. Employment Practices 27.2.1. The CONTRACTOR agrees that in the performance of this Agreement, it will not discriminate against any employee or applicant because of race, religion, color, sex, age, or national origin and it will comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). The CONTRACTOR assures that no 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, or be subject to discrimination under any program or activity funded in whole or part under this Agreement. 47 Attachment D Standard Provisions and Assurances 27.3. Statutes Relating To Nondiscrimination 27.3.1. The CONTRACTOR shall comply with all applicable state and federal statutes relating to nondiscrimination which include, but are not limited to, those listed in the Uniform Grant Management Standards. 27.4. Concerning Subcontractors, Suppliers and Others 27.4.1. All contractual expenditures using funds provided under this Agreement shall meet all procurement laws and regulations applicable to the A TCOG and CONTRACTOR and the Uniform Grant and Contract Management Act and the Uniform Grant Management Standards. Note that competitive bidding will generally be required. 27.4.2. The ATCOG shall be responsible for the management and fiscal monitoring of all subcontractors and subgrantees. The ATCOG shall monitor its subcontractors and subgrantees as necessary to ensure that the subcontractors and subgrantees are operating consistently with applicable laws and regulations, applicable contracting policies, and this Agreement. The A TCOG shall ensure that all subcontractors and subgrantees comply with all record keeping and access requirements set forth in this Agreement. The TNRCC reserves the right to perform an independent audit of all subcontractors and subgrantees. The ATCOG, subcontractors and subgrantees shall maintain detailed records. 27.4.3. Funds provided by the TNRCC pursuant to this Agreement that are paid to the subcontractor shall be used by the subcontractor solely to satisfy the purposes of the Agreement. 27.5. Intellectual Property Requirements 27.5.1. Intellectual Property requirements as set forth in this Section. 27.5.1.1. Royalties and Patent Fees. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use or possession in the performance of the work or the incorporation in the work of any Intellectual Property. 27.5.1.2. Disclosure of Intellectual Property produced during the work. CONTRACTOR shall promptly notify ATCOG of all Intellectual Property which ATCOG or ATCOG's employees, subcontractors, or subcontractor's employees may produce, either solely or jointly with others, during the course of the work. In addition, CONTRACTOR 48 Attachment D Standard Provisions and Assurances shall promptly notify ATCOG of all Intellectual Property to which CONTRACTOR may acquire rights .in connection with the performance of the work. Any notification under this paragraph shall contain sufficient technical detail to convey a clear understanding of the Intellectual Property, and shall identify any publication, sale, public use, or impending publication. Promptly upon request, CONTRACTOR shall supply such additional information as A TCOG may request. 27.5.1.3. - 27.5.1.4. Reserved 27.5.1.5. Grant of License. With respect to such Intellectual Property as is (i) incorporated in the work (other than Intellectual Property for which ATCOG already possesses equal or greater Intellectual Property Rights by virtue of this Agreement or otherwise), (ii) produced by CONTRACTOR or CONTRACTOR's employees, subcontractors, or subcontractor's employees during the course of performing the work, or (iii) specifically identified in the Supplemental Conditions as Intellectual Property to which Intellectual Property Rights are granted pursuant to this paragraph, CONTRACTOR hereby grants to ATCOG (i) a nonexclusive, perpetual, irrevocable, enterprise-wide license to reproduce, publish, or otherwise use such Intellectual Property and associated use documentation, and (ii) a nonexclusive, perpetual, irrevocable, enterprise-wide license to authorize others to reproduce, publish, or otherwise use such Intellectual Property for ATCOG's purposes. 27.5.1.6. Modification; Derivative Works. ATCOG shall have the right, in its own discretion, to independently modify any Intellectual Property to which license is granted herein for ATCOG's own purposes and use, through the services of its own employees or independent contractors. ATCOG shall own all Intellectual Property Rights to such modifications. CONTRACTOR shall not incorporate any such modifications into its Intellectual Property for distribution to third parties unless it first obtains a license from ATCOG. 27.5.1.7 CONTRACTOR shall comply with all Laws and Regulations relating to Intellectual Property. CONTRACTOR represents and warrants to ATCOG that CONTRACTOR will not infringe any Intellectual Property Right of any third party. CONTRACTOR further represents and warrants to ATCOG that in the course of performing the work it will not use or possess any Intellectual Property owned by a third 49 Attachment D Standard Provisions and Assurances party without paying any required royalty or patent fees. CONTRACTOR warrants that it has full title in and ownership of the Intellectual Property and any enhancements, updates or other modifications, or that it has full power and authority to grant all licenses granted herein, and that such license use by the ATCOG will in no way constitute an infringement or other violation of any Intellectual Property right of any third party. CONTRACTOR warrants that it shall have, throughout any applicable license term hereunder, free and clear title to, or right to possess, use sell, transfer, assign, license, or sublicense, products that are licensed or provided hereunder to the A TCOG by CONTRACTOR. Except as permitted in the Agreement, CONTRACTOR 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 A TCOG for which title has not yet passed to A TCOG, without the prior written consent of A TCOG . CON T R ACT 0 R represents and warrants to A TCOG that neither it or 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 ATCOG, or reserved by ATCOG, pursuant to the Agreement. 27.5.1.8. CONTRACTOR 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 2157.005 of the Government Code, relating to accessibility by persons with visual impairments. Accordingly, the CONTRACTOR represents and warrants to A TCOG that the technology provided to the A TCOG for purchase is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of (1) providing equivalent access for effective use by both visual and nonvisual means; (2) presenting information, including prompts used for interactive communications, in formats intended for 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 or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities 50 Attachment D Standard Provisions and Assurances 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 customizable display appearance. 27.5.1.9. CONTRACTOR will include in all subcontracts a provision similar in effect to the following Year 2000 Warranty as set forth in this Subsection. 27.5.1.9.1. CONTRACTOR also warrants that, with respect to work performed under this Agreement, that all work is Year 2000 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 work. CONTRACTOR warrants that the work meets all applicable standards of the Texas Department of Information Resources relating to the Year 2000 Compliance. In the event any work performed under this Agreement is not Year 2000 Compliant, and the CONTRACTOR is provided written notice thereof, CONTRACTOR shall at its sole expense immediately cause such work to become Year 2000 Compliant in a manner that will minimize interruption to ongoing business processes, time being of the essence. 27.5.1.10. The CONTRACTOR shall include provisions adequate to effectuate the purposes of this paragraph in all subcontracts and subgrants under this Agreement in the course of which Intellectual Property may be produced or acquired. 28.0 PERMITS 28.1. Unless otherwise provided in the Agreement, CONTRACTOR shall obtain and pay for all construction permits and licenses. CONTRACTOR shall pay all charges of utility owners fOr connections to the work, and CONTRACTOR shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 29.0 LAWS AND REGULATIONS 51 Attachment D Standard Provisions and Assurances 29.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the work. Except where otherwise expressly required by applicable Laws and Regulations, A TCOG shall not be responsible for monitoring Agreement's compliance with any Laws or Regulations. 30.0. SUBGRANT ACTIVITIES AS SET FORTH IN THIS SECTION 30.1. If CONTRACTOR performs any work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs losses and damages caused by, arising out of or resulting therefrom. 31.0. UNIFORM GRANT AND CONTRACT MANAGEMENT ACT 31.1. The provisions of Uniform Grant and Contract Management Act, TEXAS GOVERNMENT CODE, Chapter 783 applies to this Agreement, all amendments thereto, and all subcontracts and subagreements. Compliance with the conditions and requirements contained therein is necessary for the satisfactory performance of the services and work required under this Agreement. 32.0. RECORDS, DOCUMENTS, DATA, ACCESS, AND AUDIT 32.1. The CONTRACTOR shall maintain books, records, documents, and other evidence reasonably pertinent to performance of the work and requirements of the Agreement, including the Agreement or amendments thereto. All financial records shall be maintained in accordance with generally accepted accounting principles, the Uniform Grant Management Standards and this Agreement. The CONTRACTOR shall also maintain the financial information and data used in the preparation or support of any request for reimbursement (direct and indirect), price or profit analysis for this Agreement or any subagreement or subcontract and a copy of any cost information or analysis submitted to the ATCOG. The A TCOG, Texas State Auditor's Office, or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of review, inspection audit, excerpts, transcriptions and or copying during norrnal business hours. The CONTRACTOR shall provide proper facilities for such access and inspection. 32.2. The CONTRACTOR agrees that all record keeping and access requirements shall be included in and applicable to all subcontracts and subagreements. 32.3. The CONTRACTOR agrees to the disclosure of all information and reports resulting from access to records under this Agreement. 52 Attachment D Standard Provisions and Assurances 32.4. Records under paragraph 32.1. and 32.2. shall be maintained by the CONTRACTOR during performance of work under thi~ Agreement, and for three (3) years after final payments, final expenditure reports and all other pending matters are closed. If any litigation, claim, negotiation audit, cost recovery, or other action (including actions concerning costs of items to which an audit exception has been taken) involving such records has been started before the expiration of the three year period, such records must be retained until completion of the action or resolution of all issues which arise from it, or until the end of the regular three year period, whichever is later. 32.5. Access to records is not limited to the required retention periods. The entities designated in paragraph 32.1. shall have access to records at any reasonable time for as long as the records are maintained. 32.6. This right-of-access article applies to financial records pertaining to this Agreement and all subagreements and amendments. In addition, this right of access article applies to all records pertaining to this Agreement and all subagreements and amendments as set forth in this Section. 32.6.1. The extent the records pertain reasonably to Agreement or subcontract performance. 32.6.2. If there is any indication that fraud, gross abuse, or corrupt practices may be involved. 32.6.3. If the Agreement of subcontract is terminated for default or for convenience. 33.0. DATA AND PUBLICITY 33.1. All data and other information developed under this Agreement shall be furnished to the ATCOG and shall be public data and information except to the extent that it is exempted from public access by the Texas Public Information Act, TEXAS GOVT CODE Chapter 522 ("Act"). Upon termination of this Agreement, all copies of data and information shall be furnished, at no charge to the ATCOG, upon request, to include data bases prepared using funds provided under this Agreement, and become the property of the ATCOG. Except as otherwise provided by the Agreement or the Act, the CONTRACTOR shall not provide data generated or otherwise obtained in the performance of its responsibilities under this Agreement to any party other than the State of Texas and its authorized agents. 53 Attachment D Standard Provisions and Assurances 34.0. SAFETY AND PROTECTION 34.1. Where applicable, CONTRACTOR shall be responsible for reqUiring subcontractors and subgrantees to maintain and supervise all necessary safety precautions and programs in connection with the work. CONTRACTOR shall take all necessary safety precautions. 35.0. ACCOUNTING SYSTEMS 35.1. The CONTRACTOR shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles and complies with applicable State law, regulations, and policies relating to accounting standards or principles. The CONTRACTOR must account for costs in a manner consistent with such standards or principles. 36.0. INDEPENDENT FINANCIAL AUDIT 36.1. The CONTRACTOR shall engage an independent financial auditor and conduct an annual audit of the CONTRACTOR'S financial statements in accordance with the Single Audit provisions of UGMS and those items set forth in this Section. 36.1.1. All terms used in connection with audits in this Agreement shall have the definitions and meanings assigned in the Single Audit Circular in UGMS. 36.1.2. Provisions of the Single Audit Circular in Part IV of UGMS shall apply to all non-state entities expending the funds of this grant, whether they are recipients, receiving the funds directly from the TNRCC, or are subrecipients, receiving the funds from a pass- through entity (a recipient or another subrecipient). In addition, the CONTRACTOR shall require the independent auditor to supply all audit work papers substantiating the work performed, at the request of the TNRCC or its designee. 37.0. HAZARDOUS SUBSTANCES, WASTE DISPOSAL AND MANIFESTS 37.1. CONTRACTOR, subcontractors and subgrantees must comply with all applicable Laws and Regulations, including but not limited, to those relating to hazardous substances, waste disposal and manifests. 54 Attachment D Standard Provisions and Assurances 38.0. CONFLICT OF INTEREST 38.1. No employee, officer or agent of the CONTRACTOR shall participate in selection, or in the award or administration of a contract supported by State funds if a conflict of interest, real or apparent, would be involved. Such a conflict arises as set forth in this Section. 38.1.1. 38.1.2. 38.1.3. 38.1.4. The employee, officer or agent. Any member of his immediate family. His or her partner. An organization which employs, or is about to employ any of the above. When any of the above has a financial or other interest in the subcontractor selected, the officers, employees or agents will neither solicit not accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to Subcontracts. To the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the CONTRACTOR officers, employees, or agents, or by contracts or their agents. See Uniform Grant Management Standards, Subpart C, Sec._.36(3). 38.2. CONTRACTOR shall notify the ATCOG immediately upon discovery of any potential and actual conflict of interest. CONTRACTOR agrees that A TCOG has sole discretion to determine whether a conflict exists and that ATCOG may terminate the Agreement at any time, on the grounds of actual or apparent conflict of interest. 38.2.1. Notice of Conflict of Interest: The CONTRACTOR shall notify the A TCOG in writing of 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 both organizational conflicts of 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 conflict of interest. 39.0. SURVIVAL OF OBLIGATIONS 39.1. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Agreement, as well as all continuing 55 Attachment D Standard Provisions and Assurances obligations indicated in the Agreement, will survive final payment, completion and acceptance of the work and termination or completion of the Agreement. 40.0. CONTRACTUAL COSTS 40.1. CONTRACTOR'S contractual costs must comply with allowable costs requirements. CONTRACTORS which are governmental entities must engage in contractor selection on a competitive basis in accordance with their established policies. If CONTRACTOR has no competitive procurement policy or is a private entity, CONTRACTOR must generally select contractors by evaluation and comparison of price, quality of goods or services and past performance. All subgrants awarded by the CONTRACTOR under this Agreement shall be in accordance with Subpart C, Sec._.37, Subsection (b) of the State Uniform Administrative Requirements for Grants and Cooperative Agreements as set forth in Part III of the Uniform Grant Management Standards adopted by the Governor's Office of Budget and Planning. 41.0. TERMINATION 41.1. This Agreement shall terminate upon full performance of all requirements contained herein, unless extended in writing. 41.2. This Agreement may be terminated in whole or in part by the ATCOG in the event of a material failure to comply with the contract terms, in accordance with the Uniform Grant Management Standards; Provided that no such termination may be effected unless the other party is given as set forth in this Section. 41.2.1. Not less than ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate. 41.2.2. An opportunity for consultation with the terminating party prior to termination. 41.3. This Agreement may be terminated in whole or in part in writing by the A TCOG for its convenience, in accordance with the Uniform Grant Management Standards: Provided that the CONTRACTOR is given not less than ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate. Circumstances in which the ATCOG may terminate for convenience include, but are not limited to, the Texas Legislature's withdrawal of appropriations for this project and the depletion of funds in the Municipal Solid Waste Disposal and Transportation Revenue Fee. 56 Attachment D Standard Provisions and Assurances 41.4. If the ATCOG terminates the Agreement for a material failure to comply with the Agreement terms under Section 41.2. or the A TCOG ~erminates the Agreement for convenience under Section 41.3. an adjustment in the Agreement amount shall be made in accordance with the Uniform Grant Management Standards. 41.5. Upon receipt of a termination action pursuant to Sections 41.2. or 41.3. above, the CONTRACTOR shall perform the actions set forth in this Section. 41.5.1. Promptly discontinue all services affected (unless notice directs otherwise). 41.5.2. Deliver or otherwise make available to the ATCOG all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Agreement, whether completed or in the process. 41.6. RESERVED 41.7. If, after termination for failure of the CONTRACTOR to fulfill contractual obligation, it is determined that the CONTRACTOR had not so failed, the termination shall be deemed to have been effected for the convenience of the ATCOG. 41.8. If any delay or failure of performance is caused by a force majeure event as described in the force majeure Article of this Agreement, the ATCOG may in its sole discretion terminate this Agreement in whole or part pursuant to this Article. 42.0. FORCE MAJEURE 42.1. A force majeure event shall be defined to include decrees of or restraints by a governmental instrumentality, acts of God (except that rain, wind, flood or other natural phenomena normally expected for the locality shall not be construed as an act of God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, rebellion, and sabotage. 42.2. Provided this Agreement has not been terminated, and subject to the conditions below, if a delay or failure of performance by either party results from the occurrence of a force majeure event, the delay shall be excused and the time fixed for the completion of the work extended by a period equivalent to the time lost because of the event if, and to the extent as set forth in this Section. 57 Attachment D Standard Provisions and Assurances 42.2.1. 42.2.2. The delay or failure was beyond the control of the party affected and not due to its fault or negligence. The delay or failure was not extended because of the affected party's failure to use all diligence to overcome the obstacle or resume performance immediately after the obstacle was overcome. 42.3. No time extension shall be granted under this Article unless the party seeking relief has notified the other in writing within a reasonable time after commencement of the event, of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay, and the timetable by which the CONTRACTOR intends to implement these measures. The party seeking relief shall also give written notice of the ending of the event within a reasonable time after the event has ended. 42.4. The A TCOG shall be responsible for costs related to a force majeure event only if they are incurred by the CONTRACTOR after the prior written request by the A TCOG Project Representative, to incur such costs in connection with any force majeure event. Neither the A TCOG nor the CONTRACTOR shall have, and both hereby waive, any claim whatever for any damages resulting from delays caused by force majeure events. 43.0. SCHEDULE OF REMEDIES AVAILABLE TO THE ATCOG 43.1. In accordance with Chapter 2259, Texas Government Code, the following Schedule of Remedies applies to this contract in the event of substandard performance or other failure to conform to the requirements of the contract or applicable law as set forth in this Section. 43.1.1. 43.1.2. 43.1.3. 43.1.4. 43.1.5. Reject substandard performance and request corrections without charge to the ATCOG. Issue notice of substandard performance or other non-conforming act or omission. Request and receive return of any over payments or inappropriate payments. Reject reimbursement request and suspend payment pending accepted revision of substandard performance or non-conformity. Suspend all or part of the work and/or payments pending accepted 58 Attachment D Standard Provisions and Assurances revision of substandard performance or non-conformity. 43.1.6. Reject reimbursement requested and withhold all or partial payments. Funds may be retained by the ATCOG for recovery of administrative costs or returned to funding source as authorized by agreements with the funding source and by state or federal law. 43.1.7. Terminate the contract, demand and receive: return of all equipment purchased of contract funds, return of all unexpended funds, and repayment of expended funds. 43.2. If the ATCOG evaluation finds CONTRACTOR'S performance to be substandard, ATCOG may provide its written evaluation report to other governmental entities at any time. ATCOG may also provide its written evaluation report to the public as authorized by law. 44.0. CUMULATIVE REMEDIES 44.1. A TCOG may avail itself of any remedy or sanction provided in this Agreement or in law to recover any losses rising from or caused by the CONTRACTOR'S substandard performance or any non-conformity with the Agreement or the law. The remedies and sanctions available to A TCOG in this Agreement shall not limit the remedies available to the ATCOG under law. 44.2. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and in particular but without limitation, the Schedule of Remedies, obligations imposed upon CONTRACTOR by these General Conditions, and all other rights and remedies available to A TCOG thereunder, are in addition to, and are not to be in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Agreement, and the provisions of this paragraph will be as effective as if repeated specifically in the Agreement in connection with each particular duty, obligation, right and remedy to which they apply. 59 This page intentionally blank. ATTACHMENT E DEFINITIONS Table of Contents 1.0 PURCHASE VOUCHER INSTRUCTIONS ............................ 62 2.0 SAMPLE PURCHASE VOUCHER ................................. 63 3.0 EXPENSE REPORT INSTRUCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 64 4.0 SAMPLE EXPENSE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 65 5.0 EXPENSE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 6.0 SUMMARY REPORT (QUARTERLY). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69 7 .0 RESULTS REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 PURCHASE VOUCHER INSTRUCTIONS A. Name, address, city, state, and zip code of the grant recipient. B. Contract number, this number is on the first page of your contract in the right hand corner. C. This is the last four digits of your contract number. D. Fill in the payment period for this purchase voucher. The description may be copied from the sample voucher. Put in cumulative expenditures to date. E. Cumulative expenditures to date less amount on previous requisition and amount due this voucher. F. Blank column. G. Voucher total. H. Voucher total. I. Voucher must be signed by the person who signed the grant application, their title, telephone number, and the date signed. J. The remainder of the form will be filled out by A TCOG. EXPENSE REPORT INSTRUCTIONS A. Current month, date and year. B. Fill in budgeted amount. C. Fill in amount expended for this request. D. Fill in the cumulative total for all previous request submitted E. Fill in amount remaining (unexpended funds) in the budget. F. Signature of person who signed the contract. G. Attach any back-up documentation that will include receipts, copies of bills, etc. I Expense Report Date: a. 9/30/96 City of Cost Category Budget Amount Cumulative Amount Expended Expenditures Remaining To Date Equiprnent b. 22,500 c. 20,000 d. 20,000 e. 2,500 f. signature here Authorized Signature g. Please attach receipts to this document. (SAMPLE) - ~ Pay to: (Nama, Add,. _ City, Slato, Zip) PURCHASE VOUCHER (CIty County 'Schoo I ect...l ARK.TEX COUNCIL OF GOVERNMENTS P.O. 60x 5307 Toxari<ana. TX 75505-5307 , (Submit in Triplicato) ~Conl'aCl 0' Gram No: ~ Vendor No: c!. Dol",Il'" Data:?oriod and Doscription,gl Anlclu 'Ol'Sorvlees'Provided:t> >':.e. ~&.;h~t"~}:~~.,'..~: .:t.'ioi.~:<<;J~./':r-&,1"':~f ::::a.'~i-<:,iIi"*~{,l< .':'<';?:""~~,;':"~ Paymom Porod: -2./-1/.2.2. to ..~..J_1.L.22 Amount Due For reimbursement for the activities under the Ark-Tax Counc i I of Governments Regional Solid \/osta Monegement PI en Pass Through Grants as funded by the Texes Natural Resources Conservation Con\'lll ss i on Cummuletive expenditures to date 2,500.00 Less on PrIor Requisition ..0- Due this voucher I 2,500.00 , $2,500.00 Contract amount $7,500.00 Expended to dote 2,500.00 Bolonce remelning $5,000.00 S ample 0 c rler -'< $2,500.00 h. VOUCHER TOTAL ... ~ I eonC1y tha1 th; above nrvicos/goods wlr. Signature - Vendor RClpreslntativ.: Tolophono No: rtnderodtreotivod. and thll thO,. correspond In ,".ry way with the contrld und.r which they were 11110: Data: procurod and thaI tho Invoice is trUI and unnaid. ATCOG Dat' ~prov.d tor Payment: ATCOG DISTRIBUTION ACCOUNT AMOUNT APPROVAL FOR PAYMENT S~nC!ur.: TrJo: 1 Environmentol Resources PI anner S"Qnatut.: Tnlo: Director, Reg i one I Services V.r<ior No: Cod~ by: Chock No: . ' Oalo: , Aniount This page intentionally blank. I Expense Report Date: City of Paris Cost Category Budget Amount Cumulative Amount Expended Expenditures Remaining To Date Personnel/Salary I Authorized Signature Please attach receipts to this document. This page intentionally blank. FY Xl / 2001 REGIONAL SOLID WAS. ,GRANT PASS-THROUGH GRANT SUMMARY REPORT' (PORM. PT-Sl) 1. G~ant Recipient: 2. Contract No.: 3. Report No.: 4. Report period: From To: 5. Percent (~) Completed to Date: 6. Estimated Completion Date: 7. S,ATUS OF COMPLETION OF WORK TASKS': For ~ major work task or deloverable set forth in your grant contract, provide the following i:oformation (use the accompanying sheet): ~. Estimate the percent (\) complete of the task or deliverable. S. Briefly explain the activities conducted to date towards completing the task or deliverable. B~ sure to provide information on the status of equipment purchases and/or facility construction, if applicable. C. List the major activities remaining to be conducted towards completing the task or deliverable. D. Provide an estimated date for the completion of the task or deliverable. E. Explain any problems or delays in completing the task or providing the deliverable. 'p=-ov~de copies of all materials and documents produced .....ith <;ranc funds to date (e.9'., reports, plans. brochures, educational materials, videos, etc.). 6. SIGNATURE: Signature of Submitting Official 'YPed or Pri:oted Name and Title Date Submitted 9. ./ If Final Re ort Project Completion Certification: for the final report, the submittin9 official certifies that to the best of his/her knowledQe and belief. all taSK' and deliverables required under the qrant have been co~pleted, except as noted and fully explained in the report, and the terms ot the grant contract have been met. ":'101<::: p's',;~ rc~~ P";'-5: 108/9' I PASS-'l'HP.OtlGII GlUNT SmllUJtY UPORT STATtlS or COMPLETION or WORX TAS~S Shut ot 1. Taak/deliverable. A. Percent (t) completed: B. Activities conducted to date: C. Major activitie$ remaining to complete the task: O. Eetimated completio~ date: E. Comments: 2. Taak/deliverable. A. Percent (t) completed: B. Activities conducted to date: C. Major activities remaining to complete the task: D. Estimated completion date: E. Comments: 3. Taak/daliverable, A. Percent (t) completed: B. Activities conducted to date: C. Major activities remaining to complete the task: o. Estimated completioh date: E. Comments: AT'l'ACB AtIDI'fIONAL .~.T', II' nEDEO ~ASS-'I'lIROOGlI GRANT SID!)!)J(l ;PORT 5iATtl5 or COXPLll:TJ:ON or WOIUt TASXS Shut ot ,. Task/deliverable, A. Percent (t) completed: B. Activities conducted to date: C. Major activities remaining to complete the task: D. Estimated completion date: E. Comments: 5. T..k/dellverLble, A. Percent (t) completed: B. Activities conducted to date: c. Major activities remaining to complete the task: D. Estimated completion date: E. Comments: 6. Task/deliverable: A. Percent (t) completed: B. Activities conducted to date: C. Major activities remaining to complete the task: I I D. Estimated completion date: E. Comment-a: AnACH ADDITIONAL I~.'%", II' NZJ:I)ED PASS-THROOGH GRANT SOXMARY,RXPORT STATUS 07 COMPLETION 07 WORX TASXS Sh..t of REHARXS. Explain any problems encountered in conducting the overall project. Provide other information that may be helpful in understanding the etatus of the project. , I i . . . REGIONAL SOLID WASTE GRANTS PROGRAM RESULTS REPORT LOCAL ENFORCEMENT Reporting Parameter Cumulative Results Total funding awarded $ Total number of projects funded Total number of illegal dump sites investigated Number of small (< Sibs.) illegal dumping sites investigated Number of medium (5-100 Ibs.) illegal dumping sites investigated Number of large (> 1 00 Ibs.) illegal dumping sites investigated Total number of fines issued Total amount of fines collected $ Total number of illegal dumping sites cleaned up through enforcement actions Total amount of waste (in pounds) removed from illegal dumping sites through Ibs enforcement actions Number of projects expected to continue Comments: This page intentionally blank.