2000-014-RES ACCEPTING GRANT AWARD FOR FY 2000-2001
RESOLUTION NO. ?OOO-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, ACCEPTING GRANT AWARD FOR "FY 2000-2001 SOLID
WASTE IMPLEMENTATION GRANT"; AUTHORIZING THE
EXECUTION OF CONTRACT NO. 04310768; 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 4th day of
November, 1999, in Resolution No. 99-132, authorize an application to be made to the Ark-Tex
Council of Governments, in cooperation with the Texas Natural Resource Conservation
Commission, for the Regional Solid Waste Grant Funding for Fiscal Year 2000-2001; and,
WHEREAS, the Ark- Tex Council of Governments has issued its Grant A ward, entitled,
"Solid Waste Implementation Grant, Contract No. 043] 0768," for the period beginning February
1,2000 and ending January 31, 2001, in the total amount of $26,975.00, with the City of Paris
providing $46,730.56 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 and continue to improve the waste reduction and recycling
program in the City of Paris; and,
WHEREAS, the form of the "Solid Waste Implementation Grant, Contract No.
04310768," attached hereto as Exhibit A, should, ill all things, be approved, and the Mayor,
Charles H. Neeley, 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 of this resolution are hereby in all
things approved.
Section 2. That the Solid Waste Implementation Grant for the period beginning February
1,2000, and ending January 31,2001, in the total amount of $26,975,00, with the City of Paris
providing $46,730.56 in the form of in kind services, be, and the same is hereby, accepted; and,
Section 3. That the form of the "Solid Waste Implementation Grant, Contract No.
04310768," attached hereto as Exhibit A, be, and the same is hereby, approved; and,
Section 4. That the Mayor, Charles H. Neeley, be, and he is hereby, authorized and
directed to execute, on behalf of the City of Paris, the "Solid Waste Implementation Grant,
Contract No. 04310768," under the terms and conditions and in the form shown in Exhibit, A
attached hereto.
Section 5. That this resolulion shall be effective from and after the date of passage,
PASSED AND APPROVED this 14th day of February, 2000.
tllv: f./ -U,U;1-
Charles H. Neeley, Ma~
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 --Y..21J 00 To--1/....2!J~
Contract Number 04310768 /
EXHIBIT A
ARK-lEX COUNCIL OF GOVl .IIMENTS
CONTRACT FOR:
SOLID WASTE IMPLEMENTATION GRANTS
Contract
No.
Modification
No:
04310768
Ark-Tex Council of Governments
P. O. Box 5307
Texarkana, Texas 75505
City of Paris
P. O. Box 9037
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 ATCOG, and the City of Paris, hereinafter called "Contractor". The
Contractor covenants and agrees to provide services set forth in Attachment B. ScoDe 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 agreement.
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:
'-,,' '",,-.:/:<':',\,ii<
PAGE.~
. ATTACHMENT
A Definitions 5
B Scope of Services 9
C Payment and Fiscal Management 13
D Standard Provisions and Assurances 25
E Exhibits 62
PART III - PAYMENT OBLIGATION: A TCOG agrees to pay Contractor compensation for the described
services, a sum not to exceed $ 26.975.00 in accordance with the Budget, procedures and restrictions
identified in Attachment C Payment and Fiscal Manaaement. 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 an February 1. 2000 . and terminate on Januarv 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
and executed same as evidenced by the following signatures and dates:
Signature
Signature
Executive Director
Ark-Tex Council of Governments
Date
Mayor
City of Paris
Date
D:/Solid/FYOO Pas. Th'u/Adm 1 ma.ta,
ATTACHMENT A
DEFINITIONS
Table of Contents
1.0 SCOPE OF SERVICES DEFINITIONS.................................... 5
2.0 PAYMENT AND FISCAL MANAGEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
.\
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. Comoosting Proaram - Program to facilitate composting of yard trimmings and
other materials.
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 Reimbursement/Performance 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 February.
5
ATTACHMENT B
SCOPE OF SERVICES
Table of Contents
1.0 CONTRACTOR PROVIDED PERFORMANCE AND SERVICES ................ 9
2.0 ATCOG PROVIDED PERFORMANCE AND SERVICES ...................... 10
"
ATTACHMENT B
SCOPE OF SERVICES
SECTION 1.0 CONTRACTOR PROVIDED PERFORMANCE AND SERVICES
1.1. Contractor is to establish a composting program to enable composting or mulching of yard
trimmings.
1.1.1. Contractor shall be responsible for obtaining bids on compost pad materials no
later than March 25, 2000.
1.1.2. Contractor shall be responsible for the purchase and construction of compost
pad no later than September 25, 2000.
1.1.3. Contractor shall be responsible for operation of compost operation. Yard
trimmings will be chipped at the resident's home and left on-site or hauled to a
centralized composting facility. The mulch and compost will be made available
to the city and its residents for their use.
1.1.4. Contractor shall be responsible for operation of the composting program,
including the training of operators for the program.
1.1,5. Contractor shall be responsible for educating the public on use ofthe composting
facilities through advertisements.
1.1.6. Contractor shall be responsible for the quarterly and follow up reporting to Ark-
Tex Council of Governments (ATCOG) the amount of materials composted or
mulched 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 ATCOG 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. "Quarterly Recycled Report" - Attachment E, Exhibit 3.0 - Due on Mav 15,
AUGust 15, November 15, 2000 and March 15 2001.
,
"
1.2.4. "Quarterly Progress Report" - Due on May 15, AUGust 15. November 15, 2000
and March 15 2001.'
1.2.5. "Final Report" - Due March 15 2001. This report must certify the satisfactory
completion of all activities and deliverables required under this contract.
9
ATTACHMENT B
SCOPE OF SERVICES
1.2.6. "Follow up Report" - Due yearly on SeDtember 1. 2001 and 2002,
Contractor shall provide any additional reports or information as may be necessary to
adequately track the progress of the project.
SECTION 2.0 ATCOG PROVIDED PERFORMANCE AND SERVICES
2.1 The A TCOG Staff shall monitor Contractor for program compliance.
2.2. The ATCOG 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.
Payment and Fiscal Management.
2.3. ATCOG shall promptly disburse each payment to Contractor as described in Attachment C.
Pavment and Fiscal Management.
10
ATTACHMENT C
PAYMENT AND FISCAL MANAGEMENT
~
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
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, ATCOG agrees to pay Contractor
compensation for the services described in Attachment B, Scope 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 A TCOG 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 A TCOG'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, Scope 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 orinciples set forth in either OMB
Circular No. A-87 or A-110, as applicable, and the uniform administrative
requirements 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 Cateaories
State Amount
ImIll
Supplies
Equipment
Construction
Personnel/Salary
Fringe Benefits
Travel
Contractual
Implementation ProIects
Other
TOTAL DIRECT COST
Indirect Cost
$ 0
o
26,975
o
o
o
o
o
o
26,975
o
$ 0
o
26,975
o
o
o
o
o
o
26,975
o
TOTAL BUDGET
$ 26,975
$ 26,975
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 A TCOG.
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"l 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 (xl below.
.\
15
ATTACHMENT C
PAYMENT AND FISCAL MANAGEMENT
(i)
Contractor shall develop and use a property management system that
confonns 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 A TCOG 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 ATCOG or alternatively, may be made available for use on other projects
or programs, providing such other use will not interfere with the work on
16
ATTACHMENT C
PAYMENT AND FISCAL MANAGEMENT
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 ATCOG 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) ofthe Texas Health and Safety Codes Ann. Prior to authorizing
ATCOG to change the use of the property, ATCOG 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 ofthe 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.
.\
If, prior to the termination date of this Agreement, A TCOG determines that
17
ATTACHMENT C
PAYMENT AND FISCAL MANAGEMENT
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:
Salary/Wages - 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.
Eauioment - Purchase orders, invoices, and canceled checks.
18
ATTACHMENT C
PAYMENT AND FISCAL MANAGEMENT
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.
QJMl- All of the above apply.
,
,-
19
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 / 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 0
STANDARD PROVISIONS AND ASSURANCES
43.0 SCHEDULE OF REMEDIES AVAILABLE TO THE ATCOG . . . . . . . . . . . . . . . . . . . . .58
44.0 CUMULATIVE REMEDIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
,\
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 A TCOG. None of
the work or services covered by this Contract shall be sub-contracted without prior written
approval of ATCOG. Prior notification and approval by ATCOG 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 prior written aooroval 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 perfonnance 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 A TCOG 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 ATCOG hereunder as indicated in this Contract, and all other changes, additions,
deletions or other variances in the tenns of this Contract must be made only by fonnal
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. A TCOG shall conduct periodic analysis of Contractor's perfonnance under this Contract for
the purpose of assessing the degree to which contractual objectives and perfonnance
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 A TCOG's authorized and signatory representative.
5.2. A TCOG 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 brine 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,
A TCOG shall cancel, withdraw or terminate any outstanding orders or contracts which
relate to the perfonnance 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 tenns 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
Management.
6.3. Notwithstanding any exercise by ATCOG of its right of early tennination pursuant to this
Section, Contractor shall not be relieved of any Contractor liability for damages 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 physical or mental handicap 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 employmel;lt 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
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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 A TCOG.
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. A TCOG 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 ATCOG 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
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Standard Provisions and Assurances
SECTION 11.0 CONTRACT WORK HOURS, HEALTH AND SAFETY STANDARDS
11.1. Contractor shall comply and shall assure compliance by its 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 Drovisions 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. Payment and Fiscal Management, as if these
performances were rendered by A TCOG.
12.2. This Contract shall be subject to all valid rules re9ulations. 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 indemnitv, 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 perfonnance 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 Contr:'lctor in the performance of this Contract.
13.2. ATCOG does not assume any Liabilitv 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
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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 A TCOG 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 A TCOG 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, A TCOG, 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 A TCOG 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 D
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.
(I) 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 ATCOG 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) ofthe 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.
(j) 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 HoB. 1, the standards set forth in section 5, Article IX of HoB. 1, shall apply to the
use of funds provided wider this Agreement.
.\
(I) Food / 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 HoB. 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 I 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 perfonnance 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 ATCOG. ATCOG, 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 ATCOG 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 A TCOG 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) ofthis 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. A TCOG 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 PoL. 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 ofTexas 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 Govemments.
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,
govemmental 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
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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" orto 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
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Standard Provisions and Assurances
25.2.4.2. Municipal solid waste transfer stations that qualify for registration
under ~330.4(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
~330.4(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 ~330.4(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 ~330.4(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 ~330.4(r)
of the Municipal Solid Waste regulations may be funded under this
category. Specifically, ~330.4(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, consolidalion 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 c!ategory 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 tural 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
nonnally 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 ~361.014(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
property 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 VCRfTV 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 ATCOG or, if the ATCOG 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) ofthe TEXAS HEALTH & SAFETY CODE ANN. In cases where
the ATCOG 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
A TCOG.
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 will 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. Ifthe 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 ofthe property, the ATCOG 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 perfonnance 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 A TCOG 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 A TCOG or A TCOG'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
- A TCOG 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 A TCOG.
~
27.5.1.7 CONTRACTOR shall comply with all Laws and Regulations relating
to Intellectual Property. CONTRACTOR represents and warrants to
A TCOG . 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 0
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 ATCOG for which title has not yet passed to ATCOG,
without the prior written consent of A TCOG . CON T R ACT 0 R
represents and warrants to ATCOG 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 A TCOG, or reserved by A TCOG, 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 Disabilitiesi
so
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
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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 A TCOG. 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 normal 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 perfonnance of work under this 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 conceming 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 fumished
to the ATCOG and shall be public data and infonnation except to the extent that
it is exempted from public access by the Texas Public Information Act, TEXAS
GOV'T CODE Chapter 522 ("Act"). Upon termination of this Agreement, all
copies of data and information shall be fumished, 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.
,
..
S3
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
ss
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. Ifthe ATCOG terminates the Agreement for a material failure to comply with the
Agreement terms under Section 41.2. or the A TCOG terminates 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. or41.3. 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 A TCOG 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 A TCOG 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 ATCOG 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
ATCOG 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 A TCOG.
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.
Tenninate 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 ATCOG 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.
S9
ATTACHMENT E
DEFINITIONS
Table of Contents
1.0 PURCHASE VOUCHER INSTRUCTIONS ............................ 62
2.0 SAMPLE PURCHASE VOUCHER ................................. 63
3.0 EXPENSE REPORT INSTRUCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 64
~o SAMPLEEXPENSEREPOR~......... ...........................65
5.0 EXPENSE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
6.0 SUMMARY REPORT (QUARTERL Yl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .69
7.0 RECYCLE REPORT INSTRUCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
8.0 SAMPLE RECYCLE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
9.0 RECYCLE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 75
,
.-
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
comer.
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.
&!iJ Pay \0: (Naml, Addrl: "I1y, Slall, Zip)
PURCHASE VOUCh.,R (City County 'School .ct...)
ARK.TEX COUNCIL OF GOVERNMENTS
,
P.O. Box 5307
Tenrkene, TX 75505.5307 ~ Contrael or Grant No:
(Submh In Tripllcatl) ~ Vendor No:
cI. . Delwerv DatelPeriod end .Dllcription.of .Anh:I......S.rvIonf!lOvidad$ ~;...~ft..;~f$)::Ii;~-w* ,.:.L'~~~~.lfJ;/~:~..;,~t :~:a.;..j.;(' !it::t~;%,j~,~'_~;""';' 1:. _ ~.'~~:1'~..:~
Payment Period:
_~LJ-'.2i.lo _2.-'..1/~ Amount Due
For reimbursement for the actIvitIes under the
Ark-Tex Counc II of Governmants Raglonal Solid ,
W.ste M.nagement PI an Pass Through Grants as
funded by the Texas Natural Resources ConservatIon
Convnlsslon
,
CUlMlulatlve expendItures to date 2,500.00 ,
Less on Prior Requisition -0-
Due this voucher ! 2,500.00 $2,500.00
'!
-
Contract amount $7,500.00
Expended to date 2,500.00
Balance remainIng $5,000.00
sample 0 c 1er
~~oUCHERT6TA.L .. . ">"~, $2,500.00
"+
W I conity that tho above sorvj"".Jgood. were Signature - V.ndor Representativ.: , T ellphone No:
rondoredhecawod, and thaI they c:orrllpond In
every way whh Ih. contrael under which they were Thlo: Dale:
procured and that the Invoice is true and unpaid.
AlCOG DOl. Approvod lor Peym.nt: ATCOG DISTRIBUTION ACCOUNT AMOUNT
APPROVAl
FOR PAYMENT
Signature:
TllIo: j
.
Environment. I Resources Planner
Signaturo:
1410:
Director, Reg I ona I' Serv 1 ces
Vondor No: Cod~ by: Check No: . . Dati: ArIiount
,
.
"
EXPENSE REPORT INSTRUCTIONS
A.
B.
C.
D.
E.
F.
G.
Current month, date and year.
Fill in budgeted amount.
Fill in amount expended for this request.
Fill in the cumulative total for all previous request submitted
Fill in amount remaining (unexpended funds) in the budget.
Signature of person who signed the contract.
Attach any back-up documentation that will include receipts, copies of bills, etc.
'.
I Expense Report
Date: a. 9/30/96
City of Paris
Cost Category Budget Amount Cumulative Amount
Expended Expenditures Remaining
To Date
Equipment 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)
I Expense Report
Date:
City of Paris
Cost Category Budget Amount Cumulative Amount
Expended Expenditures Remaining
To Date
Construction $ 26,975
-
Authorized Signature
Please attach receipts to this document.
, '".,-
PY
lS /1999 REGIONAL SOLID WASTE ,RANT
PASS-THROUGH GRANT SUMMARY REPORT
(PORl{ PT-S1)
.
1. Grant Recipient:
2. Contract No. :'
3. Report No. :
4. Report Period:
From
To:
5. Percent (tl Completed to Date:
6. Estimated Completion Date:
7. STATUS OF COMPLETION OF WORK TASKS': For AASU1 major work task or
deliverable set forth in your grant contract, provide the following
information (use the accompanying sheet) :
A. Estimate the percent (%) complete of the task or deliverable.
B. Briefly explain the activities conducted to date towards completing
the task or deliverable. B~ sure to provide iQformation on the
status of equipment purchas'elil 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.
'Provide copies of all materials and documents produced with grant funds to date (e.g.,
reports, plans, brochures, educational materials, videos, etc.).
B. SIGNATURE:
Signature' of Submitting Official
Typed or Printed Name and Title
Date Submitted
9. ~ If Final Report
Project Completion Certification:
I
I
For the final report, the submitting official certifies that to the best of his/her
knowledge and belief, all tasks and deliverables required under the grant have been
completed, except as noted and fully explained in the report, and the terms of the grant
con~ract have been met.
TNRCC kSWG FORM 'T-51 IOB/911
.
.
, '
PASS -THROtrGll GRANT lItl1111UJty RllPORT
STATtrS OF COMPLETION OF WORX TAS~S
Sheet of
1. Teak/dalivarable.
A. Percent (t) completed:
B. Activities conducted to date:
C. Major activitie* remaining to complete the task:
.
D. Estimated completion date:
E. comment.:
2. Teak/deliverable.
A. Percent (t) completed:
B. Activities conducted to date:
C. Major activities remaining to complete the task:
D. Estimated completion date:
E. comment.:
3. Teak/deliverable.
A. Percent (t) completed:
B. Activities conducted to date:
C. Major activities remaining to complete the task:
D. Estimated completion date:
E. Comments:
A'I"1'AC8 ADDITIONAL .~.T., IF NZEDED
,PASS-THROtrGH GRANT StlIIIIUJtY :
STATtlS 01' COXl'LET:rON 01' WOIUC
Sheet of
JRT
TASItS
4. Task/deliverabl..
A. Percent (t) completed:
B. Activities conducted to date:
C. Major activities remaining to complete the task:
D. Estimated completion date:
E. Comments:
5. Teak/deliverable.
,I
'!
A. Percent (t) completed:
B. Activities conducted to date:
C. Major activities remaining to complete the task:
D. Estimated completion date:
E. Comments:
6. Teak/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. Conunents:
AnA.CH ADDITIONAL aJ[U;TI, XF MEEDED
.
; ,
PASS-THROtrGH GRANT StlllllUJtY RllPORT
STATtrS OF COXPLBTION OF WORX TASU
Shut of
REKARXS. Explain any problems encountered in conducting the overall project. Provide
other information that may be helpful in understanding the status of the project.
'!
.
.
RECYCLE REPORT INSTRUCTIONS
A. Fill in date.
B. Put the amount of material recycled in the respective column. If you have a material
that is not on this form, put it under the other column and write the material name in.
C. Sign your name to the form.
D. Attach receipts from the entity and purchasing materials to backup the report.
IRecycle Report
Date: a. 4/03/00
AMOUNT (In Cubic Yards: Otherwise Indicate Measurement)
Yard Whits Nswspaper Aluminum Stssl Glass Plastic Other
Trimmings Paper
b. 200 Ibs. b. 400 Ibs. b. 100 Ibs.
c. You sic;," here
Authorized Signature
d. Please attach receipts to this document.
(SAMPLE)
I Recycle Report
Date:
AMOUNT
(In Cubic Yards: Otherwise Indicate Measurement)
Yerd White Paper N8W1Ipeper Aluminum Steal Glass Plaotlc Other
Trlmmlnas
,\
Authorized Signature
Please attach receipts to this document