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1997-135-RES WHEREAS,CITY COUNCIL DID HERETOFORE ON THE 11TH DAY OF AUGUST 1997 I . . RESOLUTION NO. 97-135 WHEREAS, the City Council of the City of Paris did heretofore, on the lIth day of August, 1997, in Resolution No.97-096, authorize an application to be made to the Ark-Tex Council of Governments, in cooperation with the Texas Natural Resource Conservation Commission, for the "FY 1998 Solid Waste Grant, Category 1: Source Reduction and Recycling"; and, WHEREAS, the Ark-Tex Council of Governments has issued its Grant Award in the total amount of $26,000.00, with $88,083.60 to be provided by the City of Paris 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 source reduction and recycling program in the City of Paris; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the "FY 1998 Solid Waste Grant, Category 1: Source Reduction and Recycling," in the total amount of $26,000.00, with $88,083.60 to be provided by the City of Paris in the form of in-kind services, be, and the same is hereby. accepted; and, BE IT FURTHER RESOLVED, that the City Manager of the City of Paris, Michael E. Malone, be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Grantee Acceptance Notice under the terms and conditions and in the form shown in Exhibit A, attached hereto. PASSED AND ADOPTED <h;, 1000.my "fN":::;;:~~,"~. __ ~~~ Eric S. Clifford, Mayor ATTEST: ~~\'~~~~~'~ ~~ Mattie Cunningham, City Clerk APPROVED AS TO FORM: ~4~ '-t. K. aynes, ity Attorney EXHIBIT A i ..' , ARK-TEX:cotJNClL OF GOVERNMENTS CONTRACT FOR: Contract No. / 4 3 1 1 805 SOLID WASTE IMPLEMENTATION GRANTS Modification No: I ',~?~~~:~~~~t~~~~$~~1=~~,TCOG,~~_~~~f~~: _ ~.:_.~ '-~~~""Y~ii&'- 'CONTRACTOR':."....~... 'e'. ....-...0,- '" ,!;;.u~ _ ;~...~ '~~"It~,,~'i-.~';"~;.. .' .:. _i~~~~~; I.;~;~.',",:",:~;,;:,;~" '~z: "". Ark-Tex Council of Governments City of Paris P. O. Box 5307 P.O. Box 9037 T exarkana, Texas 75505 Paris. Texas 75461.9037 PART 1 - PARTIES TO CONTRACT: This contract is entered into, by and between the Ark.Tex Council of Governments. hereinafter called ATCOG, and the Citv o( Psrfs. hereinafter called "Contractor" . The Contractor covenants and agrees to provide services set forth in Attachment B, Scooe of Services. in accordance with the terms and conditions of this Contract and all applicable laws and regulations: including, but not limited to the following: Texas Senate Bill 1051 and Texas Solid Waste Disposal Act, Texas Health and Safety Code f341 ,343,361-365,368, and 371, Texas Housebill 3072, Resource Conservation and Recovery Act, Clean Water Act, Clean Air Act, f 330.569 of TNRCC Municipal Solid Waste Regulations (30 T AC Chapter 330), Uniform Grant and Contract Management Act, Texas Government Code Ann. f f 783.001 et. seq. And the Uniform Grant and Contract Management Standards, 1 Texas Administrative Code,f f 5.141 et. seq. Neither the TNRCC nor the State of Texas is a party to this agreement. f'ARt.,lt-AlTACHMEffiS: This Contract and/or modification thereto consists of this page plus all of tha following identified exhibits and attachments which are hereby incorporated in this contract in their entirety by specific reference: :';';;'-""i~~' .(,,~;.,:';:-}:i";;' '~'~.,~:...., ~~~~{~~~~~?f~tt;~!~~11~~~i?~E~':9~f~l!g~~I~tit~~~~~t~j :~e.GE-3~' A TTAcHMEI'r(~ '-.. ,- ,.'w_.....,~ A Lleflnltlons 5 B Scope Of Services :::I . C. Payment and FIscal Management 1;:1 0 Standard ProvIsions and Assurances 1:::1 . T ""EXlliDrts 35 If"- ," - PAYMENT OBLIGATION: ATCOG Contractor compensation for the described PART III agrees:to pay services; a sum not to exceed $26.000.00 in accordance with the Budget, procedures and restrictions .. identified in Attachment C. Payment and Fiscal Manaoement. This amount shall constitute full and complete payment for the services to be provided under this Contract. ~. .PART IV . CONTRACT PERIOD OF PERFORMANCE: The period of performance under the provisions of this Contract shall begin on Seotember 1.1997, and terminate on January 15.1998, unless prior to that date cOf.ltractor receives a properly executed modification to this contract extending the above performance period. .1- PART V -CONTRACT EXECUTION: ATCOG and Contractor have agreed to the terms of this Contract anoexecuted:sa1mr as,evidenced by the following signatures and dates: :'~':::~~~~~~"':~~;::(":'~'~':::~+i~~t:~:...~~~~~'1;, ~~~~~O!YT~PTQ~?f~~~~~~~~t~~- "'" -"",-.,. "'" ....$4 TCOG "-<.',"- ,',;",,~_.. - .~ ". :,':"...;.?il-"..,_ f'.~'::-:;::"~'.~l:...\_ ,,)~'t':, .", .' ~~>,/f~~,:~~.,~tf~&r~:;.1,'- Signature Signature Cl VfOrd _c. , . Eric S. Executive Director Mayor ps4 fit An-Tex Council of Governments , City of ) ~ste - . Date November 19, 1997 C:\CONTRACT\admsldcv , AnACHMENT A DEFlNmONS Table of Contents 1.0 SCOPE OF SERVICES DEFINmONS..................................................................... 5 2.0 PAYMENT AND FISCAL MANAGEMENT.............................................................. 5 " , , , AnACHMENT 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 Ant- Tex Council of Governments Regional Solid Waste Management Pian. 1.1.2. Comoostino Prooram . Program to facilitate collection and reuse of compostable 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 ReimbursemenllPerformance Driven - A contract in which reimbursement occurs after costs are incurred, based on actual disbursement of funds and is tied to performance criteria. II 2.1.2. Quarterlv - For purposes of this contract, Quarterly is defined as every three (3) months beginning with the month of September. " ,) , I~ Page 5 of 46 AnACHMENT B SCOPE OF SERVICES Table of Contents 1.0 CONTRACTOR PROVIDED PERFORMANCE AND SERVICES ................ 9 .; 2.0 ATCOG PROVIDED PERFORMANCE AND SERVICES ....................... 9 II .J , . '!! " An ACHMENT B SCOPE OF SERVICES SECTION 1.0 CONTRACTOR PROVIDED PERFORMANCE AND SERVICES 1.1. Contractor is to establish a compostin9 program to enable composting or mulching of yard trimmings. 1.1.1. Contractor shall be responsible for obtaining bids on a pull behind compost turner no later than December 15, 1997. 1.1.2. Contractor shall be responsible for the purchase of a pull behind compost turner no later than January 10, 1997. 1.1.3. Contractor shall be responsible for operation of compost turner. Yard trimmings will be chipped at the resident's home and left on-site or hauled to a centralized compostin9 facility. The mulch and compost will be made available to the city and its residents for their use. I 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 of the 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 com posted 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 A TCOG receives the following reports and notices within the time limits specified below: ' 1.2.1. "Contractor Purchase Voucher" - Attachment E, Exhibit 1.0 1.2.2. "Expense Report" - Attachment E, Exhibit 2.0 1.2.3. "Quarterly Recycled Report". Attachment E. Exhibit 3.0. Due on January 30. "~.,' 1.2.4. "Quarterly Progress Report" - Due on January 30 1998. 1.2.5. "Final Report" - Due January 30 1998. This report must certify the satisfactory completion of all activities and deliverables required under this contract. ,Il Page 9 of 46 AnACHMENTC 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 FORPAYMENT ........................................... 17 . '1,1 , AnACHMENT 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 I' \ 7.0 REQUEST FOR PAYMENT ........................................... 17 . I 1): ~ AnACHMENT 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 A TCOG grantorlfunding 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. 1\ 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 descnbed in Attachment 8 Scooe. of Services, and a sum not to exceed the amount identified in PART III. PAYMENT OBLIGATION. Said payment is to be provided in accordance with the budget, procedures and . restrictions identified in this Contract. 2c2: Contractor may account for expenses incurred and request reimbursernenf of outlays under either a cash or an accrual basis, 'as defined and authorized under the UGCMA To be eligible for reimbursement under thisagreernent a cast must have been Incurred and. either paid by. the contraCtor prior to claiming reimbursement from ATCOG or incurred by the last day of the. time period indicated on a request for reimbursement form and liquidated no later than forty- five (45) days after the end of the contract period. 2.3 ATCOG, from time to time, may providewritlen notification t~ 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 under this Contract. Such notification (s), if any, will specify ATCOG"S maximum obligation to Contractor as of the effective date of such notification. , Page 1 3 of 46 , . 'Ij ; Attachment -C Payment and Fiscal Management -;:,;.; .~. ..: ... ." - in writing by A TCOG. 6.3. All expenditu~s under the "equipment, "~construction," or "contractUal" budget categories shall be approved in writing by ATCOG. . 6.4. All expenditures undertlie""other" category shall be approved in writing by ATCOG. 6.5. Property with a current fair market per unit value in excess of five thousand dollars shall not be sold or transferred for a period of six years without the written consent of the Texas Natural Resource Conservation Commission. Subject to the obligations and conditions set forth in this Agreement, title to all equipment anellor facilities (hereafter, "property") acquired under this Agreement will vest, upon acquisition or construction, in the Contractor. The use of property acquired under this Agreement, both during the term of this Agreement and for the useful life of the property, sha11 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 recycliilg or solid Waste services. ATCOG 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 A TCOG retains tille, as further set forth in Subsections (1) through (x) below. (i)' ATCOG shall develop and use a property,management system that conforms With all applicable state and local laws, roles, 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 ublized by ATCOG shall include adequate safeguards to prevent loss, damage, or theft of the acquired proPerty. ATCOG 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 I \ 11 ~ , " Page 15 of 46 Attachment C Payment and Rscal Management (iii) advantage issue does not exist After six years of the initiation date of this Agreement, ATCOG 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 Ann. Shall still apply. If any property acquired or replaced under this Agreement is sold or transferred within six years of the initiation date of this Agreement, the TNRCC is entitled to a share of the proceeds from such sale or may require the transfer of ownership of the property to a third party, provided the fair market, per-unit value of the property at the time of the sale is in excess of five thousand dollars ($5,000). The TNRCC ' s share of the sale proceeds shall be the same percentage as was the fundin9 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 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 any proPerty acquired with funds provided as a result of this Agreement is no longer needed for the original intended project, the TNRCC may require ATCOG to transfer title and possession of such property to a third party named by TNRCC. '. Ii , ATCOG 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 fo~ accurately completing and submitting request for payment documents to ATCOG monthly. ATCOG shall be responsible for processing and mailing payment to Contractor upon A TCOO's sole determination that Contractor has satisfactonly 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: . ~j 1 I . Page 17 of 46 ATTACHMENT D STANDARD PROVISIONS AND ASSURANCES Table of Contents 1.0 PERSONNEL 2.0 AMENDMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.0 MONITORING, ASSESSMENT, AND CORRECTIVE ACTION . . . . . . . . . . . . . . . . . 4.0 TRANSFER OF INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.0 SUBCONTRACTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.0 PROVISION FOR TERMINATION AND DAMAGES DUE ATCOG .............. 7.0 CONTINGENT FEES ................................................ Ir.O . EQUAL OPPORTUNITY AND AFFiRMATIVE ACTION ...................... 9.0 DISPUTES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.0 INTELLECTUAL PROPERTY .......................................... 11.0 CONTRACT WORK HOURS, HEALTH AND SAFETY STANDARDS. . . . . . . . . . . . 12.0 TERMS, PROVISIONS AND RULES OF GOVERNING ENTITIES. . . . . . . . . . . . . . 13.0 INDEMNIFICATION, LIABILITY AND INDEPENDENT CONTRACTOR .......... 14.0 -INSURANCE....................................................... 15.0 PROGRAM AND FUNDING RECOGNITION .............................. 113.0 ORAL AND WRITTEN AGREEMENTS . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . 17.0 LEGAL AUTHORITY ................................................ 18;0 FINANCiAL STATUS REPORT ........................................ 19.0 SUPPLEMENTAL FUNDING STANDARDS ................................ 29 20.0 AUDiT / ACCESS TO RECORDS ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 23 23 23 24 24 24 24 Ii , 25 25 26 26 27 27 27 28 28 28 29 . 21.0 AMERICANS WITH DISABiliTIES ACT ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 I) '22.0 UTILIZATION OF SMALL, MINORITY, AND WOMEN'S BUSINESS ENTERPRISES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 AnACHMENT 0 STANDARD PROVISIONS AND ASSURANCES 23.0 ENERGY EFFICIENT STANDARDS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 24.0 DATA AND PUBLICITY. ...............................................32 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 professlonai ' classification, skill, and expertise required to perform the services as . descn'bed.' : '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-contracled 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 orior 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 WoridrIg' of any portion of such changes, modifications or amendments thereof. if any such changes cause an increase or decrease in the cost of, or time required for performance of, any part of the work under this Contract, an equitable adjustment shall be made in writing prior to the Implementation of such changes. Any claim for adjustment under this clause In the event that the conditions, laws and/or regulations governing A TCOG and Contractor activity and performance required by this Contract are amended at any time subsequent to the making of this Contract, A TCOG shall appropriately notify the Contractor in writing. Upon receipt of such notification, ContraCtor shall have the option of agreeing to such amendments or notifying ATCOG that it cannot comply with such amendments and . terminate this Contract. . , Ii I, 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 terms of this Contract must be made only by formal written amendment executed by the parties signatory to this Contract. SECTION 3.0 MONITORING, ASSESSMENT, AND CORRECTIVE ACTION 3..1. "' ,ATCOG ~ay 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 performance under this Contract for the purpose of assessing the degree to which contractual objectives and performance standards,. as identified in this Contract or as subsequently amended, are achieved by Contractor. , ,~ Page 23 of 46 Attachment D Standard Provisions and Assurances SECTION 7.0 CONTINGENT FEES . :.;.. ';.:'~ ;:" . .. .< ,'. . 7.1. Contractor warrants that no person or company has been employed or retained to solicit .or secUre this Contracl,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 ~nsideration, contingent upon, or resulting from aWard of this Contract. , For any breach or violation of this provision, ATCOG 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 subjected 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 vetera';1's status in all employment practices. - 8.3. 'ContractOr shall not discriminate against any employee. or applicant for employment because of ohysical or mental handicao in regard to any position for which the employee or applicant for employment is qualified. Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat Qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, - , . advertising, layoff or termination, rates of payor other forms of compensation, and selection - for training, including apprenticeship. Contractor agrees, to comply with the rules, regulations, and relevant orders issued pursuant to the Rehabilitation Act of 1973, P.L 93- 112, as amended by the Rehabilitation Act Amendments of 1973, P.L 93-516, which are coded as 45 C.F.R. SECTION 9.0 DISPUTES 9.1. Contractor shall utilize the complaint procedure promulgated by those rules, regulations and ." . .~ 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 Page 25 of 46 Attacnment D Standard Provisions and Assurances ." ':~~!;<'~;:'1::'~:""""~';"''Oi'-r'''',~",~"""";,-",_,~_-,~",,,__ '';'',<~~';~'''_';''~' ~.. ,._. '" .....'!'" SECTION 12.0:' TERMS, PROVISIONS AND RULES OF GOVERNING ENTITIES ,,>. t ".. .... ,,-.,..' .......;~.... '-.;':.- '. _' ", . :...., 12.1. Contractor shall ensure that the performance rendered under this Contract are rendered so as to comply with all the terms and orovisions of any contracts, grant agreements and/or any' otherJegally binding contractual document existing between ATCOG and the state grantorlfunding agency identified in Attachment C. Pavment and Fiscal Manaljlement, as if these performances were rendered by ATCOG. . ~. ., .' . 12.2. This ContraCt shall be subjeCt to all valid rules. reoulations, 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. .COllb...:.lOI agrees to the extent permitted by law, to indemnify, defend and save harmless ATCOG, its officers, agents and employees from any and all claims and losses accruing or resulting to Contractor and to any and all subcontractors, materials, persons, laborers and 'any other persons, firms or corporations, fumishin9 or supplying work, services, materials, or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or resulting to any persons, firms or corporations which may be !njuredClr, damaged by Contractor in the performance of this Contract. 13.2. ATCOG does not assume any Liability to third persons, nor will ATCOG reimburse the Contractor for its liability to third persons, with respect to loss due to death, bodily injury, or damage to property resulting in any Way from the Contractor's performance of this Contract or any Contracto~s subcontracts hereunder. 13.3. It is expressiy understood and agreed by both parties hereto that A TCOG is contracting with Contractor as an indeoendent contractor. The parties hereto understand and agree that A'ICOG 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. SEc.TICm14.0. . INSURANCE 14.1. Upon request, Contractor shall furnish ATCOG certificates of insurance evidencing insurance as follows: . 14.1.1. Worker's Compensation and Employer's Liability. 14.1.2. Comprehensive General Liability for the following coverage in amounts not less than shown below: . ., 14.1.2.1. Bodily Injuries: $100,000 per person Page 27 of 46 Attachment D . . . Standard ProvIsIons and Assurances :';'~;~t" -~ pJ !.!-,;:; v:;:;' ~ :.: :'~.-. ~ii~-.r i;'-"'; ~-:... ..- i: ~ " .' ,-...,', . ;'~. '"\-" ',' '.:'. ~.'C t. '.~. .... "~i' "":';' :':'.':: ~ . '~'," ~;. . !- ~.'., '.' :. .... ." - :.' _ " . .. ... ...,. .-. ...- . -.'.0"" , motion, resolution or action passed or taken as required; giving Cc,mtractor 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 . 1\ I 18.1. All Financiai 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 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 CoAtractoLshall ensure that the use of funds provided. under this Agreement is in accordance with the supplemental funding standards set forth in this Article.' (a) (b) (c) Municipal Solid Waste Related:Pwgrarns 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. , 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 fillers, antifreeze, lead-acid batteries, or other special wastes excluded from disposal in MSW iandfills. However, collection of these materials may be included as part of a comprehensive household hazardous waste conection and management , ,rJ . 'I Page 29 of 46 Attachment D" Standard Provisions and Assurances ,- . ~~i;:-':: "_;;':~~:::: ~;~~=;~ ~.;<i:; , . , :- ,. ,. : :::"" :..~.: . ~;~:t,~:, ; ;,.~''':'~ t.).;:.,,,- '.~: ~ ~..,.- .,;.~.:-. ;;..~,: ::L'>" t;,;, ;_.;."':';,.:'::, ..;... '. ... ," ,," ..' , . . - .. 0" LegislatIVe illid Lobbying Expenses. In accordance with state lawS arid reguiations, funds provided under this agreement may not be used for expenses to support pofrtical activity, either directly or indirectly. As required under section 33, Article IX of H.B. 1, the standards set forth in section 5, Article IX of H.B. 1, shall appl)' to the use of funds provided under this Agreement, " Food I Entertainment Expenses. In accordance with the UGCMA, funds provided under this Agreement may not be used for focicl 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 travel status. Use of Alcoholic Beverages. As required under section 33, Article IX of H.B. 1, the standards set forth in section 11, Article IS of H. B. 1, shall apply to the use of funds under this Agreement. In accordance with those standards, no funds provided under this Agreement shall be used for the payment of salaries to any employee who uses alcoholic beverages while on duty. None of these funds shall be used for the purchase of alcoholic beverages, including travel expenses reimbursed with these funds. 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 performance on all work under this Agreement, Including negotiated changes or amendments thereto, in accordance with accepted professional practice, appropriate accounting procedures and practices 'at the Contractor's Texas office. 'iRe 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 (direc:l and indirec:l), 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, 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, 8AdIor- audit. During the conduct of any such review,. audit or Inspection Contractor's books, records and other pertinent documents may, upon prior conference with the Contractor, be copied by A TCOG or any of its duly authorized representatives. All such information shall be handled by the parties in accordance with good busines~ 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 fJQm acoes&to records pursuant to Section (a) above to A TCOG. Where the audit . concerns the Contractor, the auditing agency will afford the Contractor an . 'J Page 31 of 46 Attachment D Standard Provisions and Assurances the Texas Open Records! Public Information Act, Vemon's TEX. GOV'T CODE Section 552. Upon termination of this Agreement, all data and information shall become the joint property of ATCOG and the Contractor. II , Page 33 of 46 , ATTACHMENT E DEFINITIONS Table of Contents 1.0 PURCHASE VOUCHER INSTRUCTIONS ............................ 36 2.0 SAMPLE PURCHASE VOUCHER ................................. 37 3.0 EXPENSE REPORT INSTRUCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3B 4.0 SAMPLE EXPENSE REPORT. . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . .. 39 5.0 EXPENSE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 6.0 RECYCLE REPORT INSTRUCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 1\ 7.0 SAMPLE RECYCLE REPORT...... . ... ........ ,...... ... ... ......43 B.O RECYCLE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . .. 45 \Ji , 1!::il Pay to: (Name, Add,. . City, State,~) " PORCHASl:VOUCHER (City ~ounty '"Schoo I ect. . . ) ARK.TEX COUNCIL OF GOVERNMENTS - -~ . .' - ", P.O. 90x 5307 Tax8lkana, TX 75505.5307 I.:!!d Contrad or Grant No: ~ Vendor No: (Submh In Triplicale) ',4, >-Oeliverv DataIPeriod and Detcription 1:11 Mlclesor:ServlcnPlOvidecH., .~:.a.~~:rt-.:::f"~ ;,:L'i:O:~l:i.<=.t.)::;~~f;:'M : ::Ci'J;:~ ~4\:ff~1:'t:~:::?~:~.i~:.'~'~~':~~'~':'::':~:: Payment Period: ..&!....JJ.22.. to ...V...1J~ Amount Due For reimbursement for the ectlvltles under the Ark-Tex Council of Governments Regional Solid Waste Management Plan Pass Through Grants as funded by the TeXas Natural Resources Conservation Commission Cummulatlve expenditures to date 2,500.00 Less on Prior Requisition -0- Due- th I,s 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 er , ' , .' ~- . - . .' - 1,["Z,:\iOUCHER~6TAL:>J;\i $2,500.00 ~ I eartify Ihal the above servicaslgoods were Signalure - Vendor Representative: Telephone No: r8nderadlraoalvad. and thai thay correspond in . every way with the contra~ under which thay were TItle: Date: orocurad andlhat the Invoice is lrue and unpaid. __. ATCOG Date Approved lor Payment ATCOG DISTRIBUTION ACCOUNT AMOUNT APPROVAl:" ' " ,.' FOR PAYMENT , SignatUr8: Tille: Environmental Resources Plllnner , . k Signatura~ , Tille: Director, Reglonlll'Services . Vendor No: Coded by: Check No: Date: Amount: . , I Expense Report Date: a. 9/30/97 City of Paris Cost Category Budget Amount Cumulative Amount Expended Expenditures Remaining To Date Equipment b. 26.000 c. 10.000 d. 10.000 e. 16.000 . . . , . , I J. . sigpa.ture 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 Equipment 26.000 ." I ~ Authorized Signature , ,I Please attach receipts to this document. ..' . . "" '; .' , I Recycle Report Date: a. 4/3/96 AMOUNT (In Cubic Yards: Otherwise Indicate Measurement) "'00- Y8rd WhIt. ""- N.wapapw Aluminum Stool Glasa P1aatlc ' ou- Trlmmlngo b. 200 b. 400 b. 100 Ibs. Ibs. -f- ' . !<. . . I, c.-You sian here Authorized Signature d. Please attach receipts to this document. 'SAMPLE) , . i \1 " ... . I Recycle Report City of Paris Date: AMOUNT (In Cubic Yards: Otherwise Indicate Measurementl Yard Whit. Paper Newspap.r AlumInum St..1 GI... Plastic Other Trimmings - - . .' .. .... " ..' ., .. ~, , Ii Authorized Signature . "I . PI.... .uach rKelpts to this document.