1998-116-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 13TH DAY OF APRIL
RESOLUTION NO. 98-116
WHEREAS, the City Council of the City of Paris did heretofore, on the 13tl1 day of April,
1998, in Resolution No. 98-054, authorize an application to be made to the ARK-TEX COUNCIL
OF GOVERNMENTS in cooperation with the TEXAS NA TURAL RESOURCE
CONSERV A nON COMMISSION for the Municipal Solid Waste Grant Funding for Fiscal Year
1998; and,
WHEREAS, the ARK-TEX COUNCIL OF GOVERNMENTS has issued its Grant Award,
entitled, "Solid Waste Implementation Grant, Contract No. 84311805" for the year beginning July
1,1998, ending July 1, 1999, in the total amount of $23,500.00 requiring the City of Paris to
provide $104,083.68 in the form of in kind services; and,
WHEREAS, it is deemed to be in the best interest of the citizens of Paris that the City of
Paris accept said Grant A ward and continue to improve the waste reduction and recycling project
in the City of Paris; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
Solid Waste Implementation Grant, Contract No. 84311805 for the year beginning July 1, 1998,
and ending July 1, 1999, in the total amount of $23,500.00 requiring the City of Paris to provide
$104,083.68 in the form of in kind services, be, and the same is hereby, accepted.
BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, 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. 84311805 in the form of Exhibit A attached hereto.
PASSED AND ADOPTED this 10th day of August, 1998.
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
~~~
Scott P. Foster, City Attorney
ARK-TEX COUNCIL OF GOVERNMENTS
CONTRACT
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tXHIBIT A
ARK-TEX COUNCIL OF GOVEr ~ENTS
CONTRACT FOR:
Contract 8 14 3 1 1 8 0 5
No.
Modification '. ..... '.
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No: , .....
SOLID WASTE IMPLEMENTATION GRANTS
I . A TCOG I CONTRACTOR I
Ark-Tex Council of Governments City of Paris
P. O. Box 5307 P.O. Box 9037
Texarkana, Texas 75505 Paris, Texas 75461-9037
PART 1 - PARTIES TO CONTRACT: This contract is entered into, by and between the Ark-Tex Council of
Governments, hereinafter called A TCOG, and the City of Paris, hereinafter called "Contractor". The Contractor
covenants and agrees to provide services set forth in Attachment B. Scone 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:
;
ATTACHMENT DESCRIPTION .'. PAGE'
A Definitions 5
B Scope of Services 9
C Payment and Fiscal Management 13
D Standard Provisions and Assurances 19
E Exhibits 35
PART III. PAYMENT OBLIGATION: A TCOG agrees to pay Contractor compensation for the described
services, a sum not to exceed $23.500.00 in accordance with the Budget, procedures and restrictions
identified in Attachment C. Payment and Fiscal Management This amount shall constitute full and complete
payment for the services to be provided under this Contrad.
PART IV . CONTRACT PERIOD OF PERFORMANCE: The period of performance under the
provisions of this Contract shall begin on July]. 1998, and terminate on July 1. 1999, unless prior to that date
contractor receives a properly executed modification to this contract extending the above performance period.
PART V . CONTRACT EXECUTION: A TCOG and Contractor have agreed to the terms of this Contract
and executed same as evidenced by the followinQ siqnatures and dates:
I ' A TCOG I .... CONTRACTOR';""""""": ;"1
..--a~;;A;
Signature Signature
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Executive Director Mayor
Ark-Tex CounCil of Governments City of Paris
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Date Date
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ATTACHMENT A
DEFINITIONS
Table of Contenm
1.0 SCOPE OF SERVICES DEFINITIONS .................................... 5
2.0 PAYMENT AND FISCAL MANAGEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 5
A 11 ACHMENT A
DEF\N\T\ONS
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 eI2fessi~1 service~ . The cooperative implementation of the Ark. T ex council
of Govemments Regional Solid Waste Management Plan.
1.1.2. Qllmposting Program. 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. ost Reimburs men pe orman riven. 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. QIIarter!Y. . For purposes of this contract, quarterly is defined as every three (3)
months beginning with the month of September.
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page 5 of 45
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!able of Contents
1.0 CONTRACTOR PROVIDED PERFORMANCE AND SERVICES ................ 9
2.0 ATCOG PROVIDED PERFORMANCE AND SERVICES ......................10
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ATTACHMENT 8
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 a tractor no later than
December 15,1998.
1.1.2.
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Contractor shall be responsible for the purchase of a tractor no later than
January 10, 1999.
1.1.3.
Contractor shall be responsible for operation of tractor in composting operations.
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.
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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
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1.2.3. "Quarterly Recycled Report" - Attachment E, Exhibit 3.0 - Due on January 30.
1999. April 30.1999. July 30.1999. and August 15.1999.
1.2.4. "Quarterly Progress Report" - Due on January 30. 1999. April 30. 1999. July 30.
:l999. and August 15. 1999.
1.2.5. "Final Report" - Due August 15. 1999. This report must certify the satisfactory
completion of all activities and deliverables required under this contract.
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1.2.6. "Follow up Report" . Due yearly on September 1. 2000 and 2001.
Contractor shall provide any additional reports or information as may be necessary to
adequately track the progress of the project.
Page 9 of 45
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Table of Contents
1.0 FUNDING AGENCIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . .. 13
2.0 TOTAL CONTRACT PAYMENT OBLIGATION............................. 13
3.0 TYPE OF CONTRACT PAYMENT ...................................... 13
4.0 COST/ADMINISTRATIVE REQUiREMENTS.............................. 14
5.0 INTEGRITY OF FUNDS ....................................... '. . . . . .. 14
6.0 CONTRACTOR BUDGET............................................. 14
7.0 REQUEST FOR PAyMENT........................................... 17
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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 A TCOG 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 A TCOG by the above agency for the
purpose of performance prescribed by this Contract.
SECTION 2.0 TOTAL CONTRACT PAYMENT OBLIGATION
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2.1. Except as provided in Section 2.2. below, A TCOG agrees to pay Contractor compensation
for the services described in Attachment S, 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. A TCOG, from time to time, may provide writt~n 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 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 &tachment S, Scope of Services, on a performance driven/cost
reimbursement basis.
Page 13 of 45
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Payment and Fiscal Managprnent
and/or facilities (hereafter, "property") acquired under this Agreement will vest, upon
acquisition or construction, in the Contractor.
The use of property acquired under this Agreement, both during the term of this Agreement
and for the useful life of the property, shall be in accordance with Section 361.014 (b) of the
Texas Health and Safety Code Annotated, which directs that a project or service funded
under this program must promote cooperation between public and private entities and may
not be othelWise readily available or create a competitive advantage over a private industry
that provides recycling or solid waste services.
A TeOG 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 title, as further set forth
in Subsections (i) through (x) below.
(i) A TCOG shall develop and use a property management system that conforms with
all applicable state and loca/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 A TCOG shall include adequate safeguards to
prevent loss. damage. or theft of the acquired property. A TCOG 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 A TCOG
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, ATCOG may for the pwpose of replacing the property acquired
under this Agreement, either trade in o{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), ATCOG 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 TNRCC 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)
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Attachment D
Standard Provisions and Assurances
(b) 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 liesl.
(c) The Contractor agrees to the disclosure of all information and reports resulting from
access to records pursuant to Section (al above to A TCOG. 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.
(d) 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.
(e) Access to records is not limited to the required retention periods. The authorized
representatives designated in Section (a) of this Article shall have access to records at
any reasonable time for as long as the records are maintained.
(f) 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.
(g) 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.
(h) The Contractor agrees to include Sections (aO through (gl of this Article in all
subagreements and all change orders directly related to project performance.
SECTION 21.0 AMERICANS WITH DISABLlTIES ACT
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The Contractor shall comply with all applicable requirements of the Americans with Disabilities
Act of 1990,42 U.S.C. Sections 12101 -12213 (Pamph. 1995).
SECTION 22.0 UTILIZATION OF SMALL, MINORITY, AND WOMEN'S BUSINESS
ENTERPRISES
The Contractor agrees that qualified Historically Underutilized Businesses (HUBs) shall have
the maximum practicable opportunity to participate in the performance of this Agreement.
SECTION 23.0 ENERGY EFFICIENT STANDARDS
The Contractor is encouraged to follow standards and policies on energy efficiency which are
contained in the Texas State Energy Conservation Plan issued in compliance with the Energy
Policy and Conservation Act P:.L. 94-163).
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Page 32 of 45
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Attachment D
Standard Provisions and Assurances
(d)
(e)
(f)
(g)
(h)
(i)
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.
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.
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 would otherwise be eligible for funding.
Projects Requiring TNRCC Registration. Projects or facilities that require
registration with the TNRCC under state regulations, and which are otherwise
eligible for funding, may be funded as an implementation project. However,
only those expenses related to design and engineering work necessary prior
to obtaining a registration may be reimbursed by A TCOG before the
registration is finally received. No actual site development, construction,
equipment purchase, or similar expenses may be reimbursed prior to and until
such time that a registration is received.
Projects that Create a Competitive Advantage Over Private Industry. In
accordance with Section 361.014 (bl of the Texas Health and Safety Code,
a project or service funded under this Agreement must promote cooperation
between public and private entities and may not be otherwise readily
available or create a competitive advantage over a private industry that
provides recycling or solid waste services. Under this definition, the term
private industry includes non-profit entities.
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
f<6r grant funding.
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Attachment D
Standard Provisions and Assurances
Ark- Tex Council of Governments
City of Paris (Cont.)
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: $ 50,000 per occurrence
(other than auto) $100,000 single limit '
14.1.2.3. Property Damage: $ 50,000 per occurrence
(automobilel
14.1.2.4. Product Liability Insurance:
Personal Property: $ 25,000 per accident
Bodily Injury: $100,000 per accident
14.1.3. Contractor Owned Vehicles: I
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14.1.3.1. Liability: $250,000 per person
Collision/Comp $500,000 aggregate
14.1.3.2. Property Damage: $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 acknowledgement of financial support
from A TCOG and TNRCC. !
15.2. The Contractor shall acknowledge' the financial support of A TCOG 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
A TCOG 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.
Page 28 of 45
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Attachment D
Standard Provisions and Assurances
Ark- Tex Council of Governments
City of Paris (Cont.)
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 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 also reserves a royalty-free
nonexclusive and irrevocable license to use, publish, or reproduce for sale or otherwise,
and to authorize others to use, publish, or reproduce, for sale or otherwise (to the
extent consistent with the rights of the third parties) any intellectual property for which
the Contractor obtains rights with funds received under this Agreement.
10.4. In performing work under this Agreement, the Contractor shall comply with all laws,
rules, and regulations relating to intellectual property, and shall not infringe on any
third-party's intellectual property rights. It shall hold A TCOG harmless for, and to the
extent permitted by the laws and Constitution of the State of Texas, defend and
indemnify A TCOG against, any claims fo~ in,fringement related to its work under this
Agreeme~. ..
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.
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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
Page 26 of 45
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Attachment D
Standard Provisions and Assurances
Ark- rex Council of Governments
City of Paris (Cont.)
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 novation, without the prior written consent of
A TCOG 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 A TCOG
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6.1. Either of the parties to this Contract shall have the right in such party's sole discretion
and at such party's sole option to terminate and brina to an end performances to be rendered
under this Contract in whole or in part, at any time prior to the completion date of this
Contract, by notifying the other party in writing of such termination at least thirty (30) days
prior to the effective date of termination. Upon termination or receipt of notice to terminate,
A TCOG shall cancel, withdraw or terminate any outstanding orders or contracts which relate
to the performance of this Contract or the part of this Contract to be terminated, and shall
cease to incur costs hereunder. A TCOG shall not be liable to Contractor or its creditors for
expenses incurred after this termination date.
6.2. A TCOG reserves the right to terminate t~is contract for any of the following reasons:
6.2.1. Failure of Contractor to comply with any terms of this Contract; or
6.2.2. Failure of the Contractor to comply with applicable local, state, and/or federal
laws, amendments, rules or regulations; or
6.2.3. Failure of ATCOG to receive adequate funds for this purpose from appropriate
state grantor/funding agency identified in Attachment C, Payment and Fiscal
Manaaement.
6.3. Notwithstanding any exercise by A TCOG of its right of early termination pursuant to
this Section, Contractor shall not be relieved of any Contractor liability for damaaes due to
A TCOG. by virtue of any breach of this Contract by Contractor. A TCOG may withhold any
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.
Page 24 of 45
ATTACHMENT D
STANDARD PROVISIONS AND ASSURANCES
23.0 ENERGY EFFICIENT STANDARDS.... ............ .................. ...... ..... .... ................ tl' 32
24.0 DATA AND PUBLICITY ................................................................................... 33
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ATTACHMENT D
STANDARD PROVISIONS AND ASSURANCES
Table of Contents
1.0 PERSONNEL... .,.... 11.11 ...... II II.. II .,...... ... II... ....... .,.... .,........ II.... ...... '" ..... ..... .,... 23
2.0 AMENDMENTS.. .1... ...... ...... 11.1.1 11.11... II ...... ....... ....... II '" .,... .... ..... ..... ...............23
3.0 MONITORING, ASSESSMENT, AND CORRECTIVE ACTION ................................ 23
4.0 TRANSFER OF INTEREST............................................................................... 24
5.0 SUBCONTRACTS... II.. II.... .............. II.................... .., .,...... II......... .,.. II.... II.. II... 24
6.0 PROVISION FOR TERMINATION AND DAMAGES DUE A TCOG .......................... 24
7.0 CONTINGENT FEES II ...... ....... .... II ............... ...... ..... .... ...... II II' ...... ... ..... ........ I" 25
8.0 EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION......................................... 25
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9.0 DISPUTES ........ ............................... ....... ..................................... ................. 26
10.0 COPYRIGHTS AND PATENTS......................................................".................26
11.0 CONTRACT WORK HOURS, HEALTH AND SAFETY STANDARDS...................... 26
12.0 TERMS, PROVISIONS AND RULES OF GOVERNING ENTITIES............................ 27
13.0 INDEMNIFICATION, LIABILITY AND INDEPENDENT CONTRACTOR .................... 27
14.0 INSURANCE................................................................................................. 27
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15.0 PROGRAM AND FUNDING RECOGNITION ..:.................................................... 28
16.0 ORAL AND WRITTEN AGREEMENTS............................................................... 28
17.0 LEGAL AUTHORITY ...................................................................................... 29
18.0 FINANCIAL STATUS REPORTS........................................................................29
19.0 SUPPLEMENTAL FUNDING STANDARDS .........................................................29
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20.0 AUDIT I ACCESS TO R'ECORDS ......................................................................31
21.0 AMERICANS WITH DISABILITIES ACT .............................................................32
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22.0 UTILIZATION OF SMALL, MINORITY, AND WOMEN'S BUSINESS
ENTERPRiSES................................................................................................ 32
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Attachment C
Payment and Fiscal Management
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 A TCOG to transfer title and possession of such
property to a third party named by TNRCC.
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)
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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 listed below.
SalaryM'ages - Time sheets that have been signed and approved.
Travel - Documentation which, at a minimum, is consistent with State Travel
Regulations. The purpose of the travel ;should be documented and supported with
actual receipts for hotel accommodations, public transportation receipts, airline
receipts, etc.
Equipment - Purchase orders, invoices, and cancelled checks.
~ - Purchase orders (if issued), invoices and cancelled checks.
Contractygl - All of the above plus documentation that the costs were reasonable
and necessary. The same standard shall be applicable to subcontractors.
Other - All of the above apply.
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Page 17 of 45
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Recycle Report
Date: 8. 4/3/96
AMOUNT (In Cubic Yards: Otherwise Indicate Measurement)
Yard White Paper Newspaper Aluminum Ste.1 Glall Plastic Other
Trimmings
b. 200 b. 400 b. 100 ,
Ibs. Ibs.
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Co You sign bere
Authorized Signature
d. Please attach receipts to this document.
(SAMPLE)
Recycle Report
City of Paris
Date:
AMOUNT (In Cubic Yards: Otherwise Indicate Measurement)
Yard White Paper Newspaper Aluminum Steel Glass Plastic Other
Trimmings
,
,
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Authorized Signature
Please attach receipts to this document.:
Expense Report
Date:
City of Paris
Cost Category Budget Amount Cumulative Amount
Expended Expenditures Remaining
To Date
Equipment $19,667
Supplies 3,833
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Authorized Signature
Please attach receipts to this document.
ATTACHMENT E
DEFINITIONS
Table of Contg
1.0 PURCHASE VOUCHER INSTRUCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36
2.0 SAMPLE PURCHASE VOUCHER. . . . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . .. 37
3.0 EXPENSE REPORT INSTRUCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 38
4.0 SAMPLE EXPENSE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 39
5.0 EXPENSE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
6.0 RECYCLE REPORT INSTRUCTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42
7.0 SAMPLE RECYCLE REPORT........................................ 43 j
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8.0 RECYCLE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ....45
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PURCHASE VOW~l.fER
ARK.TEX COUNCIL OF G~ .RNMENTS
[B Pay to: (Nai,,~. Address~City. Stat;"Zip)--- ---
( C t ty Co u n t y .', 00 I e ct. .. )
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P.O. Box 5307
Texar1<ana, TX 75505.5307
(Submh In Triplicate)
~ Contrad or Grant No:
~ Vendor No:
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.d. . DelivervDatelPeriod and Description of Articles or Services Provided :.~ ~.. "....:.."...
Payment Period:
~_1J.2i to ..2.LlJ..22
:.: I.. ,,':::>~:~:~:~:' ~:;::::;,' .;::~::f:':.:: \~:: :::' a ~ ;",,;.;:: :/: :::~~;:;:::::i~~::1'::::.: .:: ,V::';:;',:;::::. :" >~: ::t~::~~;:J::
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 Texes Nature I Resources Conservetlon
Convnlsslon
Cummuletive expenditures to dete
Less on Prior Requisition
Due this voucher
2,500.00
-0-
2,500.00
$2,500.00
Contrect amount
Expended to dete
Belance remeinlng
$7,500.00
2,500.00
$5,000.00
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sample
o c~er
.JJ I certify that the above services/goods were
rendered/received. and that they correspond in
every way whh the centrad under which they were
procured and that the Invoice is true and unpaid.
A TCOG Date Approved for Payment:
APPROVAL
FOR PAYMENT
S~nature:
h.-VOUCHER TOTAL':: ...:.: $2,500.00
Signature - Vendor Representative: Telephone No:
Title:
Date:
ATCOG DISTRIBUTION ACCOUNT
AMOUNT
Title:
Envlronmentel Resources Plenner
S~nature:
Tnle:
D I rector, Reg i on81' Serv t ces
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Vendor No:
Coded by:
Check No:
Date:
Amount:
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Expense Report City of Paris
Date: a. 9/30/97
Cost Category Budget Amount Cumulative Amount
.
Expended Expenditures Remaining
To Date
Equipment b. 26,000 c. 10,000 d. 10,000 e.16,000
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f. signature here
Authorized Signature
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g. Please attach receipts fo this document.
(SAMPLE)
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