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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 .j I !i.:::-;;.::}:'):,:;';:j:::';'~::: ,f::>'"Jj From 07/01,;"'98' , T6'",07:,{01 / 99 w,;:;.; ~;;;.}:'-::,,:.;,:i.::::,,;:; y /- \>';:i>: \}-{:: " ," " ~,,! , , J tXHIBIT A ARK-TEX COUNCIL OF GOVEr ~ENTS CONTRACT FOR: Contract 8 14 3 1 1 8 0 5 No. Modification '. ..... '. , 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 " "!1iIl:I:I~" Executive Director Mayor Ark-Tex CounCil of Governments City of Paris " Date Date jl C:\CONTRACT\admsldcv 'I ! 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. jl page 5 of 45 ..' ..,. . ......, "'-VI ... ""'. wel.. _ .....,) !able of Contents 1.0 CONTRACTOR PROVIDED PERFORMANCE AND SERVICES ................ 9 2.0 ATCOG PROVIDED PERFORMANCE AND SERVICES ......................10 I' 'I ' , ~.. -. .,'., . ~. .... 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. . t 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. ,I II 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 I 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. ., 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 ./ 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 jI I 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 I il 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 ./ J 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) II Page 15 of 45 , I .. "--,,- .-........-..-.....-. I I' This page intentionally blank. , , , I ,II ! 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 I jl 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). t Page 32 of 45 , " 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. I jl Page 30 of 45 .Ii ! 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 I' 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 .11 ! 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. I II 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 .11 ! 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 I jl 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 I II I , 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 I j' 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 . . 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 .. 20.0 AUDIT I ACCESS TO R'ECORDS ......................................................................31 21.0 AMERICANS WITH DISABILITIES ACT .............................................................32 " , t 22.0 UTILIZATION OF SMALL, MINORITY, AND WOMEN'S BUSINESS ENTERPRiSES................................................................................................ 32 .\ ! 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) j II 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. .' Page 17 of 45 .1, ! 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. II 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 , , .1 I 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 ; .. '. I jl 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 jl 8.0 RECYCLE REPORT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ....45 I 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. .. ) . -- .. .', .' '.' ." P.O. Box 5307 Texar1<ana, TX 75505.5307 (Submh In Triplicate) ~ Contrad or Grant No: ~ Vendor No: I .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 i I' 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 " Vendor No: Coded by: Check No: Date: Amount: \ ! 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 I ., j II f. signature here Authorized Signature .. g. Please attach receipts fo this document. (SAMPLE) .11 J