HomeMy WebLinkAboutResolution - 4019 - Interlocal Contract - TWC - Clean Cities 200 Program - 11_12_1992Resolution No. 4019
November 12, 1992
Item #32
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Clean Cities
2000 Interlocal Contract by and between the City of Lubbock and the Texas
Water Commission, attached herewith, which shall be spread upon the minutes
of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this
ATTEST:
�-)C�
Sally Still
l e,
Acting City Secretary
APPROVED AS TO CONTENT:
Rita P. Harmon,
Assistant City Manager of Public
Safety & Services
APPROVED AS TO FORM:
vmnaio u. vanoiver,
First Assistant City Attorney
DGV :da/AGENDA-D3/C-CC2000.rcs
October 30, 1992
12th day of November , 1992.
DAVID NGSTON, MA R
Resolution No. 4019
November 12, 1992
Item #32
THE STATE OF TEXAS
COUNTY OF TRAVIS
CLEAN CITIES 2000
INTERLOCAL CONTRACT
THIS INTERLOCAL CONTRACT ("CONTRACT") is entered into by and
between the Governmental Entities shown below as Contracting
Parties, pursuant to the authority granted and in compliance with
the provisions of "The Interlocal Cooperation Act," Texas
Government Code, Chapter 791.
I. CONTRACTING PARTIES:
The Receiving Agency: Texas Water Commission ("TWC")
The Performing Party: City of Lubbock ("Community")
II. STATEMENT OF SERVICES TO BE PERFORMED:
See "Attachment All
III. BASIS FOR CALCULATING REIMBURSABLE COSTS:
See "Attachment B"
IV. CONTRACT AMOUNT
The total amount of this contract shall not exceed:
Four Hundred Thousand Dollars ($400,000)
(words) (figures)
V. ADDITIONAL CONTRACT PROVISIONS
See "Attachment C"
VI. MINIMUM STANDARDS FOR PROGRAM COMPONENTS
See "Attachment D"
VII. ATTACHMENTS
Attachments "A-D" are attached to this Contract
and are hereby incorporated herein and made a
part of this Contract for all purposes.
THE TEXAS WATER COMMISSION certifies that it has the authority to
contract for the above services by authority granted in the Current
Appropriations Act; TEX. WATER CODE §5.229 and TEX. HEALTH & SAFETY
CODE §§363.094 and 363.095(b)(2).
PERFORMING PARTY certifies that it has authority to perform the
services contracted for by authority granted in
(Statute, Constitution, Appropriations Bill)
RECEIVING AGENCY
Texas Water Commission
(Name of Agency)
By: r
(AutUbrized Si ature)
Jesus Garza
(Printed Name)
Executive Director
(Title)
Date: I Z-Z� Z
PERFORMING PARTY
City of Lubbock
(Name of Party)
By:
J `4
(Au ized S-fgrfatu
DAVID R. LANGSTON
(Printed Name)
MAYOR _
(Title)
Date: November 12, 1992
ATTEST:
Sally St -ill. Abbe,
Acting City Secretary
APPROVED AS TO CONTENT:
Rita P . Harrison,
Assistant City Manager for Public
Safety & Services
AP VED AS TO FORM:
d d. Van iver
First Assistant City Attorney
ATTACHMENT A
SCOPE OF SERVICES
I. PURPOSE
A. Implement new or expand existing recycling programs. The purpose of the work
performed under this contract shall be to develop, implement, and ensure
successful operation of a comprehensive municipal -solid -waste reduction and
recycling program within the area(s) of program jurisdiction described in Section
III of this Attachment. The program shall be designed to reduce to the maximum
extent feasible the amount of waste disposed as set forth in the goals and
objectives of the Texas Water Commission's (TWC's) Clean Texas 2000
Program. PERFORMING PARTY, hereinafter referred to as the Community,
shall address at a minimum each of the following components of a comprehensive
waste reduction and recycling program:
1. Source Reduction and Reuse;
2. Residential Recycling;
3. "Don't Bag It" Lawn Care Program;
4. Backyard Composting;
5. Centralized Community Composting or other beneficial use of Yard
Waste, such as mulching or direct land application;
6. Public and Private Sector Workplace Recycling;
7. Used Oil Collection; and
8. Tire Clean -Up.
B. Maintain accurate records. The Community shall maintain accurate records
which include costs, revenues, quantities of waste disposed, quantities of
materials recovered or otherwise diverted, participation rates, and other
performance measures, by program component where appropriate.
C. Provide regular reports. The Community shall provide quarterly and annual
progress reports and the appropriate supporting documents (see Section VII).
D. Serve to demonstrate programs and program start-up procedures to other
communities. One purpose of the work to be performed under this Contract is
to demonstrate to neighboring communities information or procedures concerning
the establishment of successful solid -waste reduction and/or recycling programs.
The Community shall independently, and in cooperation with TWC, serve as a
demonstration or model Community.
Attachment A
Clean Cities 2000
Interlocal Contract
Pa e I
E. Purchase recycled products. The Community shall follow directives set forth in
SB 1340 (1991) and U.S. EPA guidelines for procurement of recycled products,
and shall participate in the Texas General Services Commission's Cooperative
Purchasing program.
F. Assign a recycling c000rdinator. The Community should employ a full-time
recycling coordinator to oversee the programs described herein.
II. DESCRIPTIONS OF COMPONENTS OF COMPREHENSIVE MUNICIPAL
RECYCLING PROGRAM
Attachment D contains, for each of the program components listed in Section I, specific
information that: (1) describes and defines the component, (2) identifies Texas Water
Commission minimum standards concerning implementation and operation of the
component, and (3) establishes goals and/or other implementation requirements for the
component.
III. PROGRAM JURISDICTION
The maximum funding amount, indicated in Section IV of this Attachment, is herein
provided by TWC to support, throughout the term of this Contract, a comprehensive
waste -reduction and recycling program designed to serve all of the residents living within
the city limits of the City of Lubbock. For the purpose of this Contract, these
boundaries represent the program boundaries and define the primary geographic area of
concern for the Community's recycling coordinator described in Section V of this
Attachment.
IV. AVAILABLE PROGRAM RESOURCES AND TERM OF CONTRACT
A. Financial resources provided by TWC. A maximum amount of $400,000 for use
by the Community during the Contract Term set forth in this Contract, not
including used -oil program costs (as specified in Paragraph B, below), is available
to assist the Community in meeting the following program -related costs:
1. Salary and fringe benefits (as defined for all regular city employees) to
support a full-time municipal recycling coordinator to be hired by the
Community for the purpose of coordinating the planning, design,
implementation and operation of a comprehensive municipal -solid -waste
reduction and recycling program;
2. Program start-up costs including, where pre -approved by TWC, necessary
site preparation, construction and/or contractor -provided costs;
3. Equipment -acquisition costs (either purchase or lease) where such
Attachment A
Clean Cities 2000
Interlocal Contract
Pa e 2
equipment is indicated in the approved program plan as required or
recommended so as to ensure success of one or more program
components. Each equipment acquisition must be pre -approved by TWC;
4. Staff travel and training expenses directly related to the Texas Water
Commission's Clean Cities 2000 Program and/or the operation and
management of the Community's approved, comprehensive municipal -
solid -waste reduction and recycling program;
5. Start-up public information/education costs; and
6. Operational costs. Generally operational costs shall be borne by the
Community. However, the Community may include in its program -design
proposal the implementation of a fixed -term pilot program with a specific
purpose, such as to determine the best method for collecting materials or
to determine what participation rates and material recovery rates to expect.
Requests for such pilot -program expenses must include the purpose and
term for conducting the pilot program.
B. Used oil program. Communities shall receive separate funding for used oil
collection and recycling as defined in Attachment D, Section VII.
C. Technical assistance. Throughout the term of this Contract, and in particular
during the program -design phase described in Section VI of this Attachment,
TWC shall provide technical assistance. Technical assistance shall include
provision of expert advice and information pertinent to the planning and
implementation of Clean Cities 2000 program components.
D. Consulting services available. In addition to staff -provided technical assistance
(as described in Paragraph C, above), TWC shall make available to the
Community (on a time -available basis) the services of a professional consultant
under contract with TWC to help the Community develop a program design.
E. Training assistance. Throughout the term of this Contract, TWC shall make
available to and notify the Community of training materials or programs offered
by TWC for Clean Cities 2000 recycling program employees, community
volunteers, and appropriate citizen groups.
F. Public education/awareness assistance. TWC will assist the Community in
developing and implementing necessary public -education and awareness projects,
for use within the program jurisdiction area described in Section III of this
Contract. Such projects shall be designed to support the municipal -recycling
program components.
Attachment A
Clean Cities 2000
Interlocal Contract
Page 3
G. Community's contribution. The Community is required under this Contract to
provide for the following program -management and operational costs:
1. All financial support for the Community's recycling coordinator in excess
of that provided in Paragraph A. 1. of this Section or under Section V of
this Contract;
2. Program administration costs;
3. On -going operation of the approved reduction/recycling program
components including operation and maintenance of equipment; and
4. Staff acquisition and maintenance costs (including salaries, wages, fringe
benefits, and all indirect costs), except as provided herein for the
recycling coordinator or for approved pilot programs.
H. Term of Contract. The contract period is effective upon execution and through
8/31/94.
V. RECYCLING COORDINATOR
A. Duties and responsibilities. The Community is authorized to fund a full-time
municipal recycling coordinator, if the Community does not have one already.
This coordinator shall be responsible for the following:
1. Working closely with the Texas Water Commission's Recycling and Waste
Minimization section and its consultants to design a comprehensive
recycling program;
2. Submitting a program -design proposal within the deadlines contained in
this Attachment;
3. Coordinating the planning, implementation, and operation of the TWC-
approved comprehensive waste -recycling program;
4. Collecting program data;
5. Submitting required reports; and
6. Cooperating with TWC and other local communities, as necessary, to
allow the program funded under this Contract to serve as a demonstration
or pilot program.
B. Minimum qualifications. The municipal recycling coordinator must, at a
Attachment A
Clean Cities 2000
Interlocal Contract
Page 4
minimum, have demonstrated some experience in municipal recycling, be an
effective communicator, be able to work with a wide range of types of groups and
individuals, be able to coordinate the activities of others, and be able to work
with the media.
C. Authorized salary expenses. Upon the hiring of a recycling coordinator meeting
the minimum qualifications in B, above, TWC shall advance to the Community
up to $40,000 (salary and fringe benefits) of the funds identified in Paragraph A
of Section IV of this Attachment to pay for the full annual salary and fringe
benefits of the recycling coordinator.
VI. SUBMITTAL AND APPROVAL OF PROGRAM DESIGN
A. Program -design proposal submittal deadline. By no later than March 15, 1993,
the Community shall submit for review by TWC a program -design proposal
covering the comprehensive municipal -recycling program for the area described
in Section III of this Attachment.
B. Procedure for obtaining approval of program design. Within 15 working days of
receiving a proposal, TWC will either approve the proposal or provide the
Community with written comments, questions, or recommended changes in the
program design to achieve the purpose of the project. Upon receipt of TWC's
comments or recommended changes, the Community shall submit a revised
proposal that addresses the changes recommended by TWC to bring the plan into
compliance with the obligations set out in this Contract.
C. Deadline for receiving design approval. Unless extended by the EXECUTIVE
DIRECTOR of TWC in writing, a program -design proposal will not be approved
later than May 1, 1993.
D. Components of the Comprehensive Municipal -Recycling Program -Design
Proposal. The Community shall address, at a minimum, each of the following
components as part of its program -design proposal:
1. Source Reduction and Reuse;
2. Residential Recycling;
3. "Don't Bag It" Lawn Care Program;
4. Backyard Composting;
5. Centralized Community Composting or other beneficial use of Yard
Waste, such as direct land application or mulching;
Attachment A
Clean Cities 2000
Interlocal Contract
Page 5
6. Public and Private Sector Workplace Recycling;
7. Used Oil Collection/Recycling; and
8. Tire Clean -Up.
E. Content of Proposal. The program -design proposal shall include a description of
the Community's existing waste management practices and recycling programs
to provide baseline information from which success of the Clean Cities program
will be measured. The proposal shall also include, at a minimum, the following
for each of the program components listed in Section VI(D) of this attachment:
1. Description of the program component, including the materials targeted
for recovery, recovery system to be used, the materials -processing
methods, and marketing efforts;
2. Implementation schedule setting out each milestone of each program
component, such as ordering vehicles and equipment, hiring employees,
signing contracts, and starting collection or initiating service;
3. Budget, including costs for capital equipment, implementation, on -going
operation, and other associated costs, such as travel and training;
4. Description of capital equipment;
5. Markets, or end -uses, for reclaimed or recycled materials targeted by the
program component;
6. Description of public -education effort;
7. Policies adopted, or to be adopted, if any, by the Community to support
each program component, such as implementation of variable residential -
garbage fees, reduction of garbage -collection frequency, and determination
and publication of the full cost of each solid -waste service;
8. Training requirements for Community employees and other appropriate
participants;
9. Plans to continue operation and funding beyond the funding period; and
10. Description of work or services, if any, to be contracted out to other
parties.
F. Program component start-up deadlines. Under this Contract the Community shall
Attachment A
Clean Cities 2000
Interlocal Contract
Pie 6
take whatever measures are necessary in both the program -design -proposal and
implementation phases to ensure that the various identified program components
are initiated according to the timetable outlined in Section VI, Paragrah E.2.
G. Plan -amendment procedure. The Community can subma a request to amend its
approved program design by submitting to TWC a description of the proposed
changes. Within 15 working days of receiving an amendment request, TWC will
either approve the amendment or provide the Community with written comments
or questions.
H. Failure to comply substantially with approved plan. Failure on the part of the
Community to comply substantially with the approved municipal -recycling
program design, may be grounds for termination of this Contract by TWC. At
such time, any salvageable property shall revert to TWC.
I. After approval by TWC, the program -design proposal will be included in the
Contract as Attachment E.
VII. RECORDKEEPING AND REPORTING
A. Recordkeeping. Records shall be maintained which shall include but not be
limited to the items that follow.
1. Time Records. Accounting shall be made as to each month or partial
month that an individual works for the grant project, within the contract
period. Individual time records do not have to be submitted with reports
but shall be available for review upon request by TWC personnel.
2. Financial Records. An accounting shall be made of all monies expended
on the comprehensive recycling program and the source(s) of those
monies, through generally accepted accounting procedures. The
accounting of the monies expended shall be submitted as a part of the
quarterly report required under VII.B. following.
3. Equipment Records. Appropriate records shall be kept on all equipment
purchased, operated, or maintained with grant funds.
B. Quarterly Reports. Within 30 days after the close of every quarterly (three-
month) period covered by this grant contract, the Community shall submit a
progress report which includes the following information:
1. Description of the progress toward implementing each program
component, including equipment acquisitions, personnel assignments,
policies adopted, contracts signed, and costs to implement, operate, and
Attachment A
Clean Cities 2000
Interlocal Contract
Page 7
maintain each recycling program component;
2. Measures of performance for each program component including, where
applicable, program participation rates, weight or volume of each material
collected and marketed, revenue received, and markets utilized, by
material;
3. A description of public -awareness activities conducted during the period,
both paid and citizens' network, including publications, advertising, and
media coverage.
C. The Community shall provide annual reports within 30 days after the end of each
contract year, which include the following information:
1. Summary of the information contained within the quarterly reports;
2. Status of the Community's- waste -management system and policies,
including a description of the various collection and handling operations,
and facilities;
3. Annual operating costs of the various waste -management collection,
handling, processing, and disposal operations;
4. For the portion of the waste stream under the jurisdiction of the
Community, the recycling rate, waste -reduction rate, and per capita
generation rate as determined using TWC guidelines from Texas Water
Code, Chapter 330, Municipal Solid Waste Subchapter Z. Waste
Minimization and Recyclable Materials; and
5. Analysis of problems and successful experiences in the operation during
the period, and measures taken to resolve problems and increase efficiency
and participation.
VIII. TRANSFER OF GRANT FUNDS
A. Upon final execution of this Contract, the Community may request an advance
of funds, such amount not to exceed the amount authorized in Section V of this
Attachment for the annual salary and fringe benefits of the recycling coordinator
($40,000).
B. Upon approval by TWC of the program design (Recycling and Waste
Minimization Division) and fund availability (Fiscal Division), the Community
may request an advance of funds for large -expense items detailed in the program
design. At the time of the request, the Community must demonstrate that it will
Attachment A
Clean Cities 2000
Interlocal Contract
Page 8
definitely incur each approved large -expense item. Demonstrating that an
expense will be incurred includes evidence that equipment or service has been
ordered, i.e. a purchase order, for example. In addition, evidence of the payment
schedule and delivery date should be included.
C. Upon approval by TWC of the program design, the Community may thereafter
request monthly reimbursement of approved expenses detailed in the program
design, but not eligible for advancement of funds under Section VIII(B) of this
Attachment.
D. The Community may request an advance of funds for the second year's annual
salary and fringe benefits of the recycling coordinator as described in Section V,
Paragraph C.
E. The TWC cannot transfer funds for expenses incurred after August 31, 1993.
Attachment A
Clean Cities 2000
Interlocal Contract
Page 9
ATTACHMENT B
ELIGIBLE REIMBURSABLE COSTS AND PAYMENT PROCEDURES
ARTICLE 1. AUTHORIZED EXPENSES
(a). Total FUNDING AGENCY (TWC) obligation for expenses (costs) authorized under this
Contract shall not exceed the amount set forth on page 1 of this Contract under Section
IV, titled "Contract Amount."
(b). The Performing Party is responsible, throughout the term of this Contract, for tracking
and insuring that expenditure amounts under this Contract remain within the various
budget categories set forth in Attachment A, VI.E. If the Performing Party determines
that revisions to any of these various, category -specific, amounts are necessary or
believes that revisions to the various category amounts would be mutually desirable with
respect to the work or services required under this Contract, the Performing Party should
contact the individual identified as the "Authorized Representative" in Attachment C,
Article 13 of this Contract, and request direction as to whether a Contract amendment
to Attachment E should be pursued, a minor budget category revision requested, or
whether some other course of action might be necessary or appropriate.
ARTICLE 2. ADDITIONAL AUTHORIZATIONS REQUIRED
The following authorization (approval) requirements to expend, or to be reimbursed with, funds
available under this Contract are in effect:
(a). Travel - Related Costs. All travel related expenses, whether for in -state or out-of-state
travel, will be claimed at the same rates allowed by the State of Texas for its employees.
No out-of-state travel expenses shall be eligible for reimbursements unless such travel
has been approved ahead of time, in writing, by the TWC. All travel for which expenses
are claimed must be in connection with the scope of work or services required under
Attachment A of this Contract.
1. mileage will be reimbursed at 27.5 cents per mile, per diem for employees will be
for actual costs (lodging and meals) up to $80 per day per individual ($25 meals and $55
lodging) .
2. services of employees will be calculated based on normal salary schedules and
associated fringe benefits, and services of specialized equipment will be calculated on a
daily or monthly basis as appropriate.
(b). Equipment Expenditures. No purchases of equipment (items costing more than $500
dollars, and computer hardware and software) shall be eligible for reimbursement without
prior approval, in writing, by the TWC.
Attachment B
Clean Cities 2000
Interlocal Contract
Page 1
(c). Contractual Expenditures. Any changes to contractual expenses, the subcontractor, or
the contract with the subcontractor as identified in Attachment E of this Contract, will
require approval of the TWC.
ARTICLE 3. PAYMENT REQUEST PROCEDURES
(a). The Performing Party, in order to obtain reimbursement for those expenditures
authorized under this Contract, shall submit, no more frequently than once per month,
all five copies of a properly completed STATE OF TEXAS PURCHASE VOUCHER
(Comptroller of Public Accounts Form 74-112). Each submitted voucher shall be
accompanied by a properly completed and signed TWC FINANCIAL STATUS Report
(State Supplemental Form 269a) which clearly indicates, for each Contract -contained
budget category, the Performing Party's expenditures or encumbrances for the period in
question, the Performing Party's cumulative expenditures or encumbrances with respect
to each budget category, and the balance remaining in each category following
reimbursement of the amount being requested. Vouchers and State Supplemental 269a
Forms shall be mailed or delivered to the attention of the "MSW Grants Coordinator"
at the following address:
Texas Water Commission
Municipal Solid Waste Division
P.O. Box 13087
Austin, Texas 78711
(b). The Funding Agency reserves the right to suspend payment for any services or reports
required by this Contract pending the Performing Party's completion, revision or
correction of such services or reports.
ARTICLE 4. FINANCIAL STATUS REPORT
A final financial status report, utilizing TWC Form 270, shall be submitted by the Performing
Party by no later than 45 days following the end of the Contract period.
Attachment B
Clean Cities 2000
Interlocal Contract
Page 2
ATTACHMENT C
ADDITIONAL CONTRACT PROVISIONS
ARTICLE 1. RESPONSIBILITY OF THE COMMUNITY
(a) The PERFORMING PARTY, herein referred to as the Community,
shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of all
services and other work furnished by the Community under this
Contract.
(b) The Community shall perform such professional services as may
be necessary to accomplish the work required to be performed
under this Contract, in accordance with this Contract and
applicable TWC requirements and any and all applicable law.
(c) Neither the TWC'S review, approval or acceptance of, nor
payment for any of the services shall be construed to operate
as a waiver of any rights under this Contract or of any cause
of action arising out of the performance of this Contract; and
the Community shall be, and remain, liable in accordance with
applicable law for all damages to the TWC including reasonable
attorneys' fees and court costs caused by the Community's
negligent performance of any of the services furnished under
this Contract.
(d) In performing any services hereunder, the Community is, and
undertakes performance as, an independent contractor.
(e) The Community shall be, and shall remain, liable in accordance
with applicable law for any and all bodily injury, disease, or
death of third persons or loss of or damage to property of
third persons arising out of or incident to the PERFORMING
AGENCY'S work performance.
(f) The Community agrees to indemnify and hold harmless TWC and
all of its employees and officers against any and all
liability, loss, or damage arising out of or incident to the
Community's work performance.
(g) The obligations of the Community under this Article are in
addition to the Community's other express or implied
assurances under this Contract or applicable law.
ARTICLE 2. PAYMENT
(a) The Community agrees to perform and complete all services and
reports identified in the the Scope of Services (see Exhibit
A) and prescribed by this Agreement in consideration of a
cost -based fee which shall not exceed $400,000 (which excludes
funds set aside for used oil programs) under any conditions.
Attachment C
Clean Cities 2000
Interlocal Contract
Page 1
(b) The Community shall promptly notify the EXECUTIVE DIRECTOR of
the TWC at such time as compensation attributable to the Scope
of Services reaches 80% of the amount stated in paragraph (a).
(c) Upon satisfactory completion of the work performed hereunder
and prior to final payment under this Contract for such work,
or prior to settlement upon termination of this Contract and
as a condition thereto, the Community shall execute and
deliver to the TWC a release of all claims against the TWC
arising under or by virtue of this Contract.
(d) The Community shall provide the TWC invoices documenting all
direct and indirect expenses incurred by the Community.
(e) Final Payment under this Contract or settlement upon
termination shall not constitute a waiver of the TWC's claims
against the Community.
ARTICLE 3. TERMINATION
(a) This Contract shall terminate upon full performance of all
requirements contained herein, unless extended in writing.
(b) This Contract may be terminated in whole or in part in writing
by either party in the event of substantial failure by the
other party to fulfill its obligation under this Contract
through no fault of the terminating party: Provided that no
such termination may be effected unless the other party is
given (1) not less than ten (10) days written notice
(delivered by certified mail, return receipt requested) of
intent to terminate, and (2) an opportunity for consultation
with the terminating party prior to termination.
(c) This Contract may be terminated in whole or in part in writing
by the TWC for its convenience: Provided that the Community
is given not less than ten (10) days written notice (delivered
by certified mail, return receipt requested) of intent to
terminate.
(d) If termination for default under paragraph (b) or termination
for convenience under paragraph (c) is effected by the TWC, an
equitable adjustment in the price provided for in this
Contract shall be made, but:
(1) no amount shall be allowed for anticipated profit on
unperformed services, tasks or other work, and
(2) any payment due the Community at the time of termination
may be adjusted to the extent of any additional costs
Attachment C
Clean Cities 2000
Interlocal Contract
Page 2
occasioned to the TWC by reason of the Community's
default. However, the equitable adjustment for any
termination shall provide for payment to the Community
for services rendered and expenses incurred prior to the
termination, in addition to termination settlement costs
reasonably incurred by the Community relating to
commitments which had become firm prior to the
termination.
(3) Any payments already advanced to the Community at the
time of termination for which valid expenses have not
been incurred prior to termination are the property of
the TWC and must be promptly returned by the Community to
TWC.
(e) Upon receipt of a termination notice pursuant to paragraphs
(b) or (c) above, all salvageable equipment or property
purchased by the Community with funds provided by the TWC in
furtherance of the Community'S meeting its obligations under
this contract shall immediately revert to the TWC.
(f) If, after termination for failure of the Community to fulfill
contractual obligations, it is determined that the Community
had not so failed, the termination shall be deemed to have
been effected for the convenience of the TWC. In such event,
adjustment of the price provided for in this Contract shall be
made as provided in paragraph (d) of this Article.
(g) If any delay or failure of performance is excused under
Article 19 of this Contract, the TWC may in its sole
discretion terminate this Contract in whole or in part. The
TWC shall give the Community not less than (10) calendar days'
written notice (delivered by certified mail, or overnight
delivery service, return receipt requested) of intent to
terminate and an opportunity for consultation prior to
termination. If such termination is effected, an equitable
adjustment shall be made in accordance with paragraph (d) of
this article.
ARTICLE 4. CHANGES
(a) The EXECUTIVE DIRECTOR or his Authorized Representative
identified pursuant to Article 13 may, at any time, by written
notification to the Community make changes within the general
scope of this Agreement in the services or work to be
performed. If such changes cause an increase or decrease in
the Community's cost of, or time required for, performance of
any services under this Agreement, an equitable adjustment
shall be made and this Agreement shall be modified in writing
Attachment C
Clean Cities 2000
Interlocal Contract
Page 3
accordingly. Any claim of the Community for adjustment under
this clause must be asserted in writing within thirty (30)
days from the date of receipt by the Community of the
notification of change unless the EXECUTIVE DIRECTOR or his
Authorized Representative grants a further period of time
before the date of final payment under this Agreement.
(b) No change that increases or affects the compensation to the
Community, as described in Article 2 of this Agreement, or
affects the accuracy of or changes the Scope of Service
attached hereto (any such change to be defined as a Major
Change), shall be effective unless this Agreement is formally
amended in writing. The EXECUTIVE DIRECTOR or his Authorized
Representative may also require a formal amendment to this
Agreement to increase the time allowed for any services or
other work required in Exhibit A (Scope of Work). A formal
amendment requires written justification for the Major Change,
a written description of the Major Change and the signatures
of the EXECUTIVE DIRECTOR and the Community. A formal
amendment for which the compensation will exceed the
contractual authority of the EXECUTIVE DIRECTOR also requires
the consent of a majority of Commissioners of the Texas Water
Commission.
(c) Before implementing any change under this Article that does
not require a formal amendment (such a change being defined as
a "Field Change") the Community must obtain the authorization
of the EXECUTIVE DIRECTOR'S Authorized Representative. A
Field Change may or may not change or affect the accuracy of
the Work Plan. Authorization to proceed with implementation
of a Field Change under this paragraph shall be evidenced by
a written description of the change signed by the Authorized
Representatives of the TWC and Community. If the Authorized
Representative does not provide authorization to proceed in
accordance with the preceding sentence, the change shall be
deemed a Major Change and authorization to proceed shall be
governed by paragraph (b) of this Article.
ARTICLE 5. ACCOUNTING SYSTEMS
The Community shall have an accounting system which accounts for
costs in accordance with generally accepted accounting standards or
principles. The Community must propose and account for costs in a
manner consistent with such standards or principles.
ARTICLE 6. AUDIT, ACCESS TO RECORDS
(a) The Community shall maintain and make available for
inspection, audit, or review books, records, documents, and
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other evidence directly pertinent to performance on all work
under this Contract, including negotiated changes or
amendments thereto, in accordance with accepted professional
practices, and appropriate accounting procedures and practices
at the Community's City Hall. The Community shall also make
available at City Hall the financial information and data used
by the Community in the preparation or support of the project
budget submitted to the TWC (see "Basis for Calculating
Reimbursable Costs," on page 1 of the contract and Attachment
B to the contract). The TWC or any of its duly authorized
representatives, shall have access to such books, records,
documents, and other evidence for the purpose of inspection,
audit review and, upon conference with the Community, copying.
All such information shall be handled by the auditing parties
in accordance with good business ethics.
(b) The Community agrees to include paragraphs (a) through (g) of
this Article in all its contracts and to require their
inclusion in all subcontracts directly related to project
performance that are in excess of Twenty -Five Thousand Dollars
($25,000).
(c) Audits conducted pursuant to this provision shall be in
accordance with generally accepted auditing standards and
established procedures and guidelines of the reviewing or
audit agency(ies).
(d) Where the audit concerns the Community, the auditing agency
will afford the Community an opportunity for an audit exit
conference and an opportunity to comment on the pertinent
portions of the draft audit report. The final audit report
will include the written comments, if any, of the audited
parties.
(e) Records under paragraph (a) above shall be maintained and made
available during performance on work under this Contract and
until three years from date of final payment by the TWC 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 an audit
exception has been taken shall be maintained and made
available until three years after the date of resolution of
such disputes, litigation, or claim or exception.
(f) Access to records is not limited to the required retention
periods. The TWC and any of its authorized representatives
shall have access to records at any reasonable time for as
long as the records are maintained.
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(g) This right of access article applies to financial records
pertaining to all subagreements and all subagreement change
orders and subagreement amendments.
ARTICLE 7. REMEDIES
Notwithstanding any other terms in this Agreement, or any
attachments or addenda hereto, or any documents comprising this
Agreement, all claims, counterclaims, disputes, and other matters
in question between TWC and the Community arising out of or
relating to this Agreement or the breach thereof will be decided in
a court of competent jurisdiction in the City of Austin, Travis
County, Texas. The parties may agree to submit such claims,
counterclaims, disputes, and other matters in question between TWC
and the Community to arbitration or mediation, but only by written
amendment to this Agreement signed by both TWC and the Community.
ARTICLE 8. EMPLOYMENT PRACTICES
The Community agrees that in the performance of this Contract, it
will not discriminate against any employee or applicant because of
race, religion, color, sex, age, or national origin and it will
comply with Executive Order 11246, entitled "Equal Employment
Opportunity", as amended by Executive Order 11375, and as
supplemented in Department of Labor Regulations (Title 41 CFR Part
60). The Community assures that no person will, on the grounds of
race, creed, color, handicap, national origin, sex, political
affiliation or beliefs, be excluded from, be denied the benefit of,
or be subject to discrimination under any program or activity
funded in whole or part under this contract.
ARTICLE 9. UTILIZATION OF SMALL, MINORITY, WOMEN'S BUSINESS AND
LABOR SURPLUS AREA ENTERPRISES
a) In accordance with TWC policy, the Community agrees that
qualified small, minority, and women's businesses and labor
surplus area firms shall have the maximum practicable
opportunity to participate in the performance of work under
this contract.
(b) In accordance with TWC policy, the Community agrees that it
will attempt to achieve thirty percent (30%) participation by
minority and women's enterprises and small business
enterprises in work performed for this project. If the
Community fails to achieve fifteen percent (15%) participation
over the duration of this project, it will demonstrate in
writing that it took the following affirmative action steps:
i. Placed qualified small and minority businesses and
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women's business enterprises on solicitation lists;
ii. Assured that such businesses enterprises were solicited
whenever they were potential sources;
iii. Divided total requirements, when economically feasible,
into smaller tasks or quantities to permit maximum
participation by such business enterprises;
iv. Established delivery schedules, where the requirement
_permitted, which encouraged participation by such
business enterprises;
V. Used the services and assistance of the Small Business
Administration and the Minority Business Development
Agency of the Department of Commerce; and
vi. Required its subcontractors to take the affirmative steps
listed in paragraphs i-v above in all of its subcontracts
that contemplate the letting of lower -tier subcontracts.
(c) The Community's failure to comply with the provisions of this
Article shall constitute a default under this Contract.
ARTICLE 10. PATENTS
If this Contract involves research, developmental, experimental, or
demonstration work and any discovery or invention arises or is
developed in the course of or under this Contract, the Community
shall report the discovery or invention to the TWC. The Community
may obtain a patent on such discovery or invention, but the TWC
hereby reserves a nonexclusive, royalty -free and irrevocable
license to use and to reproduce such materials, and to authorize
others to do so. The TWC also reserves a royalty -free
nonexclusive, and irrevocable license to use or to reproduce for
sale or otherwise, and to authorize others to use or reproduce, for
sale or otherwise, any patent rights to which the Community
purchases ownership with funds received under this Contract. The
Community covenants and warrants that it shall comply with all
laws, rules, and regulations relating to patent rights in its
performance of work under this contract. The Community shall
include provisions appropriate to effectuate the purposes of this
article in all subcontracts involving research, developmental,
experimental, or demonstration work under this Contract.
ARTICLE 11. COPYRIGHTS AND RIGHTS IN DATA
The Community agrees that if the Community produces any plans,
drawings, specifications, computer programs, technical reports,
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operating manuals, or other copyrightable work in the course of
performing this Contract, the Community may copyright the material,
but the TWC reserves a royalty -free, non-exclusive, and irrevocable
right to reproduce, publish, and use such materials, in whole or in
part, for any purpose, and to authorize others to do so. The TWC
also reserves a royalty -free, nonexclusive, and irrevocable license
to reproduce, publish or otherwise use, for any purpose whatsoever,
and to authorize others to use for any purpose whatsoever any
rights of copyright to which Community purchases ownership with
funds received under this Contract. The Community covenants and
warrants that it shall comply with all applicable laws, rules, and
regulations regarding patent rights in the performance of work
under this Contract. The Community shall include provisions
appropriate to effectuate the purposes of this article in all
subcontracts under which copyrightable work may be produced, or
under which rights of copyright may be purchased.
ARTICLE 12. SUBCONTRACTS
Any subcontractors and outside associates or consultants required
by the Community in connection with the services covered by this
Contract shall be limited to such individuals or firms as are
specifically approved by the EXECUTIVE DIRECTOR of the TWC, or a
person identified in writing under Article 13, during the
performance of this Contract. Any substitution in such
subcontractors, associates, or consultants shall be subject to the
prior written approval of the EXECUTIVE DIRECTOR or a person
identified in writing under Article 13.
ARTICLE 13. AUTHORIZED REPRESENTATIVES
a) The EXECUTIVE DIRECTOR hereby identifies the person authorized
to give direction to the Community:
Susan Raleigh Kaderka
(name)
Recycling Section Manager
(title)
Post Office Box 13087
(address)
Austin, Texas 78711-3087
b) The EXECUTIVE DIRECTOR hereby authorizes such identified person
to further delegate his or her authority as necessary, including
any delegation of authority to a TWC employee who will act as the
TWC's authorized field representative. Written notice of any such
delegation shall be provided to the Community.
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c) The Community hereby identifies to the TWC the person
authorized to receive direction from the TWC, to manage the work
being performed, and to act on behalf of the Community:
Lee Ramirez
(name)
Solid Waste Superintendent
(title)
P. 0. Box 2000
(address)
Lubbock, TX 79457
d) The Community agrees to make whatever arrangements are
necessary to ensure that the above -identified person, or someone to
whom that person has delegated his or her authority, is available
at all times for consultation with the TWC. Written notice of any
such delegation shall be provided to the TWC.
ARTICLE 14. PUBLICITY
The Community agrees to notify and obtain the written approval of
the RECEIVING AGENCY prior to releasing any information to the news
media regarding the activities being conducted under this Contract.
ARTICLE 15. LICENSES, PERMITS AND LAWS
The Community shall, except as otherwise provided in this Contract,
be responsible for obtaining any necessary licenses and permits,
and for complying with any applicable Federal, State, and Municipal
laws, codes and regulations, in connection with the work required
by this Contract.
ARTICLE 16. ENERGY EFFICIENCY STANDARDS
The Community shall 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).
ARTICLE 17. ACKNOWLEDGEMENT OF FINANCIAL SUPPORT
The Community shall acknowledge the financial support of the TWC
whenever work funded, in whole or part, by this Contract is
publicized or reported in news media or publications. All reports
and other documents completed as a part of this Contract, other
than documents prepared exclusively for internal use within the
TWC, shall carry the following notation on the front cover or title
page:
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PREPARED IN COOPERATION WITH THE
TEXAS WATER COMMISSION AND THE CITY OF LUBBOCK
The preparation of this report was financed through the Texas Water
Commission.
ARTICLE 18. PUBLIC DATA
All data and information developed under this Contract shall be
public data and information, and shall be made available to the TWC
upon demand by that Agency. Upon termination of this Contract, all
data and information shall remain available to the TWC upon demand
for so long as the data or information is retained by the
Community.
ARTICLE 19. FORCE MAJEURE
a) A force majeure event shall be defined to include decrees of
or restraints by a governmental instrumentality, acts of God
(except that rain, wind, flood or other natural phenomena
normally expected for the locality shall not be construed as
an act of God), work stoppages due to labor disputes or
strikes, fires, explosions, epidemics, riots, war, rebellion,
and sabotage.
b) Subject to the following conditions, and provided this
Contract has not been terminated as provided by Article 3(f)
of this Contract, if a delay or failure of performance by
either party results from the occurrence of a force majeure
event, the delay shall be excused and the time fixed for
completion of the work extended by a period equivalent to the
time lost because of the event if, and to the extent that:
1) the delay or failure was beyond the control of the party
affected and not due to its fault or negligence; and
2) the delay or failure was not extended because of the
affected party's failure to use all diligence to overcome
the obstacle or to resume performance immediately after
the obstacle was overcome.
c) No time extension shall be granted under this article unless
the party seeking relief has notified the other in writing
within ten (10) calendar days of the time of commencement of
the event, of the anticipated length and cause of the delay,
the measures taken or to be taken to minimize the delay, and
the timetable by which the Community intends to implement
these measures. The party seeking relief shall also give
written notice of the ending of the event within ten (10)
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calendar days after the event has ended.
d) If the Community is the party seeking relief under this
Article, the burden of proving a force majeure event has
occurred remains with it, and no extension shall be granted
unless the TWC agrees the occurrence constitutes a force
majeure event, which agreement may not be unreasonably
withheld.
e) The TWC shall be responsible only for costs incurred by the
Community after the prior written request by the EXECUTIVE
DIRECTOR, or his authorized representative, to incur such
costs in connection with any force majeure event. Neither the
TWC nor the Community shall have, and both hereby waive, any
claim whatever for any damages resulting from delays caused by
force majeure events.
f) In no event shall this Article lessen or modify the TWC's
rights as set out elsewhere in this Contract.
ARTICLE 20. ORDER OF PREFERENCE
Unless otherwise stated, a listing of factors, criteria or subjects
in this Contract does not constitute an order of preference.
ARTICLE 21. SEVERABILITY
If any provision of this Contract is held invalid, such invalidity
shall not affect any other provision which can be given effect
without the invalid provision, and to this end the provisions of
this Contract are declared to be severable.
ARTICLE 22. ASSIGNABILITY
This Contract is not transferable or otherwise assignable by the
Community.
ARTICLE 23. NOTICE
Any notice or other written communication, except for invoices
between the parties shall be considered delivered when postmarked
provided such notice or written communication is sent by certified
mail, return receipt requested, or delivered in person to the
authorized representative of the party specified in Article 13.
Authorized Representatives, above.
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ARTICLE 24. ENTIRE AGREEMENT
This Contract (including the document entitled "Interlocal
Contract," Attachments A-C thereto) represents the entire agreement
between the parties hereto and supersedes any and all prior
agreements between the parties, whether written or oral.
ARTICLE 25. AMENDMENTS
Any amendments, modifications or supplements to this Contract shall
be in writing and shall be signed by the parties to be charged.
Attachment C
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ATTACHMENT D
MINIMUM STANDARDS FOR PROGRAM COMPONENTS
For the purposes of this project, the following information
describes and defines the various recycling -program components that
comprise a comprehensive waste -reduction and recycling program,
identifies minimum standards concerning implementation and
operation of the component required by TWC, and establishes goals
and/or other implementation requirements for the component. Each
component requires a vigorous public -education campaign.
I. SOURCE REDUCTION AND REUSE
A. Description. Source reduction is any action that averts
the discarding of products or materials by reducing
material use or waste at the source. Source reduction
includes voluntary or imposed behavioral changes in use
and reuse of materials or products. Voluntary source
reduction and reuse results primarily from a coordinated
public education campaign. Programs to impose behavioral
changes include variable residential -garbage fees, limits
on the quantity of garbage collected, and bans on the
disposal of certain items.
B. Minimum Standards. An effective public -education
campaign is capable of reaching the majority of residents
and businesses in the community with information about
recycling and waste reduction. Examples of public -
education efforts include the use of neighborhood
volunteers for citizen education, public-service
announcements and media ads, descriptive brochures and
posters, utility bill stuffers and school programs.
Campaign materials should promote "precycling" concepts
such as changing consumption habits to reduce the amounts
of waste being generated.
C. Goals. A realistic goal for an effective source
reduction program is to generate 5 percent less waste,
not including yard waste that can be reduced through
"Don't Bag It" and backyard composting programs discussed
below.
II. RESIDENTIAL RECYCLING
A. Description. Residential recycling may be accomplished
through curbside (or alleyside) collection and/or drop-
off collection systems. Residential programs should
collect aluminum cans, newspaper, glass, steel cans, and
plastic containers, to the extent that markets for these
recyclables can be secured.
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B. Minimum Standards. An effective community -wide
residential recycling program provides a level of service
and convenience that is virtually as convenient as
garbage service, has high visibility, and results in
significant rates of participation and diversion.
Optimally, this means weekly house -to -house collection of
all materials that have locally available processors; it
could also mean a system of convenient and well -
maintained drop-off centers.
C. Goals. Recovering 50 percent of the targeted materials,
which themselves may comprise 25 percent of the
residential waste stream, is a reasonable goal for
residential recycling. Assuming the residential waste
stream is about half of the total municipal solid waste,
curbside recycling should recover over 6 percent overall.
III. "DON'T BAG IT" LAWN CARE PROGRAM
A. Description. "Don't Bag It" is a program to encourage
Texans to leave grass clippings on the lawn. The program
is coordinated by the Texas Agricultural Extension
Service (TAEX) through its county agents, using public
meetings, demonstration lawns, media events, and other
forms of public education.
B. Minimum Standards. In cooperation with TAEX, a community
is required to conduct a "Don't Bag It " public education
program which includes demonstration sites.
C. Goals. A 50 percent participation rate per community,
which should reduce the waste stream overall by 5
percent.
IV. BACKYARD COMPOSTING
A. Description. Composting is the controlled biological
decomposition of organic materials through microbial
activity. Backyard composting usually involves leaves
and grass clippings but can also use tree trimmings, food
waste, and other organics. For the purposes of this
project, the term composting also refers to other
beneficial uses of select organic materials, such as
mulching.
B. Minimum Standards. An effective backyard composting
program involves a public education campaign and a
program to demonstrate proper backyard composting
methods.
Attachment D
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W
C. Goals. An effective backyard composting program should
divert at least a quarter of a community's total yard
waste, or 5 percent overall.
CENTRALIZED COMMUNITY COMPOSTING OR OTHER BENEFICIAL USE OF
YARD WASTE
A. Description. A centralized community -composting program
involves the collection and composting of yard and
landscape waste. A beneficial -use program would involve
chipping and shredding of vegetative material for mulch.
Because these materials can be of a sizeable quantity,
many communities substitute separate yard -waste
collection for one of their garbage days.
B. Minimum Standards. The community must have available a
centralized yard -waste processing facility and must
either collect or accept yard and landscape waste.
C. Goals. Effective community -composting programs should
recover one-half of the total yard waste, or about 10
percent of the overall waste stream.
VI. PUBLIC AND PRIVATE SECTOR WORKPLACE RECYCLING
A. Description. Workplace recycling involves programs to
encourage recycling and waste reduction in business,
industry and government. Workplace recycling programs
typically recover paper, plastic, metal and wood.
B. Minimum Standards. Local government entities should
implement in-house programs to recover aluminum,
corrugated cardboard and high-grade paper as directed by
Senate Bill 1340, (1991). In addition, the community
should demonstrate efforts to encourage workplace
recycling through public education and/or the
implementation of other cooperative waste -reduction
efforts between the public and private sectors.
C. Goals. Public and private workplace recycling should
achieve a 10 to 20 percent waste -reduction rate.
VII. USED OIL COLLECTION
A. Description. Used -oil recycling involves the collection
of used motor oil generated by individuals who change
their own oil. Used oil may be collected at either
publicly or privately run drop-off points or through
curbside collection programs.
Attachment D
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B. Minimum Standards. Communities should establish drop-off
centers within five miles of 80 percent of the
population, or within ten miles of 90 percent of the
population.
C. Goals. A recovery of one-third of the used oil generated
by individuals (do-it-yourselfers) represents a realistic
goal for used oil reclamation.
VIII. WASTE TIRE CLEAN-UP
A. Description. This program promotes and implements
community clean-up of discarded tires.
B. Minimum Standards. If the community can identify a
significant problem with illegally discarded waste tires,
it should organize at least one major tire clean-up
effort.
C. Goals. The goal is to capture and recycle tires that are
not included in the state's effort to clean up illegal
tire dumps.
Attachment D
Clean Cities 2000
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Page 4
THE STATE OF TEXAS
COUNTY OF TRAVIS
CLEAN CITIES 2000
INTERLOCAL CONTRACT
THIS INTERLOCAL CONTRACT ("CONTRACT") is entered into by and
between the Governmental Entities shown below as Contracting
Parties, pursuant to the authority granted and in compliance with
the provisions of "The Interlocal Cooperation Act," Texas
Government Code, Chapter 791.
I. CONTRACTING PARTIES:
The Receiving Agency: Texas Water Commission ("TWC")
The Performing Party: City of Lubbock ("Community")
II. STATEMENT OF SERVICES TO BE PERFORMED:
See "Attachment A"
III. BASIS FOR CALCULATING REIMBURSABLE COSTS:
See "Attachment B"
IV. CONTRACT AMOUNT
The total amount of this contract shall not exceed:
Four Hundred Thousand Dollars ($400,000)
(words) (figures)
V. ADDITIONAL CONTRACT PROVISIONS
See "Attachment C"
VI. MINIMUM STANDARDS FOR PROGRAM COMPONENTS
See "Attachment D"
VII. ATTACHMENTS
Attachments "A-D" are attached to this Contract
and are hereby incorporated herein and made a
part of this Contract for all purposes.
THE TEXAS WATER COMMISSION certifies that it has the authority to
contract for the above services by authority granted in the Current
Appropriations Act; TEX. WATER CODE §5.229 and TEX. HEALTH & SAFETY
CODE §§363.094 and 363.095(b)(2).
PERFORMING PARTY certifies that it has authority to perform the
services contracted for by authority granted in
(Statute, Constitution, Appropriations Bill)
RECEIVING AGENCY
PERFORMING PARTY
Texas Water Commission
City of Lubbock
(Name_ of Agency)
(Name of Party)
f
By:
By:
(Authorized Signature)
(A ized i nat)_
Jesus Garza
DAVID R. LANGSTON
(Printed Name)
(Printed Name)
Executive Director
MAYOR ✓ lL�-' '
(Title)
)
Date:
Date: November 12; i992'11,
ATTEST:
Sally StilA Abbe,
Acting City Secretary
APPROVED AS TO CONTENT:
Rita P . Harmon,
Assistant City Manager of Public
Safety & Services
VED AS TO FORM:
(AA(J' \L(
n d G. Vandiver,
First Assistant City Attorney
ATTACHMENT A
SCOPE OF SERVICES
I. PURPOSE
A. Implement new or expand existing recycling programs. The purpose of the work
performed under this contract shall be to develop, implement, and ensure
successful operation of a comprehensive municipal -solid -waste reduction and
recycling program within the area(s) of program jurisdiction described in Section
III of this Attachment. The program shall be designed to reduce to the maximum
extent feasible the amount of waste disposed as set forth in the goals and
objectives of the Texas Water Commission's (TWC's) Clean Texas 2000
Program. PERFORMING PARTY, hereinafter referred to as the Community,
shall address at a minimum each of the following components of a comprehensive
waste reduction and recycling program:
1. Source Reduction and Reuse;
2. Residential Recycling;
3. "Don't Bag It" Lawn Care Program;
4. Backyard Composting;
5. Centralized Community Composting or other beneficial use of Yard
Waste, such as mulching or direct land application;
6. Public and Private Sector Workplace Recycling;
7. Used Oil Collection; and
8. Tire Clean -Up.
B. Maintain accurate records. The Community shall maintain accurate records
which include costs, revenues, quantities of waste disposed, quantities of
materials recovered or otherwise diverted, participation rates, and other
performance measures, by program component where appropriate.
C. Provide regular reports. The Community shall provide quarterly and annual
progress reports and the appropriate supporting documents (see Section VII).
D. Serve to demonstrate programs and program start-up procedures to other
communities. One purpose of the work to be performed under this Contract is
to demonstrate to neighboring communities information or procedures concerning
the establishment of successful solid -waste reduction and/or recycling programs.
The Community shall independently, and in cooperation with TWC, serve as a
demonstration or model Community.
Attachment A
Clean Cities 2000
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Page 1
E. Purchase recycled products. The Community shall follow directives set forth in
SB 1340 (1991) and U.S. EPA guidelines for procurement of recycled products,
and shall participate in the Texas General Services Commission's Cooperative
Purchasing program.
F. Assign a recycling c000rdinator. The Community should employ a full-time
recycling coordinator to oversee the programs described herein.
H. DESCRIPTIONS OF COMPONENTS OF COMPREHENSIVE MUNICIPAL
RECYCLING PROGRAM
Attachment D contains, for each of the program components listed in Section I, specific
information that: (1) describes and defines the component, (2) identifies Texas Water
Commission minimum standards concerning implementation and operation of the
component, and (3) establishes goals and/or other implementation requirements for the
component.
III. PROGRAM JURISDICTION
The maximum funding amount, indicated in Section IV of this Attachment, is herein
provided by TWC to support, throughout the term of this Contract, a comprehensive
waste -reduction and recycling program designed to serve all of the residents living within
the city limits of the City of Lubbock. For the purpose Iof this Contract, these
boundaries represent the program boundaries and define the primary geographic area of
concern for the Community's recycling coordinator described in Section V of this
Attachment.
IV. AVAILABLE PROGRAM RESOURCES AND TERM OF CONTRACT
A. Financial resources provided by TWC. A maximum amount of $400,000 for use
by the Community during the Contract Term set forth in this Contract, not
including used -oil program costs (as specified in Paragraph B, below), is available
to assist the Community in meeting the following program -related costs:
1. Salary and fringe benefits (as defined for all regular city employees) to
support a full-time municipal recycling coordinator to be hired by the
Community for the purpose of coordinating the planning, design,
implementation and operation of a comprehensive municipal -solid -waste
reduction and recycling program;
2. Program start-up costs including, where pre -approved by TWC, necessary
site preparation, construction and/or contractor -provided costs;
3. Equipment -acquisition costs (either purchase or lease) where such
Attachment A
Clean Cities 2000
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Page 2
equipment is indicated in the approved program plan as required or
recommended so as to ensure success of one or more program
components. Each equipment acquisition must be pre -approved by TWC;
4. Staff travel and training expenses directly related to the Texas Water
Commission's Clean Cities 2000 Program and/or the operation and
management of the Community's approved, comprehensive municipal -
solid -waste reduction and recycling program;
5. Start-up public information/education costs; and
6. Operational costs. Generally operational costs shall be borne by the
Community. However, the Community may include in its program -design
proposal the implementation of a fixed -term pilot program with a specific
purpose, such as to determine the best method for collecting materials or
to determine what participation rates and material recovery rates to expect.
Requests for such pilot -program expenses must include the purpose and
term for conducting the pilot program.
B. Used oil program. Communities shall receive separate funding for used oil
collection and recycling as defined in Attachment D, Section VII.
C. Technical assistance. Throughout the term of this Contract, and in particular
during the program -design phase described in Section VI of this Attachment,
TWC shall provide technical assistance. Technical assistance shall include
provision of expert advice and information pertinent to the planning and
implementation of Clean Cities 2000 program components.
D. Consulting services available. In addition to staff -provided technical assistance
(as described in Paragraph C, above), TWC shall make available to the
Community (on a time -available basis) the services of a professional consultant
under contract with TWC to help the Community develop a program design.
E. Training assistance. Throughout the term of this Contract, TWC shall make
available to and notify the Community of training materials or programs offered
by TWC for Clean Cities 2000 recycling program employees, community
volunteers, and appropriate citizen groups.
F. Public education/awareness assistance. TWC will assist the Community in
developing and implementing necessary public -education and awareness projects,
for use within the program jurisdiction area described in Section III of this
Contract. Such projects shall be designed to support the municipal -recycling
program components.
Attachment A
Clean Cities 2000
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Page 3
G. Community's contribution. The Community is required under this Contract to
provide for the following program -management and operational costs:
1. All financial support for the Community's recycling coordinator in excess
of that provided in Paragraph A.1. of this Section or under Section V of
this Contract;
2. Program administration costs;
3. On -going operation of the approved reduction/recycling program
components including operation and maintenance of equipment; and
4. Staff acquisition and maintenance costs (including salaries, wages, fringe
benefits, and all indirect costs), except as provided herein for the
recycling coordinator or for approved pilot programs.
H. Term of Contract. The contract period is effective upon execution and through
8/31/94.
V. RECYCLING COORDINATOR
A. Duties and responsibilities. The Community is authorized to fund a full-time
municipal recycling coordinator, if the Community does not have one already.
This coordinator shall be responsible for the following:
1. Working closely with the Texas Water Commission's Recycling and Waste
Minimization section and its consultants to design a comprehensive
recycling program;
2. Submitting a program -design proposal within the deadlines contained in
this Attachment;
3. Coordinating the planning, implementation, and operation of the TWC-
approved comprehensive waste -recycling program;
4. Collecting program data;
5. Submitting required reports; and
6. Cooperating with TWC and other local communities, as necessary, to
allow the program funded under this Contract to serve as a demonstration
or pilot program.
B. Minimum qualifications. The municipal recycling coordinator must, at a
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minimum, have demonstrated some experience in municipal recycling, be an
effective communicator, be able to work with a wide range of types of groups and
individuals, be able to coordinate the activities of others, and be able to work
with the media.
C. Authorized salary expenses. Upon the hiring of a recycling coordinator meeting
the minimum qualifications in B, above, TWC shall advance to the Community
up to $40,000 (salary and fringe benefits) of the funds identified in Paragraph A
of Section IV of this Attachment to pay for the full annual salary and fringe
benefits of the recycling coordinator.
VI. SUBMITTAL AND APPROVAL OF PROGRAM DESIGN
A. Program -design proposal submittal deadline. By no later than March 15, 1993,
the Community shall submit for review by TWC a program -design proposal
covering the comprehensive municipal -recycling program for the area described
in Section III of this Attachment.
B. Procedure for obtaining approval of program design. Within 15 working days of
receiving a proposal, TWC will either approve the proposal or provide the
Community with written comments, questions, or recommended changes in the
program design to achieve the purpose of the project. Upon receipt of TWC's
comments or recommended changes, the Community shall submit a revised
proposal that addresses the changes recommended by TWC to bring the plan into
compliance with the obligations set out in this Contract.
C. Deadline for receiving design approval. Unless extended by the EXECUTIVE
DIRECTOR of TWC in writing, a program -design proposal will not be approved
later than May 1, 1993.
D. Components of the Comprehensive Municipal -Recycling Program -Design
Proposal. The Community shall address, at a minimum, each of the following
components as part of its program -design proposal:
1. Source Reduction and Reuse;
2. Residential Recycling;
3. "Don't Bag It" Lawn Care Program;
4. Backyard Composting;
5. Centralized Community Composting or other beneficial use of Yard
Waste, such as direct land application or mulching;
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6. Public and Private Sector Workplace Recycling;
7. Used Oil Collection/Recycling; and
8. Tire Clean -Up.
E. Content of Proposal. The program -design proposal shall include a description of
the Community's existing waste management practices and recycling programs
to provide baseline information from which success of the Clean Cities program
will be measured. The proposal shall also include, at a minimum, the following
for each of the program components listed in Section VI(D) of this attachment:
1. Description of the program component, including the materials targeted
for recovery, recovery system to be used, the materials -processing
methods, and marketing efforts;
2. Implementation schedule setting out each milestone of each program
component, such as ordering vehicles and equipment, hiring employees,
signing contracts, and starting collection or initiating service;
3. Budget, including costs for capital equipment, implementation, on -going
operation, and other associated costs, such as travel and training;
4. Description of capital equipment;
5. Markets, or end -uses, for reclaimed or recycled materials targeted by the
program component;
6. Description of public -education effort;
7. Policies adopted, or to be adopted, if any, by the Community to support
each program component, such as implementation of variable residential -
garbage fees, reduction of garbage -collection frequency, and determination
and publication of the full cost of each solid -waste service;
8. Training requirements for Community employees and other appropriate
participants;
9. Plans to continue operation and funding beyond the funding period; and
10. Description of work or services, if any, to be contracted out to other
parties.
F. Program component start-up deadlines. Under this Contract the Community shall
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take whatever measures are necessary in both the program -design -proposal and
implementation phases to ensure that the various identified program components
are initiated according to the timetable outlined in Section VI, Paragrah E.2.
G. Plan -amendment procedure. The Community can submit a request to amend its
approved program design by submitting to TWC a description of the proposed
changes. Within 15 working days of receiving an amendment request, TWC will
either approve the amendment or provide the Community with written comments
or questions.
H. - Failure to comply substantially with approved plan. Failure on the part of the
Community to comply substantially with the approved municipal -recycling
program design, may be grounds for termination of this Contract by TWC. At
such time, any salvageable property shall revert to TWC.
I. After approval by TWC, the program -design proposal will be included in the
Contract as Attachment E.
VII. RECORDKEEPING AND REPORTING
A. Recordkeeping. Records shall be maintained which shall include but not be
limited to the items that follow.
1. Time Records. Accounting shall be made as to each month or partial
month that an individual works for the grant project, within the contract
period. Individual time records do not have to be submitted with reports
but shall be available for review upon request by TWC personnel.
2. Financial Records. An accounting shall be made of all monies expended
on the comprehensive recycling program and the source(s) of those
monies, through generally accepted accounting procedures. The
accounting of the monies expended shall be submitted as a part of the
quarterly report required under VII.B. following.
3. Equipment Records. Appropriate records shall be kept on all equipment
purchased, operated, or maintained with grant funds.
B. Quarterly Reports. Within 30 days after the close of every quarterly (three-
month) period covered by this grant contract, the Community shall submit a
progress report which includes the following information:
1. Description of the progress toward implementing each program
component, including equipment acquisitions, personnel assignments,
policies adopted, contracts signed, and costs to implement, operate, and
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maintain each recycling program component;
2. Measures of performance for each program component including, where
applicable, program participation rates, weight or volume of each material
collected and marketed, revenue received, and markets utilized, by
material;
3. A description of public -awareness activities conducted during the period,
both paid and citizens' network, including publications, advertising, and
media coverage.
C. The Community shall provide annual reports within 30 days after the end of each
contract year, which include the following information:
1. Summary of the information contained within the quarterly reports;
2. Status of the Community's waste -management system and policies,
including a description of the various collection and handling operations,
and facilities;
3. Annual operating costs of the various waste -management collection,
handling, processing, and disposal operations;
4. For the portion of the waste stream under the jurisdiction of the
Community, the recycling rate, waste -reduction rate, and per capita
generation rate as determined using TWC guidelines from Texas Water
Code, Chapter 330, Municipal Solid Waste Subchapter Z. Waste
Minimization and Recyclable Materials; and
5. Analysis of problems and successful experiences in the operation during
the period, and measures taken to resolve problems and increase efficiency
and participation.
VIII. TRANSFER OF GRANT FUNDS
A. Upon final execution of this Contract, the Community may request an advance
of funds, such amount not to exceed the amount authorized in Section V of this
Attachment for the annual salary and fringe benefits of the recycling coordinator
($40,000).
B. Upon approval by TWC of the program design (Recycling and Waste
Minimization Division) and fund availability (Fiscal Division), the Community
may request an advance of funds for large -expense items detailed in the program
design. At the time of the request, the Community must demonstrate that it will
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definitely incur each approved large -expense item. Demonstrating that an
expense will be incurred includes evidence that equipment or service has been
ordered, i.e. a purchase order, for example. In addition, evidence of the payment
schedule and delivery date should be included.
C. Upon approval by TWC of the program design, the Community may thereafter
request monthly reimbursement of approved expenses detailed in the program
design, but not eligible for advancement of funds under Section VIII(B) of this
Attachment.
D. The Community may request an advance of funds for the second year's annual
salary and fringe benefits of the recycling coordinator as described in Section V,
Paragraph C.
E. The TWC cannot transfer funds for expenses incurred after August 31, 1993.
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ATTACHMENT B
ELIGIBLE REIMBURSABLE COSTS AND PAYMENT PROCEDURES
ARTICLE 1. AUTHORIZED EXPENSES
(a). Total FUNDING AGENCY (TWC) obligation for expenses (costs) authorized under this
Contract shall not exceed the amount set forth on page 1 of this Contract under Section
IV, titled "Contract Amount."
(b). The Performing Party is responsible, throughout the term of this Contract, for tracking
and insuring that expenditure amounts under this Contract remain within the various
budget categories set forth in Attachment A, VI.E. If the Performing Party determines
that revisions to any of these various, category -specific, amounts are necessary or
believes that revisions to the various category amounts would be mutually desirable with
respect to the work or services required under this Contract, the Performing Party should
contact the individual identified as the "Authorized Representative" in Attachment C,
Article 13 of this Contract, and request direction as to whether a Contract amendment
to Attachment E should be pursued, a minor budget category revision requested, or
whether some other course of action might be necessary or appropriate.
ARTICLE 2. ADDITIONAL AUTHORIZATIONS REQUIRED
The following authorization (approval) requirements to expend, or to be reimbursed with, funds
available under this Contract are in effect:
(a). Travel - Related Costs. All travel related expenses, whether for in -state or out-of-state
travel, will be claimed at the same rates allowed by the State of Texas for its employees.
No out-of-state travel expenses shall be eligible for reimbursements unless such travel
has been approved ahead of time, in writing, by the TWC. All travel for which expenses
are claimed must be in connection with the scope of work or services required under
Attachment A of this Contract.
1. mileage will be reimbursed at 27.5 cents per mile, per diem for employees will be
for actual costs (lodging and meals) up to $80 per day per individual ($25 meals and $55
lodging).
2. services of employees will be calculated based on normal salary schedules and
associated fringe benefits, and services of specialized equipment will be calculated on a
daily or monthly basis as appropriate.
(b). Equipment Expenditures. No purchases of equipment (items costing more than $500
dollars, and computer hardware and software) shall be eligible for reimbursement without
prior approval, in writing, by the TWC.
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(c). Contractual Expenditures. Any changes to contractual expenses, the subcontractor, or
the contract with the subcontractor as identified in Attachment E of this Contract, will
require approval of the TWC.
ARTICLE 3. PAYMENT REQUEST PROCEDURES
(a). The Performing Party, in order to obtain reimbursement for those expenditures
authorized under this Contract, shall submit, no more frequently than once per month,
all five copies of a properly completed STATE OF TEXAS PURCHASE VOUCHER
(Comptroller of Public Accounts Form 74-112). Each submitted voucher shall be
accompanied by a properly completed and signed TWC FINANCIAL STATUS Report
(State Supplemental Form 269a) which clearly indicates, for each Contract -contained
budget category, the Performing Party's expenditures or encumbrances for the period in
question, the Performing Party's cumulative expenditures or encumbrances with respect
to each budget category, and the balance remaining in each category following
reimbursement of the amount being requested. Vouchers and State Supplemental 269a
Forms shall be mailed or delivered to the attention of the "MSW Grants Coordinator"
at the following address:
Texas Water Commission
Municipal Solid Waste Division
P.O. Box 13087
Austin, Texas 78711
(b). The Funding Agency reserves the right to suspend payment for any services or reports
required by this Contract pending the Performing Party's completion, revision or
correction of such services or reports.
ARTICLE 4. FINANCIAL STATUS REPORT
A final financial status report, utilizing TWC Form 270, shall be submitted by the Performing
Party by no later than 45 days following the end of the Contract period.
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ATTACHMENT C
ADDITIONAL CONTRACT PROVISIONS
ARTICLE 1. RESPONSIBILITY OF THE COMMUNITY
(a) The PERFORMING PARTY, herein referred to as the Community,
shall be responsible for the professional quality, technical
accuracy, timely completion and the coordination of all
services and other work furnished by the Community under this
Contract.
(b) The Community shall perform such professional services as may
be necessary to accomplish the work required to be performed
under this Contract, in accordance with this Contract and
applicable TWC requirements and any and all applicable law.
(c) Neither the TWC'S review, approval or acceptance of, nor
payment for any of the services shall be construed to operate
as a waiver of any rights under this Contract or of any cause
of action arising out of the performance of this Contract; and
the Community shall be, and remain, liable in accordance with
applicable law for all damages to the TWC including reasonable
attorneys' fees and court costs caused by the Community's
negligent performance of any of the services furnished under
this Contract.
(d) In performing any services hereunder, the Community is, and
undertakes performance as, an independent contractor.
(e) The Community shall be, and shall remain, liable in accordance
with applicable law for any and all bodily injury, disease, or
death of third persons or loss of or damage to property of
third persons arising out of or incident to the PERFORMING
AGENCY'S work performance.
(f) The Community agrees to indemnify and hold harmless TWC and
all of its employees and officers against any and all
liability, loss, or damage arising out of or incident to the
Community's work performance.
(g) The obligations of the Community under this Article are in
addition to the Community's other express or implied
assurances under this Contract or applicable law.
ARTICLE 2. PAYMENT
(a) The Community agrees to perform and complete all services and
reports identified in the the Scope of Services (see Exhibit
A) and prescribed by this Agreement in consideration of a
cost -based fee which shall not exceed $400,000 (which excludes
funds set aside for used oil programs) under any conditions.
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(b) The Community shall promptly notify the EXECUTIVE DIRECTOR of
the TWC at such time as compensation attributable to the Scope
of Services reaches 800 of the amount stated in paragraph (a).
(c) Upon satisfactory completion of the work performed hereunder
and prior to final payment under this Contract for such work,
or prior to settlement upon termination of this Contract and
as a condition thereto, the Community shall execute and
deliver to the TWC a release of all claims against the TWC
arising under or by virtue of this Contract.
(d) The Community shall provide the TWC invoices documenting all
direct and indirect expenses incurred by the Community.
(e) Final Payment under this Contract or settlement upon
termination shall not constitute a waiver of the TWC's claims
against the Community.
ARTICLE 3. TERMINATION
(a) This Contract shall terminate upon full performance of all
requirements contained herein, unless extended in writing.
(b) This Contract may be terminated in whole or in part in writing
by either party in the event of substantial failure by the
other party to fulfill its obligation under this Contract
through no fault of the terminating party: Provided that no
such termination may be effected unless the other party is
given (1) not less than ten (10) days written notice
(delivered by certified mail, return receipt requested) of
intent to terminate, and (2) an opportunity for consultation
with the terminating party prior to termination.
(c) This Contract may be terminated in whole or in part in writing
by the TWC for its convenience: Provided that the Community
is given not less than ten (10) days written notice (delivered
by certified mail, return receipt requested) of intent to
terminate.
(d) If termination for default under paragraph (b) or termination
for convenience under paragraph (c) is effected by the TWC, an
equitable adjustment in the price provided for in this
Contract shall be made, but:
(1) no amount shall be allowed for anticipated profit on
unperformed services, tasks or other work, and
(2) any payment due the Community at the time of termination
may be adjusted to the extent of any additional costs
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occasioned to the TWC by reason of the Community's
default. However, the equitable adjustment for any
termination shall provide for payment to the Community
for services rendered and expenses incurred prior to the
termination, in addition to termination settlement costs
reasonably incurred by the Community relating to
commitments which had become firm prior to the
termination.
(3) Any payments already advanced to the Community at the
time of termination for which valid expenses have not
been incurred prior to termination are the property of
the TWC and must be promptly returned by the Community to
TWC.
(e) Upon receipt of a termination notice pursuant to paragraphs
(b) or (c) above, all salvageable equipment or property
purchased by the Community with funds provided by the TWC in
furtherance of the Community'S meeting its obligations under
this contract shall immediately revert to the TWC.
(f) If, after termination for failure of the Community to fulfill
contractual obligations, it is determined that the Community
had not so failed, the termination shall be deemed to have
been effected for the convenience of the TWC. In such event,
adjustment of the price provided for in this Contract shall be
made as provided in paragraph (d) of this Article.
(g) If any delay or failure of performance is excused under
Article 19 of this Contract, the TWC may in its sole
discretion terminate this Contract in whole or in part. The
TWC shall give the Community not less than (10) calendar days'
written notice (delivered by certified mail, or overnight
delivery service, return receipt requested) of intent to
terminate and an opportunity for consultation prior to
termination. If such termination is effected, an equitable
adjustment shall be made in accordance with paragraph (d) of
this article.
ARTICLE 4. CHANGES
(a) The EXECUTIVE DIRECTOR or his Authorized Representative
identified pursuant to Article 13 may, at any time, by written
notification to the Community make changes within the general
scope of this Agreement in the services or work to be
performed. If such changes cause an increase or decrease in
the Community's cost of, or time required for, performance of
any services under this Agreement, an equitable adjustment
shall be made and this Agreement shall be modified in writing
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accordingly. Any claim of the Community for adjustment under
this clause must be asserted in writing within thirty (30)
days from the date of receipt by the Community of the
notification of change unless the EXECUTIVE DIRECTOR or his
Authorized Representative grants a further period of time
before the date of final payment under this Agreement.
(b) No change that increases or affects the compensation to the
Community, as described in Article 2 of this Agreement, or
affects the accuracy of or changes the Scope of Service
attached hereto (any such change to be defined as a Major
Change), shall be effective unless this Agreement is formally
amended in writing. The EXECUTIVE DIRECTOR or his Authorized
Representative may also require a formal amendment to this
Agreement to increase the time allowed for any services or
other work required in Exhibit A (Scope of Work). A formal
amendment requires written justification for the Major Change,
a written description of the Major Change and the signatures
of the EXECUTIVE DIRECTOR and the Community. A formal
amendment for which the compensation will exceed the
contractual authority of the EXECUTIVE DIRECTOR also requires
the consent of a majority of Commissioners of the Texas Water
Commission.
(c) Before implementing any change under this Article that does
not require a formal amendment (such a change being defined as
a "Field Change") the Community must obtain the authorization
of the EXECUTIVE DIRECTOR'S Authorized Representative. A
Field Change may or may not change or affect the accuracy of
the Work Plan. Authorization to proceed with implementation
of a Field Change under this paragraph shall be evidenced by
a written description of the change signed by the Authorized
Representatives of the TWC and Community. If the Authorized
Representative does not provide authorization to proceed in
accordance with the preceding sentence, the change shall be
deemed a Major Change and authorization to proceed shall be
governed by paragraph (b) of this Article.
ARTICLE 5. ACCOUNTING SYSTEMS
The Community shall have an accounting system which accounts for
costs in accordance with generally accepted accounting standards or
principles. The Community must propose and account for costs in a
manner consistent with such standards or principles.
ARTICLE 6. AUDIT, ACCESS TO RECORDS
(a) The Community shall maintain and make available for
inspection, audit, or review books, records, documents, and
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other evidence directly pertinent to performance on all work
under this Contract, including negotiated changes or
amendments thereto, in accordance with accepted professional
practices, and appropriate accounting procedures and practices
at the Community's City Hall. The Community shall also make
available at City Hall the financial information and data used
by the Community in the preparation or support of the project
budget submitted to the TWC (see "Basis for Calculating
Reimbursable Costs," on page 1 of the contract and Attachment
B to the contract). The TWC or any of its duly authorized
representatives, shall have access to such books, records,
documents, and other evidence for the purpose of inspection,
audit review and, upon conference with the Community, copying.
All such information shall be handled by the auditing parties
in accordance with good business ethics.
(b) The Community agrees to include paragraphs (a) through (g) of
this Article in all its contracts and to require their
inclusion in all subcontracts directly related to project
performance that are in excess of Twenty -Five Thousand Dollars
($25,000).
(c) Audits conducted pursuant to this provision shall be in
accordance with generally accepted auditing standards and
established procedures and guidelines of the reviewing or
audit agency(ies).
(d) Where the audit concerns the Community, the auditing agency
will afford the Community an opportunity for an audit exit
conference and an opportunity to comment on the pertinent
portions of the draft audit report. The final audit report
will include the written comments, if any, of the audited
parties.
(e) Records under paragraph (a) above shall be maintained and made
available during performance on work under this Contract and
until three years from date of final payment by the TWC 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 an audit
exception has been taken shall be maintained and made
available until three years after the date of resolution of
such disputes, litigation, or claim or exception.
(f) Access to records is not limited to the required retention
periods. The TWC and any of its authorized representatives
shall have access to records at any reasonable time for as
long as the records are maintained.
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(g) This right of access article applies to financial records
pertaining to all subagreements and all subagreement change
orders and subagreement amendments.
ARTICLE 7. REMEDIES
Notwithstanding any other terms in this Agreement, or any
attachments or addenda hereto, or any documents comprising this
Agreement, all claims, counterclaims, disputes, and other matters
in question between TWC and the Community arising out of or
relating to this Agreement or the breach thereof will be decided in
a court of competent jurisdiction in the City of Austin, Travis
County, Texas. The parties may agree to submit such claims,
counterclaims, disputes, and other matters in question between TWC
and the Community to arbitration or mediation, but only by written
amendment to this Agreement signed by both TWC and the Community.
ARTICLE 8. EMPLOYMENT PRACTICES
The Community agrees that in the performance of this Contract, it
will not discriminate against any employee or applicant because of
race, religion, color, sex, age, or national origin and it will
comply with Executive Order 11246, entitled "Equal Employment
Opportunity", as amended by Executive Order 11375, and as
supplemented in Department of Labor Regulations (Title 41 CFR Part
60). The Community assures that no person will, on the grounds of
race, creed, color, handicap, national origin, sex, political
affiliation or beliefs, be excluded from, be denied the benefit of,
or be subject to discrimination under any program or activity
funded in whole or part under this contract.
ARTICLE 9. UTILIZATION OF SMALL, MINORITY, WOMEN'S BUSINESS AND
LABOR SURPLUS AREA ENTERPRISES
a) In accordance with TWC policy, the Community agrees that
qualified small, minority, and women's businesses and labor
surplus area firms shall have the maximum practicable
opportunity to participate in the performance of work under
this contract.
(b) In accordance with TWC policy, the Community agrees that it
will attempt to achieve thirty percent (30%) participation by
minority and women's enterprises and small business
enterprises in work performed for this project. If the
Community fails to achieve fifteen percent (15%) participation
over the duration of this project, it will demonstrate in
writing that it took the following affirmative action steps:
i. Placed qualified small and minority businesses and
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women's business enterprises on solicitation lists;
ii. Assured that such businesses enterprises were solicited
whenever they were potential sources;
iii. Divided total requirements, when economically feasible,
into smaller tasks or quantities to permit maximum
participation by such business enterprises;
iv. Established delivery schedules, where the requirement
_permitted, which encouraged participation by such
business enterprises;
V. Used the services and assistance of the Small Business
Administration and the Minority Business Development
Agency of the Department of Commerce; and
vi. Required its subcontractors to take the affirmative steps
listed in paragraphs i-v above in all of its subcontracts
that contemplate the letting of lower -tier subcontracts.
(c) The Community's failure to comply with the provisions of this
Article shall constitute a default under this Contract.
ARTICLE 10. PATENTS
If this Contract involves research, developmental, experimental, or
demonstration work and any discovery or invention arises or is
developed in the course of or under this Contract, the Community
shall report the discovery or invention to the TWC. The Community
may obtain a patent on such discovery or invention, but the TWC
hereby reserves a nonexclusive, royalty -free and irrevocable
license to use and to reproduce such materials, and to authorize
others to do so. The TWC also reserves a royalty -free
nonexclusive, and irrevocable license to use or to reproduce for
sale or otherwise, and to authorize others to use or reproduce, for
sale or otherwise, any patent rights to which the Community
purchases ownership with funds received under this Contract. The
Community covenants and warrants that it shall comply with all
laws, rules, and regulations relating to patent rights in its
performance of work under this contract. The Community shall
include provisions appropriate to effectuate the purposes of this
article in all subcontracts involving research, developmental,
experimental, or demonstration work under this Contract.
ARTICLE 11. COPYRIGHTS AND RIGHTS IN DATA
The Community agrees that if the Community produces any plans,
drawings, specifications, computer programs, technical reports,
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operating manuals, or other copyrightable work in the course of
performing this Contract, the Community may copyright the material,
but the TWC reserves a royalty -free, non-exclusive, and irrevocable
right to reproduce, publish, and use such materials, in whole or in
part, for any purpose, and to authorize others to do so. The TWC
also reserves a royalty -free, nonexclusive, and irrevocable license
to reproduce, publish or otherwise use, for any purpose whatsoever,.
and to authorize others to use for any purpose whatsoever any
rights of copyright to which Community purchases ownership with
funds received under this Contract. The Community covenants and
warrants that it shall comply with all applicable laws, rules, and
regulations regarding patent rights in the performance of work
under this Contract. The Community shall include provisions
appropriate to effectuate the purposes of this article in all
subcontracts under which copyrightable work may be produced, or
under which rights of copyright may be purchased.
ARTICLE 12. SUBCONTRACTS
Any subcontractors and outside associates or consultants required
by the Community in connection with the services covered by this
Contract shall be limited to such individuals or firms as are
specifically approved by the EXECUTIVE DIRECTOR of the TWC, or a
person identified in writing under Article 13, during the
performance of this Contract. Any substitution in such
subcontractors, associates, or consultants shall be subject to the
prior written approval of the EXECUTIVE DIRECTOR or a person
identified in writing under Article 13.
ARTICLE 13. AUTHORIZED REPRESENTATIVES
a) The EXECUTIVE DIRECTOR hereby identifies the person authorized
to give direction to the Community:
Susan Raleigh Kaderka
(name)
Recycling Section Manager
(title)
Post Office Box 13087
(address)
Austin, Texas 78711-3087
b) The EXECUTIVE DIRECTOR hereby authorizes such identified person
to further delegate his or her authority as necessary, including
any delegation of authority to a TWC employee who will act as the
TWC's authorized field representative. Written notice of any such
delegation shall be provided to the Community.
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c) The Community hereby identifies to the TWC the person
authorized to receive direction from the TWC, to manage the work
being performed, and to act on behalf of the Community:
Lee Ramirez
(name)
Solid Waste Superintendent
(title)
P. 0. Box 2000
(address)
Lubbock, TX 79457
d) The Community agrees to make whatever arrangements are
necessary to ensure that the above -identified person, or someone to
whom that person has delegated his or her authority, is available
at all times for consultation with the TWC. Written notice of any
such delegation shall be provided to the TWC.
ARTICLE 14. PUBLICITY
The Community agrees to notify and obtain the written approval of
the RECEIVING AGENCY prior to releasing any information to the news
media regarding the activities being conducted under this Contract.
ARTICLE 15. LICENSES, PERMITS AND LAWS
The Community shall, except as otherwise provided in this Contract,
be responsible for obtaining any necessary licenses and permits,
and for complying with any applicable Federal, State, and Municipal
laws, codes and regulations, in connection with the work required
by this Contract.
ARTICLE 16. ENERGY EFFICIENCY STANDARDS
The Community shall 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).
ARTICLE 17. ACKNOWLEDGEMENT OF FINANCIAL SUPPORT
The Community shall acknowledge the financial support of the TWC
whenever work funded, in whole or part, by this Contract is
publicized or reported in news media or publications. All reports
and other documents completed as a part of this Contract, other
than documents prepared exclusively for internal use within the
TWC, shall carry the following notation on the front cover or title
page:
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PREPARED IN COOPERATION WITH THE
TEXAS WATER COMMISSION AND THE CITY OF LUBBOCK
The preparation of this report was financed through the Texas Water
Commission.
ARTICLE 18. PUBLIC DATA
All data and information developed under this Contract shall be
public data and information, and shall be made available to the TWC
upon demand by that Agency. Upon termination of this Contract, all
data and information shall remain available to the TWC upon demand
for so long as the data or information is retained by the
Community.
ARTICLE 19. FORCE MAJEURE
a) A force majeure event shall be defined to include decrees of
or restraints by a governmental instrumentality, acts of God
(except that rain, wind, flood or other natural phenomena
normally expected for the locality shall not be construed as
an act of God), work stoppages due to labor disputes or
strikes, fires, explosions, epidemics, riots, war, rebellion,
and sabotage.
b) Subject to the following conditions, and provided this
Contract has not been terminated as provided by Article 3(f)
of this Contract, if a delay or failure of performance by
either party results from the occurrence of a force majeure
event, the delay shall be excused and the time fixed for
completion of the work extended by a period equivalent to the
time lost because of the event if, and to the extent that:
1) the delay or failure was beyond the control of the party
affected and not due to its fault or negligence; and
2) the delay or failure was not extended because of the
affected party's failure to use all diligence to overcome
the obstacle or to resume performance immediately after
the obstacle was overcome.
c) No time extension shall be granted under this article unless
the party seeking relief has notified the other in writing
within ten (10) calendar days of the time of commencement of
the event, of the anticipated length and cause of the delay,
the measures taken or to be taken to minimize the delay, and
the timetable by which the Community intends to implement
these measures. The party seeking relief shall also give
written notice of the ending of the event within ten (10)
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calendar days after the event has ended.
d) If the Community is the party seeking relief under this
Article, the burden of proving a force majeure event has
occurred remains with it, and no extension shall be granted
unless the TWC agrees the occurrence constitutes a force
majeure event, which agreement may not be unreasonably
withheld.
e) The TWC shall be responsible only for costs incurred by the
Community after the prior written request by the EXECUTIVE
DIRECTOR, or his authorized representative, to incur such
costs in connection with any force majeure event. Neither the
TWC nor the Community shall have, and both hereby waive, any
claim whatever for any damages resulting from delays caused by
force majeure events.
f) In no event shall this Article lessen or modify the TWC's
rights as set out elsewhere in this Contract.
ARTICLE 20. ORDER OF PREFERENCE
Unless otherwise stated, a listing of factors, criteria or subjects
in this Contract does not constitute an order of preference.
ARTICLE 21. SEVERABILITY
If any provision of this Contract is held invalid, such invalidity
shall not affect any other provision which can be given effect
without the invalid provision, and to this end the provisions of
this Contract are declared to be severable.
ARTICLE 22. ASSIGNABILITY
This Contract is not transferable or otherwise assignable by the
community.
ARTICLE 23. NOTICE
Any notice or other written communication, except for invoices
between the parties shall be considered delivered when postmarked
provided such notice or written communication is sent by certified
mail, return receipt requested, or delivered in person to the
authorized representative of the party specified in Article 13.
Authorized Representatives, above.
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ARTICLE 24. ENTIRE AGREEMENT
This Contract (including the document entitled "Interlocal
Contract," Attachments A-C thereto) represents the entire agreement
between the parties hereto and supersedes any and all prior
agreements between the parties, whether written or oral.
ARTICLE 25. AMENDMENTS
Any amendments, modifications or supplements to this Contract shall
be in writing and shall be signed by the parties to be charged.
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ATTACHMENT D
MINIMUM STANDARDS FOR PROGRAM COMPONENTS
For the purposes of this project, the following information
describes and defines the various recycling -program components that
comprise a comprehensive waste -reduction and recycling program,
identifies minimum standards concerning implementation and
operation of the component required by TWC, and establishes goals
and/or other implementation requirements for the component. Each
component requires a vigorous public -education campaign.
I. SOURCE REDUCTION AND REUSE
A. Description. Source reduction is any action that averts
the discarding of products or materials by reducing
material use or waste at the source. Source reduction
includes voluntary or imposed behavioral changes in use
and reuse of materials or products. Voluntary source
reduction and reuse results primarily from a coordinated
public education campaign. Programs to impose behavioral
changes include variable residential -garbage fees, limits
on the quantity of garbage collected, and bans on the
disposal of certain items.
B. Minimum Standards. An effective public -education
campaign is capable of reaching the majority of residents
and businesses in the community with information about
recycling and waste reduction. Examples of public -
education efforts include the use of neighborhood
volunteers for citizen education, public-service
announcements and media ads, descriptive brochures and
posters, utility bill stuffers and school programs.
Campaign materials should promote "precycling" concepts
such as changing consumption habits to reduce the amounts
of waste being generated.
C. Goals. A realistic goal for an effective source
reduction program is to generate 5 percent less waste,
not including yard waste that can be reduced through
"Don't Bag It" and backyard composting programs discussed
below.
II. RESIDENTIAL RECYCLING
A. Description. Residential recycling may be accomplished
through curbside (or alleyside) collection and/or drop-
off collection systems. Residential programs should
collect aluminum cans, newspaper, glass, steel cans, and
plastic containers, to the extent that markets for these
recyclables can be secured.
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B. Minimum Standards. An effective community=wide
residential recycling program provides a level of service
and convenience that is virtually as convenient as
garbage service, has high visibility, and results in
significant rates of participation and diversion.
Optimally, this means weekly house -to -house collection of
all materials that have locally available processors; it
could also mean a system of convenient and well -
maintained drop-off centers.
C. Goals. Recovering 50 percent of the targeted materials,
which themselves may comprise 25 percent of the
residential waste stream, is a reasonable goal for
residential recycling. Assuming the residential waste
stream is about half of the total municipal solid waste,
curbside recycling should recover over 6 percent overall.
III. "DON'T BAG IT" LAWN CARE PROGRAM
A. Description. "Don't Bag It" is a program to encourage
Texans to leave grass clippings on the lawn. The program
is coordinated by the Texas Agricultural Extension
Service (TAEX) through its county agents, using public
meetings, demonstration lawns, media events, and other
forms of public education.
B. Minimum Standards. In cooperation with TAEX, a community
is required to conduct a "Don't Bag It " public education
program which includes demonstration sites.
C. Goals. A 50 percent participation rate per community,
which should reduce the waste stream overall by 5
percent.
IV. BACKYARD COMPOSTING
A. Description. Composting is the controlled biological
decomposition of organic materials through microbial
activity. Backyard composting usually involves leaves
and grass clippings but can also use tree trimmings, food
waste, and other organics. For the purposes of this
project, the term composting also refers to other
beneficial uses of select organic materials, such as
mulching.
B. Minimum Standards. An effective backyard composting
program involves a public education campaign and a
program to demonstrate proper backyard composting
methods.
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C. Goals. An effective backyard composting program should
divert at least a quarter of a community's total yard
waste, or 5 percent overall.
V. CENTRALIZED COMMUNITY COMPOSTING OR OTHER BENEFICIAL USE OF
YARD WASTE
A. Description. A centralized community -composting program
involves the collection and composting of yard and
landscape waste. A beneficial -use program would involve
chipping and shredding of vegetative material for mulch.
Because these materials can be of a sizeable quantity,
many communities substitute separate yard -waste
collection for one of their garbage days.
B. Minimum Standards. The community must have available a
centralized yard -waste processing facility and must
either collect or accept yard and landscape waste.
C. Goals. Effective community -composting programs should
recover one-half of the total yard waste, or about 10
percent of the overall waste stream.
VI. PUBLIC AND PRIVATE SECTOR WORKPLACE RECYCLING
A. Description. Workplace recycling involves programs to
encourage recycling and waste reduction in business,
industry and government. Workplace recycling programs
typically recover paper, plastic, metal and wood.
B. Minimum Standards. Local government entities should
implement in-house programs to recover aluminum,
corrugated cardboard and high-grade paper as directed by
Senate Bill 1340, (1991). In addition, the community
should demonstrate efforts to encourage workplace
recycling through public education and/or the
implementation of other cooperative waste -reduction
efforts between the public and private sectors.
C. Goals. Public and private workplace recycling should
achieve a 10 to 20 percent waste -reduction rate.
VII. USED OIL COLLECTION
A. Description. Used -oil recycling involves the collection
of used motor oil generated by individuals who change
their own oil. Used oil may be collected at either
publicly or privately run drop-off points or through
curbside collection programs.
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B. Minimum Standards. Communities should establish drop-off
centers within five miles of 80 percent of the
population, or within ten miles of 90 percent of the
population.
C. Goals. A recovery of one-third of the used oil generated
by individuals (do-it-yourselfers) represents a realistic
goal for used oil reclamation.
VIII. WASTE TIRE CLEAN-UP
A. - Description. This program promotes and implements
community clean-up of discarded tires.
B. Minimum Standards. If the community can identify a
significant problem with illegally discarded waste tires,
it should organize at least one major tire clean-up
effort.
C. Goals. The goal is to capture and recycle tires that are
not included in the state's effort to clean up illegal
tire dumps.
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