HomeMy WebLinkAboutResolution - 2006-R0175 - Contract - SPAG - FY2006 Solid Waste Implementation - 04_13_2006Resolution No. 2006-RO175
April 13, 2006
Item No. 5.24
RESOLUTION
WHEREAS, the South Plains Association of Governments is directed by the Texas
Commission on Environmental Quality to administer solid waste grant funds for
implementation the COG's adopted regional solid waste management plan; and
WHEREAS, the City of Lubbock in the State of Texas has applied for grant funds
under the Request for Applications; and
WHEREAS, the City of Lubbock has been awarded two solid waste grants pursuant
to its application under the 2006 Solid Waste Grant Programs administered by the South
Plains Association of Governments; NOW THEREFORE:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK,
TEXAS:
That the Mayor is hereby authorized and directed to execute for and on behalf of the
City of Lubbock an FY2006 Solid Waste Implementation Contract and any associated
documents with the South Plains Association of Governments for Grant No. 06-02-G05
for a Recycling Reuse Building and used oil collection containers and Grant No. 06-02-
G06 for a skid loader for recycling operations, a copy of which said Contract and
associated documents are attached hereto and which shall be spread upon the minutes of
the Council and as spread upon the minutes of the Council shall be a part hereof as if
fully copied herein in detail.
PASSED AND APPROVED by the City Council of the City of Lubbock, on this the
13th day of April , 2006. it
ATTEST:
Re ecca Garza, City Secrets
APPROVED AS TO CONTENT:
ppk*a4��
Debra Frankh ser, Manager of Collections
APPROVED AS TQ FORM: A
Don Vandi er, Attorney of Counsel
Dd/Res/SPAG06Sol WasConRes
March 29, 2006
yP
STATE OF TEXAS
COUNTY OF LUBBOCK
Resolution No. 2006-R0175
April 13, 2006
Item No. 5.24
FY2006 SOLID WASTE IMPLEMENTATION PROJECT CONTRACT
This Agreement is made this -66 day of , 2006, by and between the
South Plains Association of Governments, hereinafter referred to as the "PLANNING
AGENCY" and the City of Lubbock, hereinafter referred to as the "GRANTEE".
Neither the TCEQ nor the State of Texas is a party to this Agreement.
WITNESSETH:
WHEREAS, PLANNING AGENCY desires to enhance certain solid waste
management activities in its region;
WHEREAS, one of the objectives of the PLANNING AGENCY is to support local
and regional solid waste projects in conjunction with the Texas Commission on
Environmental Quality, (TCEQ), hereinafter referred to as the "STATE AGENCY';
WHEREAS, PLANNING AGENCY has entered into Contract Number 06-02-G06
("TCEQ Contract') with the State Agency to obtain certain funds to accomplish
certain objectives of HB 3072,74th Texas Legislature, as such bill relates to the
support of local and regional solid waste projects;
WHEREAS, all such regional solid waste projects shall comply with the provisions of
30 TAC Chapter 330 of the Texas Natural Resource Code;
WHEREAS, GRANTEE desires certain grant funds from PLANNING AGENCY and
PLANNING AGENCY is willing to provide such funds to GRANTEE to accomplish
certain Solid Waste Implementation Projects contemplated by HB 3072 and the
TCEQ Contract;
WHEREAS, the GRANTEE shall adhere to the Single Audit Requirements of the
Uniform Grant and Contract Management Act.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, and for good and valuable consideration, the PLANNING
AGENCY and GRANTEE, agree as follows:
Article 1. Work
GRANTEE shall complete all work as specified or indicated in the Agreement.
Article 2. Contract Times
This Agreement shall commence on the Effective Date and terminate on July 31,
2006, This Agreement shall immediately terminate at the end of any state fiscal year
for which the Texas Legislature fails to appropriate funds necessary to perform this
Agreement.
41
Article 3. Contract Price
PLANNING AGENCY shall provide GRANTEE with grant funds not to exceed twenty
two thousand five hundred dollars ($22,500) unless the parties amend this amount in
accordance with this Agreement. Funds are to be used for the sole purposes
described herein.
The GRANTEE'S expenditures must adhere to the authorized budget. To applicable
contracts, the "Estimated Cost of Operation" includes the grant -funded amount plus
in -kind and/or matching funds to arrive at total "Estimated Cost of Operation."
Article 4. Payment Procedures
GRANTEE shall submit Applications for Payment in accordance with the Program
Conditions and the General Conditions of this Agreement. Requests for
reimbursement must be made in accordance with the terms in this Agreement. See
General Conditions, Section 5.11. Application for Payment forms are included with
this contract.
Article 5. Funding
This Agreement is funded through the Municipal Solid Waste Disposal and
Transportation Revenue Fee. This Agreement is subject to: (1) §361.014 of the
TEXAS HEALTH AND SAFETY CODE and (2) the Uniform Grant and Contract
Management Act. Texas Government Code, §783.001 et seq., and the Uniform
Grant Management Standards for State Agencies, 1 Texas Administrative Code,
§5.141 et seq.
Article S. GRANTEE's Representations
In order to induce PLANNING AGENCY
makes the following representations:
to enter into this Agreement GRANTEE
6.1 GRANTEE has examined and carefully studied the Agreement and other
related data identified in the Agreement.
6.2 GRANTEE is familiar with and understands all federal, state and local Laws
and Regulations that may affect cost, progress, performance or furnishing of
the work.
6.3 GRANTEE is aware of the general nature of work to be performed by
PLANNING AGENCY and others that relates to the work as indicated in the
Agreement.
6.4 GRANTEE has given PLANNING AGENCY written notice of all conflicts,
errors, ambiguities or discrepancies that GRANTEE has discovered in the
Agreement and the written resolution thereof by the PLANNING AGENCY is
acceptable to GRANTEE, and the Agreement is generally sufficient to
indicate and convey understanding of all terms and conditions for
performance and furnishing of the work.
6.5 GRANTEE hereby ratifies and attests to all certifications and deliverables it
has provided to PLANNING AGENCY during the application process and
2
agrees to give prompt written notice to PLANNING AGENCY if there is any
material change in these certifications or deliverables.
Article 7. Contract Documents
The Contract Documents, which comprise the entire Agreement between the
PLANNING AGENCY and GRANTEE concerning the work, listed in the order of
preference in the event of a conflict, consist of the following:
7.1 The Regional Standard Form of State Funded Grant Agreement.
7.2 Regional Solid Waste Grants Program Conditions.
7.3 The Regional Standard Form of State Funded Grant General Conditions.
7.4 GRANTEE'S Application.
7.5 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying or supplementing the Agreement pursuant to
the General or Program Conditions. These documents will be attached to the
Agreement following execution thereof.
There are no Contract Documents other than those listed above in this Article. The
Agreement may be amended, modified or supplemented only as provided in the
General Conditions.
Article 8. Miscellaneous
8.1 Terms used in this Agreement, which are defined in Article 1 of the General
Conditions, will have the meanings indicated in the General Conditions.
8.2 No delegation by a party hereto of any duties or obligations nor assignment
by a party hereto of any rights under or interests in the Agreement will be
binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, monies that may
become due and monies that are due may not be assigned without such
consent (except to an extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to
an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under the Agreement.
8.3 The PLANNING AGENCY and GRANTEE each binds itself, its partners,
successors, assigns and representatives to the other party hereto, its
partners, successors, assigns and representatives in respect to all covenants,
agreements and obligations contained in the Agreement. This Agreement is
not transferable or otherwise assignable by the GRANTEE without the written
consent of the PLANNING AGENCY and any attempted transfer without such
consent is void.
z
8.4 The parties hereby agree that this agreement does not waive the State's
sovereign immunity relating to suit, liability, and the payment of damages.
The parties further agree that all claims, suits or obligations arising under or
related to this Agreement are subject to and limited to the availability of funds
appropriated by the Texas Legislature for that respective claim, suit or
obligation.
8.5 Any provision of the Agreement held to be void or unenforceable under any
Laws or Regulations shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon PLANNING AGENCY and
GRANTEE, who agree that Agreement shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that
comes as close as possible to expressing the intention of the stricken
provision.
8.6 The GRANTEE acknowledges and agrees that because this Agreement has
been executed and will be administered in Lubbock County, Texas, that the
Agreement is to be performed in said County. The GRANTEE acknowledges
and agrees that any permissible cause of action involving this agreement will
arise solely in Lubbock County. If a legal action related to this claim is
permissible and there are two (2) or more counties of proper venue under the
rules of mandatory, general, or permissive venue, and one such county is
Lubbock County, the GRANTEE hereby agrees to venue in Lubbock County.
8.7 Any notice issued pursuant to this Agreement shall be addressed to the
respective party at the addresses set out below, or at such other address as
they have theretofore specified by written notice. Such notices shall be sent
by certified mail, return receipt requested, or shall be delivered in hand and a
receipt provided therefore. Any notice or other written communication shall
be considered delivered three (3) days after the date postmarked, provided it
is sent in accordance with this Article.
a
ADDRESSES FOR NOTICE:
PLANNING AGENCY: South
Plains Association of
Governments
Kelli McElhone
(Printed Name) (Project Manager)
PO Box 3730 Freedom Station
(Add ress)
Lubbock, TX 79452
GRANTEE: City of Lubbock
Debra Frankhouser
(Printed Name) (Project Manager)
P.O. Box 2000
(Address)
Lubbock, TX 79457
IN WITNESS WHEREOF, PLANNING AGENCY and GRANTEE have signed
three (3) originals of this Agreement. One executed counterpart has been
delivered to GRANTEE and two executed counterparts have been delivered to
PLANNING AGENCY.
This Agreement will be effective on April 13, 2006 (which is the Effective
Date of the Agreement).
Executed on April 13 , 2006, at Lubbock, Lubbock County, Texas.
South Plains Association of
Gov rnments
r
(By Signature)
Tim C. Pierce
(Printed Name)
Executive Director
(Title)
(Date)
Approved as to Content:
Debra Frankhouser
Manager of Solid Waste
City of Lubbock
Marc McDougal
(PrintedName)
Mayor
(Title)
l C5 A,
(Date)
��Ppro�das for ,
City Attorney
ATTEST: 3�
Rebe ca Garza, City Secee ry
5
PROGRAM CONDITIONS
Article 1. Grant Funds
1.1 Specifically subject to availability of funds and verification of expenditures,
PLANNING AGENCY agrees to reimburse GRANTEE for all sums
expended by GRANTEE for the purposes set forth below and authorized
by this Agreement; however, in no event shall such reimbursement
exceed the amount set forth in Article 3 of the Agreement section above
pertaining to Contract Price.
1.2 GRANTEE agrees that such funds shall not be used for any expense,
cost, or charge incurred by GRANTEE prior to the effective date of the
Agreement or for expense, cost, or charges incurred after termination date
of this Agreement as set forth below.
Article 2. Purpose(s)
2.1 The City of Lubbock seeks to purchase a multi -purpose skid loader.
Article 3. GRANTEE Duties
GRANTEE shall, during the term of this Agreement:
3.1 Create a Solid Waste Implementation Project as described in Attachment
A Exhibit 1.
3.2 Obtain and maintain during the term of this Agreement all permits and
licenses necessary to operate the machinery and equipment purchased
with the Funds provided herein.
3.3 Comply with all Federal, State, and Municipal laws, regulations, and
ordinances in the performance of this Agreement.
3.4 Establish and provide PLANNING AGENCY with policies, procedures, and
hours of operation for the Plan contemplated by this Agreement, if
required.
3.5 Notify PLANNING AGENCY in writing within thirty (30) days of any change
in Plan policies, procedures, or hours of operations.
3.6 Provide PLANNING AGENCY, as requested, with written status and
progress reports of the project. It is required that the GRANTEE submit a
final progress report or mechanism to certify in writing the completion of all
activities and deliverables. The use of standard reporting forms is to be
provided by the PLANNING AGENCY. For the required progress report
see Attachment A Exhibit 5 — Follow Up Results Report.
3.7 Maintain accurate books, records, and documentation detailing work
performed and funds spent pursuant to this Agreement and allow
PLANNING AGENCY access to review and inspect such books, records,
and documentation upon reasonable notice to GRANTEE.
3.7.1 The GRANTEE shall maintain and make available for review,
inspection and/or audit, books, records, documents, and other
evidence reasonably pertinent to performance on all work under
this Agreement, including negotiated changes or amendments
thereto, in accordance with accepted professional practice,
appropriate accounting procedures and practices at the
GRANTEE'S office. The GRANTEE shall also maintain and make
available at its Texas office the financial information and used by
the GRANTEE or its designee (including independent financial
auditors) in the preparation or support of any cost submission or
cost (direct and indirect), price or profit analysis for this Agreement
or any negotiated sub -agreement of change order and a copy of the
cost summary submitted to the State Agency. The State Agency,
Texas State Auditor's Office or any of the State Agency's duly
authorized representatives, shall have access to such books,
records, documents, and other evidence for the purpose of review,
inspection and/or audit. During the conduct of any such review,
audit or inspection, the GRANTEE'S books, records, and other
pertinent documents may, upon prior conference with the
PLANNING AGENCY, be copied by the State Agency or any of its
duly authorized representatives. All such information shall be
handled by the parties in accordance with good business ethics.
The GRANTEE shall provide proper facilities within the State of
Texas for such access and inspection.
3.7.2 Audits conducted pursuant to this provision shall be in accordance
with State law, regulations and policy, and generally accepted
auditing standards and established procedures and guidelines of
the reviewing or audit agency(ies).
3.7.3 The GRANTEE agrees to the disclosure of all information and
reports resulting from access to records pursuant to Sub -article
3.7.1, above to the State Agency. Where the audit concerns the
GRANTEE the auditing agency will afford the GRANTEE an
opportunity for an audit exit conference and an opportunity to
comment on the pertinent portions of the draft audit report.
3.7.4 Records under Sub -article 3.7.1 shall be maintained and made
available during the entire period of performance of this Agreement
and until three (3) years from date to final State Agency payment
for the project. In addition, those records which relate to any
dispute, litigation, or the settlement of claims arising out of such
performance, or costs or items to which an audit exception had
2 Program Conditions
been taken shall be maintained and made available until
completion of such action and resolution of all issues which arise
from it, or until the end of the regular three-year period, whichever
is later.
3.7.5 Access to records is not limited to the required retention periods.
The authorized representatives designated in Sub -article 3.7.1 of
this Article shall have access to records at any reasonable time for
as long as the records are maintained.
3.7.6 This audit/access to records Article applies to financial records
pertaining to all sub -agreement change orders and sub -agreement
amendments: to the extent the records reasonably pertain to sub -
agreements, sub -agreement change orders and sub -agreement
amendments: to the extent the records reasonably pertain to sub -
agreement performance; if there is any indication that fraud, gross
abuse or corrupt practices may be involved; or if the sub -agreement
is terminated for default or for convenience.
3.7.7 The State Agency reserves the right to require the reimbursement
of any overpayments determined as a result of any audit or
inspection of records kept by the GRANTEE on work performed
under this Agreement.
3.7.8 The GRANTEE agrees to include Sub -articles 3.7.1 through 3.7.8
of this Article in all sub -agreements and all change orders directly
related to project performance.
3.8 Adhere to the Single Audit Requirements of the Uniform Grant and
Contract Management Act.
3.9 Comply with all provisions of the Americans with Disabilities Act, as
amended.
3.10 Comply with all provisions of the Texas State Energy Conservation Plan,
as amended, if applicable.
3.11 Comply with all the provisions of Article 1 of this Agreement.
3.12 Maintain in good working order all machinery, equipment, and facilities
purchased or constructed with Funds pursuant to this Agreement, and
provide continued operation of the project.
3.13 Take all necessary steps to prevent any adverse environmental
consequences in the pursuit of the activities under this Agreement.
3 Program Conditions
M
3.14 Immediately remedy any adverse environmental consequence resulting
from the activities under this Agreement.
3.16 Maximize, to the greatest extent practicable, participation opportunities to
qualified Historically Underutilized Businesses.
3.16 Acknowledge, in any public media forum, the financial support provided to
the GRANTEE by the State Agency. At a minimum, any such
acknowledgment should include the following:
PREPARED (OR SUPPORTED) IN COOPERATION WITH THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY
3.17 Notify the PLANNING AGENCY prior to any changes in personnel whose
salaries will be funded under the pass -through grant.
3.18 Submit Requests for Reimbursement as needed. Final Requests for
Reimbursement are due within five (5) days of the contract termination
date. See Attachment A Exhibit 3 for Request for Funds forms.
Article 4. Pass -through Grant Agreement Standards
The pass -through grant agreements shall incorporate standards for project
categories, as applicable to the funded projects, as set forth in the following:
4.1 Implementation Project Categories. The GRANTEE shall ensure that
all implementation projects funded under this. Agreement fit within the
categories set forth in this Section. The category -specific funding
limitations outlined for each category shall apply to all uses of funds under
implementation projects conducted for that category.
4.1.1 Local Enforcement. Funds may be used for projects that
contribute to the prevention of illegal dumping of municipal solid
waste, including liquid wastes. Funding recipients may investigate
illegal dumping problems; enforce laws and regulations pertaining
to the illegal dumping of municipal solid waste, including liquid
waste; establish a program to monitor the collection and transport
of municipal liquid wastes through administration of a manifesting
system; and educate the public on illegal dumping laws and
regulations.
4.1.2 Litter and Illegal Dumping Cleanup and Community Collection
Events. Funds may be used for ongoing and periodic activities to
clean up litter and illegal dumping of municipal solid waste.
Projects may include support for Lake and River Cleanup events,
conducted in conjunction with the TCEQ's and Keep Texas
Beautiful's Lake and River Cleanup Program. Funded activities
4 Program Conditions
may include: waste removal; disposal or recycling of removed
materials; fencing and barriers; and signage. Placement of trash
collection receptacles in public areas with chronic littering problems
may also be funded. Reuse or recycling options should be
considered for managing the materials cleaned up under this
program, to the extent feasible. Funds may also be used for
periodic community collection events, held not more frequently than
four times per year, to provide for collection of residential waste
materials for which there is not a readily -available collection
alternative, such as large and bulky items that are not picked up
under the regular collection system.
4.1.3 Source Reduction and Recycling. Funds may be used for
projects that provide a direct and measurable effect on reducing the
amount of municipal solid waste going into landfills, by diverting
various materials from the municipal solid waste stream for reuse or
recycling, or by reducing waste generation at the source. Funded
activities may include: diversion from the waste stream and/or
collection, processing for transport, and transportation of materials
for reuse and/or recycling; implementation of efficiency
improvements in order to increase source reduction and recycling,
to include full -cost accounting systems and cost -based rate
structures, establishment of a solid waste services enterprise fund,
and mechanisms to track and assess the level of recycling activity
in the community on a regular basis; and educational and
promotional activities to increase source reduction and recycling.
4.1.4 Local Solid Waste Management Plans. Funds may be used for
projects to develop local solid waste management plans, in
accordance with Subchapter 0, Chapter 363, Texas Health and
Safety Code, and 30 TAC Chapter 330, Subchapter O, TCEQ
Regulations, or to amend an existing local solid waste management
plan that has been adopted by the TCEQ. However, funds may not
be used for a local planning project until completion and approval of
an amendment to the COG's regional solid waste management
plan
4.1.4.1 The local planning area must be consistent with one or a
combination of local solid waste management planning
sub -regions identified by the GRANTEE in its regional solid
waste management plan.
4.1.4.2 All local solid waste management plans shall be consistent
with the adopted regional solid waste management plan,
and prepared in accordance with Subchapter O of South
Plains Association of Governments Municipal Solid Waste
5 Program Conditions
regulations (30 TAC Chapter 330) and the Content and
Format Guidelines provided by South Plains Association of
Governments.
4.1.4.3 Funding provided under this category may not be used for
final engineering work, designs, or construction plans.
4.1.4.4 At least one year should be allowed for the completion and
adoption of the local plan.
4.1.5 Citizens' Collection Stations and "Small" Registered Transfer
Stations. Funds may be used for projects to construct and equip
citizens' collection stations, as these facilities are defined under 30
TAC §330.2, TCEQ Regulations. Municipal Solid Waste Transfer
Stations that qualify for registration under §330.4(d)(1) - (3) or
§330.4(r) of the TCEQ Regulations may also be funded. Projects
funded for these types of facilities shall include consideration of an
integrated approach to solid waste management, to include
providing recycling services at the site, if appropriate to the
management system in place.
4.1.6.1 Transfer stations that require a permit from TCEQ may not
be funded.
4.1.5.2 Transfer stations that qualify for registration solely due to
their location within a permitted municipal solid waste
facility, under 330.4 (d) (4), may not be funded.
4.1.5.3 Municipal solid waste transfer stations that qualify for a
registration only under the provisions of 330.4 (q) of the
Municipal Solid Waste regulations allowing for registration
of facilities that recover 10% or more of the waste stream
for reuse or recycling, but not also under the provisions of
330.4 (d) of the Municipal Solid Waster regulations, may
not be funded. However, those components of a transfer
facility dedicated to the reuse or recycling activities may
qualify for funding under the source reduction and recycling
grant category.
4.1.5.4 Municipal Solid Waste transfer stations that are used only
in the transfer of grease trap waste, grit trap waste,
septage, or other similar liquid waste, and which qualify for
registration under 330.4 (r) of the Municipal Solid Waste
regulations may be funded under this category.
Specifically, 330.4 (r) of the regulations allows for
6 Program Conditions
registration of a liquid waste transfer facility that will
receive 32,000 gallons a day or less.
4.1.5.5 Only the costs necessary to construct the facility and/or
purchase and install necessary equipment may be funded.
Costs associated with operating a facility once it is
completed may not be funded.
4.1.5.6 Transfer stations that require a registration must have
already received that registration from TCEQ before a
grant may be awarded.
4.1.6 Household Hazardous Waste (HHW) Management. Funds may
be used for projects that provide a means for the collection,
recycling or reuse, and/or proper disposal of household hazardous
waste, including household chemicals, electronic wastes, and other
materials. Funded activities may include: collection events;
consolidation and transportation costs associated with collection
activities; recycling or reuse of materials; proper disposal of
materials; permanent collection facilities, and education and public
awareness programs. Funds may also be used to support Texas
County Cleanup events, conducted in conjunction with the TCEQ.
4.1.6.1 Funds provided under this Agreement may not be used for
costs related to disposal of collected wastes.
4.1.6.2 Funds provided under this Agreement may not be used for
programs and activities related to the collection and
management of commercial, industrial, and hazardous
wastes.
4.1.6.3 Funds provided under this Agreement may not be used for
programs and activities solely related to the management of
scrap tires, used oil, oil filters, antifreeze, lead -acid
batteries, or other special wastes excluded from disposal in
municipal solid waste landfills. However, collection of these
materials may be included as part of a comprehensive H
Household Hazardous Waste collection and management
program, so long as that is not the sole intent of the
program.
4.1.7 Technical Studies. Funds may be used for projects which include
the collection of pertinent data, analysis of issues and needs,
evaluation of alternative solutions, public input, and recommended
actions, to assist in making solid waste management decisions at
the local level. Projects may also include research and
7 Program Conditions
investigations to determine the location, boundaries, and contents
of closed municipal solid waste landfills and sites, and to assess
possible risks to human health or the environment associated with
those landfills and sites.
4.1.7.1 All technical studies shall be consistent with the adopted
regional solid waste management plan, and prepared in
accordance with the Content and Format Guidelines
provided by South Plains Association of Governments.
4.1.8 Educational and Training Projects. Educational components are
encouraged under the other categories in order to better ensure
public participation in projects; those educational components
should be funded as part of those projects and not separately under
this category. Funds may also be used for "stand-alone"
educational projects dealing with a variety of solid waste
management topics. Projects may include funding for information -
exchange activities, subject to the other limitations on travel
expenses.
4.1.9 Other Projects to include scrap tires. Contact PERFORMING
PARTY for requirements.
4.2 GRANTEE shall maintain record and documentation materials consistent
with the records listed in "Guidelines Concerning Additional
Documentation and Financial Monitoring Requirements".
4.2.1 Documents that should be maintained, as appropriate for the
expense, are as follows.
4.2.1.1 SALARYMAGES - Time sheets that have been signed
and approved.
4.2.1.2 TRAVEL- Documentation which, at a minimum, is
consistent with State Travel Regulations. The purpose of
the travel should be documented and supported with actual
receipts for hotel accommodations, public transportation
receipts, airline receipts, etc.
4.2.1.3 EQUIPMENT -Purchase orders, invoices, and canceled
checks.
4.2.1.4 SUPPLIES -Purchase orders (if issued), invoices, and
canceled checks.
8 Program Conditions
4.2.1.5 CONTRACTUAL- All of the above plus documentation that
the costs were reasonable and necessary. The same
standards should be applicable to subgrantees.
4.2.1.6 OTHER- All of the above apply.
4.2.2 If requested by South Plains Association of Governments, the
GRANTEE agrees to provide to South Plains Association of
Governments the additional expense records and documentation
materials, as listed in Section 4.2 of this Article and appropriate for
the expense, for the time period requested by South Plains
Association of Governments, except that the GRANTEE will not be
asked to submit records that have already been provided to South
Plains Association of Governments with a progress report. South
Plains Association of Governments will provide reasonable time for
the GRANTEE to comply with a request for additional records. If
South Plains Association of Governments requests to review
additional records to be provided by the GRANTEE under South
Plains Association of Governments financial monitoring program,
South Plains Association of Governments will review those records
and provide the GRANTEE a written summary of the findings of
that review. South Plains Association of Governments will also
allow the GRANTEE reasonable time to respond to any findings of
noncompliance or other problems identified by the records review.
4.2.3 All pass -through grant recipients shall maintain records and
documentation materials consistent with the records listed in this
Article. The GRANTEE shall also follow up on any problems
identified through its financial monitoring program.
4.3 The pass -through grant agreements shall incorporate the standards set
forth in "Title To and Management of Real Property and Equipment", of
these Program Conditions, relating to title to and management of real
property and equipment. Subject to the obligations and conditions set
forth in this Agreement, title to real property and equipment (together
hereafter referred to in this Article as "property") acquired under this
Agreement by the GRANTEE will vest upon acquisition or construction in
the GRANTEE.
4.3.1 Subject to the provisions of this Agreement and as otherwise
provided by state statutes, property acquired or replaced under this
Agreement shall be used for the duration of its normally expected
useful life to support the purposes of this Agreement whether or not
the original projects or programs continue to be supported by state
funds.
9 Program Conditions
4.3.2 The GRANTEE shall not grant to or allow a third party a security
interest in any original or replacement property purchased or
constructed with funds made available to the GRANTEE under this
Agreement.
4.3.3 The use of property acquired under this Agreement, both during the
term of this Agreement and for the useful life of the property, shall
be in compliance with 361.014 (b) of the TEXAS HEALTH &
SAFETY CODE ANN., which directs that a project or service
funded under this program must promote cooperation between
public and private entities and may not be otherwise readily
available or create a competitive advantage over a private industry
that provides recycling or solid waste services.
4.3.4 The GRANTEE may develop and use their own property
management systems, which must conform with all applicable
federal, state, and local laws, rules and regulations. If an adequate
system for accounting for property owned by the GRANTEE is not
in place or is not used properly, the Property Accounting System
Manual issued by the State Comptroller of Public Accounts will be
used as a guide for establishing such a system. The property
management system used by the GRANTEE must meet the
requirements set forth in this Section.
4.3.4.1 Property records must be maintained that include a
description of the property, a serial number or other
identification number, the source of the property, who holds
title, the acquisition date, and the cost of the property,
percentage of state participation in the cost of the property,
the location, use and condition of the property, and any
ultimate disposition data including the date of disposal and
sale price of the property.
4.3.4.2 A physical inventory of all equipment acquired or replaced
under this Agreement shall be conducted no less
frequently than once every two years and the results of
such inventories reconciled with the appropriate property
records. Property control procedures utilized by the
GRANTEE shall include adequate safeguards to prevent
loss, damage, or theft of the acquired property. Any loss,
damage, or theft shall be investigated. The GRANTEE
shall develop and carry out a program of property
maintenance as necessary to keep both originally acquired
and any replacement property in good condition, and to
utilize proper sales procedures to ensure the highest
possible return, in the event such property is sold.
10 Program Conditions
4.3.4.3 Certain types of equipment are classified as "controlled
assets" and are subject to annual revision. In accordance
with the UGMS, the GRANTEE should contact the Texas
Comptroller of Public Accounts' property accounting staff
or review the Comptroller's state Property Accounting User
Manual available on the Internet, for the most current
listing. Firearms shall be maintained on the GRANTEE'S
inventory system irrespective of cost, and the following
equipment with costs between $500 and $1,000 shall be
maintained on the inventory: (1) stereo systems, (2) still
and video cameras, (3) facsimile machines, (4) VCRs and
VCR/TV combinations and (5) cellular and portable
telephones.
4.3.5 The GRANTEE may for the purpose of replacing property acquired
under this Agreement either trade in or sell the property and use
the proceeds of such trade-in or sale to offset the cost of acquiring
needed replacement property.
4.3.6 The GRANTEE agrees that if a determination is made that any
property acquired with funds provided under this Agreement with a
current per -unit fair market value of $1,000 or more is no longer
needed for the originally authorized purpose, South Plains
Association of Governments has the right to require disposition of
the property by the GRANTEE in accordance with the provisions of
this Article.
4.3.7 When, during the useful life of property acquired with grant funds
under this Agreement by the GRANTEE and with a current per -unit
fair market value of $ 1,000 or more, the property is no longer
needed for the originally authorized purpose, the GRANTEE agrees
to request disposition instructions from South Plains Association of
Governments. When property acquired by a pass -through grant
recipient with grant funds provided by the GRANTEE under this
Agreement is no longer needed for the originally authorized
purpose, the GRANTEE agrees that a pass -through grant contract
will require the pass -through grant recipient to request disposition
instructions from the GRANTEE or, if the GRANTEE is no longer
administering a Regional Solid Waste Grants Program, the
GRANTEE shall, in turn, request authorization from South Plains
Association of Government to provide disposition instructions to the
pass -through grant recipients.
Disposition instructions shall solicit, at a minimum, information on
the source and amount of funds used in acquiring the property, the
date acquired, the fair market value and how the value was
11 Program Conditions
determined (e.g., by appraisal, bids, etc.), and the proposed use of
the proceeds. The assessment of whether to authorize the
proposed disposition of the property must include a determination
that the disposition plan will comply with the private industry
provisions of 361.014 (b) of the TEXAS HEALTH & SAFETY CODE
ANN.
In cases where the GRANTEE fails to take appropriate disposition
actions, South Plains Association of Governments may direct the
GRANTEE to take excess disposition actions. The disposition
instructions may provide for one of the alternatives as set forth in
this Section.
4.3.7.1 Retain title, sell, or otherwise dispose of with no obligation
to compensate the GRANTEE.
4.3.7.2 Retain title after compensating the GRANTEE. If the
GRANTEE is compensated by a pass -through grant
recipient for property acquired using funds provided under
this Agreement, the GRANTEE will in turn compensate
South Plains Association of Governments or, upon
authorization by South Plains Association of Governments,
use those funds for other projects or activities that support
this or similar future programs conducted by the
GRANTEE. The amount due will be computed by applying
the percentage of state -funded participation in the cost of
the original purchase to the fair market value of the
property.
4.3.7.3 Transfer title to South Plains Association of Governments
or, in the case of a pass -through grant recipient, the
GRANTEE or to a third party design atedlapproved by
South Plains Association of Governments. If the
GRANTEE or the pass -through grant recipient participated
financially in the original purchase of the property, the
GRANTEE or the pass -through grant recipient may be
authorized payment from the receiving party of an amount
calculated by applying the percentage of the participation
in the original purchase of the property to the current fair
market value of the property.
4.3.8 Items of property with a current per -unit fair market value of less
that $1,000 may be retained, sold or otherwise disposed of by the
GRANTEE or the pass -through grant recipient with no further
obligation to South Plains Association of Governments. Methods
used to determine per -unit fair market value must be documented,
12 Program Conditions
kept on file and made available to South Plains Association of
Govemments upon request.
4.3.9 Pass -Through Grant Provisions. The GRANTEE shall include
provisions in its pass -through grant contracts to implement and
enforce the provisions of this Article.
4.4 The pass -through grant agreements shall incorporate applicable
requirements and standards necessary to implement and enforce
provisions for the use of pass -through grant funds as set forth in the
General Conditions, including, where appropriate, provisions similar to
those set forth in the General Conditions referenced in this Section.
13 Program Conditions
GENERAL CONDITIONS
Article 1. Definitions
Wherever used in these General Conditions or in the other Contract Documents
(Agreement) the following terms have the meaning indicated which are
applicable to both the singular and plural thereof.
1.1 Accrued expenditures - means the charges incurred by the grantee during
a given period requiring the provision of funds for: (1) goods and other
tangible property received; (2) services performed by employees,
GRANTEEs, sub -grantees, and other payees; and (3) other amounts
becoming owed under programs for which no current services or
performance is required, such as annuities, insurance claims, and other
benefit payments.
1.2 Accrued income — means the sum of (1) Earnings during a given period
from services performed by the grantee and goods and other tangible
property deliverable to purchasers, and (2) amounts becoming owed to
the grantee for which no current services or performance is required by
the grantee.
1.3 Acquisition cost — of an item of purchased equipment means the net
invoice unit price of the property including the cost of modification,
attachments, accessories, or auxiliary apparatus necessary to make that
property usable for the purpose for which it was acquired. Other charges
such as the cost of installation, transportation, taxes, duty or protective in -
transit insurance, shall be included or excluded from the unit acquisition
cost in accordance with the grantee's regular -accounting practices.
1.4 Addenda — written or graphic instruments issued prior to the execution of
the Agreement, which clarify, correct or change the Proposal
Requirements or the Agreement.
1.5 Administrative requirements — mean those matters common to grants in
general, such as financial management, kinds and frequency of reports,
and retention of records. These are distinguished from "programmatic"
requirements, which concern matters that can be treated only on a
program -by program or grant -by grant basis, such as kinds of activities
that can be supported by grants under a particular program.
1.6 Agreement — refers to the "PLANNING AGENCY Grant Agreement" which
contains the salient terms of the Agreement between PLANNING
AGENCY and GRANTEE and covers the work to be performed; also
describes and includes any additional Agreement documents, which may
be attached to the Agreement and made a part thereof as provided
therein.
1.7 Cash contributions - means the grantee's cash outlay, including the outlay
of money contributed to the grantee or sub -grantee by other public
agencies and institutions, and private legislation, federal funds received
from other assistance Agreement may be considered as grantee or sub -
grantee cash contributions.
1.8 Common rule — means Part III of the Uniform Grant Management
Standards, which were promulgated by the Texas Governor's Office of
Budget and Planning pursuant to the Uniform Grant Conditions and
Management Act, Tex. Gov't Code Chapter 783.
1.9 Contract — means (except as used in the definitions for "grant" and "sub -
grant" in this section and except where qualified by "federal") a
procurement contract under a grant or sub -grant, and means a
procurement subcontract under a contract.
1.10 Contract Documents — the Agreement and the documents, which are
described in and incorporated into the Agreement. Together, the Contract
Documents form the contract between the parties.
1.11 Contract Price — the moneys payable by PLANNING AGENCY to
GRANTEE for completion of the Work in accordance with the Contract
Documents as stated in the Agreement (subject to the provisions of these
General Conditions.)
1.12 Contract Times — the number of days or dates stated in the Agreement to
complete the work so that it is ready for final payment.
1.13 Cost sharing or matching — means the value of the third party in -kind
contributions and the portion of the costs of a State assisted project or
programs not bom by the State.
1.14 Cost -type contract - means a contract or subcontract under a grant in
which the GRANTEE or subGRANTEE is paid on the basis of the costs it
incurs, with or without a fee.
1.15 Defective — adjective which when modifying the word work refers to work
that is unsatisfactory, faulty or deficient, in that is does not conform to the
Agreement, or does not meet the requirements of any inspection,
reference standard, test on approval referred to in the Agreement, or has
been damaged prior to final payment.
1.16 Effective Date of the Agreement — the date indicated in the Agreement on
which it becomes effective, but if no such date is indicated it means the
date on which the Agreement, or has been damaged prior to final
payment.
2 General Conditions
1.17 Equipment— means tangible, non -expendable, personal property having a
useful life of more than one year and an acquisition cost of $1,000 or more
per unit. A grantee may use its own definition of equipment provided that
such definition would at least include all equipment defined above.
1.18 Expenditure report — means for non -construction grants the SF-269a
"Financial Status Report," as distributed by the Comprehensive Waste
Planning Team, Strategic Environmental Analysis & Assessment Division.
1.19 Final Completion — the work is completed in the judgment of PLANNING
AGENCY.
1.20 PLANNING AGENCY — means the South Plains Association of
Governments.
1.21 General Conditions — refers to this document titled "General Condition," a
document, which is one of the Contract Documents described in and
incorporated into the Agreement.
1.22 Government— means a State agency or local government.
1.23 Grant — means an award of financial assistance, including cooperative
Agreement, in the form of money, or property in lieu of money, by the
State to an eligible grantee. The term does not include technical
assistance, which provides services instead of money, or other assistance
in the form of revenue sharing, loans, loan guarantees, interest subsidies,
insurance, or direct appropriations. Also, the term does not include
assistance, such as a fellowship or other lump sum award, which the
grantee is not required to account for.
1.24 Grantee — means the government to which a grant is awarded and which
is accountable for the use of the funds provided. The grantee is the entire
legal entity even if only a particular component of the entity is designated
in the grant award document.
1.25 HUB — Historically Underutilized Business as defined by Texas law. The
State Purchasing and General Services Act, amended September 1,
1995, defines a historically underutilized business as a corporation or a
partnership in which fifty-one percent (51%) or more of the corporation's
stock (or other equitable securities) or partnership's assets and interest
are owned by one or more socially disadvantaged persons, who have a
proportionate interest and actively participate in the corporation or
partnership control, operation, and management. If the business is a sole
proprietorship, the socially disadvantaged person must completely own,
operate and control the business. Socially disadvantaged person includes
3 General Conditions
members of certain groups including Black Americans, Hispanic
American, American Women, Asian Pacific Americans and Native
Americans.
1.26 Intellectual Property — (1) any and all inventions, discoveries,
improvements, or creations for which copyright, trade secret, patent or
other proprietary rights may be acquired, (2) any photographs, graphic
designs, plans, drawings, specifications, computer programs, computer
files, documentation, technical reports, operating manuals, or other
copyrightable materials, and (3) any other work fixed in any tangible
medium of expression which can be perceived, reproduced, or otherwise
communicated for which copyright, trade secret, patent or other
proprietary rights may be acquired.
1.27 Intellectual Property Rights — patent, trademarks, trade secret rights,
confidential information rights or any other proprietary rights to which a
person may be entitled or may actually possess. Intellectual Property
Rights include all rights of ownership and original authorship throughout
the world.
1.28 Laws and Regulations: Laws or Regulations — any and all applicable laws,
rules, regulation, ordinances, codes and orders of any and all
governmental bodies, agencies, authorities and courts having jurisdiction.
1.29 Liens — liens, charges, security interest or encumbrances upon real
property or personal property.
1.30 Local government — only those local and regional political subdivisions
located within the State of Texas as listed below are eligible to receive
funding from the GRANTEE as a pass -through grant; Cities; Counties;
Public Schools and school districts (does not include Universities or post
secondary educational institutions); Other general and special law districts
created in accordance with state law, and with authority and responsibility
for water quality protection or municipal solid waste management, to
include river authorities.
1.31 Minor Change — a written document which provides for minor changes in
the work in accordance with these General Conditions, but which does not
involve a change in the Contract Price on the Contract Times.
1.32 Obligations — means the amount of orders placed, contracts and sub -
grants awarded, goods and services received, and similar transactions
during a given period that will require payment by the grantee during the
same or a future period.
4 General Conditions
1.33 Outlay — (expenditures) mean charges made to the project or program.
They may be reported on a cash or accrual basis. For reports prepared
on a cash basis, outlays are the sum of actual cash disbursement for
direct charges for goods and services, the amount of indirect expense
incurred, the value of in -king contributions applied, and the amount of
cash advances and payments made to GRANTEE. For reports prepared
on an accrued expenditure basis, outlays are the sums of actual cash
disbursements, the amount of indirect expense incurred, the value of in -
kind contributions applied, and the new increase (or decrease) in the
amounts owed by the grantee for goods and other property received, for
services performed by employees, GRANTEEs, sub -grantees, and other
payees, and other amounts becoming owed under program for which no
current services or performance are required, such as annuities, insurance
claims, and other benefit payment.
1.34 Percentage of completion method — refers to a system under which
payments are made for work according to the percentage of the
completed work, rather than to GRANTEE'S cost incurred.
1.35 Prior approval — means documentation evidencing consent prior to
incurring specific cost.
1.36 Produced — participle or passive verb which when used in connection with
the term Intellectual Property means conceived, developed, implemented,
discovered, invented, first actually reduced to practice or otherwise
produced.
1.37 Project — the body of services rendered of which the work to be provided
under the Agreement may be the whole, or a part as indicated elsewhere
in the Agreement.
1.38 Project Representative — the Project Representatives of the PLANNING
AGENCY and the GRANTEE are designated in the Supplementary
Conditions.
1.39 Real property — means land, including land improvements, structures and
appurtenances thereto, excluding movable machinery and equipment.
1.40 Share — when referring to the FUNDING AGENC'S portion of real
property, equipment or supplies, means the same percentage as the
PLANNING AGENCY'S portion of the acquiring party's total costs under
the grant to which the acquisition cost of the property was charged. Only
costs are to be counted, no the value of third -party in -kind contributions.
1.41 Standards — refer to the Uniform Grant and Contract Management
Standards.
5 General Conditions
1.42 State — means the State of Texas
1.43 SubGRANTEE — any individual, firm, or corporation having a direct
contract with GRANTEE for the performance of a part of the work.
1.44 Sub -grant — means an award of financial assistance in the form of money,
or property in lieu of money, made under a grant by the GRANTEE to an
eligible sub -grantee. The term includes financial assistance when
provided by contractual legal Agreement, but does not include
procurement purchases, nor does it include any form of assistance which
is excluded from the definition of "grant", "sub -grant" is synonymous with
"pass through grant."
1.45 Sub -grantee — means the government or other legal entity to which a sub -
grant is awarded and which is accountable to the GRANTEE for the use of
the funds provided. "Sub -grantee" is synonymous with "pass through
grant recipient."
1.46 Supplementary Conditions — the part of the Agreement, which amends or
supplements these General Conditions.
1.47 Supplies -- means all tangible personal property other than "equipment" as
defined in these General Conditions.
1.48 Suspension — means, depending on the context, either (1) temporary
withdrawal of the authority to obligate grant funds pending corrective
action by the GRANTEE, or sub -grantee or a decision to terminate the
grant, or (2) an action taken by a PLANNING AGENCY official in
accordance with the Agreement, State or Federal law, or Regulations to
immediately exclude a person from participation in grant transaction for a
period, pending completion of an investigation and such legal debarment
proceedings as may ensue.
1.49 Termination — means permanent withdrawal of the authority to obligate
previously -award grant funds before the authority would otherwise expire.
It also means the voluntary relinquishment of that authority by the
GRANTEE or sub -grantee. `Termination" does not include: (1) withdrawal
of funds awarded on the basis of the GRANTEE'S underestimate of the
un-obligated balance in a prior period balance in a prior period; (2)
withdrawals of the un-obligated balance as of the expiration of a grant; (3)
refusal to extend a grant or award additional funds to make a competing or
non -competing continuation, renewal, extension or supplemental award;
or (4) voiding of a grant upon determination that the award was obtained
fraudulently or was otherwise illegal or invalid from inception.
6 General Conditions
1.50 Terms of a grant or sub -grant — means all requirements of the grant or
sub -grant, whether contained in statutes, regulation, or the Agreement.
1.51 Third party in -kind contributions — means property or services which
benefit a state -assisted project or program and which are contributed by
third parties without charge to the GRANTEE, or a cost -type GRANTEE
under the grant Agreement.
1.52 TCEQ — the Texas Commission on Environmental Quality.
1.53 Un-liquidated obligations — for reports prepared on a cash basis, means
the amount of obligations incurred by the GRANTEE that has not been
paid. Reports prepared on an accrued expenditure basis represent the
amount of obligations incurred by the GRANTEE for which an outlay has
not been recorded.
Article 2. Sublective Funding
2.1 It is the understanding of the parties that the source of the funds is the
Municipal Solid Waste Disposal and Transportation Revenue Fee
(MSWDTRF). Due to demands upon that source for funds necessary to
protect the health and safety of the public, it is possible that the funds
contained in the MSWDTRF will be depleted prior to completion of this
Agreement. The parties agree that all funding arranged under this
Agreement is subject to sufficient funds in the MSWDTRF. The
GRANTEE shall place this notice in all sub -grants and subcontracts.
Article 3. GRANTEE'S Responsibilities
Employment Practices
3.1 The GRANTEE agrees that in the performance of this Agreement, it will
not discriminate against any employee or applicant because of race,
religion, color, sex, age, or national origin and it will comply with Executive
Order 11246, entitled "Equal Employment Opportunity," as amended by
Executive Order 11375 and as supplemented in Department of Labor
Regulations (41 CFR Part 60). The GRANTEE assures that no person
will, on the grounds of race, creed, color, handicap, national origin, sex,
political affiliation or beliefs, be excluded from, be denied the benefit of, or
be subject to discrimination under any program or activity funded in whole
or part under this Agreement.
3.1.1 The GRANTEE shall comply with all applicable state and federal
statutes relating to non-discrimination, which include, but are not
limited to, those listed in the Uniform Grant Management
Standards.
7 General Conditions
SubGRANTEEs, Suppliers and Others
3.2 All contractual expenditures using funds provided under this Agreement
shall meet all procurement laws and regulations applicable to the
GRANTEE and the Uniform Grant and Contract Management Act and the
Uniform Grant Management Standards. Note that competitive bidding will
generally be required.
3.3 The GRANTEE shall be responsible for the management and fiscal
monitoring of all sub -grantees. The GRANTEE shall monitor its sub -
grantees as necessary to ensure that the sub -grantees are operating
consistently with applicable laws and regulations, applicable contracting
policies, and this Agreement. The GRANTEE shall ensure that all sub -
grantees comply with all record keeping and access requirements set forth
in this Agreement. The PLANNING AGENCY reserves the right to
perform an independent audit of all sub -grantees. The GRANTEE and
sub -grantees shall maintain detailed records.
3.4 Funds provided by the PLANNING AGENCY pursuant to this Agreement
that are paid to the sub -GRANTEE shall be used by the sub -GRANTEE
solely to satisfy the purposes of the Agreement.
Permits
3.5 Unless otherwise provided in the Agreement, GRANTEE shall obtain and
pay for all construction permits and licenses. GRANTEE shall pay all
charges of utility owners for connections to the work, and GRANTEE shall
pay all charges of such utility owners for capital costs related thereto such
as plant investment fees.
Laws and Regulations
3.6 GRANTEE shall give all notices and comply with all Laws and Regulations
applicable to furnishing and performance of the work. Except where
otherwise expressly required by applicable Laws and Regulations,
PLANNING AGENCY shall not be responsible for monitoring Agreement's
compliance with any Laws or Regulations.
Sub -grant Activities as set forth in this Section
3.7 If GRANTEE performs any work knowing or having reason to know that it
is contrary to Laws or Regulations, GRANTEE shall bear all claims, costs,
losses and damages caused by, arising out of or resulting there -from.
Uniform Grant and Contract Management Act
3.8 The provisions of Uniform Grant and Contract Management Act, TEXAS
GOVERNMENT CODE, Chapter 783 applies to this Agreement, all
amendments thereto, and all subcontracts and sub -agreements.
Compliance with the conditions and requirements contained therein is
8 General Conditions
necessary for the satisfactory performance of the services and work
required under this Agreement.
Records, Documents, Data, Access, and Audit
3.9 The GRANTEE shall maintain books, records, documents, and other
evidence reasonably pertinent to performance of the work and
requirements of the Agreement, including the Agreement or amendments
thereto. All financial records shall be maintained in accordance with
generally accepted accounting principles, the Uniform Grant Management
Standards and this Agreement. The GRANTEE shall also maintain the
financial information and data used in the preparation or support of any
request for reimbursement (direct and indirect), price or profit analysis for
this Agreement or any sub -agreement or subcontract and a copy of any
cost information or analysis submitted to the PLANNING AGENCY. The
PLANNING AGENCY, TCEQ, Texas State Auditor's Office, or any of their
authorized representatives shall have access to all such books, records,
documents and other evidence for the purpose of review, inspection,
audit, excerpts, transcriptions and/or copying during normal business
hours. The GRANTEE shall provide proper facilities for such access and
inspection.
3.10 The GRANTEE agrees that all record keeping and access requirements
shall be included in and applicable to all subcontracts and sub -
agreements.
3.11 The GRANTEE agrees to the disclosure of all information and reports
resulting from access to records under this Agreement.
3.12 Records under paragraph 3.9 and 3.10 shall be maintained by the
GRANTEE during performance of work under this Agreement and for
three (3) years after final payments, final expenditure reports and all other
pending matters are closed. If any litigation, claim, negotiation, audit, cost
recovery, or other action (including actions concerning costs of items to
which an audit exception has been taken) involving such records has been
started before the expiration of the three year period, such records must
be retained until completion of the action or resolution of all issues which
arise from it, or until the end of the regular three year period, whichever is
later.
3.13 Access to records is not limited to the required retention periods. The
entities designated in paragraph 3.9 shall have access to records at any
reasonable time for as long as the records are maintained.
3.14 This right -of -access article applies to financial records pertaining to this
Agreement and all sub -agreements and amendments. In addition, this
9 General Conditions
right of access article applies to all records pertaining to this Agreement
and all sub -agreements and amendments as set forth in this Section.
3.14.1 The extent the records pertain reasonably to Agreement or
subcontract performance.
3.14.2If there is any indication that fraud, gross abuse, or corrupt
practices may be involved.
3.14.3If the Agreement or subcontract is terminated for default or for
convenience.
Data and Publicity
3.15 All data and other information developed under this Agreement shall be
furnished to the PLANNING AGENCY and shall be public data and
information except to the extent that it is exempted from public access by
the Texas Public Information Act, TEX. GOV'T CODE Chapter 552 ("Act").
Upon termination of this Agreement, all copies of data and information
shall be furnished, at no charge to the PLANNING AGENCY, upon
request, to include data bases prepared using funds provided under this
Agreement, and will become the property of the PLANNING AGENCY.
Except as otherwise provided by the Agreement or the Act, the GRANTEE
shall not provide data generated or otherwise obtained in the performance
of its responsibilities under this Agreement to any party other than the
State of Texas and its authorized agents.
Safety and Protection
3.16 Where applicable, GRANTEE shall be responsible for requiring sub -
grantees to maintain and supervise all necessary safety precautions and
programs in connection with the work. GRANTEE shall take all necessary
safety precautions.
Accounting Systems
3.17 The GRANTEE shall have an accounting system which accounts for costs
in accordance with generally accepted accounting standards or principles
and complies with applicable State law, regulations, and policies relating
to accounting standards or principles. The GRANTEE must account for
costs in a manner consistent with such standards or principles.
Independent Financial Audit
3.18 Provisions of the Single Audit Circular in Part IV of UGMS shall apply to all
non -state entities expending the funds of this grant (recipients or sub -
recipients). In addition, the GRANTEE shall require the independent
auditor to supply all audit work papers substantiating the work performed,
at the request of the PLANNING AGENCY.
10 General Conditions
Hazardous Substances, Waste Disposal and Manifests
3.19 GRANTEE and sub -grantees must comply with all applicable Laws and
Regulations, including but not limited, to those relating to hazardous
substances, waste disposal and manifests.
Conflict of Interest
3.20 GRANTEE shall notify the PLANNING AGENCY immediately upon
discovery of any potential or actual conflict of interest. GRANTEE agrees
that PLANNING AGENCY has sole discretion to determine whether a
conflict exists and that PLANNING AGENCY may terminate the
Agreement at any time, on the grounds of actual or apparent conflict of
interest.
3.20.1 Notice of Conflict of Interest: The GRANTEE shall notify the
PLANNING AGENCY in writing of any actual, apparent, or potential
conflict of interest regarding any individual performing or having
access to information regarding the work. As applicable, the
notification shall include both organizational conflicts of interest and
personal conflicts of interest. Any individual with a personal conflict
of interest shall be disqualified from taking part in any way in the
performance of any work that created the conflict of interest.
Survival of Obligations
3.21 All representations, indemnifications, warranties and guarantees made in,
required by or given in accordance with the Agreement, as well as all
continuing obligations indicated in the Agreement, will survive final
payment, completion and acceptance of the work and termination or
completion of the Agreement.
Contractual Costs
3.22 GRANTEE's contractual costs must comply with allowable costs
requirements. GRANTEES which are governmental entities must engage
in sub -GRANTEE selection on a competitive basis in accordance with
their established policies. If GRANTEE has no competitive procurement
policy or is a private entity, GRANTEE must generally select
subGRANTEEs by evaluation and comparison of price, quality of goods or
services and past performance. All sub -grants awarded under this
Agreement shall be in accordance with Subpart C, Sec.37, Subsection (b)
of the State Uniform Administrative Requirements for Grants and
Cooperative Agreements as set forth in Part III of the Uniform Grant
Management Standards adopted by the Governor's Office of Budget and
Planning.
11 General Conditions
Termination
3.23 See Article 15, relating to termination.
Acknowledgment of Financial Support
3.24 The GRANTEE shall acknowledge the financial support of the TCEQ and
the State of Texas whenever work funded, in whole or part, by this
Agreement is publicized or reported in news media or publications. All
reports and other documents completed as a part of this Agreement, other
than documents prepared exclusively for internal use within the
GRANTEE agency, shall carry the following notation on the front cover or
title page.
PREPARED IN COOPERATION WITH THE TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY
The preparation of this report was financed through grants from the State
of Texas through the Texas Commission on Environmental Quality.
Article 4. Schedule of Remedies available to the PLANNING AGENCY
4.1 in accordance with Chapter 2259, Texas Government Code, the following
Schedule of Remedies applies to this contract in the event of substandard
performance or other failure to conform to the requirements of the contract or
applicable law as set forth in this Section.
4.1.1 Reject substandard performance and request corrections without
charge to the PLANNING AGENCY.
4.1.2 Issue notice of substandard performance or other non -conforming
act or omission.
4.1.3 Request and receive return of any over -payments or inappropriate
payments.
4.1.4 Reject reimbursement request and suspend payment pending
accepted revision of substandard performance or non -conformity.
4.1.5 Suspend all or part of the work and/or payments pending accepted
revision of sub -standard performance or non -conformity.
4.1.6 Reject reimbursement requested and withhold all or partial
payments. Funds may be retained by the PLANNING AGENCY for
recovery or administrative costs or returned to funding source as
authorized by agreements with the funding source and by state or
federal law.
12 General Conditions
5.2 The pass -through grant agreement includes provisions and requirements
necessary to implement the financial administration procedures set forth in
Section 5.10 of this Article, to include the use of a reimbursement request
form and financial status report form.
5.3 The pass -through grant agreement includes a budget, broken down into
individual categories consistent with the budget categories and the
definitions of those categories, as used in this Agreement.
5.4 The pass -through grant agreement incorporates the supplemental funding
standards set forth in this Agreement.
5.5 The pass -through grant agreement requires prior notification and written
approval by the South Plains Association of Governments of the specific
details of an expense or purchase set forth in this Section, if those
expenses were not already authorized under the original grant application
and included in this pass -through grant Agreement.
5.5.1 Changes in personnel whose salaries will be funded under the
pass -through grant.
5.5.2 Out-of-state travel and special out -of region travel to training events
and conferences. Prior to authorizing any out-of-state travel by a
pass -through grant recipient, the GRANTEE shall obtain written
approval from South Plains Association of Governments to provide
such authorization.
5.5.3 Equipment, construction or contractual expenses.
5.5.4 Other category expenses not specifically authorized in the pass -
through grant Agreement.
5.6 The South Plains Association of Governments may authorize indirect
costs under an agreement with GRANTEE, in accordance with the
procedures established in the UGMS. In accordance with the UGMS,
when a GRANTEE has a negotiated agreement signed within the past 24
months by a federal cognizant agency or state single audit -coordinating
agency, the indirect rate authorized in that agreement may be accepted by
South Plains Association of Governments. Alternatively, the South Plains
Association of Governments may authorize a GRANTEE to recover up to
10% (percent) of the direct salary and wage costs of providing the service
(excluding overtime, shift premiums, and fringe benefits) as indirect costs,
subject to adequate documentation and prior approval.
14 General Conditions
5.7 The pass -through grant agreement includes other standards and
requirements as may be necessary to ensure that applicable requirements
as set forth in this Agreement are met.
5.8 The pass -through grant agreement includes a defined work program to
include specific tasks and deliverables, with a concise schedule for
completing the tasks and providing the deliverables.
5.9 The pass -through grant agreement includes requirements for reporting on
the progress of completing the project tasks and deliverables to include a
requirement that the GRANTEE certify in writing to SPAG, either through a
final progress report or other mechanism established by SPAG or TCEQ,
the satisfactory completion of all activities and deliverables required under
the pass -through grant agreement. South Plains Association of
Governments shall provide the grantee examples of recommended forms
that may be used by the grantee for this purpose.
5.10 Pass -Through Grant Administration. The GRANTEE shall administer
the pass -through grant in accordance with this Agreement and shall be
responsible for ensuring that the provisions included in the grant
agreements are adhered to. In administering the pass -through grants
under this Agreement, the GRANTEE shall also follow the procedures set
forth in this Section.
5.10.1 SPAG may require GRANTEE to provide any additional reports or
information as may be necessary to adequately track the progress
of the grant -funded project.
5.10.2 SPAG shall conduct as least one visit to each implementation
project funded under this Agreement to evaluate the progress of the
project.
For any project that entails the purchase of equipment or
expenditures for a constructed facility, SPAG shall, whenever
possible, view all equipment and facilities to verify the equipment
purchases or the facility construction. SPAG shall maintain records
and documentation of all project site visits, to include pictures of
project sites and equipment, documentation of visit dates, a
summary of the status of the project, and any notes or other
information about the visit.
5.11 Financial Administration and Payments. SPAG agrees to establish and
administer a financial management program to make reimbursements to
GRANTEE for authorized expenditures and to ensure that the
expenditures by the GRANTEE were, in fact, incurred and were
reasonable and necessary to the project. In administering a financial
management system, SPAG shall adhere to the specific standards and
15 General Conditions
requirements set forth in this Section and in the UGMS, except that the
requirements and processes may be more stringent than what is set forth
in this Section.
5.11.1 SPAG shall establish a process to make payments to the
GRANTEE for authorized expenses. Payments by SPAG to
GRANTEE shall be solely for reimbursement of actual allowable
costs utilizing the same standards and requirements for cost
reimbursement payments as set out in this Agreement. GRANTEE
will utilize a process in which SPAG reimburses the actual incurred
costs with no payments in advance. No pass -through grant may be
made on a fixed amount of cost reimbursement unless this method
is specifically approved by South Plains Association of
Governments based on supporting evidence of the proposed
GRANTEE's actual costs.
The GRANTEE is not eligible to receive project fund reimbursement
until May 1., 2006. Payment will not occur before that date. The
payment schedule will be as follows for the GRANTEE:
May 1, 2006: 30% of eligible costs
June 1, 2006: 30% of eligible costs
July 1, 2006: 40% of eligible costs
5.11.2 SPAG may allow GRANTEE to account for expenses incurred and
request reimbursement of outlays under either a cash or an accrual
basis, as defined and authorized under the UGMS. To be eligible
for reimbursement under this Agreement, a cost must have been
incurred and either paid by the GRANTEE prior to claiming
reimbursement from SPAG or incurred by the last day of the time
period indicated on a request for reimbursement form and
liquidated no later than forty-five (45) days after the end of that time
period.
5.11.3 The GRANTEE shall utilize a standard reimbursement request
form. South Plains Association of Governments shall provide the
grantee the required forms that should be used for this purpose.
See Attachment A Exhibit 3 for the required reimbursement
forms. These forms, along with receipts and cancelled checks,
should be submitted to SPAG for reimbursement. Reimbursements
will not be processed until all required reimbursement paperwork is
received by SPAG.
The GRANTEE should submit expense documentation records as
deemed necessary by SPAG'S financial monitoring plan and
program, to ensure that the outlays by the GRANTEE are
authorized and appropriate.
16 General Conditions
5.11.4 The GRANTEE shall also utilize a financial status report form
and/or supplemental forms to be submitted as required to itemize
expenditures and materials diverted by category. South Plains
Association of Governments shall provide to the grantee the
recommended forms that may be used for this purpose. See
Attachment A Exhibit 4 and Exhibit 5.
5.11.5 SPAG shall review all materials provided by GRANTEE with a
request for reimbursement and shall not make a reimbursement
payment unless all required items have been provided and are
deemed to be accurate
5.11.6 SPAG shall reimburse or otherwise make payment to GRANTEE
only for expenses incurred during the term of the grant agreement
between SPAG and the GRANTEE, the term of which may not be
outside of the term of this Agreement.
5.11.7 SPAG shall not reimburse or otherwise make payment to
GRANTEE for an expenditure that is not authorized under this
Agreement. If it is determined by the PLANNING AGENCY that an
expenditure that was reimbursed is not an authorized expense, the
PLANNING AGENCY shall request return and reimbursement of
those funds from the GRANTEE or, where appropriate, the
application of those funds to other authorized expenses, and shall
not provide any additional reimbursements to the GRANTEE until
the funds are returned or are applied to other authorized expenses.
5.12 Supplemental Funding Standards. In addition to the standards set forth
in applicable laws and regulations, the standards outlined below apply to
all uses of the funds provided under this Agreement. Unless authorization
is otherwise specifically provided for in or under the terms of this
Agreement, the use of funds provided under this Agreement shall be in
accordance with the supplemental funding standards set forth in this
Article.
5.12.1 Payment of Fees. Local and regional political subdivisions
subject to the payment of state solid waste disposal fees and
whose payments are in arrears are not eligible to receive grant
funding.
5.12.2 Land Acquisition Costs. Funds provided under this Agreement
may not be used to acquire land or an interest in land.
5.12.3 Municipal Solid Waste -Related Programs Only. Funds
provided under this Agreement may not be used for programs
17 General Conditions
dealing with wastes that are not considered municipal solid waste
(MSW), including programs dealing with industrial or hazardous
wastes.
5.12.4 Programs Solely Related to Collection of Certain Wastes.
Funds provided under this Agreement may not be used for
programs and activities solely related to the management of
automotive wastes, to include: scrap tires, used oil, oil filters,
antifreeze, lead -acid batteries, or other similar wastes excluded
from disposal in MSW landfills.
Funds may not be used for the processing of scrap tires, such as
through the purchase of equipment to shred or split the tires.
However, collection of these materials may be included as part of
a comprehensive household hazardous waste collection and
management program, so long as that is not the sole intent of the
program.
5.12.5 Activities Related to the Disposal of Municipal Solid Waste.
Except as may be specifically authorized under an eligible project
category, funds provided under this Agreement may not be used
for activities related to the disposal of municipal solid waste. This
restriction includes: solid waste collection and transportation to a
disposal facility; waste combustion (incineration or waste -to -
energy); processing for reducing the volume of solid waste which
is to be disposed of; any landfill -related facilities or activities,
including the closure and post -closure care of a landfill; or other
activities and facilities associated with the ultimate disposal of
municipal solid waste. This provision does not apply to activities
specifically included under an authorized project category, to
include citizens' collection stations and small registered transfer
stations.
5.12.6 Projects Requiring a TCEQ Permit. Funds may not be used for
expenses related to projects or facilities that require a permit from
the TCEQ and/or that are located within the boundaries of a
permitted facility, including landfills, wastewater treatment plants,
and other facilities. This provision, however, may be waived by
the PLANNING AGENCY, at the TCEQ's discretion, for otherwise
eligible activities to be located at a closed permitted facility and/or
for recycling activities that will take place within the boundaries of
an open facility. Recycling activities that may qualify for such a
waiver may include recyclables collection, composting, and land
application of bio-solids for beneficial use. The applicant should
request a preliminary determination from the PLANNING
AGENCY as to the eligibility of the project prior to consideration
for funding.
18 General Conditions
5.12.7 Projects Requiring TCEQ Registration. Projects or facilities
that require registration from TCEQ and which are otherwise
eligible for funding, may be funded. However, the registration for
the facility must be finally received before that project can be
selected for funding.
5.12.8 Projects that Create a Competitive Advantage Over Private
Industry. In accordance with §361.014(b) of the Texas Health
and Safety Code, a project or service funded under this
Agreement must promote cooperation between public and private
entities and may not be otherwise readily available or create a
competitive advantage over a private industry that provides
recycling or solid waste services. Under this definition, the term
private industry includes non-profit entities.
5.12.9 Supplanting Existing Funds. Funds provided under this
Agreement may not be used to supplant existing funds. In
particular, staff positions where the functions assigned to that
position will remain the same and that were active at the time of
the grant application and were funded from a source other than a
previous solid waste grant, are not eligible for grant funding.
5.12.10 Food/Entertainment Expenses. Funds provided under this
Agreement may not be used for food or entertainment expenses,
including refreshments at meetings and other functions. This
provision does not apply to authorized employee per -diem
expenses for food costs incurred while on travel status.
5.12.11 Use of Alcoholic Beverages. Funds provided under this
Agreement may not be used for payment of salaries to any
employee who uses alcoholic beverages on active duty. None of
these funds may be used for the purchase of alcoholic beverages,
including travel expenses reimbursed with these funds.
5.12.12 Funds to Law Enforcement Agencies. Funds provided under
this Agreement may not be provided to any law enforcement
agency regulated by Chapter 415 of the Texas Government
Code, unless the law enforcement agency is in compliance with
all rules developed by the Commission on Law Enforcement
Officer Standards and Education pursuant to Chapter 415 of the
Texas Government Code, or the Commission on Law
Enforcement Officer Standards and Education certifies that the
requesting agency is in the process of achieving compliance with
such rules.
19 General Conditions
Article 6. Public Data
6.1 GRANTEE specifically agrees that any and all data or information
developed as a result of the performance of this Agreement shall be data
or information in the public domain, unless specifically legislated
otherwise.
6.1.1 All data and other information developed under this Agreement
shall be fumished to the PLANNING AGENCY and shall be public
data and information except to the extent that it is exempted from
public access by the Texas Open Records/Public information Act,
Vernon's Tex. Gov't Cod 552. Upon termination of this Agreement,
all data and information shall become the joint property of the State
Agency and GRANTEE.
Article 7. Indemnification
The grantee agrees to hold harmless SPAG and the State Agency, and any of its
directors, officers, agents, employees, and attorneys, from and against any and
all claim, losses, damages, including consequential damages, causes of action,
suits, and liability of any character, type, description or kind, including without
limiting the generality of the foregoing, expenses of litigation, court costs, and
attorneys fees, from bodily injury, sickness, disease or death of any person, or
from damages or injury to any property to the extent arising out of or resulting
from the negligent act of the GRANTEE or its agents or employee or in the
execution or performance of this Contract.
Article 8. Partial Invalidity
If any term or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions
of this Agreement shall remain in full force and effect and it shall in no way be
affected, impaired, or invalidated.
Article 9. Breach of Agreement.
9.1 The PLANNING AGENCY may, by written notice of default to the grantee,
terminate this Contract in whole or in part if the grantee:
9.1.1 Fails to perform any of the Grantee Duties as set forth in Article 3,
or
9.1.2 Fails to perform any other condition or covenant of this Agreement.
9.1.3 The PLANNING AGENCY's right to terminate this Contract may be
exercised if the grantee does not cure any default within ten (10)
days after receipt of notice from the PLANNING AGENCY
specifying the default. If this Agreement is terminated for default,
the PLANNING AGENCY shall not be obligated to pay any unpaid
funds to the grantee under this Agreement.
20 General Conditions
9.1.4 The PLANNING AGENCY reserves the right to revoke any
unexpended or inappropriately expended funds not made in
accordance with this Agreement.
Article 10. Intellectual Property
Intellectual Property requirements as set forth in this Section.
10.1 For the purpose of this Article, "intellectual property" refers to 1) any
discovery or invention for which patent rights may be acquired, and 2) any
photographs, graphic designs, plans, drawings, specification, computer
programs, technical reports, operating manuals, or other copyright table
materials, and 3) any other materials in which intellectual property rights
may be obtained.
10.2 If the GRANTEE first conceives of, actually puts into practice, discovers,
invents, or produces any intellectual property during the course of its work
under this Agreement, it shall report that fact to the PLANNING AGENCY.
10.3 Royalties and Patent Fees. GRANTEE shall pay all license fees and
royalties and assume all costs incident to the use or possession in the
performance of the work or the incorporation in the work of any Intellectual
Property.
10.4 The GRANTEE may obtain governmental protection for rights in the
intellectual property. However, the State Agency hereby reserves a
nonexclusive, royalty -free and irrevocable license to use, publish, or
reproduce the intellectual property for sale or otherwise, and to authorize
others to do so. The State Agency also reserves a royalty -free
nonexclusive, and irrevocable license to use, publish, or reproduce for
sale or otherwise, and to authorize others to use, publish, or reproduce,
for sake or otherwise (to extent consistent with the rights of third parties)
any intellectual property for which the GRANTEE obtains rights with funds
received under this Agreement.
10.5 The GRANTEE shall include provisions adequate to effectuate the
purposes of this paragraph in all subcontracts and sub -grants under this
Agreement in the course of which Intellectual Property may be produced
or acquired.
Article 11. Assianment.
This Contract shall not be assignable by GRANTEE without the prior written
consent of South Plains Association of Governments.
Article 12. Successors and Assianees
This Agreement shall be binding on any successors and assignees of the
respective parties to this Agreement.
21 General Conditions
Article 13. Amendments.
Any amendments, modifications, or supplements to this Contract shall be in
writing and signed by both parties in accordance with the provisions of the TCEQ
Contract with South Plains Association of Governments.
Article 14. Mediation.
If a dispute arises out of, or related to this contract, or the breach thereof, and if
the dispute cannot be settled through negotiation, the parties agree first to try in
good faith to settle the dispute by mediation administered by a Dispute
Resolution Center, before resorting to arbitration, litigation, or some other dispute
resolution procedure.
Article 15. Termination.
15.1 This Agreement shall terminate no later than July 31, 2006, unless
extended in writing and executed by both parties. This Agreement shall
terminate upon full performance of all requirements contained herein,
unless extended in writing and executed by both parties.
15.2 This Agreement may be terminated in whole or in part by the PLANNING
AGENCY in the event of material failure to comply with the contract terms,
in accordance with the Uniform Grant Management Standards: provided
that no such termination may be effected unless the other party is given
notice as set forth in this Section.
15.2.1 Not less than ten (10) days written notice (delivered by certified
mail, return receipt requested) of intent to terminate.
15.2.2 An opportunity for consultation with the terminating party prior to
termination.
15.3 This Agreement may be terminated in whole or in part in writing by the
PLANNING AGENCY for its convenience, in accordance with the Uniform
Grant Management Standards: provided that the GRANTEE is given not
less than ten (10) days written notice (delivered by certified mail, return
receipt requested) of intent to terminate. Circumstances in which the
PLANNING AGENCY may terminate for convenience include, but are not
limited to, the Texas Legislature's withdrawal of appropriations for this
project and the depletion of funds in the Municipal Solid Waste Disposal
and Transportation Revenue Fee.
15.4 If the PLANNING AGENCY terminates the Agreement for a material
failure to comply with the Agreement terms under this contract or
terminates the Agreement for convenience, an adjustment in the
Agreement amount shall be made in accordance with the Uniform Grant
Management Standards.
22 General Conditions
15.5 Upon receipt of a termination action, the GRANTEE shall perform the
actions set forth in this Section.
15.5.1 Promptly discontinue all services affected (unless the notice directs
otherwise).
15.5.2 Deliver or otherwise make available to the PLANNING AGENCY all
data, drawings, specifications, reports, estimates, summaries, and
such other information and materials as may have been
accumulated by the GRANTEE in performing this Agreement,
whether completed or in the process.
15.6 If, after termination for failure of the GRANTEE to fulfill contractual
obligations, it is determined that the GRANTEE had not so failed, the
termination shall be deemed to have been effected for the convenience of
the PLANNING AGENCY.
15.7 If any delay or failure of performance is caused by a force majeure event
as describe in the force majeure Article of this Agreement, the PLANNING
AGENCY may in its sole discretion terminate this Agreement in whole or
part pursuant to this Article.
Force Majeure
15.8 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.
15.9 Provided this Agreement has not been terminated, and subject to the
conditions below, if a delay or failure of performance by either party results
from the occurrence of a force majeure event, the delay shall be excused
and the time fixed for completion of the work extended by a period
equivalent to the time lost because of the event to the extent as set forth in
this Section.
15.9.1 The delay or failure was beyond the control of the party affected
and not due to its fault or negligence.
15.9.2 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.
15.10 No time extension shall be granted under this Article unless the party
seeking relief has notified the other in writing within a reasonable time
after commencement of the event, or the anticipated length and cause of
the delay, the measures taken or to be taken to minimize the delay, and
23 General Conditions
the timetable by which the GRANTEE intends to implement these
measures. The party seeking relief shall also five written notice of the
ending of the event within a reasonable time after the event has ended.
15.11 The PLANNING AGENCY shall be responsible for costs related to a force
majeure event only if they are incurred by the GRANTEE after the prior
written request by the PLANNING AGENCY Project Representative, to
incur such costs in connection with any force majeure event. Neither the
PLANNING AGENCY nor the GRANTEE shall have, and both hereby
waive, any claim whatever for any damages resulting from delays caused
by force majeure events.
Article 16. Attorney's Fees.
If any legal action is brought by either of the parties hereto, it is expressly agreed
that the prevailing party in such action shall be entitled to recover from the other
party reasonable attorney's fees in addition to any other relief awarded.
Article 17. Entire Agreement.
This Contract contains the entire Agreement of the parties with respect to the
matters covered by its terms. NEITHER THE STATE OF TEXAS NOR THE
TCEQ ARE PARTIES TO THIS CONTRACT. No other agreement, statement, or
promise made by any party or to any employee, officer, or agent of any party that
is not contained in this Contract shall not have any force or effect.
24 General Conditions
ATTACHMENT
Exhibit 1
Work Program
Attachment A
GRANTEE Work Program
PROJECT GOAL STATEMENT — The City will purchase a multi -purpose skid loader with
fork lift attachment that will be used in the city's plastic recycling and baling operations. This
project will allow the city to make their current recycling operations more efficient and user-
friendly.
The skid loader will be used to push plastics into a baler, stack plastic bales and load plastic
bales onto shipping trucks. The plastic bales are sold to a company on contract with the city to
market the recyclables.
The slid loader will be stored at one of the city's Citizen Collection Stations. All equipment will be used
daily Monday through Saturday.
This project will greatly reduce the amount of waste being sent to the landfill or other means of
disposal. This benefits both the city of Lubbock and its citizens.
The project supports SPAG's regional plan by implementing goal #1 (Achieve a reduction in
waste disposed at area MSW landfills by one percent by year 2007 and two percent by year
2012) and goal #4 (Assist county and local governments with educational campaigns focusing on
waste reduction, tire disposal, yard waste, litter and illegal dumping and recycling).
The benefits of this program will be increased opportunities for residents to recycle and an
increase in materials diverted from the landfill or incineration.
Phase I — Planning
Task 1: Identify Project Representative/Coordinator
Deliverable: Designate a responsible individual familiar with the project to
receive direction from SPAG, to manage the work being performed
and to act on behalf of the GRANTEE.
Task 2: Evaluate Needs
Deliverable: Meet with SPAG Staff to discuss specific project goals and develop
appropriate work program, budget and schedule of deliverables, as
needed.
Phase II — Contract Execution
Task 3: Coordinate Contract Execution with Officials, SPAG
Deliverable: Present completed contract to officials for approval and
authorization to sign the document, coordinate return of signed
copies to SPAG.
Deliverable: Coordinate with SPAG to ensure timely return of fully executed
contracts to officials, indicating authorization to begin formal
implementation of the project.
Phase III — Implementation
Task 4: Prepare Specifications/Design Project
Deliverable: Provide project specifications and summary of proposed project to
SPAG for review and approval, based on previously evaluated
needs before advertising for bids, as required.
Task 5: Advertise for Bids
Deliverable: Provide copies of bids received to SPAG with request to authorize
spending.
Task 6: Purchase Equipment/Construct Facility
Deliverable: Submit Requests for Reimbursement with invoices and other
required forms and reports to SPAG (following purchases) in order
to receive funds.
Attachment A
Task 7: Receive Equipment/Complete Construction
Deliverable: Upon receipt of equipment/completion of construction of the project,
all items will be inventoried property; provide notification and photo
to SPAG, as required.
Task 8: Operate Equipment/Facility
Deliverable: Maintain logs of operation and track waste diversion; keep records
for onsite visits and inspections. Submit reports to SPAG on waste
diversion, as required.
Task 9: Publicity and Education
Deliverable: Submit copies of all instructional fliers, educational materials and
news articles to SPAG.
Phase IV — Monitoring and Reporting
Task 10: Maintain Adequate Records
Deliverable: Record and compile daily/weekly/monthly activities; submit as
requested to SPAG.
Task 11: Quarterly Reporting and Evaluation
Deliverable: Submit Summary and Results Reports to SPAG, as required in this
Agreement, with updated evaluation of project results, as detailed
in this Agreement.
Task 12: Follow-up Monitoring
Deliverable: Track results/activities for the life of the project; submit one-year
follow-up Results Report on waste diversion rates, and other
reports or information as requested by SPAG and/or TCEQ. See
Attachment A Exhibit 5 for required results reporting format.
Attachment A
Schedule of Deliverables from
GRANTEE
Tasks
Description of Deliverables
Schedule
(Completion Date)
Phase I - Planning
1
Identify Project Representative / Coordinator
2
Evaluate Needs
Phase II & III - Contract Execution/implementation
3
Execute Contract with Officials & SPAG
Feb-2005
4
Finalize Specifications / Design Project
Feb-2005
5
Advertise for Bids
Mar-2005
6
jPurchase Equipment / Construct Facilities
Mar-2005
7
Receive Equipment / Complete Construction or Project
Apr-2005
8
Operate Equipment / Facility or Implement Project
Apr-2005
9
Publicity and Education
As required
Phase IV - Monitoring and Reporting
10
Maintain Adequate Records as Required
Continuous
11
Quarterly Reports and Evaluation
Quarterly or as
required
12
Follow -Up Results Report to SPAG
As required
Attachment A
ATTACHMENT A
Exhibit 2
Program Budget
Attachment A
Program Budget
Budget Categories
FY '05
Budget
a.
Personnel / Salaries
-0-
b.
Fringe Benefits
-0-
c.
Travel
-0-
d.
Supplies
-0-
e.
E ui ment
22,500
f.
Construction
-0-
.
Contractual
-0-
h.
Other
-0-
i.
Total Direct Sum a -
$22,500
.
Indirect Costs
-0-
k.
Total Sum h & h
$221500
Equipment
Multi -purpose skid loader $22,500
Attachment A
ATTACHMENT A
Exhibit 3
Request for Funds Forms
Attachment A
FY 2006/2007 REGIONAL SOLID WASTE GRANT
PASS -THROUGH GRANT RECIPIENT
REQUEST FOR FUNDS - FORM PT- F1
1. From:
2. Date:
(Grantee)
3. Contract/Project Number:
(Business Address)
(City)
(Contact person name and phone number)
4.
These funds are requested to cover expenditures for the
period: through:
5.
Pass -Through Grant funds received/requested to date:
6.
Total project expenditures to date, as of
7.
How much of item 6 is to be covered by grant funds?
8.
Net (subtract item 5 from item 7):
9.
Amount requested:
10.
Submitted by:
Printed Name of Certifying Official Date
TO BE COMPLETED BY PAYING AGENCY
Agency Approvals:
Signature Date
Signature Date
Attachment A
PASS -THROUGH GRANT RECIMENT REQUEST FOR FUNDS (Form PT-Fl)
Item Entry
1. Self-explanatory
2. Self-explanatory
3. Enter your grant contract number
4. Period for which you are requesting reimbursement.
5. Enter total funds received since the beginning of the grant period plus funds requested but not yet received to date
(DO NOT include this request).
6. Enter total PROJECT expenditures (actual/accrued) from the beginning of the grant period to a cut-off date (NOT
A PROJECTED DATE). This includes any local match.
7. Enter the amount that will be covered by grant funds from the amount in Item 6.
8. Self-explanatory.
9. Enter the amount of grant funds requested.
10. The original signature of the authorized certifying official is required.
FY 2006/2007 REGIONAL SOLID WASTE GRANTS PROGRAM
Attachment A
SUMMARY OF PASS -THROUGH GRANT EXPENDITURES - FORM PT-F2
1. COUNCIL OF GOVERNMENTS
TO WHICH REPORT IS SUBMITTED:
2. VENDOR IDENTIFICATION NUMBER:
3. RECIPIENT ORGANIZATION (NAME AND COMPLETE)
ADDRESS, INCLUDING ZIP CODE):
4. CONTRACT/PROJECT NUMBER:
5. FINAL REPORT:
YES � NO
6. ACCOUNTING BASIS:
Cash Accrual
T. TOTAL GRANT PERIOD:
FROM: TO:
8. PERIOD COVERED BY THIS REPORT:
FROM:
9. BUDGET
CATEGORIES
Total
Bud et
Project Cost
This Re ort1
Cumulative
Project Cost
Total
Balance
a. Personnel / Salaries
b. Fringe Benefits
c. Travel
d. Supplies
e. Equipment
f. Contractual
g. Construction
h. Other
L Total Direct Sum a-h
'. Indirect Charges
k. Total Sum of i & '
IList (Itemize) on the appropriate supplemental form, component expenses comprising the total cost.
10. CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and
that all outlays and unliquidated obligations are for the purposes set forth in the award documents.
Signature of Authorized Certifying Official
Typed or Printed Name and Title
Telephone (area code, number and ext.) Date Submitted:
Attachment A
SUMMARY OF PASS -THROUGH GRANT EXPENDITURES (Form PT-F2)
Detailed Instructions
A completed Form PT-F2, and appropriate supplemental forms, must be submitted with each request for reimbursement.
The grant recipient may modify these forms to allow for electronic generation, so long as the applicable information is
still provided.
Item Entry
1. Enter the Council of Governments to which the report is submitted.
2. Enter your 14-digit vendor identification number assigned by the State Comptroller's Office.
3. Enter organization name and complete address.
4. Enter the contract or project number.
5. Indicate whether or not this submittal constitutes the final report of expenses incurred under the contract.
6. Indicate accounting basis (cash or accrual).
7. Enter the contract term.
8. Enter the reporting period. Reports are required to be submitted with each request for reimbursement and/or on a
schedule set forth in the grant contract.
9. For each category listed in the contract budget, enter the appropriate amount under each vertical column heading.
Do not include expenditures funded from other sources.
10. The report must be signed and dated by the authorized official of the submitting agency.
Supplemental Forms
Form F2-A
Itemize all expenditures (for this report period) from the Personnel/Salaries and Travel budget categories.
Attach documentation of expenses as required by the grant agreement.
Form F2-B
Itemize all equipment purchases and contractual expenditures (for this report period) from the Equipment and Contractual
budget categories. Attach documentation of expenses as required by the grant agreement.
Form F2-C
Itemize all expenditures (for this report period) from the Construction budget category. Attach documentation of
expenses as required by the grant agreement.
Form F2-D
Itemize all expenditures (for this report period) from the Supplies and the Other budget categories. Attach documentation
of expenses as required by the grant agreement.
Attachment A
FY 2006/2007 REGIONAL SOLID WASTE GRANTS PROGRAM
ITEMIZATION OF PERSONNELISALARIES AND TRAVEL COSTS
SUPPLEMENTAL FORM F2-A
PERSONNEL/SALARIES EXPENDITURES (during this report period)
EMPLOYEE NAME
TITLE/POSITION
SALARY THIS
PERIOD
TOTAL PERSONNEL/SALARY EXPENDITURES (Must agree with line 9a on Form PT-172)
TRAVEL EXPENDITURES (during this report period)
DESCRIPTION
REASON
COST THIS PERIOD
TOTAL TRAVEL EXPENDITURES (Must agree with line 9c on Form PT-F2)
Supplemental documentation (time sheets, travel receipts, etc.) is not required to be attached to this form, but must be retained by the grant
recipient.
ATTACH ADDITIONAL SHEETS, IF NEEDED
Attachment A
FY 2006/2007 REGIONAL SOLID WASTE GRANTS PROGRAM
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
SUPPLEMENTAL FORM F2-B
EOUIPMENT PURCHASES (during this renort neriodl
NUMBER
PURCHASED
ITEM DESCRIPTION
UNIT
COST
TOTAL
COST
TOTAL EQUIPMENT EXPENDITURES (Must agree with line 9e on Form PT-F2)
CONTRACTUAL EXPENDITURES (during this renort neriodl
SUBCONTRACTOR (NAME)
FOR
TOTAL
COST
TOTAL CONTRACTUAL EXPENDITURES (Must agree with line 9f on Form PT-F2)
Legible receipts must be attached to this form for each listed item or expenditure.
ATTACH ADDITIONAL SHEETS, IF NEEDED
Attachment A
FY 2006/2007 REGIONAL SOLID WASTE GRANTS PROGRAM
ITEMIZATION OF CONSTRUCTION COSTS
SUPPLEMENTAL FORM F2-C
CONSTRUCTION COSTS (durine this report period)
DESCRIPTION
PURPOSE
TOTAL
COST
TOTAL CONSTRUCTION EXPENDITURES (Must agree with line 9g on Form PT-F2)
Legible receipts must be attached to this form for each listed item or expenditure.
ATTACH ADDITIONAL SHEETS, IF NEEDED
Attachment A
FY 2006/2007 REGIONAL SOLID WASTE GRANTS PROGRAM
ITEMIZATION OF SUPPLIES AND OTHER COSTS
SUPPLEMENTAL FORM F2-D
SUPPLIES EXPENDITURES (during this report period)
NUMBER
PURCHASED
ITEM DESCRIPTION
UNIT
COST
TOTAL
COST
TOTAL SUPPLIES EXPENDITURES (Must agree with line 9d on Form PT-F2)
OTHER EXPENDITURES (during this report period)
NUMBER
PURCHASED
ITEM DESCRIPTION
UNIT
COST
TOTAL
COST
TOTAL OTHER EXPENDITURES (Must agree with line 9h on Form PT-F2)
Legible receipts must be attached to this form for each listed item or expenditure that equals or exceeds $500.
ATTACH ADDITIONAL SHEETS, IF NEEDED
Attachment A
ATTACHMENT A
Exhibit 4
Financial Status Report -Contact SPAG for
Form
Attachment A
ATTACHMENT A
Exhibit 5
Results Report
Attachment A
VOLUME -TO -WEIGHT CONVERSION FACTORS
FOR REPORTING PURPOSES
(for programs that cannot weigh materials or determine their own factors)
In order to standardize reporting and maximize accuracy, recycling programs are encouraged to
weigh their materials or develop their own volume -to -weight conversion factors (densities).
The following table is provided to help programs without access to scales convert volumes to
weights for reporting purposes. These factors are not intended for use in determining
payments for handling or sales of materials. These factors were compiled from several sources
(primarily by Resource Recycling Magazine) and do not necessarily represent your conditions,
particularly for yard trimmings. Where references listed a range of values, a mid -range density
is tabulated below.
Wherever possible, you should indicate the conversion factors that you used in reporting the quantities of
materials recovered. Volumetric equivalents are provided at the end of the table to help determine
volumes in cubic yards knowing other volumetric measures or numbers of certain containers. To report
in tons, divide weights in pounds by 2000 pounds per ton.
MATERIAL
LEVEL OF
PROCESSING
POUNDS PER
CUBIC YARD
GLASS CONTAINERS.....
Whole
500
Semi -crushed (manually broken)
1000
Crushed to less than 1-1/2" (mechanically
broken)
1800
Furnace ready, less than 1 /4"
2700
1VIETAL
Aluminum Cans
Whole
60
Flattened
200
Baled
350
Densified
1080
Shreds
400
Steel (Tin) Cans
Whole
150
I/3 Flattened
235
Flattened
400
Baled
850
Densified
1600
Appliances
Uncompacted
200
MATERIAL
LEVEL OF
PROCESSING
POUNDS PER
CUBIC YARD
ORGANICS
Grass Clippings
Loose, green
350
Compacted, green
650
Leaves
Loose, dry
150
Shredded, dry
300
Vacuumed
400
Compacted
550
Brush & Branches
Loose
250
Chipped, 3" Screen
600
Yard Trimmings
Loose
600
Compacted
1040
Clean Wood
Material
Chipped
500
Vegetative Food
Material
From the kitchen
800
Solid & liquid fats
1500
MATERIAL
LEVEL OF
PROCESSINGUBIC
OUNDSPER
EpcYARD
PAPER
Newspaper
Loose
430
Loose, stacked
600
Baled
650
Baled, horizontal,
single ram
700
Baled, horizontal,
double ram
800
Corrugated
Containers
Loose
100
Compacted, packer
truck
250
Baled, downstroke
500
Baled, horizontal,
single ram
650
Baled, horizontal,
double ram
750
Office/Computer
Paper
Loose
350
Baled
750
Mixed Paper
Loose
150
MATERIAL
LEVEL OF
PROCESSING
POUNDS PER
CUBIC YARD
PLASTIC
PET Soft Drink
Bottles
Whole
34
Flattened
75
Baled
400
Baled and perforated
650
Granulated
550
HDPE Milk or
Water Bottles
Whole
30
Flattened
65
HDPE Colored
Bottles
Whole
45
Flattened
90
HDPE Bottles
Baled
400
Granulated
550
PET & HDPE Milk
or water bottles
Whole, loose
32
PET & HDPE
Colored Bottles
Whole, loose
38
Plastic Film
Baled
850
TEXTILES
Loose
240
Baled
480
OTHER CONVERSION FACTORS:
1 Pallet = 30 to 100 pounds each, averaging 40 pounds each
1 Passenger Tire = 20 pounds each (19.8 pounds by statute)
1 Truck Tire = 60 to 90 pounds each
VOLUMETRIC EQUIVALENTS
27 cubic feet = 1 cubic yard
46656 cubic inches = 1 cubic yard
One Gaylord box (40x48x36) = 1.48 cubic yards
One 55-gallon barrel = 0.27 cubic yard
To get volume in cubic yards:
Divide the number of cubic feet by 27
Divide the number of cubic inches by 46656
Multiply number of Gaylord boxes by 1.48
Multiply number of 55-gallon barrels by 0.27
FY 2006/2007 REGIONAL SOLID WASTE GRANTS PROGRAM
SUMMARY/RESULTS REPORT OF GRANT -FUNDED PROJECT
1. Grant Recipient:
2. Contract #:
3. Report #:
4. Final FY 06/07 Re rt:
❑ Yes] No
5. Reporting Period:
6. Grant Term:
From to:
From: to:
7. Percent Completed to Date:
8. Estimated Completion Date:
Required Attachments
9. STATUS OF COMPLETION OF WORK TASKS
10. PROJECT RESULTS REPORT
(complete the applicable form for the project being conducted with grant funds, ® if attached)
❑ Form 10a: Local Enforcement
❑ Form 10b: Litter/Illegal Dumping Cleanup & Community Cleanup Event
❑ Form IOc: Source Reduction/Recycling
❑ Form 1 Od: Local Solid Waste Management Plans
❑ Form 10e: Citizens' Collection Stations & "Small" Registered Transfer Stations
❑ Form 10f Household Hazardous Waste (attach a copy of the completed Data Information Form
required to be submitted to TCEQ for each HHW collection activity)
❑ Form 10g: Technical Studies
❑ Form 10h: Education and Training Projects (stand alone projects)
❑ Form 10i: Other
11. CERTIFICATION:
I certify to the best of my knowledge and belief that this report is correct and complete.
Signature of Authorized Certifying Official
Typed or Printed Name and Title
Date Submitted
STATUS OF COMPLETION OF WORK TASKS*
For each major work task or deliverable set forth in your grant contract, provide the following
information (attach additional pages as needed):
- Estimate the percent (%) complete of the task/deliverable
- Briefly explain the activities conducted to date towards completing the task or deliverable. Be
sure to provide information on the status of equipment purchases and/or facility construction, if
applicable.
- List the major activities remaining to be conducted towards completing the task or deliverable.
- Provide an estimated date for the completion of the task or deliverable.
- Explain any problems or delays in completing the task or providing the deliverable.
Provide copies of all materials and documents produced with grant funds to date (e.g., reports, plans,
brochures, educational materials, videos, etc.).
1. Task/Deliverable:
A. Percent (%) Completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
2. Task/Deliverable:
A. Percent (%) Completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
3. Task/Deliverable:
A. Percent (%) Completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
4. TaskiDeliverable:
A. Percent (%) Completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
5. Task/Deliverable:
A. Percent (%) Completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
6. Task/Deliverable
A. Percent (%) Completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
FY 2006/2007 REGIONAL SOLID WASTE GRANT
Results Report Form 10a: Local Enforcement
Reporting Parameter
Cumulative FY
2006/2007 Results
Total amount of grant funding
$
Total number of illegal dumping sites investigated
Number of Class C misdemeanor sites investigated (51bs or less)
Number of Class B misdemeanor sites investigated (5 -500 lbs.)
Number of Class A misdemeanor sites investigated (500 - 10001bs.)
Number of Felony sites investigated (10001bs. or more)
Total number of chronic dump sites routinely investigated
Total number of violators identified
Total number of fines issued
Total amount of fines collected
$
Total number of illegal dumping sites cleaned up through enforcement actions
Total amount of waste (in pounds) removed from illegal dumping sites through
enforcement actions
Ifsurveillance camera(s) purchased:
Number of days camera(s) were used
Education & Training Component
Reporting Parameter
Results
Amount of grant funding applied toward education/training activities
$
Total of all education/training events
Total number of persons involved in education/training events
Total of all items distributed related to education/training events (e.g., brochures, fliers,
manuals, freebies, etc.)
Total number of mass media activities (e.g., press releases, PSAs, billboards or signs,
etc.)
Estimated total number of people reached through mass media activities
Comments:
FY 2006/2007 REGIONAL SOLID WASTE GRANT
Results Report Form 10b: Litter/Illegal Dumping Cleanup
& Community Collection Event
Reporting Parameter
Cumulative FY
2006/2007 Results
Total grant funding amount
$
Total number of participants/volunteers:
For community collection events:
Total number of individual collection events held
Total amount of waste collected for disposal (in tons)
Total amount of materials diverted for recycling/reuse (in tons)
Total revenue from sale of diverted materials
$
For river/lake and community litter cleanups:
Total number of individual cleanup events held
If applicable, total waterfront cleaned up (in miles)
If applicable, total estimated land area cleaned up (in acres)
Total debris/litter collected for disposal (in pounds)
Total amount of materials collected for recycling/reuse (in pounds)
For periodic or ongoing cleanup of illegal dump sites:
Total number of litter and illegal dump sites cleaned up
Total estimated land area cleaned up (in acres)
Total amount materials collected for disposal (in pounds)
Total amount of material collected for recycling/reuse (in pounds)
Education & Training Component
Reporting Parameter
Results
Amount of grant funding applied toward education/training activities
$
Total of all education/training events
Total number of persons involved in education/training events
Total of all items distributed related to education/training events (e.g., brochures, fliers,
manuals, freebies, etc.)
Total number of mass media activities (e.g., press releases, PSAs, billboards or signs,
etc.)
Estimated total number of people reached through mass media activities
Comments:
FY 2006/2007 REGIONAL SOLID WASTE GRANT
Results Report Form 10c: Source Reduction & Recycling
Reporting Parameter
Cumulative FY
2006/2007 Results
Total grant funding amount
$
Total amount (in tons) of materials diverted
Amount (in tons) of brush/yard waste diverted
Amount (in tons) of glass diverted
Amount (in tons) of metal diverted
Amount (in tons) of plastic diverted
Amount (in tons) of cardboard diverted
Amount (in tons) of newspaper diverted
Amount (in tons) of other paper diverted
Amount (in tons) of C&D debris diverted
Number of months materials collected (to be used in obtaining averages)
Average monthly diversion amount (in tons)
Total number of persons served
Total revenue from sale of diverted materials
$
Average monthly revenue
$
Total disposal costs avoided (i.e., what it would have cost to landfill the total amount
of materials diverted)
$
Average monthly disposal costs avoided
$
Education & Training Component
Reporting Parameter
Results
Amount of grant funding applied toward education/training activities
$
Total of all education/training events
Total number of persons involved in education/training events
Total of all items distributed related to education/training events (e.g., brochures, fliers,
manuals, freebies, etc.)
Total number of mass media activities (e.g., press releases, PSAs, billboards or signs,
etc.)
Estimated total number of people reached through mass media activities
Comments:
FY 2006/2007 REGIONAL SOLID WASTE GRANT
Results Report Form 10d: Local Solid Waste Management Plans
Reporting Parameter
Cumulative FY
2006/2007 Results
Total grant funding amount
$
Total population affected or covered by plan
Total number of municipalities affected or covered by plan
Total number of counties affected or covered by plan
Total number of persons served
Total number of entities having implemented actions related to plan goals, objectives,
or recommendations
Education & Training Corr onent
Reporting Parameter
Results
Amount of grant funding applied toward education/training activities
$
Total of all education/training events
Total number of persons involved in education/training events
Total of all items distributed related to education/training events (e.g., brochures, fliers,
manuals, freebies, etc.)
Total number of mass media activities (e.g., press releases, PSAs, billboards or signs,
etc.)
Estimated total number of people reached through mass media activities
Comments:
FY 2006/2007 REGIONAL SOLID WASTE GRANT
Results Report Form 10e: Citizens' Collection Stations and
"Small" Registered Transfer Stations
Reporting Parameter
Cumulative FY
2006/2007 Results
Total grant funding amount
$
Total number of persons served
Total amount of waste collected for disposal (in tons)
Total amount of materials diverted for beneficial use (in tons)
Total revenue from sale of diverted materials
Number of months collection or transfer station in operation (to be used in obtaining
averages)
Average monthly disposal amount (in tons)
Average monthly amount diverted for beneficial use (in tons)
Total fees collected for station use
$
Average monthly fees collected
$
Average monthly revenues from sale of materials diverted for beneficial use
$
Education & Training Component
Reporting Parameter
Results
Amount of grant funding applied toward education/training activities
$
Total of all education/training events
Total number of persons involved in education/training events
Total of all items distributed related to education/training events (e.g., brochures, fliers,
manuals, freebies, etc.)
Total number of mass media activities (e.g., press releases, PSAs, billboards or signs,
etc.)
Estimated total number of people reached through mass media activities
Comments:
FY 2006/2007 REGIONAL SOLID WASTE GRANT
Results Report Form 10f: Household Hazardous Waste Management
Reporting Parameter
Cumulative FY
2006/2007 Results
Grant funding amount
$
Total number of collection events, including Texas Country Cleanups & E-waste
Total number of permanent collection facilities/mobile collection units
Total number of participants/customers
FOR HHW & Texas Country Cleanup Events
Total amount of HHW (excluding hazardous paint) collected (in pounds)
Total amount of hazardous paint collected (in pounds)
Total cost of hazardous materials contractor services
$
Total cost of electronics materials contractor services
$
Total amount of nonhazardous paint collected for reuse/recycling (in gallons)
Total number of lead -acid batteries collected for reuse/recycling
Total amount of used oil collected for reuse/recycling (in gallons)
Total number of used oil filters collected for reuse/recycling
Total amount of used antifreeze collected for reuse/recycling (in gallons)
Total number of used tires collected for reuse/recycling
Total number of empty pesticide containers collected for recycling/reuse
For E-Waste Events
Amount (in tons) of low grade electronics diverted
Amount (in tons) of televisions diverted
Amount (in tons) of CPUs diverted
Amount (in tons) of monitors diverted
Amount (in tons) of Other diverted (list other)
(continued on next page)
Education & Training Component
Reporting Parameter
Results
Amount of grant funding applied toward education/training activities
$
Total of all education/training events
Total number of persons involved in education/training events
Total of all items distributed related to education/training events (e.g., brochures, fliers,
manuals, freebies, etc.)
Total number of mass media activities (e.g., press releases, PSAs, billboards or signs,
etc.)
Estimated total number of people reached through mass media activities
Comments:
FY 2006/2007 REGIONAL SOLID WASTE GRANT
Results Report Form 10g: Technical Studies
Reporting Parameter
Cumulative FY
2006/2007 Results
Grant funding amount
$
Total population affected or covered by study
Total number of municipalities affected or covered by study
Total number of counties affected or covered by study
Total number of entities having implemented actions related to study findings or
recommendations
Education & Training Component
Reporting Parameter
Results
Amount of grant funding applied toward education/training activities
$
Total of all education/training events
Total number of persons involved in education/training events
Total of all items distributed related to education/training events (e.g., brochures, fliers,
manuals, freebies, etc.)
Total number of mass media activities (e.g., press releases, PSAs, billboards or signs,
etc.)
Estimated total number of people reached through mass media activities
Comments:
FY 2006/2007 REGIONAL SOLID WASTE GRANT
Results Report Form 10h: Education and Training (stand alone project)
Reporting Parameter
Cumulative FY
2006/2007 Results
Total grant funding amount for stand-alone education/training grant
$
Total of all education/training events
Total number of persons involved in education/training events
Total of all items distributed related to education/training events (e.g.,
brochures, fliers, manuals, freebies, etc.)
Total number of mass media activities (e.g., press releases, PSAs, billboards or
signs, etc.)
Estimated total number of people reached through mass media activities
Comments:
G.
FY 2006/2007 REGIONAL SOLID WASTE GRANT
Results Report Form 10i: Other - (include project name)
Note: For use with other projects that maybe authorized by TCEQ for
funding by the COG. The COG should include appropriate reporting
parameters, consistent with the parameters used for the general category
projects, to allow for consolidation of the information to include in a
report to TCEQ.
Reporting Parameter
Education & Training Component
Cumulative FY
2006/2007 Results
Reporting Parameter
Results
Amount of grant funding applied toward education/training activities
$
Total of all education/training events
Total number of persons involved in education/training events
Total of all items distributed related to education/training events (e.g., brochures, fliers,
manuals, freebies, etc.)
Total number of mass media activities (e.g., press releases, PSAs, billboards or signs,
etc.)
Estimated total number of people reached through mass media activities
Comments:
STATE OF TEXAS
COUNTY OF LUBBOCK
Resolution No. 2006-RO175
April 13, 2006
Item No. 5.24
FY2006 SOLID WASTE IMPLEMENTATION PROJECT CONTRACT
This Agreement is made this 13thday of April , 2006, by and between the
South Plains Association of Governments, hereinafter referred to as the "PLANNING
AGENCY" and the City of Lubbock, hereinafter referred to as the "GRANTEE".
Neither the TCEQ nor the State of Texas is a party to this Agreement.
WITNESSETH:
WHEREAS, PLANNING AGENCY desires to enhance certain solid waste
management activities in its region;
WHEREAS, one of the objectives of the PLANNING AGENCY is to support local
and regional solid waste projects in conjunction with the Texas Commission on
Environmental Quality, (TCEQ), hereinafter referred to as the "STATE AGENCY";
WHEREAS, PLANNING AGENCY has entered into Contract Number 06-02-G05
("TCEQ Contract") with the State Agency to obtain certain funds to accomplish
certain objectives of HB 3072,74t' Texas Legislature, as such bill relates to the
support of local and regional solid waste projects;
WHEREAS, all such regional solid waste projects shall comply with the provisions of
30 TAC Chapter 330 of the Texas Natural Resource Code;
WHEREAS, GRANTEE desires certain grant funds from PLANNING AGENCY and
PLANNING AGENCY is willing to provide such funds to GRANTEE to accomplish
certain Solid Waste Implementation Projects contemplated by HB 3072 and the
TCEQ Contract;
WHEREAS, the GRANTEE shall adhere to the Single Audit Requirements of the
Uniform Grant and Contract Management Act.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, and for good and valuable consideration, the PLANNING
AGENCY and GRANTEE, agree as follows:
Article 1. Work
GRANTEE shall complete all work as specified or indicated in the Agreement.
Article 2. Contract Times
This Agreement shall commence on the Effective Date and terminate on July 31,
2006. This Agreement shall immediately terminate at the end of any state fiscal year
for which the Texas Legislature fails to appropriate funds necessary to perform this
Agreement.
Article 3. Contract Price
PLANNING AGENCY shall provide GRANTEE with grant funds not to exceed
sixteen thousand eight hundred dollars ($16,800) unless the parties amend this
amount in accordance with this Agreement. Funds are to be used for the sole
purposes described herein.
The GRANTEE'S expenditures must adhere to the authorized budget. To applicable
contracts, the "Estimated Cost of Operation" includes the grant -funded amount plus
in -kind and/or matching funds to arrive at total "Estimated Cost of Operation."
Article 4. Payment Procedures
GRANTEE shall submit Applications for Payment in accordance with the Program
Conditions and the General Conditions of this Agreement. Requests for
reimbursement must be made in accordance with the terms in this Agreement. See
General Conditions, Section 5.11. Application for Payment forms are included with
this contract.
Article 5. Funding -
This Agreement is funded through the Municipal Solid Waste Disposal and
Transportation Revenue Fee. This Agreement is subject to: (1) §361.014 of the
TEXAS HEALTH AND SAFETY CODE and (2) the Uniform Grant and Contract
Management Act. Texas Government Code, §783.001 et seq., and the Uniform
Grant Management Standards for State Agencies, 1 Texas Administrative Code,
§5.141 et seq.
Article 6. GRANTEE's Representations
In order to induce PLANNING AGENCY to enter into this Agreement GRANTEE
makes the following representations:
6.1 GRANTEE has examined and carefully studied the Agreement and other
related data identified in the Agreement.
6.2 GRANTEE is familiar with and understands all federal, state and local Laws
and Regulations that may affect cost, progress, performance or furnishing of
the work.
6.3 GRANTEE is aware of the general nature of work to be performed by
PLANNING AGENCY and others that relates to the work as indicated in the
Agreement.
6.4 GRANTEE has given PLANNING AGENCY written notice of all conflicts,
errors, ambiguities or discrepancies that GRANTEE has discovered in the
Agreement and the written resolution thereof by the PLANNING AGENCY is
acceptable to GRANTEE, and the Agreement is generally sufficient to
indicate and convey understanding of all terms and conditions for
performance and furnishing of the work.
6.5 GRANTEE hereby ratifies and attests to all certifications and deliverables it
has provided to PLANNING AGENCY during the application process and
2
agrees to give prompt written notice to PLANNING AGENCY if there is any
material change in these certifications or deliverables.
Article 7. Contract Documents
The Contract Documents, which comprise the entire Agreement between the
PLANNING AGENCY and GRANTEE concerning the work, listed in the order of
preference in the event of a conflict, consist of the following:
7.1 The Regional Standard Form of State Funded Grant Agreement.
7.2 Regional Solid Waste Grants Program Conditions.
7.3 The Regional Standard Form of State Funded Grant General Conditions.
7.4 GRANTEE'S Application.
7.5 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying or supplementing the Agreement pursuant to
the General or Program Conditions. These documents will be attached to the
Agreement following execution thereof.
There are no Contract Documents other than those listed above in this Article. The
Agreement may be amended, modified or supplemented only as provided in the
General Conditions.
Article 8. Miscellaneous
8.1 Terms used in this Agreement, which are defined in Article 1 of the General
Conditions, will have the meanings indicated in the General Conditions.
8.2 No delegation by a party hereto of any duties or obligations nor assignment
by a party hereto of any rights under or interests in the Agreement will be
binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, monies that may
become due and monies that are due may not be assigned without such
consent (except to an extent that the effect of this restriction may be limited
by law), and unless specifically stated to the contrary in any written consent to
an assignment, no assignment will release or discharge the assignor from any
duty or responsibility under the Agreement.
8.3 The PLANNING AGENCY and GRANTEE each binds itself, its partners,
successors, assigns and representatives to the other party hereto, its
partners, successors, assigns and representatives in respect to all covenants,
agreements and obligations contained in the Agreement. This Agreement is
not transferable or otherwise assignable by the GRANTEE without the written
consent of the PLANNING AGENCY and any attempted transfer without such
consent is void.
8.4 The parties hereby agree that this agreement does not waive the State's
sovereign immunity relating to suit, liability, and the payment of damages.
The parties further agree that all claims, suits or obligations arising under or
related to this Agreement are subject to and limited to the availability of funds
appropriated by the Texas Legislature for that respective claim, suit or
obligation.
8.5 Any provision of the Agreement held to be void or unenforceable under any
Laws or Regulations shall be deemed stricken, and all remaining provisions
shall continue to be valid and binding upon PLANNING AGENCY and
GRANTEE, who agree that Agreement shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that
comes as close as possible to expressing the intention of the stricken
provision.
8.6 The GRANTEE acknowledges and agrees that because this Agreement has
been executed and will be administered in Lubbock County, Texas, that the
Agreement is to be performed in said County. The GRANTEE acknowledges
and agrees that any permissible cause of action involving this agreement will
arise solely in Lubbock County. If a legal action related to this claim is
permissible and there are two (2) or more counties of proper venue under the
rules of mandatory, general, or permissive venue, and one such county is
Lubbock County, the GRANTEE hereby agrees to venue in Lubbock County.
8.7 Any notice issued pursuant to this Agreement shall be addressed to the
respective party at the addresses set out below, or at such other address as
they have theretofore specified by written notice. Such notices shall be sent
by certified mail, return receipt requested, or shall be delivered in hand and a
receipt provided therefore. Any notice or other written communication shall
be considered delivered three (3) days after the date postmarked, provided it
is sent in accordance with this Article.
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ADDRESSES FOR NOTICE:
PLANNING AGENCY: South
Plains Association of
Govemments
Kelli McElhone
(Printed Name) (Project Manager)
PO Box 3730 Freedom Station
(Address)
Lubbock, TX 79452
GRANTEE: City of Lubbock
Debra Frankhouser
(Printed Name) (Project Manager)
P.O. Box 2000
(Address)
Lubbock, TX 79457
IN WITNESS WHEREOF, PLANNING AGENCY and GRANTEE have signed
three (3) originals of this Agreement. One executed counterpart has been
delivered to GRANTEE and two executed counterparts have been delivered to
PLANNING AGENCY.
This Agreement will be effective on April 13, 2006 (which is the Effective
Date of the Agreement).
Executed on April 13 , 2006, at Lubbock, Lubbock County, Texas.
South Plains Association of
Gov ent
(By Signature)
Tim C. Pierce
(Printed Name)
Executive Director
(Title)
(Date)
Approved as to Content:
. Q* k N'
Debra Fran ouser
Manager of Solid Waste
City of Lubbock
Marc McDou
(Print6a mi
Mayor
(Title)
(Date)
prov as to fo ,
Y
Qy Attorney
ATTEST:
City Secretary, Rebecca Ga