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HomeMy WebLinkAboutResolution - 2008-R0124 - Contract - SPAG - Recycling Bins, Message Boards, Utilit Vehicle - 04/10/2008Resolution No. 2008-80124 April 10, 2008 Item No. 5.16 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 of 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 one solid waste grant pursuant to its application under the 2008 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 a FY2008 Solid Waste Implementation Contract and any associated documents with the South Plains Association of Governments for Project No. 08-02- GOl for 2,000 14 -gallon recycling bins, three outdoor message boards and one utility vehicle or similar four-wheel open cart vehicle, 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 10th day ofAffil _, 2008. DAVID A. MILLER, MAYOR ATTEST: Re eeca Garza, City creta APPROVED AS TO CONTENT: oa , A - 4, � � - Debra Frankhouser, Manager of Collections APPROVED A O FORM: Don Vandiver, Attorney of Coun e DDIResISPAGQ8Sol WasConRes March 25, 2008 South Plains Association of Governments Patti Jones, Commissioner of'Lubbock Countv, PRESIDENT March 17, 2008 Penny Morin City of Lubbock Solid Waste Services P.O. Box 2000 Lubbock, TX 79457 RE: FY08 Solid Waste Contract Penny, Tim C. Pierce EXECUTIVE DIRECTOR Enclosed please find three copies of your FY2008 Solid Waste Contract. Please make sure to read through the contract so you are familiar with your responsibilities. You may want to make particular note of the contract ending date of July 31, 2008 and the new requirements for submitting requests for reimbursements. Please have the Mayor sign and date the contracts and then return two executed contracts to me. The third contract will be for your files. Cance the contracts are executed you may begin your project. Please let me know if you have any questions. Sincerely, �,� j�f ICelli McElhonr Solid Waste Coordinator 1323 58th St. • P.O. Box 3730 Freedom Station • Lubbock, Texas 79452-3730 * 8061762-8721 • Fax 8061765-9544. 11800-858-1809 Web Site: http://www.spag.org STATE OF TEXAS COUNTY OF LUBBOCK Resolution No. 2008-80124 FY2008 SOLID WASTE IMPLEMENTATION PROJECT CONTRACT This Agreement is made this 10th day of Aril 2008, 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 582-8-86700 ("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 the South Plains Association of Governments Regional Solid Waste Management Plan; 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 allowed by 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 under Project Number Article 2. Contract Times This Agreement shall commence on the Effective Date (execution date) and terminate on July 31, 2008. 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/Matching Funds PLANNING AGENCY shall provide GRANTEE with grant funds not to exceed twenty five thousand and thirty five dollars ($25,035) 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 (see Attachment A Exhibit 2). GRANTEE shall provide match funds toward the project equal to sixty eight thousand eight hundred and twenty four dollars ($68,824) unless the parties amend this amount in accordance with this Agreement. Funds are to be used for the sole purposes of the project described herein. The GRANTEE'S expenditures must adhere to the authorized budget (see Attachment A Exhibit 2). 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, Article 5. Fundinq This Agreement is funded through the Solid Waste Disposal and Transportation Fees, as proscribed in Texas Health and Safety Code Chapter 363.013. This Agreement is subject to: (1) §361.013 of the TEXAS HEALTH AND SAFETY CODE and (2) the Uniform Grant and Contract Management Act, The GRANTEE agrees that all funding arranged under this Agreement is subject to sufficient funds in the Municipal Solid Waste Disposal Account. 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 all Attachments and Exhibits. 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 agrees to give prompt written notice to PLANNING AGENCY if there is any material change in these certifications or deliverables. I Article 7. Contract Documents The Contract Documents, which comprise the entire Agreement, Budget, and all Attachments and Exhibits, 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 Solid Waste Implementation Project Contract and Attachments and Exhibits 7.2 Regional Solid Waste Grants Program Conditions. 7.3 Regional Solid Waste Grants Program Contract 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, 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. 4 Article 9. Proiect Representatives PLANNING AGENCY: South Plains Association of Governments Kelli McElhone (Printed Name) (Project Manager) PO Box 3730 'Freedom Station (Address) Lubbock, TX 79452 GRANTEE: City of Lubbock Debra Frankhauser (Printed Name) (Project Manager) PO 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. Executed on at Lubbock, Lubbock County, Texas. South Plains s 'ation of Governments (By Signature) Tim C. Pierce (Printed Name) Executive Director (Title) (Date) 5 CITY OF LUBBOCK: (By Signature) DAVID A. MILLER (Printed Name) MAYOR (Title) April 10, 200$ (Date) AT' ST: Re e ca Garza, City Secr to y APPROVED AS T ORM: Do Vandiver, ttorne of Counse It VED AS TO CONT T: LVv�-c Debra Frakrrkhouser, Manager of Collections Resolution No. 2008-RO124 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. Contract 'Price of the Agreement section above. 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 expenses, costs, or charges incurred after the termination date of this Agreement. Article 2. Purpose(s) 2.1 The City of Lubbock seeks to make their current recycling operations more efficient and provide users of the drop-off centers with resources and educational information by using message boards. To do this, , the city will purchase 2,000 recycling bins, three outdoor message boards and a 4x4 utility vehicle. The 2,000 14 -gallon blue recycling bins will be provided to residents, businesses, and university students to allow for more efficient recycling. The bins will be made available at promotional events booth exhibits neighborhood meetings, and at the Recycling Drop-off Centers. Each bin given will include an information brochure about the City of Lubbock Recycling Drop-off program. The three outdoor message boards will be located at each of the three City of Lubbock Recycling Drop-off Centers. The message boards are 42"H x 50°W, are resistant to fading and graffiti and are made of the strongest grade of recycled plastic. They will be used to communicate recycling program procedures, recycling tonnage, upcoming events, and educational recycling information. The will also educate on local and current recvclinq efforts. The utility vehicle (or similar four-wheel open cart vehicle) will be used to transport household hazardous waste (HHW) items, computer and technology items, and other materials received at the entrance of the facility to the proper storage units located within the recycling center. Using this type of vehicle will allow for the safe and efficient transfer of materials. This project will meet Goals #1 and #4 from the Regional Solid Waste Management Plan. Goal #1 is to achieve_ a reduction in waste disposal amounts at area MSW landfills in future years. Goal #4 is to assist county and local governments with pertinent educational campaigns. 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 established by SPAG or TCEQ to certify in writing the completion of all activities and deliverables (this can include a final request for reimbursement). Proof of match, including cash and in-kind, must be submitted with each request for reimbursement. The match reporting form is included in Attachment A Exhibit 3a. Required request for reimbursement forms are included in Attachment A Exhibit 3. Forms for the required progress report(s) are included in Attachment A Exhibit 4 and Exhibit 5. 3.7 Provide PLANNING AGENCY with a final Equipment Inventory Log (see Attachment A Exhibit 5). This should be submitted with the final request for reimbursement. 3.8 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. 3.8.1 The GRANTEE shall maintain books, records, documents and other evidence reasonably pertinent to performance of the work and requirements of this Agreement, including the Agreement of 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, any subgrant, or subcontract and a copy of any cost information or analysis submitted to the TCEQ. 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. 3.8.2 Records shall be maintained and made available by the GRANTEE during the performance of work under this Agreement, and for three (3) years after final payments and all other pending matters are closed. 3.8.3 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). ? Program Conditions 3.8.4 The GRANTEE agrees to the disclosure of all information and reports resulting from access to records under this Agreement. 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. 3.8.5 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: 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. 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. 3.8.6 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. 3.8.7 GRANTEE shall maintain records and documentation materials consistent with the records listed in "Guidelines Concerning Additional Documentation and Financial Monitoring Requirements". 3.8.7.1 Documents that should be maintained, as appropriate for the expense, are as follows. 3.8.7.2 SALARY/WAGES - Time sheets that have been signed and approved. Copies of canceled checks. 3.8.7.3 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. 3.8.7.4 EQUIPMENT - Purchase orders, invoices, and canceled checks. 3.8.7.5 SUPPLIES - Purchase orders (if issued), receipts, invoices, and canceled checks. 3.8.7.6 CONTRACTUAL- All of the above plus documentation that the costs were reasonable and necessary. The same standards should be applicable to subgrantees. 3.8.7.7 OTHER- All of the above apply. 3.9 If requested by South Plains Association of Governments, the GRANTEE agrees to provide to South Plains Association of Governments the additional a Program Conditions expense records and documentation materials, as listed in Section 3.8 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. 3.10 All GRANTEES shall maintain records and documentation materials consistent with the records listed in this Agreement. The GRANTEE shall also follow up on any problems identified through its financial monitoring program. 3.11 Access to records is not limited to the required retention periods. The entities designated in Section 8 shall have access to records at any reasonable time for as long as the records are maintained. 3.12 This right -of -access article applies to financial records pertaining to this Agreement and all sub -agreements and amendments. In addition, this right of access article applies to all records pertaining to this Agreement and all sub -agreements and amendments as set forth in this Section. 3.12.1 The extent the records pertain reasonably to Agreement or subcontract performance. 3.12.2 If there is any indication that fraud, gross abuse, or corrupt practices may be involved. 3.12.3 If the Agreement or subcontract is terminated for default or for convenience. 3.13 The GRANTEE agrees that all record keeping and access requirements shall be included in and applicable to all subcontracts and sub -agreements. 3.14 Adhere to the Single Audit provisions of the Uniform Grant Management Standards. 3.15 Comply with all provisions of the Americans with Disabilities Act, as amended. 3.16 Comply with all standards and policies on energy efficiency, which are contained in the Texas State Energy Conservation Plan, if applicable. 3.17 Comply with all the provisions of Article 1 of this Agreement. 4 Program Conditions 3.18 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. If funded machinery or equipment is sold, traded or disposed of, GRANTEE must immediately notify the PLANNING PARTY. 3.19 The GRANTEE shall acknowledge in any public media forum, the financial support provided to the GRANTEE by 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 (OR SUPPORTED) 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. 3.20 Take all necessary steps to prevent any adverse environmental consequences in the pursuit of the activities under this Agreement. 3.21 Immediately remedy any adverse environmental consequence resulting from the activities under this Agreement. 3.22 Maximize, to the greatest extent practicable, participation opportunities to qualified Historically Underutilized Businesses. 3.23 Notify the PLANNING AGENCYrip or to any changes in personnel whose salaries will be funded under the pass-through grant. 3.24 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 Agreement incorporates the following 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, as specified in Article 2. Purposes), 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 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 provide projects that investigate illegal dumping problems; enforce laws and regulations pertaining to the illegal dumping of 5 Program Conditions 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, excluding cleanup of scrap tire dumping sites. 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 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. This category does not include the collection, processing, and/or recycling of scrap tires. 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 and have adopted by the TCEQ a local solid waste management plan, in accordance with Subchapter D, Chapter 363, Texas Health and Safety Code, and 30 TAC Chapter 330, Subchapter O, TCEQ Rules, or to amend an existing local solid waste management plan that has been adopted by the TCEQ. Local solid waste management plans must be consistent with the goals and objectives of the 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 6 Program Conditions Governments Municipal Solid Waste regulations 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 §3301.3, TCEQ Rules. Municipal Solid Waste Transfer Stations that qualify for registration under §330.9(b)(1) through (3) or §330.11(e)(4) of the TCEQ Rules may also be funded. Other permitted or registered transfer stations may not 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. 4.1.5.1 A MSW transfer facility may be eligible for a registration if it serves a municipality with a population of less than 50,000, or a county with a population of less than 85,000, or is used in the transfer of 125 tons or less of MSW per day. 4.1.5.2 A liquid waste transfer station may qualify for a registration if it will receive less than 32,000 gallons per day. 4.1.5.3 Costs associated with operating a transfer station once it is completed may not be funded. 4.1.5.4 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, used oil and oil filters, antifreeze, lead -acid batteries, household electronic waste, and other materials. This category does not include programs and facilities for collecting, recycling, or disposing of scrap tires, except as may be an ancillary part of the overall program or facility. 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 Country 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. Program Conditions 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 All HHW collection, recycling, and/or disposal activities must be coordinated with the TCEQ's HHW program staff, and all applicable laws, regulations, guidelines, and reporting requirements must be followed. 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 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 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 The Agreement incorporates the following standards, 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. 4.2.1 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. 4.2.2 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. 8 Program Conditions 4.2.3 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 and 30 TAC 330.641, 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. 4.2.4 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. 4.2.4.1 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, 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. 4.2.4.2 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 replacement property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event such property is sold. An Equipment Inventory Log is provided in Attachment A Exhibit 5. 4.2.4.3 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. 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. 4.2.5 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 9 Program Conditions property. The South Plains Association of Governments must be notified in such instances. 4.2.6 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. 4.2.7 When, during the useful life of property acquired with grant funds under this Agreement 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. 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 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. 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. 4.2.7.1 Retain title, sell, or otherwise dispose of with no obligation to compensate the GRANTEE. 4.2.7.2 Retain title after compensating the GRANTEE. If the GRANTEE is compensated 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. 4.2.7.3 Transfer title to South Plains Association of Governments or to a third party designated/approved by South Plains Association of Governments. If the GRANTEE participated financially in the original purchase of the property, the GRANTEE may be authorized for 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. 4.2.8 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 with no 10 Program Conditions further obligation to South Plains Association of Governments. Methods used to determine per-unit fair market value must be documented, kept on file and made available to South. Plains Association of Governments upon request. 4.2.9 Pass -Through Grant Provisions. The GRANTEE shall include provisions in its pass-through grant contracts to implement and enforce the provisions of this Article. 4.3 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. I Program 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 approved amounts becoming owed under this Agreement. 1.2 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. 1.3 Addenda — written or graphic instruments issued prior to the execution of the Agreement, which clarify, correct or change the Proposal Requirements or the Agreement. 1.4 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. 1.5 Agreement — refers to the "SOLID WASTE IMPLEMENTATION PROJECT CONTRACT" 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 (including Attachment A), which may be attached to the Agreement and made a part thereof as provided therein. 1.6 Contract Documents — the contract documents are composed of the Agreement and all documents described in and incorporated into the Agreement, including Attachment A. Together, the Contract Documents form the contract between the parties. 1.7 Contract Amount — 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.) 1.8 Contract Period — the number of days or dates stated in the Agreement to complete the work so that it is ready for final payment. 1.9 Cost sharing or matching — means the value of the GRANTEE cash or in-kind contributions; the portion of the costs of the project not born by the State. 1.10 Council of Governments (COG) — a regional planning commission created under Local Government Code, Chapter 391; PLANNING AGENCY; South Plains Association of Governments (SPAG) 1.11 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. 1.12 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 is signed and delivered by the last of the two parties to sign and deliver. 1.13 Equipment — means tangible, non -expendable property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit. 1.14 Final Completion —the work is completed in the judgment of PLANNING AGENCY. 1.15 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. 1.16 Government— means a State agency or local government. 1.17 Grant — means an award of financial assistance, including cooperative Agreement, in the form of money, or property in lieu of money, by the State or PLANNING AGENCY, 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. 1.18 Grantee — GRANTEE; means the local government or other legal entity to which a grant is awarded and which is accountable to PLANNING AGENCY 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. 1.19 HUB — Historically Underutilized Business as defined by Texas law. The State Purchasing and General Services Act 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 members of certain groups including Black Americans, Hispanic American, American Women, Asian Pacific Americans and Native Americans. 1.20 Intellectual Property — (1) any and all inventions, discoveries, improvements, or creations for which copyright, trade secret, patent or other proprietary rights may be General Conditions Resolution No. 200$-R0124 GENERAL CONDITIONS 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. 1.21 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. 1.22 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 PLANNING AGENCY 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 the authority and responsibility for water quality protection or municipal solid waste management, to include river authorities. 1.23 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 Amount on the Contract Period. 1.24 PLANNING AGENCY— see Council of Governments above. 1.25 Prior approval — means documentation evidencing consent prior to incurring specific cost. 1.26 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. 1.27 Project — the total 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. 1.28 Project Representative — the 'Project Representatives/Project Managers of the PLANNING AGENCY and the GRANTEE are designated in Article 9. Project Representatives. 1.29 Real property — means land, including land improvements, structures and appurtenances thereto, excluding movable machinery and equipment. 1.30 Regional Solid Waste Grants Program — the program established to utilize funds dedicated under Texas Health and Safety Code, 361.414, for local and regional solid waste projects and to update and maintain regional solid waste management plans. 1.31 State — means the State of Texas 3 General Conditions 1.32 Sub GRAN TEE/Subcontractor — an individual, firm, or corporation having a direct contract with GRANTEE for the performance of a part of the work for a price. 1.33 Subgrant— 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/subcontractor. 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". 1.34 Supplies — means non -construction related costs for goods and materials costing less than $1,000, with useful life of less than one (1) year 1.35 Termination — means permanent withdrawal of the authority to obligate previously - award grant funds before that 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 unobligated balance in a prior period; (2) withdrawals of the unobligated 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. 1.36 Terms of a grant or sub -grant — means all requirements of the grant or sub -grant, whether contained in statutes, regulations, or the Agreement. 1.37 TCEQ — means the Texas Commission on Environmental Quality. 1.38 Work — means the entire completed services of the various separately identifiable parts thereof required to be furnished under the Agreement. Work includes and is the result of performing or furnishing labor, services, materials or equipment as required by the Agreement. Article 2. Sub'ective Fundin 2.1 It is the understanding of the parties that the source of the funds provided in this Agreement is the Solid Waste Disposal and Transportation Revenue Fees, as proscribed in Texas Health and Safety Code Chapter 363.013. 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 MSW Disposal Account will be depleted or reduced prior to completion of this Agreement. The parties agree that all funding arranged under this Agreement is subject to sufficient funds in the MSW Disposal Account. 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, 4 General Conditions 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. Sub -grantees, 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, the 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. 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 783.001 applies to this Agreement, all amendments thereto, and all subcontracts and sub -agreements. Compliance with the conditions and requirements contained therein is necessary for the satisfactory performance of the services and work required under this Agreement. General Conditions Safety and Protection 3.9 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 3.10 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 3.11 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. Hazardous Substances, Waste Disposal and Manifests 3.12 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 3.13 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. 3.13.1 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 3.14 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 3.15 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 sub -grantees by evaluation and comparison of price, quality of 6 General Conditions goods or services and past performance. All sub -grants awarded under this Agreement shall be in accordance with Subpart C, Sec. 36, of the Uniform Grant Management Standards. 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. 4.1.7 Terminate the contract, demand and receive return of all equipment purchased of contract funds, return of all unexpended funds, and repayment of expended funds. If the PLANNING AGENCY evaluation finds GRANTEE's performance to be substandard, PLANNING AGENCY may provide its written evaluation report to other governmental entities at any time. PLANNING AGENCY may also provide its written evaluation report to the public as authorized by law. Cumulative Remedies 4.2 PLANNING AGENCY may avail itself of any remedy or sanction provided in this Agreement or in law to recover any losses rising from or caused by the GRANTEE's substandard performance or any non -conformity with the Agreement or the law. The remedies and sanctions available to PLANNING AGENCY in this Agreement shall not limit the remedies available under law. 4.3 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the Schedule of Remedies, obligations imposed upon GRANTEE by these General Conditions, and all other rights and remedies available to PLANNING AGENCY thereunder, are in addition to, and are not to be in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or 7 General Conditions available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Agreement, and the provisions of this paragraph will be as effective as if repeated specifically in the Agreement in connection with each particular duty, obligation, right and remedy to which they apply. Article 5. Fuss -Through Grant Agreements 5.1 The Pass -Through Grant Agreement (called Agreement) includes requirements for the GRANTEE to document the results of the grant -funded project and to provide those results to the South Plains Association of Governments for use in evaluating program effectiveness and for providing regional results information as required under this Agreement. The results reporting documentation and reporting requirements shall cover reporting on results during the term of the grant agreement, with additional provisions for the GRANTEE to agree to continue to document, as appropriate to the type of project, the results of the project activities for the life of the program or activity. The GRANTEE shall further agree to provide the South Plains Association of Governments with follow-up results information in a report to South Plains Association of Governments, as requested. Results report forms are included in Attachment A Exhibits 4 and 6. The Agreement also 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 (this can include a final request for reimbursement), the satisfactory completion of all activities and deliverables required under the Agreement. The GRANTEE must also submit proof of match with each request for reimbursement. The match reporting form is included in Attachment A Exhibit 3a. 5.2 The Agreement includes provisions and requirements necessary to implement the financial administration procedures set forth in the Agreement. 5.3 The 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. See Attachment A Exhibit 2. 5.4 The Agreement incorporates the supplemental funding standards set forth in this Agreement. 5.5 The 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 Agreement. 5.5.1 Changes in personnel whose salaries will be funded under the 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, the GRANTEE shall 8 (general Conditions 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 Agreement. 5.6 The South Plains Association of Governments may authorize indirect costs under an agreement with the 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. 5.7 The 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 Agreement includes a defined work program to include specific tasks and delilverables, with a concise schedule for completing the tasks and providing the deliverables. See Attachment A Exhibit 1. 5.9 Grant Administration. The GRANTEE shall administer the 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 grant under this Agreement, the GRANTEE shall also follow the procedures set forth in this Section. 5.9.1 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. 5.9.2 SPAG shall conduct as least one site 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. 5.10 Financial Administration and Payments/Match Reporting. 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 incurred and were reasonable and necessary to the project. SPAG shall adhere to the specific standards and requirements set forth in this Section and 9 General Conditions in the UGMS, except that the requirements and processes may be more stringent than what is set forth in this Section. 5.10.1 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, incurred costs. No payments will be made in advance. To be eligible for reimbursement under this Agreement, a cost must have been incurred and paid by the GRANTEE prior to claiming reimbursement from SPAG. SPAG shall reimburse the GRANTEE only for expenses incurred during the term of the Agreement. Costs must be incurred before the termination date of this Agreement (July 31, 2008). The GRANTEE is not eligible to receive project fund reimbursement until May 1, 2008. Payment will not occur before that date. The payment schedule will be as follows for the GRANTEE: May 1, 2008: 30% of eligible costs June 1, 2008: 30% of eligible costs July 1, 2008: 40% of eligible costs 5.10.2 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. 5.10.3 The GRANTEE shall utilize the reimbursement request forms provided by SPAG. The required forms are included under Attachment A Exhibit 3. These forms, along with invoices, receipts and cancelled checks, should be submitted to SPAG for reimbursement. Reimbursements will not be processed until all required paperwork is received by SPAG. The GRANTEE should submit match documentation with each request for reimbursement submitted to SPAG. The required match reporting forms are included under Attachment A Exhibit 3a. 5.10.4 SPAG shall review all request for reimbursement materials provided by GRANTEE and shall not make a reimbursement payment unless all required items have been provided and are deemed to be accurate 5.10.5 SPAG will not reimburse or otherwise make payment to GRANTEE for an expenditure that is not authorized under this Agreement. If it is determined by SPAG that an expenditure that was reimbursed is not an authorized expense, SPAG 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. 5.11 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 10 General Conditions under this Agreement shall be in accordance with the supplemental funding standards set forth in this Article. 5.11.1 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. 5.11.2 Land Acquisition Costs. Funds provided under this Agreement may not be used to acquire land or an interest in land. 5.11.3 Municipal Solid Waste -Related Programs Only. Funds provided under this Agreement may not be used for programs dealing with wastes that are not considered municipal solid waste (MSW), including programs dealing with industrial or hazardous wastes. 5.11.4 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. 5.11.5 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. 5.11.6 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. 5.11.7 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 received before that project can be selected for funding. I I General Conditions 5.11.8 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. 5.11.9 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. 5.11.10 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. 5.11.11 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. 5.11.12 Funds to Law Enforcement Agencies. Funds may not be provided to any law enforcement agency regulated by Chapter 1701, Texas Occupations Code, unless: a) the law enforcement agency is in compliance with all rules on Law Enforcement Standards and Education, or b) the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. 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, unless specifically legislated otherwise. 6.2 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, TX GOVT CODE, Section 552 ("Act"). Upon termination of this Agreement, all copies of data and information shall become the joint property of the State Agency and GRANTEE. 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 databases 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. 12 General Conditions Article 7. Indemnification The grantee agrees to hold harmless SPAG and TCEQ, and any of its directors, officers, agents, employees, and attorneys, from and against any and all claims, 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 Agreement. 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 Agreement in whole or in part if the grantee: 9.1.1 Fails to perform any of the Grantee Responsibilities as set forth in Article 3. Grantee's Responsibilities, 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 Agreement may be exercised if the grantee does not cure any default within ten (10) days after receipt of notice from the PLANNING AGENCY. 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 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. 14.1 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 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, TCEQ hereby reserves a nonexclusive, royalty -free and 13 General Conditions irrevocable license to use, publish, or reproduce the intellectual property for sale or otherwise, and to authorize others to do so. TCEQ 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 under this Agreement in the course of which Intellectual Property may be produced or acquired. Article 11. Assignment. This Agreement shall not be assignable by GRANTEE without the prior written consent of South Plains Association of Governments. Article 12. Successors and Assignees This Agreement shall be binding on any successors and assignees of the respective parties to this Agreement. 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 Grant Agreement Contract #582-8-86700 with the 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, 2008, 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 14 General Conditions for this project and the depletion of funds in the Municipal Solid Waste Disposal Account. 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. 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 described 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 the timetable by which the GRANTEE intends to 15 General Conditions implement these measures. The party seeking relief shall also provide 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 12. Entire Aqreement. 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. 16 General Conditions ATTACHMENT A Exhibit 1 Work Program Resolution Pio. 2008-RO124 Attachment A GRANTEE Work Program PROJECT GOAL STATEMENT The City of Lubbock proposes to make their current recycling operations more efficient and provide users of the drop-off centers with resources and educational information by using message boards. To do this, the city will purchase 2,000 recycling bins, three outdoor message boards and a 4x4 utility vehicle. The 2,000 14 -gallon blue recycling bins will be provided to residents, businesses, and university students to allow for more efficient recycling. The bins will be made available at promotional events, booth exhibits, neighborhood meetings, and at the Recycling Drop-off Centers. Each bin given will include an information brochure about the City of Lubbock Recycling Drop-off program. am. The three outdoor message boards will be located at each of the three City of Lubbock Recycling Drop-off Centers. The message boards are 42"H x 50"W, are resistant to fading and graffiti, and are made of the strongest grade of recycled plastic. They will be used to communicate recycling program procedures, recycling tonnage, upcoming events, and educational recycling information. The will also educate on local and current recycling efforts. The utility vehicle (or similar four-wheel open cart vehicle) will be used to transport household hazardous waste (HHW) items, computer and technology items, and other materials received at the entrance of the facility to the proper storage units located within the recycling center. Using this type of vehicle will allow for the safe and efficient transfer of materials. This project will meet Goals #1 and #4 from the Regional Solid Waste Management Plan Goal #1 is to achieve a reduction in waste disposal amounts at area MSW landfills in future years. Goal #4 is to assist county and local governments with pertinent educational campaigns. Schedule of Deliverables from GRANTEE Tasks Description tion of Deliverables Schedule (Completion Date Phase I - Planning 1 Identify Project Representative 1 Coordinator 2 Evaluate Needs Phase II & III - Contract Exec utionllmplementation 3 Execute Contract with Officials & SPAG 1212006 4 Finalize Specifications 1 Design Project 112007 5 Advertise for Bids 1/2007 6 Purchase Equipment/ Construct Facilities 2/2007 7 Receive Equipment f Complete Construction or Project 3/2007 8 Operate Equipment / Facility or Implement Project 4/2007-7/2007 9 Publicity and Education As required 10 Submit Request for Reimbursement and Match Paperwork By 7131/08 Phase IV - Monitoring and Reporting 11 Maintain Adequate Records as Required Continuous 12 Reports to SPAG As required Attachment A ATTACHMENT A Exhibit 2 Program Budget Resolution No. 2008-RO124 Attachment A Program Budget Equipment: Kawasaki Mule utility vehicle Other: 2,000 plastic recycling bins $12,600 3 message centers $3,636 Match: Coverage for overages and unanticipated expenses associated with the grant or to fund additional recycling programs; money spent on public education, advertising and promotion for recycling and waste reduction programs Attachment A Budget Categories FY '08 Budget a. Personnel 1 Salaries b. Fringe Benefits c. Travel d._Supplies e. Equipment 8,799.00 f. Construction g. Contractual h. Other 16,236.00 i. ITotal Direct Sum a - h $25,0.35.00 j. Indirect Costs k. Total Sum i & $25,035.00 I. Match Amount $68,824 Equipment: Kawasaki Mule utility vehicle Other: 2,000 plastic recycling bins $12,600 3 message centers $3,636 Match: Coverage for overages and unanticipated expenses associated with the grant or to fund additional recycling programs; money spent on public education, advertising and promotion for recycling and waste reduction programs Attachment A ATTACHMENT A Exhibit 3 Request for Reimbursement Forms Attachment A INSTRUCTIONS FOR SUBNIITTING REQUESTS FOR PAYMENT SPAG will only make payments to grant recipients on a reimbursement for expenses basis. SPAG will not reimburse any expenditures for a grant until it has reviewed the documentation provided by the grant recipient and is satisfied that an expenditure is authorized, appropriate, and sufficiently documented. The attached forms are the required format that SPAG will use to receive requests for reimbursement from grant recipients under this Agreement. The following forms are required when submitting requests for payment: •:• Request for Funds Summary Cover Page ❖ Form PT -F 1 ❖ Form PT -F2 Please submit copies of invoices, receipts, canceled checks and other appropriate documentation of expenses, for items for which you are requesting reimbursement. Attachment A Request for Funds Summary Cover Page Locality: Project M Reporting Period: Item Description TOTAL REQUEST Amount Check Paid To: Check Check Check # Date Attached Item In Original Project Description $ YIN YIN $ YIN YIN $ YIN YIN $ YIN YIN $ YIN YIN $ YIN YIN $ YIN YIN $ YIN YIN $ YIN YIN $ YIN YIN $ YIN YIN $ YIN YIN $ YIN YIN $ YIN YIN *This form must be submitted with each request for reimbursement. Payments will not be processed without this form. Sample: Request for Funds Summary Cover Page Locality: City ABC Project #: 123-456 Reporting Period: January 1st— January 3151 Item Description Utility trailer Labor (see attached timesheet) Postage TOTAL REQUEST Amount Check Paid To: Check # $15,000 ABC Truck & Trailer 1234 $2,100 John Smith 1235 $150 U.S. Postal Service 1236 $17,250 Check Check Date Attached 1115108 N 1131108 ®IN 1110108 1�IN Item In Original Project Description Attachment A INSTRUCTIONS FOR FORM PT -F1 and PT -F2 Form PT -F1 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. Form PT -F2 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 2008/2049 REGIONAL SOLID WASTE GRANT PASS-THROUGH GRANT RECIPIENT REQUEST FOR FUNDS FORM PT- F1 1. From: (Grantee) (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? S. Net (subtract item 5 from item 7): 9. Amount requested: 10. Submitted by: Printed Name of Certifying Official 2. Date: 3. Contract/Project Number: TO BE COMPLETED BY PAYING AGENCY Agency Approvals: Signature Date Signature Date Date Attachment A FY 2008/2009 REGIONAL SOLID WASTE GRANTS PROGRAM 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: Accrual 7. TOTAL GRANT PERIOD: FROM: TO: 8. PERIOD COVERED BY THIS REPORT: FROM: 9. BUDGET CATEGORIES Total Budget Project Cost Cumulative Total This Re ort1 Project Cost Balance a. Personnel / Salaries b. Fringe Benefits c. Travel d. Supplies e. Equipment f. Contractual g. Construction h. Other i. Total Direct Sum a -h j. Indirect Charges k. Total Sum of i I hist (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 FY 2008/2009 REGIONAL SOLID WASTE GRANTS PROGRAM ITEMIZATION OF PERSONNEL/SALARIES AND TRAVEL COSTS - SUPPLEMENTAL FORM F2 -A PERSONNEL/SALARIES EXPENDITURES (during this report period) EMPLOYEE NAME TITLE/POSITION SALARY THIS PERIOD COST THIS PERIOD TOTAL PERSONNEL/SALARY EXPENDITURES {Must agree with line 9a on Form PT- TOTAL TRAVEL EXPENDITURES Must agree with line 9c on Form PT -172 F 2 $O A0 TRAVEL EXPENDITURES (during this report period) DESCRIPTION REASON COST THIS PERIOD TOTAL TRAVEL EXPENDITURES Must agree with line 9c on Form PT -172 $0.00 Supplemental documentation (timesheets, 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 2045/2009 REGIONAL SOLID WASTE GRANTS PROGRAM ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS SUPPLEMENTAL FORM F2-13 EQUIPMENT PURCHASES (during this report period) NUMBER PURCHASED ITEM DESCRIPTION UNIT COST TOTAL COST TOTAL CONTRACTUAL EXPENDITURES(Must agree with line 9f on Form PT -F2 TOTAL EQUIPMENT EXPENDITURES Must agree with dine 9e on Form PT -F2 $0.00 CONTRACTUAL EXPENDITURES (during this report period) SUBCONTRACTOR (NAME) FOR TOTAL COST TOTAL CONTRACTUAL EXPENDITURES(Must agree with line 9f on Form PT -F2 $0.00 Legible receipts must be attached to this form for each listed item or expenditure. ATTACH ADDITIONAL SHEETS, IF NEEDED Attachment A FY 2008/2009 REGIONAL SOLID WASTE GRANTS PROGRAM ITEMIZATION OF CONSTRUCTION COSTS SUPPLEMENTAL FORM F2 -C CONSTRUCTION COSTS (during this report period) DESCRIPTION PURPOSE TOTAL COST TOTAL CONSTRUCTION EXPENDITURES (Must agree with line 9g on Form PT - F2) $0.00 Legible receipts must be attached to this form for each listed item or expenditure. ATTACH ADDITIONAL SHEETS, IF NEEDED Attachment A FY 2008/2009 REGIONAL SOLID WASTE GRANTS PROGRAM ITEMIZATION OF SUPPLIES AND OTHER COSTS SUPPLEMENTAL FORM F2-1) 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 SO -0011 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 $0.00 Legible receipts must be attached to this form for each listed item or expenditure. ATTACH ADDITIONAL SHEETS, IF NEEDED Attachment A ATTACHMENT A Exhibit 3a Match Reporting Forms Attachment A Match Summary Cover Page Locality: Project #: Reporting Period: Item Description Amount $ $ $ $ $ TOTAL MATCH REPORTED $ Check Paid To: Check # Check Check Date Attached YIN YIN YIN YIN YIN YIN YIN YIN YIN YIN YIN YIN YIN YIN Item Used For: Attachment A Construction Time Distribution Sheet Project #: Locality: Project Description: Week of - Employee Name Job Classification Activity Performed M T W T F S S Total Hours Hourly Rate Total Cost TOTAL EQUIPMENT COSTS: NOTE: 1) Trucks used for transport of people must be based on rate per mile. 2) Standby equipment costs are not eligible. Equipment must be in actual operation to be eligible. TOTAL PERSONNEL COSTS: Equipment (type, size, & FEMA code) Operator M T W T F S S Total Hours x FEMA Rate Total Cost TOTAL EQUIPMENT COSTS: NOTE: 1) Trucks used for transport of people must be based on rate per mile. 2) Standby equipment costs are not eligible. Equipment must be in actual operation to be eligible. Materials Qty Unit Total SUMMARY COST Price Cost Personnel Equipment Materials TOTAL COSTS: TOTAL MATERIAL COSTS: CERTIFICATION: I certify the above named employees on the City/County payroll, the equipment, and the materials were utilized on the dates stated to complete construction activities on the Texas Community Development Program. Activities, times, dates, and amounts are correct to the best of my knowledge. Signature Date: *This form should be used to show your calculations for in-kind work. Your total from this report will be shown on the Match Summary Cover Page. A copy of this form shouldalso be submitted. Attachment A ATTACHMENT A Exhibit 4 FY2008/2009 Results Report Attachment A FY 2008/2009 REGIONAL SOLID WASTE GRANT Results Report Form 10a: Local Enforcement Reporting Parameter Cumulative FY 2008/2009 Results Total amount of grant funding $ Total number of illegal dumping sites investigated Number of Class C misdemeanor sites investigated (5 lbs or less) Number of Class B misdemeanor sites investigated (5 -500 lbs.) Number of Class A misdemeanor sites investigated (500 - 1000 lbs.) Number of Felony sites investigated (1000 lbs. 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 S 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 cameras) purchased: Number of days camera(s) were used Education & Training COMD©nent 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 200812009 REGIONAL SOLID WASTE GRANT Results Report Form 14b: Litter/Illegal Dumping Cleanup & Community Collection Event Reporting Parameter Cumulative FY 200812009 Results Amount of grant funding applied toward education/training activities Total grant funding amount $ Total number of participants/volunteers: Total number of persons involved in education/training events For community collection events: Total number of individual collection events held Total of all items distributed related to education/training events (e.g., brochures, fliers, manuals, freebies, etc.) Total amount of waste collected for disposal (in tons) Total number of mass media activities (e.g., press releases, PSAs, billboards or signs, etc.) Total amount of materials diverted for recycling/reuse (in tons) Estimated total number of people reached through mass media activities 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 2008/2009 REGIONAL SOLID WASTE GRANT Results Report Form 10c: Source Reduction & Recycling Reporting Parameter Cumulative FY 2008/2009 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 ofmaterials diverted) S Average monthly disposal costs avoided $ F,ducation & Training Comnonent 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 2008/2009 REGIONAL SOLID WASTE GRANT Results Report Form 10d: Local Solid Waste Management Plans Reporting Parameter Cumulative FY 2008/2009 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 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 2008/2009 REGIONAL SOLID WASTE GRANT Results Report Form 10e: Citizens' Collection Stations and "Small" Registered Transfer Stations Reporting Parameter Cumulative FY 2008/2009 Results Total grant funding amount S 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 S 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 S 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 2008/2009 REGIONAL SOLID WASTE GRANT Results Report Form 10f. Household Hazardous Waste Management Reporting Parameter Cumulative FY 2008/2009 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 S Total cost of tire contractor services S Total cost of electronics materials contractor services S 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 S 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 200812009 REGIONAL SOLID WASTE GRANT Results Report Form 10g: Technical Studies Reporting Parameter Cumulative FY 200812009 Results Grant funding amount S 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 Cpmnonent Reporting Parameter Results Amount of grant funding applied toward education/training activities S 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 2008/2009 REGIONAL SOLID WASTE GRANT Results Report Form 10h: Education and Training (stand alone project) Reporting Parameter Cumulative FY 2008/2009 Results Total grant funding amount for stand-alone education/training grant $ Total of all educationAraining 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 2008/2009 REGIONAL SOLID WASTE GRANT Results Report Form 10i: Other- (include project name) Note: For use with other projects that may be 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 2008/2009 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: 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 1-112" (mechanically broken) 1800 Furnace ready, less than 114" 2700 METAL Aluminum Cans Whole 60 Flattened 200 Baled 350 Densified 1080 Shreds 400 Steel (Tin) Cans Whole 150 1/3 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 PROCESSING POUNDS PER CUBIC YARD PAPER Newspaper Loose 430 Loose, stacked 600 Baled 650 Baled, horizontal, single ram 700 Baled, horizontal, double ram 800 Corrugated Containers Loose t00 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 E -Waste CPUs 20 - 40 lbs. ea. Hard Drives 1 lb. ea. Keyboards 2 lbs. ea. Laptops 5 — 12 lbs. ea. Monitors 15 — 35 lbs. ea. Printers 35 — 100 tbs. ea. Speakers 3 lbs. ea. MATERIAL LEVEL OF POUNDS PER PROCESSING 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 To get volume in cubic yards: 27 cubic feet = 1 cubic yard Divide the number of cubic feet by 27 46656 cubic inches = 1 cubic yard Divide the number of cubic inches by 46656 One Gaylord box (40x48x36) = 1.48 cubic yards Multiply number of Gaylord boxes by 1.48 One 55 -gallon barrel = 0.27 cubic yard Multiply number of 55 -gallon barrels by 0.27 ATTACHMENT A Exhibit 5 Equipment Inventory Log Attachment A EQUIPMENT INVENTORY LOG Locality Date: Project # Project Equipment Description Serial # Cost Purchase Still in use Category Date disposition *Use this form to maintain an inventory log of all items purchased through grant funds. TCEQ requires SPAG to report information from this form. Attachment A ATTACHMENT A Exhibit 6 Follow-up Results Report This form will be provided by SPAG at a later date. Attachment A ATTACHMENT A Exhibit 7 Uniform Grant Management Standards Attachment A Renclution No. 200$-80124 UNIFORM GRANT MANAGEMENT STANDARDS You are required to follow the Uniform Grant Management Standards, Governor's Office of Budget and Planning. Please refer to the following website to obtain a copy of the guidelines: GOVERNOR'S OFFICE OF BUDGET AND PLANNING (As Adopted June 2404) Rick Perry Governor http://www.goyemor.state.tx.us)'divisions/stategants/guidelines Phone Number: 512463-8465 Attachment A Agenda Item #.## Consider a resolution authorizing the Mayor to execute a contract and all related documents with South Plains Association of Governments (SPAG), related to the 2008 Solid Waste Grant Programs and Contract Number 582-8-86700. The City has been awarded a grant totaling $25,035 in funding. Grant funds will be used to purchase equipment for the City of Lubbock recycling programs. The Council gave approval to apply for the grant at the January 10, 2008 council meeting (item 5.12 — Resolution No. 2008-R0009). Item Summary HB 3072 mandates that the Texas Commission on Environmental Quality (TCEQ) return to local governments a portion of the state surcharge ($1.25 per ton) collected on landfill tipping fees. The funds are apportioned to the Council of Governments (COG) based on a formula that includes, but is not limited to, population, need, and number of counties in the COG area. The COG then conducts a competitive grant application process to address the needs of their specific region. This year, South Plains Association of Governments (SPAG) has $165,000 available for pass-through implementation projects. The SPAG Solid Waste Advisory Committee has chosen to limit each single -jurisdiction award to a maximum of $58,000. The City of Lubbock Solid Waste Department's 2008 grant application totaled $25,035. Approved grant funding will be used to purchase equipment and supplies for the recycling drop-off centers and for other recycling programs. The specific equipment items to be purchased under the Grant Project number 08-02-G01 are as follows: • Two thousand (2,000) 14 -gallon blue recycling bins to be provided to residents, businesses, and university students to allow for more efficient recycling. Estimated cost is $12,600. • Three outdoor message boards to be located at each permanent City of Lubbock Recycling drop-off Center to be used to communicate recycling program procedures, recycling tonnage, upcoming events, and local and current recycling efforts. Estimated cost is $3,636. • One utility vehicle or similar four-wheel open cart vehicle to be used at the Southside drop-off location, 1631 84th Street, for transporting household hazardous waste (HHW) items, computer and technology items, and other materials received at the entrance of the facility, to the proper storage units located within the recycling center. Using this type of vehicle will allow for the safe and efficient transfer of materials. Estimated cost is $8,799. Fiscal Impact The only impact on the operating budget will be the operating and maintenance cost of the equipment which will be minimal. Staff SubmittingfRecommendation ,lames W. Loomis, Transportation and Public Works Assistant City Manager. Staff recommends approval. City Council Meeting