ALAMO AREA COUNCIL OF GOVERNMENTS SOLID WASTE INTERLOCAL AGREEMENT The Texas Natural Resource Conservation Commission has certified that it has the authority to contrail with the Alamo Area Councl of Govemments by authority granted in the Current Appropriations Ail; Texas Water Code, section 5.229 and Texas Health and Safety Code, Chapter 371. Funds for this sub-grant are provided from the Solid Waste Disposal Fund. The AACOG has certified, and the SUBCONTRACTOR certifies that it has authority to perform the services contrailed for by authority granted in "The Interlocal Cooperation Ail,° Texas Govemment Code, Chapter 791. This Solid Waste Interlocal Agreement is entered into by and between the parties named below. Neither TNRCC nor the State of Texas is a party to this agreement. I. CONTRACTING PARTIES: The Council of Govemment: Alamo Area Council of Govemments (AACOGI Kerr Countv # 99-18-G08 The Subcontractor. Contract # II. SERVICES TO BE PERFORMED: Fde4~~f~yGi AB.1~8 i1MEg:9bM'~ gBILLE 0 MEEKER Berk Countyy Coon. Kerr County, Texee gy; '(Y~an ~Y See "Attachment B -Work Program of SUBCONTRACTOR" See "Attachment C -Schedule of Deliverables from SUBCONTRACTOR" III. BUDGET AND PAYMENT PROCEDURES: See "Attachment D -Budget and Authorizations" Off, ~i ~ IV. ADDITIONAL CONTRACT PROVISIONS: ~ ~~G See "Attachment A -Special Contract Provisions & Attachment E '~ ~~ General Contrail Provisions" COUNCIL OF GOVERNMENT Alamo Area Council of Govemment AI J. No on III Executive Director Date:~~~~ SUBCONTRACTOR Kerr County dge Date: Alamo Area Council Of Govemments Alamo Area Council of Governments Solid Waste Interlocal Agreement Table of Contents Attachment A. Speaal Contrail Provisions Article 1 Period of Performance Artice 2 Scope of Services Article 3 AACOG Obligations Article 4 Reporting Requirements Artice 5 Monitoring Requirements Article 6 TitleTo and Management of Equipment and Constructed Faalities Article 7 Compliance with Applicable Laws Article 8 Authorized Representatives Attachment B. Work Program of SUBCONTRACTOR Attachment C. Schedule of Deliverables from SUBCONTRACTOR Attachment D. SUBCONTRACTOR Budget and Authorizations Article 1 Expense Category Standards Article 2 Supplemental Funding Standards Article 3 SUBCONTRACTORS Authorized Budget Attachment E. Genera Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 22 I Contrail Provisions Legal Authority Scope of Services Purpose Eligible Entities Implementation Project Categories Insurance and Liability AudiUAccess to Records Independent Financial Audit Amendments to Contrail Termination of Contract Severability Data and Publicity Intellectual Property Energy Efficiency Standards Identification of Funding Sources Dispute Resolution Orai and Written Contracts Americans with Disabilfties Act (ADA) Utilization of Small, Minority, and Women's Business Enterprises Force Majeure Entire Contract Attachment F. Monitoring and Reimbursement Forms Alamo Area Council Of Governments 2 Alamo Area Council of Governments Solid Waste interlocal Agreement Special Contract Provisions Attachment A Article 1 Period of Performance The period of performance of this Solid Waste Interfocal Agreement (hereafter, the Contract) begins on the date that it is executed and ends on September 1, 2000. The SUBCONTRACTOR has twelve (12) months from the day the Contrail is executed to complete the tasks as shown in Attachment B of this Contract. Article 2 Scope of Services All parties agree that the SUBCONTRACTOR, in consideration of compensation hereinafter described, shall provide from Kerr County, as specifically described in the Special and General Provisions of this Solid Waste Interlocal Contract, the services of (1) enforcing laws against illegal dumping and causing removal of solid waste illegally dumped in Kerr County, (2) conducting surveillance of dumping locations, (3) initiating education programs on illegal dumping and (4) increasing citizen awareness. The SUBCONTRACTOR agrees to implement the Project according to the agreed upon budget of $46,219.19 as detailed in Attachment D Article 3 of this Contract. Failure on the part of the SUBCONTRACTOR this Contract shall be the basis for termination unexpended or inappropriately expended funds. to comply with the conditions set forth in of the Contract and/or revocation of any Article 3 AACOG Obligations (a). Measure of Liability In consideration of full and satisfailory performance hereunder, AACOG will be liable to SUBCONTRACTOR in an amount equal to the ailual costs incurced by SUBCONTRACTOR in rendering such performance, subject to the following limitations: AACOG is not liable for expenditures made in violation of the Authorized Budget and funding guidelines in Attachment D, which outline the standards which shall apply to the SUBCONTRACTOR'S use of funds provided under this Contract, including prohibited activities and expense categories as defined by the TNRCC. AACOG is not liable for any costs incurred by SUBCONTRACTOR in the performance of this Contract which have not been billed to AACOG within thirty (30) days following termination of this Contrail. Alamo Area Council Of Govemments 3 3. AACOG is not liable to SUBCONTRACTOR for costs incurred or performance rendered by SUBCONTRACTOR for costs incurred by SUBCONTRACTOR before commencement of this Contract or after termination of this Contract. 4. Except as specifically authorized by AACOG in writing, AACOG is liable only for expenditures made in compliance with the cost prindples and administrative requirements set forth in Federal OMB Circular A-87. (b). Additional Documentation and Financial Monitoring Program 1. Financial Monitoring Program. The SUBCONTRACTOR will adhere to the following finanaai monitoring requirements in order to receive reimbursement for authorized expenditures and to ensure that the expenditures incurred were reasonable and necessary to the project. (i) Payments to the SUBCONTRACTOR will be made only on a reimbursement basis. To receive reimbursement the SUBCONTRACTOR must submit the following: • Form PT-Ft as found in Attachment F of this Contract Forth PT-F2 as found in Attachment F of this Contract • Supplemental Forms F2-1 through F2-4 (when appropriate) as found in Attachment F of this Contract • Copies of checks • Invoices List of bid responses for purchases over $3,000 up to $15,000 • Copy of RFP and list of RFP responses (it applicable) (ii) The SUBCONTRACTOR must provide AACOG with a copy of the SUBCONTRACTORS Purchasing Policy in order for AACOG to determine that the Purchasing Policy is being adhered to by the SUBCONTRACTOR. H the SUBCONTRACTOR does not have a Purchasing Policy in place, the SUBCONTRACTOR must adhere to the AACOG Purchasing Policy as shown below: (a). Telephone Bids (Purchases over $20 up to $500): Purchases over $20 but less than $500 (including freight and other applicable charges) require a telephone bid. (b). Competitive Telephone Bids (Purchases over $500 up to $f,000): All purchases with an expenditure over $500 but less than $1,000 (including freight and other applicable charges) require competitive telephone bids. A minimum of three (3) bids are required for all purchases not already covered by a bid contract or which are not sole source items. At least one (f }quotation will be obtained from a Historically Underutilized Business (HUB) whenever possible. (c). Competitive Written Bids Alamo Area Council Of Governments 4 1. Purchases over $1,000 up to $3,000: All purchases with an expenditure over $1,000 but less than $3,000 (including freight and other applicable charges) require competitive written bids. A minimum of three (3) written bids are required for all purchases not already covered by a bid contrail or which are not sole source items. At least one (1) quotation wiN be obtained from a Historically Underutilized Business (HUB) whenever possible. A request for bid which includes the quantity and description of the item(s) requested, delivery instructions, if awarded, and the date and time bids are to be received by the AACOG, is either faxed or mailed to vendors. Vendors can either fax or mail the written quotation by the designated date and time. Late bids will not be considered in the award derision. Bidders submitting a late bid will be notified as soon as possible. 2. Purchases over $3,000 up to $15,000: All purchases with an expenditure over $3,000 but less than $15,000 (including freight and other applicable charges) require competitive written bids. The same procedures as outlined in item (1) above will be followed. (d). Competitive Sealed Bids (Purchases over $15,000): The AACOG is required by state law to use the public bidding process for purchases over $15,000. (e). Sole Source Purchases: These are purchases available from only one supplier. These purchases do not require bidding, but every effort is made to determine that the item is actually obtainable from only one source. Sole source purchases should be kept to a minimum. (f). Purchasing on State Contrail: The General Services Commission (GSC) is the central purchasing agency for the State of Texas. According to Section 271.081-271.083 of the Texas Locat Government Code, the AACOG is not required to obtain competitive bids for items that are on contrail with the General Services Commission. Because the GSC purchases in large quantities through a state cooperative purchasing program, prices are generally lower than retail. However, AACOG is not required to purchase through the state contract if lower prices can be obtained elsewhere. (g). Purchases through the Texas Department of Corrections: AACOG is not required to obtain competitive bids for items that are purchased through the Texas Department of Corrections. (iii) The SUBCONTRACTOR is allowed to account for expenses incurred and request reimbursement of outlays under either a cash or an accrual basis, as defined and authorized under the UGCMA. To be eligible for reimbursement under this Contract, a cost must have been incurred and either paid by the SUBCONTRACTOR prior to claiming reimbursement from the AACOG or incurred by the last day of the time period indicated Alamo Area Council Of Governments 5 on a request for reimbursement form and liquidated no later than forty-five (45) days after the end of that time period. (iv) The AACOG will review all materials provided by the SUBCONTRACTOR with a request for reimbursement (Forms PT-Ft and PT-F2), and will not make a reimbursement payment unless all required items listed under Article 3 (b) 1 of this Attachment have been provided and are deemed to be acxurete. (v) The AACOG shall reimburse or otherwise make payment to the SUBCONTRACTOR only for expenses incurred during the term of the Contract between AACOG and the SUBCONTRACTOR ,the tens of which may not be outside of the tens of this Contrail. (vi) The AACOG will not reimburse or otherwise make payment to the SUBCONTRACTOR for an expenditure that is not authorized under this Contract. if R is determined by either the AACOG or the TNRCC that an expendfture that was reimbursed is not an authorized expense, the AACOG shall request return and reimbursement of those funds from the SUBCONTRACTOR or, where appropriate, the application of those funds to other authorized expenses, and shall not provide additional reimbursements to the SUBCONTRACTOR until the funds are returned or are applied to other authorized expenses. 2. Documentation required. In general, expenditure documentation to be maintained by the SUBCONTRACTOR should be whatever is necessary to show that the work was indeed performed and that the expense was, in fact, incurred. In addition, the documentation should also support the fact that the expenditure was reasonable and necessary to this Contract. Documents that should be maintained, as appropriate for the expense, include but are not limited to the following: (a) Salary/Vllages -Time sheets that have been signed and approved. (b) Travel -Documentation which, at a minimum, is consistent with State Travel Regulations. The purpose of the travel should be documented and supported wfth actual receipts for hotel axommodations, public transportation receipts, airline receipts, etc. (c) Equipment -Purchase orders, invoices, and canceled checks. (d) Supplies -Purchase orders (if issued), invoices, and canceled checks. (e) Contractual -All of the above plus documentation that the costs were reasonable and necessary. The same standards should be applicable to subcontractors. (f) Other -All of the above apply. Alamo Area Council Of Governments 6 3. Additional Documentation. H requested by the AACOG, the SUBCONTRACTOR agrees to provide to the AACOG the additional expense records and documentation materials, as listed in Section 2 of this Artide and appropriate for the expense, for the time period requested by the AACOG, except that the SUBCONTRACTOR will not be asked to submit records that have already been provided to the AACOG with a Fnandal Status Report. The AACOG will provide reasonable time for the SUBCONTRACTOR to comply with a request for additional records. If the AACOG requests to review additional records to be provided by the SUBCONTRACTOR under the AACOG's finandal monitoring program, the AACOG will review those records and provide the SUBCONTRACTOR a written summary of the findings of that review. The AACOG will also allow the SUBCONTRACTOR reasonable time to respond to any findings of noncompliance or other problems identified by the records review. (c). SUBCONTRACTOR Close Out Report No later than thirty (30) days following the termination of this Contract, SUBCONTRACTOR must submit to AACOG a final "Financial Status Report," on which item (5) of the forth indicates that the report is the "Final Report.' If all expenditures have been completed before the end of the Contract, SUBCONTRACTOR shall submft the final "Financial Status Report" with the final "Request for Reimbursement.' Article 4 Reuortinc Requirements (a). The SUBCONTRACTOR shall prepare and submit to the AACOG, quarterly progress reports as designated in Attachment C of this Contract. These reports concern the performance under this Contract documenting program accomplishments and units of work performed under Attachment B of this Contract. These quarterly progress reports, to be submitted by the SUBCONTRACTOR, are found in Attachment F of this Contract and shall include Forth PT-Si which documents the progress and completion of tasks, Form PT-Ri , the Waste Diversion Tracking Forth, and Forms R1 a, R1 b, R1 d or R1 h (as applicable to the project or as requested by the AACOG). Payments (reimbursements) required under this contract may be withheld by the AACOG until such time as any past due progress reports are received. (b). The SUBCONTRACTOR quarterly progress reports required under Part A of this Section contain descriptions of activties and costs for the AACOG to ensure that the provisions of this Contract are being complied with. In particular, any legal research and related legal activities shall be clearly detailed in the quarterly progress reports in order to assure the AACOG that the activities are not prohibited under Attachment D Article 2 of this contract (relating to Supplemental Funding Standards). The SUBCONTRACTOR shall comply with any reasonable request by the AACOG for additional information on activities conducted in order for the AACOG to adequately monitor the SUBCONTRACTOR'S progress in completing the requirements of and adhering to the provisions of this Contract. (c). The SUBCONTRACTOR will certify in writing to the AACOG through a final progress report, the satisfactory completion of all activities and deliverables required Alamo Area Council Of Governments 7 under this Contrail. The final progress report shall be provided by September 3, 1999. The final progress report shall consist of the forms stated in Part A of this Section and found in Attachment F of this Contract. (d). The SUBCONTRACTOR shall maintain the forms listed in Part A of this Section so that afollow-up results report can be prepared. The SUBCONTRACTOR shall provide the AACOG with afollow-up results report on September 1, 2000 so that the AACOG can report to the TNRCC the results of the projects funded under this Contrail. (e). The SUBCONTRACTOR'S failure to comply with the requirements of this Article shall constitute a breach of this Contract. (f). The SUBCONTRACTOR shall maintain documentation on the results of the project activities for the life of the program or activity. Article 5 Monitorinst Requirements (a). AACOG may periodically monitor SUBCONTRACTOR for: 1. The degree of compliance with the tents of this Contrail, including compliance with applicable rules, regulations, and promulgations referenced herein; and 2. The administrative and operational effectiveness of the project. (b). AACOG shall conduct periodic analysis of SUBCONTRACTOR'S performance under this Contract for the purpose of assessing the degree to which contractual objectives and performance standards, as identified in this Contrail or as subsequently amended, are achieved by SUBCONTRACTOR. Article 6 Tkle To and Management of Eaui~ment and Constructed Facilkies (a) Subject to the obligations and conditions set forth in this Contract, title to all equipment and/or facilities (hereafter, "property") acquired under this Contract will vest, upon acquisition or construction, in the AACOG or the SUBCONTRACTOR. (b) The use of property acquired under this Contract, both during the term of this Contract and for the useful life of the property, shall be in accordance with Section 361.014(b) of the TEX. HEALTH & SAFETY CODE ANN., which directs that a project or service funded under this program must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. (c) The SUBCONTRACTOR shall conduct physical property inventories, to maintain property records and necessary control procedures, and to provide adequate maintenance wfth respect to all property acquired under this Contrail for which the SUBCONTRACTOR retains title, as further set forth in Subseilions (i) through (x) below. Alamo Area Council Of Governments 8 (i) The SUBCONTRACTOR shall develop and use a property management system that conforms with all applicable state and local laws, rules, and regulations. Ban adequate system for accounting for personal property is not in place or currently in use, the Properly Accounting System Manual issued by the State of Texas General Services Commission shall be used as a guide for establishing such a system. (ii) A physical inventory of all property acquired or replaced under this Contract having an initial per-unR purchase price of one thousand dollars ($1,000) or more, shall be conducted no less frequently than once every two years and the results of such inventories reconciled with the appropriate property records. Property control procedures utilized by the SUBCONTRACTOR shall include adequate safeguards to prevent loss, damage, or theft or the acquired property. The SUBCONTRACTOR shall develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event such equipment or property is sold. (iii) All property acquired or replaced under this Contract shall be used by the SUBCONTRACTOR to support the purposes of this Contract, for as long as the equipment or facilities are needed for such purposes, whether or not the original projects or programs continue to be supported by State funds. (iv) For property with a current fair market, per-unit value of five thousand dollars ($5,000), the SUBCONTRACTOR shall, for the purpose of replacing the property acquired under this Contract, either trade in or sell the property and use the proceeds of such trade-in or sale to offset the cost of acquiring needed replacement property. (v) For property with a current fair market, per-unit value in excess of five thousand dollars ($5,000), the SUBCONTRACTOR shall, for the purpose of replaang the property acquired under this Contract within six years of the initiation date of this Contract, obtain written authorization from the AACOG prior to trading in or selling the property and using the proceeds of such trade-in or sale to offset the cost of acquiring needed replacement property. (vi) Property with a current fair market, per-unit value of five thousand dollars ($5,000) or less, if no longer needed for the support of the authorized projects or programs under this Contract, whether original or replacement, may be used in support of other activities currently or previously supported by the AACOG, or aRematively, may be made available for use on other projects or programs, providing such other use will not interfere with the work on those projects or programs for which such equipment or facilities were originally acquired or constructed. Alamo Area Council Of Governments 9 (vii) For property with a current fair market, per-unit value in excess of five thousand dollars ($5,000), if no longer needed for support of the authorized projects or programs under this Contrect, whether original or replacement, and within six years of the initiation date of this Contract, the SUBCONTRACTOR shall obtain written authorization from the AACOG prior to changing the use of the property, to include selling or transferring ownership of the property. In requesting authorization for a change in use of the property, the SUBCONTRACTOR shall provide information as requested by the AACOG, to include information to assure that the new use of the property will adhere to the requirements of Section (b) of this Article. Prior to authorizing the SUBCONTRACTOR to change the use of the property, the AACOG may, at its discretion, require the SUBCONTRACTOR to notify and request input from private industry providers of recycling or solid waste services in the area of the proposed new use or activity, to determine that a competitive advantage issue does not exist. After six years of the initiation date of this Contrad, the SUBCONTRACTOR is not required to obtain authorization for a change in use of the property acquired under this Contrad, but the provisions of Section (b) of this Article shall still apply. (viii) If any property acquired or replaced under this Contrad is sold or transferred within six years of the initiation date of this Contrad, the TNRCC is entitled to a share of the proceeds from such sale or may require the transfer of ownership of the property to a third party, provided the fair market, per-unit value of the property at the time of the sale is in excess of five thousand dollars ($5,000). The TNRCC's share of the sale proceeds shall be the same percentage as was the funding provided under this Contrad that enabled the original purchase or acquisition of the property in question. Property that is no longer needed and that has a fair market, per-unit value of five thousand dollars ($5,000) or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to the AACOG, provided the other requirements set forth in this Article are met, including the requirements of Section (b) of this Article. (ix) If, prior to the termination date of this Contrad, the SUBCONTRACTOR determines that any property acquired wfth funds provided as a result of this Contrad is no longer needed for the original intended project, the AACOG may require the SUBCONTRACTOR to transfer title and possession of such property to a third party named by the TNRCC. (x) The SUBCONTRACTOR shall not grant or allow to a third party a security interest in any original or replacement materials, equipment, or facilities purchased or constructed with funds made available under this Contrad. Article 7 Compliance with Applicable Laws The SUBCONTRACTOR shall give all notices and comply with all laws, ordinances, rules, regulations and order of any public authority bearing on the performance of this contract, including, but not limfted to, the laws referred to in this Contrad. If the Alamo Area Council Of Governments 10 SUBCONTRACTOR or AACOG observes that this Contract is at variance therewithin any respect, the observing party shall promptly notify the other party in writing, and any necessary changes shall be adjusted by appropriate Contract modfication. On request, the SUBCONTRACTOR shall furnish AACOG modification. The main governing standards indude, but may not be limited to the following: (a). Section 361.014, TEX. HEALTH & SAFETY CODE ANN. (as amended by H.B. 3072, 74"' Texas Legislature); (b). Section 330.569 of the TNRCC Munidpal Solid Waste Regulations (30 TAC Chapter 330); and (c). The Uniforn Grant and Contract Management Act, TEX. GOVT CODE ANN., Section 788.001 et. seq., and the Uniform Grant and Contract Management Standards, 1 Texas Administrative Code (TAC), Section 5.141 et. seq. (collectively, "UGCMA"). Article 8 Authorized ReoreaentaHves (a). The AACOG hereby designates the person in Subsection (d) Exhibit A-1, Project Representative, as the individual authorized to give direction to the SUBCONTRACTOR for the purposes of this Contract. The AACOG Project Representative shall not be deemed to have authority to bind the AACOG in contract unless the EXECUTIVE DIRECTOR of the AACOG has delegated such authority. (b). Immediately upon receiving the Purchase Order or Notice of Award, the SUBCONTRACTOR shall identify, as its Project Representative, the person authorized to receive direction from the AACOG, to manage the work being performed, and to act on behalf on the SUBCONTRACTOR. The SUBCONTRACTOR'S Project Representative shall be deemed to have authority to bind the SUBCONTRACTOR in contrail unless the SUBCONTRACTOR, in writing, specifically limits or denies such authority to the SUBCONTRACTOR'S Project Representative. (c). Either party may change its Projeil Representative. In addition, the Projeil Representative of either party may further delegate his or her authority as necessary, including any delegation of authority to a new Projeil Representative. The party making the change in Project Representative shall provide written notice of the change to the other party. (d). The SUBCONTRACTOR shall ensure that its Project Representative, or his or her delegate, is available at all times for consultation with the AACOG. Alamo Area Council Of Governments 11 Exhibit A-1 The TNRCC hereby designates fire lr-dlvldua/ below as the person to give direction to the AACOG as Project Representative of TNRCC: Linda Haynie. Manager Texas Nature/ Resource Conservation Commission P.O. Box 13087/MC-132 Austin. Texas 78711ti?087 TEL (512) 239-6809; FAX (512) 239166 The AACOG hereby designates the Jndivddua/ below as the person to glue direction to the SUBCONTRACTOR as Project Repreaenfadve ofAACOG: Georgia Zannaras !Susan FltzoaMck) Solid Waste Coordinator 118 Broadway. Suite 400 San Antonio. Texas 78205 TEL (210)362-5200; FAX (210)225-5937 The SUBCONTRACTOR hereby designates the individual named below as the person authorized to receive direction from the AACOG, to manage the work being performed, and to act on behalf of the SUBCONTRACTOR as a Project Representative: Robert A. Denson Kerr County Judge 3317 Loot 534 Kerrville. Texas 78028 TEL (830)257-3100; FAX (830)792-2211 The SUBCONTRACTOR designates the following location for record access and review pursuant to Attachment A 8 Attachment E of this Contract or any other applicable provision: Alamo Area Council Of Governments 1p ATTACHMENT B B. Work Program of SUBCONTRACTOR 1. Hire part-time Enforcement Officer 2. Purchase support items including a digital camera and a global positioning system 3. Advertise Request for Proposal (RFP) for police vehicle equipped with radio or purchase vehicle through state purchasing list 4. Enforcement Officer attends educational classes at TNRCC and Texas Department of Health 5. Receive police package vehicle and Enforcement Officer begins responding to complaints regarding illegal dumping 6. Enforcement Officer holds workshops with the Kerr County Commissioners' Court and the Kerr County Attorney regarding solid waste law 7. Enforcement Officer conducts surveillance of existing dump sites to apprehend and prosecute violators 8. Enforcement Officer will patrol Kerr County to identify new dumping locations or littering violations 9. Enforcement Officer will prepare educational information and present programs at schools, civic clubs, and prepare and release information of the news media 10. Enforcement Officer will educate County Law Enforcement Officers to provide additonal manpower for solid waste violation identification 11. Enforcement Officer will follow up on notices and request that the Kerr County Attomey file charges in instances where property owners refuse to comply 12. Enforcement Officer will conduct safety inspections of wastehauling equipment operating within Kerr County Alamo Area Council Of Governments 13 ATTACHMENT C C. Schedule of Deliverables from SUBCONTRACTOR TASK 1. Hire part-time Enforcement Officer 2. Purchase support items including a digital camera and a global positioning system 3. Advertise Request for Proposal (RFP) for police vehicle equipped with radio or purchase vehicle through state purchasing list 4. Enforcement Officer attends educational classes at TNRCC and Texas Department of Health 5. Receive police package vehicle and Enforcement Officer begins responding to complaints regarding illegal dumping 6. Enforcement Officer holds workshops with the Kerr County Commissioners' Court and the Kerr County Attorney regarding solid waste law 7. Enforcement Officer conducts surveillance of existing dump sites to apprehend and prosecute violators 8. Enforcement Officer will patrol Kerr County to identify new dumping locations or littering violations 9. Enforcement Officer will prepare educational information and present programs at schools, civic clubs, and prepare and release information to the news media DATE October 1, 1998 October 5, 1998 October 5, 1998 October 1998 October 30, 1998 November 1998 November 2, 1998 - August 31, 1999 November 2, 1998 - August 31, 1999 December 3l, 1998 10. Enforcement Officer will educate County Law December 31, 1998 Enforcement Officers to provide additional manpower for solid waste violation identrfication 11. Enforcement Officer will follow up on notices and December 1, 1998 - request that the Kerr County Attorney file charges in August 31, 1999 instances where properly owners refuse to comply Alamo Area Council Of Governments 14 12. Enforcement Officer will conduct safety inspections of wastehauling equipment operating within Kerr County 'REQUIRED REPORTS December 1, 1998 - August 31, 1999 Re rt Re rtin Period Due Date Quarter Re rt 09!01/98 -11/30/98 December 11, 1998 ~uarterl Re rt 12/01!98 - 02/26199 March 15, 1999 Quarter Re rt 03/01/99 - 05/31/99 June 21, 1999 Final Quarter Re rt 06!01 /99 - 08/31/99 Se tember 3 1999 Follow-u Results Re ort Cumulative Se tember 1, 2000 ' For the purposes of preparing quarterly reports, it is required that the SUBCONTRACTOR maintain the Waste Diversion Tracking Form (refer to Attachment F) on a monthly basis. /n addition, a progress report on the Schedule of Deliverables, goals and expend8ures should be kept monthly and submitted quarterly to AACOG. Please see Article 4 Attachment A for forms that are due at the above due dates. The reporting forms are found in Attachment F of this Contract. Alamo Area Council Of Governments 15 ATTACHMENT D D. SUBCONTRACTOR Budget and Authorizations Article 1 Exosnse Cateaorv Standards In addition to the other standards and requirements of this Contract, the definitions and requirements set forth in Sections (a) - (h) of this Article shall apply to the SUBCONTRACTOR'S use of funds provided under this Contract and assignment of expenses to the expense categories of the Authorized Budget. (a). Personnel 1. Appropriate salaries and fringe benefits for employees working directly on the funded project may be authorized. 2. Proposed changes in personnel must be approved by AACOG. (b). Travel Travel expenses directly related to the conduct of the funded program, incurred by employees assigned to the project, may be authorized. 2. The SUBCONTRACTOR shall obtain prior written authorization from AACOG for expenditures under this agreement of any travel outside the State of Texas. (c). Supplies Expenses for supplies necessary for the conduct of the funded project may be authorized. Expenses include non-construction related costs for goods and materials having a unit acquisition cost (including freight) of less than $500. Such expenditures shall generally relate to routine purchase of office supplies and other goods consumed by the SUBCONTRACTOR in a relatively short time in the performance of this Contract. 2. Non-routine expendtures of goods and materials not defined as equipment should be charged to the °Other" expense category. (d). Equipment Equipment purchases necessary and appropriate for the approved project may be authorized and include expenditures for non-construction related, tangible, personal property having a unit acquisition cost of $500 or more (including freight and set-up costs) and an estimated useful life of more than one year. Alamo Area Council Of Governments 16 No equipment is to be purchased by the SUBCONTRACTOR unless approved in advance by the AACOG. 3. Any equipment that will be used for other activities, in addition to the funded project, may only be funded at an amount reflecting the appropriate percentage of time ft will be directly used for the funded project. (e). Construction Appropriate construction costs, related to the enhancement of building of permanent facilities, may be authorized, including costs of planning, of materials and labor, of attached equipment and of any subcontracts performed as part of the project. 2. No expenditures under the "Construction' expense category shall be allowed unless approved in advance by AACOG in writing. 3. All applicable laws and regulations concerning bidding and contracting for service must be followed. (f). Contractual Expenses Expenses for professional services or tasks provided by a firm or individual who is not employed by the SUBCONTRACTOR, and which are related directly to the approved implementation project, may be authorized. 2. No contractual costs should be incurred by the SUBCONTRACTOR unless the contract is approved in advance by AACOG in writing. 3. All applicable laws and regulations concerning bidding and contracting for service must be followed. (g). Other Expenses Other Expenses, not falling under the main expense categories, may be authorized, 'rf appropriate for the proposed project. Any "Other" category expenses not specifically spelled out below, including computer hardware or software purchases not included under the "Equipment' expense category, shall be reimbursed only if approved in advance by AACOG in writing. 3. Other expenses, related directly to the approved implementation project, for which prior authorization is not generally required include: (i) Books and reference materials, subscriptions, dues, membership, training and registration fees; (ii) Postage, telephone, FAX and utilities expenses; (iii) Space and equipment rentals, office furniture, repair and maintenance costs; Alamo Area Council Of Governments 17 (iv) Printing and reproduction, advertising, public notices, signs. (h). Indirect Costs 1. Indirect costs may be authorized,rf applicable to the project. If the SUBCONTRACTOR has current aooroved cost allocation plans prepared in accordance with OMB droular No. A-87 of the UGCMA, the SUBCONTRACTOR may use the indirect rates in accordance wRh that plan. 3. If the SUBCONTRACTOR does not have an approved cost allocation plan, the indirect rate used may not exceed the maximum amounts listed on the Indirect Cost Computation Table established in the UGCMS. Article 2 Sucolemental Funding Standards (a) In addition to the standards set forth in applicable statutes and regulations, the standards outlined below apply to all uses of the funds provided under this Contrail. Unless authorization is othen!vise specifically provided for in or under the terms of this Contract, the SUBCONTRACTOR shall ensure that the use of funds provided under this Contract, to include funds provided for pass-through grants, is in accordance with the supplemental funding standards set forth in this Article. (1) Payment of Fees. Pass-through grant redpients must not be in arrears on payments of their solid waste disposal fees to the AACOG at the time an implementation project is seleiled for funding. (2) Land Acquisition Costs. Funds provided under this Contrail may not be used to acquire land or an interest in land. (3) Municipal Solid Waste-Related Programs Only. Funds provided under this Contract may not be used for programs dealing with wastes that are not considered solid waste. (4) Programs Solely Related to Collection of Certain Special Wastes. Funds provided under this Contract may not be used for programs and activities solely related to the management of scrap tires, used oil, oil filters, antifreeze, lead-acid batteries, or other special wastes excluded from disposal in MSW landfills. However, collection of these materials may be included as part of a comprehensive household hazardous waste collection and management program, so long as that is not the sole intent of the program. (5) Ailivities related to the disposal of municpal solid waste. Funds provided under this Contract 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 fadlity; waste combustion (indneretion or waste-to-energy); processing for reducing the volume of solid waste which Alamo Area Council Of Governments 18 is to be disposed of; any landfill related fadlities or activities, including the closure and post-closure care of a landfill; or other activties and fadlities assodated wRh the ultlmate disposal of munidpal solid waste. However, this provision does not apply to activities spedfically included under an authorized project category, to include landfill scales, citizens' collodion stations, and small registered transfer stations. In addition, activities that would otherwise be eligible for funding, such as recycling, but that are located at a disposal fadlity may be funded. (6) Projects Requiring a TNRCC Permit. Funds provided under this Contract may not be used for expenses related to projects or facilities that require a permit from the TNRCC. This provision, however, does not apply to projects or activities that may be located at a permitted fadlity that, by themselves, would not require a permit and would be otherwise eligible for funding. (7) Projects Requiring TNRCC Registration. Projects or facilities that require registration with the TNRCC under state regulations, and which are otherwise eligible for funding, may be funded as an implementation project. However, only those expenses related to design and engineering work necessary prior to obtaining a registration may be reimbursed by the AACOG before the registration is finally received. No actual site development, construction, equipment purchases, or similar expenses may be reimbursed prior to and until such time that a required registration is received. (8) Projects that create a competitive advantage over private industry. In accordance with Section 361.014(b) of the Texas Health and Safety Code, a project or service funded under this Contract must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition, the term private industry includes non-profit entities. (9) Supplanting existing funds. Funds may not be used to supplant salaries of an existing staff position, where the functions assigned to that position will not change. Staff positions where the assigned functions will remain the same and that were active at the time of the grant application, and were funded from a source other than a previous solid waste grant, are ineligible for grant funding. This provision, however, does not apply to the salaries for staff of the SUBCONTRACTOR, in its conduct of activities under this Contract. (10) Acquisition of Goods and Services. Recipients of funds under this Contract must comply with all state and local laws and regulations pertaining to the acquisition of goods and services. In recognition of the requirement that projects not create a competitive advantage over a private industry, it is a goal of this program that competitive processes be used to the extent possible for all purchases using grant funds. In Alamo Area Council Of Governments 19 addition, grant redpients are encouraged to partidpate in the State Cooperative Purchasing Program. (11) Legislative and Lobbying Expenses. In accordance wfth state laws and regulations, funds provided under this Contract may not be used for expenses to support political activity, either directly or indireilly. As required under §33, Article IX of H.B. 1, the standards set forth in §5, Article IX of H.B. 1, shall apply to the use of funds provided under this Contrail. (12) Food/Entertainment Expenses. In accordance with the UGCMA, funds provided under this Contract 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. (13) Use of Alcoholic Beverages. As required under §33, Article IX of H.B. 1, the standards set forth in §11, Article IX of H.B. 1, shall apply to the use of funds under this Contract. In accordance with those standards, no funds provided under this Contrail shall be used for the payment of salaries to any employee who uses alcoholic beverages on active duty. None of these funds shall be used for the purchase of alcoholic beverages, including travel expenses reimbursed with these funds. Alamo Area Council Of Governments 2p Article 3 SUBCONTRACTORS Authorized Budget Bud et Cate o Grant Fundin 1. PersonneVsalaries $11,856.00 2. Frin a Benefits $906.98 3. Travel $0 4. Supplies office su lies/com uter su lies $650.00 5. Equipment: ick-u truck and com uter hardware $17,800.00 6. Construction $0 7. Contractual other than for construction $3,319.68 8. Other $6,950.00 Total direct charges (sum of 1-8) amount available to above cafe ones $41,482.66 9. AACOG Indirect char es' $4,736.53 Total rant fundin sum of 1-9 $46,219.19 ' AACOG's indirect charge is 20%. Budget categories to which indirect was applied: personneUsalaries, fringe benefits, supplies, equipment, contractual, other Alamo Area Council Of Governments 21 Alamo Aroa Council of Govemments Solid Waste Interlocal Agreement General Contract Provisions Attachment E Articb 1 Leaai Aufhority The SUBCONTRACTOR warrants and assures the AACOG that k possesses adequate legal authority to enter into this Contract. The SUBCONTRACTOR'S governing body where applicable has authorized the signatory official(s) to enter into this Contract and bind the SUBCONTRACTOR to the terms of this Contrail and any subsequent amendments hereto. The SUBCONTRACTOR agrees to adhere to the provisions of section 330.59 of the TNRCC Munippal Solid Waste Regulations and the Uniform Grant 8 Contract Management Standards (UGCMS). Article 2 Scoce of Services The services to be performed by the SUBCONTRACTOR are herewith outlined in the General Contract (Attachment E) and the Special Contract Provisions (Attachment A), which are hereby incorporated into and made a part of this Contract as if set out word- for-word herein. Article 3 Purpose (a). The purpose of this Contract is to accomplish the goals of House Bill 3072, 74th Texas Legislature 1995, as they relate to distributing solid waste fee revenue funds to support local and regional solid waste projects consistent with the regional solid waste management plans approved by the TNRCC and to update and maintain those plans. (b). Under the overall goals of the funding program established under House Bill 3072, the purposes of this Contract are: To enable AACOG to carry out or conduct various municipal solid waste management-related services and support activities within the AACOG's regional jurisdiction; and 2. To enable AACOG to report to the Legislature and promote the continuation of pass-through grant funding; and 3. To administer an efficient and effective, region-wide, pass-through (subgrentee) assistance grants program and/or, where authorized by the AACOG in accordance with Article 5 of this Attachment, to conduct various AACOG - managed projects. (c). The specific purposes of this grant contrail, to implement paragraph (b) above are: 1. To reduce illegal dumping in Kerr County by hiring apart-time Enforcement Officer to detect and conduct surveillance of illegal dump sites, (2) enforce Alamo Area Council Of Governments 22 solid waste laws and ordinances, (3) increase citizen awareness and education on illegal dumping. Article 4 Eliaibb Entltlea (a). Only those local and regional pditical subdivisions located within the State of Texas as listed below are eligible to receive funding from the AACOG as apass-through grant: Cities; 2. Counties; 3. Public schools and school districts (does not indude Universities or post secondary educational institutions); and 4. Other general and specal law districts created in accordance with state law, and with the authority and responsibility for water quality protection or municipal solid waste management, to indude river authorities. (b). Local and regional political subdivisions that are subject to the payment of state solid waste disposal fees and whose fee payments are in arrears, as determined by the AACOG, are not eligible to receive pass-through grant funding from the AACOG. The AACOG shall allow a potential pass-through grant applicant that is listed as being in arrears in its fee payments the opportunity to provide documentation of payment of the fees owed the state. If the potential applicant provides the AACOG with documentation of payment of the fees, such as a canceled check or receipt from the state, the AACOG may consider that applicant to be eligible to receive pass-through grant funding under this Contract. Article 5 Implementation Project Catefloriea Only the following project categories are eligible for funding. Under each category heading is a brief description of the purpose of that category, as well as certain special requirements. (a). Category 1: Local Enforcement This category consists of projects which contribute to the prevention of illegal dumping. These projects may indude programs to investigate illegal dumping problems, educate the public on illegal dumping laws, and prosecute violators. These programs may also include activities to enforce laws pertaining to the illegal disposal of liquid wastes. Funding limitations specific to this ceteaorv: 1. This category may not indude funding for enforcement activities related to the illegal disposal of industrial or hazardous waste. It is understood, however, that industrial or hazardous waste may periodically be discovered at illegal waste disposal sites. Such instances do not preclude the investigation of that site, so Alamo Area Council Of Governments 23 Alamo Aroa t:ounci of tiovsmmsnts Solid waste k~terlocal Agreement AAonitorina and Reimbursement Forms Attactwrant F 1. From: (Gnats) (Business Address) (City} ~ i~ii~ RECtorrAL so~.m WASTE GRANT PASS-THROUGH GRANT RECIF'II•;.tVT'S REQUEST FOR F[JImS • FORM PT- Fl (Z~1 2. Dace: 3. Caatraa/Project Number: (Comae person tome and phone ttttmber 4. Ibese funds aze rtetested to cover expenditures for tht 5. Pass-Through Grant funds received/requested to date: 6. Total project expenditures ro date. as of 7. How mtxh of item 6 is ro bt covered by grant ftmds'! S S S 8. Yet (wbtract item 7 from item 5): S 9. Amount requested: S t0. Subtaiaed by: Pttioted Name of Certiffyyfag Offxial Signaoae Date T!AtCC RSMG FORM Pr•Ft (7/15971 m~-7 TEXAS NATURAL RESOURCE CONSERVATION COMMLSSION FY 1993!1999 REGIONAL SOLID WASTE GRANT SUMMARY OFPASS-T>HtOUGH GRANT EXPENDITURES -FORM PT-F2 4 COU1vCII.OPGOVERNINENT3 z vsrDOR merTitTCArwr rnnassR: 3. RECCIIaB3BiNT ORGANQATION (SVAMB AIYD COMPLCTE ADDRESS. BvC1UDQ'IG as COD[k ~. teonTRACUrROnt-r xlrMSU: S fL~fAt REPORT: ^ Yar ^ 1Ve ~. ACCOGNTING BA515: ^ Cash ^ Aarual 7. TOTAL GRAM PERIOD: IAOM: TO: !. PERIOD COVERED BY THLS REPORT: FROM: TO: 9. SYJDGET GTEGORIES 1 Total Project Cost ~ Catulative ~ Taeal 'La ~rrt. ar ~tiriw• .gytsratal rrsA sey~rat e~ ~~ Ya arat ea 10. CIAT~IGTION: I tardM to the bets of ary Imowkdgs asd 6eief that chi report Y eerraet and complete and that aB eadan aad trtttigoidaud obligations are for the purpotea set forth m the award docuoteaa Sipatute of Aathorind Certihiag Oflidd Typd ar Prated 1Vatee attd Tqk Tekphooe (area ~ number atd ert) Date Subereted: TRAVFLFXPEYDffLRES daria thisn rt riod DESCR~TION REASON COSt 7flIS PERIOD TOTAL TRAVEL FXPEND[IURFS Mart epee with line 9e as Foes tf-ISn apQianesd doemetwtiao (o'ms t6eeR ttax! earsgrb, tt)'s aot rgtQed b be attached b ti's lota4 but cart be te4ioed by the ~taat teeiQieac ATfACfl ADDII70NAL SflFLTS, ff NEEDED rvRC psun via, ~~~ ~ s'o TFxAS NATURAL RfSOURCi CONSFRVATfON COMIIQFSiON PY 1ffV!!!f RRGIONAL SDLID ~YASC7< GRAM tfFMllATN>r1 OE lSRSONNRt /e'~ e • •eae AND TRAVSI, C~061S SUrlLLMfJKlAL IORM R-1 TQAS NATURAL Ri30URCi CONS[RYATION COIA~90N rY VlVU!! RRGIONAL SOl~ MAST= GRAltf rrsnarwran or consrlevcrloN coats surru~lENTA~. r~aul r:~ ATTACH ADDRIONAL SHLET$ Ir NLLDlD x trswc F~ F`i-~ ern bit rcaipa, if tegairsd, mast be utxhed m the fond for qeh 4strd iomn a e:peaditare !Y 1998/1999 RsGIOZAL SOLID IWST3 GR11N'T PISS-Y'mtOOf~ QIt111R SQ10U1AY ASPORT (10Jl1t PT-Sl) Grant Recipient: 2. Contract No.: . Report No.: 4. Report Period: From To: . Percent (t) Completed to Date: 6. Estimated Completion Date: STATUS OF COMPLETION OF WORK TASKS : For each major work task or deliverable set forth in your grant contract, provide the following information (use the accompanying sheet): A. Estimate the percent ('s) complete of the task or deliverable. 8. Briefly explain the activities conducted to date towards completing the cask or deliverable. Be sure to provide information oa the status of equipment purchases and/or facility construction, if applicable. C. List the major activities remaining to be conducted towards completing the task or deliverable. D. Provide an estimated date for the completion of the task or deliverable. E. Explain any problems or delays in completing the task or providi::g the deliverable. 'Provide copies of all materials and documents produced Wild grant funds to date (e. q., reports, plans, brochures, educational materials, videos, etc.). SIGNATURE: Signature of Submitting Official Typed or Printed Name and Title Date Submitted ~ If Final Report _ Project Completion Certification: ror the final report, the submitting official ceztilies that to the best of his/her cnowledge and belief, all tasks and deliverables required under the grant have Deen :ompleted, except as noted and tally explained in the report, and the terms of u'e grant contract have been met. TTi.~ .ss-r~ooaa ratA>tT svwua: Esrotrr rnsvs or eawrsrzaM or ~ TASrs Lest e! Saes/deliverable: A. Percent (t) eoeQleted: 8. Aceivities conducted to date: C. Majoz aceivities remaining to complete the task: D. Estimated completion dace: E. Comments: . Sank/deliverable: A. Percent (t) completed: 8. Activities conducted to date: C. Major activities remaining co complete the task: D. 8stimated completion date: E. Comments: Teak/deliverable: A. Percent (t) completed: 8. Activities conducted to date: C. Major activities remaining to complete the task: D. Estimated completion date: E. Comments: Arran aoox:xowa. ssssss, xr xsaasn m n : ty 1995/1999 REGIONAL SOLID KJ13TE f3RAliT REPORT OIi RESQLTS O! GRANT-IUNDSD PROJSC! (TORN PT•Rl) . Grant Recipient: Report No.: ~. Report Period: 'rom To: Z. Contract or Project No.: 4. Grant Term: From To: 6. Final FY 1998/1999 Report: Yes No Genera: Questions: Complete the general questions listed on the back of this form, where applicable. ATTAC~TS: Complete the applicable form(s) for the category of project conduced with grant funds. ./ if attached. FORM Rla - FORM Rlb - =CRM Rlc - FORM Rld - FORM Rle - F~RM Rlf - FORM Rlg - FORM Rlh - LOCAL ENFORCEMENT SOURCE REDUCTZCN RND RECYCLING Supplemental Waste Diversion Tracking Form CITIZENS COLLECTION STATIONS AND "SMALL' REGISTERED TRANSFER STATIONS HOUSEHOLD HAZARDOUS WASTE - Attach a copy(ies) of the completed Data Information Form required to be submitted to TNRCC for each KHW collection activity. INSTALLATION OF LANDFILL SCALES TECHNICAL STUDIES AND LOCAL SOLID WASTE MANAGEME:~iT PLANS RIVER AND LAKE CLEAN-UPS, AND TEXAS COUNTRY CLEAN-UPS EDUCATIONAL AND TRAINING PROJECTS (use for both stand- alone educational and training projects, or other projects that include an educational component) CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete. Signature of Authorized Certifying Official Typed or Printed Name and Title Date Submitted m i FY 98/99 REGIONAL SOLID WASTE GRANT Waste Diversion Tracking Form Instnu>~s In order to be effective, it is important that waste reduction programs adequately track their results. Macy programs. especially those that have been coaiucted for some time, will probrbly already have a goad monitoring rystem in place, but for those programs that do not, the attached form provides a simple forma[ for etttities•to trek the resulu of their wasu diversion efforts. All grant-horded projects that include diseniion of materials for reuse or raycliag, should 1/5e a trarkittg mnrh~nien sitCh as this. 1. Material 1Diserted/Recycled Section In the first cohtmn, refer to the tetras on the Standard Materials List included in the accompanying standard conversion guidelines to identify the materials diverted or recycled. In the cohmrns under each month following the project's impletnentarion, indicau the amount of each tnaurial collecsed, diverted or recycled through the project. If the materials wets weighed. record the amounts in tons. [f the materials were not weighed, express the amounts in cubic yards, applying a conversion factor supplied in the conversion guidelines or one established by weighing a tepteseaiative saatpk of material collected through the project, cad calculate the toW ttutnber of tom for each tnatetia! is the last coluttm and divide by 2000 pounds to convert pounds to coca. ff the project is a >Yw ooe, write "n/a' in the cohunns below the months prior to the project's impletaentarion. If the project is an expansion or enhancement of a preexisting program, provide numbers indicating the amount of each material diverted or recycled through the program in the months prior to the projects implementation, and circle the month in which the grant-horded project began. 2. Monthly Revenue Section Indicate the total revenue received fium the sales of all maurials diverted or recycled through the project for each month. If the project is a new orx, record utvs in the columns below the months prior to the project's implementation. If the project is an expansion or enhancemem of apre-existing Program, provide figures indicating the tevettues from the sales of each tnaurial diverted or recycled through the program is the months prior to the project's implementation. TTT_^ t `~ ~y,.,1 is pi~sssion Tracking Fob ~ontYSCtlptOijCt ~° s Ws~ ~t R~ai4i~ntti ~----~- Yessi .~.--~'~ Celendss Joo t pesiodt lyic svY MiY ,r JRn *ib CiYiil ,may ;a~i M pic fiat°Y a. Jul ~,u9 gipt pQC ~OV lbi./au. Y -'~'" ~~L ~=~rl .r9°e ~., n 9e/9s xsazornw soLZn w)srs aau~r PxO.7iCl D~11CT/1tt8IILT8 1ltp01tT - lORK ltla ~`~*- IIfl~O~CN~iT 3ratlt Reclpieat• Coatzaet/project 71e.: tepere period: pros To Amo~me o! Grant pundiag: The project Loaded is a (eLeek one) ,nw program os eahaaeement o! an existing program. a. raw aa.a aaava,aa ~ ~g~ Sotal pot leport period Total per R !i/91 (to date) Number of Littering Sites Znvestigatad (less thaw S lbs.) Number of Small, Isolated Dumps Identified !5 Lo 100 lbs.) Number of Large, Chronic Dumps Identified (more than 500 lbs.) Number of Complaints Received from the Public euumber of Referrals Received from Other Entities Number of Violators identified Number of Violators Not Identified Number of Verbal xarnings Issued Number of Written :earnings issued Number of Citations issued Number of Cases Tried Number of Convictions Number of Cases Dismissed Number of Fines Dollar Amount of Fines Number of Community Service Orders Number of Community Service Hours Ordered Number of I>va~s Cleaaed Dp due to Enfozeemeat Actions Weight/Volume of xasee Removed due eo ~forees~t 1lctions xeight/Volume of Materials Diverted for Recycling/Reuse xeight/Volume of Materials Disposed of Patrol Mileage for Enforcement Related Activities Other: Zf necessary, attach a susrnary of totals of other i rtaat aetivites not included above. 2. PROQAK CONPIIi~I?ZON. Do you aatieipate conducting local enforcement activities past the cad of the gzaat term: Yes No _ ;, IDDCASZON AND TRAIIlIIRi CO~ON~TI'S. If education or training activities were conducted as pare of the graac-funded project, attach completed Porm Rlh. sn..e _ or III-19 !! 98/99 AEOIOl~A1L 90LID N11.RTS GR711iT PAOJ=CT I1~J1CS/Af8DLT8 7tSpOAT - IOAK Alb 30QIIC= II~QC'.TIOIi A!m !!CYCLING sae Reeipieat: Caatraet/Pro]eet lle.: pert Period: 7ras1 So Aaouat et Qraae Tuadiay: • pso]ece funded is a (abeai one) _,_aer progra at _eahaaeeaeat of as ezistiaq psograa. IOlTf1t7J-L DIVER32011. List below ehe measured or estimated tans of snterial reduced, recycled oz diverted from disposal that may be attributed to groat fuadiag. GlttacA a .oothly diversim tzackiag fora or order dtverslaa ezaehiag reeatrls, if used). Material type Toss for Repost Period Average tfoatbty Di~ersioa• Tama Tor !: !!/!9 (to date) PAPER: GLASS: M!lAL: PLa$TIC: 1RII38, TREE TAnOQN03, i YARD ?RnOQM03s CONSTRIICTIOM i DEMOLITION (CiD) D=EEIS OTB.~t MATERrir.e NOT LZSTm: (Specify) TOTAL TOMS 01 MATE7tZ11L9 DZYERS'ED Averages should be calculated only for the number of months t.'sat the project vas in '_fact. Mm®SA OT PERSONS SfitVED. Estimate the number of people in the groat-funded project service area. RSVE1iQE !ROM BALL 01 RECTCLASLE3. Enter the dollar amount of revenue that was generated during the zeportiag period through the sale of recovered materials that may be attributed to great funding. 5 DISPOSAL COSTS AVOIDID: Ose the formula (Landfill Cippiag fee of S per ton E total tons of materials diverted for the report period S ]• ;D9GSION AND SRAIMIIiC C01lp0lIEIiT3. If education or training activities were conducted as part of the groat-funded project, attach completed Form Alh. COMI~iTS. Attach additional sheets if necessary for explaaatioa or for listing benefits derived from the grant-funded project. Sheet_ of III-20 VOLLTI-~'TO-WEIGHT CONVERSION FACTORS FOR REPORTIIVG PURPOSES (for progrmttt that cannot >.righ materials or ddernrint their own factors) In order tb ~.ed~eri;~r reporting attd ma>dmize accuracy. recycling Prog~ are ~~`+g~ ~ ~i8h tlxir materials or develop their own vohrme-to-weight conversion faaocs (densities). The followint table is provided to help pt+ognms without access to scales convert vohtma to weights for reporting purpose. Thex factors are not intended for rue in determining payments for handling or sales of materials. These factors went compiled from xveral soutt>es (primarily by Resource Recycling Magazine) and do not nxessarily ttprtxm your conditions, particularly for yard trimmings. Where references listed a range of values, amid-range density is tabulated below. Wherever possible, you should indicate the conversion factors that you used in reporting the quantities of materials recovered. Vohrmetric equivalenu art provided at the end of the table to help determi>x volumes in cubic yards knowing other voh3metrie meanrres or numbers of certain containers. To report in tons, divide weights in pounds by 2000 pounds per ton. 9rA1'FJtIAI IF71. OF TOC~-DS IFJt -ROCFSSI~G CttiICYMD GiASS CO\TAL~'YRS Rook 300 Ssea+ramed (•••~.,tti yakte) 1000 G+alyd ter ken dae l-1.Z'(med~atfy hiekm) 1300 Fve.oe aedy. Iest then 1 ~' 2700 MEtAI. .V~mim Cana 0.3ok 60 Fkrtmed 200 Baled )30 D~6d IOW Streb X00 Axel(rn)Cad w30k 130 7.1 FlsOSSd 233 Flaased a00 Beled 330 L>mo6ed 7600 .lppliaecs t:acaepad 200 SU7ERIAL {.EVF10F t•ROCESSt\G F'Ol1-DS IER CTarC YARD ORG.:edded try 300 Yeap~ed qp Cae;ycyd <30 Bn+sbl Brmha roue :So Chipped 7' Sc® 500 Yad 7nozimp i.ess 500 Ca~.~ud 100 Ckae YPeod Nmid Chipped 300 ~e;eative Food fiam dr kitehee t00 3daeaial Solid t iqud Fau 1300 -~ G SUGGESTED MATERIALS LISTS FOR REPORTING PURPOSES MSW MATERIAIS GLASS Pal Glass Caanimrs Nerspape7 Plue Glaze Cortutattd Caratos Other (define) inchMi~ brown papa paatt) bats O~JCo~taet Pape IriETAL iachtdiat .mrc and colored kilter Aluminum Cam Magaaoes mria Di Stal fl`m) Cam :ce ~~ Pam ~~ iacludiag food. paint. and aerosol cam Boxboatd ~~~ Ferran Scrap e.g., sha. areal. R calve mix bona Nao-ferrous Srnp ~~ Packaging Mined Metal co~aaite juice boos or coated milk carton Other (define) Mixed Papa Other paper (defim) ORGA.ti7CS PLASTIC Gros Clippings Pte. soft drink ~~ Leava Other PET coaomea anon A Branches HOPE Mills or Water BoNa Yud Trimmings HOPE Colored Bowles (narrow caked) (grass. leaves, brush & Dtancha) Mixed Ptasdc Honks Christmas Trees Ocher Plastic Conaitxrs Clean woad Material Plastic Film vegeracve Food Material Mired Plastics Other (define) Other PLutic (define) OTHER N.SR' MATERIALS Texriles NON-MSR' MATERIALS Concrete A[,TO}lOTIVE Metal wood Tires Used Oil Other (define) Used Oil Fihers vehicle Batreria peed-acid) ORGAAIICS Other (define) Biosolids (municipal stodge) Manure: coxsrxucnox rr De.Ha,mox m-z~ !7C 98/99 RE(i20NAL SOLID WASTE GR1ltiT pR0.7=Cf Z1811CT/RSSDLTS RsFORT - lORlt Ald $QOSffiOLD 8xZII4DAQ3 WaST= rant Recipient: Contract/fsojeet 10.: sport hriad: fray 'lb Astouat o! Osmt foadiaq: Se project Luaded i• a (cheek oat) _aev prograa oz _eaLanceaeat of as existing prograt. fRO1tC! ItssIILTS. All ~N collection activities must be coordinated with 'P1~6tCC's F$Yf staff, and a data report submitted to THILCC. Attach a copy of the data reports (example attached) submitted to the TNRCC AT(W staff toz each eollectioa tweet or activity, IROCRAM CQliIIimITION. Ao you anticipate conducting household hazardous waste collection setvities past the end of the grant term: Yes No _ IDPGi20l/ At47 TRAIItI1ip C~GNIIi't4. If education or training activities were conducted as pare of the grant-funded project, attach completed Form Alh. COIAffit25. Attach additional sheets if necessary for explanation or for listing benefits derived from the grant-funded pzojccc. m«e or iII-29 long as the funded program is spec'rficalty aimed at the illegal disposal of municpal solid waste. 2. Grant funds may not be used for either the cleanup of illegal disposal sftes or the transportation and/or disposal of wastes collected during such cleanups. (b). Category 2: Source Reduction and Recycling This category includes projects which provide a direct and measurable effect on reducng the amount of municipal solid waste going into the landfills, by diverting various materials from the municipal solid waste stream for reuse or recycling, or by reducing waste generation at the source. These programs may include implementation of efficency improvements in the solid waste management system 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. Funding limitations specific to this cateaorv: 1. Programs and projects funded under this category shall be designed to provide a measurable effect on reducing the amount of municipal solid waste going into landfills. 2. Any program or project aimed at demonstrating the use of products made from recycled materials shall have as its primary function the education and training of residents, governmental officials, and others, in order to encourage support for recycling efforts. 3. Programs aimed at efficiency improvements to increase the source reduction of solid waste must be coordinated with the TNRCC. Any program to develop a full-cost accounting system shall utilize the full-cost accounting guidance prepared by the TNRCC. (c). Category 4: Household Hazardous Waste Management This category includes projects which provide a means for the collection, recycling or reuse, and/or proper disposal of household hazardous waste. Funding limitations specific to this cateoorv: 1. Projects under this category must be coordinated with the AACOG to ensure that all applicable regulations and guidelines are followed. 2. Funds may not be used for costs related to the disposal of collected wastes. 3. Funds may not be used for programs and activities related to the collection and management of hazardous wastes and industrial wastes, as defined under state and federal regulations. Alamo Area Council Of Governments 24 4. Funds may not be used for programs and activities solely related to the management of scrap tires, used oil, oil fillers, antffreeze, lead-acid batteries, or other speclal wastes excluded from disposal in municipal solid waste landfills. However, collection of these materials may be included as part of a comprehensive Household Hazardous Waste collection and management program, so long as that is not the sole intent of the program. Artlcb 6 Insurance and Liability (a). SUBCONTRACTOR shall maintain insurance or legally authorized self-insurance coverage for work performed or services rendered under this contract as spec'rfied in the Spedal Provisions. (b). SUBCONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to AACOG any amounts determined by AACOG, Rs independent auditors, or any agency of state or federal governments to have been paid in violation of the terms of this Contract. Article 7 Audit/Access to Records (a). The SUBCONTRACTOR shall maintain and make available for review, inspection and/or audit books, records, documents, and other evidence reasonably pertinent to performance on all work under this Contract, including negotiated changes or amendments thereto, in accordance with accepted professional practice, appropriate accounting procedures and practices at the SUBCONTRACTOR'S Texas office. The SUBCONTRACTOR shall also maintain and make available at its Texas Office the financial information and data used by the SUBCONTRACTOR or its designee (including independent financal auditors) in the preparation or support of any cost submission or cost (direct and indirect), price or profit analysis for this Contrail or any negotiated subagreement or change order and a copy of the cost summary submitted to AACOG. The AACOG, TNRCC, Texas State Auditor's Office or any of AACOG's duly authorized representatives, shall have access to such books, records, documents, and other evidence for the purpose of review, inspection and/or audit. During the conduct of any such review, audit or inspection, SUBCONTRACTOR'S books, records, and other pertinent documents may, upon prior conference with the SUBCONTRACTOR, be copied by the AACOG or any of its duly authorized representatives. All such information shall be handled by the parties in accordance with good business ethics. The SUBCONTRACTOR shall provide proper fadlities within the State of Texas for such access and inspection. (b). Audits conducted pursuant to this provision shall be in accordance with State law, regulations and policy, and generelly accepted auditing standards and established procedures and guidelines of the reviewing or audit agency (ies). (c). The SUBCONTRACTOR agrees to the disclosure of all information and reports resulting from access to records pursuant to Section (a) above to AACOG. Where the audit concerns the SUBCONTRACTOR, the auditing agency will afford the SUBCONTRACTOR an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. Alamo Area Council Of Governments 25 (d). Records under Sections (a) above shall be maintained and made available during the entire period of performance of this Contrail and until three (3) years from date of final AACOG payment for the project. In addition, those records which relate to any dispute, litigation, or the settlement of daims arising out of such performance, or costs or Rems to which an audit exception has been taken shall be maintained and made available until completion of such action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever is later. (e). Access to records is not limited to the required retention periods. The authorized representatives designated in Section (a) of this Artide shall have access to records at any reasonable time for as long as the records are maintained. (f). This audiUaccess to records Artide applies to finandal records pertaining to all subagreements and all subagreement change orders and amendments. In addition, this right of access applies to all records pertaining to all subagreements, subagreement change orders and subagreement amendments: to the extent the records reasonably pertain to subagreement performance; 'rf there is any indication that fraud, gross abuse or corrupt practices may be involved; or 'rf the subagreement is terminated for default or for convenience. (g). The AACOG reserves the right to require the reimbursement of any over-payments determined as a result of any audit or inspection of records kept by the SUBCONTRACTOR on work performed under this Contrail. (h). The SUBCONTRACTOR agrees to include Seilions (a) through (g) of this Article in all subagreements and all change orders direilly related to project performance. Article 8 Indecendent Financial Audit The SUBCONTRACTOR shall adhere to the Single Audit requirements of the UGCMA. The SUBCONTRACTOR shall deliver to the AACOG any applicable audit report within thirty (30) days of completion of the audit report. The SUBCONTRACTOR is responsible for including the Single Audit requirements in all subagreements and shall be responsible for insuring adherence to those requirements by all subgrantees and subcontractors. AACOG reserves the right to conduct or cause to be conduced an independent audit of all funds received under this Contrail which may be performed by the local government audit staff, a certified public accountant firth, or other auditors as designated by the AACOG. Such audit will be conducted in accordance with applicable professional standards and practices. SUBCONTRACTOR understands and agrees that the SUBCONTRACTOR shall be liable to the AACOG for any costs disallowed as a resuR of audit. Article 9 Amendments to Contract Any alterations, addkions, or deletions to the terms of this Contract which are required by changes in Federal Law or Regulations are automatically incorporated into this Contrail without written amendment hereto, and shall become effective on the date designated by Alamo Area Council Of Governments 26 such law or regulation, provided 'rf the SUBCONTRACTOR may not legally comply with such change, SUBCONTRACTOR may terminate its particpation herein as authorized by Artide 10. AACOG may, from time to time, require changes in the Scope of the Services of the SUBCONTRACTOR to be performed hereunder. Such changes that are mutually agreed upon by and between AACOG and the SUBCONTRACTOR in writing shall be incorporated into this Contrail. Any changes in personnel whose salaries are funded under this Contrail or any other Contrail amendments, including increasing or decreasing the amount of total funding, aRering budget category allocations, extending or shortening the tens of the agreement, or making significant changes in the scope of work, schedule or deliverables, must be approved in advance by the AACOG. A detailed description of the proposed change(s) shall be submitted in writing by the SUBCONTRACTOR to AACOG for approval. Authorization to amend the Contract will be documented in writing and copies of the authorization retained in the files of both the AACOG and SUBCONTRACTOR. Article 10 Termination of Contract The SUBCONTRACTOR and AACOG acknowledges that this Contrail may be terminated under the following crcumstances: (a). Convenience AACOG may terminate this Contract in whole or in part without cause at any time by written notice by certified mail to the contractor whenever for any reason AACOG determines that such termination is in the best interest of AACOG. Upon receipt of notice of termination, all services hereunder of the SUBCONTRACTOR and its employees and subcontractees shall cease to the extent specified in the notice of termination. In the event of termination in whole, the SUBCONTRACTOR shall prepare a final invoice within 30 days of such termination reflecting the services actually performed pursuant to the Contrail and to the satisfaction of the Executive Director or his designee which has not appeared on any prior invoice. AACOG agrees to pay the SUBCONTRACTOR, in accordance with the terms of the Contract, for services actually performed and accruing to the benefit of AACOG. The SUBCONTRACTOR may at its discretion cancel or terminate this Contrail upon thirty (30) days written notice by certffied mail to AACOG. The SUBCONTRACTOR may not give notice of cancellation after it has received notice of default from AACOG. In the event of such termination prior to completion of the contract provided for herein, AACOG, agrees to pay services herein specified on a prorated basis for work actually performed and invoiced in accordance with the terms of this Contract. (b). Default AACOG may, by written notice of defauR to the SUBCONTRACTOR, terminate the while or any part of the Contract in any one of the following crcumstances: Alamo Area Council Of Governments 27 1. tf the SUBCONTRACTOR fails to perform the services herein specified within the time speafied herein or any extension thereof; or 2. H the SUBCONTRACTOR fails to perform any of the other provisions of this Contract, or so fails to make progress or so violates the Contrail in a manner which signrficantly endangers substantial performance of the Contrail or completion of the services herein speafied within a reasonable time, and in either of these two instances does not cure such failure wtthin a period of ten (10) days (or such longer periods of time as may be authorized by AACOG in writing) after receiving written notice by certified mail of default from AACOG. In the event of such termination, all services of the SUBCONTRACTOR and its employees and sutwronsultants shall cease and the SUBCONTRACTOR shall prepare a final invoice reflecting the services actually performed pursuant to the Contract and to the satisfaction of the Executive Director of AACOG or his designee which has not appeared on a prior invoice. AACOG agrees to pay the SUBCONTRACTOR, in accordance with the terms of this Contract, for services actually performed and accruing to the benefit of AACOG as reflected on said invoices, less payment of any unearned compensation previously paid and less any costs or damages incurred by AACOG as a result of such default, including an amount agreed to in writing by AACOG and the SUBCONTRACTOR to be necessary to complete the services herein specfied, in addition to that which would have been required had the SUBCONTRACTOR completed the services herein specified as required herein. Articlell Severability All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. Article 12 Data and Publicity All data and other information developed under this Contract shall be furnished to the AACOG and shall be public data and information except to the extent that it is exempted from public access by the Texas Open Records/Public Information Act, Vemon's TEX. GOVT CODE § 552. Upon termination of this Contract, all data and information shall become the joint property of the AACOG and the SUBCONTRACTOR. Article 13 Intellectual Prooertv (a). For the purpose of this Article, "intellectual property' refers to i) any discovery or invention for which patent rights may be acquired, and 2) any photographs, graphic designs, plans, drawings, specttications, computer programs, technical reports, operating manuals, or other copyrightable materials, and 3) any other materials in which intellectual property rights may be obtained. (b). If the SUBCONTRACTOR conceives of, actually puts into practice, discovers, invents or produces any intellectual property during the course of its work under this Contract, R shall report that fact to AACOG. Alamo Area Council Of Governments 28 ~ ! (c). The SUBCONTRAGTOR may obtain governmental protection for rights in the intellectual property. However, the AACOG and TNRCC hereby reserve a nonexdusive, royally-free and irrevocable license to use, publish, or reproduce the intellectual property for sale or otherwise, and to authorize others to do so. The AACOG and TNRCC also reserve a royalty-free nonexdusive, and irrevocable license to use, publish, or reproduce for sale or otherwise, and to authorize others to use, publish, or reproduce, for sale or otherwise (to the extent consistent with the rights of third parties) any intellectual property for which the SUBCONTRACTOR obtains rights with funds received under this Contract. (d). In performing work under this Contrail, the SUBCONTRACTOR shall comply with all laws, rules, and regulations relating to intellectual properly, and shall not infringe on any third party's intellectual property rights. It shall hold the AACOG and the TNRCC harmless for, and to the extent permitted by the laws and Constitution of the State of Texas, defend and indemnify the AACOG against, any claims for infringement related to its work under this Contract. Article 14 Enerav Efficlencv Standards The SUBCONTRACTOR is encouraged to follow standards and polities on energy efficiency which are contained in the Texas State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163). Article 15 Identification of Funding Sources The SUBCONTRACTOR shall acknowledge the financial support of the TNRCC and the AACOG whenever work funded, in whole or part, by this Contract is publicized or reported in news media or publications. All reports and other documents completed as a part of this Contract, other than documents prepared exclusively for internal use within the AACOG, shall carry the following notation on the front cover or title page: FINANCED WITH FUNDS FROM THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC) THROUGH THE ALAMO AREA COUNCIL OF GOVERNMENTS (AACOG) Article 16 Dispute Resolution Disputes under this Contract shall first be addressed by good faith efforts between the parties. AACOG's position shall first be reduced to writing and served upon the SUBCONTRACTOR. SUBCONTRACTOR shall respond to AACOG's notice within thirty (30) days. Issues unresolved between the parties thereafter shall be submitted to mediation; if unresolved, to arbitration by Contract of the parties. Article 17 Oral and Written Contracts All oral or written agreements between the parties hereto relating to the subject matter of this Contract which were developed and executed prior to the execution of this Contract have been reduced to writing and are contained herein. Alamo Area Council Of Governments 29 Article 18 Americans with Disabilities Act (ADAt The SUBCONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Ad of 1990, 42 U.S.C. +r+• 12101-12213 (Pamph 1995). Article 19 Utilfiation of Small. Minority. and Women's Business Enterprises (a). A Historically Underutilized Business (HUB) is a Corporation, Sole Proprietorship, Partnership, or Joint Venture in which as least 51 percent is owned, operated, controlled and actively managed by a person or persons who are historically underutilized (socially disadvantaged) because of their ident'rfication with members of certain groups, inducting Black Americans, Hispanic Americans, Asian Pacific Americans, Native Americans (American Indians) and Women who suffered the effects of discriminatory practices or similar insidious dreumstances over which they have no control. (b). The SUBCONTRACTOR agrees that qualified Historically Underutilized Businesses (HUBS) shall have the maximum practicable opportunity to partidpate in the performance of this Contrail. Article 20 Force Maieure To the extent that efther party to this Contrail shall the performance within the term specified of any of by reason of or through strikes, stoppage of I insurrection, accident, order of any court, ad of beyond the parties' control and not attributable to event, the time for the performance of such obliga such disability to perform is removed. be wholly or partially prevented from ligation or duty placed on such party ibor, riot, fire, flood, ails of war, God, or specific cause reasonably ds neglect or nonfeasance, in such ion or duty shall be suspended until Article 21 Entire Contract This Contrail represents the entire Contrail between the contracting parties and supersedes any and all prior contracts between the parties, whether written or oral. Alamo Area Council Of Governments 30 ~ r n 96/99 RMI0201L SOLID 1I113T= GRi11i? pROJSCT D~71C?/RSSIILTS RsFOR? - lORM llh ID aT1 x!ID pB~ 01se this foss for boll, stead-aloes aduraeimal and training projeaev, ac as as attsohseet to z+eporc tors for other prvjaets that base an educational ar rrais{"s c~aspaaeet. Oraat Recipient: Contract/tzojeet 1o.s Rapeet Period: lra~ io ~ouat o! Great Pundinq !or •taod-aloes sdueatioaal sad training Psviees Louat o! Grant Funding tos fducatloeal or Training Coeponeat o! ieothes Psojeet 1. PJ11tTiCIPaTiOM (to data)s Sstimacs the nwaber of particpaats aad the participation rue ,_____~. _. _t:_: ti:_ ..~L~ ws~r: n: n~rinnl 6v taraetld QZOtiD Ot customela. _ _ _ Customers _ _ _ -_- ___- tli ibl• Mtiaober Paztiepatiaq ]PSmbez Participation Rat! Citizeaa Households Dusiaesses H~loyees 2. 1®I11 ADVtRti42NG (to data), Indicate below the quantities of any newspaper, N, or radio paid ads cr Public Service Arsouacemeats (FBAs} which were rue during this report rioa. Media Paid lids Ps11a Herapaper Television Radio Other (Specify): 1. ?IIlLZC IMPORMATZOM a mpCASiOtD-L M)-TtRZ71I..S (to date) s 2ndicate below other types of public information and educational materials (e.q., utility bill inserts) distributed Public Inforaaeion a tdueatioaal ltatesiala a Distribution Method Quantities Distributed LII-34