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Ordinance No. 9,519ORDINANCE NO. 9519 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,,AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A SOLID WASTE IMPLEMENTATION PROGRAM CONTRACT WITH HOUSTON - GALVESTON AREA COUNCIL. (HGAC) REGARDING REIMBURSEMENT BY HGAC FOR ILLEGAL DUMPSITE SURVEILLANCE EQUIPMENT AS APPROVED IN THE FISCAL YEAR 2002 -2003 HGAC SOLID WASTE MANAGEMENT GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager and the City Clerk of the City of Baytown to execute and attest to a contract with Houston - Galveston Area Council (HGAC) regarding reimbursement,by HGAC for illegal dumpsite surveillance equipment as approved in the Fiscal Year 2002 -2003 HGAC Solid Waste Management Grant. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 13`h day of February, 2003. '\ Z—\ n ALD W. ANDERSON, Mayor Pro Tem ATTEST: Gk Y iV. SMITH, City Clerk APPROVED AS TO FORM: CTff4ACIO RAMIREZ, S ity Attorney ® F:Veanene\N4y Documents\ Council \02- 03\February\HGACContract4II legal Dumpsi teSurvei I lance Eq u ipment.doc • � 0 HOUSTON- GALVESTON:AREA: COUNCIL ' . FY03'SOLID WASTE.IMPLEMENTATION PROGRAM CONTRACT I Contractor City of Baytown, Health Department, Neighborhood Protection PO Box 424 Baytown, Texas 77522 Contacts: Mike Lester Bill Dupont (281) 420 -5384 (281) 420 -7189 (281) 420 -7184 fax mlesteT@,baytown.org Community and Environmental Planning Department Houston - Galveston Area Council 3555 Timmons Lane, Suite 120 Post Office Box 22777 Houston, Texas 77227 -2777 tel. (713) 627 -3200 fax. (713) 993 -4503 Staff Contact: Cheryl Mergo Solid Waste Program Manager (713) 993 -4520 cmergo @hgac. cog. tx.us TCEQ -FY03 Solid- Waste Implementation Grants Project Description: Local Enforcement Contract Number: 03- 16 -G167 Contract Amount: $23,856 Grant Period: 12/16/02 to 8/31/03 • HOUSTON- GALVESTON AREA COUNCIL FY 2003 SOLID WASTE IMPLEMENTATION PROGRAM CONTRACT TABLE OF CONTENTS General Contract Provisions: Intergovernmental Agreement Article 1 Legal Authority Article 2 Applicable Laws Article 3 Independent Contractor Article 4 Whole Agreement Article 5 Scope of Services Article 6 Performance Period Article 7 Reporting Requirements Article 8 Payments Article 9 Non Funding Clause Article 10 Insurance Article 11 Repayments Article 12 Subcontracts Article 13 Audit Article 14 Examination of Records Article 15 Retention of Records Article 16 Changes and Amendments Article 17 Termination Procedures Article 18 Severability Article 19 Copyrights Article 20 Ownership of Materials Article 21 Force Majeure Article 22 Non - Discrimination and Equal Opportunity Article 23 Conflict of Interest Article 24 Political Activity; Lobbying Article 25 Sectarian Involvement Prohibited Article 26 Criminal Provisions and Sanctions Article 27 Titles Not Restrictive Article 28 Acknowledgment of Funding Source Article 29 Disputes Article 30 Governing Law: Venue Article 31 Order of Priority. Signatures • 0 Special Contract Provisions Article 1 Period of Performance Article 2 Scope of Services Article 3 Legal Authority Article 4 H -GAC Obligations Article 5 Summary and Results Reporting Requirements Article 6 Financial Administration of Pass- Through Grants Article 7 Standards for Contractor's Performance Article 8 Standards Applicable to Pass - through Grant Projects Article 9 Supplemental Funding Standards Article 10 Title to and Management of Real Property and Equipment Article 11 Insurance Article 12 Historically Underutilized Businesses (HUBS) Article 13 Energy Efficiency Standards Article 14 Laws and Regulations Article 15 Uniform Grant and Contract Management Act Article 16 Data and Publicity Article 17 Acknowledgement of Financial Support Article 18 Design Review Article 19 Permits and Approvals Article 20 Requirement of Registration of Designers Article 21 Municipal Solid Waste Disposal and Transportation Revenue Fee Article 22 Safety and Protection Article 23 Hazardous Substances, Waste Disposal and Manifests Article 24 Intellectual Property Requirements Article 25 Accounting Systems Article 26 Survival of Obligations Article 27 Contractual Costs Article 28 Authorized Representatives Attachments A. Scope of Service B. Contract Budget ® HOUSTON- GALVESTON AREA COUNCIL GENERAL PROVISIONS INTERGOVERNMENTAL AGREEMENT 0 This Intergovernmental Agreement is made and entered into this 16th day of December , 2002 by and between the Houston - Galveston Area Council, hereinafter referred to as H -GAC, having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027 and City of Baytown hereinafter referred to as the Contractor, having its principal place of business 2401 Market Street, Baytown, Texas 77520. WITNESSETH: WHEREAS, H -GAC hereby engages the Contractor to perform certain services in accordance with the specifications of the Agreement; and WHEREAS, the Contractor has agreed to perform such services in accordance with the specifications of the Agreement; NOW, THEREFORE, H -GAC and the Contractor do hereby agree as follows: ARTICLE 1 LEGAL AUTHORITY The Contractor warrants and assures H -GAC that it possesses adequate legal authority to enter into this Agreement. The Contractor's governing body, where applicable, has authorized the signatory official(s) to enter into this Agreement and bind the Contractor to the terms of this Agreement and any subsequent amendments hereto. ARTICLE 2 APPLICABLE LAWS The Contractor agrees to conduct all activities under this Agreement in accordance with all applicable rules, regulations, directives, standards, ordinances and laws in effect or promulgated during the term of this Agreement. Such standards and laws shall include, to the extent applicable, the Uniform Grant and Contract Management Standards ( "UGMS ") promulgated by the State of Texas and the state and federal statutes referenced therein. ARTICLE 3 INDEPENDENT CONTRACTOR The execution of this Agreement and the rendering of services prescribed by this Agreement do not change the independent status of H -GAC or the Contractor. No provision of this Agreement or act of H -GAC in performance of the Agreement shall be construed as making the Contractor the agent, servant or employee of H -GAC, the State of Texas or the United States Government. Employees of the Contractor are subject to the exclusive control and supervision of the Contractor. The Contractor is solely responsible for employee payrolls and claims arising therefrom. The Contractor shall notify H -GAC of the threat of lawsuit or of any actual suit filed against the Contractor pertaining to this Agreement or which would adversely affect the contractor's ability to perform services under this Agreement. General Provisions Page 1 of 8 ® ARTICLE 4 WHOLE AGREEMENT The General Provisions, Special Provisions and Attachments, as provided herein, constitute the complete agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties. • ARTICLE 5 SCOPE OF SERVICES The services to be performed by the Contractor are outlined in the Special Provisions of this Agreement. ARTICLE 6 PERFORMANCE PERIOD This Agreement shall be performed during the period which begins December 16 2002 and ends August 31. 2003. ARTICLE 7 REPORTING REQUIREMENTS Reporting requirements are set forth in the Special Provisions of this Agreement. If the Contractor fails to submit to H -GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H -GAC may withhold payments otherwise due and owing the Contractor hereunder. If H -GAC withholds such payments, it shall notify the Contractor of its decision and the reasons therefor. Payments withheld pursuant to this Article may be held by H -GAC until such time as the delinquent obligations for which funds are withheld are fulfilled by the Contractor. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement. ARTICLE 8 PAYMENTS The Contractor agrees that payments are predicated upon properly documented and verified proof of performance delivered and costs incurred by the Contractor in accordance with the terms of this Agreement and shall be paid in accordance with the Compensation Schedule in the Special Provisions. ARTICLE 9 NON FUNDING CLAUSE Each payment obligation of H -GAC created by this Agreement is conditioned upon the availability of state or federal funds appropriated or allocated for the payment of such obligations. H -GAC shall not be otherwise obligated or liable for any future payments due or for any damages as a result of interruption of payment or termination under this Article. ARTICLE 10 INSURANCE The Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as specified in the Special Provisions. General Provisions • ARTICLE 11 REPAYMENTS The Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to H -GAC any amounts determined by H -GAC, its independent auditors, -or any agency of state or federal government to have been paid in violation of the terms of this Agreement. ARTICLE 12 SUBCONTRACTS Except as may be set forth in the Special Provisions, the Contractor agrees not to subcontract, assign, transfer, convey, sublet or otherwise dispose of this Agreement or any right, title, obligation or interest it may have therein to any third party without prior written approval of H -GAC. The Contractor acknowledges that H -GAC is not liable to any subcontractor(s) of the Contractor. The Contractor shall ensure that the performance rendered under all subcontracts shall result in compliance with all the terms and provisions of this Agreement as if the performance rendered was rendered by the Contractor. I`IVI-I"SkiUJ oil 1 As a recipient of state or federal assistance through this Agreement, the Contractor acknowledges that it is subject to the Single Audit Act of 1996, P.L. 98 -502, (hereinafter referred to as "Audit Act "), OMB Circular No. A -133, and the State of Texas Single Audit Circular incorporated in UGMS. The Contractor shall have an audit made in accordance with the Single Audit, requirements of the most recently adopted UGMS and OMB Circular A -133 for any of its fiscal years in which Contractor expends more than $300,000 in state or federal financial assistance. The Contractor will provide H -GAC a copy of the single audit, including management letter and reporting package required by federal and state rules within 30 days after receipt of the auditor's report, or nine months after the end of the audit period. H -GAC reserves the right to conduct or cause to be conducted an independent audit of all funds received under this Agreement which may be performed by the local government audit staff, a certified public accountant firm, or other auditors as designated by the H -GAC. Such audit will be conducted 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). The Contractor understands and agrees that the Contractor shall be liable to the H -GAC for any costs disallowed or overpayment as a result of audit or inspection of records kept by the Contractor on work performed under this Agreement. ARTICLE 14 EXAMINATION OF RECORDS The Contractor shall maintain during the course of the work, complete and accurate records of all of the Contractor's costs and documentation of items which are chargeable to H -GAC under this Agreement. H -GAC, through its staff or designated public accounting firm, the State of Texas and the United State Government, shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by it. The right of access to records is not limited to the required retention period, but shall last as long as the records are retained. Failure to provide access to records may be cause for termination of the Agreement. The records to be thus maintained and retained by the Contractor shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of General Provisions ® the Contractor's employees working full or part time on the work, as well as cancelled payroll checks, signed receipts for payroll payments in cash, or other evidence of disbursement of payroll payments; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for the Contractor's stocks or capital items; and (3) paid invoices and cancelled checks for materials purchased and for subcontractors' and any other third parties' charges. The Contractor further agrees to include in all its subcontracts permitted pursuant to Article 12 hereof, a provision to the effect that the subcontractor agrees that H -GAC and its duly authorized representatives shall, until the expiration of three (3) years after final payment under the subcontract or until all audit findings have been resolved, have access to and the right to examine and copy any directly pertinent books, documents, papers, invoices and records of such subcontractor involving transactions relating to the subcontract. ARTICLE 15 RETENTION OF RECORDS The Contractor shall maintain all records pertinent to this Agreement, including but not limited to those records enumerated in Article 14, and all other financial, statistical, property, participant records, and supporting documentation for a period of no less than three (3) calendar years from the later of the date of acceptance of the final contract closeout or the date of the final audit required under Article 13 of this Agreement. If any litigation, claim, negotiation, audit or other action involving the records has been started' before the expiration of the retention period, the records shall be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular three (3) year period, whichever is later. ARTICLE 16 CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in federal law or regulations are automatically incorporated into this Agreement without written amendment . hereto, and shall become effective on the date designated by such law or regulation; provided if the Contractor may not legally comply with such change, the contractor may terminate its participation herein as authorized by Article 17. H -GAC may, from time to time, require changes in the scope of the services of the Contractor to be performed hereunder. Such changes that are mutually agreed upon by and between H -GAC and the Contractor in writing shall be incorporated into this Agreement. ARTICLE 17 TERMINATION PROCEDURES The Contractor acknowledges that this Agreement may be terminated under the following circumstances: A. Convenience H -GAC may terminate this Agreement in whole or in part without cause at any time by written notice by certified mail to the Contractor whenever for any reason H -GAC determines that such termination is in the best interest of H -GAC. Upon receipt of notice of temrination, all services hereunder of the Contractor and its employees and subcontractors shall cease to the extent specified in the notice of termination. In the event of termination in whole, the Contractor shall prepare a final invoice within 30 days of such termination reflecting the services actually performed which have not appeared on any prior invoice, such invoice shall be satisfactory to the Executive Director or his designee. H -GAC agrees to pay the Contractor, in accordance with the terms of the Agreement, for services actually performed and accruing to the benefit of H -GAC, less payment of any • compensation previously paid. General Provisions 0 The Contractor may cancel or terminate this Agreement upon thirty (30) days written notice by certified mail to H -GAC. The Contractor may not give notice of cancellation after it has received notice of default from H -GAC. In the event of such termination prior to completion of the Agreement provided for herein, H -GAC agrees to pay services herein specified on a prorated basis for work actually performed and invoiced in accordance with the terms of this Agreement, less payment of any compensation previously paid. • B. Default H -GAC may, by written notice of default to the Contractor, terminate the whole or any part of the Agreement in any one of the following circumstances: (1) If the Contractor fails to perform the services herein specified within the time specified herein or any extension thereof; or (2) If the Contractor fails to perform any of the other provisions of this Agreement for any reason whatsoever, or so fails to make progress or otherwise violates the Agreement that completion of the services herein specified within the agreement term is significantly endangered, and in either of these two instances does not cure such failure within a period of ten (10) days (or such longer period of time as may be authorized by H -GAC in writing) after receiving written notice by certified mail of default from H -GAC. In the event of such termination, all services of the Contractor and its employees and subcontractors shall cease and the Contractor shall prepare a final invoice reflecting the services actually performed pursuant to the Agreement which have not appeared on any prior invoice. Such invoice must be satisfactory to the Executive Director of H -GAC or his designee. H -GAC agrees to pay the Contractor, in accordance with the terms of this Agreement, for services actually performed and accruing to the benefit of H -GAC as reflected on said invoice, less payment of any compensation previously paid and less any costs or damages incurred by H -GAC as a result of such default, including incremental costs that H -GAC will incur to have the Agreement cornpleted by a person other than the contractor. ARTICLE 18 SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 19 COPYRIGHTS The state or federal awarding agency and H -GAC reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state or federal government or H- GAC purposes: (a) The, copyright of all maps, data, reports, research or other work developed under this Agreement; and (b) Any copyrights or rights with funding under this H -GAC on request. General Provisions of use to copyrighted material which the Contractor purchases Agreement. All such data and material shall be furnished to 0 ARTICLE 20 OWNERSHIP OF MATERIALS Except as may be specified in the Special Provisions, all data, reports, research, etc., developed by the Contractor as a part of its work under this Agreement shall become the property of the H -GAC upon completion of this Agreement, or in the event of termination or cancellation hereof, at the time of payment under ARTICLE 8 for work performed. All such data and material shall be famished to H -GAC on request. ARTICLE 21 FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with the H -GAC. ARTICLE 22 NON - DISCRIMINATION AND EQUAL OPPORTUNITY The Contractor agrees to comply with all state and federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title DC of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§ 6101- 6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (1) any other nondiscrimination provisions in any specific statute(s) applicable to any Federal funding for this Agreement; and 0) the requirements of any other nondiscrimination statute(s) which may apply to this Agreement. ARTICLE 23 CONFLICT OF INTEREST No officer, member or employee of the Contractor or subcontractors, no member of the governing body of the Contractor, and no other public officials of the Contractor who exercise any functions or responsibilities in the review or approval of this Agreement, shall participate in any decision relating to this Agreement which affects his or her personal interest, or shall have any personal or pecuniary interest, direct or indirect, in this Agreement. ARTICLE 24 POLITICAL ACTMTY; LOBBYING No funds provided under this Agreement may be used in any way to attempt to influence in any manner a member of Congress to favor or oppose any legislation or appropriation by Congress, or for lobbying with state or local legislators. The Contractor, if a recipient of federal assistance exceeding $100,000 through an H -GAC subcontract, will comply with section 319, Public Law 101 -121 (31 U.S.C. 1352). General Provisions • ARTICLE 25 SECTARIAN INVOLVEMENT PROHIBITED The Contractor shall ensure that no funds under this Agreement are used, either directly or indirectly, in the support of any religious or anti- religious activity, worship, or instruction. ARTICLE 26 CRINIINAL PROVISIONS AND SANCTIONS The Contractor agrees that it will perform the Agreement activities in conformance with safeguards against fraud and abuse as set forth by the H -GAC, the State of Texas, and the acts and regulations of the funding entity. The Contractor agrees to promptly notify H -GAC of suspected fraud, abuse or other criminal activity through the filing of a written report within twenty-four (24) hours of knowledge thereof and to notify H -GAC of any accident or incident requiring medical attention arising from its activities under this Agreement within twenty-four (24) hours of such occurrence. Theft or willful damage to property on loan to the Contractor from H -GAC, if any, shall be reported to local law enforcement agencies and H -GAC within two (2) hours of discovery of any such act. The Contractor further agrees to cooperate fully with H -GAC, local law enforcement agencies, the State of Texas, the Federal Bureau of Investigation and any other duly authorized investigative unit in carrying out a full investigation of all such incidents. ARTICLE 27 TITLES NOT RESTRICTIVE The titles assigned to the various Articles of this Agreement are for convenience only. Titles shall not be considered restrictive of the subject matter of any Article, or part of this Agreement. ARTICLE 28 ACKNOWLEDGEMENT OF FUNDING SOURCE The Contractor shall give credit to H -GAC as the funding source for this Agreement in all oral presentations, written documents, publicity, and advertisements regarding any of the Contractor's activities which arise from this Agreement. ARTICLE 29 DISPUTES Any and all disputes concerning questions of fact or of law arising under this Agreement which are not disposed of by agreement shall be decided by the Executive Director of H -GAC or his designee, who shall reduce his decision to writing and provide notice thereof to the Contractor. The decision of the Executive Director or his designee shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the Contractor requests a rehearing from the Executive Director of H -GAC. In connection with any rehearing under this Article, the Contractor shall be afforded an opportunity to be heard and offer evidence in support of its position. The decision of the Executive Director after any such rehearing shall be final and conclusive. The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to a court of competent jurisdiction. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of the Agreement and in accordance with H -GAC's final decision. General Provisions ® ARTICLE 30 GOVERNING LAW; VENUE This Agreement shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas, unless the laws of the State of Texas specifically establish venue in some other county. • ARTICLE 31 ORDER OF PRIORITY In the case of any conflict between the General Provision, the Special Provisions, and Attachments to this Agreement, the following order of priority shall be utilized: Special Provision, General Provisions, and Attachments. H -GAC and the Contractor have executed the Agreement as of the date first written above. Jack Steele, Executive Director Houston - Galveston Area Council Date General Provisions Date HOUSTON- GALVESTON AREA COUNCIL FY03 SOLID WASTE IMPLEMENTATION PROGRAM SPECIAL CONTRACT PROVISIONS ARTICLE l PERIOD OF PERFORMANCE The period of performance of this Agreement begins on December 16, 2002 and ends on August 31, 2003. ARTICLE 2 SCOPE OF SERVICES All parties agree that the CONTRACTOR, in consideration of the compensation hereinafter described, shall provide the services with H -GAC approval and/or supervision as specifically described in Scope of Services, Attachment A, which is attached hereto and incorporated herein for all purposes. The CONTRACTOR agrees to implement the Project according to the agreed upon budget shown in Contract Budget, Attachment B. ARTICLE 3 LEGAL AUTHORITY The CONTRACTOR warrants and assures H -GAC that it possess adequate legal authority to enter into this Agreement. The CONTRACTOR's governing body where applicable has authorized the signatory official(s) to enter into this Agreement and bind the CONTRACTOR to the terms of this Agreement and any subsequent amendments hereto. The activities funded under this Agreement shall be in accordance with all provisions of this Agreement, all applicable state and local laws, rules, regulations, and guidelines. The main governing standards included, but may not be limited to the following: 1. §361,014 of the TEX. HEALTH & SAFETY CODE ANN. (as amended by H.B. 3072, 740' Texas Legislature); 2. §330.569 of the Texas Commission on Environmental Quality (TCEQ) Municipal Solid Waste Regulations (30 TAC Chapter 330); 3. The Uniform Grant and Contract Management Act, TEX GOVT CODE ANN., § §783.001 et. Seq., and the Uniform Grant and Contract Management Standards, 1 Texas Administrative Code (TAC), § §5.141 et. Seq. (collectively, "UGMS "); and 4, The Interlocal Contract between the Texas Commission on Environmental Quality (TCEQ) and H -GAC. This Agreement is entered into by and between the CONTRACTOR and H -GAC. Neither Texas Commission on Environmental Quality (TCEQ) nor the State of Texas is a party to this Agreement. ARTICLE 4 H -GAC OBLIGATIONS A. Measure of Liability In consideration of full and satisfactory performance hereunder, H -GAC will be liable to CONTRACTOR in an amount equal to the actual costs incurred by CONTRACTOR in rendering such performance, subject to the following limitations: 1. H -GAC is not liable for expenditures made in violation of "Supplemental Funding Standards ", Article 9 which outlines prohibited activities as defined by the TCEQ and the Uniform Grant and Contract Management Standards Act. 2. H -GAC is not liable for any costs incurred by CONTRACTOR in the performance of this Agreement which have not been billed to H -GAC within thirty (30) days following termination of this Agreement. Special Contract Provisions Page I of 2 0 3. H -GAC is not liable to CONTRACTOR for costs incurred or performance rendered by CONTRACTOR before commencement of this Agreement or after termination of this Agreement. 4. Except as specifically authorized by H -GAC in writing, H -GAC is liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in Federal OMB Circular A- 87 as incorporated into Uniform Grant and Contract Management Standards (UGMS). 5. Notwithstanding any other provisions of this Agreement, it is understood and agreed by the parties hereto that H -GAC's obligation under this Agreement are contingent upon actual receipt of funds from the Texas Commission on Environmental Quality to meet H -GAC liabilities hereunder. B. Method and Schedule of Payment 1. Financial reporting. No later than the tenth day following the end of each month of the period of performance for this Agreement, CONTRACTOR must submit to H -GAC a report detailing allowable expenditures incurred during the previous month. Allowable expenditures are set forth in Attachment B of this Agreement and are made on a reimbursement basis only. This report must be submitted on H -GAC Financial Report Form together with such reporting documentation as H- GAC'may require. (A monthly. financial report is due each month even if there are no expenses to report) 2. Payments. Upors review and approval of each such H -GAC Financial Report Form, H -GAC will make payment to CONTRACTOR against H -GAC liabilities to be accrued hereunder. C. CONTRACTOR Final Financial Report No later than thirty (30) days following the termination of this Agreement, the CONTRACTOR must submit to H -GAC a Financial Report Form marked "Final ". The final Financial Report shall notify H -GAC that no further reimbursement requests will be made against this Agreement post the final Financial Report. ARTICLE 5 SUMMARY AND RESULTS REPORTING REQUIREMENTS A. The CONTRACTOR shall prepare and submit to H -GAC, quarterly written summary and results reports concerning performance under this Agreement documenting accomplishments, units of work and program results performed/accomplished under Attachment A of this agreement. All summary and results reports are due on the following dates: March 10, 2003 (covering the months of December — February), and September 10, 2003 (covering the months of March — August). An End of Grant Term final summary report shall be provided to H -GAC at the end of the Contract period of performance. The End of Grant Term final summary report shall certify that the satisfactory completion of all activities and deliverables required under this Agreement. The End of Term final summary report may be combined with the September 10, 2003 report. In addition. the CONTRACTOR shall submit a Follow Up Report due to H _GAC on or near September 1 2004. Payments (reimbursements) required under this Agreement may be withheld by H -GAC until such time as any past due progress and/or monitoring reports, not including Follow Up Report, are received. B. The CONTRACTOR's quarterly summary and results reports required under Part A of this Article contain descriptions of activities, results, and costs for H -GAC to ensure that the provisions of this Agreement are being complied with. In particular, any legal research and related legal activities shall be clearly detailed in the quarterly summary and results reports in order to assure H -GAC that the activities are not prohibited under Article 9 of this Agreement (relating to Supplemental Funding Standards). The CONTRACTOR shall comply with any reasonable request by H -GAC for additional information on activities conducted in order for H -GAC to adequately monitor the CONTRACTOR progress in completing the requirements of and adhering to the provisions of this Agreement. 0 C.- The CONTRACTOR agrees to document the results of the grant - funded project and to provide those results to H -GAC for use in evaluating program effectiveness and for providing regional results information to the TCEQ. Special Contract Provisions Page 2 of 2 0 D. The CONTRACTOR's failure to comply with the requirements of this Article shall constitute a breach of this Agreement. ARTICLE 6 FINANCIAL ADMINISTRATION OF PASS - THROUGH GRANTS In administering a financial management system, the CONTRACTOR shall adhere to the specific standards and requirements set forth in this Section and in the UGMS, except that the requirements and processes may be more stringent than what is set forth in this Section. A. This Agreement accounts for expenses incurred and request reimbursement of outlays under either a cash or an accrual basis, as defined and authorized under the UGMS. To be eligible for reimbursement under this Agreement, a cost must have been incurred and either paid by the CONTRACTOR prior to claiming reimbursement from H -GAC or incurred by the last day of the time period indicated on a request for reimbursement form and liquidated no later than thirty (30) days after the end of that time period. B. Payments by H -GAC to CONTRACTOR shall be solely for reimbursement of actual allowable costs utilizing the same standards and requirements for cost reimbursement payments from the TCEQ to H -GAC. H -GAC shall reimburse the actual incurred costs of CONTRACTOR with no payments in advance. C. The CONTRACTOR shall utilize a standard reimbursement form supplied to the CONTRACTOR by H -GAC. The CONTRACTOR shall submit expense documentation records as deemed necessary by H -GAC, in accordance with H -GAC's financial monitoring plan and program, to ensure that the outlays by the CONTRACTOR are authorized and appropriate. D. H -GAC shall not reimburse or otherwise make payment to the CONTRACTOR for an expenditure that is not authorized under this Agreement. If it is determined, by either the CONTRACTOR, H -GAC, or the TCEQ that an expenditure that was reimbursed is not an authorized expense, H -GAC shall request return and reimbursement of those funds from the CONTRACTOR or, where appropriate, the application of those funds to other authorized expenses, and shall not provide any additional reimbursement to the CONTRACTOR until the funds are returned or are applied to other authorized expenses. E. In general, expenditure documentation to be submitted to H -GAC along with the H -GAC Financial Report Form 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 Agreement. Documents that should be submitted to H -GAC, as appropriate for the expenses, include by category, the records listed below. 1. Salary/Wages. The CONTRACTOR shall either summarize the salary charges by listing them on the H -GAC Financial Form or submit signed and approved time sheets for each salary charge. 2. Travel. Travel expenses must be consistent with the CONTRACTOR's locally adopted travel polices. The expenses must be supported with documented receipts for all expenses such as meals, public transportation, and hotel accommodations. If the CONTRACTOR does not have an approved travel policy in place, the CONTRACTOR shall use the UGMS travel policy. 3. Equipment. Documentation should support conformance with required procurement policies and procedures. Expenditures should be supported by purchase orders (if issued), invoices, and copies of checks. 9 4. Supplies. Supply expenses should be supported by purchase orders (if issued), invoices, and copies of checks. Special Contract Provisions Page 3 of 3 5. Contractual. Contractual costs should be supported by all the documentation described above, e.g, labor charges by time and attendance or similar records, travel charges supported by receipts. Copies of checks for contractual payments must be submitted. An executed contract or other agreement is also needed. 6. Other. Other expenses should be supported by purchase orders (if issued), invoices, and copies of checks. H. If requested by H -GAC, the CONTRACTOR agrees to provide to H -GAC, copies of the appropriate cancelled checks and the additional expense records and documentation materials, as listed in Section (G) of this Article and appropriate for the expense, for the time period requested by H -GAC, except that the CONTRACTOR will not be asked to submit records that have already been provided-to' H -GAC with a Financial Report Form. H -GAC will provide reasonable time for the CONTRACTOR to comply with a request for additional records. If H -GAC requests to review additional records to be provided by the CONTRACTOR under H -GAC's financial monitoring program, H -GAC will review those records and provide the CONTRACTOR a written summary of the findings of that review. H -GAC will also allow the CONTRACTOR reasonable time to respond to any findings of noncompliance or other problems identified by the records review. I. The CONTRACTOR shall notify and obtain written approval by H -GAC of the specific details of an expense or purchase set forth in this Section, if those expenses were not already authorized under this Agreement. 1. Changes in personnel whose salaries will be funded under this Agreement. 2. Equipment, construction, or contractual expenses. 3. Other category expenses not specifically authorized in this Agreement. ARTICLE 7 STANDARDS FOR CONTRACTOR'S PERFORMANCE 1. In accordance with TCEQ guidance, H -GAC is required to monitor the CONTRACTOR's performance under this Agreement. Therefore, CONTRACTOR agrees that the following are appropriate standards for CONTRACTOR's performance during the Agreement as set forth in this Section. a. Timeliness of Work. Standard: Work is provided on schedule. b. Quality of Work. Standard: CONTRACTOR's Work conforms to the requirements of the contract and is technically accurate. c. Subcontract Activities. Standard: CONTRACTOR's subcontract and subgrant activities comply with all H -GAC Agreement requirements regarding subcontracts especially competitive procurement methods for goods and services, use of required subcontract provisions, and monitoring performance of subcontractors and SUBPERFORMING PARTY's. d. Administrative and Financial Operations. Standards: CONTRACTOR's administrative and financial operations comply with all obligations in law and in the contract especially record - keeping, reimbursement requests, audits, allowable costs, and restricted expenditures. Performance Measures. H -GAC will monitor CONTRACTOR's performance and evaluate the level of compliance with the standards utilizing the following performance measures: • Satisfactory: CONTRACTOR generally complied with the standard consistently; occasional deficiencies may have occurred which were corrected on a timely basis. • Unsatisfactory: Significant deficiencies have occurred, or CONTRACTOR frequently or substantially failed to comply with the standard. Special Contract Provisions Page 4 of 4 3. Schedule Of Remedies Available to H -GAC. The following Schedule of Remedies applies to this contract in the event of substandard performance or other failure to confirm to the requirements of the contract or applicable law as set forth in this Section. a. Reject substandard performance and request corrections without charge to H -GAC. b. Issue notice of substandard performance or other non - conforming act or omission. c. Request and receive return of any over payments or inappropriate payments. d. Reject reimbursement request and suspend payment pending accepted revision of substandard performance or non - conformity. e. Suspend all or part of the work and/or payments pending accepted revision of substandard performance or non - conformity. £ Reject reimbursement requested and withhold all or partial payments. Funds may be retained by H -GAC for recovery or administrative costs or returned to funding source as authorized by agreements with the funding source and by state or federal law. g. Temsinate the contract, demand and receive: return of all equipment purchased of contract funds, return of all unexpended funds, and repayment of expended funds. If H -GAC evaluation finds CONTRACTOR's performance to be substandard, H -GAC may provide its written evaluation report to other governmental entities at any time. H -GAC may also provide its written evaluation report to the public as authorized by law. 4. Cumulative Remedies. H -GAC 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 CONTRACTOR's substandard performance or any non- conformity with the Agreement or the law. The remedies and sanctions available to H -GAC in this Agreement shall not limit the remedies available to H -GAC under law. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the Schedule of Remedies, obligations imposed upon CONTRACTOR by these General Conditions, and all other rights and remedies available to H -GAC 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 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 8 STANDARDS APPLICABLE TO PASS - THROUGH GRANT PROJECTS The standards and requirements set for in this Article shall apply to all pass - through grant projects selected for funding under this Agreement. The CONTRACTOR shall be responsible for ensuring that the pass - through grant projects and activities under this Agreement comply with these standards. A. Eligible Pass - through Grant Recipients. 1. Only those local and regional political subdivisions located within the State of Texas as listed below are eligible to receive funding from H -GAC as a pass - through grant: � Cities; • Counties; • Public school districts (does not include Universities or post secondary educational institutions); and Special Contract Provisions Page 5 of 5 • 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. B. Pass - through Grant Project Categories. The category specific funding limitations outlined for each category shall apply to all uses of funds under pass - through grant projects conducted for that category. Local Enforcement. This category consists of projects which contribute to the prevention of illegal dumping of municipal solid waste, including liquid wastes. Under this category, grant recipients may investigate illegal dumping problems; enforce laws and regulations pertaining to the illegal dumping of municipal solid waste, including liquid waste; establish a program to monitor the collection and transport of municipal liquid wastes, through administration of a manifesting system; and educate the public on illegal dumping laws and regulations. 2. Litter and Illegal Dumping Cleanup. This category includes projects to support ongoing and periodic clean up litter and illegal dumping of municipal solid waste, excluding cleanup of scrap tire dumping sites. Projects may support for Lake and River Cleanup events, conducted in conjunction with the TCEQ's and Keep Texas Beautiful's Lake and River Cleanup Program. Projects included under this category 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. . Source Reduction and Recycling. This category includes projects which 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. Activities funded under this category 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. Local Solid Waste Management Plans. This category includes projects to develop and have adopted by the TCEQ a local solid waste management plan, in accordance with Subchapter D, §363 of the Texas Health & Safety Code, as implemented by TCEQ rule, 30 TAC Chapter 330, Subchapter O., or to, amend an existing local solid waste management plan that has been adopted by TCEQ. 5. Citizens' Collection Stations and Small" Registered Transfer Stations . This category includes projects to construct municipal solid waste collection facilities in areas of the state which are under served by collection services or do not have access to proper disposal facilities. Projects funded under this category may include citizens' collection stations, as these facilities are defined under the TCEQ's Municipal Solid Waste regulations (30 TAC Chapter 330, §330.2). Municipal Solid Waste Transfer Stations that qualify f6r registration under §330.4(d)(1) - (3) or §330.4(r) of the regulations may also be funded. A project funded under this category 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. • 6. 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, including household chemicals, used oil and oil filters, antifreeze, lead -acid batteries, and other materials. This Special Contract Provisions Page 6 of 6 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 facilities. Projects may include collection events; consolidation and transportation costs associated with collection activities; recycling or reuse of material; proper disposal of materials; permanent collection facilities; and education and public awareness programs. Funds may also be used to support Texas County Cleanup events, conducted in conjunction with the TCEQ. Technical Studies. This category includes 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 under this category 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. 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: This category may be used for "stand- alone" educational projects dealing with a variety of solid waste management topics. This category may include funding for information- exchange activities, subject to the other limitations on travel expenses. ARTICLE 9 SUPPLEMENTAL FUNDING STANDARDS Unless authorization is specifically provided in accordance with the special provisions of this Agreement or in accordance with Attachment B of this Agreement, the CONTRACTOR shall ensure that funds provided under this Agreement are not used for the following activities, programs, or projects: • The provision of the Uniform Grant Management Standards (UGMS) issued by the Office of the Governor apply to the use of these funds, as well as the supplement financial administration guidance established by TCEQ to be applied under all contracts, TCEQ Allowable Expenditures Guidelines. • Recipients of funds under this Agreement, including subcontractors shall comply will all applicable state and local laws and regulations pertaining to the use of state funds, including laws concerning the procurement of goods and services and competitive purchasing requirements. • Funds may not be provided through a subcontract to any public or private entity that is barred from participating in state contract by the Texas General Services Commission, under the provisions of §2155.077, Government Code, and 1 TAC § 113.02, GSC Regulations. • Public and private entities subject to payment of state solid waste disposal fees and whose payments are in arrears may not receive funds under this Agreement through a subcontract. • In accordance with §361.014(b), Texas Health and Safety Code, and 30 TAC §330.569(d) TCEQ Rules, and project or service funded under this Agreement must promote cooperation between public and private entities and may not 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 included non -profit and not - for - profit non - governmental entities. • All equipment and facilities purchased or constructed with funds provided under this Agreement shall be used for the purposed intended in the funding agreement. • A project or service funded under this Agreement must be consistent with the H -GAC approved regional solid waste management plan, and must be intended to implement the goals, objectives, and priorities established in the regional plan. Special Contract Provisions Page 7 of 7 • Funds may not be used to acquire land or an interest in land. • Funds may not be used to supplant existing funds. In particular, staff positions where the assigned functions will remain the same and that were active at the time of the funding application or proposal, and were funded from a source other than a previous solid waste grant, may not be funded. • Funds 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 cost incurred while on travel status. • Funds may not be used for payment of salaries to any employee who uses alcoholic beverages on active duty. Funds may not be used for the purchase of alcoholic beverages, including travel expenses reimbursed with these funds. • Funds may not be used for employment or otherwise contracts for services of a lobbyist or for dues to an organization which employs or otherwise contracts for the services of a lobbyist. • Funds may only be used for projects or programs for managing municipal solid waste. • Except as may be specifically authorized in this Article or elsewhere in this Agreement, funds may not be used for projects or facilities that required a permit from the TCEQ and/or that are located within the boundaries of a permitted facility, including landfills, wastewater treatment plants, or other facilities. This restriction may be waived by the TCEQ, at its discretion, for recycling and other eligible activities that will take place within the boundaries of a permitted facility. The CONTRACTOR must request a preliminary determination from the TCEQ as to the eligibility of the project prior to the project being considered for ' funding by H -GAC. Projects or facilities requiring a registration from the TCEQ, and which are otherwise eligible for funding must have received the registration before the project funding is awarded. Except as may be specifically authorized in this Article or elsewhere in this Agreement, funds may not be used for activities related to the collection or 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; landfills and landfrll- related facilities, equipment, or activities, including closure or post - closure care of a permitted landfill unit; or other activities and facilities associated with the disposal of municipal solid waste. Funds may not be used to assist an entity or individual to comply with an existing or pending federal, state, or local agreement or enforcement action. This restriction includes assistance to an entity to comply with an order to clean up and/or remediate problems at an illegal dumpsite. However, the TCEQ may waive this restriction, at its discretion and on a limited case -by -case basis, to address immediate threats to human health or the environment, and where it is demonstrated that the responsible party does not have the resources to comply with the order. Funds may not be used to pay penalties imposed on an entity for violation of federal, state, or local laws and regulations. This restriction includes expenses for conducting a supplemental environmental project (SEP) under a federal or state order or penalty. Funds may be used in conjunction with SEP funds to support the same project. • Duplication of Effort. Activities, projects, programs, studies, etc. that overlap or provide duplicate funding for projects under other State funding programs are not authorized. If H -GAC believes that other program grant awards are inadequate to meet the needs of the region, H -GAC may request that the FUNDING AGENCY consider authorizing the project in accordance with the provisions of Attachment A of this Agreement. Local Enforcement Special Contract Provisions Page 8 of 8 • • Funds may not be provided to any law enforcement agency regulated by Chapter 415 of the Texas Government Code, unless (a) the law enforcement agency is in compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415 of the Texas Government Code, or (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. • When funding is provided for salaries of local enforcement officers, the fund recipient must certify that at least one of the officers has attended or will attend within the term of the funding the TCEQ;s Criminal Environmental Law Enforcement Training or equivalent training. • Local enforcement vehicles and related enforcement equipment purchased entirely with funds provided under this Agreement may only be used for activities to enforce laws and regulations pertaining to littering and illegal dumping, and may not be used for other code enforcement or law enforcement activities. Vehicles and equipment that are only partially funded must be dedicated for use in local enforcement activities for a percentage of time equal to the proportion of the purchase expense funded. • Entities receiving funds for a local enforcement officer, enforcement vehicles and/or related equipment for use by an enforcement officer, must investigate major illegal dumping problems, on both public and private property, in addition to investigating general litter problems on public property. • Entities receiving funds to conduct a local enforcement program must cooperate with the TCEQ's regional investigative staff in identifying and investigating illegal dumping problems. Lack of cooperation with the TCEQ staff may constitute a reason to withhold future funding to that entity for local enforcement activities. • Funds may not be used for investigation and enforcement activities related to the illegal dumping of industrial and/or hazardous waste. instances where industrial or hazardous waste is discovered at a site do not preclude the investigation of that site, so long as the intent and focus of the investigation and enforcement activities are on the illegal dumping of municipal solid waste. Litter and Illegal DpWing Cleanup • Lake and River Cleanup events must be coordinated with the TCEQ's cleanup program staff and/or the Keep Texas Beautiful organization, which is contracted by the TCEQ to administer the Lake and River Cleanup program. • Projects funded to clean up the litter or illegal dumping on private property must be conducted through a local government sponsor. Funds may not be provided directly to a private landowner or other private responsible party for cleanup expenses. The local government sponsor must either contract for and oversee the cleanup work, or conduct the work with its own employees and equipment. • The costs for cleanup of hazardous waste that may be found at a municipal solid waste site must be funded from other sources, unless a waiver from this restriction is granted by the TCEQ to deal with immediate threats to human health or the environment. • The costs of cleanup of Class 1 nonhazardous industrial waste that may be found at a municipal solid waste site must be funded from other sources, unless a waiver from this restriction is granted by the TCEQ to deal with immediate threats to human health or the environment. The cleanup of Class 2 and 3 nonhazardous industrial waste that may be found at a municipal solid waste site may be funded in conjunction with the cleanup of the municipal solid waste found at a site. • All notification, assessment, and cleanup requirements pertaining to the release of wastes or other chemicals of concern, as required under federal, state, and local laws and regulations, including 30 TAC Chapter 330, TCEQ's MSW Rules, and 30 TAC Chapter 350, TCEQ's Risk Reduction Rules, must be complied with as part of any activities funded under this Agreement. Special Contract Provisions Page 9 of 9 • All materials cleanup up using funds provided under this Agreement must be properly disposed of or otherwise properly managed in accordance with all applicable laws and regulations. To the extent feasible, it is recommended that the materials removed from a site be reused or recycled. Source Reduction and Recycling • Any program or project funded under this Agreement with the intent of demonstrating the use of products made from recycled and/or reused materials shall have as its primary purpose the education and training of residents, governmental officials, private entities, and others to encourage a market for using these materials. Local Solid Waste Management Plans • All local solid waste management plans funded under this Agreement must be consistent with H -GAC's regional solid waste management plan, and prepared in accordance with Subchapter O of the TCEQ's Municipal Solid Waste regulations (30 TAC Chapter 330) and the Content and Format Guidelines provided by the TCEQ. • At least one year should be allowed for the completion and adoption of the local plan. Citizens' Collection Stations and Small" Registered Transfer Stations • The design and construction of citizens' collection stations, as those facilities are defined under 30 TAC Chapter 330, TCEQ Rules may be funded. The costs associated with operating a citizens' collection station once it is completed may not be funded. The design and construction of a small municipal solid waste and liquid waste transfer stations that qualify for registration under §330.4(d) or §330.4(r ). TCEQ Rules, may be funded. Other permitted or registered transfer stations may not be funded. A municipal solid waste 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 municipal solid waste per day. A liquid waste transfer station may quality for a registration if it will receive less than 32,000 gallons or less per day. The costs associated with operating a transfer station once it is completed may not be funded. Household Hazardous Waste Management • All household hazardous waste 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. • All Texas Country Cleanup events must be coordinated with the TCEQ's Texas Country Cleanup program staff, and all applicable laws, regulations, guidelines, and reporting requirements must be followed. Technical Studies • All technical studies funded under this Agreement must be consistent with H -GAC's regional solid waste management plan, and prepared in accordance with Guidelines provided by the TCEQ. Educational and Training Projects • Educational and training programs and projects funded under this Agreement must be primarily related to the management of municipal solid waste, and funds applied to a broader education program may only be used for those portions of the program pertaining to municipal solid waste. ARTICLE 10 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 will vest, upon acquisition or construction, throughout the term of this Agreement, be in the name of the CONTRACTOR.. Special Contract Provisions Page 10 of 10 1. Subject to the provisions of this Agreement and as otherwise provided by state statutes, property acquired or replaced under this Agreement or a pass - through grant contract 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. 2. The CONTRACTOR shall not grant or allow to a third party a security interest in any original or replacement property purchased or constructed with finds made available to the CONTRACTOR under this Agreement. 3. The use of property acquired under this Agreement, both during the term of this Agreement and for the useful life of the property or until compensation is provided to H- GAC/TCEQ for the applicable percentage share of the fair market value of the property, shall be in compliance with §361.014(b) of the TEXAS HEALTH & SAFETY CODE ANN., which directs that a project or service funded under this program must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. 4. The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR must meet the requirements set forth in this Section. • Property records must be maintained that include a description of the property, a serial number or other identification number, the. source of the property, who holds title, the acquisition date, and the cost of the property, percentage of state participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. 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 CONTRACTOR shall include adequate safeguards to prevent loss, damage, or theft of the acquired property. Any loss, damage, or theft shall be investigated. The CONTRACTOR 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 property is sold. Certain types of equipment are classified as "controlled assets" and are subject to annual revision. In accordance with the UGMS, the CONTRACTOR should contact the Texas Comptroller of Public Accounts' property accounting staff or review the Comptroller's state Property Accounting User Manual available on the Internet, for the most current listing. Firearms shall be maintained on the CONTRACTOR's inventory system irrespective of cost, and the following equipment with costs between $500 and $1,000 shall be maintained on the inventory system: (1) stereo systems, (2) still and video cameras, (3) facsimile machines, (4) VCRs and VCR/TV combinations and (5) cellular and portable telephones. 5. The CONTRACTOR, respectively, may for the purpose of replacing property acquired under this Agreement, either trade in or sell the property and use the proceeds of such trade -in or sale to offset the cost of acquiring needed replacement property. 0 6. The CONTRACTOR 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 Special Contract Provisions Page I I of I 1 originally authorized purpose, H- GAC/TCEQ has the right to require disposition of the property by the CONTRACTOR in accordance with the provisions of this Article. 7. When, during the useful life of property acquired with grant funds under this Agreement by the CONTRACTOR 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 CONTRACTOR agrees to request disposition instructions from H- GAC/TCEQ. The CONTRACTOR shall request authorization from H- GAC/TCEQ to provide disposition instructions to the pass - through grant recipient. 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 ANN. In cases where the CONTRACTOR fails to take appropriate disposition actions, H- GAC/TCEQ may direct the CONTRACTOR to take excess and disposition actions. The disposition instructions may provide for one of the alternatives as set forth in this Section. • Retain title, sell, or otherwise disposed of with no obligation to compensate H- GAC/TCEQ. • Retain title after compensating H- GACITCEQ. 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. Sell the property and compensate H- GAC/TCEQ. The amount due will be calculated by applying H- GACfrCEQ's percentage of participation in the cost of the original purchase to the proceeds of the sale after deduction of any actual and reasonable selling and fixing -up expenses. If the grant is still active, the net proceeds from sale may be offset against the original cost of the property. When the CONTRACTOR is directed to sell property, sales procedures shall be followed that provide for competition to the extent practicable and result in the highest possible return. • Transfer title to H- GAC/TCEQ, or to a third -party designated/approved by H- GACITCEQ. If the CONTRACTOR participated financially in the original purchase of the property, the CONTRACTOR may be authorized payment from the receiving party of an amount calculated by applying the percentage of the participation in the original purchase of the property to the current fair market value of the property. 9. Items of property with a current per -unit fair market value of less than $1,000 maybe retained, sold or otherwise disposed of by the CONTRACTOR with no further obligation to H- GAC/TCEQ. Methods used to determine per -unit fair market value must be documented, kept on file and made available to H- GAC/TCEQ upon request. ARTICLE 11 INSURANCE H -GAC understands that CONTRACTOR is governed by the Texas Tort Claims Act, Chapter 101.001 et sea., Texas Civil Practice and Remedies Code Ann., as amended, which sets forth certain limitations and restrictions on the types of liability and the types of insurance coverage that can be required of CONTRACTOR. H -GAC further understands that CONTRACTOR in effect has either adequate coverage to meet claims under the Act or is self - insured for all claims falling within the Texas Tort Claims Act. H -GAC further understands that CONTRACTOR is self - insured for workers compensation insurance as provided by Chapter 504, Texas Labor Code Ann., as amended. ARTICLE 12 HISTORICALLY UNDERUTILIZED BUSINESSES (HUBS) The CONTRACTOR agrees that qualified Historically Underutilized Businesses (HUBS) shall have the maximum practicable opportunity to participate in the performance of this Agreement. Special Contract Provisions Page 12 of 12 ARTICLE 13 ENERGY EFFICIENCY STANDARDS The CONTRACTOR shall follow standards and policies on energy efficiency which are contained in the Texas State Energy Conservation Plan. ARTICLE 14 LAWS AND REGULATIONS The CONTRACTOR 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, H -GAC shall not be responsible for monitoring Agreement's compliance with any Laws or Regulations. If the CONTRACTOR performs any work knowing or having reason to know that it is contrary to Laws or Regulations, the CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting therefrom ARTICLE _15 UNIFORM GRANT AND CONTRACT MANAGEMENT ACT The provisions of Uniform Grant and Contract Management Act, TEXAS GOVERNMENT CODE, Chapter 783 applies to this Agreement, all amendments thereto, and all subcontracts and subagreements. Compliance with the conditions and requirements contained therein is necessary for the satisfactory performance of the services and work required under this Agreement. ARTICLE 16 DATA AND PUBLICITY All data and other information developed under this Agreement shall be furnished to H -GAC and shall be public data and information except to the extent that it is exempted from public access by the Texas Public Information Act, TEx. GOV'T CODE Chapter 552 ( "Act "). Upon termination of this Agreement, all copies of data and information shall be furnished, at no charge to H -GAC and TCEQ, upon request, to include data bases prepared using funds provided under this Agreement, and become the property of H -GAC and TCEQ. Except as otherwise provided by the Agreement or the Act, the CONTRACTOR 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. ARTICLE 17_ ACKNOWLEDGMENT OF FINANCIAL SUPPORT The CONTRACTOR shall acknowledge the financial support of H -GAC and 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 CONTRACTOR, shall carry the following notation on the front cover or title page. PREPARED IN COOPERATION WITH THE HOUSTON- GAL YESTON AREA COUNCIL AND TEXAS COMMISSION ONENYIRONMENTAL QUALITY. The preparation of this report was financed through grants from the State of Texas through the Texas Commission on Environmental Quality and the Houston - Galveston Area Council. ARTICLE 18 DESIGN REVIEW The CONTRACTOR shall comply with and incorporate into the applicable design and related data all H -GAC review comments and subsequent design instructions. Compliance will be assumed, unless H -GAC is advised in writing over the signature of the CONTRACTOR to the contrary, giving detailed and complete justification for such proposed exception. Special Contract Provisions Page 13 of 13 0 ARTICLE 19 PERMITS AND APPROVALS The CONTRACTOR shall obtain applicable drawing and specification approvals and permits from government authorities and governing bodies as may be required for the design of the Project. All changes that may be required, to the drawings, specifications, or both of these that are necessary to obtain these approvals, are within the scope of services of the Agreement. Unless otherwise provided in the Agreement, the CONTRACTOR shall obtain and pay for all construction permits and licenses. The CONTRACTOR shall pay all charges of utility owners for connections to the work, and the CONTRACTOR shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. ARTICLE 20 REQUIREMENT OF REGISTRATION OF DESIGNERS The design of architectural, structural, mechanical, electrical, civil, or other engineering features of the work shall be accomplished or reviewed and approved by architects or engineers registered to-practice in the particular profession field involved in the State of Texas. ARTICLE 21 MUNICIPAL SOLID WASTE DISPOSAL AND TRANSPORTATION REVENUE FEE It is the understanding of the parties that the source of the funds provided by H -GAC and TCEQ is the Municipal Solid Waste Disposal and Transportation Revenue Fee (MSWDTRF). Due to demands upon that source for funds necessary to protect the health and safety of the public, it is possible that the funds contained in the MSWDTRF will be depleted prior to completion of this Agreement. The parties agree that all funding arranged under this Agreement is subject to sufficient funds in the MSWDTRF. ARTICLE 22 SAFETY AND PROTECTION Where applicable, the CONTRACTOR shall be responsible for requiring subcontractors and subgrantees to maintain and supervise all necessary safety precautions and programs in connection with the work. The CONTRACTOR shall take all necessary safety precautions. ARTICLE 23 HAZARDOUS SUBSTANCES, WASTE DISPOSAL AND MANIFESTS The CONTRACTOR, subcontractors and subgrantees must comply with all applicable Laws and Regulations, including but not limited, to those relating to hazardous substances, waste disposal and manifests. ARTICLE 24 INTELLECTUAL PROPERTY REQUIREMENTS Intellectual Property requirements as set forth in this Section. Royalties and Patent Fees. CONTRACTOR 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. 2. Disclosure of Intellectual Property Produced during the work. CONTRACTOR shall promptly notify H -GAC of all Intellectual Property which CONTRACTOR or CONTRACTOR's employees, subcontractors, or subcontractor's employees may produce, either solely or jointly with others, during the course of the work. In addition, CONTRACTOR shall promptly notify H -GAC of all Intellectual Property to which CONTRACTOR may acquire rights in connection with the performance of the work. Any notification under this paragraph shall contain sufficient technical detail to convey a clear understanding of the Intellectual Property, and shall identify any publication, sale, public use, or impending publication. Promptly upon request, CONTRACTOR shall supply such additional information as H -GAC may request. Special Contract Provisions Page 14 of 14 3. Grant of License. With respect to such Intellectual Property as is (i) incorporated in the work (other than Intellectual Property for which H- GAC/TCEQ already possesses equal or greater Intellectual Property Rights by virtue of this Agreement or otherwise), (ii) produced by CONTRACTOR or CONTRACTOR's employees, subcontractors, or subcontractor's employees during the course of performing the work, or (iii) specifically identified in the Supplemental Conditions as Intellectual Property to which Intellectual Property Rights are granted pursuant to this paragraph, CONTRACTOR hereby grants to H -GAC and TCEQ (i) a nonexclusive, perpetual, irrevocable, enterprise -wide license to reproduce, publish, or otherwise use such Intellectual Property and associated use documentation, and (ii) a nonexclusive, perpetual, irrevocable, enterprise -wide license to authorize others to reproduce, publish, or otherwise use such Intellectual Property for H -GAC and TCEQ's purposes. 4. Modification; Derivative Works. H -GAC and/or TCEQ shall have the right, in its own discretion, to independently modify any Intellectual Property to which license is granted herein H -GAC and/or TCEQ's own purposes and use, through the services of its own employees or independent contractors. H -GAC and/or TCEQ shall own all Intellectual Property Rights to such modifications. CONTRACTOR shall not incorporate any such modifications into its Intellectual Property for distribution to third parties unless it first obtains a license from H- GAC and/or TCEQ. 5. CONTRACTOR shall comply with all Laws and Regulations relating to Intellectual Property. CONTRACTOR represents and warrants to H -GAC that CONTRACTOR will not infringe any Intellectual Property Right of any third party. CONTRACTOR further represents and warrants to H -GAC that in the course of performing the work it will not use or possess any Intellectual Property owned by a third party without paying any required royalty or patent fees. CONTRACTOR warrants that it has full title in and ownership of the Intellectual Property and any enhancements, updates or other modifications, or that it has full power and authority to grant all licenses granted herein, and that such license use by H -GAC will in no way constitute an infringement or other violation of any Intellectual Property right of any third party. The CONTRACTOR warrants that it shall have, throughout any applicable license term hereunder, free and clear title to, or the right to possess, use sell, transfer, assign, license, or sublicense, products that are licensed or provided hereunder to H -GAC by CONTRACTOR. Except as permitted in the Agreement, CONTRACTOR shall not create or permit the creation of any lien, encumbrance, or security interest in the work or any part thereof, or any product licensed or provided hereunder to H -GAC for which title has not yet passed to H -GAC, without the prior written consent of H -GAC. CONTRACTOR represents and warrants to H -GAC that neither it nor any other company or individual performing the work is under any obligation to assign or give to any third party any Intellectual Property rights granted or assigned to H -GAC, or reserved by H -GAC, pursuant to the Agreement. CONTRACTOR expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements under section 2157.005 of the Goverment Code, relating to accessibility by persons with visual impairments. Accordingly, the CONTRACTOR represents and warrants to H -GAC that the technology provided to H -GAC for purchase is capable, either by virtue of features included within the technology or- because it is readily adaptable by use with other technology, of (1) providing equivalent access for effective use by both visual and nonvisual means; (2) presenting information, including prompts used for interactive communications, in formats intended for nonvisual use; and (3) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this paragraph, the phrase "equivalent access" means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alteratives to mouse commands and other means of navigating graphical displays, and customizable display appearance. 7. CONTRACTOR will include in all subcontracts a provision similar in effect to the following Year 2000 • Warranty as set forth in this Subsection. Special Contract Provisions Page 15 of 15 L CONTRACTOR also warrants that, with respect to work performed under this Agreement, that all work is Year 2000 Complaint when used in accordance with the applicable documentation, provided that all products used in combination with it (but not themselves included in or with or incorporated into the work) properly exchange date data with the work. CONTRACTOR warrants that the work meets all applicable standards of the Texas Department of Information Resources relating to the Year 2000 Compliance. In the event any work performed under this Agreement is not Year 2000 Complaint, and the CONTRACTOR is provided written notice thereof, CONTRACTOR shall at its sole expense immediately cause such work to become Year 2000 Compliant in a manner that will minimize interruption to ongoing business processes, time being of the essence. 8. The CONTRACTOR shall include provisions adequate to effectuate the purposes of this paragraph in all subcontracts and subgrants under this Agreement in the course of which Intellectual Property may be produced or acquired. ARTICLE 25 ACCOUNTING SYSTEMS The CONTRACTOR 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 CONTRACTOR must account for costs in a manner consistent with such standards or principles. ARTICLE 26 SURVIVAL OF OBLIGATIONS 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. ARTICLE 27 CONTRACTUAL COSTS CONTRACTOR's contractual costs must comply with allowable cost requirements. CONTRACTORS which are governmental entities must engage in contractor selection on a competitive basis in accordance with their established policies. If CONTRACTOR has no competitive procurement policy or is a private entity, CONTRACTOR must generally select contractors by evaluation and comparison of price, quality of goods or services and past performance. All subgrants awarded by the CONTRACTOR under this Agreement shall be in accordance with Subpart C, Sec._.37, Subsection (b) of the State Uniform Administrative Requirements for Grants and Cooperative Agreements as set forth in Part ID of the Unrform Grant Management Standards adopted by the Governor's Office of Budget and Planning. ARTICLE 28 AUTHORIZED REPRESENTATIVES A. H -GAC hereby designates the person in Exhibit 1, Project Representative, as the individual authorized to give direction to the CONTRACTOR for the purposes of this Agreement. The H -GAC Project Representative shall not be deemed to have authority to bind H -GAC in Agreement unless the EXECUTIVE DIRECTOR of H- GAC has delegated such authority. B. Immediately upon receiving the Purchase Order or Notice of Award, the CONTRACTOR shall identify, as its Project Representative, the person authorized to receive direction from H -GAC, to manage the work being performed, and to act on behalf on the CONTRACTOR. The CONTRACTOR Project Representative shall be deemed to have authority to bind the CONTRACTOR in Agreement unless the CONTRACTOR, in writing, specifically limits or denies such authority to the CONTRACTOR Project Representative. C. Either party may change its Project Representative. In addition, the Project Representative of either party may further delegate his or her authority as necessary, including any delegation of authority to a new Project Special Contract Provisions Page 16 of 16 • Representative. The party making the change in Project Representative shall provide written notice of the change to the other party. D. The CONTRACTOR shall ensure that its Project Representative, or his or her delegate, is available at all times for consultation with H -GAC. Exhibit 1 H -GAC hereby designates the individual named below as the person authorized to receive direction from the TCEQ, to manage the work being performed, and to act on behalf of H -GAC as a Project Representative: Cheryl Mergo, Solid Waste Program Manager Community and Environmental Planning Houston - Galveston Area Council P.O. Box 22777 Houston, Texas 77227 -2777 TEL (713) 9934520; FAX (713) 993 -4503 Email address: cmergo@hgac.cog.tx.us Special Contract Provisions Page 17 of 17 • ATTACHMENT A City of Baytown Project description: The Illegal Dumpsites Surveillance Project is a program-of the City of Baytown Health Department Neighborhood Protection Division. Four officers will be dedicated to the program. The project's goal is "to make a direct and measurable impact in reducing the number of Illegal Dumpsites and the adverse health and environmental effects of illegal dumping and improper waste disposal in the City of Baytown ". Grant funds will be used to purchase surveillance and communication equipment that will help curtails the acts of illegal dumping and the number of illegal dumpsites. The program will also have a public outreach component which will be funded with city dollar. Task I: Determine equipment needs. Performance Measure: Equipment needs will be determined and bid package and specifications developed. Responsibilities: City of Baytown staff will determine needs and specifications will be developed. Timeframe: 1 month Task IL Advertisement for bids on equipment (depending on nurchasiniz reauirements). Performance Measure: Advertisement will be run in various newspapers for bids on equipment. Responsibilities: City of Baytown will request authorization from City Council to advertise for bids on equipment. Advertisements will be run in various newspapers. Bid packages and specifications will be mailed out. Timeframe: 2 months Task III: Select and purchase appropriate equipment. Performance Measure: Equipment will be reviewed that meet the specifications and needs of the Program. Responsibilities: City of Baytown staff will review equipment that meets the requirements and budget limitations. Staff will follow required competitive bidding processes, if required. Timeframe: 3 months Task IV: Place the equipment into use. Performance Measure: The equipment will be put into use. Responsibilities: Equipment will be used to enhance and expand the City of Baytown's local enforcement program. Timeframe: Spring 2003 Operation: On -going upon delivery. Special Contract Provisions • Task V: Train_ Neighborhood_ Protection Officers Performance Measure: City staff will sure officers are properly trained on each piece of equipments. Responsibilities: City staff will conduct training. Timeframe: Spring 2003 • Task VI: Reporting. Performance Measure:. Equipment utilization reports will be included quarterly reports to H -GAC. Responsibilities: H -GAC staff will be responsible for obtaining utilization information and including it in their reports to TCEQ. Timeframe: Quarterly reports to H -GAC for duration of grant cycle. Ongoing Special Contract Provisions ATTACHMENT B- CONTRACT BUDGET 1. Budget Budget Categories H -GAC Solid Waste Grant Funds a. Personnel/Salaries 0.00 b. Fringe Benefits 0.00 c. Travel 0.00 d. Supplies (less than $1,000) 0.00 e. Equipment ($1,000 & over) 13,255.00 f. Construction 0.00 g. Contractual 0.00 h. Other 10,601.00 i. TOTAL $23,856.00 12. Equipment Information. I Four (4) Wireless Bridge /Cisco Aironet 350 ($1,000 each) .............. .........................$4,000 Two (2) network digital cameras (Axis 2320, built in Web server, network connections & wide angle lens) ($1,945 each) . ............................... .....$3,890 ....................... ............................... Two (2) network digital cameras — IR Sensitive ($1,45 each) ........... .........................$3,890 One (1) laptop computer (Toshiba satellite 1800 laptop computer) .. .........................$1,475 3. Other Information. Four (4) Sony CD -Rw units to record video transmission ($129 each ) .........................$516 Four (4) Sisco Aironet Ant4121 antennas to transmit video signals to office computer ($760 each) .................................................................... ............................... .........................$3,040 Four (4) environmentally all- weather designed outdoor enclosures for Axis 2420 camera ($375 each) .................................................................... ............................... .........................$1,500 Two (2) custom built covert metal mounting boxes for deployment of digital cameras in field ($350 each) ........................... ............................... ...................$700 ......... ............................... Twelve (12) Edison based IR spotlight bulbs for use in IR cameras ($165 each) ......$1,980 Two (2) battery UPS battery packs for surveillance at sites where pole power is not possible ($900 each) ................. ............................... ...... . ..................... ............................... .......$1,800 One (1) Sears commercial battery charger ........... ............................... ...........................$350 One (1) Sears battery load tester .......................................................... ............................$65 Two (2) 7.5 amp solar charges for two battery packs while field use ($325 each) ........ $650 Special Contract Provisions