Res 2013-114/Approving an Interlocal Agreement with the CAPCOG for Solid Waste Equipment and Services

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(g). The SUBCONTRACTOR agrees that if a determination is made that any property acquired with funds provided under this Agreement with a current per -unit fair market value of $1,000 or more is no longer needed for the originally authorized purpose, CAPCOG has the right to require disposition of the property by the SUBCONTRACTOR in accordance with the provisions of thisArticle. (h). When, during the useful life of property acquired with grant funds under this Agreement by the SUBCONTRACTOR 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, SUBCONTRACTOR agrees to request disposition instructions from the CAPCOG or, if CAPCOG is no longer administering a Regional Solid Waste Grants Program, the TCEQ. CAPCOG shall, in turn, request authorization from the TCEQ to provide disposition instructions to the SUBCONTRACTOR. 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 SUBCONTRACTOR fails to take appropriate disposition actions, CAPCOG may direct SUBCONTRACTOR to take appropriate disposition actions. The disposition instructions may provide for one of the alternatives asset forth in this Section. 1. Retain title, sell, or otherwise disposed of with no obligation to compensate CAPCOG. 2. Retain title after compensating CAPCOG. If CAPCOG is compensated by the SUBCONTRACTOR for property acquired using funds provided under this Agreement, CAPCOG will in turn compensate the TCEQ or, upon authorization by the TCEQ, use those funds for other projects or activities that support this or similar future programs conducted by the TCEQ. 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. 3. Sell the property and compensate CAPCOG. If CAPCOG is compensated by the SUBCONTRACTOR for property acquired using funds provided under this Agreement, CAPCOG will in turn compensate the TCEQ or, upon authorization by the TCEQ, use those fundsfor other projects or activitiesthat support the goals of this or similar future programs conducted by the TCEQ. The amount due will be calculated by applying CAPCO G's percentage of parti ci pati on i n the cost of the on gi nal 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 SUBCONTRACTOR isdirected to sell property, sales procedures shall be followed that provide for competition to the extent practicable and result in the highest possible return. 4. Transfer title to CAPCOG or to a third -party designated /approved by the TCEQ. If the SUBCONTRACTOR participated financially in the original purchase of the property, the SUBCONTRACTOR 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. CAPCOG FY2012 Solid Waste Interlocal Contract 11