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HomeMy WebLinkAboutContract 26197 Y; rr Main Contract#582-0-83402;Subcontract#01-04-G07 CITY SECRETARY City of Fort Worth—Environmental Collection Center Paint Recycling Project CONTRACT NO . AkLu NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS INTERLOCAL AGREEMENT FOR SOLID WASTE PROJECT This Interlocal Agreement is entered into by and between the parties named below. Neither the TNRCC nor the State of Texas is a party to this Interlocal Agreement. I. CONTRACTING PARTIES: The Funding Agency: North Central Texas Council of Governments Herein referred to as"NCTCOG" The Funds Recipient: The City of Fort Worth Herein referred to as "FUNDS RECIPIENT" II. SERVICES TO BE PERFORMED: For"Environmental Collection Center Paint Recycling Project",the FUNDS RECIPIENT shall complete all work as specified or indicated in"Attachment A-Work Program and Schedule of Deliverables of FUNDS RECIPIENT". III. MAXIMUM FUNDING OBLIGATION: The maximum funding obligation under this agreement shall not exceed: ninety-four thousand,three hundred dollars(94,300). The budget details are in Attachment B. IV. TERM OF CONTRACT: This agreement is effective September 1,2000 and shall terminate August 31,2001. This agreement shall immediately terminate at the end of any state fiscal year for which the Texas Legislature fails to appropriate funds necessary to perform this agreement. V. ADDITIONAL CONTRACT PROVISIONS: See Attachment C -Schedule for Reimbursement and Reporting, Attachment D-Special Provisions,and Attachment E-General Provisions. VI. ENTIRE CONTRACT: This Agreement, including all Attachments, represents the entire Contract between the contracting parties. Any changes or mod'rfications to this Agreement must be in writing. Funds for this subcontract are currently available from the Municipal Solid Waste Disposal and Transportation Revenue Fee(MSWDTRF). Due to demands upon the source MSWDTRF for funds necessary to protect the health and safety of the public, it is possible that the funds contained in the MSWDTRF will be depleted prior to completion of this Agreement. The parties agree that all funding arranged under this Agreement is subject to sufficient funds in the MSWDTRF. The NCTCOG has certified, and the FUNDS RECIPIENT certifies that each has the authority to perform the services contracted for by authority granted in"the Regional Planning Act of 1965",Texas Local Government Code, Chapter 391 and`The Interlocal Cooperation Act,"Texas Government Code, Chapter 791. u(^G�fJD Page 1 40 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth-Environmental Collection Center Paint Recycling Project COUNCIL OF GOVERNMENT FUNDS RECIPIENT North Central Texas Council of Governments "agenc Funds Recipient Signature Signature Mike Eastland Charles Boswell Name Name Executive Director Assistant City Manager Title Title 9Ji3/ov g as Date Date ���I(� ca,L ti �"���-C°M1 S °(fey Page 2 UU. 17'J J�IL`� Wp�LSW. r A EST: O'bP - ,/2,1,/-, , G oris Pearso , Secretary9-11-60 APPROVED AS TO FORM & LEGALITY: Cynthia G rcia/Marcia Wise,Asst.City Attorney M&C C-18150 Contract Authorization Date 0jFVKCMa`-,,i VICOV,00 CO CQI 1?E�QI��E)`v' �Y VL'��J:I C•� UISU`0 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth-Environmental Collection Center Paint Recycling Project LIST OF ATTACHMENTS ATTACHMENT A. WORK PROGRAM AND SCHEDULE OF DELIVERABLES..................................A-1 ATTACHMENT B. BUDGET&DETAILED COST SHEETS......................................................................B-1 ATTACHMENT C. SCHEDULE FOR REIMBURSEMENT AND REPORTING.....................................0-1 ATTACHMENT D. SPECIAL PROVISIONS...................................................................................................D-1 ARTICLE 01. PURPOSE OF AGREEMENT....................................................................................................................D-1 ARTICLE 02. LIMITATIONS AND REPORTING REQUIREMENTS................................................................................D-1 ARTICLE 03. FINANCIAL OBLIGATION.......................................................................................................................D-1 ARTICLE 04. REIMBURSEMENT PROCEDURES..........................................................................................................D-2 ARTICLE 05. BUDGET CATEGORY ADJUSTMENTS....................................................................................................D-3 ARTICLE 06. PROJECT REPORTING REQUIREMENTS...............................................................................................D-3 ARTICLE07. PERFORMANCE MEASURES..................................................................................................................D-4 ARTICLE08. PERSONNEL............................................................................................................................................D-4 ARTICLE09. TRAVEL..................................................................................................................................................D-4 ARTICLE 10. CONSUMABLE SUPPLIES........................................................................................................................D-5 ARTICLE11. EQUIPMENT............................................................................................................................................D-5 ARTICLE 12. CONTRACTUAL EXPENSES....................................................................................................................D-7 ARTICLE13. CONSTRUCTION.....................................................................................................................................D-8 ARTICLE 14. OTHER EXPENSES..................................................................................................................................D-9 ARTICLE 15. INmECT EXPENSES..............................................................................................................................D-9 ARTICLE 16. IN-KIND SERVICESICASH CONTRIBUTIONS........................................................................................D-10 ARTICLE 17. PROJECT CONTACTS...........................................................................................................................D-10 ATTACHMENT E. GENERAL PROVISIONS................................................................................................E-1 ARTICLE 01. ELIGIBLE PROJECT FUNDING RECIPIENTS.........................................................................................E-1 ARTICLE 02. RESPONSIBILITIES OF THE FUNDS RECIPIENT....................................................................................E-1 ARTICLE 03. OVERSIGHT OF SOLID WASTE PASS-THROUGH PROGRAM................................................................E-2 ARTICLE 04. STANDARDS FOR IMPLEMENTATION PROJECTS..................................................................................E-2 ARTICLE 05. MONITORING REQUIREMENTS.............................................................................................................E-6 ARTICLE06. COMPLIANCE WITH APPLICABLE LAWS..............................................................................................E-6 ARTICLE07. UNIFORM GRANT AND CONTRACT MANAGEMENT ACT....................................................................E-6 ARTICLE08. ACCOUNTING SYSTEMS.........................................................................................................................E-6 ARTICLE 09. RELEASE OF CLAIMS.............................................................................................................................E-7 ARTICLE 10. ACCESS/EXAMmnoN OF RECORDS..................................................................................................E-7 ARTICLE11. AUDITS....................................................................................................................................................E-8 ARTICLE 12. INSURANCE AND LIABILITY..................................................................................................................E-8 ARTICLE 13. HAZARDOUS SUBSTANCES,WASTE DISPOSAL AND MANIFESTS.......................................................E-8 ARTICLE14. CONFLICTS OF INTEREST......................................................................................................................E-8 ARTICLE15. SURVIVAL OF OBLIGATIONS.................................................................................................................E-9 ARTICLE 16. CONTRACTUAL COSTS..........................................................................................................................E-9 ARTICLE 17. CHANGES TO INTERLOCAL AGREEMENT............................................................................................E-9 ARTICLE18. SEVERABILITY.....................................................................................................................................E-10 ARTICLE 19. INTELLECTUAL PROPERTY.................................................................................................................E-10 ARTICLE20. CORRESPONDENCE..............................................................................................................................E-11 ARTICLE21. DATA AND PUBLICITY.........................................................................................................................E-11 ARTICLE22. ASSIGNABiLiTY....................................................................................................................................E-11 ARTICLE 23. SUBAGREEMENTS AND SUBCONTRACTS............................................................................................E-11 ARTICLE 24. SUPPLEMENTAL FUNDING STANDARDS......................................................................... .......E-12 ARTICLE 25. THEME PHRASE FOR PUBLIC EDUCATION MATERIALS..................R �p�.w...................�T . .......E-13 ARTICLE 26. IDENTIFICATION OF THE FUNDING SOURCE................................. ..�J�. I.......................:: .........E-14 Main Contract#582-0-83402;Subcontract It 01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project ARTICLE 27. AMERICANS WITH DISABILITIES ACP REQUIREMENT'S...................................................................E-14 ARTICLE28. EMPLOYMENT PRACTICES..................................................................................................................E-14 ARTICLE 29. STATUTES RELATING TO NONDISCRumNATION...............................................................................E-14 ARTICLE 30. UTILIZATION OF SMALL,MINORITY,AND WOMEN'S BUSINESS ENTERPRISES.............................E-14 ARTICLE 31. SAFETY AND PROTECTION..................................................................................................................E-14 ARTICLE 32. ENERGY EFFICIENCY STANDARDS.....................................................................................................E-14 ARTICLE33. FORCE MAJEURE.................................................................................................................................E-15 ARTICLE 34. TERMINATION OF INTERLOCAL AGREEMENT..................................................................................E-15 ATTACHMENT F. DEFINITIONS....................................................................................................................F-1 APPENDIX A. PROJECT REPORT AND FINANCIAL REIMBURSEMENT FORMS APPENDIX B. MISCELLANEOUS Main Contract#582-0-83402; Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Attachment A. Work Program and Schedule of Deliverables Grant funding will be used to subsidize and implement a latex paint recycling program. The Environmental Collection Center will purchase all of the equipment and supplies to initiate a paint recycling program. By recycling the Environmental Collection Center's paint,23 cities will be recycling paint while cutting the disposal rate on a cost per household basis. The Beehive f=oundation,which receives usable latex paint from three major cities in Texas has made it very clear that they can handle and reuse all of the processed latex paint provided by the Collection Center. Also,the TNRCC's HHW coordinator for the State of Texas is finalizing a program with Keep Texas Beautiful to assist cities in reducing the volume of their recycled/usable paint and give it to cities that can use the paint to cover graffiti. Implementing the grant should cut the disposal rate for latex by 30%at the Collection Center. By shipping out all usable quantities of latex paint,the ECC will not pay for the continuous disposal of its largest waste stream. This alliance will benefit the ECC and help cities and counties with the ongoing problem of graffiti abatement. The paint will also be made available for charitable organizations and low income persons in the community through the ECC's Waste Exchange program. TASKS Completion Date Order and receive equipment March 2001 Begin education program March 2001 Installation and set-up of equipment Aril 2001 Testing equipment Aril 2001 Implement program Aril 2001 Evaluation of program August 2001 A-1 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Attachment B. Budget&Detailed Cost Sheets Please fill out this form with the cost breakdown estimates of your proposed project. For line item expenses listed in lines 1 through 9,you also need to fill out and attach the corresponding Detailed Budget Sheet. Do not attach a detail sheet unless there is a cost item listed. Please round costs to the nearest dollar. BUDGET FTEM t GRANT (See d6fin H io ris ori DRtc.iled Bt)Ctrcr AMOUNT IN-KIND CASH TOTAL x�fels REQUESTED SERVICES CONT'RJOUTIONS PROJECT 1. Pcirr-iineV!aI-�hrlfs 522.500 Z Fran ge beneMs 3. Travel 51,800 51,800 4, Su ies 5_ Equipment $45,500 $45,500 6. Construction S7.f1N $7,000 7,. Gc)ntraetuaI(ocher than conrtnic:ticn) 8. Other $40,000 $40,000 TutW direct charges 5t_rrn of 1-8), $94,300 $22,500 $116,800 S IndireM cher es TCJtat est Wm of A-12SCA,3w SA 1 ,B Note: In-kind services should relate only to staff or services directly involved with the proposed project. Cash contributions identified in this project budget will be tracked separately from the in-kind services, with the understanding that if in-kind or cash contributions aria not provided during the term of the grant, NCTCOG may terminate the grant for non-compliance. B-1 r � Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project DETAILED BUDGET SHEET for Line 1,2 and/or 9: PersonneVSalaries/Fringe Benef!Wndirect Rate This budget sheet should be completed if any expenses are entered for Personnel/Salaries on Line 1 of your Project Budget Summary, otherwise omit. In the space below, list the names,and titles of individuals whose salaries will be paid for in all or in part from project funds. Also indicate if funds are for a new or existing employee. If your budget lists fringe benefits (line 2)and indirect costs (line 9),you also must provide the following information: ♦ What is your fringe benefit rate: % ♦ What is your indirect charge rate': 0 'In accordance with the UGMS,indirect charges may be authorized if the applicant has a negotiated indirect cost rate agreement signed within the past 24 months by a federal cognizant agency or by a state single audit coordinating agency. Alternatively,the applicant may be authorized to recover up to 10%of direct salary and wage costs(excluding overtime,shift premiums,and fringe benefits)as indirect costs,subject to adequate documentation. If you have an approved cost allocation plan,please enclose documentation of your approved indirect rate. &2 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Cen� tomer aint Recycling Project DETAILED BUDGET SHEET for Line 3: Project-Funded Travel This budget sheet should be completed if any expenses are entered for travel on Line 3 of your Project Budget Summary,otherwise omit. $ 1.800 In the space below,please itemize the types of travel expenses expected, identifying the parties and purposes involved. In general,all travel is anticipated within the North Central Texas region or within Texas. Please note that any proposed travel outside Texas must be specifically listed and will need specific approval from the NCTCOG in the contract. Attendance of the Solid Waste Association of North America and North American Hazardous Materials Association National Conference in Boston,MA. The conference is a five-day seminar for HHW facility managers to meet and discuss trade ideas,disposal costs,leam of new technology,and find remedies to waste problems throughout the country. Airline Ticket $600 Room and Board(4 nights) $900 Conference Registration $300 B-3 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project DETAILED BUDGET SHEET for Line 4: Project-Funded Supplies This budget sheet should be completed if any expenses are entered for supplies on Line 4 of your Project Budget Summary,otherwise omit. Such expenditures must generally relate to the routine purchase of office supplies (paper, pencils,staple,etc.)or other goods that are consumed in a relatively short period of time in the regular performance of general office activities. (Expenses for food and alcoholic or non-alcoholic beverages are not allowable. Further, items which are not routinely used in conducting normal business over the year, should be listed under the"other"budget category.) In the space below,please make an itemized list of the general types of supplies and their estimated cost you intend to purchase with project funding: B-4 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project DETAILED BUDGET SHEET for Line 5: Project-Funded Equipment This budget sheet should be completed if any expenses are entered for equipment on Line 5 of your Project Budget Summary, otherwise omit. $_45.500 Equipment includes all non-construction related,tangible property having a unit acquisition cost of$1,000 or more,with an estimated useful life of over one-year. All equipment purchases must be pre-approved by the NCTCOG. If the specific details of an equipment purchase are known, list that equipment below. If the specific details of the equipment costs are not known at this time, list as thorough of details as available(i.e. make, model,etc.). Indicate how you obtained an estimate of the cost(vendor bid,catalog price list, industry or market prices). (2) Prodeva 270 Paint consolidation units with feed hoppers and conveyors $40,000 (including installation and delivery) Tipping Can Hopper $ 1,500 Pentium 111 500 Mhz with 10 ghd $ 4,000 B-5 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project DETAILED BUDGET SHEET for Line 6: Project-Funded Construction This budget sheet should be completed if any expenses are entered for construction on Line 6 of your Project Budget Summary,otherwise omit. $ 7.000 All construction projects must be pre-approved by the NCTCOG. Construction costs include facility design, site preparation, and facility construction. Indicate clearly whether construction services are provided by you (project funds recipient)or through subcontracts for outside services. Expenses budgeted under this category should be for costs related to the enhancement or building of permanent facilities. Appropriate costs that may be included are: a. the cost of materials and labor connected to the construction project; b. the cost of equipment attached to the permanent structure;and the cost of planning the project; c. any subcontracts, including contracts for services, performed as part of the construction. All local government municipal laws and regulations, including UGMS,for bidding and contracting for services must be followed. In the space below, please itemize the construction expenses associated with the proposed project, providing as many specifications as possible at this time(please identify any services to be subcontracted): 15'X 15'Storage Building $5,000 15'X 15'Cement Slab for Storage Building $2,000 B-6 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project DETAILED BUDGET SHEET for Line 7: Project-Funded Contractual This budget sheet should be completed if any expenses are entered for contractual services on Line 7 of your Project Budget Summary,otherwise omit. All contractual expenses must be pre-approved by NCTCOG. Expenses included under this category should be for costs for professional services or tasks provided by a firm or individual who is not employed by the grant recipient other than those related to construction. All local government municipal laws and regulations, including UGMS, for bidding and contracting for services must be followed during the project period. Note that any expenses(including legal fees, staff time, travel and communications)related in any way to drafting legislation, lobbying for legislation, or other political activities are not allowable under this program. In the space below, please itemize the contractual expenses associated with the proposed project,providing as many specifications as possible at this time: B-7 Main Contract#582-0-83402; Subcontract#01-04-G07 City of Fort Worth-Environmental Collection Center Paint Recycling Project DETAILED BUDGET SHEET for Item 8: Project-Funded Other Expenses This budget sheet should be completed if any expenses are entered under"other"on Line 8 of your Project Budget Summary;otherwise omit. "Other"expenses are those for items or services which do not readily fit into any of the previous budget categories in this application. If you will have additional"other"expenses, not already listed below, please list those expenses at the bottom of this sheet. If any of the expenses listed below are included in the calculation of your rate for indirect charges,do not list them on this sheet. Postage/delivery Telephone/FAX Utilities $5,000 Printing/reproduction Advertising/public notices Signage Training Office space and equipment rentals Basic office furnishings(desks, chairs, filing cabinets, etc.) Books and reference materials Computer Hardware(under$1000 and not listed under equipment category) Computer Software $35,000 Miscellaneous other expenses (Separately itemize these expenses below.) 55-gallon Drums $26,000 Oil Absorbent $ 2,500 Cubic Yard Boxes $ 2,500 Cotton Gloves $ 500 Aprons $ 500 Goggles& Masks $ 500 Corrugated Card Board Rolls $ 2,500 TOTAL"other"expenses,which should equal the amount entered on $40,000 Line 8 of your budget summary. B-8 � a Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Attachment C. Schedule for Reimbursement and Reporting Reimbursements: Request for Reimbursements shall be submitted by the FUNDS RECIPIENT at least quarterly(even if no funds were spent), but not more frequently than once a month,for reimbursement of actual allowable costs. Request for Reimbursement shall be submitted in accordance with the requirements identified in Attachment D,Article 04,"Reimbursement Procedures"of this Agreement. The final request for reimbursement shall be submitted within thirty(30)calendar days after completion of the project,but not later than thirty(30)days following termination of this Agreement. The final request for reimbursement shall include a release of claims as indicated under Attachment E.Article 09,"Release of Claims"of this Agreement. Reporting: The following represents the reporting schedule for fiscal years 2000/2001 Projects: 1=Y 2001 PROGRESS REPORTS REPORTING PERIOD Quarterly Report#1: December 5,2000 September 1,2000—November 30,2000 Quarterly Report#2: March 5,2001 December 1,2000—February 28,2001 Quarterly Report#3: June 5,2001 March 1,2001 —May 31,2001 Quarterly Report#4: September 5,2001 June 1,2001 —August 31,2001 Follow Up Results Report: One(1)year after September 1,2000—August 31,2002 completion of the project at NCTCOG request. G1 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Attachment D. Special Provisions Article 01. Purpose of Agreement The purpose of this Agreement is to accomplish the goals of House Bill (H.B.) 3072,74"'Texas Legislature (1995),which amends§361.014,Texas Health and Safety Code Annotated. The Bill relates to distributing solid waste fee revenue funds in support of local and regional solid waste projects consistent with the regional solid waste management plan approved by the NCTCOG and TNRCC. This pass-through contract is to perform specific tasks identified by NCTCOG's Resource Conservation Council among several top- ranked local projects during the FY2000 grant cycle. Article 02. Limitations and Reporting Requirements Pursuant to§391 of the Local Government Code,as amended by the 76"'Texas Legislature(1999),funds received under this Agreement will be expended only subject to the limitations and reporting requirements similar to those set forth in this Article: Audit and Reporting Requirements that the FUNDS RECIPIENT annually report to the Governor, §391.0095 of the Local Government Code. FUND RECIPIENT'S Indirect Costs must comply with§391.0015 of the Local Government Code. Restrictions on FUND RECIPIENT'S Travel Cost, §391.0115 of the Local Government Code Restrictions on Use of Alcoholic Beverages, §391.0115 of the Local Government Code. Restrictions on Lobbying and Nepotism, §391.0116 of the Local Government Code. Salary Administration Provisions and Schedules, and Position Classification Schedules, §391.0117 of the Local Government Code. Article 03. Financial obligation The NCTCOG's obligation for expenses authorized under this agreement shall not exceed the maximum amount stated on page 1 of this Agreement. The budget expenses authorized under this Agreement are in Attachment B. The Funds Recipient is responsible for ensuring that expenditure amounts remain within the total budget limits, as set in Attachment B. The Funds Recipient must maintain records and documentation materials consistent with the requirements of this Attachment,the Uniform Grant and Contract Management Act (UGCMA),TEXAS GOVT CODE ANN., §§783.001 et.seq.,and the Uniform Grant Management Standards (UGMS), 1 Texas Administrative Code(TAC), §§5.141 et. seq. (collectively, "UGMS"). The FUNDS RECIPIENT shall also follow up on any problems identified through its financial monitoring program. In consideration of full and satisfactory performance hereunder, NCTCOG will be liable to the FUNDS RECIPIENT in an amount equal to the actual costs incurred (up to the maximum amount stated on page 1 of this Agreement)by the FUNDS RECIPIENT in rendering such performance, subject to the following limitations: (a) NCTCOG is not liable for expenditures made in violation of Attachment E.Article 24 which outlines supplemental funding standards as defined by the Texas Natural Resource Conservation Commission (TNRCC). NCTCOG is not liable for any costs incurred by FUNDS RECIPIENT in the performance of this agreement which have not been billed to NCTCOG within thirty(30)calendar days following termination of this agreement. (b) NCTCOG is not liable to the FUNDS RECIPIENT for costs incurred or performance rendered by FUNDS RECIPIENT before commencement of this agreement or after termination of this agreement. D-1 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project (c) Except as specifically authorized by NCTCOG in writing, NCTCOG is liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in this Agreement,stated guidelines and applicable rules and regulations. (d) Failure on the part of the pass-through FUNDS RECIPIENT to comply with the conditions set forth in this Agreement shall be the basis for termination of the Agreement and/or the revocation of any unexpended or inappropriately expended funds. Article 04. Reimbursement Procedures All payments for approved project expenditures shall be on a cost reimbursement basis only. The NCTCOG reserves the right to withhold or deny payments of funds awarded under this Agreement due to incomplete, incorrect,or inconsistent reports or tasks required under this Agreement, until the FUNDS RECIPIENT satisfactorily completes,revises,or corrects such services or reports. Request for Reimbursement. For expenditures already incurred,the FUNDS RECIPIENT shall submit a request for reimbursement at least quarterly,but no more frequently than once per month, by the tenth(10t) calendar day following the end of each month for which expenditures are claimed(see schedule in Attachment C). The FUNDS RECIPIENT must use the required Request for Reimbursement(Form PT-F2), with appropriate itemized lists(Forms F2-A through F2-E)submitted with an original signature. Copies of the forms are provided in Appendix A. All requests for reimbursement shall provide sufficient documentation: (1) copy of purchase order(s), (2) copy of invoice(s), (3) check number and/or electronic transfer number under which payment was made and, (4) information concerning the costs incurred to enable the NCTCOG to ascertain the eligibility of a particular expenditure to enable subsequent audits. Specific guidelines and requirements are given later in this Attachment for each category of allowed expenditures, in the Articles labeled"Personnel","Supplies","Equipment","Travel",etc. The FUNDS RECIPIENT may account for expenses incurred and request reimbursement of outlays under a cash or accrual basis,as defined and authorized by the UGCMA. Under this Agreement,an eligible reimbursement cost must have been incurred within the time period indicated on the Request for Reimbursement;shall have been already paid;or incurred by the last day of the Agreement period of performance and liquidated no later than thirty(30) days after the end of the Agreement period of performance. Payments. Upon review and approval of each Request for Reimbursement, NCTCOG will make payment to FUNDS RECIPIENT,as soon as practicable. At no time will the amount of total payments exceed the maximum amount of authorized grant funds as specified on page 1 of the Agreement. The Final Request for Reimbursement must be submitted within thirty(30)calendar days of the end of the Agreement period of performance and must include a Release of Claims. D-2 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Article 05. Budget Category Adjustments The FUNDS RECIPIENT may expend funds in excess of those listed for a particular budget category within the approved budget(Attachment B),without requiring an amendment to this Agreement, if: The FUNDS RECIPIENT adheres to all other requirements of this Agreement,concerning obtaining prior written authorization; (a) The cumulative dollar amount of all excess expenditures among direct budget categories is equal to or less than 5%of the total budget amount. (b) Sufficient funds are available in other budget categories to cover the excess expenditures; (c) The transfer will maintain or further the scope and objective of the project as funded by this Agreement. (d) The FUNDS RECIPIENT notifies the NCTCOG as soon as practical of the deviation from the budget categories and not later than with the Financial Report/Request Form submitted after the changes are made. (e) Budget category adjustments/changes for Personnel/Salaries, Equipment, Contractual, Construction and Other expenditures shall require prior written authorization from the NCTCOG. Article 06. Project Reporting Requirements The FUNDS RECIPIENT shall prepare and submit to the NCTCOG, a quarterly written progress report concerning performance under this Interlocal Agreement documenting the accomplishments and units of work performed under the Scope of Services(Attachment A)of this Agreement. The Quarterly Progress Report must be submitted using the forms provided: RR-1 and supplemental detailed forms for this grant's strategy category. The Quarterly Progress Report will be due to the NCTCOG on the days indicated under the Schedule for Reimbursement and Reporting,Attachment C. The FUNDS RECIPIENT'S Quarterly Progress Report shall contain adequate descriptions of all project activities performed in order to allow the NCTCOG to evaluate compliance with the provisions of this project. Performance information concerning timelines in meeting the schedule for required reports will be maintained by the NCTCOG and shared with members of the Resource Conservation Council(RCC): In particular, any legal research and related legal activities shall be clearly detailed in the progress reports in order to assure the NCTCOG that the activities are not prohibited under Attachment E.Article 24 of this Interlocal Agreement(relating to Supplemental Funding Standards). The FUNDS RECIPIENT shall comply with any reasonable request by the NCTCOG for additional information on activities conducted in order for the NCTCOG to adequately monitor the FUNDS RECIPIENT'S progress in completing the requirements of and adhering to the provisions of this Interlocal Agreement. A Final Report shall be provided in conjunction with the final request for payment under this Interlocal Agreement, but in no case later than 30 days after the end of the Interlocal Agreement period. In the Final Report,the FUNDS RECIPIENT shall certify, in writing,the satisfactory completion of all activities and deliverables required under this pass-through agreement. Payments (reimbursements) under this Interlocal Agreement may be withheld by the NCTCOG until such time as any past due progress reports are received. The Final Report shall consist of the same forms used for the Quarterly Progress Report,which includes Form RR-1 and the supplemental detailed forms for this grant's strategy category. The Final Report shall include information on the progress during the last quarter of the project as well as information that is cumulative from the beginning of the project through its completion. The FUNDS RECIPIENT agrees to provide NCTCOG one or more Follow Up Results Reports documenting the continued impact of this funded project beyond the end date of this agreement. The Follow up Results D-3 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Report(s)will be required on a schedule to be provided by NCTCOG,approximately one year after the end of the grant cycle. The Follow up Results Report form will be provided to the FUNDS RECIPIENT. The FUNDS RECIPIENT agrees to provide,throughout the rife of the project,additional reports (as requested by the NCTCOG)to document the project's continued results. Timeliness in completing reporting requirements will be monitored by the NCTCOG and reported to the Resource Conservation Council(RCC). If the FUNDS RECIPIENT'S is not able to submit a scheduled progress report on time,the FUNDS RECIPIENT must contact the NCTCOG Project Representative for a report extension due date prior to the original submittal date. If the FUNDS RECIPIENT fails to submit the Progress Report to NCTCOG's Project Representative upon notice/reminder,this matter will be brought to the attention of NCTCOG's Resource Conservation Council for further resolution. Failure to comply with the requirements of this Article shall constitute a breach of this Interlocal Agreement. Article 07. Performance Measures The timeliness of meeting reporting requirements and completion of the original Work Program will be monitored by the NCTCOG and reported to the Resource Conservation Council(RCC). Performance information will be considered as an evaluation criteria for future Requests for Projects. As such,the FUNDS RECIPIENT is cautioned meet the reporting requirements as outlined in Attachment C of this Interlocal Agreement. Prior written notification must be provided to NCTCOG in the event that the FUNDS RECIPIENT is unable to comply with the reporting requirements. Article 08. Personnel In addition to the pass-through reimbursement request,all outlays that fall within the"Personnel/Salaries" category of the budget shall be itemized by the FUNDS RECIPIENT on Form PT/F2-A. For Personnel/Salaries expenditures,the FUNDS RECIPIENT is expected to maintain signed time sheets that can serve to verify the total,overall hours of staff time directly billed to this Agreement. Payments from funds provided under this Interlocal Agreement for accruals such as vacation,sick leave, severance pay,or other accruals are allowed only for time during which the employee was employed and performing work under this Interlocal Agreement. The Funds Recipient's employee positions covered in this agreement are listed in Attachment B,Budget& Detailed Cost Sheets. The FUNDS RECIPIENT must notify and seek approval from NCTCOG for any changes in personnel whose salaries are funded under this pass-through agreement. Article 09. Travel Only the employees of the FUNDS RECIPIENT assigned to the project should receive reimbursement for travel expenses. All travel for which expenses are claimed must be in connection with the tasks and activities required under this Interlocal Agreement,and shall be in compliance with the State Travel Regulation and Restrictions on Travel Costs as outlined in§391.0115 of the Local Government Code. Except as provided for in this Agreement as indicated under Attachment B of the program budget,the FUNDS RECIPIENT shall obtain prior written authorization from the NCTCOG for reimbursement from the travel expense budget category of any travel expenses for persons not employed by the FUNDS RECIPIENT,and for travel by any employee not included in Attachment B of the program budget. Out-of-state travel should not normally be allowed and will require prior written approval from NCTCOG and TNRCC,prior to the travel event. In order for travel expenses to be reimbursed under the conditions of this Agreement,the FUNDS RECIPIENT shall comply with the State Travel Regulations as required by Section D-4 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth-Environmental Collection Center Paint Recycling Project 33,Article IX, H.B. 1, and any Restrictions on Travel Costs as outlined in§391.0115 of the Local Government Code. Documentation should,at a minimum, be consistent with the State Travel Regulations and any Restrictions on Travel Cost. The purpose of the travel shall be documented and supported with any of the appropriate records, such as automobile mileage totals for the reporting period (gasoline receipts will not be accepted for privately owned vehicles),actual receipts for hotel accommodations, public transportation receipts,airline receipts, meal receipts, etc. The reimbursement request must include the itemization of travel expenses on Form PT/F2-A.The FUNDS RECIPIENT is not required to submit a daily or incidental mileage log as a part of Form PT/F2-A, however, mileage trip logs documenting amount of miles traveled per day or per trip, destination,and purpose of trip must be maintained by the FUNDS RECIPIENT as part of the FUNDS RECIPIENT'S records. Such mileage logs must be made available upon request by the NCTCOG or the TNRCC. Article 10. Consumable Supplies Expenses shall be for non-construction related costs for goods and materials having a unit acquisition cost (including freight)of less than$1,000. Such expenditures shall generally relate to the routine purchase of office supplies(paper, pencils, and staplers)or other goods which are consumed by the FUNDS RECIPIENT in a relatively short period of time, in the regular performance of the general activities funded under this Interlocal Agreement. FUNDS RECIPIENT is expected to conform to the appropriate bid process for purchases according to the FUNDS RECIPIENT'S own internal policies and procedures. Non-routine expenditures of goods and materials, not failing under the definition of Supplies, should be charged to the"Other" Expense Category. Supporting documentation shall include whatever is necessary to show that the work was performed and the expense incurred. Supporting documentation for reimbursement must include verification that the cost has been paid by the FUNDS RECIPIENT, a copy of the purchase order(ff issued)and a copy of the invoice. A request for reimbursement for supplies must include itemized expenses on Form PT/F2-D. Article 11. Equipment For the purposes of this Agreement,equipment is defined as items with a unit acquisition cost of$1,000 or greater. All equipment expenses are subject to prior approval by NCTCOG before purchase. Subject to the obligations and conditions set forth in this Agreement,title to real property and equipment (together hereafter referred to in this Article as"property")acquired under this Agreement by the FUNDS RECIPIENT will vest upon acquisition or construction. Subject to the provisions of this Agreement and as otherwise provided by state statutes, property acquired or replaced under this Agreement shall be used for the duration of its normally expected useful life to support the purposes of this Agreement whether or not the original projects or programs continue to be supported by state funds. The FUNDS RECIPIENT shall not allow to a third parry a security interest in any original or replacement property purchased or constructed with funds made available to the FUNDS RECIPIENT under this Agreement. 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 the TNRCC 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 D-5 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project 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. The FUNDS RECIPIENT 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 FUNDS RECIPIENT is not in place or is not used property,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 FUNDS RECIPIENT 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 FUNDS RECIPIENT shall include adequate safeguards to prevent loss,damage,or theft of the acquired property. Any loss, damage,or theft shall be investigated. The FUNDS RECIPIENT 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 FUNDS RECIPIENT 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 FUNDS RECIPIENT'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. The FUNDS RECIPIENT 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. The FUNDS RECIPIENT 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,the TNRCC has the right to require disposition of the property by the FUNDS RECIPIENT in accordance with the provisions of this Article. When during the useful life of property acquired with grant funds under this Agreement by the FUNDS RECIPIENT 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 FUNDS RECIPIENT agrees to request disposition instructions from the TNRCC. When property acquired by a FUNDS RECIPIENT with grant funds provided by the TNRCC under this Agreement is no longer needed for the originally authorized purpose,the FUNDS RECIPIENT agrees that a pass-through grant contract will require the NCTCOG to request disposition instructions from the FUNDS RECIPIENT or, if the NCTCOG is no longer administering a Regional Solid Waste Grants Program,the TNRCC. The NCTCOG shall, in tum, request authorization from the TNRCC to provide D-6 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project disposition instructions to the FUNDS 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 FUNDS RECIPIENT fails to take appropriate disposition actions,the TNRCC may direct the NCTCOG 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 the TNRCC or, in the case of a FUNDS RECIPIENT. • Retain title after compensating the TNRCC or, in the case of a pass-through grant recipient,the NCTCOG. If the NCTCOG is compensated by a FUNDS RECIPIENT for property acquired using funds provided under this Agreement,the NCTCOG will in tum compensate the TNRCC or, upon authorization by the TNRCC, use those funds for other projects or activities that support this or similar future programs conducted by the TNRCC. 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 the TNRCC or, in the case of pass-through grant recipient,the NCTCOG. If the NCTCOG is compensated by a FUNDS RECIPIENT for property acquired using funds provided under this Agreement,the NCTCOG will in turn compensate the TNRCC or, upon authorization by the TNRCC, use those funds for other projects or activities that support the goals of this or similar future programs conducted by the TNRCC. The amount due will be calculated by applying the TNRCC'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 FUNDS RECIPIENT 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 the TNRCC or, in the case of a pass-through grant recipient,the NCTCOG, or to a third- party designated/approved by the TNRCC. If the FUNDS RECIPIENT participated financially in the original purchase of the property,the FUNDS RECIPIENT may be authorized payment from the receiving party of an amount calculated by applying the percentage of the participation in the original purchase of the property to the current fair market value of the property. Items of property with a current per-unit fair market value of less than$1,000 may be retained,sold or otherwise disposed of by the FUNDS RECIPIENT with no further obligation to the TNRCC. Methods used to determine per-unit fair market value must be documented, kept on file and made available to the TNRCC upon request. Article 12. Contractual Expenses No contractual expenditures are eligible for reimbursement under this Agreement, unless such contracts' scope of work has been approved ahead of time, in writing, by the NCTCOG. Any amendments to the FUNDS RECIPIENT'S subcontract authorization for reimbursement under this Agreement,whether or not such subcontract required NCTCOG's pre-approval,which will result in or require substantive changes to any of the tasks required to be performed under this Agreement, must be approved in writing by the NCTCOG. D-7 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Uenter Paint Recycling Project Examples of contractual expenses include professional(subcontracted)services, including household hazardous waste(HHW)site set-up,and material handling, manifesting,and transportation. The FUNDS RECIPIENT is expected to conform to the appropriate bidding and contracting laws and regulations according to the FUNDS RECIPIENT'S own internal policies and procedures. In addition,the FUNDS RECIPIENT is required to maintain documentation that the costs incurred for contractual expenses(including subcontract expenses)were reasonable and necessary. Please note the specific guidance applicable to project restrictions,especially regarding projects which require permit or registration(see Attachment E.Article 04,Standards for Implementation Projects;and Attachment E.Article 24,Supplemental Funding Standards). All outlays that fall within the"Contractual"category of the budget(Attachment B)shall be itemized by the FUNDS RECIPIENT on Form PT/F2-B,to accompany the Request for Reimbursement(Form PT-F2). In addition,the FUNDS RECIPIENT shall attach,for each item listed,legitimate documentation that(1)further identifies the specific cost; (2)clearly identifies the vendor or subcontractor who provided the materials or services;and(3)confirms the reimbursable materials listed. The attached supporting documentation shall be a purchase order marked"received/paid"or an invoice similarly marked and a copy of the check under which payment for the expense was made. In the case of subcontractor services,the supporting documentation shall consist of a dated invoice marked"received/paid" showing the amount billed to the FUNDS RECIPIENT,indicating any"past due"amount from previous invoices and a copy of the check. Article 13. Construction Expenses budgeted under this category should be for costs related to the enhancement or building of permanent facilities. For example,facility design,site preparation and facility construction, including slabs, paving,awning,attendant shelters and sanitation facilities,fencing and lighting,and containment berms,and platform truck scales and electronic data-recording equipment. The FUNDS RECIPIENT shall obtain and pay for all construction permits and licenses. In addition,the FUND RECIPIENT shall pay all charges of utility owners for connections to the work and for charges associated with capital costs related thereto,such as plant investment fees. The FUNDS RECIPIENT is expected to conform to the appropriate bidding process according to the FUNDS RECIPIENTS own internal policies and procedures. In addition,the FUNDS RECIPIENT is required to maintain documentation to support that the cost incurred were reasonable and necessary. Appropriate costs that may be included are: a. The costs of planning the project. b. The cost of materials and labor connected to the construction project. c. The cost of equipment attached to the permanent structure;and d. Any subcontracts,including contracts for services,performed as part of the construction, i.e. landfill scale installation expenses. All outlays that fall within the"Construction"category of the budget shall be itemized by the FUNDS RECIPIENT on Form PT/F2-C,to accompany the Request for Reimbursement(Form PT-F2). In addition, the FUNDS RECIPIENT shall attach,for each item listed,legitimate supporting documentation that(1)further identifies the specific cost; (2)clearly identifies the vendor or subcontractor who provided the materials or services;and(3)confirms the reimbursable materials listed. The attached supporting documentation shall be a copy of the purchase order marked"received/paid",or an invoice similarly marked and a copy of the check that payment was provided under. In the case of subcontractor services,the supporting documentation shall consist of a dated invoice showing the amount billed to the FUNDS RECIPIENT and any M Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth-Environmental Collection Center Paint Recycling Project "past due"amount from previous invoices marked"received/paid"indicating the check number that payment was provided under. In addition,the FUNDS RECIPIENT is subject to all the requirements related to Title to Equipment and Construction Facilities, as listed in Attachment D.Article 11, Equipment. Article 14. Other Expenses No expenses under the"Other'budget category, including computer hardware or software purchases not included under the"Equipment"budget category,shall be eligible for reimbursement under this Agreement, unless approved ahead of time, in writing, by the NCTCOG. The "Other"expenses as identified in Attachment B of the program budget are allowed. The restrictions set forth in the Uniform Grant and Contract Management Standards apply. All expenses budgeted under this "Other"category shall be itemized by the project funds recipient when requesting reimbursement. Some expenses that may be appropriate include: a. Postage/delivery g. Office S ace b. Telephone/FAX h. Basic Office Furnishings c. Utilities i. Legal Costs d. Printing/Reproduction '. Vehicle Maintenance e. Advertising/Public notices k. Any others I. Signage The expenses under this budget category, unless specifically identified in Attachment B, Budget& Detailed Cost Sheets, must receive NCTCOG's written approval prior to purchase. Again,for these"other" expenditures, documentation for reimbursement must show that the expenses were incurred (a copy of the check), and shall include purchase orders if issued and/or invoices, or receipts marked"received/paid". Any request for reimbursement must include an itemization of the expenses, using Form PT/F2-D. Article 15. Indirect Expenses Indirect costs rates under this Agreement shall comply with all provisions of§391.0115 of the Texas Local Government Code relating to the restrictions on commission costs,and the FUNDS RECIPIENT shall advise the NCTCOG in writing in the event such compliance will necessitate a reduction or other change to the indirect cost rate(s)set forth in the budget identified under Attachment B, Budget& Detail Cost Sheets. The Indirect Cost Rate(s) included under Attachment B, Budget and Detailed Cost Sheets, shall remain in effect subject to formal approval by either a Federal Cognizant Agency,a State Coordinating Agency based on a recent audit performed by an independent auditor,or another funding entity,that specifically examines and reports the indirect cost rate for the FUNDS RECIPIENT accounting period(s)covered under this Agreement. The FUNDS RECIPIENT agrees to reimburse the NCTCOG any overpayments received as a result of any final audit finding. In the event that the FUNDS RECIPIENTS Federal Cognizant Agency,or State Coordinating Agency approves, prior to the termination date of this Agreement, determines a final audited indirect cost rate which is different from the indirect rate set forth in this Agreement,the FUNDS RECIPIENT and the NCTCOG may negotiate a new contract budget and incorporate such into this Agreement by way of a contract change. Nothing in this section, or the results of any indirect cost audit or final indirect cost rate approval,shall cause the NCTCOG to owe the FUNDS RECIPIENT more than the FUNDS RECIPIENT amount shown in the budget set forth in Attachment B. D-9 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Article 16. In-kind services/Cash Contributions In reference to performance under this Interlocal Agreement, In-kind Services shall be for staff or services directly involved with the work related activities as defined in the approved work plan. A cash contribution is a monetary contribution to the project budget provided by the FUNDS RECIPIENT. In-kind Services and Cash Contributions as defined in the approved Project Budget,will be tracked separately with the understanding that in the event that such services and/or contributions are not provided during the term of this Agreement, the NCTCOG may terminate the Interlocal Agreement for non-compliance. The FUNDS RECIPIENT shall track In-kind Services and Cash Contributions separately and shall itemize those costs on the required Form PT/F2-E,which shall be submitted with each Request for Reimbursement (Form PT-F2). Article 17. Project Contacts The NCTCOG hereby designates the person in Article 17of this Attachment,as the individual authorized to give direction to the FUNDS RECIPIENT for the purposes of this Interlocal Agreement. The NCTCOG Project Representative shall not be deemed to have authority to bind the NCTCOG in contract unless the EXECUTIVE DIRECTOR of the NCTCOG has delegated such authority. The FUNDS RECIPIENT shall identify,as its Project Representative,the person authorized to receive direction from the NCTCOG,to manage the work being performed,and to act on behalf of the FUNDS RECIPIENT. The FUNDS RECIPIENT'S Project Representative shall not be deemed to have authority to bind the FUNDS RECIPIENT in contract unless the FUNDS RECIPIENT,in writing,specifically specifies such authority to the NCTCOG. 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 Representative. The party making the change in Project Representative shall provide written notice of the change to the other party. The NCTCOG hereby designates the individual below as the person to give direction to the FUNDS RECIPIENT as Project Representative of NCTCOG: Stephanie Sneed,Environmental Planner PO Box 5888 616 Six Flags Drive,Suite 200 Arlington,Texas 76005-5888 TEL(817)608-2360 FAX(817)695-9191 Email: ssneed@dfwinfo.com The FUNDS RECIPIENT hereby designates the individual named below as the person authorized to receive direction from the NCTCOG,to manage the work being performed,and to act on behalf of the FUNDS RECIPIENT as a Project Representative: Brian Boerner, Director—Department of Environmental Management The FUNDS RECIPIENT designates the following location for record access and review: City of Fort Worth 6400 Bridge Street Fort Worth,TX 76112 D-10 Main Contract#582-0-83402;Subcontract#01-04607 City of Fort Worth—Environmental Collection Center Paint Recycling Project Attachment E. General Provisions Article 01. Eligible Project Funding Recipients Only those local and regional political subdivisions located within the State of Texas as listed below are eligible to receive funding from the NCTCOG as a pass-through grant: (1) Cities; (2) Counties; (3) Public schools through their school districts and school districts (does not include Universities or post secondary educational institutions); and (4) 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. (5) Councils of Government. Local and regional political subdivisions that are subject to the payment of state solid waste disposal fees and whose fee payments are in arrears, as determined by the Texas Natural Resource Conservation Commission, are not eligible to receive pass-through grant funding from the NCTCOG. The Texas Natural Resource Conservation Commission shall provide, on a quarterly basis,the NCTCOG a list of entities for which fee payments are in arrears. The NCTCOG shall allow a potential pass-through grant applicant that is listed as being in arrears in its fee payments the opportunity to provide documentation of payment of the fees owed to the state. If the potential applicant provides the NCTCOG with documentation of payment of the fees, such as a canceled check or receipt from the state,or waiver of the fee in question,the NCTCOG may consider that applicant to be eligible to receive pass-through grant funding under this agreement. Article 02. Responsibilities of the Funds Recipient The FUNDS RECIPIENT shall be responsible for the professional quality,technical accuracy,timely completion and the coordination of all services and other work furnished by the FUNDS RECIPIENT under this Agreement. The FUNDS RECIPIENT shall perform such services as may be necessary to accomplish the work required under this Agreement, in accordance with the FUNDING AGENCY and contractual requirements and any and all applicable law. The NCTCOG may require the FUNDS RECIPIENT to correct and revise any errors,omissions or other deficiencies in any reports or services provided by the FUNDS RECIPIENT to ensure that such reports and services fulfill the purposes of this Agreement. The FUNDS RECIPIENT shall make the required corrections or revisions without additional cost to the NCTCOG. Neither the NCTCOG's review, approval or acceptance of, nor payment for any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement;and the FUNDS RECIPIENT shall be,and remain liable in accordance with applicable law for all damages to the NCTCOG,including reasonable attorney's fees and court costs caused by the FUNDS RECIPIENT'S negligent performance of any of the services furnished under this Agreement. The obligations of the FUNDS RECIPIENT under this Article are in addition to the FUNDS RECIPIENT'S other express or implied assurances under this Agreement or applicable law. E-1 d ` Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Article 03. Oversight of Solid Waste Pass-through Program NCTCOG staff,through its designated Project Representative is responsible for managing the pass-through implementation program,for negotiating the work scope of services,the budget,and the term of the contract. NCTCOG staff will review and authorize requests for reimbursement; review progress reports and undertake site visits. In addition, NCTCOG's Resource Conservation Council(RCC),the Solid Waste Advisory Committee under the Executive Board,will oversee the comprehensive grant implementation project, assure compliance with state requirements and achievement of regional objectives. Other oversight duties of the RCC will include arbitration of projects as necessary and review and approval of key contract amendments. Article 04. Standards for Implementation Projects The following standards and limitations apply to all implementation project activities funded under this Agreement. The FUNDS RECIPIENT is responsible for ensuring compliance of these standards in the following project categories. Local Enforcement. This category consists of projects that 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. Funding limitations specific to this category are set forth in this Section. • Funds provided under this Agreement may not be used for enforcement activities related to the illegal disposal of industrial or hazardous waste. Instances where industrial or hazardous waste may be discovered at an investigation site do not preclude the general investigation of that site,so long as the funded program is specifically aimed at the illegal disposal of municipal solid waste. • Funds provided under this Agreement may not be used for either the cleanup of illegal disposal sites or the transportation and/or disposal of wastes collected at those sites. Note that while this restriction applies to ongoing enforcement programs dealing with illegal dumping, general community cleanup events that may include the cleanup and transportation of general litter and materials may be authorized under a separate category. Source Reduction and Recycling. This category includes projects that provide a direct and measurable effect on reducing the amount of municipal solid waste going into landfills, by diverting various materials from the municipal solid waste stream for reuse or recycling,or by reducing waste generation at the source. 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. Funding limitations specific to this category are set forth in this Section. • Programs and projects funded under this category shall have as a goal and be designed to provide a measurable effect on reducing the amount of municipal solid waste being disposed of in landfills. E-2 Main Contract#582-0-83402; Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project • Any program or project aimed at demonstrating the use of products made from recycled and/or reused materials shall have as its primary function the education and training of residents, governmental officials,and others, in order to encourage support for recycling efforts. • Programs aimed at efficiency improvements in a local government's solid waste management system to increase the source reduction of solid waste must be coordinated with the TNRCC. Any program to develop a full-cost accounting system shall utilize the full-cost accounting guidance prepared by the TNRCC. • Projects funded under this Agreement may not include programs dedicated to the collection and/or recycling of automotive wastes,to include scrap tires, used oil,oil filters, antifreeze,or lead-acid batteries. This restriction includes the purchase of equipment to shred or split scrap tires. However,this restriction does not apply to the ancillary collection of these materials as part of a comprehensive Household Hazardous Waste Collection facility or program. Local Solid Waste Management Plans. This category includes projects to develop and have adopted by the TNRCC a local solid waste management plan, in accordance with Subchapter D, §363 of the Texas Health&Safety Code,as implemented by TNRCC rule,30 TAC Chapter 330, Subchapter O.,or to amend an existing local solid waste management plan that has been adopted by the TNRCC. Funding limitations applicable to this category are set forth in this Section. • The local planning area must be consistent with one or a combination of local solid waste management planning sub-regions identified by the NCTCOG in the regional solid waste management plan. • All local solid waste management plans shall be consistent with the adopted regional solid waste management plan, and prepared in accordance with Subchapter O of the TNRCC Municipal Solid Waste regulations(30 TAC Chapter 330)and the Content and Format Guidelines provided by the TNRCC. • Funding provided under this category may not be used for final engineering work,designs,or construction plans. • At least one year should be allowed for the completion and adoption of the local plan. 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 TNRCC Municipal Solid Waste regulations (30 TAC Chapter 330, §330.2). Municipal Solid Waste Transfer Stations that qualify for 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. Funding limitations specific to this category are set forth in this Section. • Transfer stations requiring a permit from the TNRCC may not be funded. • Municipal solid waste transfer stations that qualify for registration under§330.4(d)(1)- (3) of the Municipal Solid Waste regulations may be funded. • Transfer stations that qualify for a registration solely due to their location within a permitted municipal solid waste facility, under§330.4(d)(4), may not be funded. E-3 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project • Municipal solid waste transfer stations that qualify for a registration only under the provisions of§330.4(q) of the Municipal Solid Waste regulations allowing for registration of facilities that recover 10%or more of the waste stream for reuse or recycling,but not also under the provisions of§330.4(d)of the Municipal Solid Waste regulations, may not be funded. However,those components of a transfer facility dedicated to the reuse or recycling activities may qualify for funding under the source reduction and recycling grant category. • Municipal Solid Waste transfer stations that are used only in the transfer of grease trap waste,grit trap waste,septage,or other similar liquid waste,and which qualify for registration under§330.4(r)of the Municipal Solid Waste regulations may be funded under this category. Specifically,§330.4(r)of the regulations allows for registration of a liquid waste transfer facility that will receive 32,000 gallons a day or less. • Only the costs necessary to construct the facility and/or purchase and install necessary equipment may be funded. Costs associated with operating a facility once it is completed may not be funded. • Transfer stations that require a registration must have already received that registration from the TNRCC before a grant may be awarded. Household Hazardous Waste Management. This category includes projects that provide a means for the collection, recycling or reuse,and/or proper disposal of household hazardous waste, including household chemicals and other materials. Projects may include collection events,consolidation and transportation costs associated with collection activities, permanent collection facilities,and education and public awareness programs. Funding limitations specific to this category are set forth in this Section. • Projects under this category must be coordinated with the TNRCC to ensure that all applicable regulations and guidelines are followed. • Funds provided under this Agreement may not be used for costs related to the disposal of collected wastes. • Funds provided under this Agreement may not be used for programs and activities related to the collection and management of commercial, industrial,and hazardous wastes. • Funds provided under this Agreement may not be used for programs and activities solely related to the management of scrap tires,used oil,oil filters, antifreeze,lead-acid batteries,or other special wastes excluded from disposal in municipal solid waste landfills. However,collection of these materials may be included as part of a comprehensive Household Hazardous Waste collection and management program, so long as that is not the sole intent of the program. Installation of Scales at Municipal Solid Waste Landfills. This category includes projects for the installation of scales and related equipment for the operation of those scales at a municipal solid waste landfill. Projects under this category may include design and engineering work,purchase and installation of scales and related equipment,site improvements necessary for equipment installation,and the purchase and installation of computer hardware and software necessary to operate the scales. Funding limitations specific to this category are set forth in this Section. • Funds may not be used for the operation of a scales system,once the system is in place. • Funds may only be used for those costs directly related to the scales system. Ancillary equipment or facilities,such as a gatehouse,fencing, landfill entrances or road work,and other similar activities may not be funded unless they are clearly necessary for the installation and operation of the scales. E-4 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project • Onboard truck scales for solid waste collection vehicles are not eligible for funding. 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 and boundaries of closed municipal solid waste landfills in support of the regional solid waste landfill inventory program. Funding limitations specific to this category are set forth in this Section. • All technical studies shall be consistent with the adopted regional solid waste management plan, and prepared in accordance with the Content and Format Guidelines provided by the TNRCC. • Funding may not be used for final engineering work,designs,or construction plans. • A landfill or landfilling may be the topic of a technical study only if it is part of an overall, integrated solid waste management system. However, this restriction does not apply to research related to an inventory of closed municipal solid waste landfill sites. Community Cleanup Events. This category includes projects to support periodic community cleanup activities,to include Lake and River Cleanup events and the TNRCC's Texas Country Cleanup program. Projects included under this category may include general community cleanup events designed to involve the residents and community in periodic cleanup of litter and trash within the community. In addition, projects may include Lake and River Cleanup events conducted in close coordination with the TNRCC's Lake and River Cleanup program. These events include periodic events involving the community to clean up litter and trash along the states rivers and lakes. Finally, projects may be conducted to support Texas Country Cleanups conducted in cooperation with the TNRCC's Texas Country Cleanup program to collect empty, properly rinsed pesticide containers, batteries,tires, used oil,and oil filters in rural areas which have historically had limited options in handling these types of waste. Funding limitations specific to this category are set forth in this Section. • Funding under this category is for periodic events involving residents and the community to clean up litter and to collect materials for recycling. Funds provided under this Agreement may not be provided for ongoing activities aimed at cleanup of chronic illegal dumping sites, major debris removal from waterways,and similar activities that go beyond the scope of general community cleanup activities. • Lake and River Cleanups and Texas Country Cleanups shall be closely coordinated with the appropriate TNRCC cleanup program staff. Prior to developing a proposal for these events,the applicant shall contact the TNRCC program staff to discuss potential program activities. Lake and River Cleanup programs shall be coordinated with the appropriate local or state Keep Texas Beautiful organization, which is coordinating the Lake and River Cleanup program under contract with the TNRCC. • Agricultural or household chemicals shall not be accepted under this program, unless a portion of the grant is also designated for a household hazardous waste collection event, in accordance with the standards and procedures under the Household Hazardous Waste project category. • Funds may not be used for the disposal of collected wastes. 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" E-5 + s Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental CollectionenG ter Paint Recycling Project 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. Funding limitations specific to this category are set forth in this Section. • Programs and projects funded under this category shall be primarily related to issues involved in the management of municipal solid waste. Education or training events that cover a broader range of environmental issues may be funded on a partial basis appropriate to the extent to which municipal solid waste issues are covered. Article 05. Monitoring Requirements NCTCOG shall conduct periodic analysis of FUNDS RECIPIENT'S performance under this Interlocal Agreement for the purpose of assessing the degree to which contractual objectives and performance standards, as identified in this Interlocal Agreement or as subsequently amended,are achieved by the FUNDS RECIPIENT. NCTCOG may periodically monitor the FUNDS RECIPIENT for: (1) The degree of compliance with the terms of this Interlocal Agreement, including compliance with applicable rules, regulations,and promulgations referenced herein;and (2) The administrative and operational effectiveness of the project. NCTCOG Project Representative must visit the FUNDS RECIPIENT facility and certify in writing that equipment is on site in order for FUNDS RECIPIENT to receive reimbursement for equipment expenditures. Article 06. Compliance with Applicable Laws The FUNDS RECIPIENT shall,except as otherwise provided in this Agreement, be responsible for giving notices,obtaining any necessary licenses and permits,complying with all provisions of this Agreement, including,but not limited to, all applicable State, Municipal and Local laws,ordinances, rules, regulations and order of any public authority, in connection with the work required by this Agreement. The main governing standards include, but may not be limited to,the following: (1) §361.014.TEX. HEALTH and SAFETY CODE ANN. (as amended by H.B.3072, 741'Texas Legislature); (2) §330.569 of the TNRCC Municipal Solid Waste Regulations(30 TAC Chapter 330);and (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,"UGCMA"). If the FUNDS RECIPIENT or NCTCOG observes that this Interlocal Agreement is at variance in any respect, the observing party shall promptly notify the other party in writing,and any necessary changes shall be adjusted by appropriate Interlocal Agreement modification. Article 07. Uniform Grant and Contract Management Act The provisions of the Uniform Grant and Contract Management Act("UGCMA")apply to this Agreement to the extent required by law. Article 08. Accounting Systems E-6 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project The FUNDS RECIPIENT shall have an accounting system that 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 FUNDS RECIPIENT must account for costs in a manner consistent with such standards or principles. Article 09. Release of Claims Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work,or prior to settlement upon termination of this Agreement,and as a condition to final payment/settlement,the FUNDS RECIPIENT shall execute and deliver to the NCTCOG a release of all claims against the NCTCOG arising under or by virtue of this Agreement. Article 10. Access/Examination of Records The FUNDS RECIPIENT shall maintain and make available for review, inspection and/or audit books, records, documents,and other evidence reasonably pertinent to performance on all work under this Agreement, including but not limited to, negotiated changes or amendments thereto, in accordance with accepted professional practice,appropriate accounting procedures and practices at the FUNDS RECIPIENT'S office. During the conduct of any such review,audit or inspection,the FUNDS' RECIPIENT'S books, records, and other pertinent documents may, upon prior conference with the FUNDS RECIPIENT, be copied by NCTCOG. All such information shall be handled by the parties in accordance with good business ethics. The FUNDS RECIPIENT shall provide proper facilities for such access and inspection. The FUNDS RECIPIENT shall also maintain and make available at its designated location the financial information and data used by the FUNDS RECIPIENT or its designee(including independent financial auditors) in the preparation and support of any cost submission or cost (direct and indirect), price or profit analysis for this Agreement or any negotiated Sub-Agreement or change order, and a copy of the cost summary shall be submitted to the NCTCOG. The NCTCOG, or any of its duly authorized auditors or representatives, shall have access to such books, records, documents,and other evidence for the purpose of review,audit or inspection. The records to be thus maintained and retained by FUNDS RECIPIENT shall include (without limitation): (1) personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of FUNDS RECIPIENT'S employees working full or part time on the work, as well as canceled payroll checks or signed receipts for payroll payments in cash; (2) invoices for purchases, receiving and issuing documents, and all other unit inventory records for FUNDS RECIPIENT'S stocks or capital items;and (3) paid invoices and canceled checks for materials purchased, subcontractor costs, and/or and any other third parties'charges. Records under section (a) above shall be maintained and made available during the entire period of performance of this Agreement and until three (3)years from the date of the final NCTCOG payment for the project. In addition,those records which relate to any dispute, litigation,or the settlement of claims arising out of such performance,or costs or items to which an audit exception has been taken, shall be maintained and made available until completion of such action and resolution of all issues which arise from it, or until the end of the three-year period,whichever is later. Access to records is not limited to the required retention periods. The authorized representatives designated in Attachment D,Article 17 of this Interlocal Agreement shall have access to records at any reasonable time E-7 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project for as long as the records are maintained. Access to records applies to financial records pertaining to all subagreements and related changes,to the extent the records reasonably pertain to subagreement performance; if there is any indication that fraud,gross abuse or corrupt practices may be involved;or K the subagreement is terminated for default or for convenience. The NCTCOG reserves the right to require reimbursement of any over-payments determined as a result of any audit or inspection of records kept by the FUNDS RECIPIENT on work performed under this Agreement. Article 11. Audits The FUNDS RECIPIENT shall engage an independent financial auditor and conduct an annual audit of the FUNDS RECIPIENT financial statements in accordance with the Single Audit provisions of the USMS and those listed in this Article. The FUNDS RECIPIENT shall deliver to the NCTCOG each audit report within fifteen(15)calendar days of completion of the audit report. The FUNDS RECIPIENT is responsible for including the Single Audit requirements in all sub-agreements and shall be responsible for insuring adherence to those requirements by all subgrantees and subcontractors. All terms used in connection with audits in the Agreement shall have the definitions and meanings assigned in the Single Audit Circular in the UGMS. Provisions of the Single Audit Circular in Part IV of the UGMS shall apply to all non-state entities expending the funds of this grant,whether they are recipients, receiving the funds directly from the NCTCOG or are subrecipients, receiving the funds from a pass-through entity(a recipient or another subrecipient). In addition,the FUNDS RECIPIENT shall require the independent auditor to supply all audit work papers substantiating the work performed,at the request of the NCTCOG or its designee. Audits shall be in accordance with State law, regulations and policy,and generally accepted auditing standards and established procedures and guidelines of the reviewing or audit agency(ies). Article 12. Insurance and Liability The FUNDS RECIPIENT understands and agrees that it shall be liable to repay and shall repay upon demand to NCTCOG any amounts determined by NCTCOG, its independent auditors,or any agency of state government any funds which have been paid in violation of the terms of this Agreement. Article 13. Hazardous Substances,Waste Disposal and Manifests The FUNDS RECIPIENT shall comply with all applicable laws and regulations, including but not limited to, those relating to hazardous substances,waste disposal,and manifests. The FUNDS RECIPIENT shall ensure that the same requirement will be incorporated into subagreements and/or subcontracts awarded under the provisions of this Agreement. Article 14. Conflicts of Interest No employee,officer or agent of the FUNDS RECIPIENT shall participate in selection,or in the award or administration of a contract supported by State funds,if a conflict of interest, real or apparent,would be involved: (1) The employee,officer or agent. (2) Any member of his immediate family. E-8 r - Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth-Environmental Collection Center Paint Recycling Project (3) His or her partner. (4) An organization which employs, or is about to employ any of the above. Such a conflict arises when any of the above has a financial or other interest in the subcontractor selected. The officers,employees or agents will neither solicit nor accept gratuities,favors or anything of monetary value from contractors, potential contractors,or parties to subcontractors. To the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violation of such standards by the FUNDS RECIPIENT officers,employees,or agents, or by contractors or their agents as specified in the Uniform Grant Management Standards. The FUNDS RECIPIENT shall notify the NCTCOG immediately upon discovery of any potential or actual conflict of interest. The FUNDS RECIPIENT agrees that the NCTCOG and the TNRCC have sole discretion to determine whether a conflict of interest exists and that the NCTCOG may terminate the Agreement at any time, on the grounds of actual or apparent conflict of interest. The FUNDS RECIPIENT shall notify the NCTCOG in writing of any actual,apparent,or potential conflict of interest regarding any individual performing or having access to information regarding the services in question. As applicable,the notification shall include both organizational conflicts of interest and personal conflicts of interest. Any individual with a personal conflict of interest shall be disqualified from taking part in any way in the performance of any services that created the conflict of interest. Article 15. Survival of Obligations All representations, indemnification's,warranties and guarantees made in, required by or given in accordance with this Agreement, as well as all continuing obligations indicated in this Agreement,will survive final payment,completion and acceptance of the service and termination or completion of the Agreement. Article 16. Contractual Costs The FUNDS RECIPIENT'S contractual costs must comply with allowable costs requirements. FUND RECIPIENTS who are governmental entities must engage in contractor selection on a competitive basis in accordance with their established policies. If the FUNDS RECIPIENT has no competitive procurement policy,the FUNDS RECIPIENT must generally select contractors by evaluation and comparison of price, quality of goods or services and past performance. All subagreements/subcontracts awarded by the FUNDS RECIPIENT under this Agreement shall be in accordance with the Uniform Grant Management Standards adopted by the Govemor's Office of Budget and Planning. Article 17. Changes to Interlocal Agreement A Major Change will include one or more of the following: (1) An increase or decrease in the amount of compensation to the FUNDS RECIPIENT; (2) An extension or shortening of the term of the Agreement (3) A significant change in the scope of the Agreement or the services to be performed;or (4) Any action that is beyond the authority of the Executive Director of the NCTCOG. Implementation of a Major Change must be preceded by a formal written amendment to the Agreement. The amendment must contain a description of the proposed change and shall be signed by persons authorized to bind each party in contract. Any amendment that exceeds the contractual authority of the Executive Director of NCTCOG also requires the consent,at Agenda, of a majority of the NCTCOG Executive Board. E-9 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collectiori"Center Paint Recycling Project Any proposed change that is not a Major Change may qualify as a Minor Change. A Minor Change shall require the written agreement of both Project Representatives but shall not require a formal amendment to the contract. A copy of the authorization must be retained in the appropriate file of both the FUNDS RECIPIENT and the NCTCOG. If the FUNDS RECIPIENT requests a Minor Change and the Project Representative does not approve the request as a Minor Change,then the change shall be deemed a Major Change and the FUNDS RECIPIENT may only obtain authorization to proceed by a formal written amendment to this Agreement. 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. Intellectual Property For the purpose of this Article,"intellectual property"refers to: (1) Any discovery or invention for which patent rights may be acquired;and (2) Any photographs,graphic designs, plans,drawings,specifications,computer programs,technical reports,operating manuals,or other copyrightable materials;and; (3) Any other materials in which intellectual property rights may be obtained. If the FUNDS RECIPIENT first conceives of,actually puts into practice,discovers,invents,or produces any intellectual property during the course of its work under this Agreement, it shall report that fact to the NCTCOG. The FUNDS RECIPIENT may obtain governmental protection for rights in the intellectual property. However, the NCTCOG hereby reserves a nonexclusive, royalty-free and irrevocable license to use,publish,or reproduce the intellectual property for sale or otherwise,and to authorize others to do so. The NCTCOG also reserves a royalty-free nonexclusive,and irrevocable license to use,publish,or reproduce for sale or otherwise,and to authorize others to use,publish,or reproduce,for sale or otherwise(to the extent consistent with the rights of third parties)any intellectual property for which the FUNDS RECIPIENT obtains rights with funds received under this Agreement. In performing work under this Agreement,the FUNDS RECIPIENT shall comply with all laws, rules and regulations relating to intellectual property,and shall not infringe on any third party's intellectual property rights. It shall hold the NCTCOG harmless for,and to the extent permitted by the laws and Constitution of the State of Texas,defend and indemnify the NCTCOG against,any claims for infringement related to its work under this Agreement. The FUNDS RECIPIENT expressly acknowledges that persons with visual impairments may not expend state funds in connection with the purchase of an automated information system unless that system meets certain statutory requirements under§2157.005 of the Government Code, relating to accessibility. Accordingly,the FUNDS RECIPIENT represents and warrants to the NCTCOG that the technology provided to the NCTCOG 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 E-10 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth-Environmental Collection Center Paint Recycling Project 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 assertive 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 altematives to mouse commands and other means of navigating displays,and customizable display appearances. The FUNDS RECIPIENT also warrants that,with respect to work performed under this Agreement,that all work is Year 2000 Compliant 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. The FUNDS RECIPIENT 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 Compliant, and the FUNDS RECIPIENT is provided written notice thereof,the FUNDS RECIPIENT 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. The FUNDS RECIPIENT shall include provisions adequate to achieve the purposes of this Article in all subagreements and subcontracts under this Agreement in the course of which intellectual property may be produced or acquired. Article 20. Correspondence All project related notices, reports and other contractual communications under this Agreement shall be sent to the NCTCOG Project Representative as specified under Attachment D,Article 17. All such communications shall be considered duly given if hand delivered;delivered by nationally recognized courier service, or mailed by certified or registered mail, return receipt requested. All such communications shall be deemed given when received, as evidenced by the signed acknowledgment of receipt by the recipient;the confirmation of delivery by the courier service;or the receipt returned by the sender. Article 21. Data and Publicity All data and other information developed under this Agreement shall be furnished to the NCTCOG and shall be public data and information,with exception to the extent it is exempt from public access by the Texas Open Records/Public Information Act,Vemon's TEX.GOVT CODE§552. Upon termination of this Agreement, all data and information shall become the joint property of the NCTCOG and the FUNDS RECIPIENT. Article 22. Assignability This Agreement is not transferable or otherwise assignable by the FUNDS RECIPIENT without the written consent of the NCTCOG. Any attempted transfer is void without the written consent of the NCTCOG. Article 23. Subagreements and Subcontracts All contractual expenditures using funds provided under this Agreement shall meet UGCMA, and all procurement laws,applicable to the FUNDS RECIPIENT and subcontractor, including the Professional Services Procurement Act. Note that the Common Rule of OMB Circular A-102, as adopted in the UGCMA, precludes the use of the cost plus a percentage of cost method of contracting. E-11 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Any subcontractor acquired by the FUNDS RECIPIENT in connection with the services covered by this Agreement will be limited to such individuals or firms,scope of work,and budget amounts as are specifically (1)identified herein;or as(2)approved by the NCTCOG during the performance of this Agreement prior to execution of a contract with the subcontractor. Any substitution in such subcontractor,the scope of work, and budget amounts will be subject to the prior written approval of the NCTCOG. The FUNDS RECIPIENT shall be responsible for the management and fiscal monitoring of all subcontractors. The FUNDS RECIPIENT shall ensure that all subcontractors comply with Article 10, Access/Examination of Records,of this Attachment,and all other provisions required by this Agreement. The NCTCOG reserves the right to perform an independent audit of all subcontractors pursuant to Article 10. Funds provided by the NCTCOG pursuant to this Agreement that are paid to the subcontractor shall be used by the subcontractor solely to satisfy the purposes of this Agreement. Article 24. Supplemental Funding Standards In addition to the standards set forth in applicable laws and regulations,the standards outlined below apply to all uses of the funds provided under this Agreement including the implementation projects awarded funds by the FUNDS RECIPIENT. Unless authorization is otherwise specifically provided for in or under the terms of this Agreement,the use of funds provided under this Agreement,to include funds provided for pass-through grants,shall be in accordance with the supplemental funding standards set forth in this Article. Payment of Fees. Local and regional political subdivisions subject to the payment of state solid waste disposal fees and whose payments are in arrears are not eligible to receive grant funding. Land Acquisition Costs. Funds provided under this Agreement may not be used to acquire land or an interest in land. Municipal Solid Waste-Related Programs Only. Funds provided under this Agreement may not be used for programs dealing with wastes that are not considered municipal solid waste(MSW), including programs dealing with industrial or hazardous wastes. Programs Solely Related to Collection of Certain Wastes. Funds provided under this Agreement may not be used for programs and activities solely related to the management of automotive wastes,to include: scrap tires, used oil,oil filters,antifreeze, lead-acid batteries,or other similar wastes excluded from disposal in MSW landfills. Funds may also not be used for the processing of scrap tires,such as through the purchase of equipment to shred or split the tires. However,collection of these materials may be included as part of a comprehensive household hazardous waste collection and management program,so long as that is not the sole intent of the program. Activities Related to the Disposal of Municipal Solid Waste. Except as may be specifically authorized under an eligible project category,funds provided under this Agreement may not be used for activities related to the disposal of municipal solid waste. This restriction includes solid waste collection and transportation to a disposal facility;waste combustion (incineration or waste-to-energy);processing for reducing the volume of solid waste which is to be disposed of;any landfill-related facilities or activities. This also includes the closure and post-closure care of a landfill; or other activities and facilities associated with the ultimate disposal of municipal solid waste. This provision does not apply to activities specifically included under an authorized project category,to include landfill scales,citizens'collection stations,and small registered transfer stations. E-12 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Projects Requiring a TNRCC Permit. Funds may not be used for expenses related to projects or facilities that require a permit from the TNRCC and/or that are located within the boundaries of a permitted facility, including landfills,wastewater treatment plants,and other facilities. This provision, however, may be waived by the TNRCC,at its discretion,for otherwise eligible activities to be located at a closed permitted facility and/or for recycling activities that will take place within the boundaries of an open facility. Recycling activities that may qualify for such a waiver may include recyclables collection,composting,and land application of biosolids for beneficial use. The applicant and/or the FUNDS RECIPIENT should request a preliminary determination from the TNRCC as to the eligibility of the project prior to consideration for funding. Projects Requiring TNRCC Registration. Projects or facilities that require registration from the TNRCC, and which are otherwise eligible for funding, may be funded. However,the registration for the facility must be finally received before that project can be selected for funding. Projects that Create a Competitive Advantage Over Private Industry. In accordance with§361.014(b)of the Texas Health and Safety Code, a project or service funded under this Agreement must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition,the term private industry includes non-profit entities. Supplanting Existing Funds. Funds provided under this Agreement may not be used to supplant existing funds. In particular, staff positions where the functions assigned to that position will remain the same and that were active at the time of the grant application,and were funded from a source other than a previous solid waste grant,are not eligible for grant funding. This provision does not apply to the salaries for staff of the FUNDS RECIPIENT in its conduct of activities under this Agreement. Food/Entertainment Expenses. Funds provided under this Agreement may not be used for food or entertainment expenses, including refreshments at meetings and other functions. This provision does not apply to authorized employee per diem expenses for food costs incurred while on travel status. Use of Alcoholic Beverages. Funds provided under this agreement may not be used for payment of salaries to any employee who uses alcoholic beverages on active duty. None of these funds may be used for the purchase of alcoholic beverages, including travel expenses reimbursed with these funds. Funds to Law Enforcement Agencies. Funds provided under this Agreement may not be provided to any law enforcement agency regulated by Chapter 415 of the Texas Govemment Code, unless the law enforcement agency is in compliance with all rules developed by the Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415 of the Texas Govemment Code, or the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. Article 25. Theme Phrase For Public Education Materials The FUNDS RECIPIENT shall use the phrase,"Take It Personally!"on all written documents, publicity,and advertisement materials produced for public education purposes. This consistent image which will appear on all materials distributed by the FUNDS RECIPIENT will promote an understanding of the program, its mission, and its interconnectedness with other issues and programs. For the NCTCOG region,the slogan for all environmental, resource conservation,outreach activities is: "Take It Personally!" NCTCOG has furnished the FUNDS RECIPIENT with camera-ready artwork of this phrase for imprinting purposes in Appendix B of the Interlocal Agreement. E-13 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center aint Recycling Project Article 26. Identification of the Funding Source The FUNDS RECIPIENT shall acknowledge the financial support of the NCTCOG and the State of Texas whenever work funded, in whole or part,by this Agreement, is publicized or reported by 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 NCTCOG,shall carry the following notation on the front cover or title page: "Prepared in cooperation with the North Central Texas Council of Govemments, through grant funds from the Texas Natural Resource Conservation Commission" Article 27. Americans With Disabilities Act Requirements The FUNDS RECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act of 1990,42 U.S.C. §§ 12101- 12213(Pamph 1995). Article 28. Employment Practices The FUNDS RECIPIENT agrees that in the performance of this Agreement,it will not discriminate against any employee or applicant because of race, religion,color,sex,age,or national origin and it will comply with Executive Order 11246,entitle"Equal Employment Opportunity",as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations(41 CFR Part 60). The FUND RECIPIENT assures that no person will,on the grounds of race,creed,color, handicap, national origin,sex,political affiliation or beliefs,be excluded from,be denied the benefit of,or be subject to discrimination under any program or activity funded in whole or part under this Agreement. Article 29. Statutes Relating to Nondiscrimination The FUNDS RECIPIENT shall comply with all applicable state and federal statutes relating to nondiscrimination which include,but are not limited to,those listed in the Uniform Grant Management Standards. Article 30. Utilization of Small, Minority,and Women's Business Enterprises The FUNDS RECIPIENT agrees that qualified Historically Underutilized Businesses (HUBs)shall have the maximum practicable opportunity to participate in the performance of this Agreement. Article 31. Safety and Protection Where applicable,the FUNDS RECIPIENT shall be responsible for maintaining and supervising all necessary safety precautions and programs in connection with the work/services performed under this Agreement. Article 32. Energy Efficiency Standards The FUNDS RECIPIENT is encouraged to follow standards and policies on energy efficiency which are contained in the Texas State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act(P.L.94-163). E-14 Main Contract#582-0-83402; Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Article 33. Force Majeure A force majeure event shall be defined to include governmental decrees or restraints, acts of God(except that rain,wind,flood or other natural phenomena normally expected for the locality shall not be construed as an act of God),work stoppages due to labor disputes or strikes,fires, explosions,epidemics, riots,war, rebellion, and sabotage. Provided this Agreement is still in force,and subject to the conditions below, if a delay or failure of performance by either party results from the occurrence of a force majeure event,the delay shall be excused and the time fixed for completion of the work extended by a period equivalent to the time lost because of the event if, and to the extent that: (1) the delay or failure was beyond the control of the party affected and not due to its fault or negligence; and (2) the delay or failure was not extended because of the affected party's failure to use all diligence to overcome the obstacle or to resume performance immediately after the obstacle was overcome. No time extension shall be granted under this Article unless the party seeking relief has notified the other in writing within a reasonable time after commencement of the event,of the anticipated length and cause of the delay,the measures taken or to be taken to minimize the delay and the timetable by which the FUNDS RECIPIENT intends to implement these measures. The party seeking relief shall also give written notice of the ending of the event within a reasonable time after the event has ended. The NCTCOG shall be responsible for costs related to a force majeure event,only if they are incurred by the FUNDS RECIPIENT after the prior written request by the NCTCOG Project Representative,to incur such costs. Neither NCTCOG nor the FUNDS RECIPIENT shall have,and both hereby waive,any claim whatever for any damages resulting from delays caused by force majeure events. Article 34. Termination of Interlocal Agreement This Interlocal Agreement shall terminate upon full performance of all requirements contained herein, unless this Agreement is amended in writing. This agreement may be terminated in whole or in part in writing by either contracting party in the event of substantial failure by the other party to fulfill its obligation under this Interlocal Agreement through no fault of the terminating party, provided that no such termination may be effected unless the other party is given: ♦ Not less than ten (10) days written notice(delivered by certified main, return receipt requested) of intent to terminate; and ♦ An opportunity for consultation with the terminating party prior to termination. This Interlocal Agreement may be terminated in whole or in part in writing by NCTCOG for its convenience, provided that the FUNDS RECIPIENT is given not less than ten(10)calendar days written notice(delivered by certified mail, return receipt requested)of intent to terminate. Circumstances in which NCTCOG may terminate for convenience include, but are not limited to,the Texas Legislature's withdrawal of appropriations for this project or the FUNDS RECIPIENT'S continued or repeated failure to perform tasks and submit reports in a complete,correct and consistent manner. If termination for default of this Article,or for reduction or loss of Legislative appropriations of this Article is effected by NCTCOG, an adjustment in the Interlocal Agreement amount shall be made, but: ♦ No amount shall be allowed for anticipated profit on unperformed services,tasks or other work; and E-15 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center 'faint Recycling Project ♦ Any payment due the FUNDS RECIPIENT at the time of termination may be adjusted to the extent of any reasonable additional costs incurred by NCTCOG by reason of THE FUNDS RECIPIENTS default. The equitable adjustment for any termination shall provide for payment to the FUNDS RECIPIENT for services rendered and expenses incurred by the FUNDS RECIPIENT relating to contracts entered into prior to the termination,in addition to termination settlement costs reasonably incurred by the FUNDS RECIPIENT relating to contracts entered into prior to the termination. Upon receipt of a termination notice the FUNDS RECIPIENT shall: ♦ Promptly discontinue all services affected(unless the notice directs otherwise);and ♦ Deliver or otherwise make available to NCTCOG all data,drawings,specifications, reports, estimates,summaries,and such other information,materials,and equipment as may have been accumulated by the FUNDS RECIPIENT in performing this Interlocal Agreement,whether completed or in progress. Upon termination of this Agreement,the NCTCOG may take over the work and prosecute the same to completion by agreement with another party or otherwise. If,after termination for failure of the FUNDS RECIPIENT to fulfill its contractual obligations, it is determined that the FUNDS RECIPIENT had not so failed,the termination shall be deemed to have been effected for the convenience of the NCTCOG. If any delay or failure of performance is attributed to an event as defined in Article 33, Force Majeure,the FUNDS RECIPIENT may in its sole discretion terminate this Interlocal Agreement in whole or in part. If such termination is effected,an equitable adjustment shall be made in accordance with this Article. E-16 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Attachment F. Definitions Wherever used in this Agreement,the following terms have the meaning indicated which are applicable to both the singular and plural thereof. This list is not meant to be inclusive nor exclusive of all pertinent grant definitions: Accrued expenditures:The charges incurred by the grantee during a given period requiring the provisions of funds for: (1)Goods and other tangible property received; (2)services performed by employees, contractors, subgrantees,subcontractors, and other payees, and (3)other amounts becoming owed under programs for which no current services or performance is required, such as annuities, insurance claims,and other business payments. Accrued income:The sum of(1)earnings during a given period from services performed by the grantee and goods and other tangible property deliverable to purchasers;and (2)amounts becoming owed to the grantee for which no current services or performance is required by the grantee. Acquisition cost: For equipment purchases, means the net invoice unit price of the property including the cost of modifications,attachments, accessories,or auxiliary apparatus necessary to make that property usable for the purpose for which it was acquired. Other charges such as the cost of installation, transportation,taxes,duty or protective in-transit insurance shall be included or excluded from the unit acquisition cost in accordance with the grantee's regular accounting practices. Addenda: Written or graphic instruments issued prior to the execution of the Agreement which clarify, correct or change the Proposal Requirements or the Agreement. Administrative requirements:Those matters common to grants in general,such as financial management, kinds and frequency of reports,and retention of records. These are distinguished from"programmatic" requirements,which concern matters that can be treated only on a program-by-program or grant-by-grant basis, such as kinds of activities that can be supported by grants under a particular program. Agreement: The"NCTCOG Interlocal Agreement"which contains the salient terms of the Agreement between the FUNDS RECIPIENT and the NCTCOG and covers the work to be performed; also describes and includes any additional Agreement documents which may be attached to the Agreement and made a part thereof as provided therein. Cash contribution:The FUNDS RECIPIENT's cash outlay, including the outlay of money contributed to the FUNDS RECIPIENT by other public agencies and institutions,and private legislation,federal funds received from other assistance Agreement may be considered as FUNDS RECIPIENT cash contributions. Common rule: Part III of the Uniform Grant Management Standards,which were promulgated by the Texas Govemor's Office of Budget and Planning pursuant to the Uniform Grant Conditions and Management Act, Texas Government Code Chapter 783. Contract:A procurement contract under a grant or a subcontract under a contract. (except as used in the definitions for"grant"and"subgrant"in this section and except where qualified by"federal' Contract Documents:The Agreement and the documents that are described in and incorporated into the Agreement. Together,the Contract Documents form the contract between the parties. Contract Price:The moneys payable by the NCTCOG to the Funds Recipient for completion of the work in accordance with the Contract Documents as stated in the Agreement(subject to the provisions included in the Agreement). F-1 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Contract Times:The number of days or dates stated in the Agreement to complete the work so that it is ready for final payment. Cost sharing or matching:The value of the third parry in-kind contributions and the portion of the costs of a State assisted project or program not bome by the State. Cost-type Contract:A contract or subcontract under a grant in which the FUNDS RECIPIENT or subcontractor is paid on the basis of the costs it incurs,with or without a fee. Defective: An adjective which when modifying the work, refers to work that is unsatisfactory,faulty or deficient, in that it does not conform to the Agreement,or does not meet the requirements of any inspection, reference standard,test on approval referred to in the Agreement,or has been damaged prior to final payment. Effective Date of the Agreement:The date indicated in the Agreement which it becomes effective,but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to the Agreement. Equipment:Tangible, non-expendable, personal property having a useful fife of more than one year and an acquisition cost of$1,000 or more per unit. A grantee may use its own definition of equipment provided that such definition would at least include all equipment defined above. Expenditure report:The Form PT-F2,Summary of Pass-Through Grant Expenditures,as distributed by the NCTCOG. Expiration Date of the Agreement:The date indicated in the Agreement as the date that the Agreement terminates(end date of the Agreement). Financial Completion: In the opinion of the Funding Agency(NCTCOG and TNRCC),the work as outlined in the Agreement is complete. Funding Agency:The Texas Natural Resource Conservation Commission through the North Central Texas Council of Governments. Government: A Federal or State agency or a local government. Grant: An award of financial assistance, including cooperative Agreements, in the form of money,or property in lieu of money, by the State to an eligible grantee. The term does not include technical assistance, which provides services instead of money,or other assistance in the form of revenue sharing, loans, loan guarantees, interest subsidies,insurance,or direct appropriations. Also,the term does not include assistance,such as a fellowship or other lump sum award,which the grantee is not required to account for. Historically Underutilized Business(HUB):As defined by Texas law and delineated in the State Purchasing and General Services Act,as amended September 1, 1995,a historically underutilized business as a corporation or a partnership in which fifty-one percent(51%)or more of the corporation's stock(or other equitable securities)or partnership's assets and interest are owned by one or more socially disadvantaged persons,who have a proportionate interest and actively participates in the corporation or partnership control, operation,and management. If the business is a sole proprietorship,the socially disadvantaged person must completely own,operate and control the business. Socially disadvantaged persons include members of certain groups including African Americans, Hispanic Americans,American Women,Asian Pacific Americans,and Native Americans. F-2 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Intellectual Property: (1)any and all inventories,discoveries, improvements,or creations for which copyright,trade secret, patent or other proprietary rights may be acquired, (2)any photographs, graphic designs, plans,drawings, specifications,computer programs,computer files,documentation,technical reports, operating manuals, or other copyrightable materials, and(3)any other work fixed in any tangible medium of expression which can be perceived, reproduced,or otherwise communicated for which copyright, trade secret, patent or other proprietary rights may be acquired. Intellectual Property Rights: Patents,trademarks,trade secret rights,confidential information rights or any other proprietary rights to which a person may be entitled or may actually possess. Intellectual Property Rights include all rights of ownership and original authorship throughout the world. Laws and Regulations: Any and all applicable laws, rules, regulations,ordinances, codes and other orders of any and all governmental bodies, agencies,authorities and courts having jurisdiction. Liens: Charges, security interests, liens or encumbrances upon real property or personal property. Local government: Local and regional political subdivisions located within the State of Texas. The meaning is broaden to include eligible recipients of solid waste pass-through grant funds: Cities; Counties; Public Schools and School Districts (excluding Universities or post secondary educational institutions);Other general and special law districts created in accordance with State law, and with the authority and responsibility for water quality protection or municipal solid waste management,to include river authorities. Minor Change:A written document which provides for minor changes in the work to be performed under the Agreement,but does not involve a changed in the contract price or the contract times. Obligations:The amount of orders placed,contracts and sub-grants awarded, goods and services rendered, and similar transactions during a given period that will require payment by the grantee during the same or a future period. Outlay(expenditures): Charges made to the project or program. Outlays may be reported on a cash or accruals basis. For reports prepared on a cash basis,outlays are the sum of actual cash disbursement for direct charges for goods and services,the amount of indirect expense incurred,the value of in-kind contributions applied, and the amount of cash advances and payments made to FUNDS RECIPIENT. For reports prepared on an accrued expenditure basis,outlays are the sums of actual cash disbursements,the amount of indirect expense incurred,the value of in-kind contributions applied, and the net increase (or decrease) in the amounts owed by the grantee for goods and other property received,for services performed by employees,contractors, subgrantees, subcontractors, and other payees, and other amounts becoming owed under programs for which no current services or performance are required, such as annuities, insurance claims, and other benefit payments. Percentage of completion method:A system under which payments are made for work according to the percentage of the completed work, rather than to the FUNDS RECIPIENT's cost incurred. Prior Approval: Documentation evidencing consent prior to incurring specific costs. Produced: Participle or passive verb which when used in connection with the term Intellectual Property means conceived, developed, implemented,discovered, invented,first actually reduced to practice or otherwise produce. Project:The total body of services rendered of which the work to be provided under the Agreement may be the whole, or a part as indicated elsewhere in the Agreement. F-3 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection 6enter Paint Recycling Project Project Representative:The individual who is authorized to execute the work program identified in the Agreement. This individual must be an employee of the grant recipient and may or may not have contractual authority. Real Property:Land,including land improvements,structures and appurtenances thereto,excluding moveable machinery and equipment. Share:When referring to the TNRCC's portion of real property,equipment or supplies, means the same percentage as the TNRCC's portion of the acquiring partys total costs under the grant to which the acquisition cost of the property was charged. Only costs are to be counted, not the value of the third-party in- kind contributions. Standards:The Uniform Grant Management Standards. State: The State of Texas. Subcontractor:An individual,firm,corporation or local government having a direct contract with the FUNDS RECIPIENT or with any other subcontractor for the performance of a part of the work identified in the Agreement. Sub-grant:An award of financial assistance in the form of money,or property in lieu of money, made under a grant by the FUNDS RECIPIENT to an eligible sub-grantee. The term includes financial assistance when provided by contractual legal Agreement, but does not include procurement purchases,nor does it include a form of assistance that is excluded from the definition of"grant" Sub-grant is synonymous with"pass- through grant" Sub-grantee:The government or other legal entity to which a sub-grant is awarded and which is accountable to the FUNDS RECIPIENT for the use of the funds provided. "Sub-grantee"is synonymous with"pass- through grant recipient." Supplies: Generally relates to the routine purchase of office supplies(paper, pencils, staples,etc.)or other goods that are consumed in a relatively short period of time in the regular performance of general office activities. Suspension:(1)temporary withdrawal of the authority to obligate grant funds pending corrective action by the FUNDS RECIPIENT,or sub-grantee or a decision to terminate the grant,or(2)an action taken by a FUNDING AGENCY official in accordance with the Agreement,State or Federal law,or Regulations to immediately exclude a person from participating in grant transactions for a period,pending completion of an investigation and such legal or debarment proceedings as may ensue. Termination: Permanent withdrawal of the authority to obligate previously-awarded grant funds before that authority would otherwise expire. It also means the voluntary relinquishment of that authority by the FUNDS RECIPIENT or sub-grantee. 'Termination"does not include(1)withdrawal of funds awarded on the basis of the FUND RECIPIENT'S underestimate of the unobligated balance in a prior period; (2)withdrawal of the unobligated balance as of the expiration of a grant; (3)refusal to extend a grant or award additional funds to make a competing or noncompeting continuation, renewal,extension or supplemental award;or(4)voiding of a grant upon determination that the award was obtained fraudulently or was otherwise illegal or invalid from inception. Terms of a Grant or Sub-grant:All requirements of the grant or sub-grant,whether contained in statutes, regulations, or the Agreement. F-4 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Third Party In-Kind Contributions: Property or services which benefit a state assisted project or program and which are contributed by third parties without charge to the FUNDS RECIPIENT. Unliquidated Obligations: For reports prepared on a cash basis, means the amount of obligations incurred by the FUNDS RECIPIENT that has not been paid. Reports prepared on an accrued expenditure basis represent the amount of obligations incurred by the FUNDS RECIPIENT for which an outlay has not been recorded. Unobligated Balance:The portion of the funds authorized by the FUNDING AGENCY that has not been obligated by the FUNDS RECIPIENT,and is determined by deducting the cumulative obligation from the cumulative funds authorized. Work: The entire completed services or the various separately identifiable parts thereof required to be furnished under this Agreement. Work includes and is the result of performing or furnishing labor, services, materials or equipment as required by the Agreement. Written Amendment: A document signed by the FUNDS RECIPIENT and the FUNDING AGENCY which authorizes an addition,deletion or revision in the work,or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement, but prior to the Expiration Date of the Agreement. F-5 Main Contract#582-0-83402;Subcontract#01-04-G07 City of Fort Worth—Environmental Collection Center Paint Recycling Project Appendix A. Project Report and Financial Reimbursement Forms • Quarterly and Final Results Reports Forms RR-1 Report on Results of Grant-Funded Project RR-1 A Local Enforcement RR-1 B Source Reduction/Recycling RR-1 C Citizens'Collection Stations/Small Transfer Stations RR-1 D Household Hazardous Waste Management RR-1 E Landfill Scales RR-1 F Technical Studies RR-1G Local/Subregional Solid Waste Management Plans RR-1 H Community Cleanup Events RR-1 I Education/Training* *Use for stand-alone education and training projects,as well as projects in other grant categories containing education and training components. • Request for Reimbursement Form and Supplemental Reimbursement Forms PT-F2 Summary of Pass-Through Grant Expenditures F2-A Itemization of Personnel/Salaries and Travel Costs F2-13 Itemization of Equipment and Contractual Costs F2-C Itemization of Construction Costs F2-D Itemization of Supplies and Other Costs F2-E Itemization of In-Kind and/or Cash Contributions FY 2001 REGIONAL SOLID WASTE GRANT REPORT ON RESULTS OF GRANT-FUNDED PROJECT (FORM RR-1) 1. Grantee Name: 2. Grant Number: 3. Submittal Date: 4. Report Number: 5. Report Period (cumulative): 6. Final FY 2001 Report: From To: Yes No 7. ATTACHMENTS: Complete the applicable form(s) for the categories of projects conducted with grant funds. ✓the form(s) attached: _ Form RR-1A: LOCAL ENFORCEMENT _ Form RR-1 B: SOURCE REDUCTION/RECYCLING _ Form RR-1C: CITIZENS COLLECTION STATIONS/SMALL REGISTERED TRANSFER STATIONS _ Form RR-1 D: HOUSEHOLD HAZARDOUS WASTE _ Form RR-1E: LANDFILL SCALES _ Form RR-1 F: TECHNICAL STUDIES _ Form RR-1G: LOCAUSUBREGIONAL SOLID WASTE MANAGEMENT PLANS _ Form RR-1 H: COMMUNITY CLEANUP EVENTS Form RR-1 I: EDUCATIONAL AND TRAINING PROJECTS (use for both stand-alone educational and training projects, or other projects that include an educational component) 8. CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete. Signature of Authorized Representative Typed or Printed Name and Title Date FY 2001 REGIONAL SOLID WASTE GRANTS PROGRAM Form RR-1 A: Local Enforcement Cumulative FY 2001 Results Reporting Parameter Total project funding $ Total number of illegal dumping sites investigated Number of small illegal dumping sites investigated (<5 lbs.) Number of medium illegal dumping sites investigated (5-100 lbs.) Number of large illegal dumping sites investigated (>100 lbs.) Total number of fines issued Total amount of fines issued $ Total number of illegal dumping sites cleaned up through enforcement actions Total amount of waste (in pounds) removed from illegal dumping sites through enforcement actions Comments: FY 2001 SOLID WASTE GRANTS PROGRAM Form RRA B: Source Reduction/Recycling Cumulative FY 2001 Results Reporting Parameter Total project funding $ Total amount (in tons)of materials diverted Amount (in tons)of brush/yard waste diverted Amount (in tons)of glass diverted Amount (in tons)of metal diverted Amount (in tons)of plastic diverted Amount (in tons)of cardboard diverted Amount (in tons)of newspaper diverted Amount (in tons)of other paper diverted Amount (in tons)of C&D debris diverted Sum of the average monthly diversion amounts (in tons) Total number of persons served Total revenue from sale of diverted materials $ Sum of the average monthly revenues for each project $ Total disposal costs avoided $ Sum of the average monthly disposal costs avoided for each project $ Comments: FY 2001 SOLID WASTE GRANTS PROGRAM Form RR-1 C: Citizens Collection Stations/Small Transfer Stations Cumulative FY 2001 Results Reporting Parameter Total project funding $ Total number of persons served Total amount of waste collected for disposal (in tons) Sum of the average monthly disposal amounts (in tons) Total amount of materials diverted for beneficial use (in tons) Sum of the average monthly diversion amounts (in tons) Total fees collected for station use $ Sum of the average monthly fees collected $ Total revenue from sale of diverted materials $ Sum of the average monthly revenues $ Comments: FY 2001 SOLID WASTE GRANTS PROGRAM Form RR-1E: Landfill Scales Reporting Parameter Results Total project funding $ Total tons of landfilled waste weighed on scales Estimate of total tons of landfilled waste not weighed on scales Comments: FY 2001 SOLID WASTE GRANTS PROGRAM Form RR-1 D: Household Hazardous Waste Management Cumulative FY 2001 Results Reporting Parameter Total project funding $ Total number of individual collection events Total number of permanent collection facilities/mobile collection units Total number of participants/customers Total amount of HHW (excluding hazardous paint) collected (in pounds) Total amount of hazardous paint collected (in pounds) Total cost of hazardous materials contractor services $ Total amount of non-hazardous paint collected for reuse/recycling (in gallons) Total number of lead-acid batteries collected for reuse/recycling Total amount of used oil collected for reuse/recycling (in gallons) Total number of used oil filters collected for reuse/recycling Total amount of used antifreeze collected for reuse/recycling (in gallons) Total number of used tires collected for reuse/recycling Comments: FY 2001 SOLID WASTE GRANTS PROGRAM Form RR-1F: Technical Studies Cumulative FY 2001 Results Reporting Parameter Total project funding $ Total population affected or covered by studies Total number of municipalities affected or covered by studies Total number of counties affected or covered by studies Total number of entities having implemented actions related to study findings or recommendations Comments: ' r FY 2001 SOLID WASTE GRANTS PROGRAM Form RR-1G: Local/Subregional Solid Waste Management Plans Cumulative FY 2001 Results Reporting Parameter Total project funding $ Total population affected or covered by plans Total number of municipalities affected or covered by plans Total number of counties affected or covered by plans Total number of entities having implemented actions related to plan goals, objectives, or recommendations Comments: FY 2001 SOLID WASTE GRANTS PROGRAM Form RR-1H: Community Cleanup Events Cumulative FY 2001 Results Reporting Parameter Total project funding $ Total number of individual cleanup events held Total number of participants/volunteers For river/lake and neighborhood/park cleanups: If applicable, total waterfront cleaned up (in miles) If applicable, total land area cleaned up (in acres) Total debris/litter collected for disposal (in pounds) Total amount of materials collected for recycling/reuse (in pounds) For Texas Country Cleanups: Total amount of paint collected for recycling/reuse (in gallons) Total number of lead-acid batteries collected for recycling/reuse Total amount of motor oil collected for recycling/reuse (in gallons) Total number of oil filters collected for recycling/reuse Total amount of antifreeze collected for recycling/reuse (in gallons) Total number of tires collected for recycling/reuse Total number of empty pesticide containers collected for recycling/reuse Comments: FY 2001 SOLID WASTE GRANTS PROGRAM Form RR-11: EducationfTraining* * Use for stand-alone education and training projects, as well as projects in other grant categories containing education and training components. Reporting Parameter Results Total funding for stand-alone education/training projects $ Total funding for education/training components in other grant $ categories Total number of persons involved in education/training events Combined total of all items distributed related to education/training events (e.g., brochures, fliers, manuals, freebies, etc.) Total number of mass media activities (e.g., press releases, PSAs, billboards or signs, etc.) Estimated total number of people reached through mass media activities Comments: + a SUMMARY OF PASS-THROUGH GRANT EXPENDITURES- FORM PT-F2 Detailed Instructions Form PT-F2 Please type or print legibly. A completed Form PT-F2, and appropriate supplemental forms, must be submitted with each request for reimbursement. The grant recipient may modify these forms to allow for electronic generation, so long as the applicable information is still provided. Item Entry 1. Enter the Council of Governments to which the report is submitted. 2. Enter your 14-digit vendor identification number assigned by the State Comptroller's Office. 3. Enter organization name and complete address. 4. Enter the contract or project number. 5. Indicate whether or not this submittal constitutes the final report of expenses incurred under the contract. 6. Indicate accounting basis (cash or accrual). 7. Enter the contract term. 8. Enter the reporting period. Reports are required to be submitted with each request for reimbursement and/or on a schedule set forth in the grant contract. 9. For each category listed in the contract budget, enter the appropriate amount under each vertical column heading. Do not include expenditures funded from other sources. 10. The report must be signed and dated by the authorized official of the submitting agency. Supplemental Forms Form F2-A Itemize all expenditures (for this report period) from the Personnel/Salaries and Travel budget categories. Supplemental documentation (time sheets, travel receipts, etc.) is not required to be attached to this form, but must be retained by the grant recipient. Form F2-B Itemize all equipment purchases and contractual expenditures (for this report period) from the Equipment and Contractual budget categories. Legible receipts, if required, must be attached to this form for each listed item or expenditure. Form F2-C Itemize all expenditures (for this report period) from the Construction budget category. Legible receipts, if required, must be attached to this form for each listed item or expenditure. Form F2-D Itemize all expenditures (for this report period) from the Supplies and the Other budget categories. Legible receipts, if required, must be attached to this form for each listed item or expenditure. Form F2-E Itemize all In-Kind Services or Cash Contributions directly involved with the work related activities as defined in the approved work plan of the Interlocal Agreement. FY 2001 REGIONAL SOLID WASTE GRANTS PROGRAM SUMMARY OF PASS-THROUGH GRANT EXPENDITURES - FORM PT-F2 1. COUNCIL OF GOVERNMENTS TO WHICH REPORT IS SUBMITTED: 2. VENDOR IDENTIFICATION NUMBER: 3. RECIPIENT ORGANIZATION (NAME AND COMPLETE ADDRESS,INCLUDING ZIP CODE): 4. CONTRACT/PROJECT NUMBER: 5. FINAL REPORT: ❑ Yes ❑ No 6. ACCOUNTING BASIS: ❑ Cash ❑ Accrual 7. TOTAL GRANT PERIOD: 8. PERIOD COVERED BY THIS REPORT: FROM: TO: FROM: TO: 9. BUDGET CATEGORIES Total Project Cost Cumulative Total Budget This Report' Project Cost Balance a. Personnel/Salaries b. Fringe Benefits c. Travel d. Supplies e. Equipment f. Contractual g. Construction h. Other L Total Direct Sum a-h j. Indirect Costs k. Total Sum i& IUst(itemize)on the appropriate supplemental form,component expenses comprising the total cost. 10. CERTIFICATION: I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unliquidated obligations are for the purposes set forth in the award documents. Signature of Authorized Certifying Official _ Typed or Printed Name and Title_ Telephone(area code,number and ext.) Date Submitted: FY 2001 REGIONAL SOLID WASTE GRANTS PROGRAM ITEMIZATION OF PERSONNEUSALARIES AND TRAVEL COSTS SUPPLEMENTAL FORM F2-A PERSONNEUSALARIES EXPENDITURES(d ring this reportperiod) SALARY THIS EMPLOYEE NAME TITLEIPOSITION PERIOD TOTAL PERSONNEL/SALARY EXPENDITURES (Must agree with line 9a on Form PT-F2) TRAVEL EXPENDITURES(during this reportperiod) DESCRIPTION REASON COST THIS PERIOD TOTAL TRAVEL EXPENDITURES (Must agree with line 9c on Form PT-F2) Supplemental documentation for time sheets is not required to be attached to this form,but must be retained by the grant recipient. ATTACH ADDITIONAL SHEETS, IF NEEDED FY 2001 REGIONAL SOLID WASTE GRANTS PROGRAM ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS SUPPLEMENTAL FORM F2-13 EQUIPMENT PURCHASES(during this reportperiod) NUMBER UNIT TOTAL PURCHASED ITEM DESCRIPTION COST COST TOTAL EQUIPMENT EXPENDITURES (Must agree with line 9e on Form PT-F2) CONTRACTUAL EXPENDITURES(during this re ortperiod) TOTAL SUBCONTRACTOR(NAME) FOR COST TOTAL CONTRACTUAL EXPENDITURES(Must agree with line 9f on Form PT-F2) Legible receipts must be attached to this form for each listed item or expenditure. ATTACH ADDITIONAL SHEETS, IF NEEDED FY 2001 REGIONAL SOLID WASTE GRANTS PROGRAM ITEMIZATION OF CONSTRUCTION COSTS SUPPLEMENTAL FORM F2-C CONSTRUCTION COSTS(during this reportperiod) TOTAL DESCRIPTION PURPOSE COST TOTAL CONSTRUCTION EXPENDITURES (Must agree with line 9g on Form PT-F2) Legible receipts must be attached to this form for each listed item or expenditure. ATTACH ADDITIONAL SHEETS,IF NEEDED FY 2001 REGIONAL SOLID WASTE GRANTS PROGRAM ITEMIZATION OF SUPPLIES AND OTHER COSTS SUPPLEMENTAL FORM F2-D SUPPLIES EXPENDITURES(during this reportperiod) NUMBER UNIT TOTAL PURCHASED ITEM DESCRIPTION COST COST TOTAL SUPPLIES EXPENDITURES (Must agree with line 9d on Form PT-F2) OTHER F_XPENDITURES(during this reportperiod) NUMBER UNIT TOTAL PURCHASED ITEM DESCRIPTION COST COST TOTAL OTHER EXPENDITURES (Must agree with line 9h on Form PT-F2) Legible receipts must be attached to this form for each listed item or expenditure. ATTACH ADDITIONAL SHEETS,IF NEEDED FY 2001 REGIONAL SOLID WASTE GRANTS PROGRAM ITEMIZATION OF IN-KIND AND CASH CONTRIBUTIONS SUPPLEMENTAL FORM F2-E IN-KIND(during this reportperiod) ITEM PURCHASED OR SERVICE COST PERFORMED PURPOSE THIS PERIOD TOTAL IN-KIND EXPENDITURES CASH CONTRIBUTIONS(during this reportperiod) DESCRIPTION CASH AMOUNT TOTAL CASH CONTRIBUTIONS Legible receipts must be attached to this form for each listed item or expenditure. ATTACH ADDITIONAL SHEETS, IF NEEDED Main Contract#582-0-83402;Subcontract#01-04-G19 City of Fort Worth—Environmental Collection Center Paint Recycling Project Appendix B. Miscellaneous • Volume-To-Weight Conversion Factors • `Take/t Persona0y"Camera-Ready Artwork a ~ Ati 6 MATERIAL LEVEL OF POUNDS PER MATERIAL LEVEL OF POUNDS PER PROCESSING CUBIC YARD PROCESSING CUBIC YARD -::.. , .................. Newspaper Loose 430 PET Soft Drink Whole 34 Bodies Loose,stacked 600 Flattened 75 Baled,downstroke 650 Baled 400 Baled,horizontal, 700 Baled and 650 single ram perforated Baled,hcrizad 800 Grwulated 550 double ram Corrugated Loose 100 HDPE Milk or Whole 30 contains Water Bottles Compacted,packer 230 Flattened 65 truck Baled,downstroke 500 HDPE Colored Whole 45 Bottles Baled,ho izaotal, 650 Flattened 90 single ram Baled,haizootal, 730 HDPE Bottles Baled 400 double ram Office/Computer Loose 330 Grwulsted 530 paw Baled 750 PET&HDPE Whole,loose 32 Milk or Water Books Mixed Paper Loose 150 PET&HDPE Whole,loose 38 Colored Bottles Plastic Film Baled 830 ky .::t:;::'t•:::::;l •:-:•..........z:..-- y�ll :ii•�:4:ii�?:}:-::i-iv-?•ti::::::�v:i•N.v-.-.ii:v:••T.v:.vn:v:::-,.;• Loose 240 Baled 480 OTHER CONVERSION FACTORS: 1 Pallet=30 to 100 pounds each,averaging 40 pounds each 1 Passenger Tire=20 pounds each (19.8 pounds by statute) 1 Truck Tire=60 to 90 pounds each VOLUMETRIC EQUIVALENTS To get volume in cubic yards: 27 cubic feet= 1 cubic yard Divide the number of cubic feet by 27 46656 cubic inches= 1 cubic yard Divide the number of cubic inches by 46656 One Gaylord box(40x48x36)= 1.48 cubic yards Multiply number of Gaylord boxes by 1.48 One 55-gallon barrel=0.27 cubic yard Multiply number of 55-gallon barrels by 0.27 VOLUME-TO-WEIGHT CONVERSION FACTORS FOR REPORTING PURPOSES (for programs that cannot weigh materials or determine their own factors) In order to standardize reporting and maximize accuracy, recycling programs are encouraged to weigh their materials or develop their own volume-!o-weight conversion factors(densities). The following table is provided to help programs without access to scales convert volumes to weights for reporting purposes. These factors are not intended for use in determining payments for handling or sales of materials. These factors were compiled from several sources(primarily by Resource Recycling Magazine) and do not necessarily represent your conditions, particularly for yard trimmings. Where references fisted a range of values, a mid-range density is tabulated below. Wherever possible-, you should indicate the conversion factors that you used in reporting the quantities of materials recovered. Volumetric equivalents are provided at the end of the table to help determine volumes in cubic yards knowing other volumetric measures or numbers of certain containers. To report in tons, divide weights in pounds by 2000 pounds per ton. MATERIAL LEVEL OF POUNDS PER MATERIAL LEVEL OF POUNDS PER PROCESSING CUBIC YARD PROCESSING CUBIC YARD AS.,.. > : [<: = "':»>:< ��.X11[i.................._._.........-.::........:...... ::::._:._::::::::,:::::::::::::.::::::::::::::::::..:.:.:.._::::. Whole 500 Cross Clippings Lease;green 350 Semi-crushed(mamully broker) 1000 Compacted,green 650 Crushed to less than 1-1/2" 1800 Leaves Loose,dry 150 (mxhacucslly broker) Furnace ready,less than 1/4" 2700 Shredded,dry 300 y�slris: ` %< ' 3:' 5 . Vacuumed 400>: >#EE :" ?> . Aluminum Cans Whole 60 Compacted 550 Flattened 200 Brush&Branches Loose 250 Baled 350 Chipped,3"screen 600 Densified 1080 Yard Trimmings Loose 600 Shreds 400 Compacted 1040 Steel(Tin)Cam Whole 150 Clean Wood Chipped 500 Material 1/3 flancned 235 Vegetative Food From the kitchen 800 Material Flattened 400 Solid dt liquid fats 150011 Baled 850 Densified 1600 Appliances UncompaLte d 200 (foods