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Main Contract#582-0-83402;Subcontract#01-04-G07 CITY SECRETARY
City of Fort Worth—Environmental Collection Center Paint Recycling Project CONTRACT NO
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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.
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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
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A EST:
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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
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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
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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.
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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.
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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:
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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.
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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
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"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.
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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
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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.
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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.
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• 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.
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• 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.
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• 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"
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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
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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
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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.
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(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.
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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
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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.
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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.
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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.
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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).
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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
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Main Contract#582-0-83402;Subcontract#01-04-G07
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♦ 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.
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Main Contract#582-0-83402;Subcontract#01-04-G07
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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).
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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.
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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.
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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.
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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.
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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