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Gmrrt Ar4ect Number 17-04-02 CITY SECRETARY p� rjp
CONTRACT NO.
Interlocal Agreement
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and
CITY OF FORT WORTH
1. AGREEMENT PARTIES
This Interlocal Agreement ("Agreement") is entered into by and between the parties named below.
Neither the Texas Commission on Environmental Quality (TCEQ) nor the State of Texas is a party to
this Agreement. This Agreement, including all Attachments, represents the entire Agreement between
the parties.
Funding Agency: North Central Texas Council of Governments
Herein referred to as: NCTCOG
Subrecipient: City of Fort Worth
Herein referred to as: SUBRECIPIENT
2. PURPOSE
The purpose of this Agreement is to define the scope of services for implementation of the provisions
of§361.014(b) of the Texas Health and Safety Code, and the regional solid waste management plan
goals and objectives.
3. SERVICES
For the Recycling Infrastructure (Parks/ISD/City) project, the SUBRECIPIENT shall complete all work
as specified in this Agreement, all Attachments, and the Regional Solid Waste Grants Program
Administrative Procedures. The following Attachments are attached and incorporated into this
Agreement:
Attachment A—Work Program and Schedule of Deliverables
Attachment B — Project Budget and Detailed Cost Sheets
Attachment C— Supplemental Funding Standards
Attachment D — Funding Agency Requirements for Implementation Projects
Attachment E — Reporting Forms and Deadlines
The SUBRECIPIENT shall be responsible for the professional quality, technical accuracy, timely
completion and the coordination of all services and other work furnished by the SUBRECIPIENT under
this Agreement.
The SUBRECIPIENT 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. NCTCOG may require the SUBRECIPIENT to correct and revise any
errors, omissions or other deficiencies in any reports or services provided by the SUBRECIPIENT to
ensure that such reports and services fulfill the purposes of this Agreement. The SUBRECIPIENT
shall make the required corrections or revisions without additional cost to NCTCOG.
Neither 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 SUBRECIPIENT shall be, and remain liable in
accordance with applicable law for all damages to NCTCOG, including reasonable attorney's fees and
court costs caused by the SUBRECIPIENT'S negligent performance of any of the services furnished
under this Agreement.
The obligations of the SUBRECIPIENT under this Article are in addition to the SUBRECIPIENT'S
other express or implied assurances under this Agreement or applicable law.
OFFICIAL RECORD
1 CITY SECRETARY
FT. WORTH, TX
Grant Project Number 17-04-02
4. TERM OF AGREEMENT
This Agreement is effective on the date signed by the last party and shall terminate on August 31,
2017, unless terminated earlier as provided herein.
5. AVAILABILITY OF FUNDS
The source of the funds provided by the Texas Commission on Environmental Quality (TCEQ) is the
Solid Waste Disposal and Transportation Fees, as stated in Texas Health and Safety Code 361.013.
Due to demands upon that source for funds necessary to protect the health and safety of the public, it
is possible that the funds contained in the Municipal Solid Waste Disposal Account, as proscribed in
Texas Health and Safety Code 361.014(d), may be depleted or reduced prior to completion of this
Agreement. The parties agree that all funding arranged under this Agreement is subject to sufficient
funds in the Municipal Solid Waste Disposal Account.
This Agreement and all claims, suits or obligations arising under or related to this Agreement are
subject to the receipt and availability of funds appropriate by the Texas Legislature for the purposes of
this Agreement or the respective claim, suite or obligation, as applicable. In the event funding is not
available, the parties further agree that NCTCOG has no further obligation to pay and SUBRECIPIENT
has no further duty to perform under terms of this Agreement, and the agreement is terminated.
6. REIMBURSEMENTS AND PAYMENTS
The funding amount under this Agreement shall not exceed $87,475.00 as detailed in Attachment B.
All payments for necessary and reasonable actual allowable costs incurred during the term of the
Agreement shall be on a reimbursement basis and comply with Attachment C and D. The following
provisions apply to NCTCOG reimbursement of expenses:
• NCTCOG is not liable for expenses made in violation of Attachment C and D.
• NCTCOG is not liable to the SUBRECIPIENT for costs paid or performance rendered by
SUBRECIPIENT before commencement of this Agreement or after termination of this Agreement.
• All costs must be incurred and paid by SUBRECIPIENT by May 31, 2017 in order to be eligible for
reimbursement.
• NCTCOG is not liable for any costs paid by SUBRECIPIENT in the performance of this Agreement
that have not been billed to NCTCOG by June 30, 2017.
The SUBRECIPIENT must submit a Request for Reimbursement Form at least quarterly (even if no
funds were spent), but not more frequently than once a month. 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. Failure on the part of the SUBRECIPIENT 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.
NCTCOG will review all materials and will not make a reimbursement payment unless all required
items, including any past due progress reports or other forms, have been provided and are deemed to
be accurate. NCTCOG will not reimburse or otherwise make payment for expenditures that are not
authorized under this Agreement. If NCTCOG determines that an expenditure that was reimbursed is
not an authorized expense, NCTCOG will request return and reimbursement of those funds from the
SUBRECIPIENT or, where appropriate, the application of those funds to other authorized expense,
and shall not provide any additional reimbursements to the SUBRECIPIENT until the funds are
returned or are applied to other authorized expenses.
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Grant Project Number 17-04-02
Release of Claims. As a condition of final payment or settlement, or both, the SUBRECIPIENT shall
execute and deliver to NCTCOG a release of all claims against NCTCOG for payment under this
Agreement.
7. TERMINATION
Termination for Cause. NCTCOG may, upon providing 10 days' written notice and the opportunity to
cure to the SUBRECIPIENT, terminate this Agreement for cause if SUBRECIPIENT materially fails to
comply with the Agreement including any one or more of the following acts or omissions:
nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice
NCTCOG's other remedies authorized by this Agreement or by law.
Termination for Convenience. NCTCOG may, upon providing 10 days' written notice to the
SUBRECIPIENT, terminate this Agreement for convenience. Termination shall not prejudice any other
right or remedy of NCTCOG or the SUBRECIPIENT. SUBRECIPIENT may request reimbursement for:
conforming work and timely, reasonable costs directly attributable to termination as mutually agreed.
SUBRECIPIENT shall not be paid for: work not performed, loss of anticipated profits or revenue,
consequential damages or other economic loss arising out of or resulting from the termination.
If, after termination for cause by NCTCOG, it is determined that the SUBRECIPIENT had not
materially failed to comply with the Agreement, the termination shall be deemed to have been for the
convenience of NCTCOG.
Upon receipt of a termination notice the SUBRECIPIENT 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 SUBRECIPIENT in performing this Agreement,
whether completed or in progress.
8. NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION
Representatives. The individual(s) named below are the representatives of NCTCOG and the
SUBRECIPIENT. They are authorized to give and receive communications and direction on behalf of
NCTCOG and the SUBRECIPIENT as indicated below. All communications including official
Agreement notices must be addressed to the appropriate representative or his or her designee.
Changes in Representatives. Either party may change its representative by unilateral amendment.
The NCTCOG Project Representative shall not be deemed to have authority to bind NCTCOG in
Agreement unless NCTCOG's Executive Director has delegated that person to have such authority.
The designated NCTCOG representative will provide direction to the SUBRECIPIENT on contractual
and technical matters.
Project Representative: Alternate Contact to Project Representative:
Soria Adibi, Environment & Development Rachel Evans, Environment & Development
Planner Planner
North Central Texas Council of Governments North Central Texas Council of Governments
Environment and Development Department Environment and Development Department
P. O. Box 5888 P. O. Box 5888
Arlington, Texas 76005-5888 Arlington, Texas 76005-5888
TEL (817) 608-2363 FAX (817) 695-9191 TEL (817) 608-2360 FAX (817) 695-9191
Email: sadibi @nctcog.org Email: revans c(D.nctcog.org
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Grant Project Number 17-04-02
The SUBRECIPIENT hereby designates the individual(s) named below as the authorized personnel to
receive direction from NCTCOG, to manage the work being performed, and to act on behalf of the
SUBRECIPIENT as the Project Representative in contractual and technical matters:
Project Representative: Alternate Contact to Project Representative:
Deborah J. Branch, Planner Randy Acosta
4100 Columbus Trail 818 Missouri Ave
Fort Worth, Texas 76133 Fort Worth, Texas 76104
TEL : 817-392-5151 FAX: 817-392-5170 TEL: 817-392-6314
Email: debbie.branch @FortWorthTexas.Gov Email: Randy.Acosta @FortWorthTexas.Gov
Electronic Signatures. Electronic signatures may be used for budget amendments, reports, and
correspondence provided the owner of the electronic signature approves the use of their signature for
that purpose.
Records Location. The SUBRECIPIENT designates the following (physical) location for record
access and review pursuant to any applicable provision of this Agreement.
City of Fort Worth Solid Waste Services
4100 Columbus Trail
Fort Worth, TX 76133
9. COMPLIANCE WITH APPLICABLE LAWS
The activities funded under this Agreement, shall be in accordance with all provisions of this
Agreement, all applicable state and local laws, rules, regulations, permits, and guidelines. The main
governing standards include, but may not be limited to, the standards set forth in this Article.
• Chapters 361, 363, and 364 of the Texas Health and Safety Code
• Title 30 TAC Chapter 330, Subchapter O, TCEQ Rules
• Title 30 TAC Chapter 14, TCEQ Rules
• The Uniform Grant and Agreement Management Act, Texas Government Code, §§783.001 et.
seq., and the Uniform Grant Management Standards, 1 TAC, §§5.141 - 5.167, (collectively,
"UGMS").
• General Appropriations Act, 84th Regular Legislative session
• Pursuant to Chapter 391 of the Local Government Code, funds received under this Agreement
may be expended only subject to the limitations and reporting requirements set forth in this Article.
10. AGREEMENT AMENDMENTS
Agreement Changes/Adjustments. NCTCOG reserves the right, in its sole discretion, to unilaterally
amend this Agreement throughout the term of this Agreement to incorporate any modifications
necessary. The document may be changed or adjusted by written amendment and mutual agreement
of both parties for Agreement changes. Agreement changes such as changes to project representative
contacts, can be documented via electronic communications and agreement by both parties.
Agreement changes such as: 1) an increase or decrease in the amount of compensation to the
SUBRECIPIENT; 2) an extension or shortening of the term of the Agreement; 3) a significant change,
as deemed by NCTCOG, in the scope of the Agreement or the services to be performed; or, 4) any
action that is beyond the authority of NCTCOG's Executive Director, would require a written
amendment to the Agreement signed by both parties.
Budget Amendments. The SUBRECIPIENT must receive written consent of the NCTCOG
representative for any budget changes. Any budget changes that increases the total cost in
Attachment B, and not to exceed payment amount in Article 6, requires an amendment to this
Agreement.
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Grant Project Number 17-04-02
11. PROGRESS REPORTING REQUIREMENTS
The SUBRECIPIENT shall prepare and submit to NCTCOG quarterly progress, summary, and results
reports in accordance with Attachment E. For any changes to the reporting due dates, the
SUBRECIPIENT must obtain written prior approval for an extension from NCTCOG. All required
reports may be submitted electronically to NCTCOG.
12. ADDITIONAL GENERAL TERMS AND CONDITIONS
No Debt against the State. This Agreement is contingent on the continuing appropriation of funds.
This Agreement shall not be construed to create debt against the State of Texas.
UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management
Standards (UGMS) and applicable state and federal rules and law. The parties agree that all the
requirements of the UGMS apply to this Agreement, including the criteria for Allowable Costs.
Additional federal requirements apply if this Agreement is funded, in whole or in part, with federal
funds.
No Interest for Delayed Payment. Because the FUNDS RECIPIENT is not a vendor of goods and
services within the meaning of Texas Government Code Chapter 2251, no interest is applicable in the
case of late payments.
Audit of Funds. The SUBRECIPIENT understands that acceptance of funds under this Agreement
acts as acceptance of the authority of the NCTCOG, or any successor agency, to conduct an audit or
investigation in connection with those funds. SUBRECIPIENT further agrees to fully cooperate with
NCTCOG or its successor in the conduct of the audit or investigation, including providing all records
requested. SUBRECIPIENT shall ensure that this clause concerning the audit of funds accepted under
this Agreement is included in any subcontract it awards.
Financial Records. SUBRECIPIENT shall establish and maintain financial records including records
of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon
request SUBRECIPIENT shall submit records in support of reimbursement requests. SUBRECIPIENT
shall allow access during business hours to its financial records by NCTCOG and state agencies for
the purpose of inspection and audit. Financial records regarding this Agreement shall be retained for a
period of three (3) years after date of submission of the final reimbursement request.
Responsibility for the Scope of Work. SUBRECIPIENT undertakes performance of the Scope of
Work as its own project and does not act in any capacity on behalf of the NCTCOG nor as a NCTCOG
agent or employee. SUBRECIPIENT agrees that the Scope of Work is furnished and performed at
SUBRECIPIENT's sole risk as to the means, methods, design, processes, procedures and
performance.
Independent Contractor. The parties agree that the SUBRECIPIENT is an independent contractor.
Nothing in this Agreement shall create an employee-employer relationship between SUBRECIPIENT
and NCTCOG. Nothing in this Agreement shall create a joint venture between NCTCOG and the
SUBRECIPIENT.
Responsibilities for Subcontractors. The SUBRECIPIENT'S contractual costs must comply with
allowable cost requirements. SUBRECIPIENTS who are governmental entities must engage in
contractor selection on a competitive basis in accordance with their established policies or NCTCOG's
procurement guidelines. All subcontracts awarded by the SUBRECIPIENT under this Agreement shall
be in accordance with the (UGMS) and other applicable procurement laws. The SUBRECIPIENT shall
be responsible for the management and fiscal monitoring of all subcontractors. The SUBRECIPIENT
shall ensure that all subcontractors comply with all provisions required by this Agreement. NCTCOG
reserves the right to perform an independent audit of all subcontractors.
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Grant Project Number 17-04-02
All acts and omissions of subcontractors, suppliers and other persons and organizations performing or
furnishing any of the Scope of Work under a direct or indirect Agreement with SUBRECIPIENT shall
be considered to be the acts and omissions of SUBRECIPIENT.
No Third Party Beneficiary. NCTCOG does not assume any duty to exercise any of its rights and
powers under the Agreement for the benefit of third parties. Nothing in this Agreement shall create a
contractual relationship between NCTCOG and any of the SUBRECIPIENT's subcontractors, suppliers
or other persons or organizations with a contractual relationship with the SUBRECIPIENT.
Time is of the Essence. SUBRECIPIENT's timely performance is a material term of this Agreement.
Delays. Where SUBRECIPIENT's performance is delayed, except by Force Majeure or act of the
NCTCOG, NCTCOG may withhold or suspend reimbursement, terminate the Agreement for cause, or
enforce any of its other rights (termination for convenience may be effected even in case of Force
Majeure or act of NCTCOG).
Conflict of Interest. SUBRECIPIENT shall have a policy governing disclosure of actual and potential
conflicts of interests. Specifically, for work performed under this Agreement by SUBRECIPIENT or any
related entity or individual, SUBRECIPIENT shall promptly disclose in writing to NCTCOG any actual,
apparent, or potential conflicts of interest, including but not limited to disclosure of:
L Any consulting fees or other compensation paid to employees, officers, agents of
SUBRECIPIENT, or members of their immediate families, or paid by subcontractors or
subrecipients; or
ii. Any organizational conflicts of interest between SUBRECIPIENT and its subcontractors or
subrecipients under a subaward.
No entity or individual with any actual, apparent, or potential conflict of interest will take part in the
performance of any portion of the Scope of Work, nor have access to information regarding any
portion of the Scope of Work, without NCTCOG's written consent in the form of a unilateral
amendment. SUBRECIPIENT agrees that NCTCOG has sole discretion to determine whether a
conflict exists, and that a conflict of interest is grounds for termination of this Agreement.
Quality and Acceptance. All work performed under this Agreement must be complete and
satisfactory in the reasonable judgment of the NCTCOG. All materials and equipment shall be handled
in accordance with instructions of the applicable supplier, except as otherwise provided in the
Agreement.
Quality Assurance. All work performed under this Agreement that involves the acquisition of
environmental data will be performed in accordance with a TCEQ-approved Quality Assurance Project
Plan (QAPP) meeting all applicable TCEQ and Environmental Protection Agency (EPA) requirements.
Environmental data includes any measurements or information that describe environmental
processes, location, conditions, ecological or health effects and consequences. Environmental data
includes information collected directly from measurements, produced from models, and compiled from
other sources such as databases or literature. No data collection or other work covered by this
requirement will be implemented prior to SUBRECIPIENT's receipt of the QAPP signed by TCEQ and,
if necessary, the EPA. Without prejudice to any other remedies available to TCEQ, TCEQ may refuse
reimbursement for any environmental data acquisition performed prior to approval of a QAPP by
TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ,
SUBRECIPIENT's failure to meet the terms of the QAPP may result in TCEQ's suspension of
associated activities and non-reimbursement of expenses related to the associated activities.
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Grant Project Number 17-04-02
Laboratory Accreditation. Any laboratory data or analyses provided under this Agreement must be
prepared by a laboratory that is accredited by TCEQ according to 30 Texas Administrative Code
Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory
exceptions specified in 30 Texas Administrative Code Section 25.6.
Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a
unilateral amendment, SUBRECIPIENT must obtain all intellectual property licenses expressly
required in the Scope of Work, or incident to the use or possession of any deliverable under the
Agreement. SUBRECIPIENT shall obtain and furnish to NCTCOG and TCEQ: documentation on the
use of such intellectual property, and a perpetual, irrevocable, enterprise-wise license to reproduce,
publish, otherwise use, or modify such intellectual property and associated user documentation, and to
authorize others to reproduce, publish, otherwise use, or modify such intellectual property for
NCTCOG and TCEQ non-commercial purposes, and other purposes of the State of Texas.
Grant of License. SUBRECIPIENT grants to NCTCOG and TCEQ a nonexclusive, perpetual,
irrevocable, enterprise-wide license to reproduce, publish, modify or otherwise use for any non-
commercial NCTCOG or TCEQ purpose any preexisting intellectual property belonging to the
SUBRECIPIENT that is incorporated into any new works created as part of the Scope of Work,
intellectual property created under this Agreement, and associated user documentation.
Insurance. Unless prohibited by law, the SUBRECIPIENT shall require its contractors to obtain and
maintain during the Agreement period adequate insurance coverage sufficient to protect the
SUBRECIPIENT and the NCTCOG from all claims and liability for injury to persons and for damage to
property arising from the Agreement. Unless specifically waived by the NCTCOG, sufficient coverage
shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile
Liability Insurance, and Commercial General Liability Insurance,
Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE SUBRECIPIENT SHALL REQUIRE
ALL CONTRACTORS PERFORMING AGREEMENT ACTIVITIES ON BEHALF OF SUBRECIPIENT
TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE NCTCOG AND SUBRECIPIENT AND
THEIR OFFICERS, AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES,
DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF
AGREEMENT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS
AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP,
MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR
FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS OR
DIRECTIVES.THIS CONVENANT SURVIVES THE TERMINATION OF THE AGREEMENT.
Payment of a Release. Neither payment by NCTCOG nor any other act or omission other than an
explicit written release, in the form of a unilateral amendment, constitutes a release of
SUBRECIPIENT from liability under this Agreement.
Schedule of Remedies available to the NCTCOG. In accordance with Texas Government Code
Chapter 2261 the following Schedule of Remedies applies to this Agreement. In the event of
SUBRECIPIENT's nonconformance, NCTCOG may do one or more of the following:]
• Issue notice of nonconforming performance;
• Reject nonconforming performance and request corrections without charge to the
NCTCOG;
• Reject a reimbursement request or suspend further payments, or both, pending accepted
revision of the nonconformity;
• Suspend all or part of the Agreement activities or payments, or both, pending accepted
revision of the nonconformity;
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Grant Project Number 17-04-02
• Demand restitution and recover previous payments where performance is subsequently
determined nonconforming;
• Terminate the Agreement without further obligation for pending or further payment by the
TCEQ and receive restitution of previous payments.
Opportunity to Cure. The SUBRECIPIENT will have a reasonable opportunity to cure its
nonconforming performance, if possible under the circumstances.
Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this
Agreement or applicable law does not preclude or limit the exercise of any other remedy
available under this Agreement or applicable law.
The parties agree that this Agreement does not waive any sovereign immunity to which either
party is entitled by law.
Survival of Obligations. Except where a different period is specified in this Agreement or applicable
law, all representations, indemnifications, and warranties made in, required by or given in accordance
with the Agreement, as well as all continuing obligations indicated in the Agreement, survive for four
(4) years beyond the termination or completion of the Agreement, or until four (4) years after the end
of a related proceeding. A related proceeding includes any litigation, legal proceeding, permit
application, or State Office of Administrative Hearings proceeding, which is brought in relation to the
Agreement or which in NCTCOG's opinion is related to the subject matter of the Agreement. Either
party shall notify the other of any related proceeding if notice of the proceeding has not been provided
directly to that other party.
Delivery of Notice. Notices are deemed to be delivered three (3) working days after postmarked if
sent by U.S. Postal Service certified or registered mail, return receipt requested. Notices delivered by
other means are deemed delivered upon receipt by the addressee. Routine communications may be
made by first class mail, facsimile transmission, email, or other commercially accepted means.
Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted to
exclude the first and include the last day of a period. If the last day of the period is a Saturday or
Sunday or a state or federal holiday, it is omitted from the computation.
State, Federal Law. This Agreement is governed by, and interpreted under the laws of the State of
Texas, as well as applicable federal law.
Severability. If any provision of this Agreement is found by any court, tribunal or administrative body
of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed
severable (to the extent of such illegality, invalidity or unenforceability) and the remaining part of the
provision and the rest of the provisions of this Agreement shall continue in full force and effect. If
possible, the severed provision shall be deemed to have been replaced by a valid provision having as
near an effect to that intended by the severed provision as will be legal and enforceable.
Assignment. No delegation of the obligations, rights, or interests in the Agreement, and no
assignment of payments by SUBRECIPIENT will be binding on NCTCOG without its written consent,
except as restricted by law. No assignment will release or discharge the SUBRECIPIENT from any
duty or responsibility under the Agreement.
Venue. The SUBRECIPIENT agrees that any cause of action involving this Agreement arises solely in
Tarrant County, Texas.
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Grant Project Number 17-04-02
Publication. The SUBRECIPIENT must acknowledge the financial support of NCTCOG and TCEQ
whenever work is funded, in whole or part, through this Interlocal Agreement. This includes using the
following notation on the front cover, title page, surface of recycling bins or carts, vehicle wraps,
vehicles, pencils, pens, T-shirts, stickers, electronic devices, all mechanical equipment, etc.:
"Prepared in cooperation with the North Central Texas Council of Governments through
funding from the Texas Commission on Environmental Quality."
Tangible items where surface space is limited may utilize the TCEQ logo or the phrase "Funded by
TCEQ." Consult with NCTCOG Project Representative to obtain TCEQ logo and for guidance on the
proper display.
SUBRECIPIENT agrees to notify NCTCOG five (5) days prior to the publication or advertisement of
information related to this Agreement. SUBRECIPIENT agrees not to use the NCTCOG or TCEQ logo
or the NCTCOG or TCEQ graphic as an advertisement or endorsement without written permission
signed by the appropriate NCTCOG or TCEQ authority.
Waiver. With the exception of an express, written waiver in the form of a unilateral amendment signed
by NCTCOG, no act or omission will constitute a waiver or release of SUBRECIPIENT"s obligation to
perform conforming Agreement activities. No waiver on one occasion, whether expressed or implied,
shall be construed as a waiver on any other occasion.
Compliance with Laws. NCTCOG relies on SUBRECIPIENT to perform all Agreement activities in
conformity with all applicable laws, regulations, and rules and obtain all necessary permits and
licenses.
Counterparts. This Agreement may be signed in any number of copies. Each copy when signed is
deemed an original and each copy constitutes one and the same Agreement.
Accessibility. All electronic content and documents created as deliverables under this Agreement
must meet the accessibility standards prescribed in 1 Texas Administrative Code sections 206.50 and
213 for state agency web pages, web content, software, and hardware, unless NCTCOG agree that
exceptions or exemptions apply.
13. SIGNATORIES
The Parties have Counsel this Agreement to be executed by their duly authorized repres
COUNCIL OF GOVERNMENTS SUBRECIPIENT
North ntral Texas Council of City of Fort Worth
ov is
Sig ature Signature
Mike Eastland Fernando Costa
Name Name +Cj
a:
Executive Director Assistant City Manager °J
Title Title f
L f re
Date _ -- — -- -Date
9 OFFICIAL RECCR r� r 13ushe,a55 F.�� �Alter
CITY ECREfARIF 1
FT.WORTH,TX t
Grant Project Number 17-04-02
ATTACHMENT A
WORK PROGRAM AND SCHEDULE OF DELIVERABLES
The City of Fort Worth desires to increase access to recycle bins when people are "on the go". Grant
project partners include: Fort Worth B-Cycle, Fort Worth Transportation Authority (the T), schools (K
through 12) and the Fort Worth Park & Rec Dept. All of our grant partners wish to initiate or enhance
recycling; however the limiting factor to our partners recycling is access to recycle bin funding. This
project provides a total of 302 recycle bins to the following entities: *22 bins to Fort Worth B-Cycle *10
bins to the Fort Worth Transportation Authority*100 bins to School Green Teams *10 bins to municipal
buildings *160 bins to City parks This project will enable Fort Worth B-cycle and the Fort Worth
Transportation Authority to initiate recycling for the first time. This project allows the City to purchase
10 Big Belly (BB) non-compacting recycling units to attach to the ten existing garbage BB units at The
T and allow The T to implement recycling. In addition to the 10 BB recycling units placed with The T,
10 more would be purchased for placement at municipal buildings including outside municipal courts &
City Hall, and 10 would be purchased for high usage parks. This project would purchase 150 barrels in
addition to 10 BB units for Park recycling expansion, allowing for new recycling opportunities at
approximately 20-25 parks. Keep Fort Worth Beautiful fosters schools (K-12) to form "Green Teams" to
support school recycling programs and 28 schools received classroom recycling bins. This project
would purchase 100 wheeled recycle carts to expand recycling to the cafeterias and special campus
events (dances/sports) at those schools. All of the purchases will be used 100% for solid waste,
1. Execution of the Interlocal Agreement with the NCTCOG
a. The City of Fort Worth executes the Interlocal Agreement. (May 2016)
2. The City of Fort Worth submits all quarterly and final reports on grant progress to the NCTCOG by
due dates outlined in Interlocal Agreement.
a. Quarterly reports begin May 2016
b. Complete all activities and expenditures by June 28, 2017
c. Complete final report, reimbursement request and Release of All Claims by July 30, 2017
3. The City of Fort Worth to obtain bids and requisition for all locations (June-July 2016)
a. Fort Worth Park and Recreation
1. Big Belly Recycling Units
2. Recycling barrels
b. Fort Worth School —special event recycling bins
c. Fort Worth Bike Sharing trash/recycling bins
d. Fort Worth City Hall and Courts
e. Tarrant Regional Water District
f. Fort Worth Transportation Authority
4. Obtain bins and install in all locations (September 2016)
5. Work with staff, partners and recycling contractors to ensure recyclables are recycled (September
2016)
6. Public Outreach Campaign (September 2016 — June 2017)
a. City of Fort Worth will work with our partners to promote a "Recycling on the Go" campaign via our
website, social media, water bill insert and City Cable
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Grant Project Number 17-04-02
ATTACHMENT B
PROJECT BUDGET AND DETAILED COST SHEETS
Budget Categories Funding
Amount
1. Personnel (Salary) $0
2. Fringe Benefits $0
3. Travel (Does not include registration) $0
4. Supply Budget (unit cost of less than $1,000) $0
5. Equipment (unit cost of$5,000 or more, and Controlled Assets up to $4,999) $0
6. Contractual (other than for Construction) $0
7. Construction $0
8. Other Expenses $87,475.00
TOTAL Direct charges $87,475.00
9. Indirect charges $0
TOTAL PROJECT COST $87,475.00
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IN-KIND DETAILS
(NOTE: Items purchased with cash- must have proof of payment. Items purchased with Non-Cash must
also have proof of payment, and can be anything entity did not pay for.) : The City of Fort Worth will
provide $100,000 in In-Kind services.
DETAILED BUDGET SHEET - Other Expenses
Other Expenses Quantity Unit Cost Funded
Amount
FY 17 -Wheeled Recycling Carts (for Green School Cafeteria 100 $57 $5,700.00
& activity recycling)
FY 17 -All in on Trash/Recycle Outdoor Unit (placed at B- 22 $925 $20,350.00
Cycle Stations)
FY 17 - Big Belly Recycling Units (for high traffic areas) 30 $1,645 $49,350.00
FY 17 - 55 gallon drum recycling barrel w/custom lid (for park 150 $80.50 $12,075.00
recycling)
TOTAL $87,475.00
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Grant Project Number 17-04-02
ATTACHMENT C
ELIGIBLE EXPENSE STANDARDS
Other Expenses
Any Request for Reimbursement must include an itemization of the expenses, using the
Reimbursement Request Form.
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 NCTCOG.
The "Other" expenses as identified in Attachment B of the Project Budget are allowed. The restrictions
set forth in the Uniform Grant and Agreement Management Standards apply. All expenses budgeted
under this "Other' category shall be itemized by the project SUBRECIPIENT when requesting
reimbursement. Some expenses that may be appropriate include:
a. Postage/delivery g. Office space
b. Telephone/Fax h. Basic office furnishings
c. Utilities i. Legal costs
d. Printing/reproduction j. Vehicle maintenance
e. Advertising/Public notices k. Any others
f. Signage
The expenses under this budget category must receive NCTCOG's written approval prior to purchase.
Again, for these "other" expenditures, documentation for reimbursement must show that the expenses
were paid (a copy of the check) or bank transmittal and shall include purchase orders if issued and
invoices, or receipts.
In-kind Services
The SUBRECIPIENT shall track In-kind Services separately from project funding and shall
itemize those costs on the required Reimbursement Request Form, which shall be submitted
with each Request for Reimbursement Form.
In reference to the performance of the SUBRECIPIENT under this Agreement, In-kind Services shall
be for staff or services directly involved with the work related activities as defined in the approved work
plan.
In-kind Services 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, NCTCOG may terminate the Agreement for non-compliance.
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Grant Project Number 17-04-02
ATTACHMENT D
FUNDING AGENCY STANDARDS FOR IMPLEMENTATION GRANTS
In addition to the standards set forth in applicable law and regulations, the standards outlined below
apply to all uses of the solid waste grant funds. These funding agency standards and limitations apply
to all implementation project activities funded under this Agreement. The SUBRECIPIENT is
responsible for ensuring compliance with these standards. Furthermore, at the discretion of NCTCOG
and the funding agency, the Texas Commission on Environmental Quality (TCEQ), may deem certain
expenses ineligible that are not explicitly stated in these Funding Standards. The FUNDS
RECIEPIENT should coordinate with NCTCOG to determine eligibility of all expenses prior to incurring
project expenses.
General Standards
1. The provisions of the Uniform Grant Management Standards (UGMS) issued by the Office of the
Governor apply to the use of these funds, as well as the supplement financial administration
provided in the program Administrative Procedures.
2. Recipients of funds under this Agreement and subcontractors shall comply with all applicable state
and local laws and regulations pertaining to the use of state funds, including laws concerning the
procurement of goods and services and competitive purchasing requirements.
3. Funds may not be provided through a pass-through grant or subcontract to any public or private
entity that is barred from participating in state Agreements by the Texas Facilities Commission.
4. Public and private entities subject to payment of state solid waste disposal fees and whose
payments are in arrears may not receive funds under this Agreement through either a pass-
through grant or subcontract.
5. In accordance with §361.014(b), Texas Health and Safety Code, and 30 TAC §330.649(d), TCEQ
Regulations, 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 included non-profit and not-for-profit non-governmental entities.
6. All equipment and facilities purchased or constructed with funds provided under this Agreement
shall be used for the purposes intended in the funding Agreement and comply with Attachment C.
7. A project or service funded under this Agreement must be consistent with the NCTCOG Regional
Solid Waste Plan, and must be intended to implement the goals, objectives, and priorities
established in the regional plan.
8. Funds may not be used to acquire land or an interest in land.
9. Funds may not be used to supplant existing funds. In particular, staff positions where the assigned
functions will remain the same and that were active at the time of the funding application or
proposal, and were funded from a source other that a previous solid waste grant, may not be
funded.
10.Funds may not be used for food or entertainment expenses, including refreshments at meetings
and other functions. This provision does not apply to authorized employee per diem expenses for
food costs incurred while on travel status.
11.Funds may not be used for payment of salaries to any employee who uses alcoholic beverages on
active duty. Funds may not be used for the purchase of alcoholic beverages, including travel
expenses reimbursed with these funds.
12.Funds may not be used for employment, Agreements for services of a lobbyist, or for dues to an
organization, which employs or otherwise Agreements for the services of a lobbyist.
13.Funds may only be used for projects or programs for managing municipal solid waste.
14.Except as may be specifically authorized, funds may not be used for projects or facilities that
require a permit from the TCEQ and/or that are located within the boundaries of a permitted facility,
including landfills, wastewater treatment plants, or other facilities. This restriction may be waived
by the TCEQ, at its discretion, for recycling and other eligible activities that will take place within
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Grant Project Number 17-04-02
the boundaries of a permitted facility. The applicant and/or NCTCOG must request a preliminary
determination from the TCEQ as to the eligibility of the project prior to the project being considered
for funding by NCTCOG.
15.Projects or facilities requiring a registration from the TCEQ, and which are otherwise eligible for
funding, must have received the registration before the project funding is awarded.
16.Except as may be specifically authorized, funds may not be used for activities related to the
collection or disposal of municipal solid waste. This restriction includes: solid waste collection and
transportation to a disposal facility; waste combustion (incineration or waste-to-energy); processing
for reducing the volume of solid waste which is to be disposed of; landfills and landfill-related
facilities, equipment, or activities, including closure and post-closure care of a permitted landfill
unit; or other activities and facilities associated with the disposal of municipal solid waste.
17.Funds may not be used to assist an entity or individual to comply with an existing or pending
federal, state, or local judgment or enforcement action. This restriction includes assistance to an
entity to comply with an order to clean up and/or remediate problems at an illegal dumpsite.
However, the TCEQ may waive this restriction, at its discretion and on a limited case-by-case
basis, to address immediate threats to human health or the environment, and where it is
demonstrated that the responsible party does not have the resources to comply with the order.
18.Funds may not be used to pay penalties imposed on an entity for violation of federal, state, or local
laws and regulations. This restriction includes expenses for conducting a supplemental
environmental project (SEP) under a federal or state order or penalty. Funds may be used in
conjunction with SEP funds to support the same project.
Source Reduction and Recycling. Any program or project funded with the intent of demonstrating
the use of products made from recycled and/or reused materials shall have as its primary purpose the
education and training of residents, governmental officials, private entities, and others to encourage a
market for using these materials.
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F Y -
Grant Project Number 17-04-02
ATTACHMENT E
REPORTING FORMS AND DEADLINES
The SUBRECIPIENT agrees to provide, throughout the life of the project, quarterly, final, and follow-up
reports to document the project's results during and after the culmination of the project. The required
reporting forms can be found at http://www.nctcog.org/solidwastegrants.
Quarterly Reports. The SUBRECIPIENT shall prepare and submit to NCTCOG quarterly progress
reports documenting the accomplishments and units of work performed under this Agreement. The
Quarterly Summary/ Results Report form provided by NCTCOG will be due to NCTCOG on the days
indicated below:
',TING PERIOD: DUE DATE
Quarterly Report#1 Start of Agreement -August 31, 2016 Thursday, September 8, 2016
-- -- - - -- -- -
Quarterly Report#2 September 1, 2016 - November 30, 2016 Thursday, December 8, 2016
Quarterly Report#3 i December 1, 2016 - February 28, 20-17 Wednesday, March 8, 2017
Quarterly Rep- rt#4- March 1, 2017 -May 31, 2017` Thursday, June 8, 2017
Results Report of Agreement-August 31, 2017 Friday, September 8, 2017
Year Later Follow-Up September 1, 2017-August 31, 2018 Wednesday, September 5,
Results Report �_ 2018
The SUBRECIPIENT'S Reports must contain adequate descriptions of all project activities performed
in order to allow 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
NCTCOG and shared as appropriate with members of the RCC. Any legal research and related legal
activities shall be clearly detailed in the progress reports in order to assure NCTCOG that the activities
are not prohibited. The SUBRECIPIENT shall comply with any reasonable request by NCTCOG for
additional information on activities conducted in order for NCTCOG to adequately monitor the
SUBRECIPIENT'S progress in completing the requirements of and adhering to the provisions of this
Agreement.
Final Reports. A Final Report, due September 8, 2017 in a format provided by NCTCOG. The Final
Report should include cumulative information from the beginning of the project to August 31, 2017.
Year Later Follow-Up Results Report. The Follow-up Results Report will provide cumulative results
to document the impact of the project beyond the date of this Agreement. The Follow-up Results
Report form will be provided by NCTCOG and will be due September 5, 2018.
15