HomeMy WebLinkAboutContract 33439 CiTY SECRETARY
CONTRACT NO.
Main Contract#582-6-78041;Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle TV Campaign
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
INTERLOCAL AGREEMENT FOR SOLID WASTE IMPLEMENTATION PROJECT
This Interlocal Agreement is entered into by and between the parties named below. Neither the
Texas Commission on Environmental Quality nor the State of Texas is a party to this Interlocal
Agreement.
CONTRACTING PARTIES:
The Funding Agency: North Central Texas Council of Governments
Herein referred to as "NCTCOG"
Funds Recipient: City of Fort Worth, Texas
Herein referred to as "FUNDS RECIPIENT"
II. SERVICES TO BE PERFORMED:
For the "Recycle and Buy Recycle TV Campaign"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 Interlocal Agreement shall not exceed: One hundred
thirty five thousand dollars ($135,000). The budget details are in Attachment B.
IV. TERM OF CONTRACT:
This Interlocal Agreement is effective March 15, 2006 and shall terminate June 15, 2007. This
Interlocal 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.
This Interlocal Agreement must be signed and executed forty-five (45) days from the effective
date stated above.
In the event funding is not available, the parties further agree that NCTCOG has no further
obligation to pay and "FUNDS RECIPIENT has no further duty to perform under terms of 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 Interlocal Agreement, including all Attachments, represents the entire contract between the
contracting parties. Any changes or modifications to this Interlocal Agreement must be in writing.
Funds for this subcontract are currently available from the Texas 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 Interlocal Agreement. The
parties agree that all funding arranged under this Interlocal Agreement is subject to sufficient funds
in the MSWDTRF.
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Main Contract#582-6-78041;Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle N Campaign
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.
COUNCIL OF GOVERNMENTS PROJECT FUNDS RECIPIENT
North Central Texas Council of City of Fort Worth, Texas
Governments
6(indirg agency Local Government
Sigli4ture Signature
Mike Eastland 1-15 b j (A)A TS a �
Name Name
Executive Director A5S i. R)C,Q
Title Title
/ -3. ����
Date Date
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APPROVED AS TO FORM & LEGALITY:
By NAqm
Title: Asst. City Attorney
ATTEST:
ay
Printed Name: Marty Hendrix
Title: City Secretary
Date: 41r,, I 5j a�cu
M & C
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Main Contract#582-6-78041;Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle N Campaign
LIST OF ATTACHMENTS
ATTACHMENT A. WORK PROGRAM AND SCHEDULE OF DELIVERABLES..............................1
ATTACHMENT B. BUDGET & DETAILED COST SHEETS....................................................... 2
ATTACHMENT C. SCHEDULE FOR REIMBURSEMENT AND REPORTING..............................10
ATTACHMENT D. SPECIAL PROVISIONS...........................................................................11
Article 01. PURPOSE OF AGREEMENT...............................................................................11
Article 02. LIMITATIONS AND REPORTING REQUIREMENTS.................................................11
Article 03. FINANCIAL OBLIGATION....................................................................................11
Article 04. REIMBURSEMENT PROCEDURES.....................................................................12
Article 05. BUDGET CATEGORY ADJUSTMENTS.................................................................13
Article 06. PROJECT REPORTING REQUIREMENTS.............................................................13
Article 07. PERFORMANCE MEASURES.............................................................................14
Article 08. PERSONNEL....................................................................................................15
Article 09. TRAVEL..........................................................................................................15
Article 10. CONSUMABLE SUPPLIES.................................................................................15
Article 11. EQUIPMENT....................................................................................................16
Article 12. CONTRACTUAL EXPENSES...............................................................................18
Article 13. CONSTRUCTION..............................................................................................19
Article 14. OTHER EXPENSES...........................................................................................20
Article 15. INDIRECT EXPENSES.......................................................................................20
Article 16. IN-KIND SERVICES/CASH CONTRIBUTIONS.........................................................21
Article 17. PROJECT CONTACTS.......................................................................................21
ATTACHMENT E. GENERAL PROVISIONS............................................................ .............23
Article 01. ELIGIBLE PROJECT FUNDING RECIPIENTS........................................................23
Article 02. RESPONSIBILITIES OF THE FUNDS RECIPIENT...................................................23
Article 03. OVERSIGHT OF SOLID WASTE IMPLEMENTATION PROGRAM..............................24
Article 04. STANDARDS FOR IMPLEMENTATION PROJECTS................................................24
Article 05. MONITORING REQUIREMENTS..........................................................................29
Article 06. COMPLIANCE WITH APPLICABLE LAWS.............................................................29
Article 07. UNIFORM GRANT AND CONTRACT MANAGEMENT ACT.......................................29
Article 08. ACCOUNTING SYSTEM....................................................................................30
Article 09. RELEASE OF CLAIMS.......................................................................................30
Article 10. ACCESS/EXAMINATION OF RECORDS...............................................................30
Article11. AUDITS...........................................................................................................31
Article 12. INSURANCE AND LIABILITY...............................................................................31
Article 13. HAZARDOUS SUBSTANCES, WASTE DISPOSAL AND MANIFESTS........................32
Article 14. CONFLICTS OF INTEREST.................................................................................32
Article 15. SURVIVAL OF OBLIGATIONS.............................................................................32
Article 16. CONTRACTUAL COSTS.....................................................................................32
Article 17. CHANGES TO INTERLOCAL AGREEMENT...........................................................33
Article 18. SEVERABILITY.................................................................................................33
Article 19. INTELLECTUAL PROPERTY................................................................................33
Article 20. CORRESPONDENCE........................................................................................34
Article 21. DATA AND PUBLICITY.......................................................................................34
Article 22. ASSIGNABILITY................................................................................................35
Article 23. SUBAGREEMENTS AND SUBCONTRACTS..........................................................35
Article 24. SUPPLEMENTAL FUNDING STANDARDS............................................................35
Article 25. IDENTIFICATION OF THE FUNDING SOURCE.......................................................37
Article 26. THEME PHRASE FOR PUBLIC EDUCATION MATERIALS.......................................37
Article 27. AMERICANS WITH DISABILITIES ACT REQUIREMENTS........................................37
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Main Contract#582-6-78041;Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle TV Campaign
Article 28. EMPLOYMENT PRACTICES.............................................................................37
Article 29. STATUTES RELATING TO NONDISCRIMINATION..............................................37
Article 30. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES....38
Article 31. SAFETY AND PROTECTION............................................................................38
Article 32. ENERGY EFFICIENCY STANDARDS................................................................38
Article 33. FORCE MAJEURE..........................................................................................38
Article 34. TERMINATION OF INTERLOCAL AGREEMENT...................................................38
DEFINITIONS............................................................. ......40
................................................
APPENDIX:
PROJECT REPORT FORMS
FINANCIAL REIMBURSEMENT FORMS
Example of a RELEASE OF CLAIMS
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Main Contract#582-6-78041;Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle N Campaign
Attachment A. Work Program and Schedule of Deliverables
Background
Residents commonly ask the City of Fort Worth public education, "Why do we need to recycle?" There
seems to be little understanding by the public of the recycling process—where do the recyclables go after
they are picked up on the curb. Most give it Tittle thought. Few know recycled items can become other
items or parts of items. The manufacturing process to make recycled items is less stringent and needs
less energy than was needed to make the original item. With lack of proper knowledge and
understanding of the recycling process, comes lower recycling participation regionwide.
The "Closing the Loop" message of purchasing products made from recycled material may be new for a lot
of people. The commercial message to look for products made from recycled materials will inform buyers
that these products exist and may already be in their neighborhood grocery and/or hardware stores. This
campaign will encourage homeowners to look for and buy recycled products. The City of Fort Worth believes
that if people understand "Closing the Loop" concept it will increase awareness and increase participation.
The benefits will be less trash going to the landfill and more items into the recycling carts.
The Project Title is:
"Recycle and Buy Recycle TV Campaign for all 16-NCTCOG Counties"
Description:
Write, produce and air one generic :30 cable N commercial with air schedules reaching to all 16
counties in the North Central Texas County of Governments: Palo Pinto, Erath, Hood, Johnson, Ellis,
Navarro, Parker, Tarrant, Dallas, Rockwall, Kaufman, Wise, Denton, Collin, Hunt and Sommervell
counties.The TV spot would be generic in nature and promote recycling; it would not reference Fort
Worth's recycling program or any other city's recycling program. Through this public awareness
campaign 24 million people will have the opportunity to be exposed to the spot in all 16-NCTCOG
counties. "
The spot's message would be focused on materials or items that can be recycled and the different items
they can be turned into. This creative script will reinforce the Buy Recycled process and will close with a
Buy Recycled Tag and NCTCOG credits.
The cable TV spot will be geared toward the target audience of women 25-54 years of age who are
believed to be the main person in the household who either supervises or requests indoor recycling help
from family members, or who buys recycled products. The female of the house is also more inclined to
open and read informational mail pertaining to city or county recycling.
The air schedule will include TV programs aimed at women 25-54 on cable channels such as LifeTrme,
Food-TV, Home &Garden TV, DIY TV, Court TV, Oxygen TV, USA TV, TNT TV, etc.
City of Fort Worth City Cable Channel will air the spot continuously for no charge.
The project funding will allow the TV spot to be produced and aired approximately 250 times over nine cable
channels, reaching all 16 NCTCOG counties, and 24 million people will have the opportunity to be exposed
to the spot.
Production costs will cover concept and script development, talent, production and post-production costs,
background music, special effects, limited animation, location permits or fees, and media Pent
consultation and coordination. Portions of the spot may include limited animation, backgrod nO mt slc pop.- ,
special effects to gain viewer's attention.
The City of Fort Worth Environmental Management Public Education Coordinator and a Public Education
Specialist will oversee and coordinate this project.
Early Concepts Being Considered for TV Spot:
Concept#1:
A Ione aluminum can gets a gust of wind to send him down the street near a storm drain.
He squirms being so close to falling down the stone drain. He actually speaks and has eyes and mouth
He laments that he's never going anywhere with any purpose in life—being blown to-and-fro. A sad
thing, indeed. Then here comes a hand picking him up.With a TV special effects transition, he now has
become a bat (with a mouth and eyes) in a boy's tight grasp at a game. The boy and the bat hit the ball
and it sails across the stands. They both feel like heroes. Copy says something like"Recycle me and
others like me, Be Proud, Recycle."
Concept#2
A lady is shopping for carpet and finds the cost so high that she cannot buy it. She then discovers
recycled carpet, within budget, and sees it installed. She shows her husband two plastic bottles and tells
him that this carpet used to be these bottles. Recycle and Buy Recycled.
Concept#3
On location at a paper mill; documentary-style.A moderator with microphone peeks over a vat of wet
pulp being slowly stirred. "Did you know this used to be phone books,junk mail, bill, school paper?
(Moderator has these products nearby).Within minutes, it is made into this." He shows rolls of paper,
"Then eventually this...stationery, a new newspaper, magazine, etc. "Look for products made from
recycled products first—then Buy. Oh, yes, and don't forget to keep on recycling so these vats can stay
full. Otherwise... it's such a waste." Tag: Buy Recycled.
PROJECT SUSTAINABILITY
BONUS POINT POTENTIAL
(Up to 10 points)
An Applicant can gain up to 10 additional bonus points by elaborating fully on how the proposed program
will be sustained after the funding period. Provide information related to the level of commitment to
preferred solid waste management practices. If the proposed project is an ongoing service, discuss the
ability to sustain the program beyond the term of the funding period. Explain the extent to which the
appropriate governing bodies support the proposed project, and continuing the effort after the end of the
project cycle. List any previous commitment to preferred solid waste management practices, such as
implementing other projects, involvement in a local or sub-regional solid waste management plan or
study, or membership in the TCEQ's Clean Texas Program.
If this proposed project has received previous funding under this program, explain to what extent the
proposal involves expansion of current services or operations,present quantifiable documentation of the
success of the project in order to wan-ant further funding.
1) The City of Fort Worth has committed two staff, 600 in-kind hours totaling $16,223, should this project
should be funded by North Central Texas Council of Governments.
2) The solid waste education budget's sole purpose is to communicate and educate the public about
recycling and management of waste produced by residents. The budget process begins each year for
the City of Fort Worth in April and the Education Coordinator plans to request funding in FY budget 2007-
2008 to air the Cable TV spots produced with NCTCOG's funding (if approved.)
3) In a separate document, the City is requesting production and airing of a TV spot--there is money
included for airing a spot on Cable TV. This money can be used to extend the life of the spot included in
this application. This funding will double the airtime of the commercial which we produce if we receive
NCTCOG funding for this application. Repetition of the spots will help viewers become more aware of
recycling and that products are available, but you must look for them.
4) The City Council implemented an aggressive curbside recycling campaign in March 2003. The
participation rate increased from six percent to twenty percent within one year.
5) In 2006, the coordinator plans to produce a Spanish voice over using the same video and air the spots
on Spanish language TV channels. Having this TV spot produced and ready to go, opens several doors
for airing it elsewhere in other formats and reaching a more diverse population.
6) The coordinator will continue to look for other venues to air the already produced TV spots--and will
actively promote use of the spots in other NCTCOG counties through use of NCTCOG's Web site. A
minimal cost for a tape and shipping would be incurred, but the spot would not cost a city or organization
any money if attained for TV airing.
FORM 6. PROJECT WORK PROGRAM AND TIMELINE
(Up to 20 points)
Please provide a complete Work Program with major steps or tasks to complete the proposed project
plainly presented with a specific Timeline. This Work Program with its schedule of deliverables will be
considered the Scope of Work to be performed under the interlocal Agreement if this project is funded.
Once the details of the work program have been negotiated with the Applicant and the project is
approved for funding, the Scope of Work will be entered into the Interlocal Agreement. This Scope of
Work will be used verbatim in the Interlocal Agreement therefore, it should be as complete as possible.
For each task describe as concisely as possible the major steps or activities involver/, identify the
responsible entities and establish a specific timeline to accomplish each task The Scope of Work must
include.
• detailed purpose and goal of the project(must be consistent with implementing the SEE Less.
Trash Plan goals, objectives and action recommendations)
• specific task statements with responsible entity identified
• list of deliverablestproducts/activities under each task schedule of deliverables
Form S. Project Work Program and Timeline
Project Goal: Time to Recycle
Public Education Coordinator—Susie Sweeton
Public Education Specialist—Victoria Capik or Kathy Keller-Mielke
1. Task
Write and obtain Council approval for Resolution of Court Order(M&C)for project funding.
Date: January 10, 2006
Deliverable: Resolution of Court Order(M&C)
Responsible Entity: Coordinator and Shirley Hoover, Environmental Management Dept.
2. Task
Execute Interlocal Agreement and set up acct. with Finance Dept
Date: March 15-31, 2006
Responsible Entity: Coordinator and Shirley Hoover, Environmental Management
3. Task
Manage and track expenses
Deliverable: At A-Glance Report of money spent
Date: March 15-May 31, 2007
Responsible Entity: Coordinator
4. Task
Send Request for Proposal (RFP)to advertising companies for N spot production and act as liaison with
cable N company. Hold meetings and/or presentations. Select company. Request Purchase Order.
Date:April 1 --May 30, 2006. Must be approved by Council during this time period. Costs must align with
Project budget.
Deliverable: Purchase Order
Responsible Entity: Coordinator
5. Task
Execute contract with Comcast for airing spots on cable TV,Negotiate for freebies.
Date: May 1-30, 2006. Must be approved by Council during this time period. Costs must align with
project budget.
Deliverable: Purchase Order
Responsible Entity: Advertising Agency (Vendor) '
6. Task
Write and approve script. Review message for goal attainment.
Date: May 1-30, 2006
Deliverable: Final script with timing
Responsible Entity: Advertising Agency, Coordinator, Specialist
7. Task
Talent (voice) auditions and final selection.
Date: May 2006 (4"'week)
Deliverable: Audition tape
Responsible Entity: Advertising Agency, Coordinator, Specialist
8. Task
Scout location, approvals
June 1-7, 2006
Deliverable: None
Responsible Entity: Advertising Agency, Coordinator, Specialist
9. Task
Produce and edit spot. Ask City "Voice" newsletter to document production for story.
Review for goal attainment. Seek citizens/comments.
June 7-20, 2006
Deliverable: None
Responsible Entity: Advertising Agency, Coordinator, Specialist
10. Task
City officials approve spot, revisions or re-edits
June 20-30, 2006
Deliverable: None
Responsible Entity: Advertising Agency, Coordinator, Specialist
11. Task
Additional re-edits. Spot is finished.
Date: July 1-7, 2006
Deliverable: TV spot on disk and one tape
Responsible Entity: Advertising Agency, Coordinator
12. Task
Master tapes made and distributed to TV stations.
Meet with Comcast.
Date: July 15-30, 2006
Deliverable: 10 Beta Tapes for stations
Responsible Entity: Advertising Agency
Main Contract#582-6-78041;Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle N Campaign
13. Task
Budget Review–In-House
Date: July 15-30, 200Attachment A. Work Program and Schedule of Deliverables
Deliverable: None
Responsible Entity: Coordinator, Specialist
14. Task
Meet with Comcast to go over schedule again—make any changes.
Date: July 1-30, 2006
Responsible Entity: Advertising Agency, Coordinator
15. Task
Begin airing spot on cable N channels.
Date: August 2006 until May 2007 (depending on schedule selected)
Deliverable: None
Responsible Entity: Comcast
16. Task
Begin airing spot on City Government Cable N–Fort Worth
Date: August 2006 to September 2006; with fill-ins as needed
Deliverables: None
Responsible Entity: City Cable Manager, Specialist
17. Task
In-House Budget Review
Date: September 20, 2006 (before fiscal year-end)
Responsible Entity: Coordinator, Specialist
Quarterly Reports will be completed and sent to NCTCOG according to given schedule if
grant funding is approved.
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Main Contract#582-6-78041;Subcontract#06-04-G05 Fort Worth Recycle and Buy Recyde'rV Campaign
Attachment B. Budget and Detailed Cost Sheets
Note: This Budget information is taken directly from the Project Application.
PROJECT CASH
1,3UPOEVITU 4G IN-KIND
FUNDING TOT '�Paoigcl�
4T
SEI RVICES 11'r "N
AMOUNT
$16,223
1. Person nel/salaries
2. Fringe benefits
3. Travel
4. Supplies
5.
_Equiipment
6. Construction
000
7. Contractual $135, $4
8. Other
$135,000 re 1 '$4.35'001 "
,fgum Of lilies _sl
9. Indirect char
Total cost.(sumo A 1 $135,000 $161223 $151,223
Note: In-kind services should relate only to staff or services directly involved with the funded
project. Cash contributions identified in this project budget should be tracked separately from
the in-kind services, with the understanding that if in-kind or cash contributions are not provided
during the term of the grant, NCTCOG may terminate the grant for non-compliance.
Note: LIST IN-KIND & CASH CONSTRIBUTIONS HERE
Person nel/Salary
Education Specialist, 300 hours = $6,018
Education Coordinator, 300 hours = $10,205
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Main Contract#582-6-78041;Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle N Campaign
DETAILED BUDGET SHEET- Line(s) 1, 2 and/or 9: Personnel/Salaries/Fringe
Benefits/Indirect Rate
This budget sheet should be completed if any expenses are entered for Personnel/Salaries on
Line 1 of the Project Budget Summary; otherwise omit. $
In the space below, list the names, and titles of individuals whose salaries are 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*: %
* 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#582-6-78041;Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle TV campaign
DETAILED BUDGET SHEET- Line 3: Project-Funded Travel
This budget sheet should be completed if any expenses are entered for travel on Line 3 of the
Project Budget Summary; otherwise omit. $
The following is an itemized list of the types of travel expenses expected, identifying the parties
and purposes involved. In general, all travel is within the North Central Texas region or within
Texas. All proposed travel outside Texas must be specifically listed and will need specific
approval from the NCTCOG and the TCEQ.
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Main Contract#582-6-78041;Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle N Campaign
DETAILED BUDGET SHEET - 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. $
This type of 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.)
The following is an itemized list of the general types of supplies and their cost that are intended
to be purchased with project funding:
Item Unit Cost Total Cost
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Main Contract#582-6-78041; Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle N Campaign
DETAILED BUDGET SHEET- Line 5: Project-Funded Equipment
This budget sheet should be completed if any expenses are entered for equipment on Line 5 of
the Project Budget Summary; otherwise omit. $
Equipment includes all non-construction related, tangible property having a unit acquisition cost
of$5,000 or more, with an estimated useful life of over one-year. All equipment purchases must
be pre-approved by the NCTCOG.
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DETAILED BUDGET SHEET- Line 6: Project-Funded Construction
This budget sheet should be completed if any expenses are entered for construction on Line 6
of the Project Budget Summary; otherwise omit. $
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:
• the cost of materials and labor connected to the construction project;
• the cost of equipment attached to the permanent structure; and the cost of planning the
project; and,
• 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.
The following is an itemized list the construction expenses associated with the funded project,
with as many specifications as possible:
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Main Contract#582-6-78041; Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle TV Campaign
DETAILED BUDGET SHEET - Line 7: Project-Funded Contractual
This budget sheet should be completed if any expenses are entered for contractual services on
Line 7 of the Project Budget Summary; otherwise omit. $ 135,000
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 project funds 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.
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.
The following is an itemized list of the contractual expenses associated with the funded project,
with as many specifications as possible:
An advertising agency will be hired to produce a :30 TV spot
Concept development, script writing, talent auditions, talent, licensed music usage,
location production, post production, special effects, minimal animation, 10 Beta
master tapes, and 3 VHS tapes $35,000
Selection of cable TV channels, reserve and purchase the spots; run the spot 250 times
or more in all 16 counties $100,000
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DETAILED BUDGET SHEET -Item 8: Project-Funded Other Expenses
This budget sheet should be completed if any expenses are entered under"other" on Line 8 of
the Project Budget Summary; otherwise omit.
"Other"expenses are those for items or services that do not readily fit into any of the previous
budget categories.
The following is an itemized list of other expenses:
$ Postage/delivery
$ Telephone/FAX
$ Utilities
$ 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¬ listed under equipment category)
$ Computer Software
$ Miscellaneous other expenses
(Separately itemize these expenses below)
$ TOTAL"other" expenses, equal to the amount entered on
Line 8 of the budget summary.
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Attachment C. Reimbursement Requests and Reports
The FUNDS RECIPIENT must submit a "Request for Reimbursement" at least quarterly (even if
no funds were spent), but not more frequently than once a month, for reimbursement of actual
allowable costs.
All Requests for Reimbursement shall be submitted in accordance with the requirements
identified in Attachment D, Article 04 "Reimbursement Procedures" of this Interlocal Agreement.
The final Request for Reimbursement must include a Release of Claims as indicated under
Attachment E. Article 09, "Release of Claims" of this Interlocal Agreement. An example of such
a document can be found in Appendix B.
Reporting along with Reimbursement Requests:
The following represents the reporting schedule for projects funded in fiscal years 2006-07:
DUE DATES FY06-07 PROGRESS REPORTS REPORTING PERIOD
Quarterly Project Summary/Results Report#1: March 15, 2006 through June 30, 2006
Due July 5, 2006
Quarterly Project Summary/Results Report#2: July 1, 2006 through September 30, 2006
Due October 5, 2006
Quarterly Project Summary/Results Report#3: October 1, 2006 through December 31, 2006
Due January 5, 2007
Quarterly Project Summary/Results Report#4: January 1, 2007 through March 31, 2007
Due April 5, 2007
Final Results Report & Release of Claims April 1, 2007 through June 15, 2007
Due July 13, 2007
Follow-Up Results Report: One (1) year after completion of the project
Due July 31, 2008 upon NCTCOG request.
vec : c
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Main Contract#582-6-78041;Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle N Campaign
Attachment D. Special Provisions
Article 01: Purpose of the Interlocal Agreement
The purpose of this Interlocal Agreement is to accomplish the goals of House Bill (H.B.) 3072,
74th 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 Texas Commission on Environmental Quality (TCEQ). This
Interlocal Agreement is to perform specific tasks identified by NCTCOG's Resource
Conservation Council (RCC) among several top-ranked local projects during the FY2005 project
funding cycle.
Article 02: Limitations and Reporting Requirements
Pursuant to §391 of the Local Government Code, funds received under this Interlocal
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, and 1 TAC §5.83 and §5.87,
Governor's Office Regulations.
• FUND RECIPIENT'S Indirect Costs must comply with §391.0115 of the Local
Government Code, and 1 TAC §5.86, Governor's Office Regulations.
NOTE:At least once per year, the FUNDS RECIPIENT shall demonstrate to
NCTCOG and to TCEQ that its indirect costs are no more than fifteen percent
(159,66) of its total expenditures.
• Restrictions on FUNDS RECIPIENT Travel Cost, §391.0115 of the Local Government
Code, and 1 TAC §5.86, Governor's Office Regulations.
• Restrictions on Use of Alcoholic Beverages, §391.0115 of the Local Government
Code, and 1 TAC §5.86, Governor's Office Regulations.
• Restrictions on Lobbying and Nepotism, §391.0116 of the Local Government Code,
and 1 TAC §5.89, Governor's Office Regulations.
• Salary Administration Provisions and Schedules, and Position Classification
Schedules, §391.0117 of the Local Government Code, and 1 TAC §5.85, Governor's
Office Regulations.
• General Limitations on Expenditures, §6.01 of SB 1, General Appropriations Act, 79th
Legislative Session.
Article 03. Financial Obligation
The NCTCOG's obligation for expenses authorized under this Interlocal Agreement shall not
exceed the maximum amount stated on the first page (page i) of this Interlocal Agreement. The
budget expenses authorized under this Interlocal Agreement are in Attachment B.
The FUNDS RECIPIENT is responsible for ensuring that expenditure amounts remain within the
total budget limits. The FUNDS RECIPIENT must maintain records and documentation
materials consistent with the requirements of this Attachment D "Special Provisions," the
Uniform Grant and Contract Management Act, Texas Government Code, §§783.001 et. seq.,
and the Uniform Grant Management Standards, 1 Texas Administrative Code (TAC), §§5.141
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et. seq. (collectively, "UGMS"). The FUNDS RECIPIENT must 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 the first page of this Interlocal Agreement) by the FUNDS RECIPIENT in
rendering such performance, subject to the following limitations:
NCTCOG is not liable for expenditures made in violation of Attachment E, Article 24, which
outlines supplemental funding standards as defined by the TCEQ. NCTCOG is not liable for
any costs incurred by FUNDS RECIPIENT in the performance of this Interlocal Agreement that
have not been billed to NCTCOG within thirty (30) calendar days following termination of this
Interlocal Agreement.
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
Interlocal Agreement.
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 Interlocal Agreement, stated guidelines and applicable rules and regulations.
Failure on the part of the FUNDS RECIPIENT to comply with the conditions set forth in this
Interlocal Agreement shall be the basis for termination of the Interlocal 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
Interlocal Agreement due to incomplete, incorrect, or inconsistent reports or tasks required
under this Interlocal Agreement, until the FUNDS RECIPIENT satisfactorily completes, revises,
or corrects such services or reports.
Request for Reimbursement (Summary of Project Expenditures): 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 (10th) calendar day following the end
of each month for which expenditures are claimed. The FUNDS RECIPIENT must use the
required Summary of Project Expenditures (Form PT-F1 and Form PT-F2), with appropriate
itemized lists (Forms PT-F2-A through PT-F2-E) submitted with an original signature.
All requests for reimbursement shall provide sufficient documentation, including:
• copy of purchase order(s),
• copy of invoice(s),
• check number and/or electronic transfer number under which payment was made, and
• information concerning the costs incurred to enable the NCTCOG to ascertain the
eligibility of a particular expenditure to enable subsequent audits.
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Specific guidelines and requirements are given later in this Attachment D 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
Interlocal Agreement, an eligible reimbursement cost must have been incurred within the time
period indicated on the Request for Funds (Form PT-F1) and the Summary of Pass-Through
Grant Expenditures (Form PT-F2); shall have been already paid; or incurred by the last day of
the Interlocal Agreement period of performance.
Payments: Upon review and approval of each Request for Funds and Summary of Pass-
Through Grant Expenditures, 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 project funds as specified on page 1 of the Interlocal Agreement. The Final Request
for Reimbursement must be submitted at the end of the Interlocal Agreement period of
performance and must include a Release of Claims.
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 without requiring a formal amendment to this Interlocal
Agreement, if:
The FUNDS RECIPIENT adheres to all other requirements of this Interlocal Agreement,
concerning obtaining prior written authorization;
• The cumulative dollar amount of all excess expenditures among direct budget categories
is equal to or less than 5% of the total budget amount.
• Sufficient funds are available in other budget categories to cover the excess expenditures.
• The transfer will maintain or further the scope and objective of the project as funded by this
Agreement. NCTCOG will make the final determination if a transfer furthers the scope and
objective of a project.
• The FUNDS RECIPIENT notifies the NCTCOG as soon as practical of the deviation from
the budget categories.
• Budget category adjustments/changes for Personnel/Salaries, Equipment, Contractual,
Construction and Other expenditures must receive prior written authorization from the
NCTCOG. In order to receive approval for a budget category adjustment, FUNDS
RECIPIENT must complete and submit a REQUEST FOR BUDGET REVISION form.
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 of this Agreement.
The quarterly "Summary/Results Report of Implementation Project"form must be submitted
using the forms provided. The quarterly"Summary/Results Report of Implementation Project"
form will be due to the NCTCOG on the days indicated under the Schedule for Reimbursement
and Reporting in Attachment C.
The FUNDS RECIPIENT'S Summary/Results Report of Implementation Project report shall
contain adequate descriptions of all project activities performed in order to allow the NCTCOG
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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. 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. In this Final Report, the FUNDS RECIPIENT shall certify, in writing, the
satisfactory completion of all activities and deliverables required under this Interlocal
Agreement.
Reimbursement payments 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 Summary/Results Report of Implementation Project form and the
supplemental detailed forms for this project's funding category. The Final Report shall include
information on the progress during the last quarter of the project as well as cumulative
information from the beginning of the project through its completion.
The FUNDS RECIPIENT also agrees to provide NCTCOG one or more "Follow-up Results"
Report(s) documenting the continued impact of this funded project beyond the end date of this
agreement. The Follow-up Results Report(s)will be required on a schedule to be provided by
NCTCOG, approximately one year after the end of the project funding cycle. The Follow-up
Results Report form will be provided by NCTCOG to the FUNDS RECIPIENT later in the
funding cycle.
The FUNDS RECIPIENT agrees to provide, throughout the life of the project, additional reports
(as requested by the NCTCOG) to document the project's continued results at the culmination
of the project.
Timeliness in completing reporting requirements will be monitored by the NCTCOG and
reported to the 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 Summary/Results Report of Implementation Project form to NCTCOG's Project
Representative upon notice/reminder, this matter will be brought to the attention of NCTCOG's
RCC 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 RCC. Performance on reporting
requirement information will be considered as an evaluation criteria for future Requests for
Projects. As such, the FUNDS RECIPIENT is cautioned to meet all of the reporting
requirements as outlined in Attachment C of this Interlocal Agreement. Prior written notification
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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 project funding 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 Interlocal 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 employee positions covered in this Interlocal Agreement are listed in
Attachment B. The FUNDS RECIPIENT must notify and seek approval from NCTCOG for any
changes in personnel whose salaries are funded under this Interlocal 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 Interlocal 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 TCEQ, prior to the travel event. In order for travel expenses to be reimbursed
under the conditions of this Interlocal Agreement, the FUNDS RECIPIENT shall comply with the
State Travel Regulations as required by Section 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,
the FUNDS RECIPIENT must maintain destination and purpose of trip as part of the FUNDS
RECIPIENT'S records. Such mileage logs must be made available upon request by the
NCTCOG or the TCEQ.
Article 10. Consumable Supplies
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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 falling 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 (if 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 Interlocal Agreement, equipment is defined as those items with a unit
acquisition cost of$5,000 or greater. All equipment expenses are subject to prior approval by
NCTCOG before purchase.
Subject to the obligations and conditions set forth in this Interlocal Agreement, title to real
property and equipment (together hereafter referred to in this Article as "property") acquired
under this Interlocal Agreement by the FUNDS RECIPIENT will vest upon acquisition or
construction.
Subject to the provisions of this Interlocal Agreement and as otherwise provided by State
statutes, property acquired or replaced under this Interlocal Agreement shall be used for the
duration of its normally expected useful life to support the purposes of this Interlocal 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 party a security interest in any original or
replacement property purchased or constructed with funds made available to the FUNDS
RECIPIENT under this Interlocal Agreement.
The use of property acquired under this Interlocal Agreement, both during the term of this
Interlocal Agreement and for the useful life of the property or until compensation is provided to
the TCEQ for the applicable percentage share of the fair market value of the property, shall be
in compliance with §361.014(b) of the Texas Health & Safety Code Annotated, 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 to 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 properly, the Property Accounting System Manual issued by the State Comptroller
of Public Accounts will be used as a guide for establishing such a system. The property
management system used by the FUNDS RECIPIENT must meet the requirements set forth in
this Section.
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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 Interlocal 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 $5,000 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
Interlocal 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 Interlocal Agreement with a current per-unit fair market value of
$5,000 or more is no longer needed for the originally authorized purpose, the TCEQ 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 project funds under this Interlocal
Agreement by the FUNDS RECIPIENT and with a current per-unit fair market value of$5,000 or
more, the property is no longer needed for the originally authorized purpose,the FUNDS
RECIPIENT agrees to request disposition instructions from the TCEQ. When property acquired
by a FUNDS RECIPIENT with project funds provided by the TCEQ under this Interlocal
Agreement is no longer needed for the originally authorized purpose, the FUNDS RECIPIENT
agrees that this Interlocal Agreement will require the NCTCOG to request disposition
instructions from the FUNDS RECIPIENT or, if the NCTCOG is no longer administering a
Regional Solid Waste Implementation Project Program, the TCEQ.
The NCTCOG shall, in turn, request authorization from the TCEQ to provide 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
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comply with the private industry provisions of§361.014(b) of the Texas Health Safety Code
Annotated.
In cases where the FUNDS RECIPIENT fails to take appropriate disposition actions, the TCEQ
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 TCEQ or, in the
case of a FUNDS RECIPIENT. Retain title after compensating the TCEQ or, in the case of a
implementation project funding recipient, the NCTCOG. If the NCTCOG is compensated by a
FUNDS RECIPIENT for property acquired using funds provided under this Interlocal Agreement,
the NCTCOG will in turn compensate the TCEQ or, upon authorization by the TCEQ, use those
funds for other projects or activities that support this or similar future programs conducted by the
TCEQ. The amount due will be computed by applying the percentage of state-funded
participation in the cost of the original purchase to the fair market value of the property.
Sell the property and compensate the TCEQ or, in the case of project funding recipient, the
NCTCOG. If the NCTCOG is compensated by a FUNDS RECIPIENT for property acquired
using funds provided under this Interlocal Agreement, the NCTCOG will in turn compensate the
TCEQ or, upon authorization by the TCEQ, use those funds for other projects or activities that
support the goals of this or similar future programs conducted by the TCEQ. The amount due
will be calculated by applying the TCEQ 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 project 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 TCEQ or, in the case of an implementation project funds recipient, the
NCTCOG, or to a third-party designated/approved by the TCEQ. 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 $5,000 may be retained,
sold or otherwise disposed of by the FUNDS RECIPIENT with no further obligation to the
TCEQ. Methods used to determine per-unit fair market value must be documented, kept on file
and made available to the TCEQ upon request.
Article 12. Contractual Expenses
No contractual expenditures are eligible for reimbursement under this Interlocal 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 Interlocal 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 Interlocal Agreement, must be approved in writing by the
NCTCOG.
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Examples of contractual expenses include professional (subcontracted) services. 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
that require a TCEQ permit or registration.
All outlays that fall within the "Contractual" category of the budget shall be itemized by the
FUNDS RECIPIENT on Form PT/F2-13, 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.
Supporting documentation shall include a purchase order marked "received/paid" and an invoice
similarly marked, plus 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. Examples include: facility design, site preparation and facility
construction, including slabs, paving, awning, attendant shelters with sanitation facilities, fencing
and lighting, containment berms, and electronic data-recording equipment.
The FUNDS RECIPIENT shall obtain and pay for all construction permits and licenses. The
FUND RECIPIENT shall also 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 RECIPIENT'S 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.
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 supporting documentation shall include a copy of the
purchase order marked "received/paid", and an invoice similarly marked plus a copy of the
check. In the case of subcontractor services, the supporting documentation shall consist of a
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dated invoice showing the amount billed to the FUNDS RECIPIENT and any"past due" amount
from previous invoices marked "received/paid" indicating the check number. In addition, the
FUNDS RECIPIENT is subject to all the requirements related to Title to Equipment and
Construction Facilities, as indicated in Attachment D, Article 11.
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 interlocal Agreement, unless approved ahead of time, in writing, by
the NCTCOG.
The "Other'expenses as identified in Attachment B of the Project 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 Space
b. Telephone/FAX h. Basic Office Furnishings
c. Utilities i. Legal Costs
d. Printing/Reproduction '. 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 incurred (a copy of the check), and shall include purchase orders if
issued and 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 Interlocal 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.
The Indirect Cost Rate(s) included under Attachment B 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 Interlocal 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 RECIPIENT'S 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 Interlocal Agreement,
the FUNDS RECIPIENT and the NCTCOG may negotiate a new contract budget and
incorporate such into this Interlocal Agreement by way of a contract change. Nothing in this
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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 budget set forth in Attachment B.
Article 16. In-kind services/Cash Contributions
In reference to the performance of the FUNDS RECIPIENT 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 Interlocal Agreement, the NCTCOG may
terminate the Interlocal Agreement for non-compliance.
The FUNDS RECIPIENT shall track In-kind Services and Cash Contributions separately from
project funding 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 NCTCOG's Executive Director has delegated that
person to have 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 as the need arises. In addition, the Project
Representative of either party may further delegate his or her authority if necessary, including
any delegation of authority to a new Project Representative. The party making any change in
the 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:
Tara O'Keefe
Environmental Planner III
P. O. Box 5888; 616 Six Flags Drive, Suite 200
Arlington, Texas 76005-5888
TEL (817)695-9225 FAX (817) 695-9191
Email: tokeefe@nctcog.org
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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 the Project Representative:
Susie Sweeton
TEL 817/392-6649 FAX 817/392-6359
Suzan ne.sweeton@fortworthgov.org
The FUNDS RECIPIENT designates the following location for record access and review:
City of Fort Worth
Environmental Management Department
1000 Throckmorton Street
Fort Worth, TX 76102-6311
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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 for an implementation project:
• Cities;
• Counties;
• Public schools through their school districts and school districts (does not include
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; and,
• 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 TCEQ, are not
eligible to receive implementation project funding from the NCTCOG. The TCEQ 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 implementation project 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 implementation
project funding under this Interlocal 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 Interlocal Agreement.
The FUNDS RECIPIENT shall perform such services as may be necessary to accomplish the
work required under this Interlocal 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 Interlocal 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 Interlocal Agreement or of any
cause of action arising out of the performance of this Interlocal 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
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RECIPIENT'S negligent performance of any of the services furnished under this Interlocal
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 Interlocal Agreement or
applicable law.
Article 03. Oversight of Solid Waste Implementation Project Program
NCTCOG staff, through its designated Project Representative, is responsible for managing the
solid waste implementation project program, for negotiating the work scope of services, the
budget, and the term of the Interlocal Agreement. NCTCOG staff will review and authorize
Requests for Reimbursement; review progress reports and will undertake site visits.
In addition, NCTCOG's Resource Conservation Council (RCC), the regional solid waste
advisory committee under the Executive Board, will oversee the comprehensive implementation
project program 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, funding
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. Examples
of categories eligible for funding include equipment such as vehicles, communications
equipment, and surveillance equipment as well as program administration expenses, such as
salaries/fringe benefits, office supplies and equipment, travel, training, and vehicle maintenance.
Also eligible for funding is protective gear and supplies and educational materials. Funding
limitations specific to this category are set forth in this Section.
Funds may not be provided to any law enforcement agency regulated by Chapter 415, Texas
Government Code, unless: (a)the law enforcement agency is in compliance with all rules
developed by the Commission on Law Enforcement Standards and Education pursuant to
Chapter 415, Texas Government Code; or (b)the Commission on Law Enforcement Officer
Standards and Education certifies that the requesting agency is in the process of achieving
Compliance with such rules.
When funding is to be provided for salaries of local enforcement officers, the funds recipient
must certify that at least one of the officers has attended or will attend within the term of the
funding the TCEQ's Criminal Environmental Law Enforcement Training or equivalent training.
Local enforcement vehicles and related enforcement equipment purchased entirely with funds
provided under this Agreement may only be used for activities to enforce laws and regulations
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pertaining to littering and illegal dumping, and may not be used for other code enforcement or
law enforcement activities. Vehicles and equipment that are only partially funded must be
dedicated for use in local enforcement activities for a percentage of time equal to the proportion
of the purchase expense funded.
Entities receiving funds for a local enforcement officer, enforcement vehicles, and/or related
equipment for use by an enforcement officer, must investigate major illegal dumping problems,
on both public and private property, in addition to investigating general litter problems on public
property.
Entities receiving funds to conduct a local.enforcement program must cooperate with the
TCEQ's regional investigative staff in identifying and investigating illegal dumping problems.
Lack of cooperation with the TCEQ staff may constitute a reason to withhold future funding to
that entity for local enforcement activities.
Funds may not be used for investigation and enforcement activities related to the illegal
dumping of industrial and/or hazardous waste. Instances where industrial or hazardous waste
is discovered at a site do not preclude the investigation of that site, so long as the intent and
focus of the investigation and enforcement activities are on the illegal dumping of municipal
solid waste.
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. Funded activities may include: facility design and
construction; equipment, such as chippers, balers, crushers, recycling and composting
containers, trailers, forklifts, and trucks; program administration expenses, such as
salaries/fringe benefits, office supplies and equipment, travel, and training; and, educational
materials; printing and advertisement expenses. 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.
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.
Projects funded under this Interlocal 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 TCEQ a local solid waste management plan, in accordance with Subchapter D,
§363 of the Texas Health &Safety Code, as implemented by TCEQ rule, 30 TAC Chapter 330,
Subchapter O, or to amend an existing local solid waste management plan that has been
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adopted by the TCEQ. 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.
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 and equip citizens' collection stations, as these facilities are defined under
30 TAC §330.2, TCEQ Regulations. Municipal Solid Waste Transfer Stations that qualify for
registration under§330.4(d)(1) - (3) or§330.4(r) of the TCEQ Regulations may also be funded.
The costs associated with operating a citizens' collection station once it is completed may not
be funded. The design and construction of small municipal solid waste and liquid waste transfer
stations that qualify for registration under§330.4(d) or §330.4(r), TCEQ Regulations, may be
funded. Other permitted or registered transfer stations may not be funded.
A municipal solid waste transfer facility may be eligible for a registration if it serves a
municipality with a population of less than 50,000, or a county with a population of less than
85,000, or is used in the transfer of 125 tons or less of municipal solid waste per day. A liquid
waste transfer station may qualify for a registration if it will receive less than 32,000 gallons or
less per day. The costs associated with operating a transfer station once it is completed may
not be funded.
Funds may be used for projects funded for these types of facilities 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. Funds may also be used for
periodic community collection events, held not more frequently than four times per year, to
provide for collection of residential waste materials for which there is not a readily-available
collection alternative, such as large and bulky items that are not picked up under the regular
collection system.
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.
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.
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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
TCEQ 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, recycling
and/or reuse of materials; proper disposal of materials; permanent collection facilities, and
education and public awareness programs. Funds may also be used to support Texas Country
Cleanup events, conducted in conjunction with the TCEQ. Funding limitations specific to this
category are set forth in this Section.
Projects under this category must be coordinated with the TCEQ HHW program staff, and all
applicable laws, regulations, guidelines, and reporting requirements must be followed.
Funds provided under this Interlocal 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 Interlocal 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.
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 TCEQ.
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.
Litter/Illegal Dumping Cleanups and Community Cleanup Events. This category includes
ongoing and periodic activities to clean up litter and illegal dumping of municipal solid waste, to
include lake and river cleanup events conducted in conjunction with the TCEQ's and Keep
Texas Beautiful's Lake and River Cleanup Program. Projects included under this category may
include general community cleanup events designed to involve the residents and community in
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periodic cleanup of litter and trash within the community as well as waste removal; disposal or
recycling of the removed materials; fencing and barriers; and signage. Placement of trash
collection receptacles in public areas with chronic littering problems is also included. Reuse or
recycling options should be considered for managing the materials collected, to the extent
feasible. Funding limitations specific to this category are set forth in this Section.
Lake and River Cleanup events must be coordinated with the TCEQ's cleanup program staff
and/or the Keep Texas Beautiful organization, which is contracted by the TCEQ to administer
the Lake and River Cleanup program.
Projects funded to clean up litter or illegal dumping on private property must be conducted
through a local government sponsor. Funds may not be provided directly to a private landowner
or other private responsible party for cleanup expenses. The local government sponsor must
either contract for and oversee the cleanup work, or conduct the work with its own employees
and equipment.
The costs for cleanup of hazardous waste that may be found at a municipal solid waste site
must be funded from other sources, unless a waiver from this restriction is granted by the TCEQ
to deal with immediate threats to human health or the environment.
The costs for cleanup of Class 1 non-hazardous industrial waste that may be found at a
municipal solid waste site must be funded from other sources, unless a waiver from this
restriction is granted by the TCEQ to deal with immediate threats to human health or the
environment. The cleanup of Class 2 and 3 non-hazardous industrial waste that may be found
at a municipal solid waste site may be funded in conjunction with the cleanup of the municipal
solid waste found at a site.
All notification, assessment, and cleanup requirements pertaining to the release of wastes or
other chemicals of concern, as required under federal, state, and local laws and regulations,
including 30 TAC Chapter 330, TCEQ's MSW Regulations, and 30 TAC Chapter 350, TCEQ's
Risk Reduction Regulations, must be complied with as part of any activities funded under this
Interfocal Agreement.
All materials cleaned up using grant funds must be properly disposed of or otherwise properly
managed in accordance with all applicable laws and regulations. To the extent feasible, it is
recommended that materials removed from a site be reused or recycled. For projects to clean
up large amounts of materials, the NCTCOG may consider withholding at least ten (10) percent
of the reimbursements under this Interlocal Agreement, until documentation is provided that the
cleanup work has been completed and the materials properly managed.
Periodic community collection events, to provide for collection and proper disposal of non-
recyclable residential waste materials for which there is not a readily available collection
alternative, are eligible. This type of project may not include regular solid waste collection
activities, such as weekly waste collection. Funded collection events may be held no more
frequently than four times per year, and must only be intended to provide residents an
opportunity to dispose of hard-to-collect materials, such as large and bulky items that are not
picked up under the regular collection system, and might otherwise be illegally dumped by
residents. Funding limitations specific to this category are set forth in this Section.
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Educational and Training Protects. Educational components are encouraged under the other
categories in order to better ensure public participation in projects; those educational
components should be funded as part of those projects and not separately under this category.
This category may be used for"stand-alone" educational projects dealing with a variety of solid
waste management topics. This category may include funding for information-exchange
activities, subject to the other limitations on travel expenses. 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:
• The degree of compliance with the terms of this Interlocal Agreement, including
compliance with applicable rules, regulations, and promulgations referenced herein
• 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 Interlocal Agreement, be
responsible for giving notices, obtaining any necessary licenses and permits, complying with all
provisions of this Interlocal 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 Interlocal Agreement. The main governing standards
include, but may not be limited to, the following:
• §361.014. TEX. HEALTH and SAFETY CODE ANN. (as amended by H.B. 3072, 7411'
Texas Legislature);
• §330.569 of the TCEQ Municipal Solid Waste Regulations (30 TAC Chapter 330); and
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.
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Article 07. Uniform Grant and Contract Management Act
The provisions of the Uniform Grant and Contract Management Act ("UGCMA") apply to this
Interlocal Agreement to the extent required by law.
Article 08. Accounting Systems
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
Interlocal 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 Interlocal 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 Interlocal 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):
• 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;
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• invoices for purchases, receiving and issuing documents, and all other unit inventory
records for FUNDS RECIPIENT'S stocks or capital items; and
• 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 Interlocal 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 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 if 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 Interlocal 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
subcontractors.
All terms used in connection with audits in this Interlocal 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 sub-recipients, receiving the funds from a pass-through entity(a recipient
or another sub-recipient). 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
Interlocal Agreement.
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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 sub-agreements
and/or subcontracts awarded under the provisions of this Interlocal 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:
• The employee, officer or agent.
• Any member of his immediate family.
• His or her partner.
• 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 TCEQ
have sole discretion to determine whether a conflict of interest exists and that the NCTCOG
may terminate this Interlocal 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 Interlocal 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 Interlocal Agreement.
Article 16. Contractual Costs
The FUNDS RECIPIENT'S contractual costs must comply with allowable cost 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
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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
sub-agreements/subcontracts awarded by the FUNDS RECIPIENT under this Interlocal
Agreement shall be in accordance with the Uniform Grant Management Standards adopted by
the Governor'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.
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 Interlocal Agreement.
Article 18. Severability
All parties agree that should any provision of this Interlocal Agreement be determined to be
invalid or unenforceable, such determination shall not affect any other term of this Interlocal
Agreement, which shall continue in full force and effect.
Article 19. Intellectual Property
For the purpose of this Article, "intellectual property" refers to:
• Any discovery or invention for which patent rights may be acquired;
• Any photographs, graphic designs, plans, drawings, specifications, computer
programs, technical reports, operating manuals, or other copyrightable materials; and;
• Any other materials for 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.
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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 Interlocal Agreement.
In performing work under this Interlocal 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 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 alternatives to mouse
commands and other means of navigating displays, and customizable display appearances.
Article 20. Correspondence
All project related notices, reports and other contractual communications under this Interlocal
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 Interlocal 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, Vernon's TEX. GOV'T
CODE § 552. Upon termination of this Agreement, all data and information shall become the
joint property of the NCTCOG and the FUNDS RECIPIENT.
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Article 22. Assignability
This Interlocal 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. Sub-agreements and Subcontracts
All contractual expenditures using funds provided under this Interlocal 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.
Any subcontractor acquired by the FUNDS RECIPIENT in connection with the services covered
by this Interlocal 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 Interlocal 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 and all other provisions required by this Interlocal
Agreement. The NCTCOG reserves the right to perform an independent audit of all
subcontractors.
Funds provided by the NCTCOG pursuant to this Interlocal Agreement that are paid to the
subcontractor shall be used by the subcontractor solely to satisfy the purposes of this Interlocal
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 Interlocal 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 Interlocal Agreement, the use of
funds provided under this Interlocal 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 Interlocal Agreement may not be
used to acquire land or an interest in land.
Municipal Solid Waste-Related Programs Only. Funds provided under this Interlocal
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.
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Programs Solely Related to Collection of Certain Wastes Funds provided under this
Interlocal 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, the 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
Interlocal 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 that 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.
Projects Requiring a TCEQ Permit. Funds may not be used for expenses related to
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,
and other facilities. This provision, however, may be waived by the TCEQ, 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 bio-solids for beneficial use. The applicant and/or
the FUNDS RECIPIENT should request a preliminary determination from the TCEQ as
to the eligibility of the project prior to consideration for funding.
Projects Requiring TCEQ Registration. Projects or facilities that require registration from
the TCEQ, 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
Interlocal 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 Interlocal 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
project application, and were funded from a source other than a previous solid waste
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project, are not eligible for project funding. This provision does not apply to the salaries
for staff of the FUNDS RECIPIENT in its conduct of activities under this Interlocal
Agreement.
Food/Entertainment Expenses. Funds provided under this Interlocal 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 Interlocal 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 Interlocal Agreement
may not be provided to any law enforcement agency regulated by Chapter 415 of the
Texas Government 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 Government 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. Identification of the Funding Source
The FUNDS RECIPIENT must acknowledge the financial support of the NCTCOG and the State
of Texas whenever work funded, in whole or part, by this Interlocal Agreement, is publicized or
reported by news media or publications. All reports and other documents completed as a part
of this Interlocal 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
funding from the Texas Commission on Environmental Quality."
Article 26. Theme Phrase For Public Education Materials
The FUNDS RECIPIENT is encouraged to use the phrase, "Take It Personally!" on all written
documents, publicity, and advertisement materials produced for public education purposes.
This consistent image that 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 will furnish the FUNDS
RECIPIENT with camera-ready artwork of this phrase for imprinting purposes upon request.
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 Interlocal Agreement, it will not
discriminate against any employee or applicant because of race, religion, color, sex, age, or
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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 Interlocal Agreement.
Article 29. Statutes Relating to Nondiscrimination
The FUNDS RECIPIENT shall comply with all applicable state and federal statutes relating to
nondiscrimination that 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 shall have
the maximum practicable opportunity to participate in the performance of this Interlocal
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 Interlocal Agreement.
Article 32. Energy Efficiency Standards
The FUNDS RECIPIENT is encouraged to follow standards and policies on energy efficiency
contained in the State Energy Conservation Plan issued in compliance with the Energy Policy
and Conservation Act (P. L. 94-163).
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 Interlocal 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:
• the delay or failure was beyond the control of the party affected and not due to its fault
or negligence; and
• 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
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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 Interlocal 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
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
RECIPIENT'S 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.
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Upon termination of this Interlocal 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 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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Definitions
Wherever used in this Interlocal 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, 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.
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 Governor's Office of Budget and Planning pursuant to the Uniform Grant
Conditions and Management Act, Texas Government Code Chapter 783.
Contract Documents: The Interlocal Agreement and the documents that are described in and
incorporated into the Interlocal 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 Interlocal
Agreement (subject to the provisions included in the Interlocal Agreement).
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Contract Times: The number of days or dates stated in the Interlocal Agreement to complete
the work so that it is ready for final payment.
Cost sharing or matching: The value of the third party in-kind contributions and the portion of
the costs of a State assisted project or program not borne 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.
Equipment: Tangible, non-expendable, personal property having a useful life of more than one
year and an acquisition cost of$5,000 or more per unit. A FUNDS RECIPIENT may use its own
definition of equipment provided that such definition would include all equipment defined above.
Expiration Date of the Interlocal Agreement: The date indicated in the Interlocal Agreement
as the date that the Interlocal Agreement terminates (end date of the Interlocal Agreement).
Financial Completion: In the opinion of the Funding Agency (NCTCOG and TCEQ), the work
as outlined in the Interlocal Agreement is complete.
Funding Agency: The Texas Commission on Environmental Quality through the North Central
Texas Council of Governments.
Government: A Federal or State agency or a local government.
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.
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.
Interlocal 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
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be performed; also describes and includes any additional agreement documents which may be
attached to the Interlocal Agreement and made a part thereof as provided therein.
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 Interlocal 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, 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.
Project: The total body of services rendered of which the work to be provided under the
Interlocal Agreement may be the whole, or a part as indicated elsewhere in the Interlocal
Agreement.
Project Representative: The individual who is authorized to execute the work program
identified in the Interlocal Agreement. This individual must be an employee of the grant
recipient and may or may not have contractual authority.
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Real Property: Land, including land improvements, structures and appurtenances thereto,
excluding moveable machinery and equipment.
Share: When referring to the TCEQ's portion of real property, equipment or supplies, means the
same percentage as the TCEQ's portion of the acquiring party's 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 Interlocal Agreement.
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 project 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 Interlocal
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 project
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.
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 Interlocal Agreement. Work includes and is the result of
performing or furnishing labor, services, materials or equipment as required by the Interlocal
Agreement.
44
Main Contract#582-6-78041;Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle N Campaign
Appendix
I. SUMMARY/RESULTS REPORT OF IMPLEMENTATION PROJECT
• STATUS OF COMPLETION OF WORK TASKS
• PROJECT RESULTS REPORT
FORM 10a: LOCAL ENFORCEMENT
FORM 10b: LITTER/ILLEGAL DUMPING CLEANUP AND COMMUNITY
COLLECTION EVENTS
FORM 10c: SOURCE REDUCTION/RECYCLING
FORM 10d: LOCAL SOLID WASTE MANAGEMENT PLANS
FORM 10e: CITIZENS COLLECTION STATIONS, SMALL REGISTERED
TRANSFER STATIONS
FORM 1Of: HOUSEHOLD HAZARDOUS WASTE
FORM 10g: TECHNICAL STUDIES
FORM 10h: EDUCATIONAL AND TRAINING PROJECTS
II. REIMBURSEMENT FORMS (FORMS PT-F 1 &2 plus Itemization Forms)
• Request for Reimbursement Form and Supplemental Reimbursement Forms
PT-F1 Project Summary Report
PT-F2 Summary of Pass-Through Project Expenditures
F2-A Itemization Personnel/Salaries and Travel budget categories
F2-B Itemization of Equipment and Contractual Costs
F2-C Itemization of Construction Budget category
F2-D Itemization of Supplies and the Other Expenditures
F2-E Itemization of In-Kind and/or Cash Contributions
III. REQUEST FOR BUDGET REVISION FORM
IV. EXAMPLE of RELEASE OF CLAIMS
These forms are located at the following website:
hftp://www.dfwinfo.com/envir/sw/fundingJrecipients.html
45
FY 2006/2007 REGIONAL SOLID WASTE GRANT
PASS-THROUGH GRANT RECIPIENT
REQUEST FOR FUNDS - FORM PT-F1
1. From:
2. Date:
(Grant project funds recipient)
3. Project Number:
(Business address)
(City)
(Contact person name and phone number)
4. These funds are requested to cover expenditures for the following period:
through
(Date) (Date)
5. Grant project funds received/requested to date: $
6. Total grant project expenditures to date: $ x as of:
(Date)
7. How much of item 6 (above) is to be covered by grant project funds? $
8. Net(subtract item 5 from item 7 (above): $
9. Amount requested: $
10. Submitted by:
(Signature)
Date:
(Printed name of Certifying Officer)
TO BE COMPLETED BY NCTCOG
P
y
ra $; t:, t'x - f r �1 7' J-.rt•'L' .°��ka ,_ir''j:
I tf �t
or
FY 2006/2007 REGIONAL SOLID WASTE GRANTS PROGRAM
SUMMARY OF PASS-THROUGH GRANT EXPENDITURES - FORM PT-F2
1. COUNCIL OF GOVERNMENTS TO WHICH REPORT IS SUBMITTED:
North Central Texas Council of Governments
2. VENDOR TAX IDENTIFICATION NUMBER: 3. RECIPIENT ORGANIZATION (NAME AND
COMPLETE ADDRESS, INCLUDING ZIP CODE):
4. CONTRACT/PROJECT NUMBER:
5. FINAL REPORT:
11YESF] NO
6. ACCOUNTING BASIS:
Flash ❑ Accrual
7. TOTAL GRANT PERIOD: 8. PERIOD COVERED BY THIS REPORT:
FROM: TO: FROM: TO:
9. BUDGET CATEGORIES Project Cost Cumulative Total
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 Charges
k. Total Sum of i &
List(Itemize)on the appropriate supplemental form the 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_ __
Printed Name and Title
Telephone (area code/number) Date Submitted:
FY 2006/2007 REGIONAL SOLID WASTE GRANTS PROGRAM
ITEMIZATION OF PERSONNEL/SALARIES AND TRAVEL COSTS
SUPPLEMENTAL FORM F2-A
PERSONNEL/SALARIES EXPENDITURES (during this report period)
EMPLOYEE SALARY for
NAME TITLE/POSITION PERIOD
TOTAL PERSONNEL/SALARY EXPENDITURES Must agree with line 9a on Form PT-F2
TRAVEL EXPENDITURES (during this report period)
COST THIS
DESCRIPTION REASON PERIOD
[TOTAL TRAVEL EXPENDITURES Must agree with line 9c on Form PT-F2
Supplemental documentation (such as timesheets, travel receipts, etc.) is not required to be attached to this
form, however, it must be retained by the grant project recipient.
ATTACH ADDITIONAL SHEETS, IF NEEDED
FY 2006/2007 REGIONAL SOLID WASTE GRANTS PROGRAM
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
SUPPLEMENTAL FORM F2-13
EQUIPMENT PURCHASES (during this reportperiod)
NUMBER UNIT
PURCHASED ITEM DESCRIPTION COST TOTAL COST
OTAL EQUIPMENT EXPENDITURES Must agree with line 9e on Form PT-172
CONTRACTUAL EXPENDITURES (during this report period
ISUBCONTRACTOR(NAME) lFOR TOTAL COST
TOTAL CONTRACTUAL EXPENDITURES Must agree with line 9f on Form PT-172
Legible receipts must be attached to this form for each listed item or expenditure.
ATTACH ADDITIONAL SHEETS, IF NEEDED
FY 2006/2007 REGIONAL SOLID WASTE GRANTS PROGRAM
ITEMIZATION OF CONSTRUCTION COSTS
SUPPLEMENTAL FORM F2-C
CONSTRUCTION COSTS (during this report period)
DESCRIPTION PURPOSE TOTAL 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 2006/2007 REGIONAL SOLID WASTE GRANTS PROGRAM
ITEMIZATION OF SUPPLIES AND OTHER COSTS
SUPPLEMENTAL FORM F2-D
SUPPLIES EXPENDITURES (during this report period)
NUMBER UNIT TOTAL
PURCHASED ITEM DESCRIPTION COST COST
TOTAL SUPPLIES EXPENDITURES Must agree with line 9d on Form PT-F2
OTHER EXPENDITURES (during this report period
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 2006/2007 REGIONAL SOLID WASTE GRANTS PROGRAM
ITEMIZATION OF IN-KIND AND CASH CONTRIBUTIONS
SUPPLEMENTAL FOR F2-E
IN-KIND (during this report period)
ITEM PURCHASED OR COST
SERVICE PERFORMED PURPOSE THIS PERIOD
TOTAL IN-KIND EXPENDITURES
CASH CONTRIBUTIONS (during this report period)
DESCRIPTION CASH AMOUNT
TOTAL CASH CONTRIBUTIONS
C��tir J G CJ
'[`
✓1.��U'� � GLe
Main Contract#582-6-78041;Subcontract#06-04-G05 Fort Worth Recycle and Buy Recycle N Campaign
RELEASE OF All CLAIMS
Example
Whereas, the North Central Texas Council of Governments (NCTCOG) and the City of Fort
Worth entered into an Interlocal Agreement for Solid Waste Implementation Project
#06-04-G05, a "Education & Training Project- Recycle and Buy Recycle TV Campaign", dated
March 15, 2006 through June 15, 2007; and
Whereas, Attachment E, Article 09, Release of Claims, requires that"upon satisfactory
completion of the work performed hereunder and prior to final payment under this Interlocal
Agreement for such work, or prior to settlement upon termination of this Interlocal 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 Interlocal Agreement," and
Now, therefore, in consideration of the premises, and of the final payment from the City of Fort
Worth hereby remises, releases, and forever discharges the NCTCOG of and from all manner of
debts, dues, sum or sums of money, accounts, claims, and demands whatsoever, in law and in
equity, under or by virtue of the said contract.
In witness whereof, the hand and seal of the contractor have been hereunto set this
the day of
By:
This instrument was acknowledged before me on
(date)
Notary Public, State of Texas
My commission expires:
(date)
46
FY 2006/2007 REGIONAL SOLID WASTE GRANTS PROGRAM
SUMMARY/RESULTS REPORT OF IMPLEMENTATION PROJECT
1. Grant Recipient: 2. Contract#:
3. Report#: 4. Final FY 06/07 Report:
❑ Yes ❑ No
5. Reporting Period: 6. Grant Term:
From: to: From: to:
7. Percent Completed to Date: B. Estimated Completion Date:
% June 15, 2007
Required Attachments
9. STATUS OF COMPLETION OF WORK TASKS
10. PROJECT RESULTS REPORT
(please complete the applicable form for the project being conducted with grant funds, ® if attached)
❑ Form 10a: Local Enforcement
❑ Form 10b: Litter/Illegal Dumping Cleanup & Community Cleanup Event
❑ Form 10c: Source Reduction/Recycling
❑ Form 10d: Local Solid Waste Management Plans
❑ Form 10e: Citizens' Collection Stations & Small Registered Transfer Stations
❑ Form 1 Of: Household Hazardous Waste (attach a copy of the completed Data
Information Form required to be submitted to TCEQ for each HHW collection activity)
❑ Form 10g: Technical Studies
❑ Form 1 Oh: Education and Training Projects (stand alone projects)
❑ Form 10i: Other
11. CERTIFICATION:
I certify to the best of my knowledge and belief that this report is correct and complete.
Signature of Authorized Certifying Official
Printed Name and Title
Date Submitted
1
STATUS OF COMPLETION OF WORK TASKS*
For each major work task or deliverable set forth in your Interlocal Agreement, provide the
following information (attach additional pages as needed):
- Estimate the percent (%) complete of the task/deliverable
- Briefly explain the activities conducted to date towards completing the task or deliverable. Be
sure to provide information on the status of equipment purchases and/or facility
construction, if applicable.
- List major activities remaining to be conducted towards completing the task or deliverable.
- Provide an estimated date for the completion of the task or deliverable.
- Explain any problems or delays in completing the task or providing the deliverable.
Provide copies of all materials and documents produced with grant funds to date (e.g., reports,plans,
brochures, educational materials, videos, etc.).
1. Task/Deliverable:
A. Percent (%) task has been completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
2. Task/Deliverable:
A. Percent (%) task has been completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
3. Task/Deliverable:
A. Percent (%) Completed:
B. Activities conducted to date:
2
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
4. Task/Deliverable:
A. Percent (%) task has been completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
5. Task/Deliverable:
A. Percent (%) task has been completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
6. Task/Deliverable
A. Percent (%) task has been completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
3
FY 200612007 REGIONAL SOLID WASTE PROGRAM
Results Report Form 10a: Local Enforcement
Reporting Parameter Cumulative FY
2006/2007 Results
Total amount of grant project funding $
Total number of illegal dumping sites investigated
Number of Class C misdemeanor sites investigated (5 lbs or less)
Number of Class B misdemeanor sites investigated (5-500 lbs.)
Number of Class A misdemeanor sites investigated (500- 1000 lbs.)
Number of Felony sites investigated (1000 lbs. or more)
Total number of chronic dump sites routinely investigated
Total number of violators identified
Total number of fines issued
Total amount of fines collected $
Total number of illegal dumping sites cleaned up through enforcement actions
Total amount of waste (lbs.) removed from illegal dumping sites through
enforcement actions
If surveillance camera(s)purchased:
Number of days camera(s)were used
Education & Training Component
Reporting Parameter Results
Amount of grant funding applied toward education/training activities $
Total of all education/training events
Total number of persons involved in education/training events
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:
4
FY 2006/2007 REGIONAL SOLID WASTE PROGRAM
Results Report Form 10b: Litter/illegal Dumping Cleanup
and Community Collection Events
Reporting Parameter Cumulative FY
2006/2007 Results
Total grant funding amount $
Total number of participants/volunteers:
For community collection events:
Total number of individual collection events held
Total amount of waste collected for disposal (in tons)
Total amount of materials diverted for recycling/reuse(in tons)
Total revenue from sale of diverted materials $
For river/lake and community litter cleanups:
Total number of individual cleanup events held
If applicable,total waterfront cleaned up (in miles)
If applicable, total estimated 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 periodic or ongoing cleanup of illegal dump sites:
Total number of litter and illegal dump sites cleaned up
Total estimated land area cleaned up (in acres)
Total amount materials collected for disposal (in pounds)
Total amount of material collected for recycling/reuse(in pounds)
Education & Training Component
Reporting Parameter Results
Amount of grant funding applied toward education/training activities $
Total of all education/training events
Total number of persons involved in education/training events
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:
IT
FY 200612007 REGIONAL SOLID WASTE PROGRAM
Results Report Form 10c: Source Reduction & Recycling
Reporting Parameter Cumulative FY
2006/2007 Results
Total grant funding amount $
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
(dumber of months materials collected (to be used in obtaining averages)
Average monthly diversion amount (in tons)
Total number of persons served
Total revenue from sale of diverted materials $
Average monthly revenue $
Total disposal costs avoided (i.e., what it would have cost to landfill the total $
amount of materials diverted)
Average monthly disposal costs avoided $
Education & Training Component
Reporting Parameter Results
Amount of grant funding applied toward education/training activities $
Total of all education/training events
Total number of persons involved in education/training events
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:
6
FY 2006/2007 REGIONAL SOLID WASTE PROGRAM
Results Report Form 10d: Local Solid Waste Management Plans
Reporting Parameter Cumulative FY
2006/2007 Results
Total grant funding amount $
Total population affected or covered by plan
Total number of municipalities affected or covered by plan
Total number of counties affected or covered by plan
Total number of persons served
Total number of entities having implemented actions related to plan goals,
objectives, or recommendations
Education & Training Component
Reporting Parameter Results
Amount of grant funding applied toward education/training activities $
Total of all education/training events
Total number of persons involved in education/training events
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:
G�,
FY 2006/2007 REGIONAL SOLID WASTE PROGRAM
Results Report Form 10e: Citizens' Collection Stations and
"Small" Registered Transfer Stations
Reporting Parameter Cumulative FY
2006/2007 Results
Total grant funding amount $
Total number of persons served
Total amount of waste collected for disposal (in tons)
Total amount of materials diverted for beneficial use (in tons)
Total revenue from sale of diverted materials
Number of months collection or transfer station in operation (to be used in
obtaining averages)
Average monthly disposal amount (in tons)
Average monthly amount diverted for beneficial use (in tons)
Total fees collected for station use $
Average monthly fees collected $
Average monthly revenues from sale of materials diverted for beneficial use $
Education & Training Component
Reporting Parameter Results
Amount of grant funding applied toward education/training activities $
Total of all education/training events
Total number of persons involved in education/training events
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:
8
FY 2006/2007 REGIONAL SOLID WASTE PROGRAM
Results Report Form 1Of: Household Hazardous Waste Management
Reporting Parameter Cumulative FY
2006/2007 Results
Grant funding amount $
Total number of collection events, including Texas Country Cleanups & E-waste
Total number of permanent collection facilities/mobile collection units
Total number of participants/customers
FOR HHW&Texas Country Cleanup Events
Total amount of HHW (excluding hazardous paint)collected inpounds)
Total amount of hazardous paint collected (in pounds)
Total cost of hazardous materials contractor services $
Total cost of electronics materials contractor services $
Total amount of nonhazardous 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
Total number of empty pesticide containers collected for recycling/reuse
For E-Waste Events
Amount (in tons) of low grade electronics diverted
Amount (in tons)of televisions diverted
Amount (in tons) of CPUs diverted
Amount (in tons) of monitors diverted
Amount (in tons) of Other diverted (list other)
Education &Training Component
Reporting Parameter Results
Amount of grant funding applied toward education/training activities $
Total of all education/training events
Total number of persons involved in education/training events
Total of all items distributed related to ed./training events (e.g.,brochures,niers,
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:
9
FY 2006/2007 REGIONAL SOLID WASTE GRANT
Results Report Form 10g: Technical Studies
Reporting Parameter Cumulative FY
2006/2007 Results
Grant funding amount $
Total population affected or covered by study
Total number of municipalities affected or covered by study
Total number of counties affected or covered by study
Total number of entities having implemented actions related to study findings
or recommendations
Education & Training Component
Reporting Parameter Results
Amount of grant funding applied toward education/training activities $
Total of all education/training events
Total number of persons involved in education/training events
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:
10
FY 2006/2007 REGIONAL SOLID WASTE GRANT
Results Report Form 10h: Education and Training (stand alone project)
Reporting Parameter Cumulative FY
2006/2007 Results
Total grant funding amount for stand-alone education/training grant $
Total of all education/training events
Total number of persons involved in education/training events
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:
11
North Central Texas Council of Governments
FY2006/07 SOLID WASTE MANAGEMENT GRANTS PROGRAM
REQUEST FOR BUDGET REVISION
GRANT RECIPIENT: PROJECT NUMBER:
GRANT PERIOD: DATE OF REQUEST:
PLEASE INCLUDE A MEMO DETAILING THE PURPOSE AND NEED FOR THIS BUDGET REVISION
MEMO SHOULD BE ATTACHMENT TO THIS COVER SHEET. YOU MUST ITEMIZE COMPONENT EXPENSES OF
THE PROPOSED BUDGET REVISION IN THIS MEMO.
BUDGET APPROVED EXPENDITURES BUDGET PROPOSED
CATEGORIES BUDGET TO DATE CHANGE (+ OR-) BUDGETREVISION
a. Personnel
b. Fringe Benefits
c. Travel
d. Supplies
e. Equipment
f. Contractual
g. Construction
h. Other
i. Total Direct (Sum a-h)
J. Indirect Charges
k. Total (Sum i &j)
CERTIFICATION: I certify to the best of my knowledge that this request is correct and complete and that all
outlays and unliquidated obligations will be used for the purposes set forth in the award
documents.
Signature of Authorized Project Representative
Typed or Printed Name and Title
Date Submitted
Example
RELEASE OF All CLAIMS
Whereas, the North Central Texas Council of Governments (NCTCOG) and the (Local
Government Name) entered into an Interlocal Agreement for Solid Waste Implementation
Project#06-04-G_, a SEE Less Trash Regional Solid Waste Management Plan (Time to
Recycle) or (Stop Illegal Dumping) or (Assuring Capacity for Trash) project, dated
through ; and
Whereas, Attachment E, Article 09, "Release of Claims, requires that "upon satisfactory
completion of the work performed hereunder and prior to final payment under this Interlocal
Agreement for such work, or prior to settlement upon termination of this Interlocal Agreement,
and as a condition to final payment/settlement, the (Local Government Name) shall execute
and deliver to the NCTCOG a release of all claims against the NCTCOG arising under or by
virtue of this Interlocal Agreement," and
Now, therefore, in consideration of the premises, and of the final payment from the (Local
Government Name) hereby remises, releases, and forever discharges the NCTCOG of and
from all manner of debts, dues, sum or sums of money, accounts, claims, and demands
whatsoever, in law and in equity, under or by virtue of the said contract.
In witness whereof, the hand and seal of the contractor have been hereunto set this
the day of
By:
This instrument was acknowledged before me on
(date)
Notary Public, State of Texas
My commission expires:
(date)
1 �7
Pagel of 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/10/2006 - Ordinance No. 16749-1-2006
DATE: Tuesday, January 10, 2006
LOG NAME: 52FY06COG GRANT REFERENCE NO.: **G-15058
SUBJECT:
Authorize Grant Applications to North Central Texas Council of Governments for Environmental
Projects
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to submit the following grant applications to the North Central Texas
Council of Governments (NCTCOG) for the purpose of funding projects in the following amounts:
Environmental Management Department(EMD) Amount
a) "Household Hazardous Waste Disposal" $170,000.00
b) "Cowtown Community Cleanup" $32,455.00
c) "Regional Outreach for Recycling" $135,000.00
d) 'Television Recycling Program" $200,000.00
Code Compliance Department Amount
a) "Real Time Illegal Dumping Surveillance System" $48,000.00
2. Authorize the City Manager to accept and execute the NCTCOG grant contracts, if awarded;
3. Authorize the use of $10,217.00, $27,885.00 and $15,653.00 respectively, from the Solid Waste,
Environmental Management and General Fund as matching in-kind funds for these grants; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations up to
$639,210.00 in the Grants Fund subject to receipt of the funds.
DISCUSSION:
The Environmental Management and Code Compliance Departments are applying for the following grants:
"Household Hazardous Waste Disposal"
The Environmental Collection Center is requesting $170,000.00 in funding to help offset the cost of disposal
for approximately 2 million pounds of household hazardous waste each year. Staff will provide in-kind
services in the amount of$17,000.00 for consolidation and packaging of waste prior to disposal.
"Cowtown Community Cleanup"
The Cowtown Community Cleanup Event is scheduled for March 31, 2007. The funding request
for $32,455.00 will provide supplies, printing of advertising and mailing for six locations. Staff time in the
amount of$5,012.00 to coordinate the project will be used as the in-kind match.
"Regional Outreach for Recycling"
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/20/2006
Page 2 of 3
Production and airtime for two 30 second TV spots regarding recycling Environmental Management
Education staff will write the scripts and contract with an outside firm to produce the ads. The funding
request is $135,000.00. Staff time spent on the grant project will be used as an in-kind match of$16,223.00.
"Television Recycling.Pfogra p"
Funds will be used for a television recycling pilot program. The Solid Waste Division will contract with a
qualified recycling firm to transport, process, and recycle televisions collected at the City's Drop-off Stations
and the Environmental Collection Center. $200,000.00 is being requested.
"Real Time Illegal Dumping Surveillance System"
This grant will target the cleanup of chronic illegal dumpsites within the city by purchasing four wireless
Digital Video Recorders (DVR) to collect evidence of illegal dumping activity in real time and notify Code
Compliance and law enforcement personnel of the illegal activity as it is occurring. The funding request is
for$48,000.00 for four units.
The City shall provide all labor and equipment for installing/moving the cameras and maintenance cost
above and beyond the initial setup/installation. In addition, the City shall cover the cost of the
wireless/cellular connection and the cost of cameras to be attached to the DVR unit. The in-kind match
amount is $15,520.00. Required staff time is estimated at $8,600.00. The maintenance, installation, setup
and connection of the recorders is estimated at $6,920.00.
Grantees awarded funds will be notified in March/April, 2006. The grant funding period will run through
June 30, 2007.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, adoption of the attached
appropriation ordinance, and receipt of the grants, funds will be available in the current operating budget, as
appropriated, of the Grants Fund.
TO F u nd/Accou nt/C enters FROM Fund/Account/Centers
GR76 5 $170,000.00
(VARIOUS)052203074010
GR76 517040 052203074020 $17J000.00
GR76 451409 052203074000 $170,000.00
GR76 48_8339 052203074000 $17,000.00
GR76 5 $32,455.00
(VARIOUS) 052203075010
GR76 517040 052203075020 $5,012.00
GR76 451409 052203075000 $32,455.00
GR76 488339 052203075000 $5,012.00
GR76 5 $135,000.00
OVARIOUS) 052203076010
GR76 517040 05203076020 $16,223.00
GR76 451409 052203076000 $135,000.00
GR76 488339 052203076000 $16,223.00
GR76_5 $200,000.00
(VARIOUS) 052203077010
GR76 451409 052203077000 $200,000.00
GR76 5 $48,000.00
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/20/2006
Page 3 of 3
(VARIOUS) 052203078010
GR76 517040 023203078020 $15,520.00
GR76 451409 023203078000 $48,000M
GR76 488339 023203078000 $15,520.00
Submitted for City Manager's Office by: Libby Watson (6183)
Originating Department Head: Brian Boerner (6647)
Additional Information Contact: Carl Smart (6345)
f.ittp://www.cfwnet.org/council_packet/Reports/mc_print.asp 4/20/2006