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HomeMy WebLinkAboutContract 51081 CITY SECRETARY I Grant Project Number 18-04-12 CONTRACT N0. Interlocal Agreement NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and CITY OF FORT WORTH 1. AGREEMENT PARTIES This Interlocal Agreement ("Agreement") is entered into by and between the parties named below. Neither the Texas Commission on Environmental Quality (TCEQ) nor the State of Texas is a party to this Agreement. This Agreement, including all Attachments, represents the entire Agreement between the parties. Funding Agency: North Central Texas Council of Governments Herein referred to as: NCTCOG Subrecipient: City of Fort Worth Herein referred to as: SUBRECIPIENT 2. PURPOSE The purpose of this Agreement is to define the scope of services for this solid waste implementation project and to ensure the project meets the provisions of§361.014(b) of the Texas Health and Safety Code and the regional solid waste management plan goals and objectives. 3. SERVICES For the Project Fort Worth Residential Organics (Food Scraps) Drop-Off Site(s) Pilot Program, the SUBRECIPIENT shall complete all work as specified in this Agreement and all Attachments. The following are attached and incorporated into this Agreement: Attachment A—Scope of Work Attachment B— Project Budget and Detailed Cost Sheets Attachment C—Supplemental Funding Standards Attachment D— Funding Agency Requirements for Implementation Projects Attachment E—Reporting Forms and Deadlines The SUBRECIPIENT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services and other work furnished by the SUBRECIPIENT under this Agreement. The SUBRECIPIENT shall perform such services as may be necessary to accomplish the work required under this Agreement, in accordance with the funding agency and contractual requirements and any and all applicable law. NCTCOG may require the SUBRECIPIENT to correct and revise any errors, omissions or other deficiencies in any reports or services provided by the SUBRECIPIENT to ensure that such reports and services fulfill the purposes of this Agreement. The SUBRECIPIENT shall make the required corrections or revisions without additional cost to NCTCOG. Neither NCTCOG's review, approval or acceptance of, nor payment for any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement; and the SUBRECIPIENT shall be, and remain liable in accordance with applicable law for all damages to NCTCOG, including reasonable attorney's fees and court costs caused by the SUBRECIPIENT'S negligent performance of any of the services furnished under this Agreement. The obligations of the SUBRECIPIENT under this Article are in addition to the SUBRECIPIENT'S other express or implied assurances under this Agreement or applicable law. 1 OFFICIAL RECON CITY SECRET fe't'.VMl�GIR'°I'1 $ ' Grant Project Number 18-04-12 4. TERM OF AGREEMENT This Agreement is effective on the date signed by the last party and shall terminate on August 31, 2019, unless terminated earlier as provided herein. 5. AVAILABILITY OF FUNDS The source of the funds provided by the Texas Commission on Environmental Quality (TCEQ) is the Solid Waste Disposal and Transportation Fees, as stated in Texas Health and Safety Code 361.013. Due to demands upon that source for funds necessary to protect the health and safety of the public, it is possible that the funds contained in the Municipal Solid Waste Disposal Account, as proscribed in Texas Health and Safety Code 361.014(d), may be depleted or reduced prior to completion of this Agreement. The parties agree that all funding arranged under this Agreement is subject to sufficient funds in the Municipal Solid Waste Disposal Account. This Agreement and all claims, suits or obligations arising under or related to this Agreement are subject to the receipt and availability of funds appropriate by the Texas Legislature for the purposes of this Agreement or the respective claim, suite or obligation, as applicable. In the event funding is not available, the parties further agree that NCTCOG has no further obligation to pay and SUBRECIPIENT has no further duty to perform under terms of this Agreement, and the agreement is terminated. 6. REIMBURSEMENTS AND PAYMENTS The funding amount under this Agreement shall not exceed $49,000.00 as detailed in Attachment B. All payments for necessary and reasonable actual allowable costs incurred during the term of the Agreement shall be on a reimbursement basis and comply with Attachment C and D. The following provisions apply to NCTCOG reimbursement of expenses: • NCTCOG is not liable for expenses made in violation of Attachment C and D. • NCTCOG is not liable to the SUBRECIPIENT for costs paid or performance rendered by SUBRECIPIENT before commencement of this Agreement or after termination of this Agreement. • All costs must be incurred and paid by SUBRECIPIENT and billed to NCTCOG by March 31, 2019 in order to be eligible for reimbursement. NCTCOG is not liable for any costs paid by SUBRECIPIENT in the performance of this Agreement that have not been billed to NCTCOG by March 31, 2019. The SUBRECIPIENT must submit a Request for Reimbursement Form at least quarterly (even if no funds were spent), but not more frequently than once a month. Except as specifically authorized by NCTCOG in writing, NCTCOG is liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in this Agreement, stated guidelines, and applicable rules and regulations. Failure on the part of the SUBRECIPIENT to comply with the conditions set forth in this Agreement shall be the basis for termination of the Agreement and/or the revocation of any unexpended or inappropriately expended funds. NCTCOG will review all materials and will not make a reimbursement payment unless all required items, including any past due progress reports or other forms, have been provided and are deemed to be accurate. NCTCOG will not reimburse or otherwise make payment for expenditures that are not authorized under this Agreement. If NCTCOG determines that an expenditure that was reimbursed is not an authorized expense, NCTCOG will request return and reimbursement of those funds from the SUBRECIPIENT or, where appropriate, the application of those funds to other authorized expense, and shall not provide any additional reimbursements to the SUBRECIPIENT until the funds are returned or are applied to other authorized expenses. 2 Grant Project Number 18-04-12 Release of Claims. As a condition of final payment or settlement, or both, the SUBRECIPIENT shall execute and deliver to NCTCOG a release of all claims against NCTCOG for payment under this Agreement. 7. TERMINATION Termination for Cause. NCTCOG may, upon providing 10 days' written notice and the opportunity to cure to the SUBRECIPIENT, terminate this Agreement for cause if SUBRECIPIENT materially fails to comply with the Agreement including any one or more of the following acts or omissions: nonconforming work, or existence of a conflict of interest. Termination for cause does not prejudice NCTCOG's other remedies authorized by this Agreement or by law. Termination for Convenience. NCTCOG may, upon providing 10 days' written notice to the SUBRECIPIENT, terminate this Agreement for convenience. Termination shall not prejudice any other right or remedy of NCTCOG or the SUBRECIPIENT. SUBRECIPIENT may request reimbursement for: conforming work and timely, reasonable costs directly attributable to termination as mutually agreed. SUBRECIPIENT shall not be paid for: work not performed, loss of anticipated profits or revenue, consequential damages or other economic loss arising out of or resulting from the termination. If, after termination for cause by NCTCOG, it is determined that the SUBRECIPIENT had not materially failed to comply with the Agreement, the termination shall be deemed to have been for the convenience of NCTCOG. Upon receipt of a termination notice the SUBRECIPIENT shall promptly discontinue all services affected (unless the notice directs otherwise); and deliver or otherwise make available to NCTCOG all data, drawings, specifications, reports, estimates, summaries, and such other information, materials, and equipment as may have been accumulated by the SUBRECIPIENT in performing this Agreement, whether completed or in progress. 8. NOTICES, PROJECT REPRESENTATIVES AND RECORDS LOCATION Representatives. The individual(s) named below are the representatives of NCTCOG and the SUBRECIPIENT. They are authorized to give and receive communications and direction on behalf of NCTCOG and the SUBRECIPIENT as indicated below. All communications including official Agreement notices must be addressed to the appropriate representative or his or her designee. Changes in Representatives. Either party may change its representative by unilateral amendment. The NCTCOG Project Representative shall not be deemed to have authority to bind NCTCOG in Agreement unless NCTCOG's Executive Director has delegated that person to have such authority. The designated NCTCOG representative will provide direction to the SUBRECIPIENT on contractual and technical matters. Project Representative: Alternate Contact to Proiect Representative: Kathleen Myers, Environment& Development Kate Powers, Environment& Development Planner Planner North Central Texas Council of Governments North Central Texas Council of Governments Environment and Development Department Environment and Development Department P. O. Box 5888 P. O. Box 5888 Arlington, Texas 76005-5888 Arlington, Texas 76005-5888 TEL: (817) 695-9107 FAX: (817) 695-9191 TEL (817) 695-9213 FAX (817) 695-9191 Email: kmyers@nctcog.org Email: kpowers@nctcog.org 3 Grant Project Number 18-04-12 The SUBRECIPIENT hereby designates the individual(s) named below as the authorized personnel to receive direction from NCTCOG, to manage the work being performed, and to act on behalf of the SUBRECIPIENT as the Project Representative in contractual and technical matters: Prosect Representative: Alternate Contact to Prosect Representative: Soria Adibi, Material Management Planner Joao Pimentel, Senior Planner 4100 Columbus Trail 4100 Columbus Trail Fort Worth, Texas 76133 Fort Worth, Texas 76133 TEL: 817-392-7220 FAX: TEL: 817-392-5157 FAX: Email: soria.adibi@fortworthtexas.gov Email:joao.pimentel@fortworthtexas.gov Electronic Signatures. Electronic signatures may be used for budget amendments, reports, and correspondence provided the owner of the electronic signature approves the use of their signature for that purpose. Records Location. The SUBRECIPIENT designates the following (physical) location for record access and review pursuant to any applicable provision of this Agreement. City of Fort Worth 4100 Columbus Trail Fort Worth, Texas 76133 9. COMPLIANCE WITH APPLICABLE LAWS The activities funded under this Agreement, shall be in accordance with all provisions of this Agreement, all applicable state and local laws, rules, regulations, permits, and guidelines. The main governing standards include, but may not be limited to, the standards set forth in this Article. • Chapters 361, 363, and 364 of the Texas Health and Safety Code • Title 30 TAC Chapter 330, Subchapter O, TCEQ Rules • Title 30 TAC Chapter 14, TCEQ Rules • The Uniform Grant and Agreement Management Act, Texas Government Code, §§783.001 et. seq., and the Uniform Grant Management Standards, 1 TAC, §§5.141 - 5.167, (collectively, "UGMS"). • General Appropriations Act, 84th Regular Legislative session • Pursuant to Chapter 391 of the Local Government Code, funds received under this Agreement may be expended only subject to the limitations and reporting requirements set forth in this Article. 10. AGREEMENT AMENDMENTS Agreement Changes/Adjustments. The document may be changed or adjusted by written amendment and mutual agreement of both parties for Agreement changes. Agreement changes such as changes to project representative contacts, can be documented via electronic communications and agreement by both parties. Agreement changes such as: 1) an increase or decrease in the amount of compensation to the SUBRECIPIENT; 2) an extension or shortening of the term of the Agreement; 3) a significant change, as deemed by NCTCOG, in the scope of the Agreement or the services to be performed; or, 4) any action that is beyond the authority of NCTCOG's Executive Director, would require a written amendment to the Agreement signed by both parties. Budget Amendments. The SUBRECIPIENT must receive written consent of the NCTCOG representative for any budget changes. Any budget changes that increases the total cost in Attachment B, and not to exceed payment amount in Article 6, requires an amendment to this Agreement. 4 Grant Project Number 18-04-12 Extension of Expense Deadline. An extension of the March 31, 2019 deadline for incurring, paying, and billing all expenses to NCTCOG must be requested by the SUBRECIPIENT in writing no later than January 15, 2019. NCTCOG in its sole discretion will determine whether or not an extension of the expense deadline will be granted. 11. PROGRESS REPORTING REQUIREMENTS The SUBRECIPIENT shall prepare and submit to NCTCOG quarterly progress, summary, and results reports in accordance with Attachment E. For any changes to the reporting due dates, the SUBRECIPIENT must obtain written prior approval for an extension from NCTCOG. All required reports must be submitted electronically to NCTCOG. Based on the quarterly progress reports submitted by the SUBRECIPIENT, an in-person meeting or conference call may be required at NCTCOG's discretion in order to advance the project if certain milestones are not being met. 12. ADDITIONAL GENERAL TERMS AND CONDITIONS No Debt against the State. This Agreement is contingent on the continuing appropriation of funds. This Agreement shall not be construed to create debt against the State of Texas. UGMS. Allowable Costs are restricted to costs that comply with the Texas Uniform Grant Management Standards (UGMS) and applicable state and federal rules and law. The parties agree that all the requirements of the UGMS apply to this Agreement, including the criteria for Allowable Costs. Additional federal requirements apply if this Agreement is funded, in whole or in part, with federal funds. No Interest for Delayed Payment. Because the SUBRECIPIENT is not a vendor of goods and services within the meaning of Texas Government Code Chapter 2251, no interest is applicable in the case of late payments. Audit of Funds. The SUBRECIPIENT understands that acceptance of funds under this Agreement acts as acceptance of the authority of the NCTCOG, or any successor agency, to conduct an audit or investigation in connection with those funds. SUBRECIPIENT further agrees to fully cooperate with NCTCOG or its successor in the conduct of the audit or investigation, including providing all records requested. SUBRECIPIENT shall ensure that this clause concerning the audit of funds accepted under this Agreement is included in any subcontract it awards. Financial Records. SUBRECIPIENT shall establish and maintain financial records including records of costs of the Scope of Work in accordance with generally accepted accounting practices. Upon request SUBRECIPIENT shall submit records in support of reimbursement requests. SUBRECIPIENT shall allow access during business hours to its financial records by NCTCOG and state agencies for the purpose of inspection and audit upon written request. Financial records regarding this Agreement shall be retained for a period of at least three (3) years after date of submission of the final reimbursement request. If requested by NCTCOG, the SUBRECIPIENT agrees to provide to NCTCOG the additional expense records and documentation materials, appropriate for the expense, for the time period requested. NCTCOG will provide reasonable time for SUBRECIPIENT to comply with the request for additional documentation and will allow reasonable time for SUBRECIPIENT to respond to findings of noncompliance or other issues. Responsibility for the Scope of Work. SUBRECIPIENT undertakes performance of the Scope of Work as its own project and does not act in any capacity on behalf of the NCTCOG nor as a NCTCOG agent or employee. SUBRECIPIENT agrees that the Scope of Work is furnished and performed at SUBRECIPIENT's sole risk as to the means, methods, design, processes, procedures and performance. 5 Grant Project Number 18-04-12 Independent Contractor. The parties agree that the SUBRECIPIENT is an independent contractor. Nothing in this Agreement shall create an employee-employer relationship between SUBRECIPIENT and NCTCOG. Nothing in this Agreement shall create a joint venture between NCTCOG and the SUBRECIPIENT. Responsibilities for Subcontractors. The SUBRECIPIENT'S contractual costs must comply with allowable cost requirements. SUBRECIPIENTS who are governmental entities must engage in contractor selection on a competitive basis in accordance with their established policies or NCTCOG's procurement guidelines. All subcontracts awarded by the SUBRECIPIENT under this Agreement shall be in accordance with the (UGMS) and other applicable procurement laws. The SUBRECIPIENT shall be responsible for the management and fiscal monitoring of all subcontractors. The SUBRECIPIENT shall ensure that all subcontractors comply with all provisions required by this Agreement. NCTCOG reserves the right to perform an independent audit of all subcontractors. All acts and omissions of subcontractors, suppliers and other persons and organizations performing or furnishing any of the Scope of Work under a direct or indirect Agreement with SUBRECIPIENT shall be considered to be the acts and omissions of SUBRECIPIENT. No Third Party Beneficiary. NCTCOG does not assume any duty to exercise any of its rights and powers under the Agreement for the benefit of third parties. Nothing in this Agreement shall create a contractual relationship between NCTCOG and any of the SUBRECIPIENT's subcontractors, suppliers or other persons or organizations with a contractual relationship with the SUBRECIPIENT. Time is of the Essence. SUBRECIPIENT's timely performance is a material term of this Agreement. Delays. Where SUBRECIPIENT's performance is delayed, except by Force Majeure or act of the NCTCOG, NCTCOG may withhold or suspend reimbursement, terminate the Agreement for cause, or enforce any of its other rights (termination for convenience may be effected even in case of Force Majeure or act of NCTCOG). Conflict of Interest. SUBRECIPIENT shall have a policy governing disclosure of actual and potential conflicts of interests. Specifically, for work performed under this Agreement by SUBRECIPIENT or any related entity or individual, SUBRECIPIENT shall promptly disclose in writing to NCTCOG any actual, apparent, or potential conflicts of interest, including but not limited to disclosure of: i. Any consulting fees or other compensation paid to employees, officers, agents of SUBRECIPIENT, or members of their immediate families, or paid by subcontractors or subrecipients; or ii. Any organizational conflicts of interest between SUBRECIPIENT and its subcontractors or subrecipients under a subaward. No entity or individual with any actual, apparent, or potential conflict of interest will take part in the performance of any portion of the Scope of Work, nor have access to information regarding any portion of the Scope of Work, without NCTCOG's written consent in the form of a unilateral amendment. SUBRECIPIENT agrees that NCTCOG has sole discretion to determine whether a conflict exists, and that a conflict of interest is grounds for termination of this Agreement. Quality and Acceptance. All work performed under this Agreement must be complete and satisfactory in accordance with the Scope of Work in Attachment A and Funding Standards in Attachment D. All materials and equipment shall be handled in accordance with instructions of the applicable supplier, except as otherwise provided in the Agreement. 6 Grant Project Number 18-04-12 Quality Assurance. All work performed under this Agreement that involves the acquisition of environmental data will be performed in accordance with a TCEQ-approved Quality Assurance Project Plan (QAPP) meeting all applicable TCEQ and Environmental Protection Agency (EPA) requirements. Environmental data includes any measurements or information that describe environmental processes, location, conditions, ecological or health effects and consequences. Environmental data includes information collected directly from measurements, produced from models, and compiled from other sources such as databases or literature. No data collection or other work covered by this requirement will be implemented prior to SUBRECIPIENT's receipt of the QAPP signed by TCEQ and, if necessary, the EPA. Without prejudice to any other remedies available to TCEQ, TCEQ may refuse reimbursement for any environmental data acquisition performed prior to approval of a QAPP by TCEQ and, if necessary, the EPA. Also, without prejudice to any other remedies available to TCEQ, SUBRECIPIENT's failure to meet the terms of the QAPP may result in TCEQ's suspension of associated activities and non-reimbursement of expenses related to the associated activities. Laboratory Accreditation. Any laboratory data or analyses provided under this Agreement must be prepared by a laboratory that is accredited by TCEQ according to 30 Texas Administrative Code Chapter 25, subchapters A and B, unless TCEQ agrees in writing to allow one of the regulatory exceptions specified in 30 Texas Administrative Code Section 25.6. Third Party Intellectual Property. Unless specifically modified in an amendment or waived in a unilateral amendment, SUBRECIPIENT must obtain all intellectual property licenses expressly required in the Scope of Work, or incident to the use or possession of any deliverable under the Agreement. SUBRECIPIENT shall obtain and furnish to NCTCOG and TCEQ: documentation on the use of such intellectual property, and a perpetual, irrevocable, enterprise-wise license to reproduce, publish, otherwise use, or modify such intellectual property and associated user documentation, and to authorize others to reproduce, publish, otherwise use, or modify such intellectual property for NCTCOG and TCEQ non-commercial purposes, and other purposes of the State of Texas. Grant of License. SUBRECIPIENT grants to NCTCOG and TCEQ a nonexclusive, perpetual, irrevocable, enterprise-wide license to reproduce, publish, modify or otherwise use for any non- commercial NCTCOG or TCEQ purpose any preexisting intellectual property belonging to the SUBRECIPIENT that is incorporated into any new works created as part of the Scope of Work, intellectual property created under this Agreement, and associated user documentation. Insurance. Unless prohibited by law, the SUBRECIPIENT shall require its contractors to obtain and maintain during the Agreement period adequate insurance coverage sufficient to protect the SUBRECIPIENT and the NCTCOG from all claims and liability for injury to persons and for damage to property arising from the Agreement. Unless specifically waived by the NCTCOG, sufficient coverage shall include Workers Compensation and Employer's Liability Insurance, Commercial Automobile Liability Insurance, and Commercial General Liability Insurance. Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE SUBRECIPIENT SHALL REQUIRE ALL CONTRACTORS PERFORMING AGREEMENT ACTIVITIES ON BEHALF OF SUBRECIPIENT TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE NCTCOG AND SUBRECIPIENT AND THEIR OFFICERS, AND EMPLOYEES, FROM AND AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF ANY TYPE ARISING FROM THE PERFORMANCE OF AGREEMENT ACTIVITIES BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN, WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE LAWS, REGULATIONS, SAFETY STANDARDS OR DIRECTIVES.THIS CONVENANT SURVIVES THE TERMINATION OF THE AGREEMENT. 7 Grant Project Number 18-04-12 Payment of a Release. Neither payment by NCTCOG nor any other act or omission other than an explicit written release, in the form of a unilateral amendment, constitutes a release of SUBRECIPIENT from liability under this Agreement. Schedule of Remedies available to the NCTCOG. The following Schedule of Remedies applies to this Agreement. In the event of SUBRECIPIENT's nonconformance, NCTCOG may do one or more of the following: • Issue notice of nonconforming performance; • Reject nonconforming performance and request corrections without charge to the NCTCOG; • Reject a reimbursement request or suspend further payments, or both, pending accepted revision of the nonconformity; • Suspend all or part of the Agreement activities or payments, or both, pending accepted revision of the nonconformity; • Demand restitution and recover previous payments where performance is subsequently determined nonconforming; • Terminate the Agreement without further obligation for pending or further payment by the TCEQ and receive restitution of previous payments. Opportunity to Cure. The SUBRECIPIENT will have a reasonable opportunity to cure its nonconforming performance, if possible under the circumstances. Cumulative Remedies. Remedies are cumulative; the exercise of any remedy under this Agreement or applicable law does not preclude or limit the exercise of any other remedy available under this Agreement or applicable law. The parties agree that this Agreement does not waive any sovereign immunity to which either party is entitled by law. Survival of Obligations. Except where a different period is specified in this Agreement or applicable law, all representations, indemnifications, and warranties made in, required by or given in accordance with the Agreement, as well as all continuing obligations indicated in the Agreement, survive for four (4) years beyond the termination or completion of the Agreement, or until four (4) years after the end of a related proceeding. A related proceeding includes any litigation, legal proceeding, permit application, or State Office of Administrative Hearings proceeding, which is brought in relation to the Agreement or which in NCTCOG's opinion is related to the subject matter of the Agreement. Either party shall notify the other of any related proceeding if notice of the proceeding has not been provided directly to that other party. Delivery of Notice. Notices are deemed to be delivered three (3) working days after postmarked if sent by U.S. Postal Service certified or registered mail, return receipt requested. Notices delivered by other means are deemed delivered upon receipt by the addressee. Routine communications may be made by first class mail, facsimile transmission, email, or other commercially accepted means. Interpretation of Time. All days are calendar days unless stated otherwise. Days are counted to exclude the first and include the last day of a period. If the last day of the period is a Saturday or Sunday or a state or federal holiday, it is omitted from the computation. State, Federal Law. This Agreement is governed by, and interpreted under the laws of the State of Texas, as well as applicable federal law. 8 Grant Project Number 18-04-12 Severability. If any provision of this Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void or unenforceable, it shall be deemed severable (to the extent of such illegality, invalidity or unenforceability) and the remaining part of the provision and the rest of the provisions of this Agreement shall continue in full force and effect. If possible, the severed provision shall be deemed to have been replaced by a valid provision having as near an effect to that intended by the severed provision as will be legal and enforceable. Assignment. No delegation of the obligations, rights, or interests in the Agreement, and no assignment of payments by SUBRECIPIENT will be binding on NCTCOG without its written consent, except as restricted by law. No assignment will release or discharge the SUBRECIPIENT from any duty or responsibility under the Agreement. Venue. The SUBRECIPIENT agrees that any cause of action involving this Agreement arises solely in Tarrant County, Texas. Publication. The SUBRECIPIENT must acknowledge the financial support of NCTCOG and TCEQ whenever work is funded, in whole or part, through this Interlocal Agreement. This includes using the following notation on the front cover, title page, surface of recycling bins or carts, vehicle wraps, vehicles, pencils, pens, T-shirts, stickers, electronic devices, all mechanical equipment, etc.: "Prepared in cooperation with the North Central Texas Council of Governments through funding from the Texas Commission on Environmental Quality." Tangible items where surface space is limited may utilize the TCEQ logo or the phrase "Funded by TCEQ." Consult with NCTCOG Project Representative to obtain TCEQ logo and for guidance on the proper display. SUBRECIPIENT agrees to notify NCTCOG five (5) days prior to the publication or advertisement of information related to this Agreement. SUBRECIPIENT agrees not to use the NCTCOG or TCEQ logo or the NCTCOG or TCEQ graphic as an advertisement or endorsement without written permission signed by the appropriate NCTCOG or TCEQ authority. Waiver. With the exception of an express, written waiver in the form of a unilateral amendment signed by NCTCOG, no act or omission will constitute a waiver or release of SUBRECIPIENT's obligation to perform conforming Agreement activities. No waiver on one occasion, whether expressed or implied, shall be construed as a waiver on any other occasion. Compliance with Laws. NCTCOG relies on SUBRECIPIENT to perform all Agreement activities in conformity with all applicable laws, regulations, and rules and obtain all necessary permits and licenses. Counterparts. This Agreement may be signed in any number of copies. Each copy when signed is deemed an original and each copy constitutes one and the same Agreement. Accessibility. All electronic content and documents created as deliverables under this Agreement must meet the accessibility standards prescribed in 1 Texas Administrative Code sections 206.50 and 213 for state agency web pages, web content, software, and hardware, unless NCTCOG agrees that exceptions or exemptions apply. 9 Grant Project Number 18-04-12 IN WITNESS HEREOF, the Parties have executed this Agreement as of the Effective Date. City of Fort Worth North Central Texas Council of Governments Signature Mi hael Eastland Executive Director kJA4e✓I..e' w, Gt Valerie Washington Printed Name Assistant City Manager Titlep.r�.l.��t�. Ito Date Date Approved as to Form and Legality Christa R` opez-Re Ids Sr. Assistant City Attorney Attest: 0 R 7` Mary Kayser/ City Secretary ., Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Name of Employee 5�ot2 pt_Arlr1 Title OFFICIAL RECORD CITY SECRETARy FT.WORTH,TX 10 Grant Project Number 18-04-12 ATTACHMENT A SCOPE OF WORK This grant will support a subscription pilot program for Fort Worth citizens to drop-off food waste at designated drop-off sites. The $49,000 grant funds will be used to hire an organic hauler to collect and transport materials from the drop off sites to a composting facility. The SUBRECIPIENT will provide $35,000 matching funds for initial infrastructures, such as carts, bins, compostable bags, cart locks, signage, and education and outreach materials. Over the course of the pilot program, the SUBRECIPIENT will gather and analyze data, evaluate the efficiency of our collection routes, and refine the location of the drop-off sites. But most important for the SUBRECIPIENT will be establishing whether customers are enthusiastic about this alternative waste recovery effort. Those findings will help guide future city initiatives and possibly a broader curbside organic recycling program. Tasks, deliverables, and timeline are listed below in the following format: 1. Task a. Deliverable (Due Date) 1. Completion of grant deliverables a. Submit quarterly reports on timeline determined by NCTCOG (beginning September 2018) b. Complete all expenditures and submit reimbursement requests (March 31, 2019) c. Submit Release of Claims (May 15, 2019) d. Submit cumulative Results Report through August 2019 (September 2019) e. Submit TCEQ Year Later Report (September 2020) 2. Task: Sign Interlocal Agreement a. Obtain necessary signatures (June 2018) 3. Task: Procure contractor services (July 2018) a. Issue RFP for Compost Collection and Processing 1. Request bids from vendors for collection and processing cost(July 2018) 2. Select vendor(August 2018) 3. Sign contract and implementation (August/September 2018) 4. Task: Partner with Master Composters, community gardens, and nonprofits. a. Meet with partners and plan for siting (May/June 2018) b. Develop participant survey and volunteer time slots (July 2018) c. Assign volunteers shifts (Ongoing) 5. Task: Determine drop-off sites and designated hours a. Share feedback from volunteer partners and work with organics hauler to determine drop-off site locations (August 2018) b. Set-up carts, locks, and signage (August/September 2018) 6. Task: Procure initial infrastructures a. Purchase carts, locks, pails, bags, and signage (July/August 2018) 7. Task: Install Carts (August 2018) a. Assign organics hauler to collect, transport, and recycle materials (August/September 2018) 8. Task: Education and Outreach (Ongoing) a. Develop FAQ and tip sheets (July 2018) b. Announce new program via press release, social media, and City News (August/September 2018) c. Email blasts to participants - biweekly at start of grant (August 2018) d. Ongoing education at events and city newsletters (Ongoing) 11 Grant Project Number 18-04-12 ATTACHMENT B PROJECT BUDGET AND DETAILED COST SHEETS Budget Categories Funding Approved 1. Personnel (Salary) $0 2. Fringe Benefits $0 3. Travel Does not include registration) $0 4. Supplies unit cost of less than $1,000) $0 5. Equipment unit cost of$5,000 or more, and Controlled Assets up to $4,999 $0 6. Contractual other than for Construction $49,000 7. Construction $0 8. Detailed "Other" Expenses Budget $0 TOTAL Direct charges sum of lines 1-8 $0 9. Indirect charges $0 TOTAL COST (sum of lines 1-9) $49,000 LIST IN-KIND DETAILS NOTE: Appropriate documentation must be included in order to receive credit for any eligible in-kind items. (i.e. proof of payment, proof of value etc). The initial start-up period will require intense work and the SUBRECIPIENT will contribute approximately $60,000 in staff time as in-kind match. The SUBRECIPIENT will provide $35,000 in matching funds for initial infrastructures such as carts, bins, compostable bags, cart locks, signage, and education and outreach materials. 12 Grant Project Number 18-04-12 DETAILED BUDGET SHEET - Contractual This budget sheet should be completed if any expenses are entered for Contractual services on Line 6 of the Project Budget Summary; otherwise omit. $49,000 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 SUBRECIPIENT other than those related to construction. All local government municipal laws and regulations, including UGMS, for bidding and Contractual 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: Contractual Costs FY18 Organics Hauler—to collect and transport materials to a composting $12,000 facility FY19 Organics Hauler—to collect and transport materials to a composting $37,000 facility 13 Grant Project Number 18-04-12 ATTACHMENT C ELIGIBLE EXPENSE STANDARDS Contractual Expenses All outlays that fall within the "Contractual" category of the budget shall be itemized by the SUBRECIPIENT on the Reimbursement Request Form. No Contractual expenditures are eligible for reimbursement under this Agreement, unless such Agreements' scope of work has been approved ahead of time, in writing, by NCTCOG. Any amendments to the SUBRECIPIENT'S subcontract authorization for reimbursement under this Agreement, whether or not such subcontract required NCTCOG's pre-approval, which will result in or require substantive changes to any of the tasks required to be performed under this Agreement, must be approved in writing by NCTCOG. Contractual expenses include professional (subcontracted) services. The SUBRECIPIENT is expected to conform to the appropriate bidding and contracting laws and regulations according to the SUBRECIPIENT'S own internal policies and procedures. In addition, the SUBRECIPIENT is required to maintain documentation that the costs paid 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. In addition to the itemized Reimbursement Request Form, the SUBRECIPIENT 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 and an invoice, plus a copy of the check showing payment or bank transmittal. Other Expenses Any Request for Reimbursement must include an itemization of the expenses, using the Reimbursement Request Form. No expenses under the "Other" budget category, including computer hardware or software purchases not included under the "Equipment" budget category, shall be eligible for reimbursement under this Agreement, unless approved ahead of time, in writing, by NCTCOG. The "Other" expenses as identified in Attachment B of the Project Budget are allowed. The restrictions set forth in the Uniform Grant and Agreement Management Standards apply. All expenses budgeted under this "Other" category shall be itemized by the project SUBRECIPIENT when requesting reimbursement. Some expenses that may be appropriate include but are not necessarily limited to: a. Postage/delivery g. Office space b. Telephone/Fax h. Basic office furnishings c. Utilities i. Legal costs d. Printing/reproduction j. Vehicle maintenance e. Advertising/Public notices 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 14 Grant Project Number 18-04-12 were paid (a copy of the check or bank transmittal) and shall include purchase orders, if issued, and invoices or receipts. 15 Grant Project Number 18-04-12 ATTACHMENT D FUNDING AGENCY STANDARDS FOR IMPLEMENTATION GRANTS In addition to the standards set forth in applicable law and regulations, the standards outlined below apply to all uses of the solid waste grant funds. These funding agency standards and limitations apply to all implementation project activities funded under this Agreement. The SUBRECIPIENT is responsible for ensuring compliance with these standards. Furthermore, at the discretion of NCTCOG and the funding agency, the Texas Commission on Environmental Quality (TCEQ), may deem certain expenses ineligible that are not explicitly stated in these Funding Standards. The SUBRECIPIENT should coordinate with NCTCOG to determine eligibility of all expenses prior to incurring project expenses. General Standards 1. The provisions of the Uniform Grant Management Standards (UGMS) issued by the Office of the Governor apply to the use of these funds, as well as the supplement financial administration provided in the program Administrative Procedures. 2. Recipients of funds under this Agreement and subcontractors shall comply with all applicable state and local laws and regulations pertaining to the use of state funds, including laws concerning the procurement of goods and services and competitive purchasing requirements. 3. Funds may not be provided through a pass-through grant or subcontract to any public or private entity that is barred from participating in state Agreements by the Texas Facilities Commission. 4. Public and private entities subject to payment of state solid waste disposal fees and whose payments are in arrears may not receive funds under this Agreement through either a pass- through grant or subcontract. 5. In accordance with §361.014(b), Texas Health and Safety Code, and 30 TAC §330.649(d), TCEQ Regulations, a project or service funded under this Agreement must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition, the term private industry includes non-profit and not-for-profit non-governmental entities. 6. All equipment and facilities purchased or constructed with funds provided under this Agreement shall be used for the purposes intended in the funding Agreement and comply with Attachment C. 7. A project or service funded under this Agreement must be consistent with the NCTCOG Regional Solid Waste Plan, and must be intended to implement the goals, objectives, and priorities established in the regional plan. 8. Funds may not be used to acquire land or an interest in land. 9. Funds may not be used to supplant existing funds. In particular, staff positions where the assigned functions will remain the same and that were active at the time of the funding application or proposal, and were funded from a source other than a previous solid waste grant, may not be funded. 10.Funds may not be used for food or entertainment expenses, including refreshments at meetings and other functions. This provision does not apply to authorized employee per diem expenses for food costs incurred while on travel status. 11.Funds may not be used for payment of salaries to any employee who uses alcoholic beverages on active duty. Funds may not be used for the purchase of alcoholic beverages, including travel expenses reimbursed with these funds. 12.Funds may not be used for employment, Agreements for services of a lobbyist, or for dues to an organization, which employs or otherwise Agreements for the services of a lobbyist. 13.Funds may only be used for projects or programs for managing municipal solid waste. 14.Except as may be specifically authorized, funds may not be used for projects or facilities that require a permit from the TCEQ and/or that are located within the boundaries of a permitted facility, including landfills, wastewater treatment plants, or other facilities. This restriction may be waived by the TCEQ, at its discretion, for recycling and other eligible activities that will take place within 16 Grant Project Number 18-04-12 the boundaries of a permitted facility. The applicant and/or NCTCOG must request a preliminary determination from the TCEQ as to the eligibility of the project prior to the project being considered for funding by NCTCOG. 15.Projects or facilities requiring a registration from the TCEQ, and which are otherwise eligible for funding, must have received the registration before the project funding is awarded. 16.Except as may be specifically authorized, funds may not be used for activities related to the collection or disposal of municipal solid waste. This restriction includes: solid waste collection and transportation to a disposal facility; waste combustion (incineration or waste-to-energy); processing for reducing the volume of solid waste which is to be disposed of; landfills and landfill-related facilities, equipment, or activities, including closure and post-closure care of a permitted landfill unit; or other activities and facilities associated with the disposal of municipal solid waste. 17.Funds may not be used to assist an entity or individual to comply with an existing or pending federal, state, or local judgment or enforcement action. This restriction includes assistance to an entity to comply with an order to clean up and/or remediate problems at an illegal dumpsite. However, the TCEQ may waive this restriction, at its discretion and on a limited case-by-case basis, to address immediate threats to human health or the environment, and where it is demonstrated that the responsible party does not have the resources to comply with the order. 18.Funds may not be used to pay penalties imposed on an entity for violation of federal, state, or local laws and regulations. This restriction includes expenses for conducting a supplemental environmental project (SEP) under a federal or state order or penalty. Funds may be used in conjunction with SEP funds to support the same project. Local Enforcement. Funds may not be provided to any law enforcement agency regulated by Texas Occupational Code, Title 10, Chapter 1701, unless: (a) the law enforcement agency is in compliance with all rules on Law Enforcement Standards and Education; 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 SUBRECIPIENT 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 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. 17 Grant Project Number 18-04-12 Funds may not be used for purchase of weapons, ammunition, and/or HazMat gear. Litter and Illegal Dumping Cleanup and Community Collection Events. Lake and Waterway Cleanup events may be coordinated with the Keep Texas Beautiful organization. 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 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 nonhazardous 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 nonhazardous industrial wastes 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 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, NCTCOG should consider withholding at least ten (10) percent of the reimbursements under a pass-through grant or subagreement, 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, may be funded. 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. To the extent practicable, community collection events should make every effort to divert wastes collected from area landfills, e.g., contain a recycling component. Source Reduction and Recycling. Any program or project funded with the intent of demonstrating the use of products made from recycled and/or reused materials shall have as its primary purpose the education and training of residents, governmental officials, private entities, and others to encourage a market for using these materials. Local Solid Waste Management Plans. All local solid waste management plans funded under this Agreement must be consistent with the COG's RSWMP, and prepared in accordance with 30 TAC Subchapter O, Chapter 330, TCEQ Regulations, and the Content and Format Guidelines provided by the TCEQ. 18 Grant Project Number 18-04-12 In selecting a local solid waste management plan project for funding, NCTCOG shall ensure that at least one year is available for the completion and adoption of the local plan. Citizens' Collection Stations and "Small" Registered Transfer Stations. The design and construction of citizens' collection stations, as those facilities are defined under 30 TAC Chapter 330, TCEQ Regulations, may 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 30 TAC 330, MSW Rules, 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. The following MSW facilities may be funded: • Notification tier municipal solid waste transfer stations that qualify under 30 TAC 330.11(g). • Registered municipal solid waste transfer stations that qualify under 30 TAC 330.9(b)(1) through (3), or(f). • Notification tier citizens' collection stations that qualify under 30 TAC 330.11(e)(1). • Exempt local government recycling facilities as provided for under 30 TAC 328(a)(1). • Notification tier recycling facilities that qualify under 30 TAC 330.11(e)(2). • Notification tier composting facilities which qualify under 30 TAC 332.21 —332.23. • Notification tier liquid waste temporary storage facilities which qualify under 30 TAC 330.11(e)(5). • Liquid waste transfer stations which qualify for registration in 30 TAC 330.9(g) and (o). • Notification tier used oil collection facilities which qualify under 30 TAC 324.71(1) or(3). Household Hazardous Waste Management. All household hazardous waste collection, recycling, and/or disposal activities must be coordinated with the TCEQ's HHW program staff, and all applicable laws, regulations, guidelines, and reporting requirements must be followed. Technical Studies. All technical studies funded must be consistent with NCTCOG'S regional solid waste management plan, and prepared in accordance with Administrative Procedures provided by the TCEQ. Educational and Training Projects. Educational and training programs and projects funded under this Agreement must be primarily related to the management of municipal solid waste, and funds applied to a broader education program may only be used for those portions of the program pertaining to municipal solid waste. Other Types of Projects. If the TCEQ authorizes NCTCOG to fund additional types of projects, the authorization incorporated into the grant Agreement may include additional standards and restrictions that will apply to use of funds for that project or type of project. 19 Grant Project Number 18-04-12 ATTACHMENT E REPORTING, FORMS, AND DEADLINES The SUBRECIPIENT agrees to provide, throughout the life of the project, quarterly, final, and follow-up reports to document the project's results during and after the culmination of the project. The required reporting forms can be found at http://www.nctcog.orq/solidwastegrants. Quarterly Reports. The SUBRECIPIENT shall prepare and submit to NCTCOG quarterly progress reports documenting the accomplishments and units of work performed under this Agreement. The Quarterly Summary/Results Report form provided by NCTCOG will be due to NCTCOG on the dates indicated below: REPORTING • Quarterly Report#1 Start of Agreement- August 31, 2018 Friday, September 7, 2018 Quarterly Report#2 September 1, 2018 - November 30, 2018 Friday, December 7, 2018 Quarterly Report#3 December 1, 2018 - February 28, 2019 Friday, March 8, 2019 Quarterly Report#4 March 1, 2019— March 31, 2019 Friday, April 12, 2019 Final Report April 1, 2019—August 31, 2019 Monday, September 30, 2019 Year Later Follow-Up September 1, 2019-August 31, 2020 Friday, September 11, 2020 Results Report The SUBRECIPIENT'S Reports must contain adequate descriptions of all project activities performed in order to allow NCTCOG to evaluate compliance with the provisions of this project. Performance information concerning timelines in meeting the schedule for required reports will be maintained by NCTCOG and shared as appropriate with members of the RCC. Any legal research and related legal activities shall be clearly detailed in the progress reports in order to assure NCTCOG that the activities are not prohibited. The SUBRECIPIENT shall comply with any reasonable request by NCTCOG for additional information on activities conducted in order for NCTCOG to adequately monitor the SUBRECIPIENT'S progress in completing the requirements of and adhering to the provisions of this Agreement. Final Report. A Final Report, due Monday, September 30, 2019 in a format provided by NCTCOG. The Results Report should include information from the end of the project, March 31, 2019 to the end of the biennium, August 31, 2019. Year Later Follow-Up Results Report. The Follow-up Results Report will provide cumulative results to document the impact of the project beyond the date of this Agreement. The Follow-up Results Report form will be provided by NCTCOG and will be due Friday, September 11, 2020. 20