HomeMy WebLinkAboutContract 37018Grant Project Number M04=G16 City of Fort Worth Used TV Recycling Program CITY SECRETARY 37701
CONTRACT N
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
INTERLOCAL AGREEMENT FOR SOLID WASTE IMPLEMENTATION GRANT 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 Agreement.
CONTRACTING PARTIES:
The Funding Agency: North Central Texas Council of Governments
Herein referred to as "NCTCOG"
Funds Recipient: City of Fort Worth, TX
Herein referred to as "FUNDS RECIPIENT"
II. SERVICES TO BE PERFORMED:
For the City of Fort Worth's Used TV Recycling Program, the FUNDS RECIPIENT shall
complete all work as specified or indicated in "Attachment A - Work Program and Schedule of
Deliverables of FUNDS RECIPIENT".
III. FUNDING AMOUNT:
The funding amount under this Interlocal Agreement is: $25,000 dollars (Twenty five thousand
dollars). The budget details are in Attachment C.
IV. TERM OF CONTRACT:
This Interlocal Agreement is effective March 24, 2008 and shall terminate July 31, 2009, 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.
A.
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 Solid Waste Disposal and
Transportation Revenue Fee, as proscribed in Texas Health and Safety Code Chapter 361,014,
Due to demands upon the 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 Chapter 361.014(d), will be depleted or reduced 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 Municipal Solid Waste Disposal Account,
The NCTCOG has certified, and the FUNDS RECIPIENT certifies that each has the authority to
perform the services contracted for by authority granted in 11the Regional Planning Act, of 1965;" --
Grant Project Number 08-04416 City of Fort Worth Used TV Recycling Program
Texas Local Government Code, Chapter 391 and "The Interlocal Cooperation Act," Texas
Government Code, Chapter 7910
COUNCIL OF GOVERNMENTS
North Central Texas Council of
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Mike Eastland
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PROJECT FUNDS RECIPIENT
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Carl L. Smart
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Grant Project Number 08-04-G16 City of Fort Worth Used TV Recycling Program
LIST OF ATTACHMENTS
ATTACHMENT A. WORK PROGRAM AND SCHEDULE OF DELIVERABLES ..............................1
ATTACHMENT B. SCHEDULE FOR REIMBURSEMENT AND REPORTING ....................................... 3
ATTACHMENT C. BUDGET &DETAILED COST SHEETS..................................................................a 4
ATTACHMENT D. SPECIAL PROVISIONS............................................................................................
6
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Article 03.
FINANCIAL OBLIGATION......................................................................................................
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Article 07.
PERFORMANCE MEASURES...............................................................................................
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PERSONNEL.........................................................................................................................a
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CONSTRUCTION.................................................................................................................
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Article17.
PROJECT CONTACTS.......................................................................................................
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ATTACHMENT E. GENERAL PROVISIONS........................................................................................
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ELIGIBLE PROJECT FUNDING RECIPIENTS....................................................................
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02.
RESPONSIBILITIES OF THE FUNDS RECIPIENT.............................................................
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OVERSIGHT OF SOLID WASTE IMPLEMENTATION
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ACCOUNTING SYSTEM......................................................................................................
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AUDITS................................................................................................................................24
SEV E RAB I L ITY..................................................................................................26
INTELLECTUAL PROPERTY.................................................................................26
CORRESPONDENCE.........................................................................................27
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Grant Project Number 08=04-G16 City of Fort Worth Used TV Recycling Program
Attachment A. Work Program and Schedule of Deliverables
The City of Fort Worth requests $25,000 to implement the Time to Recycle Goal of the Regional Solid
Waste Management Plan by expanding the collection and management of special wastes by
providing the residents of Fort Worth with an effective means for recycling their used televisions
through the city's electronic waste (e-waste) collection program. The purpose of this grant will
be to assist the City with the television processing costs as the City determines the best method
to sustain this program into the future. The options would be to continue to fund the program at
large from the solid waste enterprise fund at no charge to residents dropping off televisions or to
charge a nominal amount to each resident that chooses to use the collection program.
Since September 2005, through a partnership with Goodwill Industries of Fort Worth, Inc. the
City of Fort Worth has provided a year round a -waste collection program at its drop-off stations.
From September 2005 through July 2007, the City has collected and Goodwill has processed
either for resale or for recycling over 141 tons of e-waste. However, during this period
televisions were not accepted under this program. Starting in August of 2007, through a 6-
month pilot program with Goodwill, Fort Worth began accepting televisions. During the four
month period from August — November 2007 our e-waste program collections jumped
appreciably to over 90 tons of electronic waste for this period with at least one third of this
tonnage being television sets.
The City has 3 drop-off locations for citizens to bring their televisions:
Drop-off Station #1 - 2400 Brennan Ave. in Fort Worth
• Drop-off Station #2 - 5150 Martin Luther King Jr. Freeway in Fort Worth
• Drop-off Station #3 - 6260 Old Hemphill Rd. in Fort Worth
Goodwill staff performs a "triage" after the receipt of the televisions at their facility. Those that
can be put back into circulation as operational or used for parts are sold through the Goodwill
Computer Works Store located at 2451 Mansfield Highway in Fort Worth. Those that can not be
put back into circulation as operational and/or for parts are disassembled and recycled at
Monitex L.L.C., 2920 114`h Street in Grand Prairie. Monitex is listed on the TCEQ's publication
"Recyclers of Computer and Electronic Equipment" dated February 12, 2008. As per Sam
Barrett, TCEQ Region 4 office, Monitex is not currently under enforcement action by the state.
Monitex's registration number with the EPA is ID # TXR0000492134
The challenge facing both Goodwill and the City is that while many other electronic wastes can
be effectively resold or recycled at a breakeven or even a nominal cost, there is the potential of
a significant cost to recycling the television sets as there is virtually no reuse potential for older,
non working TVs. Goodwill has estimated that they had additional costs that have averaged
over $3,000.00 per month over any potential revenue gain during the 4 month startup period.
Goodwill and Fort Worth both estimate that these costs are currently low and they will grow
considerably more due to volume over the next two years as this program becomes better
known to residents but more dramatically because of the advent of the Federal Communications
Commission (FCC) -mandated High Definition television switchover in February 2009. Because
of this mandated upgrade, many experts are anticipating that one in every four households
throughout the US will chose not to obtain a converter and will be seeking to dispose of their
older TVs. For a city the size of Fort Worth, that would translate into over 50,000 units or
roughly 1,760 tons of televisions over the next 2 or 3 years. Fort Worth would prefer to recycle
these units vs. disposing of them in landfills because of the potential environmental impact due
to hazardous components used in the manufacturing of the televisions. ;, o
Grant Project Number 08=04-G16 City of Fort Worth Used TV Recycling Program
Attachment B. Schedules for Requests for Reimbursement and
Quarterly Status Reports
1. REQUESTS FOR REIMBURSEMENT
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. Requests for Reimbursement may be submitted monthly and are not
associated with the Status Report schedule. 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.
2. QUARTERLY STATUS REPORTS
The following represents the reporting schedule for projects funded in fiscal years 2008-09:
DUE DATES FY2008 PROGRESS REPORTS REPORTING PERIOD
Quarterly Project Summary/Results Report #1:
March 2008 through May 2008
Due Friday, June 6, 2008
Quarterly Project Summary/Results Report #2:
DJune 2008 through August 2008
Due Friday, September 5, 2008
Quarterly Project Summary/Results Report #3:
September 2008 through November 2008
Due Friday, December 5, 2008
Quarterly Project Summary/Results Report #4. December 2008 through February 2009
Due Friday, March 6, 2009
Quarterly Project Summary/Results Report #5:
March 2009 through May 2009
Due Friday, June 5, 2009
Final Results Report & Release of Claims
June 2009 through July 31, 2009
Due Friday, August 21, 2009
Follow -Up Results Report: One (1) year after completion of the project
Due Friday, August 5, 2010 upon NCTCOG request.
3
Grant Project Number OM4-G16 City of Fort Worth Used TV Recycling Program
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. $ 25,000
All contractual expenses must be pre -approved by NCTCOG0 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:
• Recycle processing costs-approx.1,850 TV sets at $.18 per pound
5
Grant Project Number 08-04-G16 City of Fort Worth Used TV Recycling Program
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 wrng, 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-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.
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 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 Summary of Pass -Through Grant Expenditures,
NCTCOG will make payment to FUNDS RECIPIENT, as soon as practicable. 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.
Grant Project Number 08-04wG16 City of Fort Worth Used TV Recycling Program
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
Mil 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 B of this Interlocal Agreement. Prior written notification
must be provided to NCTCOG in the event that the FUNDS RECIPIENT is unable to comply
with the reporting requirements.
Article 08. Personnel
In addition to the 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 C. The FUNDS RECIPIENT must notify and seek approval from NCTCOG for any
changes in personnel whose salaries are funded under this Interlocal Agreement.
0
Grant Project Number M04=G16 City of Fort Worth Used TV Recycling Program
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.
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 acquison 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
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Grant Project Number 08-04=G16 City of Fort Worth Used TV Recycling Program
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.
A request for reimbursement for equipment must include itemized expenses on Form PT-F2-B.
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.
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-B, to accompany the Request for Reimbursement (Form
PT-F2). In addition, the FUNDS RECIPIENT shall attach, for each item listed, legitimate
documentation that (1) further identifies the specific cost; (2) clearly identifies the vendor or
subcontractor who provided the materials or services; and (3) confirms the reimbursable
materials listed.
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
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Grant Project Number 08-04=G16 City of Fort Worth Used TV Recycling Program
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 C.
The Indirect Cost Rates) included under Attachment C 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
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 C.
Article 16. Matching Services/Cash Contributions
In reference to the performance of the FUNDS RECIPIENT under this Interlocal Agreement,
Matching 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.
Maatching 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.
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Grant Project Number 08-04-G16 City of Fort Worth Used TV Recycling Program
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
RECIPIENT'S negligent performance of any of the services furnished under this Interlocal
Agreement.
17
Grant Project Number M04-4316 City of Fort Worth Used TV Recycling Program
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
Jumping 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
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.
Grant Project Number 08-04-G16 City of Fort Worth Used TV Recycling Program
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
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.
21
Grant Project Number 08-04-G16 City of Fort Worth Used TV Recycling Program
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; and,
• 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:
• §36140148 TEX. HEALTH and SAFETY CODE ANN. (as amended by H.B. 30727 741h
Texas Legislature);
• §330.569 of the TCEQ Municipal Solid Waste Regulations (30 TAC Chapter 330), and
• The Uniform Grant and Contract Management Act, TEX. GOV'T CODE ANN.,
§§783.001 et. Seq., and the Uniform Grant and Contract Management Standards, 1
Texas Administrative Code (TAC), §§5.141 et. seq. (collectively, "UGCMA" ).
If the FUNDS RECIPIENT or NCTCOG observes that this Interlocal Agreement is at variance in
any respect, the observing party shall promptly notify the other party in writing, and any
necessary changes shall be adjusted by appropriate Interlocal Agreement modification.
Article 07. Uniform Grant and Contract Management Act
The provisions of the Uniform Grant and Contract Management Act ("UGCMA") apply to this
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
)rinciples.
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
23
Grant Project Number 08=04-G16 City of Fort Worth Used TV Recycling Program
TAC § ?5.141 et.seq, Governor's Office Regulations. Provisions of the Single Audit Circular in
Part 1V of the UGMS apply to all recipients of funding under this grant.
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,
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, indemnifications, warranties and guarantees made in, required by or given
in accordance with this Interlocal Agreement, as well as all continuing obligations indicated in
0
5
Grant Project Number 08=04-G16 City of Fort Worth Used TV Recycling Program
If the FUNDS RECIPIENT first conceives of, actually puts into practice, discovers, invents, or
produces any intellectual property during the course of its work under this Agreement, it shall
report that fact to the NCTCOG.
The FUNDS RECIPIENT may obtain governmental protection for rights in the intellectual
property. However, the NCTCOG hereby reserves a nonexclusive, royalty -free and irrevocable
license to use, publish, or reproduce the intellectual property for sale or otherwise, and to
authorize others to do so. The NCTCOG also reserves a royalty -free nonexclusive, and
irrevocable license to use, publish, or reproduce for sale or otherwise, and to authorize others to
use, publish, or reproduce, for sale or otherwise (to the extent consistent with the rights of third
parties) any intellectual property for which the FUNDS RECIPIENT obtains rights with funds
received under this 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 non -visual 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
27
Grant Project Number 08-04mG16 City of Fort Worth Used TV Recycling Program
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.
Protects 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.
Protects 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 Codea project or service funded under thi
,s
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
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.
29
Grant Project Number 08-04-G16 City of Fort Worth Used TV Recycling Program
Article 30. Utilization of Small, Minority, and Women's Business Enterprises
"Cr 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 per 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
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.
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Grant Project Number 08=04-G16 City of Fort Worth Used TV Recycling Program
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),
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.
33
Grant Project Number M04-G16 City of Fort Worth Used TV Recycling Program
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.
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 patty'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.
35
Grant Project Number 08=04-G16 City of Fort Worth Used TV Recycling Program
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 10f: HOUSEHOLD HAZARDOUS WASTE
FORM 10g: TECHNICAL STUDIES
FORM 10h: EDUCATIONAL AND TRAINING PROJECTS
II. REIMBURSEMENT FORMS (Form PT-F 2 plus Supplemental Forms)
• Request for Reimbursement Form and Supplemental Reimbursement Forms
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 Matching Services and/or Cash Contributions
III. REQUEST FOR BUDGET REVISION FORM
IV. EXAMPLE of RELEASE OF CLAIMS
These forms are located at the following website:
http://www.nctcog.org/envir/SEELT/funding/report forms asp
37
Grant Project Number 0&04-G16 City of Fort Worth Used TV Recycling Program
FY 2008/2009 REGIONAL SOLID WASTE GRANTS PROGRAM
SUMMARY/RESULTS REPORT OF GRANT=FUNDED PROJECT
1.
Grant Recipient.
2.
Contract #:
3.
Report #:
4.
Final FY 08/09 Report:
❑ Yes ❑ No
5.
Reporting Period:
6.
Grant Term:
From: to:
From: to:
7.
Percent Completed to Date:
8.
Estimated Completion Date:
Required Attachments
9. STATUS OF COMPLETION OF WORK TASKS
10. PROJECT RESULTS REPORT
(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)
11. PROJECT EQUIPMENT/CONSTRUCTION REPORT
❑ Equipment and Facility Construction Verification Form
12. CERTIFICATION:
I certify to the best of my knowledge and belief that this report is correct and complete.
Signature of Authorized Certifying Official
Typed or Printed Name and Title
Date Submitted
[cT:3
Grant Project Number 08-04wG16 City of Fort Worth Used TV Recycling Program
STATUS OF COMPLETION OF WORK TASKS*
For each major work task or deliverable set forth in your grant contract, 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 the 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 (%) Completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments.
2. Task/Deliverable:
A. Percent (%) 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:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
4. Task/Deliverable:
39
Grant Project Number 08-04=Gl6 City of Fort Worth Used TV Recycling Program
A. Percent (%) Completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
5. Task/Deliverable:
A. Percent (%) Completed:
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments.
6. Task/Deliverable
A. Percent (%) Completed.
B. Activities conducted to date:
C. Major activities remaining to complete task:
D. Estimated completion date:
E. Comments:
Grant Project Number 08-04-G16 City of Fort Worth Used TV Recycling Program
FY 2008/2009 REGIONAL SOLID WASTE GRANT
Results Report Form 10fa Household Hazardous Waste Management
Reporting Parameter
Cumulative FY
2008/2009 Results
Grant funding amount
$
Total number of collection events, including &waste
does not include Texas Country Cleanups)
Total number of permanent collection facilities/mobile collection units
Total number of participants/customers
• FOR HHW Events
Total amount of HHW(excluding hazardouspaint) collected inpounds)
Total amount of hazardous paint collected (in pounds)
Total cost of hazardous materials contractor services
$
Total cost of tire 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 &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)
(continued on next page)
Trainina Com
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
41
Grant Project Number 08=04-GM City of Fort Worth Used TV Recycling Program
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:
42
Grant Project Number 08-04-G16 City of Fort Worth Used TV Recycling Program
FY 2008/2009 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:
DYES ❑ NO
6. ACCOUNTING BASIS:
nCash I ✓ Accrual
7. TOTAL GRANT PERIOD:
FROM: March 24, 2008 TO: July 31, 2009
8. PERIOD COVERED BY THIS REPORT:
FROM: TO:
9.
BUDGET CATEGORIES
do not include inkind
Total Budget
Project Cost
This Report
Cumulative
Project Cost
Total
Balance
a.
Personnel / Salaries
b.
Fringe Benefits
c.
Travel
d.
Supplies
e.
Equipment
f.
Contractual
g.
Construction
h.
Other
'
Total Direct Sum a-h
_
Indirect Charges
k.
Total
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:
❑ NCTCOG-use only
43
Grant Project Number 08-04-G16 City of Fort Worth Used TV Recycling Program
FY 2008/2009 REGIONAL SOLID WASTE GRANTS PROGRAM
ITEMIZATION OF EQUIPMENT AND CONTRACTUAL COSTS
SUPPLEMENTAL FORM F2-B
EQUIPMENT PURCHASES (during this report period)
NUMBER
PURCHASED
ITEM DESCRIPTION
UNIT
COST
TOTAL COST
OTAL EQUIPMENT EXPENDITURES (Must agree with line 9e on Form PT-F2
CONTRACTUAL EXPENDITURES (durin this report period)
SUBCONTRACTOR NAME FOR
TOTAL COST
TOTAL CONTRACTUAL EXPENDITURES (Must agree with line 9f on Form PT=F2
Legible receipts must be attached to this form for each listed item or expenditure.
ATTACH ADDITIONAL SHEETS, IF NEEDED
Grant Project Number 08-04-G16 City of Fort Worth Used TV Recycling Program
FY Z008/Z009 REGIONAL SOLID WASTE GRANTS PROGRAM
ITEMIZATION OF MATCHING SERVICES AND CASH CONTRIBUTIONS
SUPPLEMENTAL FORM FZ-m
MATCHING SERVICES JUUrin this report period,
ITEM PURCHASED OR COST
SERVICE PERFORMED PURPOSE THIS PERIOD
TOTAL MATCHING SERVICES EXPENDITURES
45
Grant Project Number M04-G16 City of Fort Worth Used TV Recycling Program
North Central Texas Council of Governments
FY2008/09 SOLID WASTE MANAGEMENT GRANTS PROGRAM
REQUEST FOR BUDGET REVISION
PLEASE INCLUDE A MEMORANDUM 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 MEMORANDUM,
GRANT RECIPIENT: PROJECT NUMBER:
GRANT PERIOD:
DATE OF REQUEST:
BUDGET
CATEGORIES
APPROVED
BUDGET
EXPENDITURES
TO DATE
BUDGET
CHANGE (+ OR -)
PROPOSED
BUDGET
REVISION
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
Grant Project Number 08-04wG16 City of Fort Worth Used TV Recycling Program
RELEASE OF All CLAIMS
Example
Whereas, the North Central Texas Council of Governments (NC I kD and the (City of Fort
Worth, TX) entered into an Interlocal Agreement for Solid Waste Implementation Project #0&
04-G16, a (Source Fleduc.[ ion ar7d s�ecyclin�c Project', dated March 24, 2008 through July 31,
2009.
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 City_of_Fort Worth,TX 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, the Git�/ of r ort
VVortl7 TX 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)
Grant Project Number 08-04416 City of Fort Worth Used TV Recycling Program
VOLUME -TO -WEIGHT CONVERSION FACTORS
FOR REPORTING PURPOSES
(for programs that cannot weigh materials or determine their own factors)
In order to standardize reporting and maximize accuracy, recycling programs are encouraged to weigh their
materials or develop their own volume4o-weight conversion factors (densities). The following table is
provided to help programs without access to scales convert volumes to weights for reporting purposes.
These factors are not intended for use in determining payments for handling or sales of materials. These
factors were compiled from several sources (primarily by Resource Recycling Magazine) and do not
necessarily represent your conditions, particularly for yard trimmings. Where references listed a range of
values, a mid -range density is tabulated below.
Wherever possible, you should indicate the conversion factors that you used in reporting the quantities of
materials recovered. Volumetric equivalents are provided at the end of the table to help determine
volumes in cubic yards knowing other volumetric measures or numbers of certain containers. To report in
tons, divide weights in pounds by 2000 pounds per ton.
MATERIAL
LEVEL OF
PROCESSING
POUNDS
PER CUBIC
YARD
GLASS CONTAINERS
Whole
500
Semi -crushed
(manually broken)
1000
Crushed to less than 1-1/2"
(mechanically broken)
1800
Furnace ready, less than 1/4"
2700
METAL
Aluminum
Cans
Whole
60
Flattened
200
Baled
350
Densified
1080
Shreds
400
Steel (Tin)
Cans
Whole
150
1/3 Flattened
235
Flattened
400
Baled
850
Densified
1600
Appliances
Uncompacted
200
MATERIAL
LEVEL OF
PROCESSING
POUNDS PER
CUBIC YARD
ORGANICS
Grass
Loose, green
350
Clippings
Compacted,
650
green
Leaves
Loose, dry
150
Shredded, dry
300
Vacuumed
400
Compacted
550
Brush &
Loose
250
Branches
Chipped, 3"
600
Screen
Yard
Loose
600
Trimmings
—
Compacted
1040
Clean Wood
Chipped
500
Material
Vegetative
From the
800
Food Material
kitchen
Solid & liquid
1500
fats
Grant Project Number 08-044716 City of Fort Worth Used TV Recycling Program
MATERIAL LEVEL OF POUNDS PER
PROCESSING CUBIC YARD
PAPER
Newspaper Loose 430
Loose, stacked 600
Baled 650
Baled, 700
horizontal, single
ram
Baled, 800
horizontal,
double ram
Corrugated Loose 100
Containers
Compacted, 250
packer truck
Baled, 500
downstroke
Baled, 650
horizontal, single
ram
Baled, 750
horizontal,
double ram
Office/Comp Loose 350
uter Paper
Baled 750
Mixed Paper Loose 150
E-Waste CPUs 20 - 40 lbs, ea.
Hard Drives 1 lb. ea.
Keyboards 2 lbs, ea.
Laptops 5 — 12 lbs. ea.
Monitors 15 — 35 lbs. ea.
Printers 35 — 100 lbs. ea.
Speakers 3 lbs. ea.
MATERIA LEVEL OF POUNDS PER
L PROCESSING CUBIC YARD
PLASTIC
PET Soft Whole 34
Drink
Bottles Flattened 75
Baled 400
Baled and 650
perforated
Granulated 550
HDPE Whole 30
Milk or
Water Flattened 65
Bottles
HDPE Whole 45
Colored
Bottles Flattened 90
HDPE Baled 400
Bottles
Granulated 550
PET & Whole, loose 32
HDPE
Milk or
water
bottles
PET & Whole, loose 38
HDPE
Colored
Bottles
Plastic Baled 850
Film
TEXTILES
Loose 240
Baled 480
Grant Project Number 08-04wG16 City of Fort Worth Used TV Recycling Program
OTHER CONVERSION FACTORS:
1 Pallet = 30 to 100 pounds each, averaging 40 pounds each
1 Passenger Tire = 20 pounds each (19.8 pounds by statute)
1 Truck Tire = 60 to 90 pounds each
VOLUMETRIC EQUIVALENTS
27 cubic feet = 1 cubic yard
46656 cubic inches = 1 cubic yard
One Gaylord box (40x48x36) = 1.48 cubic yards
One 55-gallon barrel = 0.27 cubic yard
To get volume in cubic yards:
Divide the number of cubic feet by 27
Divide the number of cubic inches by 46656
Multiply number of Gaylord boxes by 1.48
Multiply number of 55-gallon barrels by 0.27
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/8/2008 - Ord. No. 17942-01-2008
DATE: Tuesday, January 08, 2008
LOG NAME: 52NTCOGGRANTS08
REFERENCE NO.: **C-22607
SUBJECT:
Authorize Grant Applications to and Execute Grant Contracts with North Central Texas Council of
Governments for Environmental Projects, Authorize Use of Various Funds for In -Kind Matches and
Adopt Appropriation Ordinance
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 for the purpose of funding certain programs and projects;
A. Environmental Management Department (DEM) will be applying for grants for the funding of these
projects:
1. "Recycling Block Parties/Trash Trail Field Trips" - $30,325;
2. "City Recycling Coordinator" - $481884;
3. "Used TV Recycling" - $25,000;
4. "Household Hazardous Waste Disposal And Computer Tablet Grant" - $112,000;
B. Code Compliance Department will be applying for a grant to fund the "Adopt -A -Street Program" -
$11,400;
2. Authorize the City Manager to accept and execute the NCTCOG grant contracts, if awarded;
3. Authorize the use of $52,652 from the Solid Waste Enterprise Fund (PE64), $12,000 from the
Environmental Management Fund (R103) and $6,170 from the General Fund as in -kind matching funds for
these grants; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations up to
$298,431 in the Grants Fund upon receipt of the grants.
DISCUSSION:
The Environmental Management and Code Compliance Departments are applying for the following grants:
"Recycling Block Parties/Trash Trail Field Trials"
In an effort to reduce the amount of recycling contamination, the city will host recycling block parties in each
Council District focusing on neighborhoods with high rates of rejected loads. After block parties, residents
will be invited on a field trip to learn where their trash ends up and how recyclables are processed. The
Logname: 52NTCOGGRANTS08 Page 1 of 3
3R76
451409
052203243000
$48,884,00
GR76
5(VARIOUS) 052203243010
$48,884.00
3R76
522100
052203243020
$4,000,00
3R76
451409
052203244000
$25 000,00
3R76
488339
052203244000
$25,000.00
3R76
488339
052203243000
$4,000,00
GR76 539410 052203244010 $25,000.00
GR76 522100 052203244020 $251000400
GR76 451409 052203245000 $112,000400
GR76 488339 052203245010 $121000400
GR76 5(VARIOUS) 052203245010 $112,000,00
GR76 517040 052203245020 $12,000,00
3R76 451409 023203246000 $11,400.00
3R76 488339 023203246000 $6 170.00
3R76 5(VARIOUS) 023203246010 $11,400600
3R76 517040 023203246020 $6,170000
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Libby Watson (6183)
Brian Boerner (6647)
Kim Mote (5153)
Logname: 52NTCOGGRANTS08
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