HomeMy WebLinkAboutContract 591200The Recycling CSC No. 59120
zo F Street, 7th Floor
Partnership Washington, DC20001
SOLVING FOR CIRCULARITY RECYCLING PARTNERSHIP.ORG
RECYCLING PARTNERSHIP GRANT AGREEMENT
This Grant Agreement is hereby made and entered into on the last date of execution below
("Effective Date"), by and between The Recycling Partnership, Inc. ("The Partnership") and the City of
Fort Worth, Texas ("Grantee"), which are referred to collectively herein as the "Parties" and individually
as a "Party."
1. Grant Agreement Documents; Entire Agreement: This Grant Agreement consists of this
document and its attachments: Terms and Conditions (Attachment A), and Workplan (Attachment B).
This Grant Agreement comprises the entire agreement between the Parties and supersedes any and all
previous and contemporaneous agreements and representations, whether oral or written.
2. Term: The Grant Agreement shall be effective during the Grant Period, which begins on the
Effective Date and ends on September 1, 2023 unless the Parties agree to amend the Grant Agreement as
provided in Paragraph 8.
3. Grantee's Duties: Subject to Paragraph 10 hereof, the Grantee shall take reasonable and
appropriate steps to substantially complete the Workplan as set out in Attachment B and under the
conditions set forth in Attachment A.
4. Duties of Partnership and Grantee: The Partnership shall make cash grants to the Grantee in an
amount not to exceed FOUR HUNDRED THOUSAND DOLLARS ($400,000) to support the
improvement of recycling program materials quality, resident engagement, and materials recovery from
Grantee's residential curbside recycling program ("Cash Grants"). The details of the Cash Grants and the
anticipated costs and expenditures associated with this grant project are detailed in the Section f, Project
Budget and Grant Funding, of Attachment B.
In addition to the Cash Grants, during the Grant Period The Partnership shall also provide the
Grantee with access to resources, Partnership staff time, and other in -kind services with an estimated value
of TWO HUNDRED FORTY-FIVE THOUSAND DOLLARS ($245,000). The purpose of these in -kind
services is to support the Grantee's public recycling program through the provision of technical support
for strategic planning, program assessment, measurement activities, program implementation, and
recycling education and outreach including graphic design and recycling program outreach collateral
development. The amounts set forth below represent The Partnership's intended distribution of in -kind
resources to the Grantee.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
RECYCLING PARTNERSHIP.0RG
Description of In -Kind Resources from The Recycling Partnership
Projected Value
Partnership -funded consultants to conduct capture rate, contamination rate, participation
and/or other measurement activities or studies to assess the impact, performance, and
opportunities associated with Grantee's curbside recycling program.
Up to $120,000
Access to Partnership educational campaign materials
Up to $100,000
Dedicated technical assistance and outreach campaign design support from Partnership staff
Up to $25,000
Total projected value of in -kind assistance and support
Up to $245,000
In exchange for the Cash Grants and in -kind resources from The Partnership, the Grantee will
commit staff time and resources for the planning and implementation of the project that is the subject of
this Grant Agreement, in the Workplan as set out in Attachment B, and under the conditions set forth in
Attachment A.
/
Subject to Paragraph 10 hereof, the Grantee will take reasonable and appropriate steps to
substantially complete the Workplan in accordance with the Anticipated Implementation Timeline
described in the Workplan.
5. Distribution Provisions: The Partnership shall distribute Cash Grant funds to the Grantee to
support actual allowable expenditures the Grantee has made or otherwise will incur during the Grant
Period (collectively, "Allowable Expenditures" and in 'vidually, an "Allowable Expenditure"). An
Allowable Expenditure is one associated with work performed or goods or services acquired to complete
the Workplan as set out in Attachment B as determined by The Partnership in its sole and absolute
discretion. As provided in Section s of Attachment A, The Partnership may also make payments of Cash
Grants to the vendors hired to perform the inspections, measurement activities, and to provide the
technology used for the Feet On The Street ("FOTS") Cart Inspection Program (as defined in Section a of
Attachment B). Grant funds others khan those paid to vendors as described above, excluding the final
payment of grant funds, shall be distributed to reimburse Grantee for Allowable Expenditures, and The
Partnership shall make such, distributions to the Grantee within thirty (30) days of receiving from the
Grantee invoices prepare as described in Paragraph 6 hereof documenting Allowable Expenditures.
Unless otherwise determined by The Partnership in its sole and absolute discretion, the total Cash Grants
from The Partners ip will not exceed ninety percent (90%) of reimbursable costs until the submittal of a
final project re ort; the remaining ten percent (10%) of reimbursable expenses shall be paid upon final
report submittal. As provided for in Section r, Reimbursement, of Attachment A, when distributing Cash
Grants directly to vendors on behalf of the Grantee, The Partnership may, in its sole and absolute
discretion, waive the withholding of ten percent (10%) of Cash Grants until final report submittal. Cash
Grants may be distributed to the Grantee by check or direct deposit, as the Grantee and The Partnership
shall agree prior to the distribution of a Cash Grant.
6. Invoices: As described in Section r, Reimbursement, of Attachment A, the Grantee shall submit
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RECYCLING PARTNERSHIP.0RG
reimbursement requests to The Partnership in the form of an invoice using a template provided by The
Partnership. Except for invoices related to the vendors hired by The Partnership on behalf of the Grantee
to perform inspections, measurement activities and technology supporting the FOTS Cart Inspection
Program, all invoices submitted to The Partnership by the Grantee shall be accompanied by reasonable
and appropriate evidence for The Partnership to determine the actual amounts paid by the Grantee for
work and services associated with each Allowable Expenditure, and documentation that provides evidence
of payment by the Grantee for each Allowable Expenditure submitted. In addition to supporting
documentation, the Grantee shall provide a summary of the expenses paid by the Grantee in a table or
spreadsheet outlining the expense, vendor, and the purpose of the expense. Upon presentation of herein
described invoices and documentation, the Grantee will then be eligible for reimbursement of up to ninety
percent (90%) of the amount of grant funds to be provided by The Partnership for Alfo'wable Expenditures
and with the final ten percent (10%) becoming available as detailed in Paragraph 5 above. The Grantee's
final invoices must be received by The Partnership with the Grantee's Final Report, as described in the
Reporting and Additional Post Award Requirements Section q of Attachment A.
7. Grant Contacts: Contacts for purposes of this Grant Agreement are set forth below.
Primary Partnership Contact:
Secondary Partnership Contact:
Grantee Contact and Authorized
Person:
Cody Marshall, Chief Community
Michelle Metzler, Director of
Christian Harper
Strategy Officer
Community Programs
Contract Services Administrator — Solid
Telephone: (919) 612- 7127
Telephone: (360) �05-2218
Waste Services
Email:
Email:
Code Compliance Department
carshall@recyclingpartnership.org
mmetzler@recyclingpartnership.org
Telephone:817-392-2488
Email:
christian.harper@fortworthtexas.gov
Authorized Person:
Valerie Washington
Assistant City Manager
Telephone: (817) 392-6192
Email:
Valerie.Washington@fortworthtexas.gov
8. Changes, Amendments and COVID-19 Matters: This Grant Agreement may be amended in a
writing signed by the Parties. Notwithstanding the foregoing, the amount of the Cash Grants may be
increased or decreased in a writing signed by an authorized person of the Grantee and The Partnership.
Authorized person for the Grantee is Valerie Washington, Assistant City Manager.
As of the Effective Date, each Party intends to undertake all activities detailed in the Grant
Agreement. The Parties, however, recognize the uncertainties caused by the COVID-19 pandemic and
resulting public health emergency ("Health Emergency") may impact their respective performance
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RECYCLING PARTNERSHIP.0RG
hereunder. The Grantee plans to meet all Grantee funded activities in the Grant Agreement, however, the
Grantee cannot guarantee resources will be available. Similarly, The Partnership plans to meet all of its
obligations hereunder, however, The Partnership cannot guarantee that the Health Emergency will not
impact its performance hereunder. By way of illustration, but not limitation, The Partnership has adopted
various safety protocols, which are intended to ensure that services conducted by third party vendors can
be performed safely and may be more stringent than applicable local, state and/or federal rules, regulations
and/or guidelines and/or Center for Disease Control ("CDC") and/or World Health Organization
("WHO") recommendations related to the Health Emergency. Such safety protocols may require that one
or more of the activities contemplated herein be suspended and/or terminated. Moreover, one or more
third -party vendors may be unable to provide services as contemplated hereunder due to local, state and/or
federal social distancing rules, regulations and/or guidelines or CDC and/or WHOrecommendations, or
if operational impacts due to the Health Emergency do not make it feasible for one or more of such services
to be conducted by such vendor. Furthermore, due to safety, social distancing guidelines and / or other
operational impacts related to the Health Emergency, the Grantee cannot guarantee that all activities in
the Grant Agreement will be feasible. If either Party or a thirdxSarty vendor is unable to meet its
responsibilities under the Grant Agreement, or if operational impacts due to the Health Emergency makes
activities of a Party or a third -party vendor set out in the Gra t Agreement not feasible, such Party or The
Partnership on behalf of a third -party vendor will imme ' tely notify the other Party in writing. At such
time, either Party can terminate the Grant Agreement or the Parties can mutually agree to modify the Grant
Agreement. If the Grant Agreement is terminated by The Partnership, all reimbursable expenses incurred
by the Grantee up to the termination date and incurred in good faith to fulfill the Grantee's obligations
hereunder may be reimbursed to the Grant by The Partnership pursuant to Paragraph 5 hereof.
i
9. Signature Warranty: Eachlaf the undersigned represents and warrants that he or she is authorized
to execute this Grant Agreement.
10. Appropriations Limitation: All expenditures and other performance by the Grantee under this
Grant Agreement are subject to appropriations by the City Council of the Grantee. Consequently, this
Grant Agreement shall bind the Grantee only to the extent the Grantee appropriates sufficient funds for
the Grantee to perform its obligations hereunder.
11. Confidential Information: The Grantee is a government entity under the laws of the State of
Texas and all documents held or maintained by the Grantee are subject to disclosure under the Texas
Public Information Act. To the extent this Grant Agreement requires that the Grantee maintain records in
violation of the Act, the Grantee hereby objects to such provisions and such provisions are hereby deleted
from this Grant Agreement and shall have no force or effect. In the event there is a request for information
marked Confidential or Proprietary, the Grantee shall promptly notify The Partnership. It will be the
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RECYCLING PARTNERSHIP.0RG
responsibility of The Partnership to submit reasons objecting to disclosure. A determination on whether
such reasons are sufficient will not be decided by the Grantee, but by the Office of the Attorney General
of the State of Texas or by a court of competent jurisdiction.
12. Sovereign Immunity: Nothing herein constitutes a waiver of the Grantee's sovereign immunity.
To the extent this Grant Agreement requires the Grantee to waive its rights or immunities as a government
entity; such provisions are hereby deleted and shall have no force or effect.
13. Limitation of Liability and Indemnity: To the extent this Grant Agreement, in any way, limits
the liability of The Partnership or requires the Grantee to indemnify or hold The Partnership or any third
party harmless from damages of any kind or character, the Grantee objects to such terms and any such
terms are hereby deleted from this Grant Agreement and shall have no force or effect.
14. Law and Venue: This Grant Agreement and the rights and obligations of the Parties shall be
governed by, and construed in accordance with the laws of the Unite
>'States and State of Texas, exclusive
of conflicts of laws provisions. Venue for any suit brought under this Grant Agreement shall be in a court
of competent jurisdiction in Tarrant County, Texas. To the extent
this Grant Agreement is required to be
governed by any state law other than Texas or venue in T ant County, the Grantee objects to such terms
and any such terms are hereby deleted from this Grant the
and shall have no force or effect.
[The balance of this page is intentionally left blank.]
RECYCLING PARTNERSHIP.0RG
The Parties have executed this Grant Agreement as of the date last below written.
The Recycling Partnership, Inc.
Rob Taylor, Vice President of Grants and Community Development
DATE: M a r 28, 2023
GRANTEE:
City of Fort Worth
By Valerie Washington Mar 28, 2023 10:19 CDT)
Name: Valerie Washington
Title: Assistant City Manager
Date: M a r 28, 2023
Approval Recommended:
By: 4
Name: Ben Carson
Title: Sr Administrative Services Manager Code
Compliance /
Tim Keezell
By: Jim Keezell(Mar 28,202308:03 CDT)
Name: James Keezell
Title: Assistant Director So id Waste
Attest:
By:
Name: Jannette S. Goodall
Title: City Secretary
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, incgkuding ensuring all performance
and reporting requirements.
�CHU..'H�.rer(M.r2.,2
23.1,*CDT)
Y�
Name:
Title:
Christian Harper
Contract Services Administrator
Approved as to Form and Legality:
By: IY
Name: Christopher Austria
Title: Assistant City Attorney
Contract Authorization:
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o FORr4� M&C: 23-0148
a so° 100. 1295: N/A
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
RECYCLING PARTNERSHIP.0RG
Attachment A: Terms and Conditions
a. Termination: Either Party may terminate the Grant Agreement in writing with thirty (30) days'
notice to the other Party. If the Grantee fails to substantially fulfill its obligations under this Grant
Agreement in a timely and proper manner, The Partnership may provide written notice to the Grantee of
its intent to terminate the Grant Agreement. Such notice shall specify the reasons for termination and allow
the Grantee thirty (30) days to mitigate any specified reasons. If the Grantee fails to cure, as determined
by The Partnership in its sole discretion, The Partnership may terminate this Grant Agreement by giving
written notice to the Grantee of such termination and the effective date of such termination. In such event,
the Grantee may receive Cash Grants equal to the total amount of actual Allowable Expenditures paid or
entered into in good faith and subject to the other terms and conditions of this GranAgreement that were
incurred by the Grantee prior to receipt of a notice of termination from The Partnership and submitted for
reimbursement within thirty (30) days of such receipt date in accordance with Paragraphs 5 and 6 of this
Grant Agreement.
b. Notices: All notices required by the terms of this Grant Agreement to be sent to The Partnership
must be delivered by email with a read receipt requested to cmarshall@recyclingpartnership.org with a
copy to mmetzler@recyclingpartnership.org.
All notices required by the terms of this Grant Agreement to be sent to the Grantee must be
delivered by email with a read receipt requested to the following three (3) people: Grantee's Project
Manager, Christian Harper, at christian.harper@fortworthtexas.gov, Assistant City Attorney,
Christopher Austria, at Christopher.austria@fortworthtexas.gov, and Assistant City Manager, Valerie
Washington, at Valerie.Washington( fortworthtexas.gov as well as United States mail, postage paid, to
the address noted below:
Grantee Project Manager
Solid Waste Services Division
Department of Code Compliance
City of Fort Wort
4100 Columbus 4rail
Fort Worth, Texas 76133
C. Recycled Paper: The Partnership encourages the Grantee, if cost effective, to have all publications
produced as a result of this Grant Agreement be printed double -sided on recycled -content paper with
minimal thirty percent (30%) post -consumer recycled content.
d. Lobbying: The Grantee shall not use or appropriate any Cash Grant to carry on propaganda or
otherwise attempt to influence legislation.
RECYCLING PARTNERSHIP.0RG
e. Compliance with Workplan: The Grantee shall substantially adhere to the timeline and
objectives detailed in the Workplan as set out in Attachment B and strive to make sufficient progress
toward fulfilling such timeline and objectives.
f. Extensions: The Partnership may grant extensions of time for the Grantee to perform its
obligations hereunder, but such extensions are not guaranteed. If the Grantee desires an extension, the
Grantee shall submit a written request to the Chief Community Strategy Officer of The Partnership at least
sixty (60) days prior to the end of the Grant Period.
g. Retroactive Costs: Costs incurred before the Grant Period are not eligib for reimbursement
unless approved in writing by the Chief Community Strategy Officer of The Partnership.
h. Travel Expenses: Cash Grants from The Partnership may not be used for travel expenses without
prior written approval from the Chief Community Strategy Officer of The Partnership.
i. Technical Assistance: The Grantee agrees to work with The Partnership during the design,
implementation and monitoring of the program improvements, both educational and operational, during
the Grant Period.
j. Material Collection and Management of Recyclable Materials: The Grantee shall provide a
listing of the materials currently accepted for recycling. After a review by The Partnership of recycling
materials already accepted by the Granted the Grantee shall work with its Materials Recovery Facility
("MRF"), hauler (if applicable) and The partnership and/or a contractor hired at The Partnership's expense
to evaluate the current mix of recycling materials collected residentially and consider the inclusion of
other recyclable materials as appropriate in curbside collection.
The Parties agree that recyclable materials meeting reasonable contamination standards
established by the Grantee and Grantee's MRF operator that are collected for recycling by the program
benefitted by Cash Grants made pursuant to this Grant Agreement will be delivered to a reputable
processor for recycling and recovery. The Grantee shall work in good faith with The Partnership to address
any issues related to the recycling and/or recovery of such materials with the goal that properly prepared
recyclable materials collected by the Grantee's program will be managed responsibly.
k. Educational Best Practices: The Partnership utilizes a behavior change approach to recycling
education and outreach. Our best practices consist of a direct mailer to all residents with information about
acceptable materials and informational cart tags that address recycling contamination, while providing
direct feedback to residents. At a minimum, The Partnership requires that grant funds allocated for
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RECYCLING PARTNERSHIP.0RG
education and outreach be used toward the procurement of direct -to -resident communications. The
Partnership further requires that Grantee cooperate with The Partnership in support of the design and
implementation of the education and outreach campaign. Finally, the Partnership requires that the Grantee
update its websites with updated messaging and information about the public recycling services in its
jurisdiction based on recent work with The Partnership to include at a minimum a listing of acceptable
materials, how to gain additional information about recycling collection schedule, requirements about
recycling containers, and how residents may obtain Grantee -issued recycling containers.
1. Publicity and Press Events: The Grantee may make information regarding this Grant Agreement
and the associated grant project public at any time after this Grant Agreement has been fully executed and
in a manner which it deems appropriate. This requirement is not intended to limit of otherwise restrict the
Grantee's public information obligations or requirements and is instead intended to allow the Parties to
coordinate around public announcements. The Grantee agrees to cooperate with reasonable efforts by The
Partnership to publicize the grant, including, but not limited to, designating a suitable representative to
appear on behalf of the Grantee at publicity events, providing relevaryYand pertinent information to include
in press releases and distributions, and responding as appropriate to relevant and pertinent press inquiries.
The Partnership agrees to give reasonable notice to the Gr ntee's Grant Contacts regarding any such
publicity / press events,
M. Graphic Design Edits: The Partnership will work with the Grantee to customize educational
materials to fit the needs of the Grantee's campaign in accordance with the timeline established by the
Parties. The Grantee must give at least five (5) days' notice for any edits or changes to educational
materials that are to be conducted by The Partnership. If the Grantee uses a third -party service provider
for the design of education and ol�Eeach materials, The Partnership will cooperate with the third -party
service provider by providing access to Partnership tools, artwork and images for use by such third -party
provider. The Partnership w I not, however, provide customized design services to such a third -party
service provider. The Partnership will work with the Grantee on campaign materials and will provide two
(2) rounds of edits to the graphic design of these materials. Additional rounds of editing on graphic design
materials may be/rovided by mutual agreement between the Parties. The project timeline maybe delayed
if there are approval delays during the two rounds of edits. This may result in the extension of the deadline
of project completion. It is a best practice to have one Grantee staff member serve as the point of contact
for the Grantee and collect all approvals and edits to educational materials to give back to The Partnership
for graphic design completion. Print buying and approvals are the sole responsibility of the Grantee.
n. Logo Usage: The Grantee shall use The Partnership logo with the phrase "Funded in part by" on
all education materials associated with the project that is the subject of this Grant Agreement unless
otherwise agreed by the Parties or prohibited by law. When a Partnership project is funded by one or more
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RECYCLING PARTNERSHIP.0RG
other fenders, then, in addition to The Partnership logo, such funders may also need to be acknowledged
by the Grantee in communications materials with the "Funded in part by" language, and the use of one or
more funder logos may be requested, with the final acknowledgment to be developed by mutual agreement
between the Parties. Prior to finalization, The Partnership requires proof review of any campaign materials
developed by the Grantee or a third party that uses campaign images, graphics or logos of The Partnership
and any other funders. Upon presentation of materials for review, The Partnership agrees to review proofs
and provide feedback within five (5) business days, or it shall lose the right to require the use of The
Partnership logo, and the logos of any additional fenders and associated use of the "Funded in part by"
phrasing. The Partnership understands that under no circumstances may the Grantee appear to be
endorsing or advertising on behalf of a private business.
o. Compliance with Patent, Trademark and Copyright Laws: The Parties agree that all work
performed under this Grant Agreement, shall comply with all applicable patent, trademark and copyright
laws, rules, regulations and codes. The Parties further agree that neither will use any protected patent,
trademark or copyright in performance of their respective work.,xnless a Party has obtained proper
permission and all releases and other necessary documents. The Partnership understands and agrees that
the Grantee is a government entity and is prohibited by law from indemnifying The Partnership.
Electronic Signatures and Electronic Records'The Partnership P. g p consents to the use of electronic
signatures by the Grantee. The Grant Agreement, and any other documents requiring a signature under
the Grant Agreement, may be signed electronically by the Grantee in the manner specified by the Grantee.
The Parties agree not to deny the legal effect or enforceability of the Grant Agreement solely because it
is in electronic form or because an electronic record was used in its formation. The Parties agree not to
object to the admissibility of the Grant Agreement in the form of an electronic record, or a paper copy of
an electronic document, or a paper,15opy of a document bearing an electronic signature, on the ground that
it is an electronic record or electronic signature or that it is not in its original form or is not an original.
Reporting and Add ditional Post -Award Requirements: The Grantee shall comply with
9 P g q PY
reporting requirements, including:
The Grantee,sl'iall provide The Partnership, within fifteen (15) days of the Effective Date, a notice as
set out in Section b hereof with the Grantee's employer identification number, as that term is defined
in Treasury Regulations section 301.7701-12, and was assigned to the Grantee by the Internal Revenue
Service pursuant to (i) Code Section 6011(b), (ii) corresponding provisions of prior law, or (iii) Code
Section 6109, and which consists of nine digits separated by a hyphen in the following format: 00-
0000000.
• In order to establish a baseline for measurement of project success, the Grantee shall provide The
Partnership with monthly waste and recycling tonnage data for at least the twelve (12) month period
immediately before the project that is the subject of this Grant Agreement is initiated. If such data is
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RECYCLING PARTNERSHIP.0RG
not available, then Grantee agrees to work with The Partnership to help develop estimates for waste
and recycling tonnage data for the baseline period.
• The Grantee shall deliver to The Partnership monthly waste and recycling data reports on a quarterly
basis for the later of (i) through the end of the Grant Period as defined in Paragraph 2 of this Grant
Agreement and (ii) one (1) calendar year beyond the date of the implementation of the project that is
the subject of this Grant Agreement. Such reports shall be submitted electronically to The Partnership
via a reporting system and format established by The Partnership.
• The Grantee shall establish an account with the Municipal Measurement Program ("MMP") system
for annual reporting. Reporting in the MMP system is free and involves entering annual tonnage data
and answering questions about waste and recycling programs and services through a web -based
analytical tool. The Grantee, upon execution of this Grant Agreement, shall sub waste and recycling
data about its most recently completed annual period into the MMP system, and to aid in the tracking
of the long-term impacts of the work conducted, the Grantee commits to reporting annually in the
MMP system for five (5) years following the term of this Grant Agreement.
• The Grantee shall submit to The Partnership for review a draft Final Report at least thirty (30) days
prior to the end of the Grant Period. The Partnership will provide the required format for the Final
Report and will provide feedback to the Grantee about the draft Final Report, including necessary
changes and points of clarification, within fourteen (1 days of receipt of the draft Final Report, and
a fully reviewed and finalized Final Report is required to be submitted within sixty (60) days of the
end of the Grant Period.
Such additional reporting requirements as may be included in the Workplan set out in Attachment
B.
i
r. Reimbursement: Other than grant funds paid directly to vendors hired by The Partnership on
behalf of the Grantee as provided or in Section s of Attachment A, as stipulated in Paragraph 5 of the
Grant Agreement, grant Zgff�rant
will be distributed by The Partnership on a reimbursement basis. When
seeking reimbursement related expenditures, the Grantee must utilize the format provided by
The Partnership. When submitting reimbursement requests, the Grantee must include a copy of any
invoices or receipts for which the Grantee seeks reimbursement from The Partnership. All invoices should
be accompanied by associated proof that the Grantee made payment for the invoices in question.
Acceptable proof of payment can include copies of canceled checks or Grantee finance system reports
showing that the payment has been made.
The Partnership shall reimburse the Grantee for actual Allowable Expenditures with The Partnership
retaining a minimum of ten percent (10%) of the grant funds until all grant related activities are completed,
and all reports are received and accepted. The remaining ten percent (10%) of reimbursable expenses shall
be paid upon completion of a satisfactory Final Report as described above in Section q, Reporting and
Additional Post -Award Requirements. In its sole and absolute discretion, when paying vendors directly
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on behalf of the Grantee, The Partnership may distribute up to one hundred percent (100%) of Cash Grants
without withholding the ten percent (10%) of Cash Grants that would otherwise be held until the
completion of a satisfactory Final Report. The Partnership may withhold payment of Cash Grants if
Grantee does not meet its reporting obligations as set out in Section q, Reporting and Additional Post -
Award Requirements above.
S. Vendors Hired on Behalf of Grantee: The Partnership may, in its sole discretion, hire vendors
on behalf of the Grantee for the purpose of performing activities in support of the project described in
Attachment B, Workplan. Such vendors shall be hired on behalf of the Grantee to provide various services
including but not limited to cart inspections, cart tagging, measurement activities and technology
supporting the FOTS Inspection Program. No vendor hired on behalf of the Grantedmay be an employee
of the Grantee or an entity controlled by an employee of the Grantee or members of his or her family.
Furthermore, it is expressly understood and agreed that any vendor hired on behalf of the Grantee under
this section shall be considered and operate as an independent contractor and not as an agent,
representative, or employee of the Grantee. Any vendor hired onZehalf of the Grantee will have the
exclusive right to control the details of its operations and activities and will be solely responsible for the
acts and omissions of its officers, agents, servants, employees and subcontractors. It is further understood
that the Grantee will in no way be considered a Co-emplo er or Joint employer of vendor or any officers,
agents, servants, employees, contractors, or subcontractors of vendor. No vendor, officers, agents,
servants, employees, contractors, or subcontractors of any vendor hired under this section will be entitled
to any employment benefits from the Grantee. The Partnership shall notify the Grantee in writing of its
intent to hire vendors and shall include the/Grantee in the process to integrate the services to be provided
by such vendors into the Workplan as outlined in Attachment B. Such vendors shall (i) provide evidence
of commercially reasonable insura�pe for the services provided and (ii) indemnify and hold harmless The
Partnership and the Grantee for third party and other claims related to the services provided, each under
such terms and conditions as etermined by The Partnership in its sole discretion.
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Attachment B: Workplan
a. Background: The Grantee operates a public residential curbside recycling program with
collection services provided by WM, a Grantee -selected and hired collection contractor. The Grantee's
curbside recycling program provides weekly curbside cart -collection of recyclables using 64-gallon and
96-gallon wheeled carts to approximately 250,000 residential units. Materials collected by this program
are currently delivered to the Republic Services -operated MRF in Fort Worth, Texas. Grantee staff
estimate that the curbside recycling program serving the Grantee's residents collects approximately 65,000
tons of recyclables annually.
The Grantee has on -going operational and educational programs in place to"'increase the amount
of material that is recycled and to reduce contamination in its curbside recycling program. The Grantee's
operational programs include a team of six (6) code compliance staff, called the Blue Crew, who audit
residential recycling carts to look for contamination. As part of this program, contamination is removed
from the carts, bagged and tagged with a violation that costs the resent $10 per bag. Residents found to
be producing contamination are also given educational materials at that time and sent a letter with
additional educational material so they can be better recyclers in the future.
The Partnership is a national non-profit that is private dollars to work helping communities
invest in recycling systems and empowering residents to take sustainable action. The Partnership provides
grants and technical support to local governments to enhance their recycling programs. The Partnership
has successfully implemented FOTS cart inspection programs in several communities, averaging a thirty-
seven percent (37%) decrease of the wrong items in the recycling and twenty-seven percent (27%) increase
in overall capture of quality recycl�bles. The FOTS program is a curbside recycling operational and
outreach effort that includes, but is not limited to, conducting coordinated multi -collection cycle field
inspection of materials in rr ycling carts that have been set out for recycling collection, assessing
recyclables for contaminants (non -target materials), identifying top contaminants, and providing direct
feedback to residents with contaminated materials that includes a cart tag and/or additional recycling
outreach materials. FOTS also involves tracking inspection frequency and evaluating the impact that
inspections and /eart tagging have on the quality of materials delivered to MRF for processing.
The Partnerships and the Grantee collaborated on an earlier recycling outreach effort launched in
the region in 2020 that was coordinated by the North Central Texas Council of Government ("NCTCOG").
These efforts included an extension of the previously designed Know What to Throw ("KWTT")
campaign and included social and mass media communication outlets.
b. Project Description: The Partnership and the Grantee will collaborate to implement the FOTS
cart inspection program in a section of the Grantee's jurisdiction. The area targeted will include
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RECYCLING PARTNERSHIP.0RG
approximately 57,000 households. The goal of the project is to reduce contamination, raise awareness
about proper recycling procedures including targeted materials and primary contaminants, and as a result
sustain an efficient and effective public recycling program.
The Partnership will support the Grantee in its effort to reduce contamination in its curbside
recycling program by providing financial and technical assistance for the operational cart tagging program
and additional education efforts. The Grantee, with support from The Partnership, will identify the section
of its jurisdiction to be targeted and will provide route and address lists for the areas where FOTS program
implementation will occur. As part of the FOTS effort, and as provided for in Section s of Attachment
A, The Partnership will secure an outside vendor to conduct field inspections and provide the technology
platform that will be used by field inspection staff to track field inspections da�a. The Grantee will
supplement inspection efforts in the target area with the Blue Crew staff. It is anticipated the project will
be flexible and iterative, with the intention of measuring project performance and adjusting the detailed
workplan as needed and agreed by the Parties.
C. Measurement Plan: The Parties will implement a system Or tracking the frequency of tagging,
type of contamination and cart setout. The Partnership will provide FOTS crews with access to a smart -
phone based technology platform that can be used to tra k and report on inspections activity. The
Partnership will also secure a consultant to perform befo and after analysis of solid waste and recycling
collected by the Grantee's program, with particular attention on materials generated by residents in the
area targeted by the FOTS effort and assessing the effectiveness of the effort. The Grantee and the
Grantee's MRF will provide tonnage and contamination data from residents of the Grantee and from the
FOTS target area in adherence to Section q of Attachment A.
The Grantee will implementA system for tracking monthly tonnage data for municipal solid waste
and curbside recyclables for its overall programs. In addition, the Grantee, will measure and track tonnage
collected by the recycling rotes serving the area of the community targeted by the FOTS effort. Required
reports transmitting the number of households receiving curbside recycling services, monthly tonnage
data and other project elements will be provided to The Partnership as outlined in Section q, Reporting
and Additional Pt -Award Requirements, of Attachment A. os
To the degree possible, the Grantee will also work with The Partnership, the Grantee's MRF
operator and any vendors, or outside parties hired to conduct measurement activities as allowed under
Section s of Attachment A, to evaluate contamination and participation rates of recovered materials, as
resources allow. The Partnership will also contract with a consultant to measure contamination in the
recycling stream and the capture rate of recyclables both before and after the FOTS effort.
d. Public Outreach Plan: The Grantee will work closely with The Partnership to develop and
implement an effective education and outreach campaign in support of the Grantee's curbside recycling
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RECYCLING PARTNERSHIP.0RG
program utilizing the approach outlined in Section k, Educational Best Practices, of Attachment A.
Technical support will be provided by The Partnership as set out in this Grant Agreement. The Grantee
will partner closely with The Partnership to maximize the educational efforts and materials developed
during this campaign.
This educational effort will focus on educating residents to improve the quality of the recycling
stream by conducting a broader education campaign targeting all of the households that participate in the
Grantee's curbside recycling collection program (approximately 250,000 households), along with
concentrated tagging efforts that address contamination. Households on targeted recycling routes will also
be sent a "Top Issue" mailer focusing on changing behavior on the most prominent contamination
challenges discovered during the inspection and tagging effort.
It is recommended that project materials, including cart tags and info cards, developed as part of
the project match the NCTCOG KWTT campaign design and are approved by The Partnership. Some of
the grant funds outlined for communications to the Grantee can be used to purchase additional media buys
that target residents of the Grantee. In such case, the Grantee willye responsible for making the media
buys and boosting the content. The Parties will collaborate on these efforts, and The Partnership will help
format/design the message in collaboration with the Grant
e. Anticipated Implementation Timeline: The Parties agree to develop and maintain a detailed
Project Timeline providing milestones in the implementation of the project. The anticipated key dates in
the project are outlined in the table below:
DATE
ITEM
December 2022
Grant Agreement finalized and executed
Project planning begins
Co nication collateral developed
February 2023
FOTS Inspection Teams secured and trained
,Measurement tracking system tested
Communication collateral printed and mailed
March - June 2023
FOTS Teams deployed in field
July 2023
Measurement activities undertaken to assess impact of FOTS Campaign (waste
characterization/capture study)
September 2023
Project Complete
The Parties acknowledge the difficulty of predicting the exact dates for implementation of the
various elements of this project. The above dates are intended as milestones, and with the understanding
that if unanticipated changes or delays in the above schedule occur, then the Parties agree to revisit the
timeline and adjust as necessary to pursue the successful implementation of the project as described in
this Workplan (Attachment B). In addition, and as necessary, the Parties may modify the Grant Period as
set out in Paragraph 2 of this Grant Agreement.
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RECYCLING PARTNERSHIP.0RG
f. Project Budget and Grant Funding: The amounts set forth in the table below represent The
Partnership's intended distribution of Cash Grants to the Grantee:
Grant Element Description
Grant Amount
Grant funding paid directly to vendors by The Partnership in support of FOTS inspections campaign
$240,000
cart inspections and technology to support FOTS efforts
-including
Grant funding to reimburse Grantee for implementation of a recycling education and outreach
$160,000
campaign in support of curbside recycling and the FOTS effort.
Total
1 $400,000
The Parties agree to work collaboratively to develop and maintain a detailed project budget that
outlines individual expense items under the broad expense categories outlined in tjle table above. The
Partnership shall provide the Grantee with information validating expenditure of Cash Grants paid directly
to vendors by The Partnership. All costs associated with project implementation beyond the direct grant
funding from The Partnership will be the responsibility of the Grantee. It is understood that actual
expenses may vary depending on a variety of factors, such as local markets costs, labor rates, FOTS
operational needs and measurement activities. As agreed by the Parties, the final allocation of Cash Grants
may be adjusted between expense categories as necessary. The actual amount of Cash Grants paid directly
to the Grantee will be based on actual reimbursable expendit es as outlined in Section r, Reimbursement,
of Attachment A, and the total amount of Cash Grants por on behalf of the Grantee shall not exceed
the amount specified in Paragraph 4 of this Grant Agreement. Any Cash Grants to the Grantee are subject
to the requirements set out in Paragraph 10 of this Grant Agreement. The Grantee shall only invoice and
receive reimbursement for actual Allowable Expenditures incurred.
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