HomeMy WebLinkAboutContract 45785 / Grant Project Number 14-0*-Gn4 City ofFort Worth Recycling Roll Offions/eigeellya 8
ILA ��
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
|NTERLOCAL AGREEMENT FOR SOLID WASTE IMPLEMENTATION GRANT PROJECT
This |Otedoco| Agreement is entered into by and between the parties named b8|OVV. Neither the
T8X8S CO[ODliSsiOO OD EDviK}DDl8Ot@| Quality (TCEQ) nor the State of Texas is 8 party to this
Agreement.
/ �k��SECRETA��
� CITY
CONTRACT C���NT����K�TUNC� PARTIES: ~~~~^`^"��" ^~�~
The Funding Agency: North Central Texas Council of Governments
Herein referred to as '^NCTCQG"
Funds Recipient: City of Fort Worth, TX
Herein referred to as: "FUNDS RECIPIENT"
||. SERVICES TOBEPERFORMED
For the Recycling Roll Off7Bi7s/B' fJm8»s. the FUNDS RECIPIENT shall complete all work as
specified or indicated in "Adt@chDleOtA -VVOFh Program and Schedule Of Deliverables" of FUNDS
RECIPIENT.
|||. FUNDING AMOUNT
The funding amount under this |nter|oca/ Agreement is not to exceed: $96`725 (Ninety six
thousand seven hundred twenty five dollars). The budget details are in Attachment C.
IV. TERM OF CONTRACT
This |nter|ooa| Agreement is effective July 3' 2014 and shall terminate June 30. 2015. This
|Oter|oc3| AQ[88[O8Ot Sh8|| immediately terminate 8t the end Of any state fiscal year for which the
Texas Legislature fails to appropriate funds necessary to perform this agreement.
This |nter|ocg| Agreement must be signed and executed forty-five (45) days from the effective
date stated above.
In the event funding is not Gv@i|8b|e. the parties further agree that NCTC{}G has no further
obligation to pay and FUNDS RECIPIENT has no further duty t0 perform under terms of this
Agreement.
V. ADDITIONAL CONTRACT PROVISIONS
Gee Attachment B - 8Ch8dU|e for Reimbursement and RepOrtiOg, Attachment D ' Special
/
Provisions, and Attachment E - General Provisions.
/
V1. ENTIRE CONTRACT/ This |OtMdoca| Aonearnent, including all /\ttachnOentG, represents the
entire COOt[8[t between the contracting parties. Any changes O[ modifications tOthis !OtedVCa|
Agreement must be in writing. Funds for this SUbCOOt[8Ct are CU[PeOdy Gv8i|8b|8 from the Texas '
C-,) Solid Waste D/SpnS8| and TG]DSpOrt8tiOD Revenue Fee, as proscribed in Texas Health and Safety
M
_- Code Chapter 381.014. [}Ue to deDl3DdS UpOD the source for funds necessary to protect the
~�
M health and safety of the public, it is possible that the funds :OOt8iD8d in the KAUDiCip8/ Solid Waste
[}iep0Sa| ACC0uDt. as proscribed in Texas Health and Safety Code Chapter 361.014(d)' will be
�-
depleted or reduced prior to CODlp|efioO of this |OtedOCo|AoFe8DleDt. The parties agree that all
r-
funding 8[[8OQed under this |ntadOC8| Agreement is 8Ubie[tto suffiCient fuDdS in �h� Municipal^�^
Solid Waste Disposal ACC0UOt. '
NCTC{}G has certified, and the FUNDS RECIPIENT c8rlifieS that each has the authority t0 perform
the services CODt[@C[ed for by authority granted in the "Regional P/8DDiOg Act Of 1965." Texas
LOC@| Government Code, Chapter 391 and "The /Dte[|0Ca1 {}O0pe[@[ioO Act," Texas G
COde, Chapter 791.
OFFICIAL RECORD,
Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
COUNCIL OF GOVERNMENTS PROJECT FUNDS RECIPIENT
North Central Texas Council of City of Fort Worth, Texas
Governments
Fundinq Agency Local Government
Si nature Signature
Mike Eastland JJARL
Name Name
Executive Director /[ S r s ' C i T Y JUA6 6-r-,
Title
Date , Date
APPROVED AS TO FOR61 AND 1,11"GALITY:
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I
Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
LIST OF ATTACHMENTS
ATTACHMENT A. WORK PROGRAM AND SCHEDULE OF DELIVERABLES ...............................1
ATTACHMENT B. SCHEDULE FOR REIMBURSEMENT AND REPORTING.......................................2
ATTACHMENT C. BUDGET & DETAILED COST SHEETS...................................................................4
ATTACHMENT D. SPECIAL PROVISIONS.......................................................................................... 12
Article01. PURPOSE OF AGREEMENT............................................................................................... 12
Article 02. LIMITATIONS AND REPORTING REQUIREMENTS.......................................................... 12
Article03. FINANCIAL OBLIGATION.................................................................................................... 12
Article 04. REIMBURSEMENT PROCEDURES.................................................................................... 13
Article 05. BUDGET CATEGORY ADJUSTMENTS.............................................................................. 14
Article 06. PROJECT REPORTING REQUIREMENTS......................................................................... 14
Article 07. PERFORMANCE MEASURES............................................................................................. 15
Article 08. IDENTIFICATION OF THE FUNDING SOURCE................................................................. 15
Article09. PERSONNEL........................................................................................................................ 15
Article10. TRAVEL................................................................................................................................ 16
Article11. CONSUMABLE SUPPLIES.................................................................................................. 16
Article12. EQUIPMENT......................................................................................................................... 19
Article 13. CONTRACTUAL EXPENSES............................................................................................... 19
Article14. CONSTRUCTION.................................................................................................................20
Article15. OTHER EXPENSES.............................................................................................................20
Article16. INDIRECT EXPENSES.........................................................................................................21
Article 17. MATCHING SERVICES/CASH CONTRIBUTIONS..............................................................21
Article18. PROJECT CONTACTS ........................................................................................................22
ATTACHMENT E. GENERAL PROVISIONS........................................................................................23
Article 01. ELIGIBLE PROJECT FUNDING RECIPIENTS....................................................................23
Article 02. RESPONSIBILITIES OF THE FUNDS RECIPIENT.............................................................23
Article 03. OVERSIGHT OF SOLID WASTE IMPLEMENTATION PROGRAM....................................24
Article 04. STANDARDS FOR IMPLEMENTATION PROJECTS..........................................................24
Article 05. MONITORING REQUIREMENTS.........................................................................................28
Article 06. COMPLIANCE WITH APPLICABLE LAWS..........................................................................29
Article 07. UNIFORM GRANT AND CONTRACT MANAGEMENT ACT...............................................29
Article08. ACCOUNTING SYSTEM......................................................................................................29
Article09. RELEASE OF CLAIMS.........................................................................................................29
Article 10. ACCESS/EXAMINATION OF RECORDS............................................................................29
Article11. AUDITS ................................................................................................................................30
Article 12. INSURANCE AND LIABILITY.... ............................................................................30
Article 13. HAZARDOUS SUBSTANCES, WASTE DISPOSAL AND MANIFESTS..........................30
Article 14. CONFLICTS OF INTEREST.............................................................. ...................31
Article 15. SURVIVAL OF OBLIGATIONS.................. ............................................................31
Article16. CONTRACTUAL COSTS.............................. .. .....................................................31
Article 17. CHANGES TO INTERLOCAL AGREEMENT............................................................32
Article18. SEVERABILITY...................................................... ............................................32
Article 19. INTELLECTUAL PROPERTY.................................. ...............................................32
Article 20. CORRESPONDENCE............................................. ... .........................................33
Article21. DATA AND PUBLICITY........................................................................................33
Article22. ASSIGNABILITY................................................................... ..............................33
Article 23. SUBAGREEMENTS AND SUBCONTRACTS.................................... ........................34
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Article 24. SUPPLEMENTAL FUNDING STANDARDS....................................... ... ...................34
Article 25. AMERICANS WITH DISABILITIES ACT REQUIREMENTS................................................36
Article 26. EMPLOYMENT PRACTICES...............................................................................................36
Article 27. STATUTES RELATING TO NONDISCRIMINATION...........................................................36
Article 28. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES ........36
Article29. SAFETY AND PROTECTION...............................................................................................36
Article 30. ENERGY EFFICIENCY STANDARDS.................................................................................36
Article31. FORCE MAJEURE...............................................................................................................36
Article 32. TERMINATION OF INTERLOCAL AGREEMENT................................................................37
DEFINITIONS.............................................................................................................................................39
APPENDICES:
• SUMMARY/RESULTS REPORT OF GRANT-FUNDED PROJECT
• STATUS OF COMPLETION I OF WORK TASKS FORM
• RESULTS REPORT FORMS
• REIMBURSEMENT REQUEST FORM plus SUPPLEMENTAL FORM(s)
• REQUEST FOR BUDGET REVISION FORM
• RELEASE OF CLAIMS
All forms listed are located at the following website:
http://www.nctcog.org/envir/SEELT/funding/report forms.asp
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Attachment A. Work Program and Schedule of Deliverables
1. Execution of the Interlocal Agreement with the NCTCOG
a. The City of Fort Worth executes the Interlocal Agreement. (June 2014)
2. The City of Fort Worth submits all quarterly and final reports on grant progress to the NCTCOG by
due dates outlined in Interlocal Agreement.
a. Quarterly reports begin September 2014
b. Complete all activities and expenditures by June 30, 2015
c. Complete Final Results Report, Final Reimbursement Request and Release of All Claims
by July 31, 2015
3. Obtain bids and requisitions for recycling bins for all locations
a. Fort Worth Parks and Community Services (September 2014)
1. Recycling roll-off
2. Big Belly Recycling Units
3. Recycling units for golf courses
4. Recycling drums and lids for parks
b. Fort Worth Schools — Classroom Recycling Bins (September 2014
c. Fort Worth Zoo (September 2014)
d. Fort Worth City Hall (September 2014)
e. Will Rogers Memorial Center (September 2014)
4. Receive bins and install
a. Install bins in Fort Worth Park locations (November 2014)
b. Fort Worth Zoo (November 2014)
c. Fort Worth City Hall (November 2014)
d. Will Rogers Memorial Center(November 2014)
5. Conduct application process for school classroom recycling bins
a. Sent applications for classroom recycling bins to all Fort Worth schools (November 2014)
b. Pick school winners (March 2015)
c. Distribute Classroom Recycling bins before Earth Day (April 2015)
6. Public Outreach Campaign:
a. City of Fort Worth to promote a "Recycling on the Go" campaign by social media, water bill
inserts, website and City cable channel. (November 2014 — June 2015)
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
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. STATUS REPORTS
The following represents the reporting schedule for projects funded in Fiscal Year 2014 and 2015.
QUARTERLY DUE DATES FOR REPORTING PERIOD
GRANT SUMMARY/RESULTS REPORT
Quarterly Grant Summary/Results Report #1 June 5, 2014 through September 5, 2014
Due Monday , September 8, 2014 (13 Week Period)
Quarterly Grant Summary/Results Report #2 September 8, 2014 through November 7, 2014
Due Monday, November 10, 2014 (9 Week Period)
Quarterly Grant Summary/Results Report #3 November 10, 2014 through January 9, 2015
Due Monday, January 12, 2015 (9 Week Period)
Quarterly Grant Summary/Results Report #4 January 12, 2015 through March 31, 2015
Due Wednesday, April 1, 2015 (11 Week Period)
April 1, 2015 through June 30, 2015
(13 Week Period)
Note: Must incur ALL EXPENDITURES
and ALL ACTIVITIES COMPLETED
by close of business 5:00 pm
CENTRAL TIME Tuesday, June 30, 2015.
Quarterly Grant Summary/Results Report #5 Original signatures required on all paperwork
Due Friday, July 31, 2015 and submitted to NCTCOG at
• Final Results Report 616 Six Flags Drive, Arlington, TX 76011
• Final Reimbursements ATTENTION: LIZ ZECCKINE
• Release of Claims By close of business 5:00 p.m. CENTRAL TIME.
Reports continue on following page...
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
FUTURE REPORTS
FY14/15 Grant Recipients: Information Needed for TCEQ Results Report
After the June 30, 2015 deadline, grant recipients will also be asked to submit cumulative
results from the start of project to include the remaining two months of the current biennium.
July 1, 2015 through August 31, 2015
A reminder notice will be sent to the grant recipient closer to the due date
with a web link provided to assist with locating the proper reporting form.
Due Thursday, September 3, 2015
FY14/16 Grant Recipients: Information Needed for TCEQ Follow Up Results Report
(also known as the `Year Later Report')
Due Friday, August 5, 2016
(Starting from September 1, 2015 through July 31, 2016)
This report will be cumulative results. One year after completion of the project, upon NCTCOG request.
Refer to Interlocal Agreement Article 06.Project Reporting Requirements
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Grant Project Number U-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Attachment C. Budget and Detailed Cost Sheets
Note: This Budget information is taken directly from the Project Application.
BUDGET ITEM PROJECT FUNDING IN-KIND TOTAL PROJECT
AMOUNT SERVICES
1. Personnel/salaries $ $1886 $1886
2. Fringe benefits $ $ $0.00
3. Travel $ $ $0.00
4. Supplies $ $ $0.00
- 7 5. Equipment $7500 $ $7500
6. Construction $ $ $0.00
7. Contractual $ $1320 $1320
N her $89225 $9950 $99175
irect charges $96725 $13156 $109881
f lines 1-8)
9. Indirect charges $ $ $0.00
Total Cost (sum of 1-9) $96,725 $13156 $109881
LIST IN-KIND SERVICES HERE:
In-kind or Matching Funds Contributions: $ 13,156
Local government contribution(s) through in-kind or matching services is encouraged.
Please explain, in separate line items, the detail of any matching funds or contributions to be provided by the local
government. In-kind services should relate only to staff or services directly involved with your proposed project.
Describe the relative importance or effort the local contribution will have in relationship to the entire project. This
information will be used in contracting with successful projects and will be tracked for proper payment.
*City of Fort Worth Resource Recovery Planner(80 hours) $1886
*Water Bill Insert promoting "Recycling on the Go" $6250
*Molly Minute City Cable promotion** (charter cable) $2500
*City Times Article in water bill* $1200
*City of Fort Worth to pay Recycling Collection from Waste Service Provider $1320
**estimating market value
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
DETAILED BUDGET SHEET - Line(s) 1, 2 and/or 10: Personnel/Salaries/Fringe Benefits/Indirect Rate
This budget sheet should be completed if any expenses are entered for Personnel/Salaries on Line 1 of the
Project Budget Summary; otherwise omit. $
In the space below, list the names and titles of individuals whose salaries are paid for in all or in part from
project funds. Also indicate if funds are for a new or existing employee.
Click here to enter text.
If your budget lists fringe benefits (line 2) and indirect costs (line 10), you also must provide the following
information:
• What is your fringe benefit rate: %
• What is your indirect charge rate*: %
* In accordance with the Uniform Grant Management Standards (UGMS), indirect charges may be authorized if the applicant has a
negotiated indirect cost rate agreement signed within the past 24 months by a federal cognizant agency or by a state single audit
coordinating agency. Alternatively,the applicant may be authorized to recover up to 10%of direct salary and wage costs(excluding
overtime, shift premiums, and fringe benefits) as indirect costs, subject to adequate documentation. If you have an approved cost
allocation plan please enclose documentation of your approved indirect rate.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
DETAILED BUDGET SHEET- Line 3: Project-Funded Travel
This budget sheet should be completed if any expenses are entered for travel on Line 3 of the Project
Budget Summary; otherwise omit. $
The following is an itemized list of the types of travel expenses expected, identifying the parties and purposes
involved. In general, all travel is within the North Central Texas region or within Texas. All proposed travel
outside Texas must be specifically listed and will need specific approval from NCTCOG and TCEQ. For
Registration Fees, see "Other" Detailed Budget page.
Click here to enter text.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
DETAILED BUDGET SHEET - Line 4: Project-Funded Supplies
This budget sheet should be completed if any expenses are entered for supplies on Line 4 of your Project
Budget Summary; otherwise omit. $
This type of expenditures must generally relate to the routine purchase of office supplies (paper, pencils,
staple, etc.) or other goods that are consumed in a relatively short period of time in the regular
performance of general office activities. (Expenses for food and alcoholic or non-alcoholic beverages
are not allowable.)
The following is an itemized list of the general types of supplies and their cost that are intended to
be purchased with project funding:
Item # of Units Cost Per Unit Total Cost
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
DETAILED BUDGET SHEET- Line 5: Project-Funded Equipment
This budget sheet should be completed if any expenses are entered for equipment on Line 5 of the Project
Budget Summary; otherwise omit. $7500
Equipment includes all non-construction related, tangible property having a unit acquisition cost of$5,000
or more, with an estimated useful life of over one-year. All equipment purchases must be pre-approved by
NCTCOG.
Equipment(description, type, model, etc.) # of Units Cost per Unit Total Cost
30 Cubic Yard Closed Top Recycling Roll-Off 1 $7,500 $7,500
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
DETAILED BUDGET SHEET- Line 6: Project-Funded Construction
This budget sheet should be completed if any expenses are entered for construction on Line 6 of the
Project Budget Summary; otherwise omit. $
All construction projects must be pre-approved by NCTCOG. Construction costs include facility design,
site preparation, and facility construction. Indicate clearly whether construction services are provided by
the FUNDS RECIPENT or through subcontracts for outside services.
Expenses budgeted under this category should be for costs related to the enhancement or building of
permanent facilities. Appropriate costs that may be included are:
• the cost of materials and labor connected to the construction project;
• the cost of equipment attached to the permanent structure; and the cost of planning the project;
and,
• any subcontracts, including contracts for services, performed as part of the construction.
All local government municipal laws and regulations, including UGMS, for bidding and contracting for
services must be followed.
The following is an itemized list of construction expenses associated with the funded project, with
as many specifications as possible:
Construction (and related expenses) Costs
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
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. $
All contractual expenses must be pre-approved by NCTCOG. Expenses included under this category
should be for costs for professional services or tasks provided by a firm or individual who is not employed
by the FUNDS RECIPENT 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:
Contractual Costs
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
DETAILED BUDGET SHEET -Item 8: Project-Funded Other Expenses
This budget sheet should be completed if any expenses are entered under "Other" on Line 8 of the Project
Budget Summary; otherwise omit.
"Other" expenses are those for items or services that do not readily fit into any of the previous budget
categories.
The following is an itemized list of other expenses:
$ Postage/delivery
$ Telephone/Fax
$ Utilities
$ Printing/reproduction
$ Advertising/public notices
$4,000 Signage
$ Training (registration fees, etc.)
$ Office space and equipment rentals
$ Basic office furnishings (desks, chairs, filing cabinets, etc.)
$ Books and reference materials
$ Computer hardware (under$5,000¬ listed under equipment category)
$ Computer software
$85225 Miscellaneous ALL Other Expenses
(Separately itemize these expenses below, For example: 96-gallon recycling roll carts @
$50.73 ea, 700 units=$35,511.00)
Item # of Units Cost
Recycling Drums w/custom lids @$75 ea 175 $13125
Recycling Bin for Ball Wash Stations @ $150 ea 27 $4050
Big Belly non-compacting recyclers @ $2,995ea 10 $29950
64-Gallon Recycling Roll Carts @$60ea 125 $7500
Recycling Bins FW Zoo &City Hall @$100ea 116 $11600
Classroom Recycling Blue Upright 10 gallon bins 1500 $15000
@$10ea
Outdoor Recycling Bins for City Hall @$1,000ea 4 $4000
$89225 TOTAL "Other" expenses, equal to the amount entered on
Line 8 of the Budget Summary.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Attachment D. Special Provisions
Article 01: Purpose of the Interlocal Agreement
The purpose of this Interlocal Agreement is to implement the provisions of §361.014(b) of the Texas
Health and Safety Code, regarding the distribution of solid waste fee revenue funds in support of local and
regional solid waste projects consistent with the regional solid waste management plans adopted by
NCTCOG and TCEQ. This Interlocal Agreement is to perform specific tasks identified by NCTCOG's
Resource Conservation Council (RCC) among several top-ranked local project proposals during the
FY2012-2013 grant funding cycle.
Article 02: Limitations and Reporting Requirements
Pursuant to §391 of the Local Government Code, funds received under this Interlocal Agreement will be
expended only subject to the limitations and reporting requirements similar to those set forth in this Article:
• Audit and Reporting Requirements that the FUNDS RECIPIENT annually report to the Governor,
§391.0095 of the Local Government Code, and 1 TAC §5.83 and §5.87, Governor's Office
Regulations.
• FUND RECIPIENT'S Indirect Costs must comply with §391.0115 of the Local Government Code,
and 1 TAC §5.86, Governor's Office Regulations.
• Restrictions on FUNDS RECIPIENT Travel Cost, §391.0115 of the Local Government Code, and 1
TAC §5.86, Governor's Office Regulations.
• Restrictions on Use of Alcoholic Beverages, §391.0115 of the Local Government Code, and 1 TAC
§5.86, Governor's Office Regulations.
• Restrictions on Lobbying and Nepotism, §391.0116 of the Local Government Code, and 1 TAC
§5.89, Governor's Office Regulations.
• Salary Administration Provisions and Schedules and Position Classification Schedules, §391.0117
of the Local Government Code, and 1 TAC §5.85, Governor's Office Regulations.
• General Limitations on Expenditures, §6.01 of SB 1, General Appropriations Act, 79th Legislative
Session.
Article 03. Financial Obligation
The FUNDS RECIPIENT is responsible for ensuring that expenditure amounts remain within the total
budget limits. The FUNDS RECIPIENT must maintain records and documentation materials consistent
with the requirements of this Attachment D "Special Provisions," the Uniform Grant and Contract
Management Act, Texas Government Code, §§783.001 et. seq., and the Uniform Grant Management
Standards, 1 Texas Administrative Code (TAC), §§5.141 et. seq. (collectively, "UGMS"). The FUNDS
RECIPIENT must also follow up on any problems identified through its financial monitoring program.
In consideration of full and satisfactory performance hereunder, NCTCOG will be liable to the FUNDS
RECIPIENT in an amount equal to the actual costs incurred by the FUNDS RECIPIENT in rendering such
performance, subject to the following limitations:
NCTCOG is not liable for expenditures made in violation of Attachment E, Article 24, which outlines
supplemental funding standards as defined by TCEQ. NCTCOG is not liable for any costs incurred by
FUNDS RECIPIENT in the performance of this Interlocal Agreement that have not been billed to NCTCOG
within thirty (30) calendar days following termination of this Interlocal Agreement.
NCTCOG is not liable to the FUNDS RECIPIENT for costs incurred or performance rendered by FUNDS
RECIPIENT before commencement of this agreement or after termination of this Interlocal Agreement.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject
to and limited by the receipt and availability of funds which are received from the funding agencies by
NCTCOG dedicated for the purposes of this Agreement.
Except as specifically authorized by NCTCOG in writing, NCTCOG is liable only for expenditures made in
compliance with the cost principles and administrative requirements set forth in this Interlocal Agreement,
stated guidelines and applicable rules and regulations.
Failure on the part of the FUNDS RECIPIENT to comply with the conditions set forth in this Interlocal
Agreement shall be the basis for termination of the Interlocal Agreement and/or the revocation of any
unexpended or inappropriately expended funds.
Article 04: Reimbursement Procedures
All payments for approved project expenditures shall be on a cost reimbursement basis only. 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 (10t") calendar day following the end of each month for which
expenditures are claimed. The FUNDS RECIPIENT must use the required Reimbursement Request
Form, with appropriate itemized Supplemental Forms A through E submitted with an original signature.
All requests for reimbursement shall provide sufficient documentation, including:
1. Copy of canceled check or bank transmittal showing entity paid the financial institution for the charge(s),
2. Copy of Invoice(s),
3. Copy of Purchase Order(s).
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
Reimbursement Request Form; 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 Report 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.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Article 05. Budget Category Adjustments
The FUNDS RECIPIENT may expend funds in excess of those listed for a particular budget category
within the approved budget without requiring a formal amendment to this Interlocal Agreement, if:
The FUNDS RECIPIENT adheres to all other requirements of this Interlocal Agreement, concerning
obtaining prior written authorization;
• The cumulative dollar amount of all excess expenditures among direct budget categories is equal to
or less than 5% of the total budget amount.
• Sufficient funds are available in other budget categories to cover the excess expenditures.
• The transfer will maintain or further the scope and objective of the project as funded by this
Agreement. NCTCOG will make the final determination if a transfer furthers the scope and objective
of a project.
• The FUNDS RECIPIENT notifies NCTCOG as soon as practical of the deviation from the budget
categories.
• Budget category adjustments/changes for Personnel/Salaries, Equipment, Contractual, Construction
and Other expenditures must receive prior written authorization from NCTCOG. In order to receive
approval for a budget category adjustment, FUNDS RECIPIENT must complete and submit a
Request For Budget Revision form as well as a memorandum explaining the requested budget
revision(s).
Article 06. Project Reporting Requirements
The FUNDS RECIPIENT shall prepare and submit to NCTCOG, a written progress report concerning
performance under this Interlocal Agreement documenting the accomplishments and units of work
performed under the Scope of Services of this Agreement. The "Summary/Results Report of
Implementation Project" form must be submitted using the forms provided. The "Summary/Results Report
of Implementation Project" form will be due to NCTCOG on the days indicated under the Schedule for
Reimbursement and Reporting in Attachment B.
The FUNDS RECIPIENT'S Summary/Results Report of Implementation Project report shall contain
adequate descriptions of all project activities performed in order to allow NCTCOG to evaluate compliance
with the provisions of this project. Performance information concerning timelines in meeting the schedule
for required reports will be maintained by NCTCOG and shared with members of the RCC.
In particular, any legal research and related legal activities shall be clearly detailed in the progress reports
in order to assure NCTCOG that the activities are not prohibited under Attachment E, Article 24, of this
Interlocal Agreement. The FUNDS RECIPIENT shall comply with any reasonable request by NCTCOG for
additional information on activities conducted in order for NCTCOG to adequately monitor the FUNDS
RECIPIENT'S progress in completing the requirements of and adhering to the provisions of this Interlocal
Agreement.
A Final Report shall be provided in conjunction with the final request for payment under this Interlocal
Agreement. In this Final Report, the FUNDS RECIPIENT shall certify, in writing, the satisfactory
completion of all activities and deliverables required under this Interlocal Agreement.
Reimbursement payments under this Interlocal Agreement may be withheld by NCTCOG until such time
as any past due progress reports are received. The Final Report shall consist of the same forms used for
the Summary/Results Report of Implementation Project form and the supplemental detailed forms for this
project's funding category. The Final Report shall include information on the progress during the last
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
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 NCTCOG) to document the project's continued results at the culmination of the project.
Timeliness in completing reporting requirements will be monitored by 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 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 and
Timeline will be monitored by NCTCOG and reported to the RCC. Performance on reporting requirement
information will be considered as an evaluation criteria for future Requests for Applications. 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. Identification of the Funding Source
The FUNDS RECIPIENT must acknowledge the financial support of NCTCOG and the State of Texas
whenever work is funded, in whole or part, through this Interlocal Agreement. This includes using the
following notation on the front cover, title page, surface of recycling bins or carts, vehicle wraps, vehicles,
pencils, pens, T-shirts, stickers, electronic devices, all mechanical equipment, etc.:
"Prepared in cooperation with the North Central Texas Council of Governments through
funding from the Texas Commission on Environmental Quality."
Tangible items where surface space is limited may utilize the TCEQ logo or the phrase "Funded by
TCEQ." Consult with NCTCOG Project Representative to obtain TCEQ logo and for guidance on the
proper display.
Article 09. Personnel/Salaries
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
Supplemental Reimbursement Request Form 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.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
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.
The FUNDS RECIPIENT is to provide signed timesheet(s) and check stub(s) or a general ledger that
shows payout to each employee covered in this Interlocal Agreement.
Article 10. Travel
Only the employees of the FUNDS RECIPIENT assigned to the project should receive reimbursement for
travel expenses. All travel for which expenses are claimed must be in connection with the tasks and
activities required under this Interlocal Agreement, and shall be in compliance with the State Travel
Regulation and Restrictions on Travel Costs as outlined in §391.0115 of the Local Government Code.
Except as provided for in this Interlocal Agreement as indicated under Attachment C of the program
budget, the FUNDS RECIPIENT shall obtain prior written authorization from NCTCOG for reimbursement
from the travel expense budget category of any travel expenses for persons not employed by the FUNDS
RECIPIENT, and for travel by any employee not included in Attachment C of the program budget.
Out-of-state travel should not normally be allowed and will require prior written approval from NCTCOG
and TCEQ, prior to the travel event. In order for travel expenses to be reimbursed under the conditions of
this Interlocal Agreement, the FUNDS RECIPIENT shall comply with the State Travel Regulations as
required by Section 33, Article IX, H.B. 1, and any Restrictions on Travel Costs as outlined in §391.0115 of
the Local Government Code.
Documentation should, at a minimum, be consistent with the State Travel Regulations and any restrictions
on travel cost. The purpose of the travel shall be documented and supported with any of the appropriate
records, such as automobile mileage totals for the reporting period (gasoline receipts will not be accepted
for privately owned vehicles), actual receipts for hotel accommodations, public transportation receipts,
airline receipts, meal receipts, etc. The reimbursement request must include the itemization of travel
expenses on Supplemental Reimbursement Request Form A. The FUNDS RECIPIENT is not required to
submit a daily or incidental mileage log as a part of Supplemental Reimbursement Request Form A.
However, mileage trip logs documenting amount of miles traveled per day or per trip, the FUNDS
RECIPIENT must maintain destination and purpose of trip as part of the FUNDS RECIPIENT'S records.
Such mileage logs must be made available upon request by NCTCOG or TCEQ.
Article 11. Equipment
For the purposes of this Interlocal Agreement, equipment is defined as those items with a unit acquisition
cost of$5,000 or greater. All equipment expenses are subject to prior approval by NCTCOG before
purchase.
Subject to the obligations and conditions set forth in this Interlocal Agreement, title to real property and
equipment (together hereafter referred to in this Article as "property") acquired under this Interlocal
Agreement by the FUNDS RECIPIENT will vest upon acquisition or construction.
Subject to the provisions of this Interlocal Agreement and as otherwise provided by State statutes,
property acquired or replaced under this Interlocal Agreement shall be used for the duration of its normally
expected useful life to support the purposes of this Interlocal Agreement whether or not the original
projects or programs continue to be supported by state funds.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
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 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 acquisition date, and the cost of the
property, percentage of state participation in the cost of the property, the location, use and condition of the
property, and any ultimate disposition data including the date of disposal and sale price of the property.
A physical inventory of all equipment acquired or replaced under this Interlocal Agreement shall be
conducted no less frequently than once every two years and the results of such inventories reconciled with
the appropriate property records. Property control procedures utilized by the FUNDS RECIPIENT shall
include adequate safeguards to prevent loss, damage, or theft of the acquired property. Any loss,
damage, or theft shall be investigated. The FUNDS RECIPIENT shall develop and carry out a program of
property maintenance as necessary to keep both originally acquired and any replaced property in good
condition, and to utilize proper sales procedures to ensure the highest possible return, in the event such
property is sold.
Certain types of equipment are classified as "controlled assets" and are subject to annual revision. In
accordance with the UGMS, the FUNDS RECIPIENT should contact the Texas Comptroller of Public
Accounts' property accounting staff or review the Comptroller's state Property Accounting User Manual
available on the Internet, for the most current listing. Firearms shall be maintained on the FUNDS
RECIPIENT'S inventory system irrespective of cost, and the following equipment with costs between $500
and $5,000 shall be maintained on the inventory system: (1) stereo systems, (2) still and video cameras,
(3) facsimile machines, (4) VCRs and VCR/DVD/TV combinations; (5) cellular and portable telephones.;
and, (6) computer hardware.
The FUNDS RECIPIENT may, for the purpose of replacing property acquired under this Interlocal
Agreement, either trade in or sell the property and use the proceeds of such trade-in or sale to offset the
cost of acquiring needed replacement property.
The FUNDS RECIPIENT agrees that if a determination is made that any property acquired with funds
provided under this Interlocal Agreement with a current per-unit fair market value of$5,000 or more is no
longer needed for the originally authorized purpose, TCEQ has the right to require disposition of the
property by the FUNDS RECIPIENT in accordance with the provisions of this Article.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
When during the useful life of property acquired with project funds under this Interlocal Agreement by the
FUNDS RECIPIENT and with a current per-unit fair market value of$5,000 or more, the property is no
longer needed for the originally authorized purpose the FUNDS RECIPIENT agrees to request disposition
instructions from TCEQ. When property acquired by a FUNDS RECIPIENT with project funds provided by
TCEQ under this Interlocal Agreement is no longer needed for the originally authorized purpose, the
FUNDS RECIPIENT agrees that this Interlocal Agreement will require NCTCOG to request disposition
instructions from the FUNDS RECIPIENT or, if NCTCOG is no longer administering a Regional Solid
Waste Implementation Project Program, TCEQ.
NCTCOG shall, in turn, request authorization from TCEQ to provide disposition instructions to the FUNDS
RECIPIENT. Disposition instructions shall solicit, at a minimum, information on the source and amount of
funds used in acquiring the property, the date acquired, the fair market value and how the value was
determined (e.g., by appraisal, bids, etc.), and the proposed use of the proceeds. The assessment of
whether to authorize the proposed disposition of the property must include a determination that the
disposition plan will comply with the private industry provisions of§361.014(b) of the Texas Health Safety
Code Annotated.
In cases where the FUNDS RECIPIENT fails to take appropriate disposition actions, TCEQ may direct
NCTCOG to take excess and disposition actions. The disposition instructions may provide for one of the
alternatives as set forth in this Section.
Retain title, sell, or otherwise disposed of with no obligation to compensate TCEQ or, in the case of a
FUNDS RECIPIENT. Retain title after compensating TCEQ or, in the case of an implementation project
funding recipient, NCTCOG. If NCTCOG is compensated by a FUNDS RECIPIENT for property acquired
using funds provided under this Interlocal Agreement, NCTCOG will in turn compensate TCEQ or, upon
authorization by TCEQ, use those funds for other projects or activities that support this or similar future
programs conducted by TCEQ. The amount due will be computed by applying the percentage of state-
funded participation in the cost of the original purchase to the fair market value of the property.
Sell the property and compensate TCEQ or, in the case of project funding recipient, NCTCOG. If
NCTCOG is compensated by a FUNDS RECIPIENT for property acquired using funds provided under this
Interlocal Agreement, NCTCOG will in turn compensate TCEQ or, upon authorization by TCEQ, use those
funds for other projects or activities that support the goals of this or similar future programs conducted by
TCEQ. The amount due will be calculated by applying TCEQ percentage of participation in the cost of the
original purchase to the proceeds of the sale after deduction of any actual and reasonable selling and
fixing-up expenses. If the project is still active, the net proceeds from sale may be offset against the
original cost of the property. When the FUNDS RECIPIENT is directed to sell property, sales procedures
shall be followed that provide for competition to the extent practicable and result in the highest possible
return.
Transfer title to TCEQ or, in the case of an implementation project funds recipient, NCTCOG, or to a third-
party designated/approved by 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 TCEQ. Methods used to
determine per-unit fair market value must be documented, kept on file and made available to TCEQ upon
request.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
A request for reimbursement for equipment must include itemized Supplemental Reimbursement Request
Form 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 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 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 the Supplemental Reimbursement Request Form B, to accompany the Reimbursement
Request Form. 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.
Article13. Construction
Expenses budgeted under this category should be for costs related to the enhancement or building of
permanent facilities. Examples include: facility design, site preparation and facility construction, including
slabs, paving, awning, attendant shelters with sanitation facilities, fencing and lighting, containment berms,
and electronic data-recording equipment.
The FUNDS RECIPIENT shall obtain and pay for all construction permits and licenses. The FUND
RECIPIENT shall also pay all charges of utility owners for connections to the work and for charges
associated with capital costs related thereto, such as plant investment fees.
The FUNDS RECIPIENT is expected to conform to the appropriate bidding process according to the
FUNDS RECIPIENT'S own internal policies and procedures. In addition, the FUNDS RECIPIENT is
required to maintain documentation to support that the cost incurred were reasonable and necessary.
Appropriate costs that may be included are:
a. The costs of planning the project.
b. The cost of materials and labor connected to the construction project.
c. The cost of equipment attached to the permanent structure; and
d. Any subcontracts (including contracts for services) performed as part of the construction.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
All outlays that fall within the "Construction" category of the budget shall be itemized by the FUNDS
RECIPIENT on the Supplemental Reimbursement Request Form C, to accompany the Reimbursement
Request Form. In addition, the FUNDS RECIPIENT shall attach, for each item listed, legitimate
supporting documentation that (1) further identifies the specific cost; (2) clearly identifies the vendor or
subcontractor who provided the materials or services; and (3) confirms the reimbursable materials listed.
The supporting documentation shall include a copy of the purchase order marked "received/paid", and an
invoice similarly marked plus a copy of the check. In the case of subcontractor services, the supporting
documentation shall consist of a dated invoice showing the amount billed to the FUNDS RECIPIENT and
any "past due" amount from previous invoices marked "received/paid" indicating the check number. In
addition, the FUNDS RECIPIENT is subject to all the requirements related to Title to Equipment and
Construction Facilities, as indicated in Attachment D, Article 11.
Article 14. Consumable Supplies
Expenses shall be for non-construction related costs for goods and materials having a unit acquisition cost
(including freight) of less than $1,000. Such expenditures shall generally relate to the routine purchase of
office supplies (paper, pencils, and staplers) or other goods, which are consumed by the FUNDS
RECIPIENT in a relatively short period of time, in the regular performance of the general activities funded
under this Interlocal Agreement. FUNDS RECIPIENT is expected to conform to the appropriate bid
process for purchases according to the FUNDS RECIPIENT'S own internal policies and procedures.
Non-routine expenditures of goods and materials, not falling under the definition of Supplies, should be
charged to the "Other" expense category. Supporting documentation shall include whatever is necessary
to show that the work was performed and the expense incurred. Supporting documentation for
reimbursement must include verification that the cost has been paid by the FUNDS RECIPIENT, a copy of
the purchase order (if issued) and a copy of the invoice. A request for reimbursement for supplies must
include itemized expenses on the Supplemental Reimbursement Request Form D.
Article 15. Other Expenses
No expenses under the "Other" budget category, including computer hardware or software purchases not
included under the "Equipment" budget category, shall be eligible for reimbursement under this Interlocal
Agreement, unless approved ahead of time, in writing, by NCTCOG.
The "Other" expenses as identified in Attachment C of the Project Budget are allowed. The restrictions set
forth in the Uniform Grant and Contract Management Standards apply. All expenses
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
budgeted under this "Other" category shall be itemized by the project funds recipient when requesting
reimbursement. Some expenses that may be appropriate include:
a. Postage/delivery g. Office space
b. Telephone/Fax h. Basic office furnishings
c. Utilities i. Legal costs
d. Printing/reproduction j. Vehicle maintenance
e. Advertising/Public notices k. Any others
f. Signage
The expenses under this budget category must receive NCTCOG's written approval prior to purchase.
Again, for these "other" expenditures, documentation for reimbursement must show that the expenses
were 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 the Reimbursement Request Form.
Article 16. 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 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 Rate(s) 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 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
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 NCTCOG to owe the FUNDS RECIPIENT more than the FUNDS
RECIPIENT amount shown in budget set forth in Attachment C.
Article 17. In-kind Services
In reference to the performance of the FUNDS RECIPIENT under this Interlocal Agreement, In-kind
Services shall be for staff or services directly involved with the work related activities as defined in the
approved work plan.
In-kind Services as defined in the approved Project Budget will be tracked separately with the
understanding that in the event that such services and/or contributions are not provided during the term of
this Interlocal Agreement, NCTCOG may terminate the Interlocal Agreement for non-compliance.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
The FUNDS RECIPIENT shall track In-kind Services separately from project funding and shall itemize
those costs on the required Supplemental Reimbursement Request Form E, which shall be submitted with
each Request for Reimbursement Form.
Article 18. Project Contacts
NCTCOG hereby designates the person in Article 18 of 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 NCTCOG in contract unless
NCTCOG's Executive Director has delegated that person to have such authority.
The FUNDS RECIPIENT shall identify as its Project Representative, the person authorized to receive
direction from NCTCOG, to manage the work being performed, and to act on behalf of the FUNDS
RECIPIENT. The FUNDS RECIPIENT'S Project Representative shall not be deemed to have authority to
bind the FUNDS RECIPIENT in contract unless the FUNDS RECIPIENT, in writing, specifically specifies
such authority to NCTCOG.
Either party may change its Project Representative as the need arises. In addition, the Project
Representative of either party may further delegate his or her authority if necessary, including any
delegation of authority to a new Project Representative. The party making any change in the Project
Representative shall provide written notice of the change to the other party.
NCTCOG hereby designates the individual below as the person to give direction to the FUNDS
RECIPIENT as Project Representative of NCTCOG:
Sandra Barba, Environment& Development Planner
North Central Texas Council of Governments
Environment and Development Department
P. O. Box 5888
Arlington, Texas 76005-5888
TEL (817) 608-2368 FAX (817) 695-9191
Email: sbarba(c-nctcogb.org
The FUNDS RECIPIENT hereby designates the individual named below as the person authorized to
receive direction from NCTCOG, to manage the work being performed, and to act on behalf of the FUNDS
RECIPIENT as the Project Representative:
Project Representative Alternate Contact to Project Representative:
Deborah J. Branch Randy Acosta, Grants Specialist
4100 Columbus Trail 818 Missouri Avenue
Fort Worth, Texas 76133 Fort Worth, Texas 76102
TEL (817) 392-5151 FAX (817) 392-5170 TEL (817) 392-6314 FAX (817) 392-2249
Email: Debbie.branch @fortworthtexas.gov Email: Randy.Acosta @fortworthtexas.gov
The FUNDS RECIPIENT designates the following location for record access and review:
City of Fort Worth
4100 Columbus Trail
Fort Worth, Texas 76133
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
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 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 TCEQ, are not eligible to receive
implementation project funding from NCTCOG. TCEQ shall provide, on a quarterly basis, NCTCOG a list
of entities for which fee payments are in arrears. 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 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,
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.
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 NCTCOG.
Neither NCTCOG's review, approval or acceptance of, nor payment for any of the services shall be
construed to operate as a waiver of any rights under this 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 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.
The obligations of the FUNDS RECIPIENT under this Article are in addition to the FUNDS RECIPIENT'S
other express or implied assurances under this Interlocal Agreement or applicable law.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Article 03. Oversight of Solid Waste Implementation Project Program
NCTCOG staff, through its designated Project Representative, is responsible for managing the solid waste
implementation project program, for negotiating the work scope of services, the budget, and the term of
the Interlocal Agreement. NCTCOG staff will review and authorize Requests for Reimbursement, review
progress reports and will undertake site visits.
In addition, NCTCOG's RCC, the regional solid waste advisory committee under the Executive Board, will
oversee the comprehensive implementation project program assure compliance with state requirements
and achievement of regional objectives. Other oversight duties of the RCC will include arbitration of
projects as necessary and review and approval of key contract amendments.
Article 04. Standards for Implementation Projects
The following standards and limitations apply to all implementation project activities funded under this
Agreement. The FUNDS RECIPIENT is responsible for ensuring compliance of these standards in the
following project categories.
Local Enforcement. This category consists of projects that contribute to the prevention of illegal dumping
of municipal solid waste, including liquid wastes. Under this category, funding recipients may investigate
illegal dumping problems; enforce laws and regulations pertaining to the illegal dumping of municipal solid
waste, including liquid waste; establish a program to monitor the collection and transport of municipal
liquid wastes, through administration of a manifesting system; and educate the public on illegal dumping
laws and regulations. Examples of categories eligible for funding include equipment such as vehicles,
communications equipment, and surveillance equipment as well as program administration expenses,
such as salaries/fringe benefits, office supplies and equipment, travel, training, and vehicle maintenance.
Also eligible for funding is protective gear, supplies and educational materials. Funding limitations specific
to this category are set forth in this Section.
Funds may not be provided to any law enforcement agency regulated by Chapter 415, Texas Government
Code, unless: (a) the law enforcement agency is in compliance with all rules developed by the
Commission on Law Enforcement Standards and Education pursuant to Chapter 415, Texas Government
Code; or(b) the Commission on Law Enforcement Officer Standards and Education certifies that the
requesting agency is in the process of achieving compliance with such rules.
When funding is to be provided for salaries of local enforcement officers, the FUNDS RECIPIENT must
certify that at least one of the officers has attended or will attend within the term of the funding TCEQ's
Criminal Environmental Law Enforcement Training or equivalent training.
Local enforcement vehicles and related enforcement equipment purchased entirely with funds provided
under this Agreement may only be used for activities to enforce laws and regulations pertaining to littering
and illegal dumping, and may not be used for other code enforcement or law enforcement activities.
Vehicles and equipment that are only partially funded must be dedicated for use in local enforcement
activities for a percentage of time equal to the proportion of the purchase expense funded.
Entities receiving funds for a local enforcement officer, enforcement vehicles, and/or related equipment for
use by an enforcement officer, must investigate major illegal dumping problems, on both public and private
property, in addition to investigating general litter problems on public property.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Entities receiving funds to conduct a local enforcement program must cooperate with TCEQ's regional
investigative staff in identifying and investigating illegal dumping problems. Lack of cooperation with
TCEQ staff may constitute a reason to withhold future funding to that entity for local enforcement activities.
Funds may not be used for investigation and enforcement activities related to the illegal dumping of
industrial and/or hazardous waste. Instances where industrial or hazardous waste is discovered at a site
do not preclude the investigation of that site, so long as the intent and focus of the investigation and
enforcement activities are on the illegal dumping of municipal solid waste.
Source Reduction and Recycling. This category includes projects that provide a direct and measurable
effect on reducing the amount of municipal solid waste going into landfills, by diverting various materials
from the municipal solid waste stream for reuse or recycling, or by reducing waste generation at the
source. Funded activities may include: facility design and construction; equipment, such as chippers,
balers, crushers, recycling and composting containers, trailers, forklifts, and trucks; program administration
expenses, such as salaries/fringe benefits, office supplies and equipment, travel, and training; and,
educational materials, printing and advertisement expenses. Funding limitations specific to this category
are set forth in this Section.
Programs and projects funded under this category shall have as a goal and be designed to provide a
measurable effect on reducing the amount of municipal solid waste being disposed of in landfills.
Any program or project funded with the intent of demonstrating the use of products made from recycled
and/or reused materials shall have as its primary purpose the education and training of residents,
governmental officials, private entities, and others to encourage a market for using these materials.
Projects funded under this Interlocal Agreement may not include programs dedicated to the collection
and/or recycling of automotive wastes, to include scrap tires, used oil, oil filters, antifreeze, or lead-acid
batteries. This restriction includes the purchase of equipment to shred or split scrap tires. However, this
restriction does not apply to the ancillary collection of these materials as part of a comprehensive
Household Hazardous Waste Collection facility or program.
Local Solid Waste Management Plans. This category includes projects to develop and have adopted by
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 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 NCTCOG in the
regional solid waste management plan. Funding provided under this category may not be used for final
engineering work, designs, or construction plans. At least one year should be allowed for the completion
and adoption of the local plan.
Citizens' Collection Stations and "Small" Registered Transfer Stations. This category includes projects to
construct and equip citizens' collection stations, as these facilities are defined under 30 TAC §330.2,
TCEQ Regulations. Municipal solid waste transfer stations that qualify for registration under §330.4(d)(1) -
(3) or§330.4(r) of TCEQ Regulations may also be funded. The costs associated with operating a citizens'
collection station once it is completed may not be funded. The design and construction of small municipal
solid waste and liquid waste transfer stations that qualify for registration under §330.4(d) or §330.4(r),
TCEQ Regulations, may be funded. Other permitted or registered transfer stations may not be funded.
A municipal solid waste transfer facility may be eligible for a registration if it serves a municipality with a
population of less than 50,000, or a county with a population of less than 85,000, or is used in the transfer
of 125 tons or less of municipal solid waste per day. A liquid waste transfer station may qualify for a
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
registration if it will receive less than 32,000 gallons or less per day. The costs associated with operating
a transfer station once it is completed may not be funded.
Funds may be used for projects funded for these types of facilities shall include consideration of an
integrated approach to solid waste management, to include providing recycling services at the site, if
appropriate to the management system in place. Funds may also be used for periodic community
collection events, held not more frequently than four times per year, to provide for collection of residential
waste materials for which there is not a readily-available collection alternative, such as large and bulky
items that are not picked up under the regular collection system.
Transfer stations that qualify for a registration solely due to their location within a permitted municipal solid
waste facility, under §330.4(d)(4), may not be funded.
Municipal solid waste transfer stations that qualify for a registration only under the provisions of§330.4(q)
of the Municipal Solid Waste regulations allowing for registration of facilities that recover 10% or more of
the waste stream for reuse or recycling, but not also under the provisions of§330.4(d) of the Municipal
Solid Waste regulations, may not be funded. However, those components of a transfer facility dedicated
to the reuse or recycling activities may qualify for funding under the source reduction and recycling grant
category.
Municipal solid waste transfer stations that are used only in the transfer of grease trap waste, grit trap
waste, septage, or other similar liquid waste, and which qualify for registration under §330.4(r) of the
Municipal Solid Waste Regulations may be funded under this category. Specifically, §330.4(r) of the
regulations allows for registration of a liquid waste transfer facility that will receive 32,000 gallons a day or
less.
Only the costs necessary to construct the facility and/or purchase and install necessary equipment may be
funded. Costs associated with operating a facility once it is completed may not be funded.
Transfer stations that require a registration must have already received that registration from the TCEQ
before a grant may be awarded.
Household Hazardous Waste Management. This category includes projects that provide a means for the
collection, recycling or reuse, and/or proper disposal of household hazardous waste (HHW), including
household chemicals and other materials. Projects may include collection events, consolidation and
transportation costs associated with collection activities, recycling and/or reuse of materials; proper
disposal of materials; permanent collection facilities, and education and public awareness programs.
Funds may also be used to support Texas Country Cleanup events, conducted in conjunction with TCEQ.
Funding limitations specific to this category are set forth in this Section.
Projects under this category must be coordinated with 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 HHW collection and management program, so long as that is
not the sole intent of the program.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
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 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 TCEQ's and Keep Texas Beautiful 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 TCEQ's cleanup program staff and/or the Keep
Texas Beautiful organization, which is contracted by TCEQ to administer the Lake and River Cleanup
program.
Projects funded to clean up litter or illegal dumping on private property must be conducted through a local
government sponsor. Funds may not be provided directly to a private landowner or other private
responsible party for cleanup expenses. The local government sponsor must either contract for and
oversee the cleanup work, or conduct the work with its own employees and equipment.
The costs for cleanup of hazardous waste that may be found at a municipal solid waste site must be
funded from other sources, unless a waiver from this restriction is granted by TCEQ to deal with
immediate threats to human health or the environment.
The costs for cleanup of Class 1 non-hazardous industrial waste that may be found at a municipal solid
waste site must be funded from other sources, unless a waiver from this restriction is granted by TCEQ to
deal with immediate threats to human health or the environment. The cleanup of Class 2 and 3 non-
hazardous industrial wastes that may be found at a municipal solid waste site may be funded in
conjunction with the cleanup of the municipal solid waste found at a site.
All notification, assessment, and cleanup requirements pertaining to the release of wastes or other
chemicals of concern, as required under federal, state, and local laws and regulations, including 30 TAC
Chapter 330, TCEQ's MSW Regulations, and 30 TAC Chapter 350, TCEQ's Risk Reduction Regulations,
must be complied with as part of any activities funded under this Interlocal Agreement.
All materials cleaned up using grant funds must be disposed of properly or otherwise properly managed in
accordance with all applicable laws and regulations. To the extent feasible, it is recommended that
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
materials removed from a site be reused or recycled. For projects to clean up large amounts of materials,
NCTCOG may consider withholding at least ten (10) percent of the reimbursements under this Interlocal
Agreement until documentation is provided that the cleanup work has been completed and the materials
properly managed.
Periodic community collection events, to provide for collection and proper disposal of non-recyclable
residential waste materials for which there is not a readily available collection alternative, are eligible. This
type of project may not include regular solid waste collection activities, such as weekly waste collection.
Funded collection events may be held no more frequently than four times per year, and must only be
intended to provide residents an opportunity to dispose of hard-to-collect materials, such as large and
bulky items that are not picked up under the regular collection system, and might otherwise be illegally
dumped. Funding limitations specific to this category are set forth in this Section.
Educational and Traininq Proiects. Educational components are encouraged under the other categories in
order to better ensure public participation in projects; those educational components should be funded as
part of those projects and not separately under this category. This category may be used for"stand-alone"
educational projects dealing with a variety of solid waste management topics. This category may include
funding for information-exchange activities, subject to the other limitations on travel expenses. Funding
limitations specific to this category are set forth in this Section.
Programs and projects funded under this category shall be primarily related to issues involved in the
management of municipal solid waste. Education or training events that cover a broader range of
environmental issues may be funded on a partial basis appropriate to the extent to which municipal solid
waste issues are covered.
Article 05. Monitoring Requirements
NCTCOG shall conduct periodic analysis of FUNDS RECIPIENT'S performance under this Interlocal
Agreement for the purpose of assessing the degree to which contractual objectives and performance
standards, as identified in this Interlocal Agreement or as subsequently amended, are achieved by the
FUNDS RECIPIENT.
NCTCOG may periodically monitor the FUNDS RECIPIENT for:
• The degree of compliance with the terms of this Interlocal Agreement, including compliance with
applicable rules, regulations, and promulgations referenced herein;
• The administrative and operational effectiveness of the project; 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.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Article 06. Compliance with Applicable Laws
The FUNDS RECIPIENT shall, except as otherwise provided in this Interlocal Agreement, be responsible
for giving notices, obtaining any necessary licenses and permits, complying with all provisions of this
Interlocal Agreement, including, but not limited to, all applicable State, Municipal and Local laws,
ordinances, rules, regulations and order of any public authority, in connection with the work required by
this Interlocal Agreement. The main governing standards include, but may not be limited to, the following:
• §361.014. TEX. HEALTH and SAFETY CODE ANN. (as amended by H.B. 3072, 74th Texas
Legislature);
• §330.569 of the TCEQ Municipal Solid Waste Regulations (30 TAC Chapter 330); and
• The Uniform Grant and Contract Management Act, TEX. GOVT CODE ANN., §§783.001 et. Seq.,
and the Uniform Grant and Contract Management Standards, 1 Texas Administrative Code JAC),
§§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 principles.
Article 09. Release of Claims
Upon satisfactory completion of the work performed hereunder and prior to final payment under this
Agreement for such work, or prior to settlement upon termination of this Agreement, and as a condition to
final payment/settlement, the FUNDS RECIPIENT shall execute and deliver to NCTCOG a release of all
claims against NCTCOG arising under or by virtue of this Interlocal Agreement.
Article 10. Access/Examination of Records
The FUNDS RECIPIENT shall maintain and make available for review, inspection and/or audit books,
records, documents, and other evidence reasonably pertinent to performance on all work under this
Interlocal Agreement, including but not limited to, negotiated changes or amendments thereto, in
accordance with accepted professional practice, appropriate accounting procedures and practices at the
FUNDS RECIPIENT's office. During the conduct of any such review, audit or inspection, the FUNDS'
RECIPIENT'S books, records, and other pertinent documents may, upon prior conference with the FUNDS
RECIPIENT, be copied by NCTCOG. All such information shall be handled by the parties in accordance
with good business ethics. The FUNDS RECIPIENT shall provide proper facilities for such access and
inspection.
The FUNDS RECIPIENT shall also maintain and make available at its designated location the financial
information and data used by the FUNDS RECIPIENT or its designee (including independent financial
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
auditors) in the preparation and support of any cost submission or cost (direct and indirect), price or profit
analysis for this Interlocal Agreement or any negotiated Sub-Agreement or change order, and a copy of
the cost summary shall be submitted to NCTCOG.
NCTCOG, or any of its duly authorized auditors or representatives, shall have access to such books,
records, documents, and other evidence for the purpose of review, audit or inspection.
The records to be thus maintained and retained by FUNDS RECIPIENT shall include (without limitation):
• personnel and payroll records, including social security numbers and labor classifications,
accounting for total time distribution of FUNDS RECIPIENT'S employees working full or part time
on the work, as well as canceled payroll checks or signed receipts for payroll payments in cash;
• invoices for purchases, receiving and issuing documents and all other unit inventory records for
FUNDS RECIPIENT'S stocks or capital items; and
• paid invoices and canceled checks for materials purchased, subcontractor costs, and/or and any
other third parties' charges.
Records under section (a) above shall be maintained and made available during the entire period of
performance of this Interlocal Agreement and until three (3) years from the date of the final NCTCOG
payment for the project. In addition, those records which relate to any dispute, litigation, or the settlement
of claims arising out of such performance, or costs or items to which an audit exception has been taken,
shall be maintained and made available until completion of such action and resolution of all issues which
arise from it, or until the end of the three-year period, whichever is later.
Access to records is not limited to the required retention periods. The authorized representatives
designated in Attachment D, Article 17 of this Interlocal Agreement shall have access to records at any
reasonable time for as long as the records are maintained. Access to records applies to financial records
pertaining to all sub-agreements and related changes, to the extent the records reasonably pertain to sub-
agreement performance; if there is any indication that fraud, gross abuse or corrupt practices may be
involved; or if the sub-agreement is terminated for default or for convenience. NCTCOG reserves the right
to require reimbursement of any over-payments determined as a result of any audit or inspection of
records kept by the FUNDS RECIPIENT on work performed under this Interlocal Agreement.
Article 11. Audits
The FUNDS RECIPIENT shall provide assurances that, if funded, the FUNDS RECIPIENT will comply with
the Single Audit provisions of the UGMS, prepared by the Governor's Office under §§783.001 et.seq,
Texas Government Code, and 1 TAC §§5.141 et.seq, Governor's Office Regulations. Provisions of the
Single Audit Circular in Part IV 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.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
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 UGMS. The FUNDS RECIPIENT shall notify
NCTCOG immediately upon discovery of any potential or actual conflict of interest. The FUNDS
RECIPIENT agrees that NCTCOG and TCEQ have sole discretion to determine whether a conflict of
interest exists and that NCTCOG may terminate this Interlocal Agreement at any time, on the grounds of
actual or apparent conflict of interest.
The FUNDS RECIPIENT shall notify NCTCOG in writing of any actual, apparent, or potential conflict of
interest regarding any individual performing or having access to information regarding the services in
question. As applicable, the notification shall include both organizational conflicts of interest and personal
conflicts of interest. Any individual with a personal conflict of interest shall be disqualified from taking part
in any way in the performance of any services that created the conflict of interest.
Article 15. Survival of Obligations
All representations, indemnification's, warranties and guarantees made in, required by or given in
accordance with this Interlocal Agreement, as well as all continuing obligations indicated in this
agreement, will survive final payment, completion and acceptance of the service and termination or
completion of the Interlocal Agreement.
Article 16. Contractual Costs
The FUNDS RECIPIENT'S contractual costs must comply with allowable cost requirements. FUND
RECIPIENTS who are governmental entities must engage in contractor selection on a competitive basis in
accordance with their established policies. If the FUNDS RECIPIENT has no competitive procurement
policy, the FUNDS RECIPIENT must generally select contractors by evaluation and comparison of price,
quality of goods or services and past performance. All sub-agreements/subcontracts awarded by the
FUNDS RECIPIENT under this Interlocal Agreement shall be in accordance with the (UGMS).
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Article 17. Changes to Interlocal Agreement
A Major Change will include one or more of the following:
(1) An increase or decrease in the amount of compensation to the FUNDS RECIPIENT;
(2) An extension or shortening of the term of the Agreement;
(3) A significant change in the scope of the Agreement or the services to be performed; or
(4) Any action that is beyond the authority of NCTCOG's Executive Director.
Implementation of a Major Change must be preceded by a formal written amendment to the agreement.
The amendment must contain a description of the proposed change and shall be signed by persons
authorized to bind each party in contract. Any amendment that exceeds the contractual authority of
NCTCOG's Executive Director also requires the consent, at Agenda, of a majority of NCTCOG's Executive
Board.
Any proposed change that is not a Major Change may qualify as a Minor Change. A Minor Change shall
require the written agreement of both Project Representatives but shall not require a formal amendment to
the contract. A copy of the authorization must be retained in the appropriate file of both the FUNDS
RECIPIENT and NCTCOG.
If the FUNDS RECIPIENT requests a Minor Change and the Project Representative does not approve the
request as a Minor Change, then the change shall be deemed a Major Change and the FUNDS
RECIPIENT may only obtain authorization to proceed by a formal written amendment to this Interlocal
Agreement.
Article 18. Severability
All parties agree that should any provision of this Interlocal Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Interlocal Agreement, which shall
continue in full force and effect.
Article 19. Intellectual Property
For the purpose of this Article, "intellectual property" refers to:
• Any discovery or invention for which patent rights may be acquired;
• Any photographs, graphic designs, plans, drawings, specifications, computer programs, technical
reports, operating manuals, or other copyrightable materials; and;
• Any other materials for which intellectual property rights may be obtained.
If the FUNDS RECIPIENT first conceives of, actually puts into practice, discovers, invents, or produces
any intellectual property during the course of its work under this Agreement, it shall report that fact to
NCTCOG.
The FUNDS RECIPIENT may obtain governmental protection for rights in the intellectual property.
However, 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. 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.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
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 NCTCOG harmless for, and to the extent permitted by the laws and
Constitution of the State of Texas, defend and indemnify 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 NCTCOG that the technology provided
to 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 NCTCOG Project Representative as specified under Attachment D, Article 18. 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 NCTCOG
and shall be public data and information, with exception to the extent it is exempt from public access by
the Texas Open Records/Public Information Act, Vernon's TEX. GOV'T CODE § 552. Upon termination of
this Agreement, all data and information shall become the joint property of NCTCOG and the FUNDS
RECIPIENT.
Article 22. Assignability
This Interlocal Agreement is not transferable or otherwise assignable by the FUNDS RECIPIENT without
the written consent of NCTCOG. Any attempted transfer is void without the written consent of NCTCOG.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Article 23. Sub-agreements and Subcontracts
All contractual expenditures using funds provided under this Interlocal Agreement shall meet UGCMA, and
all procurement laws, applicable to the FUNDS RECIPIENT and subcontractor, including the Professional
Services Procurement Act. Note that the Common Rule of OMB Circular A-102, as adopted in the
UGCMA, precludes the use of the cost plus, a percentage of cost method of contracting.
Any subcontractor acquired by the FUNDS RECIPIENT in connection with the services covered by this
Interlocal Agreement will be limited to such individuals or firms, scope of work, and budget amounts as are
specifically (1) identified herein; or as (2) approved by NCTCOG during the performance of this Interlocal
Agreement prior to execution of a contract with the subcontractor. Any substitution in such subcontractor,
the scope of work, and budget amounts will be subject to the prior written approval of NCTCOG.
The FUNDS RECIPIENT shall be responsible for the management and fiscal monitoring of all
subcontractors. The FUNDS RECIPIENT shall ensure that all subcontractors comply with Article 10,
Access/Examination of Records and all other provisions required by this Interlocal Agreement. NCTCOG
reserves the right to perform an independent audit of all subcontractors.
Funds provided by NCTCOG pursuant to this Interlocal Agreement that are paid to the subcontractor shall
be used by the subcontractor solely to satisfy the purposes of this Interlocal Agreement.
Article 24. Supplemental Funding Standards
In addition to the standards set forth in applicable laws and regulations, the standards outlined below
apply to all uses of the funds provided under this Interlocal Agreement including the implementation
projects awarded funds by the FUNDS RECIPIENT. Unless authorization is otherwise specifically
provided for in or under the terms of this Interlocal Agreement, the use of funds provided under this
Interlocal Agreement, to include funds provided for pass-through grants, shall be in accordance with the
supplemental funding standards set forth in this Article.
Payment of Fees. Local and regional political subdivisions subject to the payment of state solid waste
disposal fees and whose payments are in arrears are not eligible to receive grant funding.
Land Acquisition Costs. Funds provided under this Interlocal Agreement may not be used to acquire
land or an interest in land.
Municipal Solid Waste-Related Programs Only. Funds provided under this Interlocal Agreement may
not be used for programs dealing with wastes that are not considered municipal solid waste , including
programs dealing with industrial or hazardous wastes.
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 HHW
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 MSW disposal.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
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; and 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.
Proiects Requiring a TCEQ Permit. Funds may not be used for expenses related to projects or
facilities that require a permit from 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 TCEQ, at its discretion, for otherwise eligible activities o 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 TCEQ as to the eligibility of the project
prior to consideration for funding.
Projects Requiring TCEQ Registration. Projects or facilities that require registration from TCEQ, and
which are otherwise eligible for funding, may be funded. However, the registration for the facility must
be finally received before that project can be selected for funding.
Projects that Create a Competitive Advantage Over Private Industry. In accordance with §361.014(b)
of the Texas Health and Safety Code, a project or service funded under this Interlocal Agreement must
promote cooperation between public and private entities and may not be otherwise readily available or
create a competitive advantage over a private industry that provides recycling or solid waste services.
Under this definition, the term private industry includes non-profit entities.
Supplanting Existing Funds. Funds provided under this Interlocal Agreement may not be used to
supplant existing funds. In particular, staff positions where the functions assigned to that position will
remain the same and that were active at the time of the project application, and were funded from a
source other than a previous solid waste project, are not eligible for project funding. This provision
does not apply to the salaries for staff of the FUNDS RECIPIENT in its conduct of activities under this
Interlocal Agreement.
Food/Entertainment Expenses. Funds provided under this Interlocal Agreement may not be used for
food or entertainment expenses, including refreshments at meetings and other functions. This
provision does not apply to authorized employee per diem expenses for food costs incurred while on
travel status.
Use of Alcoholic Beverages. Funds provided under this Interlocal Agreement may not be used for
payment of salaries to any employee who uses alcoholic beverages on active duty. None of these
funds may be used for the purchase of alcoholic beverages, including travel expenses reimbursed with
these funds.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Funds to Law Enforcement Agencies. Funds provided under this Interlocal Agreement may not be
provided to any law enforcement agency regulated by Chapter 415 of the Texas Government Code,
unless the law enforcement agency is in compliance with all rules developed by the Commission on
Law Enforcement Officer Standards and Education pursuant to Chapter 415 of the Texas Government
Code, or the Commission on Law Enforcement Officer Standards and Education certifies that the
requesting agency is in the process of achieving compliance with such rules.
Article 25. Americans with Disabilities Act Requirements
The FUNDS RECIPIENT shall comply with all applicable requirements of the Americans with Disabilities
Act of 1990, 42 U.S.C. §§ 12101- 12213 (Pamph. 1995).
Article 26. Employment Practices
The FUNDS RECIPIENT agrees that in the performance of this Interlocal Agreement, it will not
discriminate against any employee or applicant because of race, religion, color, sex, age, or national origin
and it will comply with Executive Order 11246, entitle "Equal Employment Opportunity", as amended by
Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR Part 60). The
FUND RECIPIENT assures that no person will, on the grounds of race, creed, color, handicap, national
origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subject to
discrimination under any program or activity funded in whole or part under this Interlocal Agreement,
Article 27. Statutes Relating to Nondiscrimination
The FUNDS RECIPIENT shall comply with all applicable state and federal statutes relating to
nondiscrimination that include, but are not limited to, those listed in the UGMS.
Article 28. Utilization of Small, Minority, and Women's Business Enterprises
The FUNDS RECIPIENT agrees that qualified Historically Underutilized Businesses shall have the
maximum practicable opportunity to participate in the performance of this Interlocal Agreement.
Article 29. 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 30. 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 31. Force Majeure
A force majeure event shall be defined to include governmental decrees or restraints, acts of God (except
that rain, wind, flood or other natural phenomena normally expected for the locality shall not be construed
as an act of God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war,
rebellion, and sabotage.
Provided this Interlocal Agreement is still in force, and subject to the conditions below, if a delay or failure
of performance by either party results from the occurrence of a force majeure event, the delay shall be
36
Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
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.
NCTCOG shall be responsible for costs related to a force majeure event, only if they are incurred by the
FUNDS RECIPIENT after the prior written request by the NCTCOG Project Representative, to incur such
costs. Neither NCTCOG nor the FUNDS RECIPIENT shall have, and both hereby waive, any claim
whatever for any damages resulting from delays caused by force majeure events.
Article 32. Termination of Interlocal Agreement
This Interlocal Agreement shall terminate upon full performance of all requirements contained herein,
unless this Interlocal Agreement is amended in writing.
This agreement may be terminated in whole or in part in writing by either contracting party in the event of
substantial failure by the other party to fulfill its obligation under this Interlocal Agreement through no fault
of the terminating party, provided that no such termination may be effected unless the other party is given:
• Not less than ten (10) days written notice (delivered by certified mail, return receipt requested) of
intent to terminate; and an opportunity for consultation with the terminating party prior to
termination.
• This Interlocal Agreement may be terminated in whole or in part in writing by NCTCOG for its
convenience, provided that the FUNDS RECIPIENT is given not less than ten (10) calendar days
written notice (delivered by certified mail, return receipt requested) of intent to terminate.
Circumstances in which NCTCOG may terminate for convenience include, but are not limited to,
the Texas Legislature's withdrawal of appropriations for this project or the FUNDS RECIPIENT'S
continued or repeated failure to perform tasks and submit reports in a complete, correct and
consistent manner.
• If termination for default of this Article, or for reduction or loss of Legislative appropriations of this
Article is effected by NCTCOG, an adjustment in the Interlocal Agreement amount shall be made,
but: no amount shall be allowed for anticipated profit on unperformed services, tasks or other work;
and
• Any payment due the FUNDS RECIPIENT at the time of termination may be adjusted to the extent
of any reasonable additional costs incurred by NCTCOG by reason of the FUNDS RECIPIENT'S
default. The equitable adjustment for any termination shall provide for payment to the FUNDS
RECIPIENT for services rendered and expenses incurred by the FUNDS RECIPIENT relating to
contracts entered into prior to the termination, in addition to termination settlement costs
reasonably incurred by the FUNDS RECIPIENT relating to contracts entered into prior to the
termination.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Upon receipt of a termination notice the FUNDS RECIPIENT shall promptly discontinue all services
affected (unless the notice directs otherwise); and deliver or otherwise make available to NCTCOG all
data, drawings, specifications, reports, estimates, summaries, and such other information, materials, and
equipment as may have been accumulated by the FUNDS RECIPIENT in performing this Interlocal
Agreement, whether completed or in progress.
Upon termination of this Interlocal Agreement, NCTCOG may take over the work and prosecute the same
to completion by agreement with another party or otherwise. If, after termination for failure of the FUNDS
RECIPIENT to fulfill its contractual obligations, it is determined that the FUNDS RECIPIENT had not so
failed, the termination shall be deemed to have been effected for the convenience of NCTCOG.
If any delay or failure of performance is attributed to an event as defined in Force Majeure, the FUNDS
RECIPIENT may in its sole discretion terminate this Interlocal Agreement in whole or in part. If such
termination is effected, an equitable adjustment shall be made in accordance with this Article.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
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 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.
Cost sharing or matching: The value of the third party in-kind contributions and the portion of the costs
of a state assisted project or program not borne by the state.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Cost-type Contract: A contract or subcontract under a grant in which the FUNDS RECIPIENT or
subcontractor is paid on the basis of the costs it incurs, with or without a fee.
Equipment: Tangible, non-expendable, personal property having a useful life of more than one year and
an acquisition cost of$5,000 or more per unit. A FUNDS RECIPIENT may use its own definition of
equipment provided that such definition would include all equipment defined above.
Expiration Date of the Interlocal Agreement: The date indicated in the Interlocal Agreement as the date
that the Interlocal Agreement terminates (end date of the Interlocal Agreement).
Financial Completion: In the opinion of the Funding Agency (NCTCOG and TCEQ), the work as outlined
in the Interlocal Agreement is complete.
Funding Agency: The Texas Commission on Environmental Quality through the North Central Texas
Council of Governments.
Government: A federal or state agency or a local government.
Historically Underutilized Business: As defined by Texas law and delineated in the State Purchasing
and General Services Act, as amended September 1, 1995, a historically underutilized business as a
corporation or a partnership in which fifty-one percent (51%) or more of the corporation's stock (or other
equitable securities) or partnership's assets and interest are owned by one or more socially disadvantaged
persons, who have a proportionate interest and actively participates in the corporation or partnership
control, operation, and management. If the business is a sole proprietorship, the socially disadvantaged
person must completely own, operate and control the business. Socially disadvantaged persons include
members of certain groups including African Americans, Hispanic Americans, American Women, Asian
Pacific Americans, and Native Americans.
Intellectual Property: (1) any and all inventories, discoveries, improvements, or creations for which
copyright, trade secret, patent or other proprietary rights may be acquired, (2) any photographs, graphic
designs, plans, drawings, specifications, computer programs, computer files, documentation, technical
reports, operating manuals, or other copyrightable materials, and (3) any other work fixed in any tangible
medium of expression which can be perceived, reproduced, or otherwise communicated for which
copyright, trade secret, patent or other proprietary rights may be acquired.
Intellectual Property Rights: Patents, trademarks, trade secret rights, confidential information rights or
any other proprietary rights to which a person may be entitled or may actually possess. Intellectual
Property Rights include all rights of ownership and original authorship throughout the world.
Interlocal Agreement: The "NCTCOG Interlocal Agreement" which contains the salient terms of the
Agreement between the FUNDS RECIPIENT and NCTCOG and covers the work to be performed; also
describes and includes any additional agreement documents which may be attached to the Interlocal
Agreement and made a part thereof as provided therein.
Laws and Regulations: Any and all applicable laws, rules, regulations, ordinances, codes and other
orders of any and all governmental bodies, agencies, authorities and courts having jurisdiction.
Liens: Charges, security interests, liens or encumbrances upon real property or personal property.
Local government: Local and regional political subdivisions located within the State of Texas. The
meaning is broaden to include eligible recipients of solid waste pass-through grant funds: cities; counties;
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
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 change 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 the 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 FUNDS 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 TCEQ's portion of real property, equipment or supplies, means the same
percentage as the TCEQ's portion of the acquiring party's total costs under the grant to which the
acquisition cost of the property was charged. Only costs are to be counted, not the value of the third-party
in-kind contributions.
Standards: The Uniform Grant Management Standards.
State: The State of Texas.
Subcontractor: An individual, firm, corporation or local government having a direct contract with the
FUNDS RECIPIENT or with any other subcontractor for the performance of a part of the work identified in
the Interlocal Agreement.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Supplies: Generally relates to the routine purchase of office supplies (paper, pencils, staples, etc.) or
other goods that are consumed in a relatively short period of time in the regular performance of general
office activities.
Suspension: (1) temporary withdrawal of the authority to obligate project funds pending corrective action
by the FUNDS RECIPIENT, or sub-grantee or a decision to terminate the grant, or (2) an action taken by a
FUNDING AGENCY official in accordance with the Interlocal Agreement, State or Federal law, or
Regulations to immediately exclude a person from participating in grant transactions for a period, pending
completion of an investigation and such legal or debarment proceedings as may ensue.
Termination: Permanent withdrawal of the authority to obligate previously-awarded project funds before
that authority would otherwise expire. It also means the voluntary relinquishment of that authority by the
FUNDS RECIPIENT or sub-grantee. "Termination" does not include (1) withdrawal of funds awarded on
the basis of the FUND RECIPIENT'S underestimate of the unobligated balance in a prior period; (2)
withdrawal of the unobligated balance as of the expiration of a grant; (3) refusal to extend a grant or award
additional funds to make a competing or noncompeting continuation, renewal, extension or supplemental
award; or (4) voiding of a grant upon determination that the award was obtained fraudulently or was
otherwise illegal or invalid from inception.
Unliquidated Obligations: For reports prepared on a cash basis, means the amount of obligations
incurred by the FUNDS RECIPIENT that has not been paid. Reports prepared on an accrued expenditure
basis represent the amount of obligations incurred by the FUNDS RECIPIENT for which an outlay has not
been recorded.
Unobligated Balance: The portion of the funds authorized by the FUNDING AGENCY that has not been
obligated by the FUNDS RECIPIENT, and is determined by deducting the cumulative obligation from the
cumulative funds authorized.
Work: The entire completed services or the various separately identifiable parts thereof required to be
furnished under this Interlocal Agreement. Work includes and is the result of performing or furnishing
labor, services, materials or equipment as required by the Interlocal Agreement.
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Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Appendices
(Each form is not required for every project. Please use only those forms that are applicable to your specific grant.)
I. SUMMARY/RESULTS REPORT OF GRANT-FUNDED PROJECT
• STATUS OF COMPLETION OF WORK TASKS FORM
• RESULTS REPORT FORMS
❑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 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: EDUCATIONAL AND TRAINING PROJECTS (stand-alone projects)
ll. REIMBURSEMENT REQUEST FORM plus SUPPLEMENTAL FORM(s)
❑FORM A Itemization Personnel/Salaries and Travel budget categories
®FORM B Itemization of Equipment and Construction Costs
❑FORM C Itemization of Contractual Expenditures
®FORM D Itemization of Supplies and the Other expenditures
®FORM E Itemization of In-kind Services
III. REQUEST FOR BUDGET REVISION FORM
IV. RELEASE OF CLAIMS
ALL forms are located at the following website:
http://www.nctcog.org/envir/SEELT/funding/report forms.asp
43
Grant Project Number 14-04-G04 City of Fort Worth Recycling Roll Off/Bins/Big Bellys
Enter text in each field below to update the header information.
Grant Project Number 14-04-G00 Funds Recipient Project Title
44
M&C Review Page I of 3
Official site of the City of Fort Worth,Texas
COUNCIL AGENDA FoRTWORT11
COUNCIL ACTION: Approved on 31412014 - Ordinance No. 21135-03-2014
REFERENCE ** 23NCTCOG-2014 SOLID-
DATE: 3/4/2014 NO : G-18131 LOG NAME: WASTE-IMPLEMENTATION
CODE: G TYPE: CONSENT PUBLIC NO
NO
SUBJECT: Authorize Application for and Acceptance of, if Awarded, Multiple Grants from the North
Central Texas Council of Governments in the Amount of$286,915.00 for the 2014 Solid
Waste Implementation Grant Program,Authorize Use of Funds for In-Kind Match and
Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the application for and acceptance of, if awarded, the following grants from North
Central Texas Council of Governments 2014 Regional Solid Waste Implementation Grant Program:
a. Increase Recycling Infrastructure in the amount of$96,725.00;
b. Renovate and Improve a Compost Demonstration site at the Fort Worth Botanic
Garden in the amount of$67,990.00;
c. Use Outreach and Education Programs to Change Attitudes about Source Reduction, Reuse
and Recycling in the amount of$122,200.00;
2. Authorize the use of funds from the Solid Waste Fund in the amount up to $21,406.00 as in-kind
match for all three grants; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in
the Grants Fund in the amount up to $308,321.00, upon receipt of any or all three grants.
DISCUSSION:
The Solid Waste Division of Code Compliance is applying for the following grants:
Increase Recycling Infrastructure ($96.725.00)
This grant project will benefit residents of Fort Worth by providing recycling opportunities as they attend
school, conduct business and enjoy recreational activities in Fort Worth. It will offer residents and visitors
recycling on the go in Fort Worth, reinforcing recycling at home and creating a positive feedback loop for
recycling in all areas of life. The grant funds will be used to purchase recycling containers.
Partners on this project to increase recycling infrastructure include:
Fort Worth Parks and Community Services Department
Fort Worth Schools
Fort Worth Zoo
Will Rogers Memorial Center of the Fort Worth Public Events Department
Fort Worth City Hall
Renovate and Improve a 110 acre Compost Demonstration Site at the Fort Worth Botanic Garden
($67,990.00)
Over the past 10 years, changes at the compost outpost have lead staff to determine that it is best if the
compost outpost was relocated '/z mile from its current location to a new location adjacent to the Backyard
Vegetable Garden - a demonstration garden that is open to the public throughout the year with over 5,000
school children visiting annually for school gardening programs. Benefits of moving the compost outpost:
Location more visible to visitors
http://apps.cfwnet.org/council_packet/mc review.asp?ID=19547&councildate=3/4/2014 7/30/2014
M&C Review Page 2 of 3
Location is adjacent to all other Botanic Garden educational programs
More accessible location for staff to drop off compostable materials and retrieve ready to use compost for
the Garden
Approximately 5,000 children visit the Backyard Vegetable Garden area during annual school programs
Increased space for conducting group programs
Better demonstration of how garden waste can be safely composted
Use Outreach and Education Programs to Change Attitudes about Source Reduction, Reuse and
Recycling ($122,200.00)
Through an integrated marketing and education campaign this grant project will raise awareness of the
Texas Commission on Environmental Quality (TCEQ)websites, local e-waste recycling opportunities and
help reduce a-waste from being improperly disposed. This collaborative program will build on each partners'
existing programs and will develop opportunities to bring further awareness to recycling e-waste.
Grant Project Partners*:
Municipality Population
Fort Worth 777,992
Allen 89,640
Arlington 375,600
Dallas 1,241,162
Denton 121,123
Grand Prairie 181,824
Irving 229,985
Lewisville 99,453
Plano 272,068
Total 3,388,847
*These communities are all members of the Texas Product Stewardship Council which works to forward
awareness of product stewardship programs such as Texas RecyclesCom puters.o rg and
Texas RecyclesTV's.org
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations,
receipt of the grant, and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund. Funds will be made available by the Grantor
after announcement of the award.
TO Fund/Account/Centers FROM Fund/Account/Centers
(1) GR76 451409 023203707000 $286,915.00
(1)GR76 5 $286,915.00
(MULTIPLE) 023203707XXX
(2) GR76 488339 023203707000 $21,406.00
(2) GR76 522100 023203556020 $21,406.00
Submitted for City Manager's Office by: Charles Daniels (6199)
Originating Department Head: Brandon Bennett (6322)
Additional Information Contact: Kim Mote (5153)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19547&councildate=3/4/2014 7/30/2014
M&C Review Page 3 of 3
23NCTCOG2014 SOLID WASTE IMPLEMENTATION A014LC.docx
http://apps.cfwnet.org/council 7/30/2014