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Home My WebLink About1997-115C \YPDOCS\RES\DROP-OFF ORD NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT FOR A SOLID WASTE PROJECT PERTAINING TO THE CONSTRUCTION OF A LANDFILL RECYCLING DROP-OFF FACILITY, BETWEEN THE CITY AND THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; AUTHORIZING THE CITY TO ACCEPT A GRANT FROM THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THROUGH A SUBCONTRACT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; AUTHORIZING THE CITY MANAGER TO EXPEND MATCHING FUNDS RELATED THERETO; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Natural Resources Conservation Commission ("TNRCC") has contracted with the North Central Texas Council of Governments ("NCTCOG") by the authority granted in the Current Appropriations Act; §5.229 of the Texas Water Code; and Chapter 371 of the Texas Health & Safety Code; and WHEREAS, funding for the city's Solid Waste Project providing for the construction of a recycling drop-off facility at the City's present landfill site (the "Project") are currently available from the Solid Waste Disposal Fund, through TNRCC Contract Number 61060400061 with the NCTCOG; and WHEREAS, the City has applied to the NCTCOG for a grant requesting a substantial portion of the funding of the project, to the extent of $54,355.00, and the City's application has been granted by NCTCOG; and WHEREAS, the City, in order to receive the funds from NCTCOG respecting said grant, must execute a "North Central Texas Council Of Government's Interlocal Agreement For Solid Waste Project" (Subcontract No. 97-04-G32 hereinafter the "Interlocal Agreement"), as a subcontractor to the NCTCOG in order to complete the project and be entitled to the grant funds from the NCTCOG, serving as contractor; and WHEREAS, the acceptance of the grant funds and the construction of a Recycling Drop -Off facility at the existing City landfill will result in a direct benefit to the City of Denton and will enhance the City being able to more effectively deal with solid waste issues; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council authorizes and directs the City Manager to execute the North Central Texas Council Of Government's Interlocal Agreement For solid Waste Project (Subcon- tract No. 97-04-G32) on behalf of the City of Denton, providing for the construction of a recycling drop-off facility at the site of the existing city landfill, a copy of which agreement is attached hereto and incorporated by reference herewith, along with any other documents, certifications or agreements necessary to obtain the grant and to complete the Project. SECTION Ii. That the City Council hereby accepts the grant from the Texas Natural Resource Conservation Commission, and authorizes and directs the City Manager to execute the attached agreement between the City and the North Central Texas Council of Governments to substantially fund the costs of construction of the recycling drop-off facility at the site of the present City landfill. SECTION III. That the City Manager is hereby authorized to expend matching funds provided by the City, totalling $10,556.00 for completion of the recycling drop-off facility, as provided in the subcontract. SECTION IV, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1997• JACI LLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY n_ BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Main Contract # 6106040061 Subcontract # 9 -0 - 3 NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS INTERLOCAL AGREEMENT FOR SOLID WASTE PROJECT The Texas Natural Resource Conservation Commission has certified that it has the authority to contract with North Central Texas Council of Governments by authority granted in the Current Appropriations Act, Texas Water Code, section 5 229 and Texas Health and Safety Code, Chapter 371 Funds for this subcontract are currently available from the Solid Waste Disposal Fund, through Texas Natural Resource Conservation Commission contract #6106040061 with North Central Texas Council Of Governments The NCTCOG has certified, and the SUBCONTRACTOR certifies that it has authority to perform the services contracted for by authority granted in 'The Interlocal Cooperation Act,' Texas Government Code, Chapter 791 This Interlocal Agreement is entered into by and between the parties named below Neither TNRCC nor the State of Texas is a party to this Interlocal Agreement I CONTRACTING PARTIES The Contractor North Central Texas Council of Government Herein referred to as "NCTCOG" The Subcontractor City of Denton Herein referred to as "SUBCONTRACTOR" II SERVICES TO BE PERFORMED See "Attachment B - Work Program and Schedule of Deliverables of SUBCONTRACTOR" III BUDGET AND PAYMENT PROCEDURES See "Attachment C - Budget and Payment" IV ADDITIONAL CONTRACT PROVISIONS See "Attachment A - Special Provisions & Attachment D - General Provisions" COUNCIL OF GOVERNMENT North Central Texas Council of Governments Signature — Mike Eastland Name Executive Director Title pate °F11'7 ATTEST JENNIFER IiALTERS, CITY SECRETARY SUBCONTRACTOR City of Denton Subcontracttoo 17 .l _ Signature Ted Benavides Name city Manager Title APPROVED AS TO LEGAL FORM HERBERT L. PROUTY, CITY ATTORNEY BY IS Y Nort ntral xas Council of Governments - City of Denton Landfill Main Contact # 6106040061 Subcontract # 97-04•G32 North Central Texas Council of Governments Solid Waste Interlocal Agreement Table of Contents Attachment A Special Provisions Article 1 Period of Performance Article 2 Scope of Services Article 3 Obligations Article 4 Identification of the Funding Source Article 5 Reporting Requirements Article 6 Monitoring Requirements Article 7 Compliance with Applicable Laws Article 8 Prohibited Uses and Activities Article 9 Authorized Representatives Article 10 Theme Phrase For Public Education Materials Article 11 Equipment Article 12 Construction Article 13 Other Expenses Attachment B Work Program and Schedule of Deliverables Attachment C Budget Attachment D General Provisions Article 1 Legal Authority Article 2 Scope of Services Article 3 Purpose Article 4 Types of Solid Waste Implementation Projects & Applicant Article 5 Examination of Records Article 6 Insurance and Liability Article 7 Audits & Accounting Systems Article 8 Amendments to Interlocal Agreement Article 9 Termination of Interlocal Agreement Article 10 Severability Article 11 Copyright Clause Article 12 Employment Practices Article 13 Oral and Written Agreements Article 14 ADA Requirements Article 15 Disadvantaged Businesses Article 16 Force Majeure Article 17 Entire Interlocal Agreement Appendix - Report Forms Bimonthly Report Final Report/Special Form - Forms R1 & R1a Financial Report Form North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 2 North Central Texas Council of Governments Solid Waste Interlocal Agreement Attachment A Special Provisions Article 1 Period of Performance The period of performance of this agreement begins on March 14, 1997 and ends on Auaust 31. 1997 Article 2 Scope of_Services All parties agree that the SUBCONTRACTOR, in consideration of compensation hereinafter described, shall provide the services with NCTCOG as specifically described in Attachment B of this Agreement and will follow the Special and General Provisions The SUBCONTRACTOR agrees to implement the Project according to the agreed upon budget shown in Attachment C of this agreement Article 3 Obliciatlons (a) Measure of Liability In consideration of full and satisfactory performance hereunder, NCTCOG will be liable to SUBCONTRACTOR in an amount equal to the actual costs incurred by SUBCONTRACTOR in rendering such performance, subject to the following limitations 1 NCTCOG is not liable for expenditures made in violation of , Article 8, of this Attachment which outlines prohibited activities as defined by the Texas Natural Resource Conservation Commission (TNRCC), as excerpted from "General Provisions for Texas Natural Resource Conservation Commission's List of Prohibited Activities " 2 NCTCOG is not liable for any costs incurred by SUBCONTRACTOR in the performance of this agreement which have not been billed to NCTCOG within thirty (30) days following termination of this agreement 3 NCTCOG is not liable to SUBCONTRACTOR for costs incurred or performance rendered by SUBCONTRACTOR for costs incurred by SUBCONTRACTOR before commencement of this agreement or after termination of this agreement 4 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 Federal OMB Circular A-87 North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 3 (b) Method and Schedule of Payment 1 Request for Reimbursement/Financial Report SUBCONTRACTOR may submit a request for reimbursement no more often than once a month, by the tenth day following the end of each month for which expenditures are claimed SUBCONTRACTOR must use the required Financial Report form with original signatures and provide documentation (invoices, etc ) if any construction, equipment or contractual expenses are claimed Expenses must be itemized on each Financial Reporting/Request for Reimbursement form Allowable expenditures are those authorized per the approved budget, Attachment C The Financial Report/Request for Reimbursement should be sent to the NCTCOG Project Representative listed in exhibit A-1 2 For all requests for reimbursement of equipment, payments will only be approved if the NCTCOG Project Representative has certified, in writing, that the equipment has been purchased and delivered to the SUBCONTRACTOR 3 Payments Upon review and approval of each such financial report/request for reimbursement, NCTCOG will make payment to SUBCONTRACTOR not to exceed the total approved budget of the grant project No payment on any submitted claim for reimbursement shall be made if the balance for any single budget category identified in Attachment C of this Interlocal Agreement reflects a deficit of (i) more than ten percent (10%) for budget categories having approved amounts of $1,000, or greater, or (u) more than fifteen percent (15%) for budget categories having approved budget amounts of less than $1,000, 4 The final Financial Report/Request for Reimbursement must be submitted within 30 days of the end of the project (September 30, 1997) Article 4 Identification of the Funding Source The SUBCONTRACTOR shall give credit to the Texas Natural Resource Conservation Commission and the North Central Texas Council Of Governments as the funding source in all oral presentations, written documents, publicity, and advertisement regarding any activities which are described in the Work tasks covered by this Agreement Article 5 Project Reporting Requirements (a) The SUBCONTRACTOR shall prepare and submit to the NCTCOG, a bimonthly written progress report concerning performance under this Interlocal Agreement documenting accomplishments and units of work performed under Attachment B of this agreement See Appendix for Bimonthly Report format The SUBCONTRACTOR'S bimonthly progress reports should contain descriptions of activities for the NCTCOG to ensure that the provisions of this Interlocal Agreement are being complied with In particular, any legal research and related legal activities shall be clearly detailed in the bimonthly progress reports in order to assure the NCTCOG that the activities are not prohibited under Article 8 of this Interlocal Agreement (relating to Prohibited Activities) The SUBCONTRACTOR shall comply with any reasonable request by the NCTCOG for additional information on activities conducted in order for the NCTCOG to adequately monitor the SUBCONTRACTOR'S progress in completing the requirements of and adhering to the provisions of this Interlocal Agreement North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 4 (b) A final progress report shall be provided in conjunction with the final request for payment under this Interlocal Agreement, but, in no case later than 30 days after the end of the Interlocal Agreement period (September 30, 1997) Payments (reimbursements) required under this Interlocal Agreement may be withheld by the NCTCOG until such time as any past due progress reports are received The final report shall consist of the completed forms R1 and R1 a See Appendix, for the Final Report forms (c) The SUBCONTRACTOR shall prepare and submit to NCTCOG one Special Report documenting the success of the grant project and its general impact on the community The Special Report will be due one year after the final report is due (September 30, 1998) The Special Report shall consist of the completed forms R1 and Ria See Appendix, for the Special Report Forms (d) The SUBCONTRACTOR'S failure to comply with the requirements of this Article shall constitute a breach of this Interlocal Agreement Article 6 Monitoring Requirements (a) NCTCOG may periodically monitor SUBCONTRACTOR for 1 The degree of compliance with the terms of this Interlocal Agreement, including compliance with applicable rules, regulations, and promulgations referenced herein, and 2 The administrative and operational effectiveness of the project (b) NCTCOG shall conduct periodic analysis of SUBCONTRACTOR'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 SUBCONTRACTOR (c) NCTCOG Project Representative must visit the SUBCONTRACTOR facility and certify in writing that equipment is on site in order for SUBCONTRACTOR to receive reimbursement for equipment expenditures Article 7 Compliance with Applicable Laws The SUBCONTRACTOR shall give all notices and comply with all laws, ordinances, rules, regulations and order of any public authority bearing on the performance of this contract, including, but not limited to, the laws referred to in this Interlocal Agreement If the SUBCONTRACTOR or NCTCOG observes that this Interlocal Agreement is at variance therewith 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 8 Prohibited Uses and Activities Unless authorization is specifically provided in accordance with the provisions of this Attachment, the SUBCONTRACTOR shall ensure that funds provided under this contract are not used for the following activities, programs, or projects (a) Duplication of Effort Activities, projects, programs, studies, etc , that overlap or provide duplicate funding for projects under other Statc funding programs are not authorized If the NCTCOG believes that other program grant awards are inadequate to meet the needs of the North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 5 region, the NCTCOG may request that the FUNDING AGENCY (Texas Natural Resource Conservation Commission) consider authorizing the project in accordance with the provisions of Attachment A of this Interlocal Agreement (b) Land Acquisition Costs Funds may not be used to acquire land or an interest in land (c) Legislative and Lobbying Expenses Any expenses (including legal expenses, staff time, travel, phone calls, telefaxes, etc ) that are related in any way to drafting legislation, lobbying for legislation, or other political activities are not authorized (d) Food/Entertainment Expenses Funds may not be used for food or entertainment expenses, including refreshments at meetings and other functions This provision does not apply to authorized per diem expenses (a) Waste Disposal Funds may not be used for the costs of disposal of waste This restriction also applies to the disposal of household hazardous waste or the cleanup and disposal of wastes found at an illegal waste disposal site (f) Municipal Solid Waste Expenses Only Funds may be used only for programs and activities related to the management of municipal solid waste and, in particular, funds may not be used for programs and activities solely related to the management of hazardous wastes, used oil, oil filters, antifreeze, or other special wastes This provision, however, does not apply to authorized programs or facilities for the management of House Hazardous Waste For instance, a used oil collection site in itself may not be funded, but a HHW collection event (including Texas Country Clean -Ups) or permanent HHN collection facility involving the collection of used oil may be funded (g) Landf llmg Expenses Funds may not be used for expenses directly relating to landfilling of solid waste, to include the purchase of landfill -related equipment or landfill operational costs This provision, however, does not apply to the purchase and installation of scales at landfills under the appropriate grant category (h) Projects Requiring a TNRCC Permit Funds may not be used for projects or facilities that require a permit from TNRCC understate regulations This provision, however, does not apply to projects or activities that may be located on a permitted facility which, by themselves, would not require a permit and would otherwise be eligible for funding (e g , recycling collection at a permitted transfer station) (i) Projects Requiring TNRCC Registration Projects or facilities that require registration with TNRCC under state regulations, and which are otherwise eligible, may be funded However, only those expenses related to design and engineering work necessary prior to obtaining a registration may be reimbursable before the registration is finally received No actual site development, construction, equipment purchased, or similar expenses may be reimbursed prior to and until such time that a required registration is received Remember that all projects must be completed by the end of the grant term, so the amount of time necessary to obtain a registration must be considered p) Projects that Create a Competitive Advantage over Private Industry In accordance with Section 361 014(b) of the Texas Health and Safety Code, 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 North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 6 Article 9 Authorized Representatives (a) The NCTCOG hereby designates the person in Exhibit A-1, Project Representative, as the individual authorized to give direction to the SUBCONTRACTOR for the purposes of this Interlocal Agreement The NCTCOG Project Representative shall not be deemed to have authority to bind the NCTCOG in contract unless the EXECUTIVE DIRECTOR of the NCTCOG has delegated such authority (b) The SUBCONTRACTOR shall identify, as its Project Representative, the person authorized to receive direction from the NCTCOG, to manage the work being performed, and to act on behalf of the SUBCONTRACTOR The SUBCONTRACTOR'S Project Representative shall be deemed to have authority to bind the SUBCONTRACTOR in contract unless the SUBCONTRACTOR, in writing, specifically limits or denies such authority to the SUBCONTRACTOR'S Project Representative (c) Either party may change its Project Representative In addition, the Project Representative of either party may further delegate his or her authority as necessary, including any delegation of authority to a new Project Representative The party making the change in Project Representative shall provide written notice of the change to the other party North Central Texas Council of Governments - City of Denton Lancltln urop-Utt one r-ayu Exhibit A-1 The NCTCOG hereby designates the Individual below as the person to give direction to the SUBCONTRACTOR as Project Representative of NCTCOG Scott Schoonmaker PO Box 5888 616 Six Flags Drive, Suite 200 Arlington, Texas 76005-5888 TEL (817)695-9229, FAX (817)640-7806 The SUBCONTRACTOR hereby designates the individual named below as the person authorized to receive direction from the NCTCOG, to manage the work being performed, and to act on behalf of the SUBCONTRACTOR as a Project Representative Joe lalenti City of Denton 901-A Texas Street Denton, TX 76201 TEL (817)566-8467 FAX (817)383-7334 The SUBCONTRACTOR designates the following location for record access and review pursuant to Attachment A & Attachment D of this Interlocal Agreement or any other applicable provision Solid Waste Department Denton Municipal Utilities 901-A Texas Street Denton, TX 76201 Article 10 Theme Phrase For Public Education Materials The SUBCONTRACTOR shall use the phrase, 'Take It Personally""on all written documents, publicity, and advertisement materials produced for public education purposes This consistent image which will appear on all materials distributed by the SUBCONTRACTOR will promote an understanding of the program, its mission, and Its interconnectedness with other issues and programs For the NCTCOG region, the slogan for all environmental resource conservation outreach activities Is "Take It Personally"" NCTCOG shall furnish the SUBCONTRACTOR with camera-ready artwork of this phrase for printing purposes Article 11 Eaulpment (a) For the purposes of this Agreement, equipment Is defined as Items with a unit acguistlon cost of $1,000 or greater and are subject to prior approval by NCTCOG before being purchased The equipment described In the Workscope and Budget (Attachments B & C) Is approved for purchase by the SUBCONTRACTOR If equipment purchases do not legitimately serve to fulfill the scope and purpose of the grant, then NCTCOG will not reimburse the SUBCONTRACTOR for such equipment purchases North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 8 (b) SUBCONTRACTOR is expected to conform to the appropriate bid process according to the SUBCONTRACTOR'S own internal policies and procedures SUBCONTRACTOR must have copies of all bids received in relation to this project and kept as documentation The copies of all bids should be kept by the SUBCONTRACTOR at the location listed under Exhibit A-1 (c) Title to equipment and any constructed fixtures acquired from funds provided under this Interlocal Agreement shall, throughout the term of this Interlocal Agreement, be in the name of the SUBCONTRACTOR All parties agree that upon full performance of this Interlocal Agreement, title shall remain with the SUBCONTRACTOR, provided however, that if this Interlocal Agreement is terminated, due to substantial failure by the SUBCONTRACTOR to fulfill its obligations under this Interlocal Agreement, title and physical possession of all equipment and constructed fixtures shall, upon written notification from NCTCOG, be transferred in good condition and within five (5) working days to NCTCOG (d) The SUBCONTRACTOR agrees to conduct physical property inventories, to maintain property records and necessary control procedures, and to provide adequate maintenance with respect to all equipment and/or constructed facilities acquired under this Interlocal Agreement, as set forth below (e) The SUBCONTRACTOR may develop and use its own property management system which must conform with all applicable state and local jaws, rules and regulations If an adequate system for accounting for personal property owned by the SUBCONTRACTOR or its subgrantee is not in place or currently in use, the Property Accounting System Manual issued by the State of Texas General Services Commission shall be used as a guide for establishing such a system (f) A physical inventory of all equipment or property acquired or replaced under this Interlocal Agreement having an initial purchase price of $1,000 or more, 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 SUBCONTRACTOR shall include adequate safeguards to prevent loss, damage, or theft of the acquired property The SUBCONTRACTOR agrees to 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 equipment or property is sold (g) All equipment and/or constructed facilities acquired or replaced under this Interlocal Agreement shall be used by the SUBCONTRACTOR or its subgrantees, to support the purposes of this Interlocal Agreement, for as long as the equipment or facilities are needed for such purposes, whether or not the original projects or programs continue to be supported by State funds (h) The SUBCONTRACTOR or its subgrantee, may for the purpose of replacing various equipment or facilities utilized under this Interlocal Agreement, either trade in or sell the equipment or property referred to in Attachment C of this Interlocal Agreement and use the proceeds of such trade-in or sale to offset the cost of acquiring needed replacement property (i) Subject to Subsections q) - (1) of this Section, if no longer needed for the support of the authorized projects or programs referred to in Subsection (g) of this Section, equipment and/or property acquired under this Interlocal Agreement, ✓whether original or replacement, may be North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 9 used in support of other activities currently or previously supported by TNRCC, or alternatively, may be made available for use on other projects or programs, proving such other use will not interfere with the work on those projects or programs for which use equipment or facilities were originally acquired or constructed 0) If any equipment or property acquired or replaced under this Interlocal F greement is sold or transferred within Six (6) years of the initiation date of the Interlocal Agreement, the SUBCONTRACTOR agrees that TNRCC is entitled to a share of the proceeds from such sale, provided the fair market, per -unit value of the property at the time of the sale is in excess of five thousand dollars ($5,000) TNRCC's share of the sale proceeds shall be the same percentage as was the funding provided under this Interlocal Agreement that enabled the original purchase or acquisition of the property in question Property that is no longer needed and that has a fair market, per -unit value of five thousand dollars ($5,000) or less may be retained, sold, transferred, or otherwise disposed of with no further obligation to TNRCC, provided the requirements set forth in Subsections (k) and (1) of this Section are followed If the property or equipment has a fair market, per -unit value of five thousand dollars ($5,000) or more and less than six years has elapsed from the initiation of the Interlocal Agreement, the SUBCONTRACTOR or the subgrantee must contact TNRCC for final disposition instructions (k) If, prior to the termination date of this Interlocal Agreement, the SUBCONTRACTOR or its subgrantees determines that any equipment or constructed facilities acquired with funds provided as a result of this Interlocal Agreement is no longer needed for support of the programs or projects referred to in Subsection (g) of this Section, TNRCC may require the SUBCONTRACTOR to transfer title and possession to such equipment or movable constructed facilities to a third party named by TNRCC (1) The SUBCONTRACTOR agrees that if a determination is made after this Interlocal Agreement has terminated that any equipment or constructed facilities acquired with funds provided as a result of this Interlocal Agreement is no longer needed for support of the programs or projects referred to in Subsection (g) of this Section, TNRCC has a right to require the transfer of any equipment or movable constructed facilities having a fair market, per -unit value of more than five thousand dollars ($5,000) to a third party named by TNRCC (m) The SUBCONTRACTOR shall not grant or allow a third party a security interest in any original or replacement materials, equipment, or facilities purchased or constructed with funds made available to the SUBCONTRACTOR under this Interlocal Agreement (n) The SUBCONTRACTOR agrees that, in the event any funds provided under this Interlocal Agreement are in turn awarded to any subgrantee for the purchase or acquisition of any equipment or constructed facilities, by such other party, the SUBCONTRACTOR'S Interlocal Agreement with that subgrantee shall include the requirements set forth in Subsections (d) - (n) of this Section Article 12 Construction Appropriate construction costs are authorized as identified in the Work Scope (Attachment B) and Budget (Attachment C) Expenses budgeted under this category should be for costs related to the enhancement or building of permanent facilities For example, facility design, site preparation and facility construction, including slabs, paving, awning, attendant shelters and sanitation facilities, fencing and lighting, and containment berms and platform truck scales and electronic data -recording equipment The SUBCONTRACTOR is expected to conform to the North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 10 appropriate bidding process according to the SUBCONTRACTOR'S own internal policies and procedures 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, i e Landfill scale installation erpenses Article 13 Other Expenses Other expenses, not falling under the main expense categories, are allowed as identified in the Budget (Attachment C) The restrictions set forth in the Uniform Grant and Contract Management Standards apply All expenses budgeted under this "Other" category should be itemized by the project funds recipient when requesting reimbursement Some expenses that may be appropriate include A Postage/delivery G Training B Telephone/FAX H Office Space C Utilities I Basic Office Furnishings D Printing/Reproduction J Legal costs for est Interlocal Agreement E Advertising/Public notices K Vehicle Maintenance F Signage L Any others North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 11 ATTACHMENT B Work Program and Schedule of Deliverables of SUBCONTRACTOR 1 April 15, 1997 - receive City Council approval of inter -local agreement 2 April 16, 1997 - in consultation with the City's Purchasing Department, develop and issue container bid specifications including required newspaper advertising As construction of the facility's interior progresses, begin construction of the facility's outside public access horseshoe shaped roadway 3 April 21, 1997 - using landfill personnel and equipment, begin construction of the interior bay area Begin delivery of utility poles from the City's pole yard to the facility site and plan for location of instructional and information signage 4 May 21, 1997 - hold bid opening at Purchasing Department and select bidder Prepare City Council agenda item requesting Council approval of bid selection and authorization to issue the purchase order for containers, 5 June 10, 1997 - request Council approval of bid selection and authorization to issue the container, asphalt, and gravel purchase orders 6 June 11, 1997 - issue purchase order for containers, asphalt, and gravel and for facility site signage 7 July 7, 1997 - take delivery of containers and gravel Begin final phase of site construction to include asphalting of loading/off-loading interior of facility and graveling of public access roadway Commence facility advertising campaign in Denton and area newspapers, on cable channels, and with issuance of letters to regular landfill customers Begin distribution of flyers to all landfill customers from landfill scale house 8 July 21, 1997 - finish site construction and place containers in bays and erect signage 9 July 28, 1997 - open site to the public Tape facility in operation for use in preparing a cable channel ad North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 12 Project Application Form .Approved by RCC at June 13 1996 Meeting ,FOR NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT" °°` ATDC-97-01 LOG IDENTIFICATION # The North Central Texas Council of Governments In Cooperation with the Texas Natural Resource Conservation Commission SOLID WASTE GRANT FUNDING PROJECT APPLICATION FORM FY97 CYCLE GENERAL PROJECT INFORMATION Name of Local Applicant City of Denton Title of Project Landfill Drop off Site Total amount of grant project cash funds requested $54355 Matching funds, if any $10556 Total cost of project (sum of above 2 lines) $64,911 Local Contact for Project Jae lalentl Tel N 817 566 8467 Fax # 817 383 7334 PROJECT PROPOSAL Sections 15 [Ti Priority Project Category (3 10 pts) Check the priority project category which hest matches the scope and objective of your proposal (check only onel Minimizing Apartment and Commercial Trash (10 points) _ Minimizing Household Trash (7 points), or Expanding Recycling Markets (7 points) Stopping Illegal Dumping (6 points) X Assuring Treatment and Disposal lgpaclty (3 points) I Icmty_datlrecyclj16969p o MERIN 1 0 1 1996 NCTCOG ENVIRONMENTAL RESOURCES I Project Application Form Approved by RCC at dune 13 1996 Meeting 2 Project Merit and Need (0 40 Points) Please limit the total space for this section to no more than 2 pages MINIMUM FONT SIZE IS 1 Clearly describe the proposed project and justify Its need in a form consistent with the priority categorf strategies and recommendations in the Regional Plan Specify now this project targets and mazlm¢es Haste stream diversion in the project area or stops illegal dumping 10 15 Pts) The City of Denton proposes to establish a large, multi material public recycling drop off facility at its landfill on a one acre site that will eventually approximate in size and scope the Dry Gulch drop off facility off of Harry Hines Blvd in Dallas As the first step in such an undertaking, the City will construct ten bays to hold a 40 yard open top container each to accept variously aluminum, steelltin clear brown and green glass, and newspaper Scrap metal such as guttering and piping will also be accepted In addition, the City will construct a fenced and gated area adjacent to the drop ff site to accept used appliances To facilitate and maximize the site's public accessibility and safety and to enhance future expandablility, the facility will be positioned along the landfill's main access road near its entrance The site itself will be constructed in a horseshoe shape resembling a stair step pyramid lard on its side (see attached illustration) Each of the site's ten bays will be 24 feet long, 10 feet wide, and 8 5 feet high and will be large enough to hold a 40 yard open top container Each bay will be on the inside of the pyramid and will be constructed of stacked and braced wooden utility poles obtained from the City's Electric Department The use of these poles has already been proven adequate to meet the site's design requirements and will minimize construction and maintenance costs The floor of each bay will be flush with the level of the surrounding asphalted ground to permit the unobstructed loading and unloading of the open top containers by collection trucks when the full containers are to be transported to market The large area on the inside of the pyramid will provide sufficient room for the maneuvering of collection vehicles and the surface of this area will be improved with asphalt to permit the all weather access of recycling vehicles The outside area of the pyramid will actually be in the shape of a large horseshoe roadway around the outside of the container bays The roadway will consist of packed earth and clay overlaid with gravel This outside area will be sloped upward from the landfill's access road to permit customer cars, trucks, trailers, etc to drive up or back up to the bays In this position, these vehicles will be at a level about one foot above the edge of the containers and they will be able to conveniently off load their vehicle contents to the appropriate container below City also intends to construct a 50 foot square area for the deposit of used appliances right next to the main facility This area will be fenced and gated and its surfaced graveled The public will be invited to drop off their used appliances in this area The City will contract with a local appliance recycler to collect these appliances and recycle them In 1997, the City will begin the landfill's 200 acre expansion The site that the City has chosen for the proposed drop off facility will be located in the expansion area adjacent to the City's centralized corposting, grinding, and baling facility Normally, the landfill is open to the public Monday through Friday from 7 00 A M to 4 00 P M and on Saturdays from 7 00 A M to 3 00 P M Although it will be within the expanded landfill's fenced area in order to provide after hours security, the drop off site will be open to the public during these normal operating hours Over the past several years, Denton's landfill has experienced tremendous growth in its tipping tonnage Just since 1991, disposal tonnages have increased from just over 72,000 tons to an estimated 90,000 tons (25%) in 1996 i Icmty_datlrecycljr6969p Project Application form aoprovea by RCC at June 13 1996 Meeting while tonnage is expected to exceed 130,000 tons (44%) by the year 2000 Part of this increase is due to the area's burgeoning economy with its expanding population and emphasis on construction and redevelopment However at the same time, the north Texas area is experiencing a significant decline in ,he number of public landfills As a consequence an increasing number of disposers are either forced to use the Denton landfill or are using it as their landfill of preference Because this trend is likely to continue �nio the next decade ano beyond he City will begin its 200 acre expansion of the landfill in 1997 with an expected life of 37 years Of course, as the City s Solid Waste Master Plan states, the primary factor that will affect the life of the City's expanded landfill and conserve landfill space will be Denton's recycling diversion rate which is projected in the Plan to reach 25 percent by the year 2000 Because the Plan estimates that as much as 75 per cent of the landfill's waste stream is recyclable, the City believes that it can successfully meet its diversion goals by Implementing a wide range of recycling activities including the type of public drop facility site proposed above Given the current and projected economics of landfilling plus the fact that Denton recognizes its responsibility to contribute to the north Texas area's landfilling needs, the City's Plan anticipates regionalization of the expanded landfill by the end of the decade if not sooner Consequently, this program supports the following Regional Solid Waste Management Plan for North Texas Action Recommendations Recommendation k9 supports the region's policy for continuing to be self sufficient in its own municipal solid waste management capacity Recommendation #10 encourages all landfill operators to operate facilities to minimize incoming waste and meet all permit conditions to conserve and maximize existing space Recommendation #12 supports the need for landfill facilities as a long term component of the region's solid waste management program a Who would be directly served or benefited? What is the affected geography (jurisdictions involved)? (0 5 Pts) Because the site will be located at the City's landfill, the site will directly serve the landfill's cash customers, many of whom bring in recyclable waste from rural county areas, and contract customers which bring in recyclable waste from all over the north Texas region Together these customers typically account for over 30 per cent of all landfill disposals and since October, 1995 have accounted for over 3,400 landfill transactions By providing on site recycling containers, these customers will be able to pre sort their loads knowing that they will have a convenient facility in which to deposit their recyclable waste As a consequence, customer loads intended for landfilling will significantly decrease as will customer tipping fees The fact that the City intends to increase landfill fees by 17 per cent in 1997 will serve as an incentive for landfill users to sort their loads to divert recyclables to the new facility The convenience of such a facility will not only make recycling easier for landfill customs, but it will also improve opportunities for recyclers in the surrounding communities and the unincorporated areas of Denton County where there are few if any recycling facilities In fact, the nearest drop off sites south of Denton are in The Colony The proposed facility would be located within just a few miles of Denton's southern neighbors such i Icmty_datlrecyclji6969p Proieci 'pphcanon Form -oorwea ov ACC at June 3 1996 Meeting as the cities or Shady Shores t,orinth Lake Dallas ana Hickory % eeK Nnose citizens fraguently contact the City of Denton to find out where in Denton they can bring 'ter recyclable waste Although ,hese cores are geographically closest to Denton the landfill typically rece,ves Naste from other cities or the County such as L,ttle Elm Sanger F ighlana Village Ponaer Krum Argyle ,nu Auorev Of course much of the waste from these ,utlymg municipalities is recv^fable The orcaosed faciht, Te Ndt ce esoecially accessible to County residents because it is locates at the City County bouncari The facility will also serve as an addition to Denton s current six multi material drop off sites In a recent recycling survey of the Denton community, 518 per cent of respondents who do not recycle stated that the primary reason they do not recycle is because of the inconvenient location of recycling sites Because this site would be the only one located on the east side of Denton it would make recycling appreciably more convenient and accessible for several thousand Denton residents who would recycle if a site were located close by b Partnerships (0 5 Pts) Indicate if the applicant has participated in local solid waste management planning activities, demonstrating a commitment to solid waste management goals, alone or in cooperation with other communities Describe if the project is multqurisdictional, cooperative or regional in nature, and who the primary applicant and partners are Describe whether the project promotes publiclprivate cooperation (if applicable) The Denton City Council and the City's Public Utilities Board have long recognized the need for community supported solid waste management programs Through Council and Board directed actions in 1992, the Solid Waste Master Plan Advisory Committee was formed from among Denton citizens and in March, 1995 issued its Solid Waste Master Plan The Plan identifies several solid waste management activities to be conducted over the next 20 years and its recommended management scenario anticipates the regionalization of the expanded landfill by the end of the decade It is this recommendation that currently forms the basis for the City's solid waste management activities and proposed expenditures All elements of the Plan are supportive of the State's preferred management hierarchies as established by the Texas Solid Waste Disposal Act and of the Regional Solid Waste Management Plan for North Central Texas Although this project will start off modestly by comparison with the similar Dry Gulch public recycling drop off facility in Dallas on which it is modeled, the City expects the facility's scope to eventually approximate that of Dry Gulch Right from its opening, the site will be available to residents, businesses, and landfill customers from all over the north Texas region The City intends to aggressively promote the facility's availability and use among its landfill customers as well as those of surrounding communities and Denton residents The landfill is already the landfill of choice for many north Texas customers as far away as Jacksboro, Gainesville, and Carrollton As the attrition of landfills in the region continues, this facility will be uniquely positioned to divert significant recyclable tonnages from landfilling Since 1988 when the City of Denton constructed its first public drop off recycling site, Denton has worked successfully to promote its cooperation with recycling enterprises Both this application and the City's upcoming recycling request for proposals which will be issued in the next few months will continue that promotion To provide market transportation and commodity processing of the recyclables collected at the landfill drop off site, the City will recruit the services of a recycling company The City will also use the marketing expertise of this company to promote the facility and to expand it to accept additional recyclables Attached are letters from Pioneer Paper, BFI, and Fulton Recycling and Supply in support of Denton's proposal All of these recycling companies recognize the potential which this facility has to impact the region's diversion rate and to provide a unique recycling opportunity for north Texans as well as recycling promotion i Icmty_da1lrecyc1p6969p Pralect Application Form appmveo by ACC at June 13 1996 Meeting c Needs (0 12 Pts) () If this is a startup or pilot project where no such program exists how does It benefit the local government or regmnl or 11 If this is an enhancement of an existing program gne a orief descr,ouon of ,our existing program and indicate how the proposed project will significantly improve the program? Strictly speaking, perhaps this project cannot be considered to be exactly a startup or pilot project because Its design and intended use is similar to the City's six multi material drop off existing sites which typically accept aluminum, steel, glass and newspaper while several of these sites also accept used oil and filters and cardboard However, the current and projected scope of this project as well as its location makes it substantuall different from the City's other drop off sites As stated above, the size and scope of this facility will eventually approximate that of the Dry Gulch facility in Dallas Although the site will start off accepting customary recyclables such as aluminum, steel, and glass, within the first year, it will also begin accepting scrap metals, plastic, office paper, cardboard, used oil and filters, and newspaper Eventually, the City hopes to expand the site to accept clothing and household goods Along with that expansion, the City will establishing relationship with not for profit organizations in Denton to work at the site and funnel useable items to those organizations for charitable use The City also intends to link this project with its unique Cable Swap Program which is carried on the City's local government cable Channel The Swap Program allows citizens to exchange with each other all types of used goods with the purpose of keeping them out of the landfill During the coming year, the Swap Program will be expanded to include the exchange of commercial goods The proposed drop off site will serve also a depository for these goods d Past Funding Has the (primary) applicant applied but not received solid waste fee funds through the NCTCOG in the FY96 cycle, in any of the priority project categories? (3 Pits if applicant has not received funds, 0 Pts if funded) Yes The City of Denton Solid Waste Department submitted ten grant applications during the first round of applications in 1996 None of these applications ranked high enough to be funded i Icmty_datlrecyclp6969p Project Application Fenn Approved by RCC at June 13 1996 Meeting Are major tasks identified and described in logical understandable manner achieving the project objectives? D 10 ptsl, a Are measurable outputs identified? 10 5 ptsl During 1997, the City s landfill will dispose of over 96 JO tons of waste of which cash and contract customers will generate about 27 000 tons The City believes that filly 30 or per cent or over 8 000 tons of this amount will be recycled In addition, the City believes that Denton and county residents as well as those of surrounding cities will generate another 2 000 tons annually, As a result this site by itself will generate over 10 000 tons of recyclables, an amount that will exceed the recycling tonnage generated by all of the City s current sites and its weekly yardwaste collections as estimated for 1996 b Is there a clearly defined timetable' (0 5 ptsl Assuming that grant contracts would be available from the NCTCOG's in mid October, 1996, the City of Denton would proceed with the following grant implementation timetable i November 18, 1996 advise the City Council and Public Utilities Board of contract status and request approval to proceed with grant implementation including construction of facility and container purchase 2 December 2, 1996 using landfill personnel and equipment, begin construction of the interior bay area, Begin delivery of utility poles from the City's pole yard to the facility site and plan for location of instructional and information signage 3 January 2, 1997 in consultation with the City's Purchasing Department, develop and issue container bid specifications including required newspaper advertising As construction of the facility's interior progresses, begin construction of the facility's outside public access horseshoe shaped roadway 4 January 23, 1997 hold bid opening at Purchasing Department and select bidder Prepare City Council agenda item requesting Council approval of bid selection and authorization to issue the purchase order for containers, asphalt, and gravel 5 February 18, 1997 request Council approval of bid selection and authorization to issue the container, asphalt, and gravel purchase orders 6 February 19, 1997 issue purchase order for containers, asphalt, and gravel and for facility site signage 7 March 10, 1997 take delivery of containers and gravel Begin final phase of site construction to include asphalting of loadingloff loading interior of facility and graveling of public access roadway Commence facility advertising campaign in Denton and area newspapers, on cable channels, and with issuance of letters to regular landfill customers Begin distribution of flyers to all landfill customers from landfill scale house 8 March 28, 1997 finish site construction and place containers in bays and erect signage 9 April 7, 1997 open site to the public Tape facility in operation for use in preparing a cable channel ad t Icmty datlrecyclp6969p P,olect Application Fan appravea by RCC at June 13 1996 Meeting c Extra points for innovation creativity, cooperati a approach ari a well written program i0 5 ptsl Although at first glance the proposed drop off facility may appear to be like any other drop off facility it will in fact be quite unique While most drop off facilities are reia ive v small this facility will occupy close to an acre Initially the site will accept the usual and customary types of recycables such as aluminum steel and glass Howeve, before the end of its first year of operation the City will add significantly to the types of recyclables collected at the site such as household and commercial goods This site will not simply be a transfer station for recyclables but a repository for reusable household and other goods that still have a useful life and would otherwise end up in the landfill As stated previously in this application, the City will pursue opportunities to make these recyclable goods available to not for profit organizations in Denton and its surrounding communities Because much of what is collected at the site will be traditional recyclable commodities such as aluminum and steel, they will require transport to market and processing As the attached letters of support from recycling companies state, these companies will provide the City with such recycling services Overall, the City envisions this project as a springboard to a facility the scope of which will significantly exceed that of most recycling drop off facilities As such, it will not only have a significant impact on the region's diversion rate, but it will also significantly impact the public's perception of recycling The facility's high profile in the community should be an important recycling educational tool and will undoubtedly spur recycling activity i Icmty_datlrecyclli6969p Project Application Form Approved by FCC at June 13 1996 Meeting Identify staff or other entitles responsible for undertaking the project and oriefiv describe then appropriate experience (0 3 points The aesign construction ana operation nr the facility v o aKe dace inter the supervision of the City s Recycling Coordinator and 'he Landfill s superviso Joe lalenti became the City s first Coordinator in April 1995 Joe has over 20 years of municipal management experience including 8 years of Utility Department experience with the City of Denton Previous to becoming the City's Recycling Coordinator, Joe served as the City s Solid Waste Department Administrative Assistant handling all aspects of Solid Waste management including administration of the City's recycling effort David bugger has served as the Landfill's supervisor since 1992 and has been responsible for the on site supervision of the City s yardwaste grinding operation and its appliance recycling storage area David holds both B and C State solid waste certifications and is also certified by the State as a waste materials control inspector If the proposed project could become an ongoing service, describe how the project may be sustained beyond the grant period (0 2 points) The City has every intention of maintaining this facility as its permanent premier recycling drop off site The City will maintain the site and be responsible for its timely expansion in the same way that all of the City's drop off sites are supported by the City with solid waste revenues and recycling commodity revenues As such, all proposed expenditures associated with the site will be incorporated into the Solid Waste Department's annual operating budget and the site's expansion will be incorporated into the Department's Capital Improvement Plan Indicate if the applicant or a partner in a group of applicants is a Clean Texas 2000 local government, a certified Keep America Beautiful city, and/or a Proud Community in Keep Texas Beautiful, thus demonstrating a commitment to environmental programs in the community, and/or if the applicant has a Local Solid Waste Management Plan, developed and adopted according to the State's Subchapter 0 guidelines (0 5 Points) In April, 1996, the City of Denton was designated as a Clean Texas 2000 city In May, 1990, the City was also designated as a Keep America Beautiful city and in 1993 was designated as a Proud Community — a If applicant is providing cash matching funds (not in kind services) to indicate special commitment, please indicate this The contribution is taken into consideration by the RCC (0 5 Pts for cash match equal to or greater than project, assigned at discretion of reviewer) Please provide more details in the Project Budget section, Detailed Budget Sheet 8 The City is providing cash match funds of $10, 556 in the form of labor and heavy equipment rental to construct the project facility i Icmty_dat1recyc1p6969p CITY OF DENTON LANDFILL RECYCLING DROP-OFF FACILITY PUBLIC ACCESS (gravel) ROLL -OFF CONTAINER SERVICING AREA (gravel) 40 OPEN TOP ■� CONTAINERS R I I I I LANDFILL ROAD COMPOSTING FACILITY j PUBLIC ACCESS (gravel) ATTACHMENT C SUBCONTRACTOR Budget & Detailed Cost Sheets North Central Texas Council of Governments - City of Denton Landfill Drop -Oft 51te rage i o Project Application form Approved by RCC at June 13 1996 Meeting 5 PROJECT BUDGET (0 10 points) Please fill out this form with the art breakdown estimates of your proposed protect It this budget has any costs identified in lines 19 please attach a detailed budget sheet 'or ea, anoucable line item otherwise omit Jse attached forms for the detailed Budget explanations Do not attacn a oetall sheet unless there s a post tem '�e score is based an appropriateness and cost effectiveness of the proposed expenses BUDGET CATEGORY AMOUNT 1 Personnellsalanes $ 0 2 Fringe benefits $ 0 3 Travel $ 0 4 Supplies $ 0 5 Equipment $ 34,248 6 Construction $ 18,107 7 Contractual (other than for construction) $-27666-- 8 Other $-e 000 Total direct charges (sum of 181 $ 54,355 9 Indirect charges' $ 0 Total protect funding requested (sum of 19) $ 54,355 Matchmg ash Funds (optional) 510,556 Note a cash match contribution Is awarded points under Section 4 (ill The information provided here Is solely for budget explanation and does not weigh into the score for this Item What Is the TOTAL COST of the proposed project, considering the total project funding requested and the matching cash funds being provided by the applicant $ 64,911 1 Jcmty datlrecyclj16969p Attachment to Project Budget doproveo nv RCC at June 13 1996 meeting DETAILED BUDGET SHEET 4 Project Funded Equipment This budget sheet should be completed if any expenses are entered for equipment on Line 5 of your Project Budget Summary otherwise omit $34 248 Equipment includes all non construction related tangible property naving a unit cost of $1 000 or more with an estimated useful life of over one year In the space below please describe the types of equipment you intend to purchase with project funding, providing specifications if possible at this time Indicate how you obtained an estimate of the cost (vendor bid, estimate, literature review, industry or market prices) If you intend to use the State cooperative purchasing list as a potential source, please indicate so The project will require the purchase of the following equipment 12 40 yard open top containers Length 23 ft Front and sides 11 gauge sheet metal Height 93 inches Bottom 3116 inch tensile plate Width 96 inches Wheels 6 inch by 9 inch sand pads on front 8 inch by 12 inch rollers on rear Cable hook M114 inch plate steel Cost per container $2,854 This estimate was obtained during July, 1996 directly from the City's preferred vendor Two of the 12 requested containers will be used as swap out containers when contalners are being emptied Attachment to Project Budget Approved by FCC ai .,une 13 1996 meeting DETAILED BUDGET SHEET 5 Project Funded Construction This budget sheet should be completed if any expenses are enterea for construction on Line o of your Project Budget Summary otherwise omit $18 107 Construction costs include facility design site preparation and Facility construction Construction rosts may include work provided either by the project funds recipient or through subcontracts for outside services All applicable laws and regulations for bidding and contracting for services must be followed In the space below, please describe the construction expenses associated with the proposed project, providing as many specifications as possible at this time (please identify any services to be subcontracted) This project calls for the subcontracted construction of a fence area for the deposit of used appliances 200 feet of 8 It cyclone steel fencing with double wide gate Cost estimate $800 This project calls for the subcontracted a�phaltmg of the interior portion of the proposed facility 5,625 sq feet of asphalt paving with stabilized cement base Cost estimate $8,807 This project calls for the graveling of the facility's public access roadway 1,000 yards of size gravel Cost estimate $8,500 Attachment to Project Budget Approved by RCC at June 13 1996 meeting DETAILED BUDGET SHEET 7 Project Funded Other Expenses This budget sheet should be completed if any expenses are entered under other on Line B of your Project Budget Summary otherwise omit Other' expenses are those for items or services winch do not readily fit into any of the other budget categories in this application If you will have adJitional 'other expenses not already listed below please list those expenses at the bottom of this sheet If any of the expenses listed below are included in the calculation of your rate for indirect charges do not list them an this sheet Postageldelivery TelephonatFAX Utilities Prmtinglreproductlon Advertisinglpubhc notices 2,000 Signage Training Office space Basic office furnishings (desks, chairs, filing cabinets) Please identify "Additional other" expenses below TOTAL "other" expenses, which should equal the amount $2,000 entered on Line B of your budget summary North Central Texas Council of Governments Solid Waste Interlocal Agreement Attachment D General Provisions Article 1 Legal Authon The SUBCONTRACTOR warrants and assures NGTCOG that it possesses adequate legal authority to enter into this Agreement The SUBCONTRACTOR'S governing body where applicable has authorized the signatory official(s) to enter into this Agreement and bind the SUBCONTRACTOR to the terms of this Agreement and any subsequent amendments hereto The SUBCONTRACTOR agrees to adhere to the provisions of section 330 569 of the TNRCC Municipal Solid Waste Regulations, the Uniform Grant & Contract Management Standards (UGCMS) and the contract between the TNRCC & NCTCOG Article 2 Scope of Services The services to be performed by the SUBCONTRACTOR are herewith outlined in the General Provisions and Change Orders which are hereby incorporated into and made a part of this Agreement as if set out word-for-word herein Article 3 Purpose (a) The purpose of this Interlocal Agreement (Agreement) is to accomplish the goals of House Bill 3072, 74th Texas Legislature (19950, as they relate to distributing solid waste fee revenue funds to support local and regional solid waste projects consistent with the regional solid waste management plans approved by the TNRCC and to update and maintain those plans (b) Under the overall goals of the funding program established under House Bill 3072, the more specific purposes of this Agreement are 1 To enable the NCTCOG to carry out or conduct various municipal solid waste management -related services and support activities within the NCTCOG's regional jurisdiction, and 2 To administer an efficient and effective, region -wide, pass -through (subgrantee) assistance grants program and/or, where authorized by the NCTCOG in accordance with Article 4 of this Attachment, to conduct various NCTCOG - managed projects Article 4 Types of Solid Waste Implementation Proiects & Applicants (a) Only those local and regional political subdivisions located within the State of Texas as listed below are eligible to receive funding from the NCTCOG as a pass -through grant 1 Cities, 2 Counties, 3 Public schools and school districts (does not include Universities or post secondary educational institutions), and 4 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 (b) Local and regional political subdivisions that are subject to the payment of state solid waste disposal fees and whose fee payments are in arrears, as determined by the FUNDING North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 14 AGENCY, are not eligible to receive pass -through grant funding from the NCTCOG The FUNDING AGENCY (Texas Natural Resource Conservation Commission) shall provide, on a quarterly basis, the NCTCOG a list of entities for which fee payments are in arrears The NCTCOGIshall allow a potential pass -through grant applicant that is listed as being in arrears in its fee payments the opportunity to provide documentation of payment of the fees owed the state If the potential applicant provides the NCTCOG with documentation of payment of the fees, such as a canceled check or receipt from the state, the NCTCOG may consider that applicant to be eligible to receive pass -through grant funding under this agreement The NCTCOG shall notify the FUNDING AGENCY of any applicants for which a determination of eligibility was made under this subsection Article 5 Examination of Records (a) SUBCONTRACTOR shall maintain during the course of the work, complete and accurate records of all SUBCONTRACTOR'S costs and documentation of items which are chargeable to NCTCOG under this Agreement NCTCOG shall have the right at any reasonable time to inspect, copy and audit those records on or off the premises by authorized representatives of its own or any public accounting firm selected by it Failure to provide access to records may be cause for termination of the contract The records to be thus maintained and retained by SUBCONTRACTOR shall include (without limitation) 1 personnel and payroll records, including social security numbers and labor classifications, accounting for total time distribution of SUBCONTRACTOR'S employees working full or part time on the work, as well as canceled payroll checks or signed receipts for payroll payments in cash, 2 invoices for purchases, receiving and issuing documents, and all other unit inventory records for SUBCONTRACTOR'S stocks or capital items, and 3 paid invoices and canceled checks for materials purchased and for subcontractee's and any other third parties' charges The SUBCONTRACTOR further agrees to include in all its subcontracts pursuant to Article II hereof, a provision to the effect that the subcontractee agrees that NCTCOG and its duly authorized representatives, shall, until the expiration of three (3) years after final payment under the subcontract or until all audit findings have been resolved, have access to and the right to examine and copy any directly pertinent books, documents, papers, invoices and records to such subcontractor involving transactions relating to the subcontract Article 6 Insurance and Liabil SUBCONTRACTOR is a self insured municipal coorporation SUBCONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to NCTCOG to the extent by applicable law, any amounts determined by NCTCOG, its independent auditors, or any agency of state government, to have been paid to the SUBCONTRACTOR in violation of the terms of this Agreement Article 7 Audits & Accountina Systems (a) Current Independent Audits 1 If NCTCOG's maximum obligation amount under this Agreement is $25,000 or more, the SUBCONTRACTOR is required to have an audit performed for each of the SUBCONTRACTOR'S fiscal years during which the Agreement is in effect, and which North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 15 covers the entire operation of NCTCOG Any such audit shall be performed by an "independent" auditor as defined in federal Office of Management and Budget (OMB) Circular A-128 2 Each audit report required in Subsection (a) (1) of this Article shall be forwarded to NCTCOG authorized Project Representative as identified in Attachment A, Article 9, Exhibit A-1 Each audit report shall be delivered to NCTCOG designated Project Representative within thirty (30) days following completion of the audit report, or within one year following the audit period (SUBCONTRACTOR'S fiscal year), whichever comes first 3 The minimum requirements for an audit will vary, depending upon the SUBCONTRACTOR'S organization type and the amount of NCTCOG'S maximum obligation amount under this Agreement (i) For cities, counties, councils of government, or other political subdivisions of the State (but not school districts or institutions of higher learning) that enter into this Agreement, for which NCTCOG'S maximum obligation amount is $25,000 or greater, audits shall meet the requirements of federal office of Management and Budget (OMB) Circular A-128 "Audits of State and Local Governments", which is currently effective (u) An independent audit is not required for this Interlocal Agreement if NCTCOG'S maximum obligation amount is less than $25,000 (b) Accounting Systems The SUBCONTRACTOR shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles NCTCOG must propose and account for costs in a manner consistent with such standards or principles Article 8 Amendments to Interlocal Agreement Any alterations, additions, or deletions to the terms of this contract which are required by changes in Federal Law or Regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulation, provided if the SUBCONTRACTOR may not legally comply with such change, SUBCONTRACTOR may terminate its participation herein as authorized by Article 9 NCTCOG may, from time to time, reasonably request changes in the Scope of the Services of the SUBCONTRACTOR to be performed hereunder Such changes that are mutually agreed upon by and between NCTCOG and the SUBCONTRACTOR in writing shall be incorporated into this Agreement Article 9 Termination of Interlocal Agreement (a) This Interlocal Agreement shall terminate upon full performance of all requirements contained herein, unless this Agreement is amended in writing to provide otherwise (b) 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 ^arty, provided that no such termination may be effected unless the other party is given North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 16 1 Not less than thirty (30) days written notice (delivered by certified mail or return receipt requested) of intent to terminate with the specific reason as to why the party chooses to terminate this Agreement, and 2 An opportunity for consultation with the terminating party prior to termination (c) This Interlocal Agreement may be terminated in whole or in part in writing by NCTCOG for its convenience, provided that the SUBCONTRACTOR is given not less than thirty (30) days written notice (delivered by certified mad, 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 (d) If termination for default under Section (b) of this Article, or for reduction or loss of Legislative appropriations under Section (c) of this Article is effected by NCTCOG, an adjustment in the Interlocal Agreement amount shall be made, but 1 No amount shall be allowed for anticipated profit on unperformed services, tasks or other work, and 2 Any payment due the SUBCONTRACTOR at the time of termination may be adjusted to the extent of any reasonable additional costs incurred by NCTCOG caused solely by the SUBCONTRACTOR'S default or malfeasance However, the adjustment for a termination shall provide for payment to the SUBCONTRACTOR for services rendered and expenses incurred by the SUBCONTRACTOR relating to contracts entered into prior to the termination, in addition to termination settlement costs reasonably incurred by the SUBCONTRACTOR relating to contracts relating to this project, entered into prior to the termination (a) Upon receipt of a termination notice pursuant to Sections (b) or (c) above the SUBCONTRACTOR shall 1 Promptly discontinue all services affected (unless the notice directs otherwise), and 2 Deliver to or otherwise make available to NCTCOG upon NCTCOG's written request, all data, drawings, specifications, reports, estimates, summaries, and such other information, materials, and equipment as may have been accumulated by the SUBCONTRACTOR in performing this Interlocal Agreement, whether completed or in progress (f) If, after termination initiated by NCTCOG for failure of the SUBCONTRACTOR to fulfill its contractual obligations, it is determined that the SUBCONTRACTOR had not so faded, an adjustment of the Interlocal Agreement amount shall be promptly made as provided in Section (d) of this Article (g) If any delay or failure of performance is attributed to force majeure as defined in Article 17 of Attachment D, the SUBCONTRACTOR may in its sole discretion terminate this Interlocal Agreement in whole or in partupon thirty (30) days written notice to NCTCOG NCTCOG shall give the SUBCONTRACTOR not less than thirty (30) days written notice (delivered by certified mad or return receipt requested) of intent to terminate and an opportunity for consultation prior to termination If such termination is effected, an equitable adjustment shall be made in accordance with Section (d) of this Article North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 17 Article 10 Severabdity All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect Article 11 Copyright Clause The state or federal awarding agency and NCTCOG reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state or federal government purposes (a) the copyright of all maps, data, reports, research or other work developed under a grant, subgrant, and (b) any rights of copyrights to which a grantee, subgrantee or a subcontractor purchases ownership with grant support All such data and material shall be furnished to NCTCOG upon written request Article 12 Employment Practices The SUBCONTRACTOR agrees that in the performance of this Agreement, it will not discriminate against any employee or applicant because of race, religion, color, sex, age, or national origin The SUBCONTRACTOR 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 Agreement Article 13 Oral and Written Agreements All oral or written agreements between the parties hereto relating to the subject matter of this Interlocal Agreement which were developed, executed or entered into prior to the execution of this Interlocal Agreement, are superseded by this Agreement Article 14 ADA Requirements The SUBCONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U S C §§ 12101- 12213 (Pamph 1995) Article 15 Disadvantaged Businesses Subcontractor shall comply with Section 252 0215 of Chapter 252 Texas Local Government Code Article 16 Force Maieure (a) A force majeure event shall be defined to include governmental decrees or restraints, acts of God (except that ram, 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 North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 18 (b) Subject to the conditions enumerated in this Article if a delay or failure of performance by either party results from the occurrence of a force mafeure event, the delay shall be excused and the time fixed for completion of the work extended by a period equivalent to the time lost because of the event if, and to the extent that 1 the delay or failure was beyond the control of the party affected and not due to its fault or negligence, and 2 the delay or failure was not extended because of the affected party's failure to use due diligence to overcome the obstacle or to resume performance immediately after the obstacle was overcome (c) No time extension shall be granted under this Article unless the party seeking relief has notified the other in writing within ten (10) days of the time of 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 SUBCONTRACTOR reasonably intends to implement these measures The party seeking relief shall also give written notice of the ending of the event to the other party within ten (10) days after the event has ended (d) If the SUBCONTRACTOR is the party seeking relief under this Article, the burden of proving a force mafeure event has occurred remains with it, and no extension shall be granted unless the NCTCOG agrees that the occurrence constitutes a force mafeure event as defined herein above, which agreement may not be unreasonably withheld (a) The NCTCOG shall be responsible only for costs incurred by the SUBCONTRACTOR after the prior written request by the Executive Director, or his authorized representative, to incur such costs in connection with any force mafeure event Neither NCTCOG nor the SUBCONTRACTOR shall have, and both hereby waive, any claim whatever for any damages resulting from delays caused by force mafeure events (f) NCTCOG may, in the exercise of its reasonable discretion, terminate this Agreement in whole or in part, in accordance with the provisions of Article 9, Attachment D, if force mafeure causes a delay or failure of performance by SUBCONTRACTOR (g) In no event shall this Article lessen or modify NCTCOG's rights as set out elsewhere in this Agreement Article 17 Entire Interlocal Agreement This Agreement represents the entire Interlocal Agreement between the contracting parties and supersedes any and all prior contracts or agreements between the parties, whether written or oral respecting the subject matter of this Agreement North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 19 Appendix I Bi-monthly Report II Final/Special Report Forms Form R1 - General Form Form R 1 a - Waste Reduction and Recycling III Financial Report/Request for Reimbursement Form North Central Texas Council of Governments- City of Denton Landfill Drop -Off Site Page 20 I 11311-monthly Report Form North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 21 Bi-Monthly Progress Report Reporting Period Subcontract No (97-04-G32) Reporting Agency Protect Status (for publication in fact sheets and on Internet) Narrative descnption of project status, progress on major tasks key achievements or impediments etc 2 Identify Needed Suoaortntems for NCTCOG Attention More specific description of delays issues needing resolution, items for discussion between subcontractor andNCTCCG etc 3 Attachments List any attached PSA's, photos, voucher forms, etc II Final/Special Report Forms Form RI - General Form Form R1 a - Waste Reduction and Recycling North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 22 FY 1996/1997 REGIONAL SOLID WASTE GRANT REPORT ON RESULTS OF GRANT -FUNDED PROJECT (FORM R1) 1 Grant Recipient 2 Contractor Project No 3 Report No 4 Grant Term From To 5 Report Period 6 Final FY 1996/1997 Report From To Yes No General Questions Complete the general questions listed on the back of this form, where applicable ATTACHMENTS Complete the applicable form(s) for the category of project conducted with grant funds if attached _ FORM Ria -WASTE REDUCTION AND RECYCLING Supplemental Waste Diversion Tracking Form FORM Rib -LOCAL ENFORCEMENT FORM R1c -HOUSEHOLD HAZARDOUS WASTE - Attach a copy(ies) of the completed Data Information Form required to be submitted to TNRCC for each HHW collection activity _ FORM R1d -TECHNICAL STUDIES AND LOCAL SOLID WASTE MANAGEMENT PLANS _ FORM Rie -OTHER PROJECTS INSTALLATION OF LANDFILL SCALES FORM R1f - OTHER PROJECTS CITIZENS COLLECTION STATIONS FORM Rig -OTHER PROJECTS RIVER AND LAKE CLEAN-UPS, AND TEXAS COUNTRY CLEAN-UPS FORM R1 h -EDUCATIONAL AND TRAINING PROJECTS (use for both stand- alone educational and training projects, or other projects that include an educational component) CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete Signature of Authorized Certifying Official Typed or Printed Name and Title Date Submitted Results Report Page 2 10 Project Goals/Objectives Describe the goals and objectives of the grant -funded project (should be the 11 Effectiveness to date In Achieving Stated Goals And Objectives Is the project achieving the intended goals and objectives Yes No Partial) Explain below FY 96197 REGIONAL SOLID WASTE GRANT PROJECT IMPACT/RESULTS REPORT - FORM R1a WASTE REDUCTION AND RECYCLING Grant Recipient Contract/Project No Report Period From To Amount of Grant Funding The protect funded is a (check one) _new program or _enhancement of an existing program MATERIAL DIVERSION List below the measured or estimated tons of material reduced, recycled or diverted from disposal that maybe attributed to grant funding (Attach a monthly diversion tracking form or other diversion tracking records, if used) Material Type Tons For Report Period Average Monthly Diversion' Tons For FY 96/97 to date PAPER GLASS METAL PLASTIC BRUSH, TREE TRIMMINGS, & YARD TRIMMINGS CONSTRUCTION & DEMOLITION (C&D) DEBRIS OTHER MATERIALS NOT LISTED (Specify) TOTAL TONS OF MATERIALS DIVERTED . Averages should be calculated only for the number of months that the protect was in effect 2 NUMBER OF PERSONS SERVED Estimate the number of people in the grant -funded protect service area 3 REVENUE FROM SALE OF RECYCLABLES Enter the dollar amount of revenue that was generated during the reporting period through the sale of recovered materials that may be attributed to grant funding $ 4 DISPOSAL COSTS AVOIDED Use the formula [Landfill tipping fee of $ per ton X total tons of materials diverted for the report period = $ 1 5 EDUCATION AND TRAINING COMPONENTS If education or training activities were conducted as part of the grant -funded protect, attach completed Form Ri h 6 COMMENTS Attach additional sheets if necessary for explanation or for listing benefits derived from the grant - funded protect Sheet_ Of Financial Renort/Reauest for Reimbursement Form North Central Texas Council of Governments - City of Denton Landfill Drop -Off Site Page 23 NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FINANCIAL STATUS REPORT FORM 269a 1 DEPARTMENT TO WHICH REPORT IS SUBMITTED DEPARTMENT OF ENVIRONMENTAL RESOURCES 2 GRANT/CONTRACT TITLE Landfill Drop -Off Site 3 EMPLOYER IDENTIFICATION NUMBER 4 RECIPIENT ORGANIZATION (NAME AND COMPLETE) ADDRESS, INCLUDING ZIP CODE 5 NCTCOG CONTRACT NO 6 FINAL REPORT YES NO 7 BASIS CASH ACCRUAL 8 TOTAL PROJECT/GRANT PERIOD FROM TO 9 PERIOD COVERED BY THIS REPORT FROM TO 10 Budget Categories Approved Budget Protect Cost This Report Cumulative Project Cost Remaining Balance a Personnel/Salaries b Fringe Benefits c Travel d Supplies e Equipment Attach form 269a-1 ` $34 248 00 f Contractual Attach form 269a-1)* Construction Attach form 269a 1)* $18 107 00 ` h Other $2 000 00 1 Total Direct $54 355 00 Indirect Charges k Total 1 $54 355 00 Negative balances in any of the budget categories should be explained briefly in an accompanying narrative 11 CERTIFICATION I certify to the best of my knowledge and belief that this report is correct and complete and that all outlays and unligwdated obligations are for the purposes set forth in the award documents Signature of Authorized Certifying Official Typed or Printed name and Title Telephone (Area code number and ext) Date Submitted REIMBURS XLS NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS ITEMIZATION OF EQUIPMENT, CONTRACTUAL AND CONSTRUCTION COSTS SUPPLEMENTAL FORM 269A-1 Fr]I IIPAAFNT PI IRCHASFS /dunnn thw renort nenod)* NUMBER PURCHASED ITEM DESCRIPTION UNIT COST TOTAL COST TOTAL QUIPMEN PENDIT RES ust a ree with line 10e on Form 269a) CONTRACTUAL EXPENDITURES (during this reoort Denod)* VENDOR/SUBCONTRACTOR FOR TOTAL COST TOTAL CONTRACTUAL EXPENDITURES Must agree with line 10f on Form 269a) rnNRTRUCTInN FXPFNDITURFS (during this reoort oenod)* - ------- - - - VENDOR/SUBCONTRACTOR FOR TOTAL COST TOTAL CONSTRUCTION EXPENDITURES ( Must agree with line 1 Og of form 269a *Attach copies of invoices, receipt and other documentation of the expenditures Attach Additional Sheets, If Needed