1997-115C \~PDOC$\RES\DROP'OFF ORD
ORDINANCE 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 pro]ect, 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 Sol~d Waste Pro]ect"
(Subcontract No. 97-04-G32 hereinafter the "Interlocal Agreement"),
as a subcontractor to the NCTCOG in order to complete the pro]ect
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 w~ll enhance
the city being able to more effectively deal with solid waste
issues; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
S C~ 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 s~te 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.
~ 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.
~ 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.
~y~ That this ordinance shall become effective
immediately upon its passage and approval.
JAC~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ,u.~ ~, _
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Main Contract # 6106040061
Subcontract # 97-04-G32
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
INTERLOCAL AGREEMENT FOR SOLID WASTE PROJECT
The Texas Natural Resource Conservation Commission has certified that ~t has the authonty to
contract w~th North Central Texas Council of Governments by authonty granted ~n the Current
Appropriations Act, Texas Water Code, secbon 5 229 and Texas Health and Safety Code,
Chapter 371 Funds for th~s subcontract are currently available from the Sohd Waste D~sposal
Fund, through Texas Natural Resource Conservabon Commtsmon contract #6106040061 w~th
North Central Texas Council Of Governments
The NCTCOG has cerbfled, and the SUBCONTRACTOR certifies that ~t has authonty to
perform the services contracted for by authonty granted ~n "The Interlocal Cooperation Act,"
Texas Government Code, Chapter 791
Th~s Interlocal Agreement ~s entered ~nto by and between the part~es named below Neither
TNRCC nor the State of Texas ~s a party to thru Interlocal Agreement
I CONTRACTING PARTIES
The Contractor North Central Texas Council of Government
Hereto referred to as 'NCTCOG"
The Subcontractor C~ty of Denton
Here~n 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 Prows~ons & Attachment D - General Provisions"
COUNCIL OF GOVERNMENT SUBCONTRACTOR
North Central Texas
Council of Governmenta C,ty of Denton
SIg~afur~ ' ~ S~gnature
Mike Eaefland Ted Benavzdes
Name Name
Executive Director Qz~V Manager
T~tle
Title
ATTEST APPROVED AS TO LEGAL F0~
JENNIFER WALTERS, CITY SEC~TARY HERBERT L. PROUTY, CITY ATTORNEY
BY ~.~ BY
No~tr~l ~xas Council of Governments - Cl~ of Denton Landfill Drop-Off SI~ Page 1
Ma~n Contract # 6106040061
Subcontract # 97-04-G32
North Central Texas Council of Governments
Sohd Waete Interlocal Agreement
Table of Contents
Attachment A Special Prows~ons
Arbcle 1 Penod of Performance
Article 2 Scope of Services
Article 3 Obhgat~ons
Article 4 Identification of the F~Jndmg Source
Article 5 Reporting Requirements
Article 6 Momtonng Requirements
Article 7 Comphance w~th Apphcable Laws
Artmle 8 Prohibited Uses and Act~wt~es
Article 9 Authonzed Representatives
Article 10 Theme Phrase For Pubhc Education Matenals
Artmle 11 Equipment
Article 12 Construction
Article 13 Other Expenses
Attachment B Work Program and Schedule of Dehverables
Attachment C Budget
Attachment D General Prows~ons
Article 1 Legal Authority
Article 2 Scope of Services
Article 3 Purpose
Article 4 Types of Sohd Waste Implementation Projects & Apphcant
Article 5 Examination of Records
Article 6 Insurance and L~ab~hty
Artmle 7 Audits & Accounting Systems
Artmle 8 Amendments to Interlocal Agreement
Article 9 Termination of Interlocal Agreement
Artmle 10 Severablhty
Article 11 Copynght Clause
Artmle 12 Employment Practices
Artmle 13 Oral and Wntten Agreements
Artmle 14 ADA Requirements
Artmle 15 D~sadvantaged Businesses
Artmle 16 Fome Majeure
Article 17 Entire Interlocal Agreement
Appendix - Report Forms
B~monthly Report
F~nal Report/Special Form - Forms R1 & Rla
F~nanc~al Report Form
North Central Texas Council of Governments - C~ty of Denton Landhll Drop-Off S~te Page 2
North Central Texas Council of Governments
Solid Waste Interlocal Agreement
Attachment A Special Provisions
Article 1 Per~od of Performance
The penod of performance of th~s agreement begins on March 14, 1997 and ends on
Auqust 31, 1997
Article 2 Scope of Services
All part~es agree that the SUBCONTRACTOR, ~n consideration of compensation hereinafter
descnbed, shall provide the services w~th NCTCOG as specdlcally descnbed ~n Attachment B of
th~s Agreement and w~ll follow the Special and General Prows~ons The SUBCONTRACTOR
agrees to ~mplement the ProJect according to the agreed upon budget shown ~n Attachment C
of th~s agreement
Arbcle 3 Obhclat~ons
(a) Measure of L~ab~hty
In considerat~on of full and satisfactory performance hereunder, NCTCOG w~ll be hable to
SUBCONTRACTOR ~n an amount equal to the actual costs ~ncurred by SUBCONTRACTOR ~n
rendering such performance, subject to the following I~m~tat~ons
I NCTCOG ~s not I~able for expenditures made ~n wolat~on of, Arbcle 8, of th~s
Attachment which outlines prohibited act~wt[es as defined by the Texas Natural
Resource Conservation Commission (TNRCC), as excerpted from "General Provisions
for Texas Natural Resource Conservation Commms~on's L,st of Prohibited Act~wt~es"
2 NCTCOG ~s not I~able for any costs ~ncurred by SUBCONTRACTOR ~n the
performance of th~s agreement which have not been b~lled to NCTCOG w~th~n thirty (30)
days following termination of th~s agreement
3 NCTCOG ~s not hable to SUBCONTRACTOR for costs ~ncurred or performance
rendered by SUBCONTRACTOR for costs ~ncurred by SUBCONTRACTOR before
commencement of th~s agreement or after termination of th~s agreement
4 Except as specifically authonzed by NCTCOG ~n wnbng, NCTCOG ~s I~able only for
expenditures made ~n comphance w~th the cost principles and adm~mstrative
reqmrements set forth in Federal OMB C~rcular A-87
North Central Texas Council of Governments - C~ty of Denton Landfill Drop-Off S~te Page 3
(b) Method and Schedule of Payment
1 Request for Re~mbursement/Rnanc~al 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 whmh expenditures are cla~med SUBCONTRACTOR must
use the required F~nanc~al Report form w~th orlg~nal s~gnatures and provide
documentation (invoices, etc ) if any construction, equipment or contractual expenses
are claimed Expenses must be ~tem~zed on each Financial Reporting/Request for
Reimbursement form Allowable expend,tums are those authorized per the approved
budget, Attachment C The F~nanc~al Report/Request for Re;mbursement should be
sent to the NCTCOG Project Representative hsted ~n exhibit A-1
2 For all requests for reimbursement of equipment, payments w~ll only be approved ~f
the NCTCOG Project Representative has cert~hed, ~n writing, that the equipment has
been purchased and dehvered to the SUBCONTRACTOR
3 Payments Upon rewew and approval of each such hnanc~al report/request for
reimbursement, NCTCOG w~ll 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 ~f the balance for any s~ngle budget category ~dent~hed ~n
Attachment C of th~s Interlocal Agreement reflects a dehclt of
(0 more than ten pement (10%) for budget categones hawng approved amounts of
$1,000, or greater, or
(,) more than hfteen percent (15%) for budget categories hawng approved budget
amounts of less than $1,000,
4 The hnal F~nanc~al Report/Request for Reimbursement must be submitted w~th~n 30
days of the end of the project (September 30, 1997)
Article 4 Identification of the Fund~n.q Source
The SUBCONTRACTOR shall g~ve credit to the Texas Natural Resource Conservation
Commission and the North Central Texas Council Of Governments as the funding source m
all oral presentations, written documents, pubhc~ty, and advertisement regarding any act~wt~es
which are described in the Work tasks covered by th~s Agreement
Article 5 Prolect Reportm.q Requirements
(a) The SUBCONTRACTOR shall prepare and submit to the NCTCOG, a b~monthly written
progress report concerning performance under this Interlocal Agreement documenting
accomphshments and un.ts of work performed under Attachment B of th~s agreement See
Appendix for Bimonthly Report format The SUBCONTRACTOR'S b~monthly progress
reports should contain descriptions of act~wtms for the NCTCOG to ensure that the provisions
of th~s Interlocal Agreement are being comphed with In partmular, any legal research and
related legal actlwhes shall be clearly detailed ~n the bimonthly progress reports in order to
assure the NCTCOG that the act~wt~es are not prohibited under Article 8 of th~s Interlocal
Agreement (relating to Prohibited Activities) The SUBCONTRACTOR shall comply w~th any
reasonable request by the NCTCOG for additional ~nformat~on on act~wtms conducted ~n order
for the NCTCOG to adequately momtor the SUBCONTRACTOR'S progress in completing the
requirements of and adhenng to the provisions of th~s Interlocal Agreement
North Central Texas Council of Governments - C~ty of Denton Landfill Drop-Off Site Page 4
(b) A final progress report shall be provided in conjunction w~th the hnal request for payment
under th~s Interlocal Agreement, but, ~n 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 w~thheld by the NCTCOG unbl such t~me as any past due
progress reports are received The final report shall consist of the completed forms R1 and
Rla See,Appendix, for the Final Report forms
(c) The SUBCONTRACTOR shall prepare and ~abmlt to NCTCOG one Spec,al Report
documenting the success of the grant project and ~ts general impact on the commumty The
Special Report w~ll be due one year after the hnal report ~s due (September 30, 1998) The
Spec~at Report shall consist of the completed forms R1 and Rla See Appendix, for the
Spec,al Report Forms
(d) The SUBCONTRACTOR'S failure to comply w~th the requirements of th~s Article shall
consbtute a breach of th~s Interlocal Agreement
Article 6 Mon~tor~nq Requirements
(a) NCTCOG may periodically monitor SUBCONTRACTOR for
1 The degree of comphance w~th the terms of th~s Interlocal Agreement, ~nclud~ng
compliance with apphcable rules, regulations, and promulgations referenced hereto, and
2 The administrative and operational effecbveness of the project
(b) NCTCOG shall conduct periodic analys~s of SUBCONTRACTOR'S performance under th~s
Interlocal Agreement for the purpose of assessing the degree to which contractual objectives
and performance standards, as ~dent~fled in th~s Interlocal Agreement or as subsequently
amended, are achieved by SUBCONTRACTOR
(c) NCTCOG Project Representative must ws~t the SUBCONTRACTOR fac~hty and cerbfy m
wr~bng that equipment ~s on s~te ~n order for SUBCONTRACTOR to receive reimbursement for
equipment expenditures
Article 7 Compliance with Apphcable Laws
The SUBCONTRACTOR shall give all notices and comply w~th all laws, ordinances, rules,
regulations and order of any pubhc authority bearing on the performance of th~s contract,
~nclud~ng, but not hm~ted to, the laws referred to ~n th~s Interlocal Agreement If the
SUBCONTRACTOR or NCTCOG observes that th~s Interlocal Agreement is at variance
therewith ~n 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
Arbcle 8 Prohibited Uses and Act~vit~es
Unless authorization ~s specifically provided ~n accordance with the prowslons of th~s
Attachment, the SUBCONTRACTOR shall ensure that funds prowded under th~s contract are
not used for the following act~wbes, programs, or projects
(a) Duplication of Effort Act~wtles, projects, programs, studies, etc, that overlap or prowde
duphcate funding for projects under other State funding programs are not authorized If the
NCTCOG beheves that other program grant awards are ~nadequate to meet the needs of the
North Central Texas Council of Governments - C~ty 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 m accordance w~th the provisions of
Attachment A of th~s Intedocal Agreement
(b) Land Acquisition Costs Funds may not be used to acquire land or an interest ~n land
(c) Legislative and Lobbying Expenses Any expenses (including legal expenses, staff t~me,
travel, phone calls, telefaxes, etc ) that are related ~n any way to drafting legislation, lobbying for
legislation, or other poht~cal acbwt~es are not authorized
(d) Food/Entertainment Expenses Funds may not be used for food or entertainment
expenses, including refreshments at meetings and other functions Th~s prows~on does not
apply to authorized per d~em expenses
(e) Waste D~sposal Funds may not be used for the costs of d~sposal of waste This
restriction also apphes to the d~sposal of household hazardous waste or the cleanup and
d~sposal of wastes found at an dlegal waste d~sposal s~te
(f) Mumclpal Sohd Waste Expenses Only Funds may be used only for programs and act~wt~es
related to the management of mumc~pal sohd waste and, in parbcular, funds may not be used
for programs and actlvltms solely related to the management of hazardous wastes, used o~1, od
biters, antifreeze, or other special wastes This prowslon, however, does not apply to
authonzed programs or faclhtles for the management of House Hazardous Waste For
~nstance, a used oil collect/on site in itself may not be funded, but a HHW collection event
(including Texas Country Clean. Ups) or permanent HH W collection fac/hty invo/wng the
collection of used oll may be funded
(g) Landfilhng Expenses Funds may not be used for expenses d~rectly relating to landhlhng of
sohd waste, to include the pumhase of landfill-related equipment or landfill operational costs
Th~s prows~on, however, does not apply to the purchase and installation of scales at landfills
under the appropriate grant category
(h) Projects Requ~nng a TNRCC Permit Funds may not be used for projects or facdlt~es that
require a permit from TNRCC under state regulations Th~s prows~on, however, does not apply
to projects or act~wt~es that may be located on a permitted fac~hty which, by themselves, would
not require a permit and would otherwise be ehg~ble for funding (e g, recychng collection at a
permitted transfer station)
0) Projects Requ~nng TNRCC Reg~strabon Projects or facd~t~es that require registration w~th
TNRCC under state regulations, and which are otherwise ehg~ble, may be funded However,
only those expenses related to design and eng~neenng work necessary pnor to obtaining a
registration may be reimbursable before the registration is finally recewed No actual s~te
development, construction, equipment purchased, or slmdar expenses may be reimbursed pnor
to and untd such time that a required registration ~s received Remember that all projects must
be completed by the end of the grant term, so the amount of t~me necessary to obtain a
registration must be considered
(j) Projects that Create a Compet~bve Advantage over Pnvate Industry In accordance with
Section 361 014(b) of the Texas Health and Safety Code, a project or service funded under th~s
program must promote cooperation between pubhc and pnvate ent~t~es, and may not be
otherwise readily avadable or create a competitive advantage over a pnvate ~ndustry that
prowdes recycling or sohd waste services
North Central Texas Councd of Governments - C~ty of Denton Landfill Drop-Off S~te Page 6
Article 9 Authorized Representatives
(a) The NCTCOG hereby designates the person in Exhibit A-l, Project Representative, as the
~nd~wdual authorized to g~ve d~rect~on to the SUBCONTRACTOR for the purposes of th~s
Interlocal Agreement The NCTCOG Project Representative shall not be deemed to have
authonty to b~nd the NCTCOG ~n contract unless the EXECUTIVE DIRECTOR of the NCTCOG
has delegated such authonty
(b) The SUBCONTRACTOR shall ~denttfy, as its Project Representative, the person
authonzed to receive d~rect~on 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 b~nd the SUBCONTRACTOR ~n contract unless the
SUBCONTRACTOR, ~n writing, specifically I~m~ts or denies such authority to the
SUBCONTRACTOR'S Project Representative
(c) E~ther party may change ~ts Project Representative In add,lion, the Project Representative
of e~ther party may further delegate h~s or her authonty as necessary, ~ncludlng any delegation
of authority to a new Project Representative The party making the change ~n Project
Representative shall prowde written notice of the change to the other party
North Central Texas Council of Governments - C~ty of Denton Landhll Drop-Off S~te Page 7
Exh~b,t 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 Flaas Dr~ve, Suite 200
Arlln(tton. 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 lalenfl
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 Deoartment
Denl;on Munlcioal Utllltlee
901-A Texas Street
Denton~ TX 76201
Article 10 Theme Phrase For Pubhc Education Matenals
The SUBCONTRACTOR shall use the phrase, "Take It Pereonally?'on all wntten documents,
pubhc;ty, and adverbsement materials produced for pubhc education purposes Th~s cons;stent
~mage which w~ll appear on all materials d~stnbuted by the SUBCONTRACTOR w~ll promote an
understanding of the program, ;ts m~ss~on, and ~ts ~nterconnectedness w~th other ~ssues and
programs For the NCTCOG region, the slogan for all environmental resource conservation
outreach act~wt;es ~s "Take It Pereonallyl" NCTCOG shall furnish the SUBCONTRACTOR
w~th camera-ready artwork of th~s phrase for pr;nt~ng purposes
Article 11 Equipment
(a) For the purposes of th;s Agreement, equipment ~s defined as ~tems with a unit acqu~stlon
cost of $1,000 or greater and are subject to prior approval by NCTCOG before being
purchased The equipment descnbed m the Workscope and Budget (Attachments B & C) ~s
approved for purchase by the SUBCONTRACTOR If equipment purchases do not leg;t~mately
serve to fulfill the scope and purpose of the grant, then NCTCOG w~ll not reimburse the
SUBCONTRACTOR for such equipment purchases
North Central Texas Council of Governments - C~ty of Denton Landfill Drop-Off Site Page 8
(b) SUBCONTRACTOR ~s expected to conform to the appropriate b~d process according to
the SUBCONTRACTOR'S own ~nternal pohc~es and procedures SUBCONTRACTOR must
have cop~es of all b~ds received ~n relation to th~s project and kept as documentation The
cop~es of all b~ds should be kept by the SUBCONTRACTOR at the location hsted under Exhibit
A-1
(c) T~tle to equipment and any constructed fixtures acquired from funds provided under th~s
Interlocal Agreement shall, throughout the term of th~s Interlocal Agreement, be ~n the name of
the SUBCONTRACTOR All partms agree that upon full performance of th~s Interlocal
Agreement, t~tle shall remain w~th the SUBCONTRACTOR, prowded however, that ~f th~s
Interlocal Agreement ~s terminated, due to substantial failure by the SUBCONTRACTOR to
fulhll ~ts obhgatlons under th~s Interlocal Agreement, t~tle and physical possession of all
equipment and constructed fixtures shall, upon wntten notification from NCTCOG, be
transferred ~n good condition and with~n five (5) working days to NCTCOG
(d) The SUBCONTRACTOR agrees to conduct physical property ~nventones, to maintain
property records and necessary control procedures, and to provide adequate maintenance w~th
respect to all equipment and/or constructed fac~ht~es acquired under th~s Interlocal Agreement,
as set forth below
(e) The SUBCONTRACTOR may develop and use ~ts own property management system
which must conform w~th all apphcable state and local laws, rules and regulations If an
adequate system for accounting for personal property owned by the SUBCONTRACTOR or ~ts
subgrantee ~s not ~n place or currently ~n use, the Property Accounting System Manual ~ssued
by the State of Texas General Services Commission shall be used as a guide for estabhsh~ng
such a system
(f) A physical inventory of all equipment or property acquired or replaced under th~s Interlocal
Agreement hawng an ~n~t~al purchase price of $1,000 or more, shall be conducted no less
frequently than once every two years and the results of such mventones reconciled w~th the
appropriate property records Property control procedures ut~hzed by the SUBCONTRACTOR
shall ~nclude 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 ut~hze proper sales procedures to ensure the h~ghest possible return, m the event such
eqmpment or property ~s sold
(g) All equipment and/or constructed fac~htms acquired or replaced under th~s Interlocal
Agreement shall be used by the SUBCONTRACTOR or ~ts subgrantees, to support the
purposes of th~s Interlocal Agreement, for as long as the equipment or fac~ht~es are needed for
such purposes, whether or not the original projects or programs continue to be supported by
State funds
(h) The SUBCONTRACTOR or ~ts subgrantee, may for the purpose of replacing various
equipment or fac~hbes ut~hzed under th~s Interlocal Agreement, e~ther trade ~n or sell the
equipment or property referred to ~n Attachment C of th~s Interlocal Agreement and use the
proceeds of such trade-in or sale to offset the cost of acqumng needed replacement property
(0 Subject to Subsections (j) - (I) of th~s Section, ~f no longer needed for the support of the
authorized projects or programs referred to ~n Subsection (g) of th~s Section, equipment and/or
property acquired under th~s Interlocal Agreement, ~vhether ong~nal or replacement, may be
North Central Texas Council of Governments - C~ty of Denton Landhll Drop-Off S~te Page 9
used ~n support of other act~v~tms currently or previously supported by TNRCC, or alternatively,
may be made available for use on other projects or programs, prowng such other use w~ll not
interfere w~th the work on those projects or programs for which use equtpment or fac~htms were
originally acquired or constructed
0) If any equipment or property acquired or replaced under th~s Interlocal/'greement ~s sold or
transferred w~th~n S~x (6) years of the ~n~t~at~on date of the Interlocal Agreement, the
SUBCONTRACTOR agrees that TNRCC ~s entitled to a share of the proceeds from such sale,
prowded the fair market, per-unit value of the property at the t~me of the sale ~s ~n excess of bye
thousand dollars ($5,000) TNRCC's share of the sale proceeds shall be the same percentage
as was the funding prowded under th~s Interlocal Agreement that enabled the ongmal purchase
or acquisition of the property ~n question Property that ~s no longer needed and that has a fair
market, per-unit value of f~ve thousand dollars ($5,000) or less may be retained, sold,
transferred, or otherwise d~sposed of w~th no further obhgat~on to TNRCC, prowded the
requirements set forth ~n Subsections (k) and (I) of th~s Section are followed If the property or
equipment has a fair market, per-unit value of hve thousand dollars ($5,000) or more and less
than s~x years has elapsed from the ~nit~at~on of the Interlocal Agreement, the
SUBCONTRACTOR or the subgrantee must contact TNRCC for f~nal d~spos~t~on ~nstruct~ons
(k) If, pnor to the termination date of th~s Interlocal Agreement, the SUBCONTRACTOR or ~ts
subgrantees determines that any equipment or constructed fac~ht~es acquired w~th funds
prowded as a result of th~s Interlocal Agreement ~s no longer needed for support of the
programs or projects referred to ~n Subsection (g) of th~s Section, TNRCC may require the
SUBCONTRACTOR to transfer t~tle and possession to such equipment or movable constructed
fac~ht~es to a third party named by TNRCC
(I) The SUBCONTRACTOR agrees that ~f a determination ~s made after th~s Interlocal
Agreement has terminated that any equipment or constructed fac~ht~es acquired w~th funds
provided as a result of th~s Interlocal Agreement ~s no longer needed for support of the
programs or projects referred to ~n Subsection (g) of th~s Section, TNRCC has a nght to require
the transfer of any equipment or movable constructed fac~ht~es having a fair market, per-unit
value of more than f~ve thousand dollars ($5,000) to a third party named by TNRCC
(m) The SUBCONTRACTOR shall not grant or allow a third party a security ~nterest ~n any
ong~nal or replacement materials, equipment, or fac~ht~es purchased or constructed w~th funds
made available to the SUBCONTRACTOR under th~s Interlocal Agreement
(n) The SUBCONTRACTOR agrees that, ~n the event any funds prowded under th~s Interlocal
Agreement are ~n turn awarded to any subgrantee for the purchase or acquisition of any
equipment or constructed fac~htms, by such other party, the SUBCONTRACTOR'S Interlocal
Agreement w~th that subgrantee shall ~nclude the requirements set forth ~n Subsections (d) - (n)
of th~s Section
Article 12 Construction
Appropriate construction costs are authorized as ~dent~hed ~n the Work Scope (Attachment B)
and Budget (Attachment C) Expenses budgeted under th~s category should be for costs
related to the enhancement or building of permanent fac~ht~es For example, fac~hty design, s~te
preparation and fac~hty construction, ~nclud~ng slabs, pawng, awning, attendant shelters and
samtat~on fac~ht~es, fencing and hght~ng, and containment berms and platform truck scales and
electromc data-recording equipment The SUBCONTRACTOR ~s expected to conform to the
North Central Texas Council of Governments - C~ty of Denton Landhll Drop-Off S~te Page 10
appropriate b~dd~ng process according to the SUBCONTRACTOR'S own ~nternal pohc~es and
procedures Appropriate costs that may be ~ncluded are
A The costs of planmng 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, ~nclud~ng contracts for serwces, performed as part
of the construction, ~ e Landfill scale ~nstallat~on eYpenses
Article 13 Other Expenses
Other expenses, not falhng under the mare expense categories, are allowed as ~dentffmd ~n the
Budget (Attachment C) The restrmt~ons set forth ~n the Umform Grant and Contract
Management Standards apply All expenses budgeted under th~s "Other" category should be
~tem~zed by the project funds recipient when requesting reimbursement Some expenses that
may be appropriate ~nclude
A Postage/dehvery G Training
B Telephone/FAX H Off~ce Space
C Ut~ht~es I Basic Ofhce Furmsh~ngs
D Printing/Reproduction J Legal costs for est Interlocal Agreement
E Advert~s~ng/Pubhc notices K Vehicle Maintenance
F S~gnage L Any others
North Central Texas Council of Governments - C~ty of Denton Landhll Drop-Off S~te Page 11
ATTACHMENT B
Work Program and Schedule of Dehverabtes of SUBCONTRACTOR
1 April 15, 1997 - receive City Council approval of tnter-local agreement
2 April 16, 1997 - m consultation with the C~ty's Purchasing Department, develop and issue
contoaner b~d specifications including reqmred newspaper advertising As construction of the
faclhty's interior progresses, begin construction of the fac~hty's outside pubhc access
horseshoe shaped roadway
3 April 21, 1997 - using landfill personnel and eqmpment, beg~n construction of the ~ntenor
bay area Begin dehvery ofutlhty poles from the City's poke yard to the fac~hty s~te and plan
for location of ~nstruct~onal and information s~gnage
4 May 21, 1997 - hold bid opening at Purchastng Department and select bidder Prepare C~ty
Council agenda ~tem requesting Council approval of b~d selectton and authorization to ~ssue
the purchase order for contmners,
5 June I0, 1997 - request Council approval of btd select~on and authonzatmn to ~ssue the
container, asphalt, and gravel purchase orders
6 June 11, 1997 ~ ~ssue purchase order for containers, asphalt, and gravel and for fac~hty stte
s~gnage
7 July 7, 1997 - take dehvery ofcontmners and gravel Begin final phase of s~te construetmn to
include asphaltmg of loading/off-loading interior of fac~hty and gravehng of pubhc access
roadway Commence facility advert~slng campaign ~n Denton and area newspapers, on cable
channels, and w~th issuance of letters to regular landfill customers Begin d~stnbutmn of
flyers to all landfill customers from landfill scale house
8 July 21, 1997 - fimsh site construction and place containers m bays and erect s~gnage
9 July 28, 1997 - open s~te to the pubhc Tape facthty m operation for use m preparing a cable
channel ad
North Central Texas Council of Governments - C~ty of Denton Landfill Drop-Off S~te Page 12
P~'olect Apphcatlon Form
,~l]proved by RCC at June ]3 1996 Meeting
IFOR NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTM ~,~c
ATDC-97-01 LOG IDENTIFICATION #
The North Central Texas Councd of Governments
In Cooperation with the Texas Natural Resource Conservation Commmslon
SOLID WASTE GRANT FUI~DING PROJECT APPLICATION FORM FY97 CYCLE
~- GENERAL PROJECT INFORMATION
Name of Local Applicant C~ty of Denton
T~tle of Prolect Landhil Drop off S~te
Total amount of grant prolect cash funds requested$§4,3§§
Matching funds, ~f any $10,556
Total cost of prolect (sum of above 2 lines) 864,911
Local Contact for Prolect Joe lalent~
Tel# 8175668467 Fax#8173837334
PROJECT PROPOSAL Sections 1 5
oblect~ve of your proposal (chock only one!
Minimizing Apartment and Commercial Trash (10 points)
Mm~m~zmg Household Trash (7 pmnts), or
-- Expandmg Recychng Markets (7 points)
Stopping Illegal Dumping (8 points)
X Assurmg Treatment and O~sposal ~'qpac~ty (3 pmnts) . --
i Xcmt¥_datXrecyclp6969p ,NCTCOG
£NVIRONMENTAL RESOURC£S
~rolect Application Form
3,peroved by RCC at June 13 1996 Meeting
2 Prelect Merit and Need (040 Points)
Please I~m~t tho total space for rh~s section to no more than 2 pages MINIMUM FONT S~ZE IS
Clearty describe the proposed prelect and justify cs need ~n a form consistent w~th the prior,tv categor¢ strategies and
recommendations ~n the Reg/o/~a/P/an Specify now th~s prolec~ targets an~ maximizes ~vaste stream d~vers~on m the
prelect area er steps ~llegal dumping ~0 15 Pta)
The Qty of Denton proposes to estabbsh a large, mult~ material pubhc recychng drop off facdlty at ~ts landfdl on a one
acre s~te that wdl eventually approximate ~n s~ze and scope the Dry Gulch drop off facd~ty off of Harry H~nes Bird
Dallas As the first step m such an undertaking, the C~ty wdl construct ten bays to hold a 40 yard open top container
each to accept variously aluminum, steel/tm clear brown and green glass, and newspaper Scrap metal such as
guttering and piping wdl also be accepted In addition, the C~ty wdl construct a fenced and gated area adlacent to the
drop ff s~te to accept used appbances
To facd~tate and maximize the s~te's pubbc access~bd~ty and safety and to enhance future expandabhbty, the faclbty
wdl be positioned along the landfill's ma~n access road near ~ts entrance The s~te ~tself wdl be constructed ~n a
horseshoe shape resembhng a stair step pyramid la~d on ~ts side (see attached dlustratmn) Each of the s~te's ten bays
wdl he 24 feet long, 10 feet wide, and 8 5 feet high and wdl be large enough to hold a 40 yard open top container
Each bay wdl be on the ms,de of the pyramid and wdl be constructed of stacked and braced wooden utd~ty poles
obtained from the C~ty's Electric Department The use of these pole~ has already been proven adequate to meet the
s~te's design requirements and wdl minimize constructmn and maintenance costs The floor of each bay wdl be flush
w~th the level of the surroundmg asphalted ground to permit the unobstructed loading and unloading of the open top
containers by collectmn trucks when the full containers are to be transported to market The large area on the inside
of the pyramid wig provide sufficient room for the maneuvering of collection vehicles and the surface of this area wdi
be improved w~th asphalt to permit the ail weather access of recychng vehicles
The outside area of the pyramid wdl actually be tn 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 wig be
sloped upward from the landfill's access road to permit customer cars, trucks, traders, otc to drive up or back up to
the hays in this posLtlOn, these vehicles wdl be at a level about one foot above the edge of the containers and they
wdl he 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 apphances r~ght next to the main facility
Th&s area w~fl be fenced and gated and tis surfaced graveled The pubbc wdl be ~nv~ted to drop off their used
apphances in this area The City wlii contract with a Ioca~ appliance recycter to coflect these appbances and recycle
them
In 1997, the City wdl begin the landfill's 200 acre expansion The site that the C~ty has chosen for the proposed drop
off facdity will be located in the expansion area adlacent to the C~ty's centralized co.posting, grinding, and haling
facd.ty Normally, the landfdl ~s 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 ? M Although tt wdl be within the expanded landfdl's fenced area m order to
provide after hours security, the drop off s~te will be open to the public during these normal operating hours
Over the past several years, Denton's {andfdl has experienced tremendous growth In its tipping tonnage Just since
1991, d~sposal tonnages have increased from luSt over 72,000 tons to an estimated 90,000 tons (25%) ~n 1996
~ Icrnty_dat~recyc~p6969p
Prolecr Ailpl~catlon Form
Aoprovea bY RCC at June 13 1996 Meeting
wh~le tonnage is expected ~o exceed 130,000 tans (44%) by the year 2000 Part of th~e ~ncrease ~s due to the area's
burgeoning economy w~th ~ts expanding population and emphas~s on construction and redevelopment However at the
same t~me, the north Texas area ~s experiencing a slgmflcant decline ~n ,he number of public Iondfdls As a
consequence an ~ncreas~ng number of d~sposers are esther forced to use the Denton landfdl or are using ~r as their
landfill of preference Because th~s trend ~s hkei¥ to cont~nu~ ,nfo the next decade and beyond ,he C~r¥ wdl
200 acre expansion of the landfill ~n 1997 w~th an expected hfe of 37 years
Of course, as the C~ty s Suhd Waste Master Plan states, the primary factor that wdl affect the I~fe of the C~ty's
expanded landfill and conserve landfill space will be Denton's recycling dwers~on rate which ~s prolected ~n 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 ~s recyclable, the C~ty behoves that ~t can successfully meet ~ts d~vers~on goals by ~mplementm9 a w~de range
of recycling actw~tms including the type of public drop facd~ty s~te proposed above
Gwen the current and prolected economics of landflllmg plus the fact that Denton recognizes ~ts respons~bd~ty to contribute
to the north Texas area's landfdhng needs, the C~ty's Plan antlc~pates reg~onabzatmn of the expanded landfill by the end
of the decade ~f not sooner
Consequently, th~s program supports the following Regional $ol~d Waste Management Plan for North Texas Action
Recommendations
Recommendatmn #9 supports the region's pohcy for continuing to be self sufficient m tis own municipal sohd waste
management capacity
Recommendatmn #10 encourages all landfill operators to operate facd~tms to minimize incoming waste and meet all permit
conditions to conserve and maximize ex~stmg space
Recommendatmn #12 supports the need for landfdl facd~tms as a long term component of the region's sobd waste
management program
a Who would be d~rectly served or benefited? What ~s the affected geography (lunsd~ctlons revolved)? (0 5 Pts)
Because the site wdl be located at the C~ty's landfill, the s~te wdl d~rect{y serve the landfill's cash customers,
many of whom bring m recyclable waste from rural county areas, and contract customers wMch bring in
recyclable waste from all over the north Texas region Together these customers typically account for over 30
per cent of all landfdl d~sposals and since October, 1995 have accounted for over 3,400 landfill transactions By
providing on site recycbng containers, these customers will be able to pre sort thmr loads knowing that they will
have a convement facility in wMch to deposit thmr recyclable waste As a consequence, customer loads intended
for,landfLihng wdl s~gmflcantly 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 thmr loads to divert
recyclables to the new facdlty
The convemence of such a faclbty will not only make recycling easier for landfill customs, but ~t will also
Lmptove opportunities for recyclers in the surrounding communities and the unincorporated areas of Denton
County where there are few ~f any recychng facditms In fact, the nearest drop off s~tes south of Denton ate m
The Colony The proposed facthty would be located w~thm lust a few mdes of Denton's southern nmghbors such
t Icmty_dat~rec¥c/j~6969p
as the cities or Shady Shores gorlnth Lake Dallas and H{cKorv C eeK wnose c~zens fr,.quenttv contact the City
of Oenton to f~nd out where ~n Denton they can I~r,ng '~e*r ,ecvclabie waste Although ,hose c~t[es are
geographically closest to Denton the landfdl typically rece,ves ,'~aste fram other crees o~ the County such as
L,ttle Elm SanDer H~ghlano Vdlage Ponder Krum Argyle ~nu Audrey Of cuurse much of the waste from these
~utlylng munlclgal~leS ~s recv-~able The proposed ~ac]~t, ~e z~d~ ~e es~ec~adv accessible to County residents
because ,t ~s located a~ the C~tv County bounear~
The faclhty wdl also serve as an addition to Denton s curren~ s~x mult~ mater~a~ drop off s~tes In a ~ecent
recychng survey pt the Denton commumty, 51 8 per cent of respondents who de no~ recycle stated that the
primary reason they do not recycle ~s because of the mconvement Iocatmn of recychng s~tes Because th~s s~te
would be the only one located on t~e east s~de of Benton ~t would make recychng apprecmbly more convement
and accessible for several thousand Benton residents who would recycle ~f a s~te were located close by
b Partnerships (0 5 Pts) Indicate ~f the apphcant has partm~pated ~n local sohd waste management planning
activities, demonstrating a commitment to sohd waste management goats, alone or m cooperatmn with other
communities Describe if the p~olect is multgunsdlct[onal, cooperative or regional m nature, and who the primary
apphcaflt and partners are Describe whether the prelect promotes pubhc/prwate cooperatmn (~f apphcable)
The Benton C~ty Councd and the City's Pubhc Utd~t~es Board have long recogmzed the need for commumty
supported sohd waste management programs Through Councd and Board d~rected actmns m 1992, the Sohd
Waste Master Plan Advisory Committee was formed from amen90enton c~uzens and m March, 1995 ~ssued ~ts
Sohd Waste Master Plan The Plan ~dentff~es several sohd waste management actwmes to be conducted over
the next 20 years and ~ts recommended management scenarm anUc~pates the regmnahzatmn of the expanded
landfdl by the end of the decade It ~s th~s recommendatmn that currently forms the bas~s for the C~ty's sohd
waste management acUvmes and proposed expenditures All elements of the Plan are supportive of the State's
preferred management hmrarchms as estabhshed by the Texas Sohd Waste D~sposal Act and of the Regmnal Sohd
Waste Management Plan for North Central Texas
Although th~s prelect wd~ start off modestly by comparison w~th the s~mdar Dry Gulch pubhc recychng drop off
facdLty m Dallas on which ~t ~s modeled, the C]ty expects the facd,ty's scope to eventually approximate that of
Dry Gulch Right from ~ts opemng, the s~te wdl be avadable to residents, businesses, and landfdl customers from
ail over the no~th Texas regmn The C~ty intends to aggresswely promote the facd~ty's avadabd~ty and use among
its landfdl customers as well as those of surrounding communmes and Denton ~es~deflts The landfdl ~s already
the landfdl of chmce for many north Texas customers as far away as Jacksboro, Gamesvdle, and Carrollton As
the attntmn of landfdls m the regmn conUnues, th~s facd~ty wdl be umquely posttmned to d~vert s~gmflcant
recyclable tonnages from landfdhng
Since 1988 when the C~ty of Denton constructed ~ts first pubhc drop off recychng s~te, Denton has worked
successfully to promote ~ts cooperation w~th recychng enterprises Both th~s apphcatmn and the City's upcoming
recychng request for proposals which wdl be ~ssued m the next few months wdl continue that promotmn To
provide market t~ansportatmn and commodity processing of the recyclables collected at the landfdl drop off sLte,
the Ctty wdl recrmt the services of a recychng company The C~ty wdl also use the marketing expemse of th~s
company to promote the faclhty and to expand it to accept addmonal recyciabies
Attached are letters from Ptonee~ Paper, BFI, and Fulton Recychn9 and Supply m support of Denton's proposal
All of these recychng companms ~ecogmze the potefltml which th~s facd~ty has to ~mpact the regmn's d~versmn
rate and to provide a umque recycling opportumty for north Texans as well as recycling promotmn
~/cmty_datlrecyc~p6969p
PmleCt ApellcarJon Form
~pproveo bv RCC at June 13 1996 Meeting
c Needs (0 12 Pts)
(e) if th~s *s a startup or p~lot prolec! where no such orogram exists how does ~t benefit the Iocat government
or re'~lon? or
,~) If th[~ ~s an enhancement of an existing program g~e a nrtef closer,preen of ~our ex~srmg program and ~ndlcate
how the proposed prelect wdl s~gmflcantly ~mprove the program?
Strictly speaking, perhaps th~s project cannot be considered to be exactly a startup or p~lot project because ~ts
design and intended use ~s slmdar to the C~ty's s~x mult~ matenai drop off ex~stmg s~tes which typlcagy accept
aluminum, steel, glass and newspaper whde several of these sites also accept used od and fdters and cardboard
However, the current and prelected scope of tMs prelect as well as ~ts Iocatmn makes ~t substantial[ d~fferent
from the C~ty's other drop off s~tes As stated above, the s~ze and scope of this facd~ty wdl eventually
approximate that of the Dry Gulch facdlty in Dallas Although the s~te wdl start off accepting customary
recyclables such as aluminum, steel, and glass, w~tMn the first year, ~t wdl also beg~n accepting scrap metals,
plastic, office paper, cardboard, used od and filters, and newspaper Eventually, the C~ty hopes to expand the s~te
to accept clothing and household goods Along w~th that expansion, the C~ty wdl estabhshmg relatmnsh~p w~th
not for profit orgamzatmns ~n Denton to work at the s~te and funnel useable ~tems to these orgamzat~oes for
chamable use
The C~ty also mteflds to link th~s prelect w~th ~ts umque Cable Swap Program which is corned on the C~ty's local
government cable Channel The Swap Program allows c~t~zens to exchange w~th each other all types of used
goods with the purpose of keeping them out of the landfill During tha coming year, the Swap Program wdl be
expanded to include the exchange of commercial goods The proposed drop off s~te will serve also a deposLtory
for these goods
d Past Funding Has the (primary) applicant applied but not recmved sohd waste fee funds through [he NCTCOG
m the FY96 cycle, in any of the priority prelect categorms? (3 Pts ~f applicant has not received funds, 0 Pts ~f
funded)
Yes The City of Denton Solid Waste Department submitted tan grant apphcatmns during the first round of
apphcatmns in 1996 None of these apphcatmns ranked h~gh enough to be funded
I Icmty_datlrecyc~p6969p
Prolect A~pt~carmn Form
~D~roved by nCC at June 13 1996 Meeting
Are malor tasks identified and described in tug,cai understandable manner achlevln{:J the prolect oblectlves? (0 10 ptsL
a Are measurable outputs identified? ~0 5. pts)
During 1997, the City s ianaflil wdl dispose of over 90 ,,,}0 tons of waste of which cash and contract customers wdl
generate about 27 OOO tons The C~ty believes that fain 30 or per cent or over 8 000 tons of this amount wdl be
recycled In addition, the Qty believes that Denton and county residents as well as those of surrounding c~tms will
generate another 2 000 tons annually, As a result this site by ~tself w~ll generate over 10 000 tons of rec¥clables,
an amount that wdl exceed the recycling tonnage generated by all of the C*ty s current s~tes and its weekly yardwaste
collectmns as estimated for 1996
b is there a clearly def,qed timetable? (0 5 pts)
Assuming that grant contracts would be avadable from the NCTCOG's Jn m~d October, 1996, the Qty of Denton would
proceed with the following grant ~mplementat~on timetable
1 November 18, 1996 advise the C~ty Councd and Public Utdltms Board of contract status and request approval
to proceed w~th grant ~mplementat~on including construction of facd~ty and container purchase
2 December 2, 1996 using landfltl personnel and equipment, begin constructmn of the interior bay area, Begin
dehvary of utd~ty poles from the City's pole yard to the facdlty sLte and plan for location of ~nstruct~onal and
mformatmn s~gnaoe
3 January 2, 1997 in consultation w~th the City's Purchasing Department, develop and issue contmner bid
specifications including required newspaper advertising As constructmn of the facd~ty's interior progresses,
begin construction of the facLbty's outside pubbc access horseshoe shaped roadway
4 January 23, 1997 hold bid opening at Purchasing Department and select Mdder Prepare C~ty Councd agenda
~tem requesting Councd approval of Md select,on and authonzatmn to issue the purchase order for containers,
asphalt, and gravel
5 February 18, 1997 request Council approval of hid selectmn and authonzatmn to ~ssue the container, asphalt, and
gravel purchase orders
6 February 19, 1997 ~ssue purchase order for containers, asphalt, and gravel and for facd~ty s~te s~gnaga
7 March 10, 1997 take delivery of containers and gravel Begin final phase of s~te constructmn to ~nclude asphalting
of Ioadmgloff loading interior of faclhty and graveling of pubbc access roadway Commence facd~ty advertising
campmgn m Denton and area newspapers, on cable channels, and w~th ~ssuance of letters to regular landfdl
customers Begin d~strlbutmn of flyers to oil landfill customers from landfdl scale house
8 March 28, 1997 finish s~te construction and place containers m bays and erect s~gnage
9 Aprd 7, 1997 open s~te to the public Tape facdLty m operatmn for use m prepanng a cable channel ad
i Icrnty_dat~recyc~l~6969p
~pprove~ by RCC ai June 13 1996 MeeUng
c Extra points for innovation creativity, cooperat] e approach andlor a well wmten program (0 5 pts)
Altl~gh at first glance the proposed drop off facility may appear TO be l~ke any other drop off fac~lLty ,t w~ll ~n fact
be quite unique While mast drop off facilities are reid ,ye v small th~s fac~bty wdl occupy close to an acre Inmally
the site w~l[ accept the usual and customary types OT recyc,aoles such as aluminum steel and glass Howeva' before
the end of ~ts hrst year of operation the C~ty w~ll add sJgn~flcantly to the types of recyclables collected at the s~te
such as household and commercial goods Th~s s~te will not simply be a transfer station for recyciables but a
reposttory for reusable household and other goods that still have a useful I~fe and would otherwise end up in the
landfdl As stated previously m th~s application, the C~ty wdi pursue opportumtles to make these recyclable goods
evadable to not for profit orgamzat~ons tn Benton and ~ts surrounding commumt~es
Because much of what ~s collected at the s~te wdl be traditional recyclable commod~tms such as aluminum and
steel, they wdl require transport to market and processing As the attached letters of support from recycbng
companies state, these compames will prowde the C~ty w~th such recycbng servmes
Overall, the C~ty enws~oes tMs prolect as a springboard to a facd~ty the scope of which wdl s~gmflcantly exceed that
of most recycling drop off famhtms As such, It wdl not only have a s~gmflcant ~mpact on the regmn's dwersmn rate,
but ~t wdl also stgmflcantly ~mpact the pubbc's perception of recycling The facd~ty's h~gh profde ~n the commumty
should be an ~mportant recycling educational tool and wdi undoubtedly spur recychng actw~ty
~ Xcmt¥_datlrec¥c/p6969p
Prolec! Application Form
~pproved bY RCC at June 13 1998 Meenng
Ident~fv staff or other entitles resl]ons~ble for undertaking the prolec[ and t]rleflv describe thmr appropriate experience (0 3
go~nts
The ~eslgn ~onstructlon and dj]oral,on or toe facility ~,' h eke 2Jace ~naer the sugervislo~ of the C~ty s Recycling
Cooramator and 'he Lentil,il s suDGrv~so
Joe lalen[~ became the C~ty s hrst Coora~nator ~n Apf~[ ~995 Joe nas over 20 years of mumc~pal manage~nt experience
including 8 years of Utd~ty Department experience w~th the Cdy of Denton Prewous to becoming the C~ty's Recychng
Coordinator, Joe served as the C~ty s Sol~d Waste Department Administrative Ass~stam handling all aspects of Solid Waste
management including adm~mstrat~on of the C~ty's recycbng effort
Dawd Ougger has served as the Landfill's superwsor since 1992 and has been responsible for the on s~te superwsmfl of
the C~ty s yardwaste grinding operation and its appbance recychng storage area Dawd holds both B and C State sohd
waste certifications and ~s also certified by the State as a waste materials control inspector
if the proposed project could become an ongmng serwce, describe how the project may be sustmned beyond the grant
permd (0 2 pomts)
The C~ty has every mtentton of maintaining this facd~ty as ~ts permanent premmr recychng drop off s~te The C~ty wdl
mamtmn the s~te and be responsible for ~ts t~mely expansion ~n th6 same way that all of the C~ty's drop off s~tes are
supported by the C~ty with solid waste revenues and recychno commodity revenues As such, all proposed expenditures
associated w~th the s~te wdl be ~ncorporated rote the Sobd Waste Department's annual operating budget and the s~te's
expansmn wdl be incorporated ~nto the Department's Cap~tal Improvement Plan
Indicate ~f the appbcant or a partner m a group of apphcaflts ~s a Clean Texas 2000 local government, a cert~fmd Keep
America Beautiful c~ty, and/or a Proud Commumty m Keep Texas Beautdul, thus demonstrating a commitment to
enwronmental programs m the community, and/or ~f the apphcant has a Local Solid Waste Management Plan, developed
and adopted according to the State's Subchapter 0 gmdehnes (O 5 Pomts)
In Aprd, 1996, the C~ty of Denton was designated as a Clean Texas 2000 city In May, 1990, the C~ty was also
designated as a Keep America Beautiful c~ty and m 1993 was designated as a Proud Commumty
- a If appbcaflt ~s prowdmg cash matching funds (not m k~nd serwces) to red,cate special commitment, please indicate
th~s The cofltrlbutton ~s taken ~nto cons~deratmn by the RCC (0 5 Pts for cash match equal to or greater than
prelect, assigned at d~scretmn of rewewer) Please provide more detads m the Prelect Budget sectmn, Detaded
Budget Sheet 8
The C~ty ~s prowd~ng cash match funds of ~10, 556 m the form of labor and heavy equipment rental to construct
the project faclhty
~ Icmty_dat/recyc/j~6969p
CITY OF DENTON
LANDFILL RECYCLING DROP-OFF FACILITY
ROLL-OFF CONTAINER
SERVICING AREA
(gravel)
OPEN TOP
CONTAINERS
PUBLIC ACCESS PUBLIC ACCESS
(gravel) (gravel)
LANDFILL ROAD
COMPOSTING FACILITY
ATTACHMENT C
SUBCONTRACTOR Budget & Detailed Cost Sheets
North Central Texas Council of Governments - C~ty of Denton Landhll Drop-Off S~te Page 13
Project ADpJlcatlofl Form
A~pmveo by RCC a~ June 13 1996 Meeting
5 PROJECT BUDGET (0 10 pmnts) Please hll out th~s form w~lh the osl breakdown estimates of your proposed I)rolect If th~$ budget
BUDGET CATEGORY AMOUNT
1 Personnel/sa(arias $
2 Fnnga benehts $ 0
3 Travel ~ 0
4 Supphes $ 0
5 Eqmpment $ 34,248
6 Constructmn $ 18,107
7 Contractual (other than for construction)
8 Other
Total #lrect charges (sum of I 8) $ 54,355
9 Indirect charges* $ 0
Total, pro/oct fun#lng requested (sum of I §J $ 54,355
Matching Cash Funds (optmnal) I ~10,556
Note a cash match contribution/s awarded pmnts under Sect/on I
4 (d) The mformatmn provided here/$ solely for budget
explanation and does not wa/gh into the score for this Item
IWhat Js the TOTAL COST of the proposed prolect, cons,daring the total prolect funding requested and the matching cashll
funds bmng prowded by the apphcant ~ 64,911.
i Icmty_daflrecyc~p6969p
Attachment to PreleCt Budget
Al3provno ~v RCC at June 13 1996 meeting
DETAILED BUDGET SHEET 4 Prelect Funded Eqmpment
This budget ~eet should be completed ~f am( expenses are entered for 9~u~pment on L~ne 5 of your Prelect Budget
Sommary otherwise ommt $34 248
Eqmpment includes all non construction related tangtble property nawng a umt cost of $1 000 or more with an estimated
useful hfe of over one year In the space betow please describe the types of equ~pmer, t you intend to purchase w~th
prelect funding, providing specifications if possible at th~s t~mo Indicate how you obtained an estimate of the cost (vendor
bid, estimate, hterature review, industry or market prices) if you intend to use the State cooperative purchasing bst as
a potential source, please ~ndlcate so
The prelect will reqmre the purchase of the following eqmpment
12 40 yard open top contmners
Length 23 ft Front and s~des 11 gauge sheet metal
Hmght 93 roches Bottom 3116 tach tensde plate
W~dth 96 ~nches Wheels B tach by 9 tach sand pads on front
8 tach by 12 tach rollers on rear
Cable hook 1&1/4 tach plate steel
Cost per container 92,854
Th~s estimate was obtained during July, 1996 d~rectty from the City's preferred vendor
Two of the 12 requested containers wdl be used as swap out containers when cofltalners are being emptmd
Attachment to Project eudger
~pproved by qCC al June 13 t996 meeung
DETAILED BUDGET SHEET 5 Prelect Funded Construction
Th~s budget sheet should be completed ~f any expenses are entered for construction on Une 6 of ~our Prelect Budget
Summary otherwise om~r $18 107
Construction coats include facdlty design SIte preparation and ~aC~ilty construction Construction ~osts may ~nciude
work prowded rather by the prelect funds recipient or through subcontracts for outside services
Afl app//ca/~/e /wws and regu/mtlo#s for/###lng ~## contracting for services must be fo#owed
in the space below, please describe the construction expenses associated w~tb the proposed prolect, providing as many
specifications as possible at th~s time (please ident~f¥ any serwces to be subcontracted)
This project calls for the subcontracted construction of a fence area for the deposit of used appliances
200 feet of 8 ft cyclone steel fenc,ng with double wide 9ate
Cost estimate $800
Th~s project calls for the subcontracted a.phattlng of the interior portion of the proposed facihty
5,625 sq feet of asphalt paving w~th stabd~zed cement base
Cost estimate $8,807
Th~s project calls for the gravehng of the facd~ty's pubhc access roadway
1,000 yards of s~ze gravel
Cost esumate $8,500
~ttac~mefl! to Prelect Budget
~Opreved by RCC at June 13 1996 meeong
DETAILED BUDGET SHEET 7 Project Funded Other Expenses
Th~s budget sheet should be completed if any expenses are entered under other on Line 8 of your Prelect Budget
Summary otherwise omit Other' expenses are those for ~tems or serwces wnlcll do nut readily fit rote any of the
other budget categories m this api~hcat~un (f you w~l[ have adJ~t[onat 'other expenses not already hsted below
please I~st these expenses at the bottom of this sheet If any of the expenses hsted below are ~ncluded ~n the
calculation of your rate for ~nd~rect charges do no~' hst them on th~s sheet
Postage/debvery
Telephone~FAX
Utd~t~es
Printing/reproduction
Advert~smglpubhc not~ces
2,000 S~gnage
Tralmng
Office space
Basic office furmshmgs (desks, chmrs, fdmg cabinets)
Please ~dent~fy "AddLtmnal other" expenses below
$2,000 entered on Line 8 of your budget summary
North Central Texas Council of Governments
Solid Waste Interlocal Agreement
Attachment D General Provismns
Article 1 Le,qal Authonty
The SUBCONTRACTOR warrants and assures NCTCOG that ~t possesses adequate legal
authority to enter ~nto th~s Agreement The SUBCONTRACTOR'S govermng body where
apphcable has authorized the s~gnatory official(s) to enter ~nto th~s Agreement and b~nd the
SUBCONTRACTOR to the terms of th~s Agreement and any subsequent amendments hereto
The SUBCONTRACTOR agrees to adhere to the prows~ons of section 330 569 of the TNRCC
Municipal Sohd Waste Regulations, the Umform 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 outhned ~n the General
Prows~ons and Change Orders which are hereby ~ncorporated ~nto and made a part of th~s
Agreement as ~f set out word-for-word hereto
Article 3 Purpose
(a) The purpose of th~s Interlocal Agreement (Agreement) ~s to accomphsh the goals of House
B~II 3072, 74th Texas Legislature (19950, as they relate to d~stnbut~ng sohd waste fee revenue
funds to support local and regional sohd waste projects consistent w~th the regional sohd waste
management plans approved by the TNRCC and to update and maintain those plans
(b) Under the overall goals of the funding program estabhshed under House B~II 3072, the
more specific purposes of this Agreement are
1 To enable the NCTCOG to carry out or conduct various municipal sohd waste
management-related services and support activities w~thm the NCTCOG's regional
jurisdiction, and
2 To adm~mster an efficient and effective, reg~on-w~de, pass-through (subgrantee)
assistance grants program and/or, where authorized by the NCTCOG ~n accordance
w~th Article 4 of th~s Attachment, to conduct various NCTCOG - managed projects
Article 4 Types of Sohd Waste Implementation Prolects & Applicants
(a) Only those local and regional pohbcal subd~ws~ons located w~th~n the State of Texas as
hsted below are eligible to receive funding from the NCTCOG as a pass-through grant 1 C~tles,
2 Counties,
3 Pubhc schools and school dlstncts (does not include Universities or post secondary
educational ~nstltut[ons), and
4 Other general and special law d~str~cts created ~n accordance w~th state law, and w~th
the authonty and responsibility for water quahty protecbon or municipal sohd
waste management, to ~nclude r~ver authorities
(b) Local and regional poht~cal subd~ws~ons that are subject to the payment of state sohd waste
d~sposal fees and whose fee payments are ~n arrears, as determined by the FUNDING
North Central Texas Council of Governments - C~ty of Denton Landhll Drop-Off S~te Page 14
AGENCY, are not ehg~ble to receive pass-through grant funding from the NCTCOG The
FUNDING AGENCY (Texas Natural Resource Conservation Commission) shall prowde, on a
quarterly bas~s, the NCTCOG a I~st of ent~t~es for which fee payments are m arrears The
NCTCOGIshall allow a potential pass-through grant apphcant that ~s hsted as being ~n arrears m
~ts fee payments the opportumty to prowde documentation of payment of the fees owed the
state If the potential applicant prowdes the NCTCOG w~th documentation of payment of the
fees, such as a canceled check or receipt from the state, the NCTCOG may consider that
apphcant to be ehg~ble to receive pass-through jrant funding under th~s agreement The
NCTCOG shall not~fy the FUNDING AGENCY of any apphcants for which a determination of
ehg~b~hty was made under th~s subsection
Article 5 Examination of Records
(a) SUBCONTRACTOR shall maintain dunng the course of the work, complete and accurate
records of all SUBCONTRACTOR'S costs and documentation of ~tems which are chargeable to
NCTCOG under th~s Agreement NCTCOG shall have the r~ght at any reasonable t~me to
~nspect, copy and audit those records on or off the premises by authonzed representatwes of ~ts
own or any pubhc accounting hrm selected by ~t Failure to prowde access to records may be
cause for termination of the contract The records to be thus maintained and retained by
SUBCONTRACTOR shall ~nclude (w~thout hm~tat~on)
1 personnel and payroll records, includ~ng social secunty numbers and labor
class~fmat~ons, accounting for total t~me d~stnbut~on of SUBCONTRACTOR'S employees
working full or part t~me on the work, as well as canceled payroll checks or s~gned
receipts for payroll payments ~n cash,
2 ~nvo~ces for purchases, receiwng and ~ssu~ng documents, and all other umt ~nventory
records for SUBCONTRACTOR'S stocks or capital ~tems, and
3 paid invoices and canceled checks for materials purchased and for subcontractee's
and any other third partms' charges
The SUBCONTRACTOR further agrees to include m all ~ts subcontracts pursuant to Article II
hereof, a provision to the effect that the subcontractee agrees that NCTCOG and ~ts duly
authonzed representatives, shall, until the expiration of three (3) years after hnal payment under
the subcontract or until all audit findings have been resolved, have access to and the right to
examine and copy any d~rectly pertinent books, documents, papers, ~nvomes and records to
such subcontractor ~nvolwng transactions relating to the subcontract
Article 6 Insurance and L~ab~hty
SUBCONTRACTOR is a selflnsured municipal coorporat~on SUBCONTRACTOR understands
and agrees that ~t shall be hable to repay and shall repay upon demand to NCTCOG to the
extent by, apphcable law, any amounts determined by NCTCOG, ~ts ~ndependent auditors, or
any agency of state government, to have been pa~d to the SUBCONTRACTOR ~n wolatlon of
the terms of th~s Agreement
Artmle 7 Audits & Account~nq Systems
(a) Current Independent Audits
1 If NCTCOG's maximum obhgat~on amount under th~s Agreement ~s $25,000 or more,
the SUBCONTRACTOR is required to have an audit performed for each of the
SUBCONTRACTOR'S fiscal years dunng which the Agreement ~s ~n effect, and which
North Central Texas Council of Governments - C~ty of Denton Landhll Drop-Off S~te Page 15
covers the entire operation of NCTCOG Any such audit shall be performed by an
"~ndependent" auditor as defined ~n federal Ofhce of Management and Budget (OMB)
C~mular A-128
2 Each audit report requ~rad ~n Subsection (a) (1) of th~s Article shall be forwarded to
NCTCOG authorized Project Representative as identified m Attachment A, Arhcle 9,
Exhibit A-1 Each audit report shall be dehvered to NCTCOG designated Project
Representative w~thm thirty (30) days follcw~ng completion of the audit report, or w~th~n
one year following the audit period (SUBCONTRACTOR'S fiscal year), whichever
comes first
3 The m~n~mum requirements for an audit w~ll vary, depending upon the
SUBCONTRACTOR'S orgamzat~on type and the amount of NCTCOG'S maximum
obhgat~on amount under th~s Agreement
(~) For c~t~es, counties, councils of government, or other poht~cal subdivisions of the
State (but not school d~str~cts or mst~tut~ons of h~gher learning) that enter into th~s
Agreement, for which NCTCOG'S maximum obl~gahon amount ~s $25,000 or greater,
audits shall meet the requirements of federal office of Management and Budget (OMB)
C~rcular A-128 "Audits of State and Local Governments", which ~s currently effective
(H) An ~ndependent audit ~s not required for th~s Interlocal Agreement ~f NCTCOG'S
maximum obhgat~on amount ~s less than $25,000
(b) Accounting Systems
The SUBCONTRACTOR shall have an accounting system which accounts for costs ~n
accordance w~th generally accepted accounting standards or principles NCTCOG must
propose and account for costs in a manner consistent w~th such standards or principles
Arbcle 8 Amendments to Interlocal A(~reement
Any alterations, additions, or deletions to the terms of th~s contract which are required by
changes in Federal Law or Regulations are automatically ~ncorporated ~nto th~s Agreement
w~thout written amendment hereto, and shall become effecbve on the date designated by such
law or regulation, prowded ~f the SUBCONTRACTOR may not legally comply w~th such change,
SUBCONTRACTOR may terminate ~ts participation here~n as authorized by Article 9
NCTCOG may, from t~me to t~me, reasonably request changes m 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 ~n wnt~ng shall be ~ncorporated
~nto th~s Agreement
Article 9 Termination of Interlocal Agreement
(a) Th~s Interlocal Agreement shall terminate upon full performance of all requirements
contained here~n, unless th~s Agreement ~s amended m wnbng to prowde otherwise
(b) This agreement may be terminated ~n whole or ~n part ~n writing by e~ther contracting party
~n the event of substantial fa~lura by the other party to fulfill ~ts obligation under th~s Interlocal
Agreement through no fault of the terminating ",arty, prowded that no such termination may be
effected unless the other party ~s g~ven
North Central Texas Council of Governments - C~ty of Denton Landfill Drop-Off S~te Page 16
1 Not less than thirty (30) days written notice (dehvered by certified mall or return
receipt requested) of ~ntent to terminate with the spec~hc reason as to why the party
chooses to terminate th~s Agreement, and
2 An opportunity for consultation w~th the terminat~ng party prior to termination
(c) Th~s Interlocal Agreement may be terminated ~n whole or in part in wnt~ng by NCTCOG for
its convenience, prowded that the SUBCONTRACTOR ~s g~ven not less than thirty (30) days
wntten not~ce (delivered by certified ma~l, return receipt requested) of ~ntent to terminate
C~rcumstances in which NCTCOG may terminate for convenmnce ~nclude, but are not hmlted
to, the Texas Legislature's w~thdrawal of appropriations for th~s project
(d) If termination for default under Section (b) of th~s Article, or for reduction or loss of
Legislative appropnatlons under Section (c) of th~s Article ~s effected by NCTCOG, an
adjustment ~n 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 t~me of termination may be
adjusted to the extent of any reasonable additional costs ~ncurred 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 ~ncurred by the SUBCONTRACTOR relating to contracts
entered ~nto prior to the term~nabon, ~n addition to termination settlement costs
reasonably incurred by the SUBCONTRACTOR relating to contracts relating to th~s
project, entered ~nto prior to the termination
(e) Upon receipt of a termination not~ce pursuant to Sections (b) or (c) above the
SUBCONTRACTOR shall
1 Promptly discontinue all services affected (unless the not~ce directs otherwise), and
2 Dehver to or otherwise make available to NCTCOG upon NCTCOG's wntten request,
all data, drawings, specifications, reports, estimates, summaries, and such other
~nformat~on, materials, and equipment as may have been accumulated by the
SUBCONTRACTOR in performing th~s Interlocal Agreement, whether completed or in
progress
(f) If, after termination ~nlt~ated by NCTCOG for failure of the SUBCONTRACTOR to fulhll ~ts
contractual obhgat~ons, it ~s determined that the SUBCONTRACTOR had not so failed, an
adjustment of the Interlocal Agreement amount shall be promptly made as prowded ~n Section
(d) of th~s Article
(g) If any delay or failure of performance ~s attributed to force majeure as defined ~n Article 17
of Attachment D, the SUBCONTRACTOR may ~n ~ts sole d~scret~on terminate this Interlocal
Agreement ~n whole or ~n partupon thirty (30) days wntten not~ce to NCTCOG NCTCOG shall
g~ve the SUBCONTRACTOR not less than thirty (30) days written not~ce (dehvered by cert~hed
ma,l or return receipt requested) of ~ntent to terminate and an opportunity for consultation prior
to termination If such termination ~s effected, an equitable adjustment shall be made ~n
accordance w~th Section (d) of th~s Article
North Central Texas Council of Governments - City of Denton Landhll Drop-Off S~te Page 17
Article 10 Severablhty
All part~es agree that should any prows~on of th~s Agreement be determined to be mvahd
or unenforceable, such determination shall not affect any other term of th~s Agreement,
which shall continue ~n full force and effect
Article 11 Copynqht Clause
The state or federal awarding agency and NCTCOG reserves a royalty-free,
nonexcluslve, and irrevocable license to reproduce, pubhsh 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 r~ghts of copyrights to which a grantee, subgrantee or a subcontractor
purchases ownership w~th grant support All such data and material shall be
furmshed to NCTCOG upon written request
Article 12 Employment Pracbces
The SUBCONTRACTOR agrees that ~n the performance of th~s Agreement, ~t w~ll not
d~scnm~nate against any employee or apphcant because of race, rehg~on, color, sex, age, or
national ong~n The SUBCONTRACTOR assures that no person will, on the grounds of race,
creed, color, hand~cap, national or~g~n, sex, pohtmal aff~hatlon or behefs, be excluded from, be
demed the benefit of, or be subject to discrimination under any program or activity funded in
whole or part under th~s Agreement
Arbcle 13 Oral and Wntten Af:lreements
All oral or wntten agreements between the partms hereto relating to the subject matter of th~s
Interlocal Agreement which were developed, executed or entered ~nto prior to the execution of
th~s Interlocal Agreement, are superseded by th~s Agreement
Article 14 ADA Requirements
The SUBCONTRACTOR shall comply w~th all applicable requirements of the Americans
with Disablhtms Act of 1990, 42 U S C §§ 12101- 12213 (Pamph 1995)
Article 15 D~sadvantaf:led Businesses
Subcontractor shall comply w~th Section 252 0215 of Chapter 252 Texas Local Government
Code
Article 16 Force Maleure
(a) A force majeure event shall be dehned to include governmental decrees or restraints, acts
of God (except that rain, w~nd, flood or other natural phenomena normally expected for the
locality shall not be construed as an act of God), work stoppages due to labor d~sputes or
str~kes, fires, explosions, epidemics, nots, war, rebelhon, and sabotage
North Central Texas Council of Governments - C~ty of Denton Landfill Drop-Off S~te Page 18
(b) Subject to the conditions enumerated in th~s Article if a delay or failure of performance by
e~ther party results from the occurrence of a force majeure event, the delay shall be excused
and the brae fixed for complebon of the work extended by a pertod equivalent to the time lost
because of the event ~f, 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 d~hgence to overcome the obstacle or to resume performance immed~ately after the
obstacle was overcome
(c) No t~me extension shall be granted under th~s Article unless the party seeking relief has
not~hed the other ~n writing w~th~n ten (10) days of the t~me 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 t~metable by which the SUBCONTRACTOR reasonably ~ntends to ~mplement
these measures The party seeking relief shall also g~ve written not~ce of the ending of the
event to the other party within ten (10) days after the event has ended
(d) If the SUBCONTRACTOR ~s the party seeking rehef under th~s Article, the burden of
proving a force majeure event has occurred remains w~th ~t, and no extension shall be granted
unless the NCTCOG agrees that the occurrence constitutes a force majeure event as defined
here~n above, which agreement may not be unreasonably w~thheld
(e) The NCTCOG shall be responsible only for costs ~ncurred by the SUBCONTRACTOR after
the prior written request by the Executive D~rector, or h~s authorized representative, to ~ncur
such costs in connection with any force majeure event Neither NCTCOG nor the
SUBCONTRACTOR shall have, and both hereby waive, any claim whatever for any damages
resulting from delays caused by force majeure events
(f) NCTCOG may, ~n the exercise of ~ts reasonable d~scret~on, terminate th~s Agreement ~n
whole or ~n part, m accordance w~th the prows~ons of Article 9, Attachment D, ~f force majeure
causes a delay or failure of performance by SUBCONTRACTOR
(g) In no event shall th~s Arbcle lessen or modify NCTCOG's r~ghts as set out elsewhere ~n this
Agreement
Article 17 Enbre Interlocal A,qreement
Th~s Agreement represents the entire Interlocal Agreement between the contracting part,es and
supersedes any and all prior contracts or agreements between the part,es, whether written or
oral respecting the subject matter of th~s Agreement
North Central Texas Council of Governments - C~ty of Denton Landfill Drop-Off S~te Page 19
Appendix
I B~-monthly Report
II Final/Special Report Forms
Form R1 - General Form
Form Rla - Waste Reduction and Recychng
III F~nanc~al Report/Request for Reimbursement Form
North Central Texas Council of Governments - C~ty of Denton Landhll Drop-Off S~te Page 20
I Bi-monthly Report Form
North Central Texas Council of Governments - C~ty of Denton Landhll Drop-Off S~te Page 21
Bi-Monthly Progress Report
Reporting Period
Subcontrsct No (97-04-G32)
Reporting Agency
I Project Status (for pubhcat~on ~n fact sheets and on Internet)
Narrative description of project status, progress on major tasks key achievements or ~mped/ments
etc
2 Identify Needed Support/Items for NCTCOG AttentIon
More specific description of delays issues needing resolution, ;tems for discussion between
subcontractor and NCTCOG etc
3 Attachments
List any attached PSA's, photos, voucher forms, etc
II Final/Soeclal Report Forms
Form R~ - General Form
Form Rla - Waste Reduction and Recychng
North Central Texas Council of Governments - C~ty of Denton Landhll Drop-Off S~te Page 22
FY 1996/1997 REGIONAL SOLID WASTE GRANT
REPORT ON RESULTS OF GRANT-FUNDED PROJECT
(FORM R1)
Grant Recipient 2 Contract or Project No
3 Report No 4 Grant Term
:rom To
5 Report Period 6 F~nal FY 1996/1997 Report
From To Yes =-- No
7 General Questions Complete the general quesbons hsted on the back of th~s form, where apphcable
8 ATTACHMENTS Complete the apphcable form(s) for the category of project conducted w~th grant
funds ~f attached
FORM Rla -WASTE REDUCTION AND RECYCLING
Supplemental Waste D~vers~on Tracking Form
FORM Rlb -LOCAL ENFORCEMENT
FORM Rlc -HOUSEHOLD HA?.ARDOUS WASTE - Attach a copy(~es) of the
completed Data Information Form required to be submitted to TNRCC for each
HHW collection act~wty
FORM Rld -TECHNICAL STUDIES AND LOCAL SOLID WASTE
MANAGEMENT PLANS
FORM Rle -OTHER PROJECTS INSTALLATION OF LANDFILL SCALES
FORM Rlf - OTHER PROJECTS CITIZENS COLLECTION STATIONS
FORM Rlg -OTHER PROJECTS RIVER AND LAKE CLEAN-UPS, AND
TEXAS COUNTRY CLEAN-UPS
FORM Rlh -EDUCATIONAL AND TRAINING PROJECTS (use for both stand~
alone educational and tra~mng projects, or other projects that include an
educational component)
9 CERTIFICATION I certify to the best of my knowledge and behef that th~s report ~s correct and
complete
S~gnature of Authorized Certifying Official
Typed or Printed Name and Title
Date Submitted
Results Report
Page 2
10 Project Goals/Objectives Descnbe the goals and objectives of the grant-funded project (should be
consistent w~th the in~t~al application ~nformatlon)
11 Effecbveness (to date) In Ach~ewng Stated Goals And Objectives
Is the project ach~ewng the intended goals and objecbves
Yes __ No __ Parbally
Explain below
FY 96/97 REGIONAL SOLID WASTE GRANT
PROJECT IMPACT/RESULTS REPORT - FORM Rla
WASTE REDUCTION AND RECYCLING
Grant Recipient Contract/Project No
Report Period From __ To __ Amount of Grant Funding
The project funded Is a (check one) new program or
__enhancement of an existing program
I MATERIAL DIVERSION L~st below the measured or eshmated tons of mater~al reduced, recycled or d~verted
from d~sposal that may be attnbuted to grant funding (Attach a monthly diversion tracking form or other
dtverslon tracking records, ff used)
Tons For Average Tons For
MatenalType Report Per~od Monthly ; FY 96/97
Diversion* (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 project was m effect
2 NUMBER OF PERSONS SERVED Esbmate the number of people ~n the grant-funded project service
area
3 REVENUE FROM SALE OF RECYCLABLES Enter the dollar amount of revenue that was generated dunng the
reporting penod through the sale of recovered materials that may be attnbuted to grant funding $
4 DISPOSAL COSTS AVOIDED Use the formula [Landhll t~ppmg fee of $ per ton X total tons of matenals
d~verted for the report penod = $ ]
5 EDUCATION AND TRAINING COMPONENTS If educabon or training acbwt~es were conducted as part of the
grant-funded project, attach completed Form Rlh
6 COMMENTS Attach add~bonal sheets if necessary for explanabon or for hstlng benehts denved from the grant-
funded project
Sheet__Of
Financial Reoort/Reauest for Reimbursement Form
North Central Texas Council of Governments - C~ty of Denton Landhll Drop-Off S~te Page 23
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
FINANCIAL STATUS REPORT
FORM 269a
DEPARTMENT TO WHICH REPORT IS SUBMITTED
DEPARTMENT OF ENVIRONMENTAL RESOURCES
GRANT/CONTRACT TITLE
Landhlt Drop-Off S te
EMPLOYER IDENTIFICATION NUMBER 4 RECIPIENT ORGANIZATION (NAME AND COMPLETE)
ADDRESS, INCLUDING ZiP CODE
NCTCOG CONTRACT NO
FINAL REPORT
YES NO
BASIS
CASH ACCRUAL
TOTAL PROJECT/GRANT PERIOD 9 PERIOD COVERED BY THIS REPORT
FROM TO FROM TO
0 Budget Categones Approved Project Cost Cumulative Remaining
Budget This Report Project Cost Balance
Personnel/Salarms
Fringe Benehts
Travel
Supphes
Equipment (Attach form 269a-1)* $34~248 00 *
Contractual (Attach form 269a-1)*
Constructmn (Attach form 269a 1)* $18~107 00 *
Other $2~000 00
Total D~rect $54~355 00
Indirect Charges
Total $54~355 00
Negative balances ~n any of the budget categories should be explained brmfly m an accompanying narrative
11 CERTIFICATION
I certify to the best of my knowledge and behef that th~s report ~s correct and complete and that all outlays and unhqu~dated
obhgat~ons are for the purposes set forth ~n the award documents
Signature of Authorized Certifying Offlc~al
Typed or Printed name and Title
Telephone (Area code~ number and ext ) Date Submitted
REIMBUR$ XLS
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
ITEMIZATION OF EQUIPMENT, CONTRACTUAL AND CONSTRUCTION COSTS
SUPPLEMENTAL FORM 269A-1
EQUIPMENT PURCHASES tdunn~l th~s report penod/*
NUMI~ER UNIT TOTAL
PURCHASED ITEM DESCRIPTION COST COST
TOTAL EQUIPMENT EXPENDITURES { Must agree w~th hne 10e on Form 269a)
CONTRACTUAL EXPENDITURES (durln~ his report penod/*
TOTAL
VENDOR/SUBCONTRACTOR FOR COST
TOTAL CONTRACTUAL EXPENDITURES IMust agree with hne 10f on Form 269a)
CONS 1 HUg; I IUN I::AHbNUI I Uhll:~ ~aur nil tnls repon perloa)
TOTAL
VENDOR/SUBCONTRACTOR FOR COST
TOTAL CONSTRUCTION EXPENDITURES ( Must agree w~th line 10[~ of form 269a
*Attach coplee of invoices, receipt and other documentatmn of the expenditures
Attach Additional Sheets, If Needed