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2016-071ORDINANCE NO. 2016 -071 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A "SPONSORED RESEARCH AGREEMENT" BY AND BETWEEN THE CITY OF DENTON, TEXAS AND SOUTHERN METHODIST UNIVERSITY PROVIDING FOR THE INVESTIGATION OF ENHANCED METHANE GENERATION IN THE BIOREACTOR LANDFILL FACILITY AT THE CITY OF DENTON, TEXAS IN THE AMOUNT OF NOT -TO- EXCEED $169,655; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Solid Waste Department of the City of Denton, Texas and Southern Methodist University have discussed and collaborated, and have proposed that a "Sponsored Research Agreement" (hereafter the "Agreement ") be entered into by and between the City of Denton, Texas and Southern Methodist University which investigates and researches the enhanced methane generation in the bioreactor landfill facility at the City of Denton, Texas; and WHEREAS, the Public Utilities Board considered the "Sponsored Research Agreement" at its open public meeting of February 22, 2016, and approved said Agreement by a vote of for, to against; thereby recommending said Agreement to the City Council; WHEREAS, the City Council then reviewed, considered and approved said Agreement as beneficial to the City and its citizens; NOW THEREFOR THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute and deliver the "Sponsored Research Agreement" by and between the City of Denton, Texas and Southern Methodist University (hereafter the "Agreement "), and the City Manager is hereby authorized to make the expenditures provided for in said Agreement; a copy of said Agreement is attached hereto in substantially the form as Exhibit "A" and is incorporated herewith by reference. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. THIS SPONSORED RESEARCH AGREEMENT ( "Agreement "), effective as of the latest date set forth on the signature page to this Agreement ( "Effective Date "), is by and between the City of Denton, Texas, a Texas municipal corporation duly organized and validly existing under the laws of the State of Texas ( "Sponsor "), whose address is 215 East McKinney Street, Denton, Texas 76201, and Southern Methodist University, a Texas non- profit corporation ( "University "), whose address is 6425 Boaz Lane, Dallas, Texas 75205. WHEREAS, the research program contemplated by this Agreement is of mutual interest and benefit to University and to Sponsor, will further the instructional and research objectives of University in a manner consistent with its status as a non - profit, tax - exempt, educational corporation and may derive benefits for both Sponsor and University through authorship, inventions, improvements, and /or discoveries; NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereto agree to the following: Article 1 Definitions As used herein, the following terms shall have the following meanings: 1.1 "Contract Period" is for a period of two (2) years from June 1, 2016 through May 31, ff[L] 1.2 "Joint Intellectual Property" shall mean, individually and collectively, all original works of authorship, Inventions, improvements and /or discoveries which are conceived and /or made (i) jointly by one or more employees of University and by one or more employees of Sponsor in performance of Project or (ii) by one or more employees of Sponsor involving use of funds, space or facilities of the University in performance of Project. The University does not provide for use of its funds, space or facilities by non - University personnel and it is not expected that any employees of Sponsor will use funds, space or facilities of the University. Any such arrangement requires prior approval of the Associate Vice President for Research and Dean of Graduate Studies, which may be withheld in his sole discretion. 1.3 "Principal Investigator" means Dr. Sevinc Sengor, Assistant Professor of the University. 1.4 "Project" shall mean the research project described in Appendix A, to be performed under the direction of the Principal Investigator. Anything in this Agreement to the contrary notwithstanding, Sponsor and University may at any time amend Project by mutual written agreement. 1.5 "University Intellectual Property" shall mean individually and collectively all original works of authorship, inventions, improvements and /or discoveries which are conceived and /or made by one or more employees of University in performance of Project. STANDARD SPONSORED RESEARCH AGREEMENT Page 1 July 2014 Article 2 Rese,,a,,,,rch Work 2.1 University shall commence the performance of Project promptly after the effective date of this Agreement, and shall use reasonable efforts to perform such Project substantially in accordance with the terms and conditions of this Agreement. 2.2 In the event that the Principal Investigator becomes unable or unwilling to continue Project, and a mutually acceptable substitute is not available, University and /or Sponsor shall have the option to terminate the Project. 2.3 Sponsor agrees that University's primary mission is education and advancement of knowledge and the Project will be designed to carry out that mission. The manner of performance of the Project shall be determined solely by the Principal Investigator. University does not guarantee specific results. Any and all information, materials, services, intellectual property and other property and rights granted and /or provided by University pursuant to this Agreement (including the deliverables), are granted and /or provided on an "as is" basis. UNIVERSITY MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER, AND ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT OR ARISING OUT OF ANY COURSE OF DEALING, ARE EXPRESSLY DISCLAIMED. 2.4 Sponsor understands and agrees that nothing in this Agreement interferes with the University's right to conduct research similar or related to the subject of the Project ( "Related Research ") provided Related Research is conducted separately from the Project and does not involve the unauthorized use of Sponsor Confidential Information. Sponsor further understands and agrees that nothing in this Agreement grants Sponsor any rights to intellectual property that is conceived of or reduced to practice in the performance of Related Research. Article 3 R.port.s and Conferences 3.1 Written program reports shall be provided periodically by University to Sponsor as set forth in Appendix A. 3.2 During the term of this Agreement, representatives of University will meet periodically with representatives of Sponsor at times and places mutually agreed upon to discuss the progress and results, as well as ongoing plans, or changes therein, of the Project. Article 4 Costs Billings, and Other Support 4.1 It is agreed to and understood by the parties hereto that, subject to Article 2, total costs to Sponsor hereunder shall not exceed the sum of $169,655 , which shall include all expenses except for additional expenses not set forth in Appendix A attached hereto, which are independently authorized by Sponsor in writing. Payment shall be made by Sponsor according to the following schedule: 4.2 University shall retain title to any equipment purchased with funds provided by Sponsor under this Agreement; provided that any such equipment is not permanently affixed to Sponsor's realty, It is understood that if any such equipment is permanently affixed to Sponsor's realty, then such equipment shall belong to Sponsor. STANDARD SPONSORED RESEARCH AGREEMENT Page 2 July 2014 4.3 University represents that it has used its best efforts to determine the actual costs for completion of the Project, as set forth in Appendix A. The Principal Investigator may transfer funds between Project budget lines without the prior approval of the Sponsor as long as such transfers do not have an impact on the scope of the Project or interfere with its completion. Any funds which Sponsor commits to pay hereunder to University for the Project which remain unexpended upon the completion of the Project shall be accounted for and repaid to Sponsor within thirty (30) days after completion of the Project, or termination of this Agreement, whichever event shall first occur. 4.4 Anything herein to the contrary notwithstanding, in the event of early termination of this Agreement by Sponsor pursuant to Articles 2 and 10 hereof, Sponsor shall pay all costs accrued by University as of the date of termination, including non - cancellable obligations, which shall include all non - cancellable contracts and fellowships or postdoctoral associate appointments called for in Appendix A, which are disclosed in writing to Sponsor by the University in advance, incurred prior to the effective date of termination. After termination, any obligation of Sponsor for fellowships or postdoctoral associates hereunder shall end no later than the end of University's academic semester following the effective date of Sponsor's termination of this Agreement. Article 5 Sponsor will not use the name or any logos of University, nor the name of any member of University's Project staff, in any publicity, advertising, or news release without the prior written approval of the President or Vice President for Development and External Affairs of the University or their respective designees. University shall have the right to acknowledge Sponsor as sponsor, the Principal Investigator, the nature of the research, and the dollar value of the award in normal University records and reports. Beyond that, University will not use the name or any logos of Sponsor, nor the name of any employee of Sponsor, in any publicity without the prior written approval of Sponsor. Article 6 Non - Disclosure 6.1 Anything in this Agreement to the contrary notwithstanding, any and all knowledge, know -how, practices, processes, and other information (hereinafter referred to as "Confidential information ") disclosed or submitted in writing or in other tangible form which is designated as Confidential Information, and labeled "Confidential ", to either party by the other shall be received and maintained by the receiving party in strict confidence and shall not be disclosed to any third party. Information disclosed orally will be "Confidential Information" if (a) the confidential nature of such information is identified at the time of disclosure and (b) the confidential nature of such information is confirmed in writing within five business days of oral disclosure. Neither party shall use Confidential Information for any purpose other than those purposes specified in this Agreement. The parties may disclose Confidential Information to their employees requiring access thereto for the purposes of this Agreement; provided, however, that prior to making any such disclosures each such employee shall be apprised of the duty and obligation to maintain Confidential Information in confidence and not to use such information for any purpose other than in accordance with the terms and conditions of this Agreement. Neither party will be held financially liable for any inadvertent disclosure, but each will agree to use its reasonable efforts not to disclose any designated Confidential Information. 6.2 Nothing contained herein will in any way restrict or impair either party's right to use, disclose, or otherwise deal with any Confidential Information which at the time of its receipt: (a) Is generally available in the public domain, or thereafter becomes available to the public through no act of the receiving party; STANDARD SPONSORED RESEARCH AGREEMENT Page 3 July 2014 (b) Was independently known prior to receipt thereof, or made available to such receiving party as a matter of lawful right by a third party; (c) Relates to potential hazards or cautionary warnings associated with performance of the Project; (d) Is required by government regulation, by law or by a court of competent jurisdiction to be disclosed, provided that the disclosing party is given adequate advance written notice to allow it to protest such disclosure; (e) Has already been developed by the receiving party independently of the disclosing party's confidential information; or (f) Relates to or resulted from research programs or other activities that have been designated as "Fundamental Research" under National Security Decision Directive 189 or otherwise approved in writing for publication by Sponsor. 6.3 The above obligations relating to Confidential Information shall be in effect for a period of one (1) year from the termination of this Agreement. Article 7 Publications Sponsor recognizes that under University policy, the results of Project must be publishable and agrees that Principal Investigator or researcher(s) engaged in Project shall be permitted to present at symposia, national or regional professional meetings, and to publish in journals, theses or dissertations, or otherwise of their own choosing, methods and results of Project; provided, however, that Sponsor shall have been furnished copies of any proposed publication or presentation at least forty -five (45) days in advance of the submission of such proposed publication or presentation to a journal, editor, or other third party, solely for the purpose of allowing Sponsor to confirm that the proposed publication will not compromise any of its Confidential Information or patent rights. Sponsor shall have thirty (30) days after receipt of said copies to object to such proposed presentation or proposed publication because there is patentable subject matter which needs protection and /or there is Confidential Information of Sponsor contained in the proposed publication or presentation, other than University Intellectual Property; In the event that Sponsor makes such objection, the parties shall negotiate an acceptable version and Principal Investigator and /or researcher(s) shall refrain from making such publication or presentation for a period of time to be agreed to by the parties, in order for University to file patent application(s) with the United States Patent and Trademark Office and /or foreign patent office(s) directed to the patentable subject matter contained in the proposed publication or presentation, pursuant to Article 8. Article 8 Intellectual Property 8.1 All rights and title to University Intellectual Property created solely by the University under Project shall belong to University and shall be subject to the terms and conditions of this Agreement. All Joint Intellectual Property shall belong jointly to University and Sponsor and shall be subject to the terms and conditions of this Agreement. 8.2 University will promptly notify Sponsor of any University Intellectual Property or Joint Intellectual Property conceived and /or made during the Contract Period under Project. Such disclosure is confidential, whether or not labeled confidential. SMU may file patent applications at its own discretion and expense, or at the request of Sponsor at Sponsor's expense. If Sponsor elects to license University Intellectual Property as provided in Article 9, Sponsor will pay for the costs of patent filing, prosecution and maintenance in the United States and any foreign country. If Sponsor directs that a patent application STANDARD SPONSORED RESEARCH AGREEMENT Page 4 July 2014 or application for other intellectual property protection be filed, University shall promptly prepare, file, and prosecute such U.S. and foreign application(s) in University's name. Sponsor shall cooperate with University to assure that such application(s) will cover, to the best of Sponsor's knowledge, all items of commercial interest and importance. While University shall be responsible for making decisions regarding scope and content of application(s) to be filed and prosecution thereof, Sponsor shall be given an opportunity to review and provide input into the application. University shall keep Sponsor advised as to all developments with respect to such application(s) and shall promptly supply to Sponsor copies of all papers received and filed in connection with the prosecution thereof in sufficient time for Sponsor to comment thereon. 8.3. All intellectual property developed outside of this Agreement shall remain the property of its owner. Except as explicitly provided in this Agreement, neither party receives any right to the other's intellectual property developed outside of this Agreement. Article 9 Grant of Rights 9.1 University grants Sponsor a non- exclusive, royalty -free license to University Intellectual Property for internal, non - commercial research purposes only. 9.2 Provided that Sponsor has paid or is paying costs of protection of intellectual property rights pursuant to Paragraph 8.2, University grants Sponsor the option to elect the following, by notice in writing to SMU within three months after SMU notifies Sponsor of creation of University Intellectual Property or Joint intellectual Property: For fair market value consideration determined at the time of a license agreement is signed, taking into account Sponsor's payment of intellectual property protection costs and the nature of the license, a royalty bearing, limited term exclusive license (subject to third party rights, if any, and in a designated field of use) to make, have made, use and sell products embodying or produced through the use of such University Intellectual Property and Joint Intellectual Property with a right to sublicense, on terms and conditions to be mutually agreed upon. This option to elect an exclusive license is conditioned upon Sponsor's agreement to diligently commercialize the University intellectual Property or Joint Intellectual Property and to cause any products produced pursuant to this license that will be used or sold in the United States to be substantially manufactured in the United States. if Sponsor does not provide written notice of election to SMU within three months of a written disclosure under Paragraph 8.2, If Sponsor and SMU do not enter into a license agreement within three months after Sponsor's election to proceed under, Paragraph 9.2, the Sponsor's rights under Paragraph 9.2 will expire and SMU has no further obligations to the Sponsor and may license the University Intellectual Property to third parties. In the event that a license is granted, the University retains a non- exclusive, royalty -free license for internal, non- commercial or educational and research use, with a right to sublicense such use to other educational institutions. Article 10 Term and Termination 10.1 This Agreement shall become effective upon the date first hereinabove written and shall continue in effect for the full duration of the Contract Period unless sooner terminated in accordance with the provisions of this Article. The parties hereto may, however, extend the term of this Agreement for additional periods as desired under mutually agreeable terms and conditions which the parties reduce to STANDARD SPONSORED RESEARCH AGREEMENT Page 5 July 2014 writing and sign. Either party may terminate this Agreement upon ninety (90) days' prior written notice to the other, with or without cause. In the event that Sponsor terminates this Agreement prior to the end of the term of this Agreement, for any reason other than University's breach of this Agreement, Sponsor shall continue to be obligated to pay to University the amounts set forth in Article 4 until the close of the applicable semester. 10.2 In the event that either party hereto shall commit any breach of or default in any of the terms or conditions of this Agreement, and also shall fail to remedy such default or breach within ninety (90) days after receipt of written notice thereof from the other party hereto, the party giving notice may, at its option and in addition to any other remedies which it may have at law or in equity, terminate this Agreement by sending notice oftermination in writing to the other party to such effect, and such termination shall be effective as of the date of the receipt of such notice. 10.3 Subject to Article 9, termination of this Agreement by either party for any reason shall not affect the rights and obligations of the parties accrued prior to the effective date of termination of this Agreement. No termination of this Agreement, however effectuated, shall affect the Sponsor's rights and duties under Article 8 hereof, or release the parties hereto from their rights and obligations under Articles 4 (except as provided for herein in Articles 4.2, 4.3 and 4.4) , 5, 6, 7, 8, 9, 10 (except as provided for in Article 10.1) 15 and 16. Article 11 Independent Contractor In the performance of all services hereunder: (a) University shall be deemed to be and shall be an independent contractor and, as such, University shall not be entitled to any benefits applicable to employees of Sponsor; and (b) Sponsor shall be deemed to be and shall be an independent contractor and, as such, Sponsor shall not be entitled to any benefits applicable to employees of University. (c) Neither party is authorized or empowered to act as agent for the other for any purpose and shall not on behalf of the other enter into any contract, warranty, or representation as to any matter. Neither shall be bound by the acts or conduct of the other. Article 12 Force..._Majeure In the event of circumstances beyond the reasonable control of either or both parties, including but not limited to proven illness of Principal Investigator, riots, strikes, Acts of God, or the exercise of authority of either the federal or state governments or any political subdivision thereof, which prevent the performance of the obligations of this Agreement by either party, this Agreement may be modified by mutual consent of the parties or shall otherwise become null and void. Article 13 Govefn..i.n_ Law This Agreement shall be governed and construed in accordance with the laws of the State of Texas and the United States of America. This Agreement shall be deemed fully performable in Dallas County, State of Texas, United States of America. STANDARD SPONSORED RESEARCH AGREEMENT Page 6 July 2014 Article 14 Assignment This Agreement shal I not be assigned by either party without the prior written consent of the parties hereto. Any unauthorized assignment shall be null and void. Article 15 Agreement Modification Any agreement to change the terms of this Agreement in any way shall be valid only if the change is made in writing and approved by mutual agreement of authorized representatives of the parties hereto. Articlel. 6 Limitation Liability, Responsibility of Sponsor University and Sponsor shall not be liable to the other or to any third party for any reason whatsoever arising out of or relating to this Agreement (including any breach of this Agreement) for loss of profits or for incidental, indirect, special or consequential damages, even if either party hereto has been advised of the possibility of such damages or has or gains knowledge of the existence of such damages. IT IS THE EXPRESSED INTENT OF UNIVERSITY AND SPONSOR THAT RESEARCH IS PROVIDED "AS IS" AND THE SPONSOR IS RESPONSIBLE FOR THE USE OF THE RESULTS OF THE RESEARCH EVEN TO THE EXTENT DAMAGE OR HARM IS ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE SOLE OR CONCURRENT NEGLIGENCE OF THE UNIVERSITY, ITS TRUSTEES, OFFICERS, EMPLOYEES, VOLUNTEERS, STUDENTS OR AGENTS. Article 17 Miscellaneous Provisions 17.1 Notices. Notices, invoices, communications, and payments hereunder shall be deemed made if given by registered or certified U.S. mail, postage prepaid, and addressed to the party to receive such notice, invoice, or communication at the address given below, or such other address as may hereafter be designated by notice in writing: Sponsor: General Manager Solid Waste Department 1527 South Mayhill Road Denton, Texas 76208 and City Manager 215 East McKinney Street Denton City Hall Denton, Texas 76201 University: Kathleen Furr Director of Sponsored Projects Southern Methodist University P.O. Box 750302 Dallas, Texas 75275 -0302 STANDARD SPONSORED RESEARCH AGREEMENT Page 7 July 2014 Technical Matters: S.Sevinc Sengor Assistant Professor Civil and Environmental Engineering Bobby B. Lyle School of Engineering Southern Methodist University PO Box 750340 Dallas, TX 75275 Tel: (214)-768-3110 17.2 Debt and Debarment Certifications. By signing this Agreement, Sponsor certifies that ... ------ is not delinquent on any federal debt, and neither the Sponsor, nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any United States governmental department or agency. 17.3 Export of Technology; CoMpliance with Law. Sponsor shall be solely responsible for obtaining any and all clearances and permits which are required by the treaties, laws, and regulations of the United States in the event the transfer of the hardware, software and /or technology (collectively, the "Items ") which are the subject of this Agreement from University to Sponsor, or from Sponsor to a third party is subject to the International Traffic in Arms regulations, (ITAR, 22 CFR Chapter 1, Subchapter M, Parts 120 -130), Export Administration Regulations (EAR, 15 CFR Chapter VII, Subchapter C, Parts 730- 774), Office of Foreign Assets Control Regulations (OFAC, 31 CFR Parts 500 through 599), Assistance to Foreign Atomic Energy Activities Regulations (10 CFR Part 810) and any other federal laws and regulations regarding the export of such Items from the United States Because SMU is an institution of higher education and has many students, faculty, staff and visitors who are foreign persons, SMU intends to conduct the Project as fundamental research under the export regulations, so that the results generated by SMU qualify as "public domain" under ITAR Parts 120.10(a) (5) and 120.11 or "publicly available" under EAR Parts 734.3(b) (3) and 734.8(a, b). Sponsor will not knowingly disclose and will use commercially reasonable efforts to prevent disclosure to SMU of any technology or software source code controlled under the ITAR, the Commerce Control List (EAR Part 774 and Supplements) or 10 CFR Part 810 Restricted Data or Sensitive Nuclear Technology. If for purposes of the Project, Sponsor intends to disclose export - controlled information to SMU, Sponsor will not disclose such information to SMU unless and until a plan for transfer, use, dissemination and control of the information has been approved by SMU. In the event Sponsor inadvertently (i) discloses export - controlled information or (ii) breaches the obligations set forth in this Paragraph 16.3, any deadlines contemplated by the statement of work will be adjusted based on the time it takes to address the disclosure. Sponsor agrees to indemnify, defend, and hold harmless University, its trustees, officers, employees, students, volunteers, agents, and representatives, including the Principal Investigator and researcher(s), to the extent provided by applicable law, against all claims, suits, administrative actions, fines, penalties, and damages assessed or made against any of the parties hereby released as the result of Sponsor's intentional or negligent acts or omissions related to the failure to comply with export control laws and regulations or other local, state or U.S. federal laws. The parties agree to advise each other promptly of the existence of any claims made against University which Sponsor has agreed to indemnify herein. 17.4 Severability. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect. 17.5 C o� f7ict,,of Interest. Except as set forth herein, Sponsor represents and warrants that no Trustee, officer, employee, student or agent of University has been or will be employed, retained, or paid a fee, or otherwise has received or will receive any personal compensation or consideration by or from STANDARD SPONSORED RESEARCH AGREEMENT Page 8 July 2014 Sponsor or any of Sponsor's directors, officers, employees, or agents in connection with the obtaining, arranging, or negotiation of this Agreement. 17.6 Headings. Paragraph headings are for reference and convenience only and shall not be determinative of the meaning or the interpretation of the language of this Agreement. 17.7 Entire Agreement. This Agreement, including all appendices and exhibits, constitutes the entire agreement between Sponsor and University with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements with respect to the subject of this Agreement. 17.8 Waiver. No waiver of any breach of any provision of this Agreement shall operate as a waiver of any other or subsequent breach thereof or of the provision itself, or of any other provision. No provision of this Agreement shall be deemed to have been waived unless such waiver is in writing and signed by the party waiving the same, with the signature on behalf of University being that of a vice president of University. 17.9 Authority to Sign; Counterparts. The individuals executing this Agreement on behalf of the parties hereby represent and warrant that they have full power and authority to execute this Agreement on behalf of the institution they are representing. The approving authority on behalf of the Sponsor is the City Council of the City of Denton, Texas acting by and through its City Manager. This Agreement and any amendment hereto may be executed in counterparts and all such counterparts taken together will be deemed to constitute one and the same instrument. If this Agreement is executed in counterparts, no signatory hereto will be bound until all the parties named below have duly executed a counterpart of this Agreement. IN WITNESS WHEREOF, the parties have caused these presents to be executed in triplicate originals as of the day and year first above written. "SPONSOR" CITY OF DENTON, TEXAS A Texas Municipal Corporation By: �° ... Name (Jec@` c C. Campbell Title: City Manager Date:_"1� e . .. ....... ATTEST: JENNIFER WALTERS, CITY SECRETARY B y• APP f V1; : S ":t FORM: NITA BURGESS, CITY ATTORNEY STANDARD SPONSORED RESEARCH AGREEMENT Page 9 July 2014 "UNIVERSITY" SOUTHERN METHODIST UNIVERSITY 0y; .. ­ Kathleen Furr Director, Sponsored Projects Date: PRINCIPAL INVESTIGATOR Name: S. Se vine n� Title: Assistant Professor STANDARD SPONSORED RESEARCH AGREEMENT Page 10 July 2014 F-1vasnam MIN BUDGET AND STATEMENT OF WORK STANDARD SPONSORED RESEARCH AGREEMENT Page 1 1 July 2014 Proposal Budget PI: Sevinc Sengor SMU# 143533 Period, 06/01/2016 - 05/31/2018 Agency: City of Denton MSW Facility FMM 02/0812016 qF ­ ...... . . ...... . . . . ............. . . . ............. . . ....... Acct Description Year T. - ' ' T Year 2 Total . . ............................................... - ­ - 6112 Full-Time Faculty Extra Comp (summer) ­-- - ------- - ----------------- - ---------------------------------- - -------- - ... ........... Yl - Sengor @ 0.1 summer month 1,047 1,078 2,125 6165 Graduate Research Assistant 21,600 22,248 43,848 1 @ $1,800 for 12 mons TOTAL SALARIES .... . . ....... 22,647 23,326 45,973 6201 Emp. Ben. FT Faculty 26.1 % 273 286 559 6210 Tuition Remisison 32% 6,912 7,119 14,031 .................... . .............................. TOTAL EMPLOYEE BENEFITS . ............................... ' � 18.. -- ------- 7,405-14,590 ................. TOTAL SALARIES & BENEFITS 29,832 . . .............. 30,731 . . . . . . 60,563 6330 Lab Supplies 17,000 15,000 32,000 6600 Domestic Travel 0 1,500 1,500 6615 Conference & Seminar Registration 0 500 500 7500 G&C Subcontract/Conslt 1 $25k (ERDC) 23,144 1,856 25,000 7501 G&C Subcontract/Conslt 1 > $25k (ERDC) 0 22,028 22,028 8240 Capital Equipment * 0 0 0 . ........................... TOTAL OTHER DIRECT COSTS 40,144 40,884 81,028 TOTAL DIRECT COSTS 69,976 71,615 141,591 MODIFIED TOTAL DIRECT COSTS- (BASE) 63,064 64,,496 127,560 7600 On Cam- us F&A @ 22% (allowed by agenW 1$ ,874 14,189 28,063 7 20 "unde' ' n Cam us F 2, 2$.5% 14,820 15,157 29,977 764 n amp us E 2.5% @, 3 -14,820 -15,157 - 29,977 TOTAL DIRECT & INDIRECT COSTS FOR SMU 98,670 100,961 199,631 AMOUNT 0jE_REQUEST TO AGENCY $83,850 $85,805 $169,655 * MTDC = Total Direct Costs, less GRA Benefits, Stipends, Equipment, Rental Equip, and amounts greater than the first $25,000 of each sub-contract 2/8/20162:27 PM Tom � Riall Emum1� � OEM The City of Denton Landfill at ECO- W.E.R.C.S. is a Type 1 Landfill receiving municipal solid waste (MSW), where a portion of the waste is recycled, composted and converted to energy. The current capacity of the electric generator at the facility is 1.6 megawatts, powering the equivalent of approximately 1,600 homes per year. Landfill gas is the natural by- product of the microbial decomposition of the solid waste in landfills and is comprised primarily of carbon dioxide and methane. The main objective of this work is to maximize the methane production efficiency at the landfill facility at the City of Denton, TX. The focus of this project is to provide fundamental improvements in the conversion of the solid waste compounds to methane gas along with maintaining uniform methane gas migration through the cells at the site. Emphasis will be particularly placed on the incorporation of a biopolymer, (which will be obtained from U.S. Army Engineer Research and Development Center, Environmental Laboratory (ERDC -EL)) within the pilot bioreactor landfill that is to be constructed at the ECO- W.E.R.C.S. facility. Biopolymer compounds produced by Rhizobia sp. have been tested and proved to be effective especially with regards to (i) enhanced water retention in the matrix, and (ii) enhanced microbial nutrient uptake efficiency in the matrix, which are the main factors affecting methane gas generation. Thus, the impact of Biopolymer addition will be in an acceleration of the landfilled waste biodegradation, which will then enhance landfill methane gas generation. Apart from the Biopolymer amendment of the pilot bioreactor cell soils, further alternatives will be sought to accelerate waste degradation for a further increase in methane generation. The proposed research effort will investigate the above items as a result of an extensive integrated experimental-and- modeling analysis of key species involved in the biological and chemical reactions of concern. The quantitative synthesis of these processes will thus provide the conditions for maximum methane generation and the optimum conditions to maintain uniform methane gas migration at the site. The results obtained at each stage of the above proposed approach will be discussed by the City of Denton, TX, MSW Landfill authority and project partners at ERDC -EL. The experimental plan can be revised as seen necessary by the landfill authority. SMU will develop lists of action items needed following each project coordination meeting and distribute the items as well as the results of the analysis to the project personnel. 2 1. Introduction and Background: The City of Denton Landfill at ECO- W.E.R.C.S. is a Type 1 Landfill which receives MSW and has a unique liner system designed to protect groundwater. Waste going into the Landfill is compacted and covered with dirt. In 2008, the Landfill at ECO- W.E.R.C.S. installed a landfill gas collection system to collect and use landfill gas as a green energy source. Currently, there are 73 vertical wells and 34 horizontal collection lines. The system covers the entire 63 -acres of current waste in place. The collected gas is directed to an electric power generator on -site which is connected to the Denton Municipal Utilities electric grid. The current capacity of the electric generator is 1.6 megawatts, powering the equivalent of approximately 1,600 homes per year. The electric power station was designed for expansion as methane gas production increases (City of Denton, MSW, 2014). In 2009, the Landfill at ECO- W.E.R.C.S. received approval from the Texas Commission on Environmental Quality (TCEQ) for the recirculation of leachate and storm water to increase landfill gas production. Leachate is water that trickles down through the waste pack to the bottom liner. A leachate collection system pumps leachate back to the upper levels of the waste pack. This process speeds up the decomposition of waste which increases methane gas production and recovery. The addition of the enhanced leachate recirculation system will allow the area to be reused for new trash and start the process over again when thewastehas been completely decomposed. This unique effort to utilize methane emissions provides significant energy, economic and environmental benefits (City of Denton, MSW, 2014). Landfill gas is produced as a byproduct of anaerobic biodegradation of organic materials in landfills. Landfill gas generation is a biological process where microorganisms decompose the organic waste within the landfill to produce carbon dioxide, methane, hydrogen sulfide and other gases (Manzur, 2010). Landfill gas is composed of a mixture of various gases which typically contains about 45 - 60 % methane, 40 - 60% carbon dioxide as well as trace amounts of nitrogen, oxygen, ammonia, sulfides, hydrogen, carbon monoxide and non - methane organic compounds (NMOCs) such as trichloroethylene, benzene, and vinyl chloride (ATSDR, 2001). Table 1 shows the main compounds and their average concentrations in a typical landfill gas generated from anaerobic biodegradation (US DOE, 1996). Table 1: Composition of landfill gas (l.�S DOE, 1996 Methane (CH4) Carbon dioxide (CO2) Nitrogen (N2) Hydrogen sulfide (H2S) Non - methane organic compound (N MOCs Average concentration After the MSW is landfilled, the organic components are decomposed in the presence of microorganisms mainly in four phases. The composition of the gas produced changes with each of the four phases of decomposition. Phase I: During the first phase of decomposition, aerobic bacteria (i.e., bacteria that live only in the presence of oxygen) consume oxygen while breaking down the organic waste that consists of long molecular chains of complex carbohydrates, proteins and lipids. The primary products of 3 this phase are carbon dioxide and shorter carbon chain compounds. This phase continues until all the available oxygen is depleted by the aerobic bacteria. Phase 11: During the second phase, anaerobic bacteria (i.e., bacteria that do not live in the presence of oxygen) convert the compounds produced by the aerobic bacteria during phase I into acetic, lactic, formic acids and alcohols such as methanol and ethanol: Acetogenesis: C61-11206 10 2C2H50H + 2CO2 The landfill becomes highly acidic. As the acids mix with the moisture present in the landfill, certain nutrients dissolve in the pore space increasing nitrogen and phosphorus concentrations for increasingly diverse species to be active. The primary products of this phase are carbon dioxide and hydrogen. Phase HL During Phase 111, certain kinds of anaerobic bacteria consume the organic acids produced by the acetogenic bacteria in Phase 11 to form methane and carbon dioxide: Methanogenesis: CH3COOH CH4 + CO2 CO2 + 4 H2 CH4 + 2 H2O The maximum amount of methane or natural gas that may be generated during anaerobic decomposition of an organic waste (e.g. cellulose), can be shown by the reaction: C61-11005 + H2O 3CH4 + 3CO2 C61-11004 + 1.5 H2O ----* 3.25 CH4 + 2.75 CO2 This reaction produces a very small amount of heat and the product gas contains about 54% methane and 46% carbon dioxide (Manzur, 2010). The methanogenic and acetogenic bacteria have a symbiotic (i.e., mutually beneficial) relationship, where the acetogenic bacteria produce the compounds for the methanogenic bacteria to consume, and methanogenic bacteria consume the carbon dioxide and acetate, too much of which would be toxic to the acetogenic bacteria (ATSDR, 2001). Phase IV: Phase IV starts when the composition and production rates of landfill gas remain relatively constant. This phase typically results in production of a gas that contains 45-60 % methane, 40-60 % carbon dioxide, and 2-9 % other gases, by volume, such as sulfide products. A summary of the waste decomposition phases and the corresponding amounts of gas composition is shown in Figure I below. 0 Aerobic Anaerobic 100 I � f_ .. .__.������.��� ..... . ..... �...... Phase I Phase II Phase III Phase IV 90 sss �_. m.. m.m , o ,........— -- 80 .. 70 60 4M owawxumn nw.w.wn ornwwrnmwmmmmmummmmmmw M � o 4"0% q. 50 + �... w 40 -60% E40 ..._.. __ ............. -,. �,rog, a. ,,, �, rori 30 I 20 __......_ ._ ..................... _........ _..__..._ ................------ ------ "• 10 4f � 2$% xyger+ Note: Phase duration time varies with landfill conditions Figure 1. Summary of the decomposition phases and gas components in a typical landfill (ATSDR, 2001). Factors AffectinLy Gas Generation: The amount of generated gas from a MSW landfill depends on several factors including the waste composition, moisture content, particle size, age of waste, pH, and temperature. Recently, leachate recirculation has been used to accelerate landfilled waste biodegradation to enhance landfill gas generation. Although first suggested in the mid 1970s (Pohland, 1975), the concept of operating a landfill as a bioreactor or enhanced leachate recirculation (ELR) landfill has recently received an increased attention (Pacey et al., 1999). An ELR landfill operation has been observed to enhance gas production, refuse decomposition, and waste stabilization. The influence of leachate recirculation at the City of Denton landfill facility has been studied by Manzur et al. (2010), where landfill gas generation and gas composition data were monitored for ten (10) individual lateral pipes H1 to H10. The results showed that the gas flow rate and composition at the site were highly affected by additional moisture intrusion into refuse mass in the form of recirculated leachate. This led to the enhancement of gas generation. These recirculated gas pipes resulted in a methane percentage (% CH4) close to 60 %, whereas the non - recirculating pipes provided around 45% ( Manzur, 2010). E 2. Objectives: The main objective of this study is to maximize the methane production efficiency at the landfill facility at the City of Denton, TX. This project is focused to provide fundamental improvements in the conversion of the solid waste compounds to methane gas along with maintaining uniform methane gas migration at the site. Emphasis will be particularly placed on the incorporation ofa biopolymer salt and /or concentrate, (which will be obtained through ERDC -EL authority) within the pilot bioreactor landfill to be constructed at the Denton site. The biopolymer compound has been proven to enhance water retention in the soils, increase microbial carbon and nutrient uptake efficiency, and increase the rates of microbial waste conversion to methane gas. The proposed research effort will address the efficiency of the above items as a result of an extensive experimental analysis of the key biological and chemical reactions of concern. The overall hypothesis is that "the biopolymer film, when amended with landfill soils, will maintain the maximum moisture content within the soils, significantly enhancing the carbon and nutrient uptake efficiency of the microbial species, resulting in higher efficiency of solid waste conversion to methane gas ". The hypothesis will be tested by performing the work plan consisting of the tasks and subtasks as described below. These include: 1) Laboratory experiments for the determination of optimum % of biopolymer loading 2) Pilot scale bioreactor operation at the landfill facility with amended biopolymer compounds, The results obtained at each stage of the above proposed approach will be discussed by the City of Denton, TX, MSW Landfill authority and project partners at ERDC -EL. The experimental plan can be revised as seen necessary by the landfill authority. SMU will develop lists of action items needed following each project coordination meeting and distribute them to the project personnel. Use of a Natural Bio ol'y�gjer as an Amendment: A variety of bacterial species produce extracellular polymeric substances (named as EPS) which are localized at or outside the cell surface (Geesey, 1982; Castellane and Lemos, 2007; Monteiro et al., 2012; Mota et al., 2013; Radchenkova et al., 2013; Silvi, et al., 2013). An important function of EPS is that they can trap, bind, and concentrate organic materials in close proximity to the cells. This facilitates the efficient uptake of hydrolysis products by reducing diffusion loss of products to the surrounding water (Hoffman and Decho, 1999; Wingender et al., 1999; Laspidou and Rittmann, 2002). Bacterial production of EPS has been studied and recognized as a cohesive force facilitating resistance against erosion in sediments (Droppe 2009; Gerbersdorf et al., 2008x, 2008b; Larson et al., 2012) In the marine environments, it has been recognized as an important alternate route for organic carbon cycling (Bhaskar and Bhosle 2005). EPS has also been demonstrated to be promoting soil adhesion for several cyanobacteria in and environments (Hu et al., 2003). Among the bacteria that produce EPS, Rhizobia sp., has been reported to excrete large amounts of polysaccharides into the rhizosphere and, when grown in pure cultures (Noel, 2009), produce abundant amounts of EPS, causing an increase in viscosity (Castellane et al., 2014). Due to its adhesive, water retention, and protective biofilm formation characteristics of the EPS produced by R. tropici, it has been investigated as a potential soil engineering agent (Larson et al., 2012). The main characteristics of this biopolymer include: ➢ Surface adhesion, ➢ Water retention, 0 ➢ Nutrient accumulation in the soils. These results warrant the investigation of the impact of biopolymer potential to (i) enhance water retention, (ii) enhance microbial carbon and nutrient uptake efficiency in the landfill cells, which are the main actors affecting methane gas generation as discussed above. Thus, the impact of biopolymer addition will be an acceleration in the landfilled waste biodegradation, which will then enhance the landfill methane gas generation. 90 80 0 70 Control 10 mg biopolymer 30 mg biopolymer Figure 2. Comparison of germination rate for control and biolpolymer coated seeds, when the 0.2 % biopolymer is amended in soil (from Larsen et al., 2012). 260 Larsen et al. (2012) control provides a performance -i' 200 Blopolymer evaluation of this biopolymer film produced by R. tropici at 160 pilot scale. R. tropici biopolymer film was used to goo coat seeds, where an increase in the germination rates with eo decreased water application was observed (Figure 2). o °mw When the soil was amended 0 60 100 160 200 260 300 360 400 with 0.2 % biolpolymer film, 11me (hr) rate of establishment of Figure 3. Comparison of soil water retention for control and vegetative cover was biolpolymer coated soil (from US Army Corp of Engineers, 2012). increased, which also .__._._. _._ ....... ._. required minimal application of water. It was also observed that the soil amended with biopolymer retained moisture for a longer time compared to the unamended soil (Figure 3). This was also a contributing factor to increased establishment of vegetative cover in areas that were subjected to erosion. 4. Work Plan: The proposed research plan will be performed in two tasks as seen in Figure 4. The details are as described below: Task 1: Laboratory experiments for the determination of optimum % of biopolymer loading: 7 Prior to the implementation of pilot scale bioreactor experiment at the landfill facility, laboratory experiments will be conducted at SMU to determine the optimum % loading of the biopolymer to be used at the pilot bioreactor at the facility. For this purpose, a series of laboratory -scale columns will be constructed using 20 cm- diameter polyacrylic plastic pipe with a total height of 100 cm loaded with about 15 kg of solid waste sample in each column. The solid wastes will be amended with 1 — 5 % biopolymer compound, resulting in a total of 6 columns including a biopolymer -free control. A leachate injection port and a gas collection port will be installed on the top of each column. A leachate collection port will be located at the bottom of each column for leachate collection. All columns will be operated in a thermostatic room (25 ± 5 _C) temperature for a few months. Leachate collected from each column will be recirculated with a flow rate of 500 ml /day. Additional columns will also be tested to vary the recirculation flow rate, to determine if desired moisture content and solid waste decomposition can be achieved with lower flow rate of leachate circulation. Leachate, which will be collected for sampling from the leachate collection port, will be analyzed for pH, COD, BOD5, and ammonia — nitrogen. Major cations can be measured by ICP -MS (Perkin Elmer 6100). Most anions can be determined by ion chromatography, alkalinity by titration, and DOC by high temperature combustion (Shimadzu). Eh and temperature will also be monitored. Anticipated results of this task will be the determination of optimum biopolymer % loading to be used in the plot scale bioreactor experiments, described in Task 2 below. 'l "alsk 2aM: Settip of pilot scale bioreactor experiment ent at tilt landfill facility, A pilot scale bioreactor experiment will be conducted at the landfill facility to mimic the waste decomposition process occurring at the landfill site. The pilot bioreactor will be constructed at the facility with 16 -20 ft long, 12 ft high and 12 ft wide representative cell filled with the landfill material in 2 vertical layers, sloped at 1 -2% (see Figure 4). The cell will be sealed and lined with a high density polyethylene material. The pilot cell will receive municipal solid waste and will be adopted to have leachate recirculation system, similar to the main landfill cells operating at the == Biopolymer Amendment .,.,. m.,.,. MM Gas Collection Task 1 Laboratory VENIM Leachate andfigiads addition for the on determination of Uquid "tram e optimum % of .� biopolymer loading j Task 2. Pilot scale.._nm_. bioreactor operation at Gas la layer the landfill facility with t.ot4e "�rorn� amended biopolymer '. compounds 2d 1.iy er Integration of results to public outreach ...., and education activities Figure 4. Illustration of the project experimental design, pilot scale bioreactor experiment, and work plan proposed in this studv 8 facility. The flow rate of the leachate, mass of the incoming solid waste, etc. will be adjusted to be representative of the main landfill cells. Interconnected horizontal pipes will be installed for gas collection and leachate recirculation purposes. Leachate which will percolate through the pipes to the bottom of the 2" d layer will be collected to a storage tank and then will be resent back to different locations within the pilot cell using different pipes from the leachate storage tank. The collected gas (once every hour from various locations) will be analyzed for methane and COz concentrations. The hourly collected leachate at various locations will be analyzed for solution chemistry to obtain the concentrations of main dissolved ions in the solution. The pilot cell will operate until a steady state condition will be achieved. After collection, leachate samples will be refrigerated until the time of analysis, which will always be carried out within 2 h frame from the time of collection. The experiments will be conducted in duplicates. Major cations can be measured by ICP -MS (Perkin Elmer 6100). Most anions can be determined by ion chromatography, alkalinity by titration, and DOC by high temperature combustion (Shimadzu). Eh and temperature will also be monitored. Task 2b: Pilot scale bior eac:tor~ operation with aniended bio aol crier c.oari orrrrds: Once the pilot cell operation reaches steady state conditions, both layers of the landfill will be amended with the biopolymer compound produced from Rhizobium tropici. The biopolymer salt will be obtained from ERDC -EL in collaboration with Drs. Martin, Deliman, and Larson. The bacterial species can be stimulated to produce large quantities of this biopolymer that can be applied as a concentrate as an amendment. Once the biopolymer is separated from the growth media and extracted to produce a non - reactive (non- cross - linking) material, it can be transported to the landfill facility to apply at the pilot bioreactor cell. The biopolymer can be applied using one of the two methods. The first involves mixing the biopolymer concentrate with water at the site of use, producing a viscous liquid, or gel that is applied. The second method involves mixing the biopolymer, then applying water. Using either application method, when wetted, the biopolymer will form a gel within the MSW matrix. With the small particulates acting as a buffer, the ionic character of the biopolymer is neutralized and the biopolymer can begin reacting with itself and the constituents of the soil matrix as described in Larson et al., (2012). The amount of the biopolymer amendment that will be applied will be adjusted so that both layers of the pilot cell will be mixed well with the biopolymer compound. After about 3 weeks of process time, landfill gas will be collected (once every hour from various locations) to be analyzed for methane and COz concentrations. The hourly collected leachate samples at various locations will be analyzed for solution chemistry to obtain the concentrations of main dissolved ions in the solution, with the same procedure as obtained in Task 1. The results will be compared with the prior results obtained in Task 1. Anticipated results of this task will be a significant improvement in the efficiency of methane generation. The data obtained in this task will be further incorporated into a reactive transport model to predict the interactions of microorganisms with nutrients leading to methane production along with the transport of methane in the pilot cell, as described below. The quantitative synthesis of these processes will also provide the insights for optimum conditions to maintain uniform methane gas migration at the pilot reactor. The model results will also be used to test hypothesis for further experimentation for Task 2, where the experimental set -up, sampling points, frequencies of sampling and analysis may be revised as deemed necessary to ensure the best set of conditions are implemented at the reactor. 0 5. Schedule of tasks: The Gantt chart below describes the anticipated timing of the research with the associated tasks and subtasks): 6. Integration of the proposed research with education, public outreach components, project management plan and collaboration: PI Sengor has expertise in solid waste decomposition, environmental microbiology, environmental biogeochemistry, multi - component multi -phase reactive transport modeling, quantitative geochemistry, and scientific project management. She has been extensively working and publishing on microbial growth kinetics, modeling microbial metabolism in low energy yielding environments, and the coupling of kinetic reactions with multi -phase reactive transport. This project will train and mentor I graduate student who will be engaged in the experimental and modeling efforts. PI Sengor will have the responsibilities for the experimental design and analysis, and the implementation of the mathematical numerical model integrated with the experiments, as well as training and supervision of students. Her research group will work very closely with the City of Denton MSW Landfill authority, especially with Mr. Vance Kemler (Landfill General Manager) and Mr. David Dugger (Landfill Manager) with regards to the operation of the landfill pilot bioreactor experiment. She will also work closely with the U.S. Army Corps of Engineers, Engineer Research and Development Center, Environmental Laboratory especially with Drs. Larson, Martin, and Deliman. The graduate students will be spending significant amount of time at the landfill facility to carry out the sampling and experimental analysis at the landfill pilot bioreactor. The project results will be disseminated to the City of Denton, TX, MSW Landfill authority. SMU will host coordination meetings or conference calls, at least quarterly, with Project Partners to discuss project activities, project schedule, communication needs, deliverables, and other requirements as seen necessary by the landfill authority. SMU will develop lists of action items needed following each project coordination meeting and distribute to the project personnel. This project would highly appeal to the public outreach and education aspects by dissemination of the results to other interested parties through focused workshops, meetings, peer- reviewed articles and conference presentations. Research work will also be incorporated into students' thesis and /or dissertations and published in peer- reviewed journals. The project will build up a solid collaboration with the City of Denton MSW Landfill Facility, U.S. Army Corp of Engineers Environmental Laboratory, and Southern Methodist University, with regards to the state of the art research effort, as well as graduate level teaching and public outreach components. lC 7. References: Agency.fbr Toxic Substances and Disease Registry (ATSDR), 2001. Landfill Gas Primer - An Overview for Environmental Health Professionals. �' ail w�h ili "OOI ch 2mo l"t('11. 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