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HomeMy WebLinkAboutNS Grant - Acceptance of State Recycling Grant for Glass CrusherSTATE OF NORTH CAROLINA COUNTY OF WAKE CONTRACT NO. H04049~-?~ GRANTEE'S FEDERAL I.D. 566000327 CF®A CO®E: N/A THIS AGREEMENT, made and entered into this 25th day of March, 2004, by and between Orange County hereinafter referred to as "GRANTEE", and North Carolina Department of Environment and Natural Resources, hereinafter referred to as "DEPARTMENT"; WITNESSETH: THAT WHEREAS, the GRANTEE has submitted to the DEPARTMENT a proposal for the performance of certain technical or professional services; and WHEREAS, the DEPARTMENT desires to enter into a contract with the GRANTEE to perform the services set out in the proposal; NOW, THEREFORE, for and in consideration of the mutual promises to each other, as hereinafter set forth, the parties hereto do mutually agree as follows: 1. .The GRANTEE hereby agrees to perform.in a manner satisfactory to the DEPARTMENT, a project entitled "Using a glass crusher to create alternative products from unmarketable or costly glass", as described in Attachment A "Scope of Work" which is incorporated as part of this cortract and is in response to the 2004 Community Waste Reduction and Recycling Grant proposal issued by the North Carolina Division of_ Pollution Prevention and Environmental Assistance and the GRANTEE'S proposal response on file with the North Carolina Division of Pollution Prevention and Environmental Assistance. 2. Funding for this project is provided as follows: (a) DENR $ 25,000.00 (b) GRANTEE Required Match $ 2,500..00 3. The DEPARTMENT hereby,agrees to .pay the GRANTEE a sum of money not to exceed,TWENTY FIVE THOUSAND.,DOLLAR$ ($25,000.0.0), said sum to be full and complete compensation for services to be, `rendered under this agreement. (a) . Payment for services will be made upon receipt and approval of invoice(s) from the GRANTEE documenting the costs incurred in the performance of work under this contract, as indicated in the "Scope of Work" for the Orange County - 2004 Community Waste Reduction and Recycling Grant" included in Attachment A. (b) All travel, lodging, and subsistence costs are included in the contract total and no additional payments will be made in excess of the contract 1 of 5 CONTRACT NO. H04040 amount indicated above. Contractor must adhere to the travel, lodging and ~ ~~ subsistence rates established in the Sudget Manual for the State of North Carolina. (c) Invoices are to be submitted to the Contract Administrator at least quarterly. Final invoice must be received by the DEPARTMENT within 45 days after the end of the contract period. (d) Amended or corrected invoices must be received by the Office of the Controller within six months after the end of the contract period. Any invoices received after six months will be returned without action. 4. The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the DEPARTMENT. 5. The State Auditor shall have access to persons and records as a result of all contracts and grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7.. The GRANTEE shall retain all records for a period of three years following completion of the contract. 6.~ The GRANTEE shall be considered to be an independent contractor and as such shall be wholly responsible for the work to .be performed and for the supervision of its employees. The GRANTEE represents that it has, or will secure at its_ own expense; all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with the DEPARTMENT. 7. The GRANTEE shall not substitute key personnel assigned to the performance of this contract without prior approval by the Contract Administrator: The following individual is designated key personnel for purposes of this contract' Blai Pollock. 8. None of the work to be performed under this contract which involves the specialized skill or expertise of the. GRANTEE or his employees shall be subcontracted without prior`approval of the Contrast Administrator. In the event the GRANTEE subcontracts for any or all of the services or activities covered by this contract: (a).the GRANTEE is not r..elievede of,any of the duties and responsibilities provided in this contract;_(b) the su~bcont~actor agrees to abide by the`staridards contained hereinor to provide such information as`to allow the GRANTEE to~comply with these standards, and; (c), the subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor: 9. The services of the GRANTEE are to commence on the 15'h day of April, 2004, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this agreement, but in any 2 of 5 CONTRACT NO. H04049 event, all of the services required hereunder shall be completed by the 14m day ®f April, 2005. 10. If, through any cause, the GRANTEE shall fail to fulfill in a timely and proper manner the obligations under this agreement, the DEPARTMENT shalt thereupon have the right to terminate this contract by giving written notice to the GRANTEE of such termination and specifying the reason thereof and the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the GRANTEE shall, at the option of the DEPARTMENT, become its property, and the GRANTEE shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The GRANTEE shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any breach of .this agreement, and the. DEPARTMENT may withhold payment to the GRANTEE for the purpose of set off until such time as the exact amount of damages due the DEPARTMENT from such breach can be determined. 11. This contract may be terminated by either party upon thirty (30) days notice given in writing by one party to the other. If the contract is terminated, all finished or unfinished documents and. other materials shall, at the option: of the DEPARTMENT, become-its property. Termination of the contract by the GRANTEE shall not prohibit the DEPARTMENT from seeking remedy for additional costs consequential to the termination, which are incurred by the DEPARTMENT. If~the contract is terminated by the DEPARTMENT as provided herein, the GRANTEE will be paid m an amount which bears the same patio to the.total compensation as the services actually performed bear to the total sernces of~the GRANTEE covered by this agreement, for~costs of work performed by subcontractors for the GRANTEE provided that such subcontracts have -been :approved as provided herein; or for each full day of services performed where compensation is based on each full day of services'' performed, less payment of compensation previously made. The GRANTEE shall repay to the DEPARTMENT ariy compensation he has received which is in excess of the payment to'which he is entitled herein.` 12. The GRANTEE shall ensure that all publications produced as a result of this contract are printed double-sided on recycled paper. 13. The DEPARTMENT may,` from time to time, request changes in the scope of the services of the GRA(VT~~ to„be erf. ormed,under this agreement. Such changes, including any increase ~or decrease ~n the amount of the GRANTEE'S . , compensation, which are mutually agreed upon by'and between the GRANTEE -and the DEPARTMENT, shall be incorporated in written amendments to this contract: 14. Any information, data, instruments, documents studies or reports given to or prepared or assembled by the GRANTEE under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the DEPARTMENT. 3of5 CONTRACT NO. ~ H04049 //,~ 15. Upon the entering of a judgment of bankruptcy or insolvency by or I~ ~~ against the GRANTEE, the DEPARTMENT may terminate this agreement for cause. 16. The GRANTEE shall not assign or transfer any interest in this agreement. 17. No reports, maps or other documents produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the GRANTEE. 18. The GRANTEE agrees that he shall be responsible for the proper custody and care of any State owned property furnished for use in connection with the performance of this contract and will reimburse the State for its loss or damage. 19. Ownership of equipment purchased under this contract rests with the DEPARTMENT according to 40 CFR Section 31, or comparable regulations of the sponsoring Agency. Such equipment may be retained by the GRANTEE for the time the GRANTEE continues to provide services begun under this contract or with approval from the DEPARTMENT be transferred to other DEPARTMENT contracts. ,20. This contract represents the entirety of the agreements and covenants. between the DEPARTMENT and the GRANTEE .with. respect to_the subject matter hereof and accordingly cannot be amended or modified ,except by written instrument executed by the parties. hereto. 21 The GRANTEE shall hold and save the State, its.officers, agents, and employees, harmless from~liability of any.kind, including-all claims and:losses, with the excepfion.ofi consequential damages; accruing orjresult'ing to;any other person; firm, or corporation furnishing or supplying work, services, materials, or supplies in corinection.with the performance of, this contract, and from any and all claims and losses accruing or resulting to any.~person, firm, or corporation that may. be injured: or damaged by the GRANTEE ~in the, performance ~of this contract and that, are attributable to the negligence or intentionally tortuous acts. of the GRANTEE provided that the GRANTEE is notified in writing within~30 days that the State has knowledge of such claims.. The GRANTEE represents and warrants;that it shall make.no claim of any kind or~ nature against the,State`s agents who are involved in the delivery or processing of GRANTEE~gbods to the State. Tfie~ representation and warranty in the preceding sentence shall survive the termination,or expiration of this contract. ,: ::: ;: ;~22 The,DEPARTMENT does not waive its sovereign immunity by entering into this contract and fully retains all immunities and defenses provided by law with respect- to -any action based on this contract. . 23. The parties certify and warrant that no gratuities, kickbacks or contingency fee(s) were paid in connection with this contract, nor were any fees, commissions, gifts or other considerations made contingent upon the award of this contract. 4of5 ' CONTRACT NO. H04049(~ 24. The GRANTEE certifies that it (a) has neither used nor will use any appropriated funds for payments to lobbyist; (b) will disclose the name, address, payment details, and purpose of any agreement with lobbyists whom GRANTEE or its subtler contractor(s) or subgrantee(s) will pay with profits or non-appropriated funds on or after December 22, 1989; and (c) will file quarterly updates about the use of lobbyists if material changes occur in their use. 25. The GRANTEE shall take affirmative action in complying with all federal and state requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin, or disability 26. The GRANTEE shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. 27. Scott Mouw is designated as the Contract Administrator (project coordinator) for the State. However, any changes in the scope of the contract which will increase or decrease the GRANTEE'S compensation shall not be effective until they have been approved by the DEPARTMENT Head or Authorized Agent. IN WITNESS WHEREOF, the GRANTEE and the DEPARTMENT have executed this agreement in duplicate originals, one of which is retained by each of the parties, the day and year first above written. ORANGE COUNTY By. GRANTEE' Signature NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES William G. Ross, Jr., Secretary Director/Division of Purchase & Services Typed Name WITNESS: Signature Approved as to Form: Attorney General of North Carolina By. Department Head's Signature or Authorized Agent WITNESS: Signature . , .-._ _ ., c w ~ 5 of 5 OAK ~ A17ACHMEN~ (~ n. SCOPE OF W _ Orange County - 2004 Community Waste Reduction and Recycling Grant Contract dates: 4/15/2004 - 4/14/05 The Scope of Work for this contract is as follows: 1. Prepare and send to the Division of Pollution Prevention and Environmental Assistance an estimated timeline for the project within thirty (30) days of signing the contract. 2. Purchase and put into use a glass crusher for the purpose of improving the county's glass recycling program. 3. Provide a cash match to the grant project equal to no less than 10% of the grant funds provided by DPPEA. 4. Document to the extent feasible the amount of material diverted from disposal as a result of this grant project. 5. Upon request, make information about the grant project available to other parties who maybe considering a similar project. 6. Ensure that all publications produced'as a result of this grant-award are printed on recycled paper and explicitly state: "Funding for this project was provided in part through a grant from the North Carolina Division of Pollution Prevention and Environmental Assistance, Department of Environment and Natural Resources" 7. Prepare a final report, double-sided and on recycled paper with at least 30 percent post- consumer content, to be submitted to the Division of Pollution Prevention and Environmental Assistance on or before April 14, 2005. _ Submit through email a draft of the report to the Division of Pollution Prevention and Environmental Assistance for review on or before March 15, 2005. If email is unavailable, submit a hard. copy of the draft double-sided and on recycled paper with at least 30 percent post-consumer content by March 15, 2005. 8. The payment schedule for this .contract will be as follows: a. Payment of 90 percent of grant funds for Orange County: Upon completion. of item 2 above. b. Payment of 10 percent of grant funds for Orange County: Upon acceptable completion and submittal of a final report.