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HomeMy WebLinkAboutS Grant - Recvclino Education Grant Award05/05/2905 04:34 9197150684 DENR PURCHASE/SVGS n /// /,/~~uy~~ '__ ' s /~/~' ~~ Illl ~C!/~V~`J CONTRACT NO. Hoso23 STATE OF NORTH CAROLINA COUNTY OF WAKE GRANTEE`S FEDERAL l.D. 566000327 C1=DA CODE: NIA - THIS AGREEMENT, made and entered into this 28th day of Sept®mber, 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"; . W(TNESSETH~ THAT WfiEREA5, 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 eaoh other, as hereinafter set forth, the parties hereto do mutually agree as follows: ~'' 1. The GRANTEE hereby agrees to pertorm in a manner satisfactory to the DEPARTMENT, a project titled "Regional Recycling Promotions Campaign For Increasing Container Recycling in the Triangle" as~described in Attachment A which is incorporated as part of this contract and which is included in the 2004 Community Waste Reduction and Recycling Grant proposal on file with the NC Division of Pollution Prevention and Environmental Assistance. 2. ~ Funding for this project is provided as follows: (a) DENR (b) GRANTEESs match $ ~ 10,000.00 $ 1,000.00 3. The DEPARTMENT hereby agrees to pay the GRANTEE a sum of money not to exceed TEN THOUSAND DOLLARS ($10,000.00), said sum to be ful! 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. (b) All travel, lodging, and subsistence costs are included in the contract total and no additions( payments wiN be made in excess of the contract amount indicated above. Contractor must adhere to the travel, lodging and subsistence rates established in the Budget Manual for the State of North Carolina. (c) Invoices are to de submitted to the Contract Administrator at least Quarterly. Fins! invoice must be received by the DEPARTMENT within 45 days after the end of the contract period. 1 6f 5 _, ~~ ~w..~v 9197150684 DENR PURCHASEISVCS PAGE 03 CONTF2ACT NO. H05023 (d} Amended or corrected invoices must be received by the Office of the Controller within six months offer 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 yoars following completion of the contract. 6. The GRANTEE shall be considered to be art independent contractor and as such shat! be wholly responsible for the work to be performed and for the supervision of its employees. The GRANTEE represents that it has, yr 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 Contracf Administrator. The following• individual is designated key personnel for purposes of this contract: Murie! Williman 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 Contract 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 relieved of any of the duties and responsibilities provided in this contract; (b) the subcontractor agrees to abide by the standards contained herein or to provide such information as to allow the GRANTr~E to comply with these standards, and; (c) the subcontractor agrees tv allow state and federal authorized representatives access tp• any • records pertinent to its role as a subcontractor. 9. The services of the GRANTEE are to commence on the 4st day of October. 200Q, 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 event, all of the services required hereunder shall be completed by the 30th day of September, 2005. 10. If, through any cause, the GRANTEE shall fail to fulfil( in a timely and proper manner the obligations under this agreement, the DEPARTMENT shall 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 shell, 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 2 of 5 05/05/2005 04:34 9197150684 DENR PURCHASE/SVGS PAGE 04 CONTRACT NO. H05D23 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. The foregoing shalt not be construed as a waiver of governmental immunity by the GRANTEE. 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 in an amount which bears the same ratio to the total compensation as the services actually performed bear to the. total services 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 wher® compensation is based on each full day of services performed, less payment of compensation previously made.. The GRANTEE shall repay to the DEPARTMENT any 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 GRANTEE to be performed under this agreement. Such changes, including any increase or decrease in 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. Any information, data, instruments, documents, studies or reports given to or prepared by the GRANTEE under this agreement and released under the NC Public Records Law shall also be provided to the DEPARTMENT. 15. Upon the entering of a judgment of bankruptcy or insolvency by yr 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, - 3 of 5 05/05/2005 04:34 9197150684 DENR PURCHASE/SVGS PAGE 05 CONTRACT NO. H05023 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 agreemehts and covenants between the DEPARTMENT ahd 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 exception of consequential damages, accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connectlon with the performance of this contract, and from anyand all claims and losses accruing'or .. resulting to any person, firm, or corporation that may be injured or damaged by the GRANTEE in the pertormance 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 th'e 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 goods to the Stat®. The representat(on and warranty in the preceding sentence shall survive the termination or expiration of this contract. The foregoing shall not be construed as a waiver of governmental immunity by the GRANTEE. 22. The DEPARTMENT and the' GRANTEE does not waive their governmental immunity by entering into this contract and each fully retains all immunities and defenses provided bylaw with respect to any action based on this contract. 23. The parties certify and warrant that no gratuities, kickbacks or contingency foe(s) were paid in connection with this contract, nor were any fees, commissions, gifts yr other considerations made contingent upon the award of this contract. 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) yr 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 fobbylsts 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 fhe treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin; or disability 4 of 5 05/05/2005 04:34 9197150684 DENR PURCHASE/SVGS PAGE 06 CONTRACT NO. H05023 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 CONTRACTOR and the DEPARTMENT have executed this agreement in four originals, one (1) of which is retained by the CONTRACTOR and three (3) of which are retained by the DEPARTMENT, the day and year first above written. O B~ NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL XNilliam G. Ross, Jr., Secretary plrec(orlDivlslon of Purchase & Servlcas'"'• Moses Cax'e~, Jr . Typed Name Ch_aix, Orange Go. Board o£ Commiss3.oners Title By epa m t Head Signature or Aut orized Agent WITNESS: Signature . Approved as to Form: Attorney General of North Carolina WITN SS: .~, gnature This instrument has been pre-audited in a nr~anner required by the J~ocal Government J3udgct and Fiscal Con o1. ~ ORIGINAL ~~~~ Finance Director ~ - 5of5 05/05/2005 04;34 9197150684 DENR PURCHASE/SVGS PAGE 07 SCOPE OF WORD A'trACHMet~r_~- Urattge CoUaty- 2004 Comtrauztity Waste ~educlioa and Recyclia~ Graak Contract dates: 10%t/.~004-- 49/30/05 The Scope of Vyor~C for this cont~~act is as follows: 1. Frepaze and send to the Division o£ Pollution Prevention and Environmental Assistance an estimated timeline for the project within thirty (30) days of ssgning the contract. x. The Orange County will implement tl,e Natloaa! Soft Drink ,Association (NS.DA) reeycl,ing education campaign. 3. Tl~e county wzll purchase, through NSDA or independently, radio advertising for the ,purpose: of educating the public about recycling. 4. The county will purchase or adopx other aspects of tbo NSDA, program where feasible. S. F'rovidc a cash snatch to the grant project e~ua) to no less than ! 0% of the grarJt rlinds pro~idcd by DPPEA. G. Documont~to the exteztt fea93blc tbo am,outtt of material diverted fcvtu disposal as a Tesult oftTt~s„ grant project. 7. Upon request, make information about thq grant project avaiiab(e to other pa(kios why m;ay ba considering a sim{tar project. $. l;nsuro that all publications- produced as a result of Lhis grant award stn prfnted ern recycled paper and explicitly sta,te+: `Funding for this project was provided in part throw a grant £rom tre North Carolina Division of Pollution Prevention and Environmental Assis~nce, Depettmertt of )environment and Natural Resources:' 9. PxEpate a finalreport, double-sided and on recycled paper with atlcast30percentpast consumer Content, to be subrtaitted to the Division of Pollution Prevention and Environtiientsi, Assistance on or before October I~, 2005. Subtzxit through entail a draft of iho repot[ to the Aivicioq of Pollution Prevextion azzd Environmental .A;ssistancc for review on or1~e£ore September ], 2005. If cm,aia {s unavailable, svbnut a hard copy of the draft doctblo-sided arld on recs~cled paper tviih at least 30 percent post-consumer content by September 1, 2005. 10. The payment schedule .fbr dais contract will be as follotivs: a. Payment of 90 pet~ent of grant fitnds for Orange County: Upon comp(ctivn of items 2 and 3 a.bave, b. Payment of 10 pet'cEnt of'grant.fund9 for Orange County: Upon acceptable c~nnpletion and submittal, of a final report..