HomeMy WebLinkAbout2000 S Solid Waste - Acceptance of Grant for Wood Waste Processing ' CONTRACT NO. H200049
STATE OF NORTH CAROLINA CONTRACTOR'S FEDERAL I.D.
OR SOCIAL SECURITY NO.
COUNTY OF WAKE
THIS AGREEMENT, made and entered into this 6' day of January, 2000, by
and between Town of Chapel Hill, hereinafter referred to as "CONTRACTOR", and North
Carolina Department of Environment and Natural Resources, hereinafter referred to as
"DEPARTMENT";
WITNESSETH:
THAT WHEREAS, the CONTRACTOR 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
CONTRACTOR 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 CONTRACTOR hereby agrees to perform in a manner satisfactory to
the DEPARTMENT, establish a wood separation and processing program as described in
Attachment A which is incorporated as part of this contract.
2. The DEPARTMENT hereby agrees to pay the CONTRACTOR a sum of
money not to exceed THIRTEEN THOUSAND DOLLARS ($13,000.00), said sum to be full and
complete compensation for services rendered under this agreement.
(a) Payment for services will be made upon receipt of an invoice from
the CONTRACTOR documenting the costs incurred in the performance of work under this
contract.
(b) Invoices are to be submitted to the Contract Administrator at least
quarterly. Final invoices must be received by the DEPARTMENT within 45 days after the end
of the contract period.
(c) Amended or corrected invoices must be received by the Office of
the Controller within six months after the end of the contract period. Invoices received_ more
than six months after the end of the contract period will be returned without action.
3. The CONTRACTOR represents that he has, or will secure at his own
expense, all personnel required in performing the services under this agreement. Such
personnel shall not be employees of the DEPARTMENT.
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CONTRACT NO. H2O0049
4. The CONTRACTOR 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: Blair Pollock.
5. None of the work to be performed under this contract which involves the
specialized skill or expertise of the CONTRACTOR or his employees shall be subcontracted
without prior approval of the Contract Administrator. In the event the CONTRACTOR
subcontracts for any or all of the services or activities covered by this contract: (a) the
CONTRACTOR 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 CONTRACTOR 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.
6. The services of the CONTRACTOR are to commence on the 1St day of
February, 2000, 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 31St day of January 2001.
7. The CONTRACTOR shall assure that no person, solely on the grounds of
race, color, age, religion, sex or national origin, be excluded from participation in, be denied the
benefits of, or be subject to discrimination under any program or activity covered by this
agreement.
8. The CONTRACTOR shall assure that no otherwise qualified handicapped
individual, solely by reason of his/her handicap, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity covered by this
agreement.
9. The Americans with Disabilities Act 1990 (ADA) makes it unlawful to
discriminate in employment against a qualified individual with a disability and outlaws
discrimination against individuals with disabilities in State and local government services and
public accommodations. The CONTRACTOR certifies that it and its principals and
subcontractors will comply with regulations in ADA Title I (Employment), Title II (Public
Services), and Title II I (Public Accommodations) in fulfilling the obligations under this
agreement.
10. If, through any cause, the CONTRACTOR shall fail to fulfill in timely and
proper manner the obligations under this agreement, the DEPARTMENT shall there upon have
the right to terminate this contract by giving written notice to the CONTRACTOR 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 CONTRACTOR shall, at the option of the
DEPARTMENT, become its property, and the CONTRACTOR'shall be entitled to receive just
and equitable compensation for any satisfactory work completed on such documents and other
materials. The CONTRACTOR 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 CONTRACTOR for the purpose of set off until
such time as the exact amount of damages due the DEPARTMENT from such breach can be
determined.
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CONTRACT NO. H200049
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 CONTRACTOR 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 CONTRACTOR 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
CONTRACTOR covered by this agreement; for costs of work performed by subcontractors for
the CONTRACTOR 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 CONTRACTOR 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 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.
13. The CONTRACTOR agrees to indemnify and save harmless the State of
North Carolina, Department of Environment and Natural Resources, its officers and employees
from claims, suits, actions, damages and cost of every name and description arising out of or
resulting from the performance of this contract.
14. Any CONTRACTOR receiving at least $15,000 but less than $100,000 in
state funds from the DEPARTMENT within any fiscal year is required to file with each funding
state agency a sworn accounting of receipts and expenditures of state funds in the format
approved by the State Auditor. This accounting must be attested to by the CONTRACTOR
fiscal officer and one other authorizing officer of the CONTRACTOR. This accounting must be
filed with each funding state agency within six months after the end of the CONTRACTOR'S
operating year. If the CONTRACTOR receives STATE funds of$100,000 or more during its
fiscal year, it must file with the State Auditor and each funding agency its audited financial
statements in accordance with the standards and formats prescribed by the State Auditor in
Memorandum NGO-2 "Grantee Audit Reports." If the CONTRACTOR receives $300,000 or
more in FEDERAL awards during its fiscal year from any source, including federal funds passed
through the State or other grantors, it must obtain a single audit or program-specific audit
conducted in accordance with the Federal Office of Management and Budget's Circular A-133
"Audits of States, Local Government and Non-Profit Organizations." If the above amounts are
not met by one single funding agency, but rather any combination of funding agencies, then the
appropriate reports shall be sent to the Office of the State Auditor. Also, a corrective action
plan for any audit findings and recommendations must be submitted along with the audit report
or within the period specified by the applicable OMB Circular or Memorandum.
15. The DEPARTMENT may, from time to time, request changes in the
scope of the services of the CONTRACTOR to be performed under this agreement. Such
changes, including any increase or decrease in the amount of the CONTRACTOR'S
compensation, which are mutually agreed upon by and between the CONTRACTOR and the
DEPARTMENT, shall be incorporated in written amendments to this contract.
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CONTRACT NO. H200049
16. Any information, data, instruments, documents studies or reports given to
or prepared or assembled by the CONTRACTOR under this agreement may be published by
the CONTRACTOR or its employees, or distributed by the CONTRACTOR to any other
individual or organization. Prior to entering into an agreement to publish, or prior to publishing,
the CONTRACTOR or its employees shall give the DEPARTMENT a reasonable opportunity to
review any such proposed publication solely for the purpose of determining if the
DEPARTMENT wishes to be given credit for its funding role in the preparation of any such
information, data, instruments, documents, studies, or reports. If the DEPARTMENT
determines that it wishes to be given credit, then CONTRACTOR shall take all necessary steps
to assure that credit is given by the publisher. Otherwise, the CONTRACTOR may proceed to
enter into any agreement to publish, or may publish, but shall not acknowledge any participation
by the DEPARTMENT.
17. The CONTRACTOR shall ensure that all publications produced as a
result of this contract are printed double-sided on recycled paper.
18. The filing of a petition in bankruptcy or insolvency by or against the
CONTRACTOR shall terminate this agreement.
19. The CONTRACTOR shall not assign or transfer any interest in this
agreement.
20. 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
CONTRACTOR.
21. It is agreed between the parties hereto that the place of this contract, its
situs and forum, shall be Wake County, North Carolina, and in said County and State shall all
matters, whether sounding in contract or tort relating to the validity, construction, interpretation
and enforcement of this agreement, be determined.
22. The CONTRACTOR agrees that the State may have the right to audit the
records of the CONTRACTOR pertaining to this contract both during performance and for 36
months after completion or termination. The CONTRACTOR must retain all records relating to
this contract and allow employees or agents of the DEPARTMENT to inspect such records
during the period of time set out herein.
23. The CONTRACTOR agrees that he shall be responsible for the proper
custody and care of any State owned property furnished him for use in connection with the
performance of his contract and will reimburse the State for its loss or damage.
24. The CONTRACTOR certifies that he is in compliance with "Attachment I"
Assurances-Non Construction Programs.
25. 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 CONTRACTOR'S compensation shall not be effective until they have
been approved by the DEPARTMENT Head or Authorized Agent.
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CONTRACT NO. H2O0449
IN WITNESS WHEREOF, the CONTRACTOR 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.
CONTRACTOR NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL
RESOURCES
By /,, Bill Holman, Secretary
Contracto ignature
Moses Carey, Jr. Director/Divisionof
Typed Name Purchase&Services
Department Head's Signature
or Authorized Agent
WITNESS: WITNESS:
fo ignature ignature
Approved as to Form:
Attorney General of North Carolina
DUPLICATE ORIGINAL
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ATTACHMENT
2000 C&D RECYCLING GRANTS
SCOPE OF WORK
Chapel Hill 2000 C&D Recycling Grant
Contract dates: February 1, 2000—January 31, 2001
The Scope of Work for this project is as follows:
1. Prepare and send to the Division of Pollution Prevention and Environmental
Assistance a work plan for the project within thirty (30) days after the contract has
been signed. The work plan should include a complete project schedule and be based
on Chapel Hill's Grant Proposal and should include the following:
• A description of the proposed project
• Increased tons of material to be diverted from disposal over the contract
period.
• Number of jobs to be created
• Increased revenue as a result of the project
• Contract budget
2. Sort wood waste at the Orange County landfill.
3. Contract with Charles Blythe Equipment Co. Inc. to grind the wood waste.
4. Obtain all applicable permits from the appropriate regulatory agencies.
5. Document to the extent feasible the amount of waste reduction [or "tons
recycled" or something similar]as a result of the grant project.
6. Actively promote the project through presentations at professional conferences,
community meetings, and trade association meetings.
7. Ensure that all publications produced as a result of this grant award are printed
on recycled paper (with at least 30% post-consumer content) and explicitly
stater "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."
8. Submit a draft copy of the report, double-sided and on recycled paper (with at
least 30% post-consumer content), to the Division of Pollution Prevention and
Environmental Assistance for review on or before December 31, 2000. Prepare a
final report, double-sided and on recycled paper (with at least 30% post-
consumer content), to be submitted to the Division of Pollution Prevention and
Environmental Assistance on or before January 31, 2001. The final report should
address items' contained in the Work Plan and Grant Final Report Format
instructions attached to this Scope of Work.
DIVISION OF POLLUTION PREVENTION & ENVIRONMENTAL ASSISTANCE
GRANT FINAL REPORT FORMAT
Procedures:
One month prior to the end of the grant contract, please submit a draft final report to your NC DPPEA
contact. If you are not sure whom your DPPEA contact person is,call (800) 763-0136 or(919)715-6500
and ask for someone on the Community and Business Assistance Section staff.
Your DPPEA contact will review the draft report, note necessary changes or additions, and return it to
you for modification. When all the modifications are made, submit the final report back to DPPEA along
with a final invoice requesting grant funds still unreceived,and receipts, P.O.s or other documentation of
expenditures.
Report Format:
Follow the format described below in writing your final report. Do not submit the report in the form
of a letter. The final report must have a title at the top saying: "Final Report" and"[the name of the
Grant] for[Name of your Agency or Company],"plus the beginning and end dates for the grant. Write
at least one paragraph for each of points 1 through 7 below,with headers for each paragraph identifying
the paragraph topic.
1. Description of project accomplishments.
2. Assessment of adherence to contract Scope of Work(or modified Scope of Work if negotiated).
3. Evaluation of success of the project(i.e.,did the project meet its goals).
4. Description of unanticipated events(negative and positive)in conducting the project.
5. Description of what you would do differently if you could do the project over again.
6. Description of the waste reduction impact of the grant(e.g., amount and kind of materials recycled).
Please include if possible an exact projection of how many tons of permanent annual diversion of
materials from disposal will take place as a result of the grant project.
7. Description of any materials developed as a result of the project(e.g., brochures,fact sheets,
mailings, or other documents). Please attach copies of the materials and copies of any press or
publicity articles related to the grant project.
8. Number of jobs created as a result of the project.
Other Final Report Requirements
1. Please submit all drafts and the final report double-sided and on recycled paper.
2.Attach a final fiscal report that outlines project costs and shows state fund and matching fund
expenditures(including the cash match, in-kind contributions,and other funds). The format should be
similar the to following table. Total revenues and expenditures should match exactly.
Revenues: Expenditures:
State funds: $$$ Line items for each kind of expenditure
Local cash match: $$$ $$$
Local in-kind match: $$$ $$$
Funds from other sources: $$$ $$$
Total Project revenues $$$ Total Project Costs
ATTACHMENT [
ASSURANCES - NON CONSTRUCTION PROGRAMS
The CONTRACTOR certifies that with regard to: .
1. DEBARMENT AND SUSPENSION - To the best of its knowledge and belief that it and its
principals:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal Department or agency;
(b) have not within a 3-year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1) (b) of this certification; and
(d) have not within a 3-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause of default.
2. LOBBYING - To the best of his or her knowledge and belief, that:
(a) no Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement;
(b) if any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with the Federal contract, grant, loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying" in accordance with its instructions.
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3. - It will comply by:
(o) publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession or use of aoontroUed substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
(b) establishing o drug-free avvanwnemm program to inform employees about -
(1) the dangers of drug abuse in the workplace;
(2) the grantee's policy mf maintaining e drug-free workplace;
(3) any available drug counseling, rehabilitation, and employee assistance programs;
and
(z ) the penalties that may be imposed upon employees for drug abuse violations
oocUrhng |m the workplace;
(o) making it a requirement that each employee to be engaged in the performance of the grant
ba given a copy mf the statement required bv paragraph (a) above;
(d) notifying the employee in the statement required by paragraph (a) above, that as e
condition of employment under the grant, the employee will -
(1) abide by the terms of the statement; and
(2) notify the employer of any criminal drug statute conviction for o violation occurring
Um the workplace mp later than five days after such conviction;
(e) notifying the agency within ten days after receiving notice under subparagraph (d) (2)
above, from onemployee or otherwise receiving actual notice mf such conviction;
(f) taking one of the following actions within 30 days of receiving notice under subparagraph
(d) (2) above, with respect to any employee who Ymso convicted -
(1) taking appropriate personnel action against such an employee, up to and including
termination; or
(2) requiring such employee to participate satisfactorily ino drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
(g) making a good faith effort to continue to maintain o drug-free workplace through
implementation of paragraphs (a)' (b), (c), (d), (e), and (f), above.
AND
4' Will comply with the provisions mf the Hatch Act wh�hUmb �e activities of employees
whose principal employment activities are funded in vho|o
or in part with Federal funds.
5' Will comply, as applicable, with the provisions of the Davis-Bacon Act, the Copeland Act, and the
Contract Work Hours and Safety Standards Act regarding labor standards for federally assisted
conatructimnsubagreennmnta.
6' Will comply.with all applicable requirements of all other federal laws, executive orders, regulations
and policies governing this program.
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