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HomeMy WebLinkAbout2000 S Solid Waste - N.C. Department of Environment and Natural Resources 2000 Solid Waste Reduction Assistance Grant Project H01012 CONTRACT NO. H01012 STATE OF NORTH CAROLINA CONTRACTOR'S FEDERAL I.D. OR SOCIAL SECURITY NO. COUNTY OF WAKE THIS AGREEMENT, made and entered into this 1St day of July, 2000, by and between Orange County, 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, services for the 2000 solid waste reduction assistance grant 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 FIVE THOUSAND DOLLARS ($5,000.00), 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) Where travel, lodging and subsistence are allowable costs, reimbursement will be made in compliance with applicable budget regulations as contained in the Budget Manual for the State of North Carolina. (c) 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. (d) 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. 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: Terry Campbell. 1 of 5 CONTRACT NO. H01012 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 July, 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 30th day of June, 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 III (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. 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 2 of 5 CONTRACT NO. H01012 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. 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. 3 of 5 CONTRACT NO. H01012 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. 4 of 5 CONTRACT NO. H01012 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 Bill Holman, Secretary Contractor's Signature 1plose Director/Division of Typed Na a Purchase&Services Department Head's Signature or Authorized Agent WITNES WITNESS: ignature Si nature Approved as to Form: Attorney General of North Carolina DUPLICATE ORIGINAL 5 of 5 1 . ATTACHMENT A SCOPE OF WORK Orange County — 2000 Solid Waste Reduction Assistance Grant Contract dates: July 1, 2000 - June 30, 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. 2) Fabricate mobile and stationary signs featuring the "Recycle Guys". 3) Purchase and erect mount rails for mobile signs on Orange County front-end loader. 4) Purchase materials to erect stationary signs. 5) Develop and purchase bilingual solid waste/recycling brochures and decals for convenience centers. 6) Conduct waste reduction and recycling education campaign at school events in Orange County. 7) Provide a cash match to the grant project equal to no less than 20% of the grant funds provided by DPPEA. 8) Document to the extent feasible the amount of material diverted from disposal as a result of this grant project. 9) Upon request, make information about the grant project available to other parties who may be considering a similar project. 10)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." 11)Prepare a final report, double-sided and on recycled paper, to be submitted to the Division of Pollution Prevention and Environmental Assistance on or before June 30, 2001. Submit a draft copy of the report, double-sided and on recycled paper, to the Division of Pollution Prevention and Environmental Assistance for review on or before May 31, 2001. / ATTACHMENT { _ ASSURANCES - N00 CONSTRUCTION PROGRAMS The CONTRACTOR certifies that with regard to: 1 DEBARMENT AND SUSPENSION - To the boot 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 mornrniaoion of fraud or ohnnina} offense in connection with obtaining, attempting to obtain, or performing o 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; (o) are not presently indicted for orotherwise criminally or civilly charged by mgovennmuento| entity (Federal, State, or local) with cornrnlamion of any afthe offenses enumerated in paragraph (1) (b) of this certification; and (d) have not within m 3-year period preceding this application/proposal had one ormore 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 1oinfluence an officer nremployee of any agency, a Member of Congress, an officer o/ 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, ronovva[ 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 mr attempting to influence an officer oremployee of any agency, a Member of Congress, an officer mremployee of Congress, or an employee mfa 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. ' . ^ . 3' ' It will connok/ by: (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use ofo controlled 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 a drug-free avvnnunesm program to inform employees obout - (l) the dangers of drug abuse iD the workplace; (2) the grantee's policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may bo imposed Upon employees for drug abuse violations occurring in the workplace; (o) making \ta requirement that each employee tobe engaged in the paeformanQemf the grant be given e copy of thsrmtotemant required by paragraph (o) above; (d) notifying the employee in the statement required by paragraph (a) above, that as a condition nf employment under the grant, the employee will - (1) 'aLide by the terms of the statement; and . (2) notifythe employer of any criminal drug statute conviction for ev/iq|a1|on occurring in the workplace no later than five days after such conviction; (m) :notifying the agency within ten days after receiving notice under subparagraph (d) (2) above, from an employee or otherwise receiving actual notice of such conviction; (f) taking one ofthe following actions within 3O days�of receiving notice under subparagraph (d) (2) above, with respect to any employee who is on convicted - (1) taking appropriate personnel action against Such an employee, up to and including termination; or (2) requiring such employee to participate satisfactorily in m drug abuse smmietonue or rehabilitation program approved for such purposes by Federal, State, or local health, |avv enforcement, or other appropriate agency; (g) making a good faith effort to continue to maintain a drug-free workplace through irnp|ennemtation of paragraphs (a), (b), (n), (d), (y), and (f), above. AND 4. Will comply with the provisions of the Hatch Act which limit the political activities ofemployees whose principal employment activities are funded in whole or in port 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 construction subagnuernentu' 6. Will connok/ with all applicable requirements of all other federal laws, executive orders, regulations and policies governing this program. 2 of