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HomeMy WebLinkAbout2014-316 Solid Waste - NCDENR for grant for recycling compactor - Eubanks Road Convenience Center $30,000 ' —Please return this copy to the Clerk to the Board's — ' Arm office for permanent agenda file. ^"`'' W North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvada, III Governor Secretary June 18, 2014 Mr. Eric Gerringer Orange County Solid Waste Management Dept. P.O. Box 17177 Chapel Hill, NC 27516 Dear Mr. Gerringer: Enclosed is a copy of Contract No. 5924 between the North Carolina Department of Environment and Natural Resources and Orange County for Orange County 2014 Community Waste Reduction and Recycling Grant Program. Please have an authorized representative sign the enclosed document in BLUE INK (an original signatures is required)and return document to me via e-mail, for execution by the Department. Please be advised that no work can be performed under this contract until both the Grantee and Department have executed the contract. Failure to return the documents within fifteen(15) days, for execution by the Department may result in the Department's withdrawal of the offered contract. Should you have any questions, please contact me at (919) 707-8539 Sincerely, Purchasing Agent Enclosures Robert Taylor, DENR Division of Environmental Assistance and Customer Service 1605 Mail Service Center,Raleigh,North Carolina 27699-1605 Phone:919-707-85251 Internet:www.nedenr.gov An Equal Opportunity l Affirmative Action Employer—Made in part by recycled paper 1 GRANT CONTRACT NO. 5924 STATE OF NORTH CAROLINA GRANTEE'S FEDERAL COUNTY OF WAKE IDENTIFICATION NUMBER:**-***0327 This Contract is hereby made and entered into this 15t Day of July, 2014, by and between the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, (the "Agency") and ORANGE COUNTY, (the "Grantee")(referred to collectively as the"Parties"). 1. Contract Documents: This Contract consists of the Grant Contract and its attachments, all of which are identified by name as follows: (1) Grant Contract No. 5924 (2) General Terms and Conditions(Attachment A) (3) Agency's Request for Proposal(RFP)(Attachment B) (4) Grantee's Response to Agency's RFP, including line item budget and budget narrative and if applicable, indirect cost documentation(Attachment C) These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements or agreements. The Parties may enter into Contract Amendments in accordance with the General Terms and Conditions as described in Attachment A. 2. Precedence Among Contract Documents: In the event of a conflict between terms of the Contract Documents, the term in the Contract Document with the highest relative precedence prevails. The order of precedence is established by the order of documents in Paragraph 1, above,with the first-listed document having the highest precedence and the last- listed document having the lowest precedence. If there are multiple Contract Amendments,the most recent amendment has the highest precedence and the oldest amendment has the lowest precedence. 3. Contract Period: This Contract shall be effective on July 1, 2014 and shall terminate on June 30, 2015. 4. Project Period: The Grantee begins the project on July 1, 2014. The Grantee undertakes and completes the project in a sequence that assures expeditious completion in light of the purposes of this agreement. Grantee completes the project on June 30, 2015. 5. Grantee's Duties: The Grantee provides the project as described in Attachment C, Orange County 2014 Community Waste Reduction and Recycling — Compactor for Recyclables at Eubanks Road Solid Waste Convenience Center Grant Program and in accordance with the approved budget in Attachment C. 6. Agency's Duties: The Agency shall pay the Grantee in the manner and in the amounts specified in the Contract Documents. The total amount paid by the Agency to the Grantee under this Contract shall not exceed THIRTY THOUSAND DOLLARS($30,000.00) This amount consists of: Type of Funds Funding Source CFDA No. Appropriations Appropriations N/A Page 1 of 7 GRANT CONTRACT NO. 6924 Accounting Code Information: Dollars GL Company GL Account _ GL Center $30,000.00 1 1602 1536961 16760 [ ] a.There are no matching requirements from the Grantee. j [ J b.There are no matching requirements from the Grantee;however,the Grantee has committed the following match to this project: In-Kind $ Cash $ Cash and In-Kind $ Cash and/or In-Kind $ Other/Specify; $ [ X j c.The Grantees matching requirement is$23,500.00,which shall consist of: I In-Kind $ X Cash $23,500.00 Cash and In-Kind - $ Cash and/or In-Kind $ Other 1 Specify: $ [ ] d.The Grantee has committed to an additional$to complete the project as described in Attachment C. The contributions from the Grantee shall be sourced from non-federal funds. The total contract amount is$53,500.00 7. Reversion of Unexpended Funds Any unexpended grant funds shall revert to the Agency upon termination of this Contract. 8. Reporting Requirements; Any Grantee receiving at least $15,000 but less than $500,000 in stale funds from the Agency 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 Grantee fiscal officer and one other authorizing officer of the Grantee. This accounting must be filed with each funding stale agency within six months after the end of the Grantee's operating year. If the Grantee receives STATE funds of$500,000 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 Grantee receives$500,000 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 and to the Agency. 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. Page 2 of 7 GRANT CONTRACT NO. 6924 9. Payment provisions: The Agency reimburses the Grantee for actual allowable expenditures with the Agency retaining a minimum of ten percent(10%)of the Agency's funds until all required activities are completed and reports/deliverables are received and accepted by the Agency. An allowable expenditure is defined as one associated with work performed to meet the milestones that have been addressed during the specific reporting period. The Agency may withhold payment on invoices when the Grantee fails to accomplish the milestones stated in Attachment C. 10. Invoices:The Grantee submits Invoices to the Agency Contract Administrator at least quarterly. The final Invoice must be received by the Agency within 45 days after the end of the contract period. i Amended or corrected invoices must be received by the Agency's Office of the Controller within six months after the end of the contract period. The Agency viii not pay any invoice received more than six(6) months after the end of the effective period. 11. Contract Administrators: Each Party submits notices, questions and correspondence to the other Party's Contract Administrator. The name, address, telephone number, fax number, and email address of the Parties' initial Contract Administrators are set out below. Either Party may change the name,address,telephone number,fax number,or email address of its Contract Administrator or Principal Investigator or Key Personnel by giving timely written notice to the other Party. Any changes in the scope of the contract which increase or decrease the Grantee's compensation are not effective until approved In writing by the Agency's Head or Authorized Agent. Agency Contract Administrator: Robert Taylor Division of Environmental Assistance and Customer Service 1639 Mail Service Center Raleigh,NC 27699 Telephone:(919)707-8139 Email:rob.ta for n nr. ov Grantee Contract Administrator: Grantee Principal Investigator or Key Personnel Eric Gerringer,Recycling Programs Manager Eric Gerringer,Recycling Programs Manager Orange County Orange County P.O.Box 17177 P.O.Box 17177 Chapel Hill,NC 27516 Chapel Hill,NC 27516 Telephone:(919)968-2788 Telephone:(919)968-2788 Fax:(919)932-2900 Fax:(919)932-2900 Email: errin er ran ecount nc. ov I Email:egerringer0orangecountyric.go v 12. Grantee Principal Investigator or Key Personnel: The Grantee shall not substitute the Principal Investigator or key personnel assigned to the performance of this contract without prior approval by the Agency Contract Administrator. Page 3 of 7 GRANT CONTRACT NO. 5824 13. Supplantation of Expenditure of Public Funds: The Grantee assures that funds received pursuant to this Contract shall be used only to supplement,not to supplant,the total amount of federal, state and local public funds that the Grantee otherwise expends for Orange County 2014 Community Waste Reduction and Recycling services and related programs. f=unds received under this Contract shall be used to provide additional public funding for such services;the funds shall not be used to reduce the Grantee's total expenditure of other public funds for such services. 14. Disbursements: As a condition of this Contract, Grantee acknowledges and agrees to make disbursements in j accordance with the following requirements; a. Implement adequate infernal controls over disbursements; b. Pre-audit all vouchers presented for payment to determine: j • Validity and accuracy of payment • Payment due date • Adequacy of documentation supporting payment • Legality of disbursement i c. Assure adequate control of signature stamps/plates; d. Assure adequate control of negotiable Instruments;and I e. Implement procedures to insure that account balance is solvent and reconcile the account monthly. 15. Outsourcing: The Grantee certifies that it has identified to the Agency all jobs related to the Contract that have been 4 oulsourced to other countries,if any.Grantee further agrees that It will not outsource any such jobs during the term of this Contract without providing notice to the Agency and obtaining written approval from the Agency Contract Administrator prior to outsourcing. U. E-Verify: As required by G.S.§143-48.5(Session Law 2013-418),the Grantee certifies that It,and each of its subcontractors for any contract awarded as a result of this solicitation,compiles with the requirements of Article 2 of Chapter 84 of the NC General Statutes,including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. 17. Assurances For Non-Federally Funded Contracts: The GRANTEE 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,State,or local government 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,Slate,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 or default. Page 4 of 7 GRANT CONTRACT NO. 5924 2. Lobb in -To the best of his or her knowledge and belief,that: (a) No Federal,State or local government 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 Federal, State or local government agency; a member of Congress, North Carolina's General Assembly or local government body;an officer or employee of Congress, North Carolina's General Assembly or local government body, or an employee of a'member of Congress,North Carolina's General Assembly or local government body,In connection with the awarding of any Federal, Stale or local government contract, the making of any Federal, State or local government grant,the making of any Federal,State or local government loan, the entering into of any Federal, State or local government cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal,State or local government contract,grant,loan,or cooperative agreement. (b) If any funds other than Federal,State or local government 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, North Carolina's General Assembly or local government body; an officer or employee of Congress, North Carolina's General Assembly or local government body;or an employee of a member of Congress, North Carolina's General Assembly or local government body in connection with the Federal,State or local government 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. Drua-Free Work Place Reaulrements-it will comply by: (a) Publishing a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession or use of a 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 awareness program to inform employees about- (1) The dangers of drug abuse in 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 be Imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(a)above; (d) Notifying the employee in the statement required by paragraph (a), above, that, as a 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 a violation occurring in the workplace no later than five days after such conviction; (e) 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 of the following actions,within 30 days of receiving notice under subparagraph (d)(2), above with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee,up to and including termination;or Pnge 5 of 7 GRANT CONTRACT NO. 5924 (2) Requiring such employee to participate satisfactorily in a 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 a drug-free workplace through Implementation of paragraphs (a),(b),(c),(d),(e),and{f),above. 4. Will comply with the provisions of the Equal Employment Practices Act set out In Article 49A of Chapter 143 of the North Carolina General Statutes, 5. Will comply,as applicable,with the provisions of the Wage and Hour Act,Occupational Safety and Health Act of North Carolina, Controlled Substance Examination Regulation, Retaliatory Employment Discrimination, Safety and Health Programs and Committees,Workplace Violence Prevention,and other applicable provisions of Chapter 95 of the North Carolina General Statutes regarding labor standards. 6. Will comply with all applicable requirements of all other federal, state and local government laws, executive orders, regulations and policies governing this program. i i i Page 6 of 7 GRANT CONTRACT NO. 6924 18. Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement. N.C.G.S.§133-32 and Executive Order 24 prohibit the offer to,or acceptance by,any State Employee of any gift from anyone with a contract with the State,or from any person seeking to do business with the State. By execution of any response In this procurement,you(Grantee)attest,for your entire organization and its employees or agents,that you are not aware that any such gift has been offered,accepted,or promised by any employees of your organization. IN WITNESS WHEREOF,the Grantee and the Agency execute this agreement in two(2)originals,one(1)of which Is retained by the Grantee and one(1)of which are retained by the Agency,the day and year first above written. ORANGE COUNTY NORTH CAROLINA DEPARTMENT OF E AND NATURAL RESOURCES ohn Skvarta Itt Secretary f Arante'e's 8y ay Sign ure Depar# ent ea S ul orized ent Mr tr Cvr(,Q,j Ta(b o(t Michael G.Bryant. hief of Purchasin_q Typed/Printed Name Type/Printed Name and Title j�c1(1- tG/ f Financial Services Division/Purchasinu and Contracts Section Titles Division/Section ORIGINAL Pap 7of7 ATTACHMENT A ® NR - FINA�pfflNMACT No.5924 SERVICES DIVISION General Terms and Conditions Governmental Entities 701 JULi ! May 11,20111 DEFINITIONS PURCHASING AND co r r,ACT a Sf:CTION. Unless indicated otherwise from the context,the following terms from a State agency, department, or Institution but shall have the following meanings in this Contract. All definitions does not include any non-State entity subject to the are from 9 NCAC 3M.0102 unless otherwise noted. If the rule or audit and other reporting requirements of the Local statute that Is the source of the definition is changed by the Government Commission. For other purposes In this adopting authority,the change shall be incorporated herein. Contract,*Grantee"shall mean(fie entity identified as (1) 'Agency" (as used in the context of the definitions one of the parties hereto. For purposes of this below) means and includes every public office,public contract, Grantee also Includes other State agencies officer or official(State or local,elected or appointed), such as universities. Institution, board, commission, bureau, council, (11) 'Grantor" means an entity that provides resources, department,authority or other unit of government of the generally financial,to another entity in order to achieve State or of any county, unit, special district or other a specified goal or objective. political sub-agency of government. For other (12)"Non-State Entity"has the meaning in N.C.G.S. 143- purposes in Oils Contract, "Agency"means the entity 6.2(a)(1):A firm,corporation,partnership, association, identified as one of the parties hereto, county, unit of local government, public authority, or (2) "Audit'means an examination of records or financial any other person,organization,group,or governmental accounts to verify their accuracy. entity that Is not a State agency, department, or (3) 'Certification of Compliance"means a report provided Institution. j by the Agency to the Office of the Stale Auditor that (13) "Public Authority"has the meaning In N.C.G.S. 143- I states that the Grantee has met the reporting 6.2(a)(3): A municipal corporation that Is not a unit of requirements established by this Subchapter and local government or a local governmental authority, Included a statement of certification by the Agency and {ward,commission,council,or agency that(I)Is not a copies of the submitted grantee reporting package. municipal corporation and (11) operates on an area, (4) "Compliance Supplement"refers to the North Carolina regional, or multiunit basis, and the budgeting and State Compliance Supplement,maintained by the State accounting systems of which are not fully a part of the and Local Government Finance Agency within the budgeting and accounting systems of a unit of local North Carolina Department of State Treasurer that has government been developed in cooperation with agencies to assist (14) "Single Audit" means an audit that Includes an the local auditor In Identifying program compliance examination of an organization's financial statements, requirements and audit procedures for testing those internal controls,and compliance with the requirements requirements. of Federal or State awards. (5) "Contract" means a legal Instrument that Is used to (15) "Special Appropriation" means a legislative act reflect a relationship between the agency,grantee,and authorizing the expenditure of a designated amount of sub-grantee, public funds for a specific purpose. (6) "Fiscal Year"means the annual operating year of the (16) 'State Funds" means any funds appropriated by the non-State entity. North Carolina General Assembly or collected by the (7) "Financial Assistance" means assistance that non- State of North Carolina. State funds Include federal State entities receive or administer In the form of financial assistance received by the State and grants, loans, loan guarantees, property (including transferred or disbursed to non-State entities. Both donated surplus property), cooperative agreements, Federal and State funds maintain their Identity as they Interest subsidies,Insurance,food commodities,direct are sub-granted to other organizations. Pursuant to appropriations, and other assistance. Financial N.C.G.S. 143.6.2(b),the terms"State grant funds"and assistance does not Include amounts received as "State grants"do not include any payment made by the reimbursement for services rendered to individuals for Medicaid program,the Teachers'and State Employees' Medicare and Medicaid patient services. Comprehensive Major Medical Plan, or other similar (6) "Financial Statement" means a report providing medical programs. financial statistics relative to a given part of an (17)"Sub-grantee"has the meaning in G.S. 143.6.2(b): a organization's operations or status. non-State entity that receives a grant of State funds (9) 'Grant" means financial assistance provided by an from a grantee or from another sub-grantee but does agency,grantee,or sub-grantee to carry out activities not Include any non-State entity subject to the audit whereby the grantor anticipates no programmatic and other reporting requirements of the Local Involvement with the grantee or sub-grantee during the Government Commission. performance of the grant. (10) "Grantee" has the meaning in G.S. 143-6.2(b): a non-State entity that receives a grant of State funds ATTACHMENT A DENR CONTRACT No.5924 (18)"Unit of Local Government has the meaning In G.S, third person receiving services or benefits under this Contract is 143-6,2(a)(2): A municipal corporation that has the an incidental beneficiary only. power to levy taxes, including a consolidated city- county as defined by G.S. 1648-2{1),and all boards, agencies, commissions, authorities, and institutions Indemnity thereof that are not municipal corporations. Indemnification:-In the event of a claim against either party by Relationships of the Parties a third party arising out of this contract,the party whose actions gave rise to the claim is responsible for the defense of the claim Independent Contractor: The Grantee is and shall be deerned and any resulting liability,provided that a party may not waive the to be an Independent contractor in the performance of this other party's sovereign immunity or similar defenses. The parties Contract and as such shall be wholly responsible for the work to agree to consult with each other over the appropriate handling of be performed and for the supervision of its employees. The a claim and,in the event they cannot agree,to consult with the Grantee represents that p has, or shall secure at Its own Office of the Attorney General. j expense,all personnel required in performing the services under this agreement, Stich employees shall not be employees of,or default and Termination have any Individual contractual relationship with,the Agency, Termination by Mutual Consent:Either party may terminate Subcontracting: To subcontract work to be performed under this agreement upon thirty(34)days notice in writing from the (his contract which Involves the specialized skill or expertise other party. In that event, all finished or unfinished of the Grantee or his employees, the Grantee first obtains docurnenls and other materials,at the option of(he Agency, prior approval of the Agency Contract Administrator. In the shall be submitted to the Agency. If the contract Is terminated event the Grantee subcontracts for any or all of the services as provided herein,the Grantee is paid in an amount which or activities covered by this contract: (a)the Grantee is not beers the same ratio to the total compensation as the relieved of any of the duties and responsibilities provided in services actually performed bear to the total services of the this contract; (b) the subcontractor agrees to abide by the Grantee covered by this agreement; for costs of work standards contained herein or to provide such information as performed by subcontractors for the Grantee provided that i to allow the Grantee to comply with these standards,and:(c) such subcontracts have been approved as provided herein;or the subcontractor agrees to allow state and federal authorized for each full day of services performed where compensation is representatives access to any records pertinent to Its role as based on each full day of services performed,less payment of a subcontractor. compensation previously made, The Grantee repays to the j Agency any compensation(he Grantee has received which is Sub-grantees: The Grantee has the responsibility to ensure that in excess of the payment to which he is entitled herein. all sub-grantees, if any, provide all Information necessary to permit the Grantee to comply with the standards set forth in this Termination for Cause: if, through any cause, the Grantee Contract. falls to fulfill in timely and proper manner the obligations under this agreement,the Agency thereupon has the right to Assignment: The Grantee may not assign the Grantee's terminate this contract by giving written notice to the Grantee obligations or the Grantee's right to receive payment hereunder. of such termina(lon and specifying the reason thereof and the However, upon Grantee's written request approved by the effective date thereof. In that event,all finished or unfinished issuing purchasing authority,the Agency may; documents,data,studies, surveys, drawings, maps, models, (a) Forward the Grantee's payment check(s)directly to any photographs, and reports prepared by the Grantee , at the person or entity designated by live Grantee,or option of the Agency, be submitted to the Agency, and the (b) include any person or entity designated by Grantee as Grantee is entitled to receive just and equitable a joint payee on the Grantee's payment check(s). compensation for any satisfactory work completed on such documents and other materials. The Grantee Is not relieved Such approval and action does not obligate the Slate to anyone of liability to the Agency for damages sustained by the other than the Grantee and the Grantee remains responsible for Agency by virtue of any breach of this agreement, and the fulfillment of all contract obligations. Agency may withhold payment to the Grantee for the purpose of set off unfit such time as the exact amount of damages due Beneficiaries: Except as herein specifically provided otherwise, the Agency from such breach can be determined. (his Contract Insures to the benefit of and Is binding upon the parties hereto and their respective successors, It is expressly Waiver of Default: Waiver by the Agency of any default or understood and agreed that the enforcement of the terms and breach in compllance with the terms of (his Contract by the conditions of this Contract,and all rights of action relating to such Grantee is not a waiver of any subsequent default or breach and enforcement,are strictly reserved to the Agency and the named Is not a modification of the terms of this Contract unless stated to Grantee.Nothing contained in this document shall give or allow be such in writing,signed by an authorized representative of the any claim or right of action whatsoever by any other third person. Agency and the Grantee and attached to the contract. It Is the express intention of the Agency and Grantee that any ATTACHMENT A DENR CONTRACT No,6924 i Availability of Funds: The parties to this Contract agree and and records as a result of all contracts or grants entered into understand that the payment of the sums specified In this by State agencies or political subdivisions In accordance with Contract is dependent and contingent upon and subject to the General Statute 147-64.7 and Session Law 2010-194,Section appropriation,allocation,and availability of funds for this purpose 21 (i.e.,the Slate Auditors and Internal auditors may audit the to the Agency. records of the contractor during the term of the contract to verify accounts and data at feeling fees or performance).The Force Majeure: Neither party Is in default of its obligations Contractor shall retain all records for a period of three years hereunder if and it is prevented from performing such obligations following completion of the contract or until any audits begun by any act of war,hostile foreign action,nuclear explosion,riot, during this period are completed and findings resolved, strikes,civil insurrection,earthquake,hurricane,tornado,or other whichever is later. catastrophic natural event or act of God, Record Retention: The Grantee may not destroy, purge or Survival of Promises: All promises, requirements, terms, dispose of records without the express written consent of the conditions, provisions, representations, guarantees, and Agency. State basic records retention policy requires all grant warranties contained herein shall survive the contract expiration records to be retained for a minimum of five years or until all or termination date unless specifically provided otherwise herein, audit exceptions have been resolved,whichever Is longer. If the or unless superseded by applicable federal or State statutes of contract is subject to Federal policy and regulations, record limitation. retention may be longer than five years slnce.records must be retained for a period of three years following submission of the Intellectual Property Rights final Federal Financial Status Report,if applicable,or three years ' following (he submission of a revised final Federal Financial Copyrights and Ownership of Deliverables: Any and all Status Report. Also, it any litigation, claim, negotialion, audit, copyrights resulting from work under this agreement shall disallowance action,or other action involving this Contract has belong to the Grantee. The Grantee hereby grants to the started before expiration of the five-year retention period North Carolina Department of Environment and Natural described above,the records must be retained until completion of Resources a royalty-free, non-exclusive, paid-up license to the action and resolution of all issues which arise from it,or until use, publish and distribute results of work under this the end of the regular frve-year period described above, agreement for North Carolina State Government purposes whichever is later. only. Time Records: The Grantee will maintain records of the time Compliance with Applicable Laws and effort of each employee receiving compensation from this contract,in accordance with the appropriate OMB circular, Compliance with Laws: The Grantee understands and agrees that is subject to compliance with all faws, ordinances, codes, Miscellaneous rules,regulations,and licensing requirements that are applicable to the conduct of its business, Including those of federal,state, Choice of Law: The valklity of this Contract and any of its terms and local agencies having jurisdiction andfor authority. or provisions,as well as the rights and duties of the parties to this Contract, are governed by the laws of North Carolina. The Equal Employment Opportunity: The Grantee understands Grantee,by signing this Contract,agrees and submits,solely for and agrees that it Is subject to compliance with all federal and matters concerning this Contract,to the exclusive jurisdiction of State laws relating to equal employment opportunity. the courts of North Carolina and agrees,solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this Contract and all Confidentiality transactions and agreements relating to It, and their sltus and forum,shall be Wake County,North Carolina,where all matters, Confidentiality: As authorized by law, the Grantee keeps whether sounding in contract or tort, relating to the validity, confidential any Information, data, instruments, documents, construction, interpretation, and enforcement shall be studies or reports given to or prepared or assembled by the determined. Grantee under this agreement and does not divulge or make them available to any Individual or organization without the prior Amendment: This Contract may not be amended orally or by written approval of the Agency.The Grantee acknowledges that performance. Any amendment must be made In written form and in receiving, storing, processing or otherwise dealing with any executed by duly authorized representatives of the Agency and confidential information it will safeguard and not further disclose the Grantee, the information except as otherwise provided in this Contract or without the prior written approval of the Agency. Severability: in the event that a court of competent jurisdiction holds that a provision or requirement of this Contract violates any Oversight applicable law,each such provision or requirement shall continue to be enforced to the extent it Is not in violation of law or is not Access to Persons and Records: The Stale Auditor and the otherwise unenforceable and all other provisions and using agency's internal auditors shall have access to persons requirements of this Contract shall remain In full force and effect. ATTACHMENTA DENR CONTRACT No.5924 profits or non-appropriated funds on or after December 22, Readings: The Section and Paragraph headings in these 1989; and (c) will file quarterly updates about (lie use of General Terms and Conditions are not material parts of the lobbyists If material changes occur in their use. agreement and should not be used to construe the meaning thereof. By Executive Order 24,issued by Governor Perdue,and N.C, G.S.§133.32: It Is unlawful for any vendor or contractor(i.e. Time of the Essence:Time Is of the essence in the performance architect, bidder, contractor, construction manager, design of this Contract. professional, engineer, landlord, offeror, seller, subcontractor, supplier,or vendor),to make gifts or to give favors to any State Care of Property: The Grantee agrees that It is responsible employee of the Governor's Cabinet Agencies (i.e., for the proper custody and care of any State awned property Administration,Commerce,Correction,Crime Control and Public furnished him for use in connection with [lie performance of Safety,Cultural Resources,Environment and Natural Resources, his contract and will reimburse the State for its loss or Health and Human Services, Juvenile Justice and Delinquency damage. Prevention, Revenue, Transportation, and the Office of the j Governor). This prohibition covers those vendors and Ownership of equipment purchased under this contract rests contractors who: l with the Agency. Upon approval of the Agency Contract Administrator, such equipment may be retained by the (1) have a contract with a governmental agency;or Grantee for the time the Grantee continues to provide l services begun under this contract. (2) have performed under such a contract within the past year;or Travel Expenses:All travel,lodging,and subsistence costs are included in the contract total and no additional payments will be (3) anticipates bidding art such a contract in the future, made in excess of the contract amount Indicated In above. Contractor must adhere to the travel, lodging and subsistence For additional Information regarding the specific requirements and rates established in the Budget Manual for the State of North exemptions, vendors and contractors are encouraged to review Carolina. Executive Order 24 and G.S.Sec.133.32. SateslUse Tax Refunds: If eligible, the Grantee and all sub Executive Order 24 also encouraged and invited other State r grantees shall: (a) ask the North Carolina Department of Agencies to Implement the requirements and prohibitions of the Revenue for a refund of all sales and use taxes paid by them In Executive Order to their agencies. Vendors and contractors the performance of this Contract, pursuant to G.S. 105-164.14; should contact other State Agencies to determine if those and (b) exclude all refundable sales and use taxes from all agencies have adopted Executive Order 24." reportable expenditures before the expenses are entered In their reimbursement reports. Advertising: The Grantee may not use the award of this Contract as a part of any news release or commercial advertising. Recycled Paper. The Grantee ensures that all publications produced as a result of this contract are printed double-sided on recycled paper, Sovereign Immunity: The Agency does not waive its sovereign immunity by entering into this contract and fully retains all immunities and defenses provided by law Milli respect to any action based on this contract. Gratuities, Kickbacks or Contingency Fee(s): The parties certify and warrant that no gratuities, kickbacks or contingency feels)are paid In connection with this contract,nor are any fees, commissions,gifts or other considerations made contingent upon the award of this contract, Lobbying; 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 the Grantee or Its sub-tier contractor(s) or sub-granlee(s) will pay with ATTACHMENT DENR CONTRACT No.5924 2014 Community Waste Reduction and Recycling Grants REQUEST FOR PROPOSALS N.C.Department of Environment and Natural Resources Division of Environmental Assistance and Customer Service The purpose of this grant program is to assist local governments in expanding,improving and implementing waste reduction and recycling programs in North Carolina. The Division of Environmental Assistance and Customer Service(DEACS)administers the Community Waste Reduction and Recycling Grant program through the Solid Waste Management.Outreach Program. With the release of this Request for Proposals(RFP),DEACS is seeking proposals for the finding of equipment and key components that help initiate or expand public waste reduction programs within the state. Applicants should carefully read this entire RFP prior to submitting a proposal. Proposals must be received by DEACS by 5:00 pan.on Friday,February 21,2014. Please address any questions to Rob Taylor at(919)707-8139,rob.taylor rr nedenr.goy. Commnnunit1,Waste Reduction and Recycling Grant Progn•ann Parameters sad Ideas: The 2014 Community Waste Reduction and Recycling Grant.Program seeks to find projects that help communities build lasting capacity to divert materials from the waste stream and/or increase public awareness of waste reduction and recycling. There are two categories of Community Waste Reduction and Recycling Grants:Standard Project Grants and Special Large Project Grants. Different levels of { grant funding are available for Standard Project Grants and Special Large Project Grants. See the section of this document on Available Funding for more information. Standard Protect Grants: Standard Project Grants support a wide range of projects that increase and/or enhance public waste reduction and recycling. Any projects that address the following are strongly encouraged: • Projects that demonstrate a potential to significantly increase a community's overall diversion of materials from the solid waste stream; • Projects that improve recycling program efficiency and or cost effectiveness while increasing waste reduction; • Projects that increase the diversion of materials that are banned from disposal in North Carol ina; * Projects that convert drop-off recycling systems from collecting source separated materials to collecting commingled(single-stream)nnateriais and/or projects that include the installation of compacting roll-off systems at staffed recycling drop-off sites; Projects that create away-from-home recycling opportunities such as pedestrian recycling or recycling at public facilities like parks or public venues(see additional provisions for away-from- home recycling projects in Special Requirements section below); • Projects that implement or expand recycling service to underserved sectors such as multifamily housing units or businesses; • Projects that implement or expand asphalt shingle recycling programs;and/or • Projects that implement or expand food waste recycling programs. Projects in(lie above list that are indicated by this symbol(*)will be eligible for boats points as outlined in the scoring criteria section. Please contact Rob Taylor at(919)707-8139 for more information or to discuss your project ideas. Sneeial Large Project Grants: DEACS is seeking a limited number of applications for Special Large Project Grants, Special Large Project Grants are intended to support public investment in recycling projects that will have a substantial I ATTACHMENT B DENR CONTRACT No.5924 impact on public waste diversion activities by expanding access to single stream recycling or by developing public recycling programs to collect food waste. Special Large Project Option 1:Hub and Spolce Recycling Systems: DEACS is offering Special Large Project Grant finds to help local governments implement Flub and Spoke Recycling Systems that consolidate commingled recyclable materials for bulk transfer to a Materials Recovery Facility(MRF). Hub and Spoke Recycling Systems seeking Special Large Project finding must offer service to two or More local government recycling programs. Special Large Project Funds for Hub and Spoke Recycling Systems can only be used to invest in equipment and infrastructure associated with the creation of a regional consolidation point. Only projects that create infrastructure for consolidating commingled 1 recyclables for shipment to a Materials Recovery Facility(MRF)for processing are eligible for I•lub and Spoke Special Large Project Funding. The following stipulations apply for any project to be eligible for i this finding: i • The recycling system created must serve more than one local government recycling program;and • The applicant(s)for Special Large Project flknding Must have Communicated with a member of DEACS's Local Government Assistance Team to discuss project parameters prior to submitting a grant proposal. I Flub and Spoke Recycling Systems improve recycling progranr performance and efficiency by creating ! access to processing services and by allowing public recycling programs that are not close to a MRF to exercise economies of scale for handling and transporting commingled(single-stream)recyclables. Consolidation of recyclables for shipment to a processing facility through a Hub and Spoke System that serves multiple public recycling programs should decrease collection and transportation costs and will also enable regional consistency among recycling programs, j Special Large Project Option 2: Food Waste Recycling Programs: DEACS is offering Special Large Project Grants to help local governments implement or expand recycling programs to collect and manage food waste. Special Large Project Funds for Food Waste Recycling Programs can only be used for programs collecting or accepting residential and/or commercial food waste. Other materials may be co-collected with food waste(i.e.yard waste/vegetative debris),but the primary purpose of the program must be to collect food waste from residences or businesses for the purpose of diverting it from landfill disposal and delivering it to a system for composting or anaerobic digestion.Grant funds may not be used for contracted collection costs. If a project to collect and manage food waste involves a partnership and/or contractual relationship between a local government and a private service provider,(lie private service provider may also be eligible to receive state grant support from the Recycling Business Development Grant(RBDG)Program. For more information on grant support for recycling businesses,please contact Wendy Worley at 919-707-8136 or email wendy%vorlcy rr.ncdcnr.gv. Note that the RBDG Program has an application deadline of January 16,2014, Available Fundhne and Cash Match Requirement: Grant Award Amounts: • Standard Project:Applicants are eligible for a Standard Project grant award of up to$30,000. • Special Large Project; • Applicants for Hub and Spoke Special Large Project grants are eligible for tip to $100,000 in state finding. • Applicants for rood Waste Recycling Special Large Project grants are eligible for up to$50,000 in state funding, 2 ATTACHMENT 8 DENR CONTRACT No.5824 Required Cash Match;Grant winners must provide a cash match equal to or exceeding 20 percent of the requested grant funding. For example,a grantee under this program requesting$20,000 in grant funding from DEALS must show a minitnum expenditure of$4,000 of local funds on tile project. To meet the cash match require€neat,a►ninimuin of one(1)local dollar must be spent for every five(5) dollars of grant funding awarded, Calculating Cash Match: To determine the necessary cash match for any grant project,first determine the total project budget then use the following equation: required cash match=total project budget+G. The dil1erence between the total project budget and the required cash match equals the maximum possible j grant award. i Distributions from the$2 per ton solid waste disposal tax inay be used to cover cash match requirements. In-kind contributions will not be accepted in lieu of cash match. The annual Community Waste Reduction and Recycling Grant cycle typically receives funding requests that exceed available finds. However,it is a priority for DEACS to support as many projects as possible. After close examination of the requested funding and subject to agreement with the applicant,DEACS may award grant amounts lower than the original request. For any amount awarded,grantees must still provide the required cash match. I Grant Pi•oiect Planning: It is anticipated that the 2014 Grant Round will be highly competitive,and for this reason it is important that your project be well thought out anti well planned,and that you follow the instructions in this RFP and provide all information as outlined in the section addressing Required Proposal Formal. Proposals that seek grant Rinds lot-the replacement of existing equipment will be scored substantially lower than j projects that implement new recycling services or projects that expand existing recycling services. Examples of Approved Uses of Recycling Grant Funds include site development costs,construction of facilities to handle recyclable materials,equipment purchases or installations,public awareness programs and materials that support public education such as signs or brochures. Examples of Activities for which Recycling Grant Funds MAY NOT be used include employee salaries,land acquisition costs,administrative expenses such as overhead costs,studies or work performed by consultants,contracted collection costs or payment for recycling set-vices such as household hazardous waste events. Please consider contacting a DEACS staff member on the Local Government Assistance'ream to discuss your grant project prior to submitting your•proposal. Local Government Team members are available to provide technical assistance and advice on grant projects. A listing of team member contact information and areas of individual expertise is available on this web site: hitp;//poilal,iiedem•.orghyeb/deao/recyci ing/localgov. Eligible Entities: • Counties,municipalities,councils of governments and solid waste authorities in North Carolina are eligible to apply for funding from the Community Waste Reduction and Recycling Grant Program. • Federal and state agencies are not eligible for funding through this grant program. • Public universities,community colleges and private colleges and universities are not eligible for funding through this grant prograin. continued next page 3 . . . ... . . . . . . . . . . . .. . . . . . . . . . . . ......... .. ..... ATTACHMENT 8 DENR CONTRACT No.5824 • Not-for-profit entities are not eligible for funding through this grant program,however,these entities are eligible for tlmding through the Recycling Business Development Grant Round. For more information about tine Recycling Business Development Grant round,please contact Wendy Worley at(919)707-8136 or ivendy.woricy y mdennov. • Public school systems and individual public schools are not eligible to apply directly for funding through this grant program. Flowever,local governments(counties or municipalities)may apply for funding to support public school recycling projects. Additional requirements apply for projects seeking grant support for public school recycling projects-see Special Requirements section below. Conditions on Submittals: • ONLY ONE PROPOSAL PER ELIGIBLE ENTITY WILL BE ACCEPTED. • Multi-party initiatives(such as joint projects by two or more local governments where each local j government contributes towards project funding)are strongly encouraged. • Any group participating in a regional or multi-party project proposal may not submit additional proposals. • Applicants with delinquencies on existing DEACS grants(e.g.,extended projects from grant cycles prior to 20-13 that are still under contract)will not be considered for funding. • All applicants selected for funding will undergo a compliance review to ensure that they do not have any outstanding notices of violation related to North Carolina solid waste statutes and rules. Outstanding Notice of Violations(NOVs)must be corrected to the satisfrtetion of the N.C. Division of Waste Management(DVArivi)prior to any grant being awarded. Applicants with outstanding NOVs are responsible for providing DEACS with information from DWM indicating i that the community is in compliance and that the NOVs have been corrected before a grant contract can be initiated. • As a condition of grant award DEACS may wort:with applicants to revise initially submitted j proposals before entering into a grant contract. All initial proposals must be received by the due date. Changes to proposals may include adjustments to project scope,project budget,project time line and/or other elements of the proposal. Any changes to initial proposals must approved by DEACS and the applicant and the resultant Final CWRAR Proposal will become an attachment to the grant contract. General Requirements: General requirements for all applicants: • Certification regarding usage of NC Solid Waste Disposal Tax proceeds: Disposal tax proceeds are distributed to eligible local governments on a quarterly basis by the Department of Revenue. According to GS 150-187.63 these funds must be used by a city or county solely for solid waste management programs and services. Any applicant applying for a Community Waste Reduction and Recycling Grant mast certify in writing that all disposal tax proceeds are used only for the purpose of providing solid waste and recycling services. M addition to this written certification, applicants must describe how disposal tax funds are utilized. • Community Waste Reduction and Recycling Grants will not be awarded to applicants that do not have recycling services available at their government buildings. As part of the grant proposal all applicants must indicate that employees in the key government buildings operated by the applicant have reasonable access to recycling services and are able and encouraged to recycle materials generated in the course of business. Also,please provide a list of(lie materials collected for recycling at these facilities. Special Requirements: Grant Projeets that seek funding for public school recycling,away-from-home recycling or electronics MUST address tine following Special Requirements in their submitted proposal. 4 ATTACHMENT B DENR CONTRACT No.5924 j i i • Special Requirements for applicants seeking funding for public school,recycling projects:As stated earlier,counties,municipalities,councils of governments and solid waste authorities in North Carolina are eligible to apply for funding. Proposals seeking funding for public school recycling projects must come from one of these entities. Public school systems and or individual schools may not apply directly. Applicants seeking funding for public school recycling projects mast answer the following supplemental questions. The purpose of these supplemental questions is to ensure that all necessary program elements are addressed,and to help demonstrate project planning. This is a competitive grant program and projects that institute or expand a school- system wide recycling program will compete better than projects that only serve individual schools. Eligible grants include applying for equipment(such as bins and roll carts)and education materials. As with other CWRAR projects,administrative expenses(staff salaries and contract collection costs)are not eligible for grant funding nor can they be used as matching funds. Please contact Rachel Eckert at 919-707-8132 rachel.eckert n.ncdenr.gov)or I•Ieather Cashwell at 919-707-8127(heather.cashwell a ncdc nr.gov)for more information. School Recycling Supplemental Questions: o Provide a description of any existing school recycling program(s). o Indicate whether collection of recyclables be provided by the local government or through a contracted collection service provider. j o Provide a list of the recyclables accepted by the program,and indicate how the materials are collected(single stream,dual stream,source separated)? I o Where are the recyclables going after collection(who is your market)? I o Where will recycling containers be placed:in classrooms,in cafeterias,hallways,on athletic fields,offices,library,copy room? o Who will be responsible for emptying containers(cleaning staff,teachers,students, student groups,etc.)? o A recycling contact must be established at each school that is recycling as a result of this grant. Please provide a list of schools,contact person,and title. Designated contacts could be the facilities manager,head custodian,faculty coordinator of a leadership group, the principle,or an administrator. o Describe your plan for promoting recycling and educating staff and students about the Program. • Special Requirements for applicants seeking funding for away-from-bonne recycling projects: Grant funds can only be used for recycling related purchases and cannot be used to pay for the purchase of away from home receptacles for the collection of waste(garbage). If a proposal includes the purchase of away from home receptacles that collect waste and recyclables then the standard matching find requirement will be adjusted so that the applicant(grantee)covers the full cost of the waste portion of the container with their matching funds. For example,if a community seeks to purchase a combo waste!recycling station that has one slot for garbage and one for recyclables and if the receptacle costs$1,000 then the applicant will be expected to provide a match equal to one half of the purchase price or$500. If you are seeking funding for an away-from-home recycling project please indicate in the Special Requirements section of your proposal whether any of the equipment to be purchased will be used to collect waste materials that are intended to be disposed of in a landfill. • Special Requirements for applicants seeking funding for electronics recycling projects:Any government that has previously been eligible to receive funds distributed from the State's Electronics Management Program WILL NOT be eligible to receive a Community Waste Reduction and Recycling Grant for an electronics recycling related project. Any community seeking grant funds related to electronics recycling must include information in its proposal on 5 ATTACHMENT DENR CONTRACT No.5924 whether the local government has ever received funds distributed from the State's Electronics Management Program. For more information on eligibility for Electronics Management Program Funds see this web site:hut)://portalmcdenr.or,web/xvnt/sNv/electronics/locaigov. Successful applicants seeking grant funds to support electronics recycling projects will be required to become eligible for Electronics Management Program funding on or before December 31,2014 as a precondition of receipt of Community Waste Reduction and Recycling Grant finds. Funding Period: Grantees must expend funds within one year of contract execution unless the grant contract term is extended by written agreement between the applicant and the N.C. Department of Environment and Natural Resources. Extensions are possible but not guaranteed. It is anticipated that grant contracts resulting from this grant cycle will begin July 1,2014 and end June 30,2015. Any funds expended prior to the start of the contract will not be reimbursed. i Due Date: Proposals MUST be received by DEACS by 5:00 pan.on Friday.February 21,2014. Any proposals received after the deadline will not be considered. Applicants must submit an electronic cony of their proposal by the submittal deadline,preferably in Microsoft Word format. For details on what must be included in the proposal,see the section of this document titled"Required Proposal Format." Receipt of all proposals will be acknowledged by a-mail or other correspondence. Local governments requiring board approval to apply for grant finds should plan to procure that approval before the submittal deadline. How to Submit Proposals: One electronic copy of the proposal must be submitted. Receipt of all acceptable proposals will be acknowledged by e-mail. Submit electronic documents to robdayloigyNicdcongov. Please submit electronic versions as Microsoft Word(preferred)or Adobe(PDF)attachments. If submittal of an electronic version of your proposal presents a hardship,please contact Rob Taylor to discuss submittal options. Proposals must be received by 5:00 p.m.on Friday,February 21,2014. Proposais not received by 5:00 p.m.on Friday,February 21,2011 will not be accepted. Required Proposal Format: The following list describes what applicants must include in their proposal for their application to be considered complete. Proposals that fail to provide all of the required information will be deemed inadequate and not considered for funding. • Project Title • Applicant Contact Information:to include the following: ✓ Name and title of main contact ✓ Organization ✓ Address ✓ Phone number ✓ Fax number ✓ E-mail address ✓ Local Government Federal Tax ID number 6 ATTACHMENT 8 DENR CONTRACT No.5924 • Date ofProlaosal Submittal:this must be the date of submission of proposal to DEACS • General Regttirernents:(see section on General Requirements for more information) ✓ Written statement certifying that NC Solid Waste Disposal Tax Proceeds are used only for solid waste management purposes and a description of holy proceeds are used. ✓ Written statement indicating that Ilie applicant has recycling services available at the key government buildings and a list of materials collected. • Project Description:Detailed Description of proposed Grant Project. Please include the following information in your project description: ✓ Description and quantities of items to be purchased with grant funds; ✓ Description of the anticipated life of service for the items or materials to be purchased with grant funds(estimate how long the project will continue to serve the community); ✓ Estimate the number of households or businesses that will be impacted by or have access to the recycling services associated with the proposed project; ✓ An estivate of the waste reduction impact of the proposed project;and ✓ A description of whether the grant project will create a new service,enhance or expand an existing service,or support an existing recycling service without expanding that service. • Special Requirements: Proposals for school recycling,electronics recycling or away from home/ pedestrian recycling must include additional information as stipulated III the Special Requirements section. See Special Requirements on pages 4 and 5 for more information. • Project Timeline: Bulleted list showing project milestones and general implementation dates. Timeline must begin on or after July 1,2014 and project must be complete by June 30,20I5. • Project Budget:to include the following: ✓ Itemized list of intended expenditures and estimated costs; ✓ Amount of finds requested from the state and amount oftnatching funds to be provided by the applicant(see Cash Match Requirements); ✓ Please submit your budget in a table following the example below: State Grant Applicant Cash Sample Project Budget* Award Match Project Total Recycling Carts for County Office Buildings(50 units @$45 each) $1,875 $375 $2,250 Labels for Carts and Signs for Recycling Stations $343 $69 $412 Program Brochures(Design and Printing) $161 $32 $193 Total $2,379 $476 $2,855 *Note about Project Budgets:state and local sales taxes are not reimbursable expenditures and should not be included as part of grant budgets. Grant Selection Process: Through a blind vote process,a selection committee will use the pre-established criteria below to rank proposals and make award decisions.The review process is expected to be completed and preliminary award announcements made in April,2014. Applicants are encouraged to consider the award criteria as they develop their grant proposals. A total of 36 points is available. Award Criteria: I. innovation/Creativity(0-I5 points); is the project innovative?Does the project set a strong example for other communities to replicate? 7 ATTACHMENT 8 DENR CONTRACT No.5924 2. Planning(0-20 points):Did the Project Description include all necessary elements? Is tine proposal well thought-out,well-researched and backed by valid facts and assumptions?Will the proposal have a significant impact for its category? 3. Sustainability/Commitment(0-10 points):Will the project be ongoing and sustained in subsequent annual budgets?Does it have the support of the governing body? 4. Impact oil the Waste Stream(0-15 points):Will the project contribute substantially toward reduction of the local waste stream or will it substantially increase access to recycling services? i S. Efficiency(0-10 points):Will the prgject improve the efficiency or cost-effectiveness of the local waste reduction program? 6. Joint Effort(0 or 6 points): Individual party proposals receive zero points;multi-party proposals (involving cash match from all participants)receive six points. 7. Preferred Sector or Conunodity*(0-10 points):To what extent does the project serve a one of the targeted sectors or materials eligible for bonus points as described in the Standard Projects Grants section on page I? i If Your Proposal is Selected for Funding: DEALS anticipates that applicants selected for funding will be notified by the end of April 2014. DEACS will notify the applicant with a formal offer by e-snail. The applicant must accept or decline the offer. The following will occur once the offer is accepted: • DEACS will conduct a compliance review with the Division of Waste Management(this may occur before offer is accepted). • When DEACS requires revisions to the initially subiitted proposals as a condition of grant award,DEACS and the applicant must both agree on the revisions to the proposal and the applicant must approve any changes and accept the offered grant in writing. The Final Proposal will become an attactnnent to the grant contract. Applicants who fail meet this requirement will not be awarded funding. • Successful applicants will be required to register with the state's e-procurement system using the same address provided in the applicant's proposal. To register in the state's e-procurement system please visit the following link:htlp:/c rnrocurement.nc.gov/. • DEACS will submit a request through the DENR contract processing system for a grant contract. NOTE:Successful applicants that make purchases before a grant contract is signed by both DENR and the grant recipient will not be reinrburserl. Other General Ternrs nud Conditions: All grantees are subject to the following terms and conditions. Most of these ternns and conditions will be outlined in the grant contract. • Publications—all documents and publications associated with a grant contract should be printed on recycled paper containing at least 30 percent post-constnnner content. • Cash match—grantees are required to provide cash match of at least of 20 percent of the grant award. • Final reports—a draft final report is required to be submitted to DEACS at least 30 days prior to the contract end date and a final report is required to be submitted by the contract end elate. Final reports and drafts should be submitted electronically. All applicants are strongly encouraged to visit the following web site to review the final reporting format: http://rnorla t.nccteror.orsfwebldeaalrecyciingL��jjlinancial-assistance. A link to the final report format can be found on the above web page. If you do not have internet access,please contact Rob Taylor at(919)707-8139 to receive a copy of the final Report Guidelines. 8 ATTACHMENT B DENR CONTRACT No.5924 • Extensions—no-cost time extensions are possible but not guaranteed for grant contracts. Grantees seeking no-cost time extensions should submit a request for a time extension at least sixty(60)days prior to the contract end date. The request for extension must indicate how long, the grantee is seeking to extend the project and the reason that the extension is being requested (i.e.,why the project cannot be completed on-time).Any request for an extension must include a r new timeline with revised project milestones as well as a new budget(if budget changes are also being requested). DEACS reserves the right to decline any request for extension that is not s initiated at least sixty(60)days prior to the contract end date. • Rebnbui•sement—distribution of DEACS grant funds is on a reimbursement basis. Requests for reimbursement can only be made after the grantee has spent finds on the grant project. Reimbursement requests must be submitted on letterhead,must include copies of invoices,and must include proof that the grantee has made payment. Proof of payment may include copies of ; canceled checks or otlier financial reports showitzg that funds were spent. State and local sales taxes are not reimbursable,may not be counted towards expenditure requirements,and should be excluded from reimbursement requests. • Final 10 Percent of Funds—DEACS will continue to reimburse grantees until 90 percent of the award amount has been expended. The final 10 percent of grant funds will be held until an 1 acceptable final repoil has been received by DEACS. The final report must be received and approved prior to the end date of the contract. All final requests for reimbursement must be received within 45 days of the contract end-date or all remaining grant Hinds will be forfeit. ; A Final Word on Grant Writing: Proposals often receive low scores because applicants fail to follow instructions,leading to uncertainty about the project goals and intended results. The clearer the details are,the fewer questions a reviewer will have about the validity/feasibility of a proposal. Applicants also stand a better chance of success if they include all of the required components of a proposal and if they follow the Required Proposal Format. Applicants with questions are encouraged to contact DEACS for more information. 9 NCDENR Orange County Solid Waste Management P.O.Box 17177 Chapel Hill,NC 27516-7177 (919)968.2885 FAX(919)932-2900 www.co.orange.nc.usirecyding ' tit£ } i Orange County Landfill 932-2989 Orange Community Recycling 968-2788 1k. 2014 Community Waste Reduction and Recycling Grant Project Title:Compactor for Recyclables at Eubanks Road Solid Waste Convenience Center Primary Contacts: Orange County Solid Waste Management Department PO Box 1717 Chapel Hill NC 27516 (919)968-2788 (919)932-2900 I i Eric Gerringer, Recycling Programs Manager j egerringer @orangecountync.goy Blair Pollock,Solid Waste Planner bpollock @orangecountync.gov i Local Government Federal Tax ID number: i f Submitted: February 20,2014 General Requirements: Orange County certifies that the revenues received by the County from the NC Solid Waste Disposal tax are used exclusively for solid waste management purposes. Upon receipt,the revenue is deposited Into the Solid Waste Management Department's enterprise fund which is separate and distinct from the County's general fund. In general,the disposal tax revenues support all of departmental operations which are solely devoted to managing solid waste and recyclable material collected and managed by the County. Last fiscal year that amount was $35,769. Orange County Solid Waste Management operates recycling services at all local government building and parks in Orange County as well as the Towns of Carrboro,Chapel Hill and Hillsborough. The County also collects recyclables from Orange Water and Sewer Authority (OWASA),a local,publicly-owned water and wastewater utility,as well as various other public locations such as the Town of Chapel Hill's Park and Ride jots. Collection from these sites is typically bl-weekly and typically includes single stream(bottles,cans, paper); plastic cups and tubs#2,IN and#5;and corrugated cardboard. Orange County 2014 CWRAR Proposal Page 1 ...................... Project Description: Orange County Is In the process of updating the convenience centers located within the County. The first center to be upgraded was the Walnut Grove Church Road facility. The County is now ready to upgrade our second site located off of Eubanks Road. The success of the program and operation at the Walnut Grove facility has helped to guide our design intent for Eubanks Road. One of the big successes at the Walnut Grove site Is the use of compactors that have led to significant efficiency Improvements. If approved,Orange County intends to use the grant funds to purchase and Install two recycling compactors at the planned expansion of the Eubanks Road facility. The compactors will be similar to the units in use at Walnut Grove and are intended to be 3 horsepower compactors each fitted with a forty yard container that will be used for collection and hauling of single stream recyclables and cardboard. As of the date of the application,the single stream materials are projected to Include all clean dry paper,cans,and bottles. The County will continue to collect corrugated cardboard separately. The site will also collect plastic cups,buckets and tubs n2,04 and#5 In a separate container. Other materials may be Included as markets permit. The compactors are anticipated to have a service life greater than ten years. The equipment will be maintained regularly by County personnel In order to maximize the longevity of the compactors which are an Integral part of the County's solid waste and recycling management plan for the convenience centers. It Is anticipated that the convenience centers will be part of its solid waste management system for the foreseeable future as they have been since establishment in 1993. The Convenience Center system,five manned and five unmanned centers,Is available to all residents of Orange County to use,including the Eubanks Road facility.There are approximately 58,000 residential units of all types and a total County population of 139,000. Last fiscal year, the Eubanks Road center had over 153,000 visits as logged by site attendants;the highest number of any of the five manned County Convenience Centers. An estimated 75%of the trips involved dropping off some form of recyclable material(the bulk of the remainder were observed using the salvage shed to drop off or pick up). If once a week were the average user frequency,it is estimated that over 2,200 unique users may be affected by the presence of the compactors. Two observed advantages of the compactors compared to the current non-compacting roll-off containers are that the hopper on each of the compactors is at a lower loading height than the current roll-off and front load container openings and the level,solid ground created by the concrete pad and pavement which enables the users to not have to walk on uneven,poorly drained gravel surfaces to deposit their recyclables. As part of an overall scheme to Increase program efficiency and increase waste reduction,the compactors should free up time and revenue for the existing recycling staff to allocate to additional recycling program goals. It is also anticipated that there will be a savings on fuel, maintenance and personnel costs that can also be used to expand recycling efforts elsewhere. Orange County 20 14 CWRAR Proposal Page 2 . .... .. .... ... .......... i The calculations below illustrate estimated savings that are projected annually from the Walnut Grove Church Road convenience center compactors based on the first approximate ten months of operation. These calculations can help to justify the purchase of new compactors based on the experience compactors have provided in improved efficiency and effectiveness. i At Walnut Grove Church Road Convenience Center,the corrugated cardboard was previously collected in ten eight-cubic yard containers three times a week. This equates to 240 cubic yards a week hauled an average distance of 23 miles to market. Under the use of the new { compactor,that same load is hauled once a week in a container that has been loaded using a i { compactor. The compactor saves 2,400 road miles a year or an estimated 600 gallons of diesel fuel assuming an optimistic 4 mpg for hook lift trucks. At an average trip time of about 30 minutes one way,plus dumping time of ten minutes, the hauling time savings are i approximately 121 hours per year(or approximately 6%of one employees annual time)that j could be used on other tasks. Payloads in previously used un-compacted single stream roll-off containers averaged about 1.9 tons and containers from the single stream compactor at the Walnut Grove site haul an average I of 6.5 tons now.Hauling savings from this remote site are significant at 36 miles per round trip. The single stream containers are pulled approximately two times a week. Doing the calculation for saved miles and converting to gallons of diesel saved results In an estimated annual savings of approximately 2,340 gallons. i Estimated hauling savings from the nearby Eubanks Road site,where compactors are in close proximity to the county recycling processing area,is about 300 miles a year(151 trips saved based on current data for compactor and roll-off tonnages for single stream loads and a total single stream tonnage from last year at Eubanks site of 405 tons). There would be an annual estimated savings of 65 gallons of diesel fuel or$255 at a current price for diesel fuel of$3.92. There is also an unquantiflable savings In safety improvement due to a reduction of 151 trips by a large truck at a crowded and active site. Labor savings were estimated using 10 minutes total per trip,including dumping time, resulting in 26 hours of hauling time that can be used for other recycling efforts. As discussed above,the new compactors will enhance an already existing service;however,as illustrated by recycling compactors installed at another convenience center, these new compactors for the Eubanks Road convenience center will increase program efficiency,save personnel time as well as costs relating to hauling,fueling and vehicle maintenance,and improve the safety of recycling customers. Location: 1514 Eubanks Road Chapel Hill, NC 27516 Orange County 2014 CWRAR Proposal Page 3 Project Timeline: • June 1,2015:Complete installation of recycling compactors and initiate service using new equipment • June 30,2015:Complete and submit Final Report Project Budge State Grant Applicant Cash Project Budget Award Match Project Total Two(2)Three-Ton Hydraulic Compactor Painted Blue $18,500 $14,500 $33,000 Two(2)40-yard Compactor Receiver Containers,Octagon type $9,000 $7,000 $16,000 Electrical connection costs $2,500 $2,000 $4,500 Total $30,000 $23,500 $53,500 Orange County 2014 CVVRAR Proposal Page 4 Order NC10157817 https:/Ibuyer.negov.com/Buyer/render/IBLCZK9KF9WZP /VCE-Procurement 67 yottr serylre Purchase Order No. NC10157817 Title: DEACS - G5924 - Orange County 2014 CWRAR Grant (BPA Approval 4129114) Issued on.Fri, 11 Jul,2014 Created on Fri, 11 Jul, 2014 by Ariba System State Agency Tax Exempt Number:400027 Supplier: Orange County Solid Waste Mgmt PO Box 17177, 1099 Martin L. King Jr. Blvd Chapel Hill, NC 27516 United States Phone: 1919-968-2788 Fax: 19199322900 Contact: REBECCA HOLDWAY i Ship To: Bill To: 741 16PT DENR ENVIRONMENTAL ASSISTANCE AND NC DENR OFFICE OF THE CONTROLLER OUTREACH ATTN:ACCOUNTS PAYABLE ATTN: EULA ALEXANDER, 1304C 1606 MAIL SERVICE CENTER 217 W JONES ST, 1 ST FLOOR RALEIGH, NC 27699-1606 RALEIGH, NC 27603 United States United States Phone: 1919-707-8568 Phone: 1919-707-8117 Fax: 1919-707-8117 Deliver To: Entity Description: Department of Environmental And Eula Alexander Natural Resources Item Description Part Unit Qty Need Unit Tax Amount Extended Amount(includes tax) Number By Price 1 DEACS— dollar 30,000 None $1.00 $0.00 USD $30,000.00 USD G5924- USD Orange County 2014 CWRAR... DEACS—G5924-Orange County 2014 CWRAR Grant Program Orange County will purchase and Install two compactor systems to improve recycling program efficiency at one solid waste convenience center. Contract Period: 7/1/14-6/30/15 Cont ract Administrator: Robert Taylor 1 of 2 7/11/2014 3:54 PM Order NC 10157817 https://buyer.ncgov.coin/Buyer/render/1BLCZK9KF9WZP Telephone#: (919)707-8139 Contract Name: Contract Type: No Requester:etalexander1 Purchase Order No.: NCI 0157817 Requisition No.: RQ17798070 Other Costs: $0.00 USD Requester: Eula Alexander Shipping Method: BEST WAY FOB Code: Destination freight paid by vendor and included in price. Title passes upon receipt.Vendor files any claims. Terms of Payment: N30 Total $30,000.00 USD Terms And Conditions of Purchase: CONDITIONS AND INSTRUCTIONS 1.This purchase order was issued through the Statewide E-Procurement Service and is therefore subject to a fee of 1.75%(.0175)on the total dollar amount of goods(excluding sales tax). The following exemptions apply: (A) Purchases from a term contract that has not yet been implemented on the Statewide E-Procurement Service,(B) Purchases from an agency-specific term contract that has not yet been I implemented on the Statewide E-Procurement Service. Note: Fees will be invoiced monthly based on purchase order activity during the prior month. 2.This order is placed subject to shipment at prices,amounts and transportation rates not in excess of those indicated on the face of this order. 3. Each shipment must be shipped to the SHIP TO address printed on the face of this order and marked to the attention of the individual, if any, indicated in that address. Each shipment must be labeled plainly with our PURCHASE ORDER number, and must show gross, tare and net weight.4. Complete packing list must accompany each shipment. 5. Drafts will not be honored.6. Materials received in excess of quantities specified herein may, at our option, be returned at shipper's expense. Substitutions are not permitted. 7. Invoices in quadruplicate must be mailed on the date of shipment to the INVOICE TO address indicated on the face of this purchase order. Invoices must include the INVOICE TO name and address, the PURCHASE ORDER number,terms of payment and routing. 8. On all invoices subject to discount,the discount period will be calculated from the date a correct invoice is received in this office. 9. Each invoice must be accompanied by the following papers:A.Original bill of lading when shipment is made by freight or express. B. Signed delivery receipt when delivery is made by other means. C. Parcel post insurance when shipment is made by parcel post and value is over$1.00. 10. In cases where parties other than you ship materials against this order,shipper must be instructed to show our PURCHASE ORDER number on all packages and shipping manifests to insure prompt identification and payment of invoices. 11. By accepting this electronic purchase order,you agree that these CONDITIONS AND INSTRUCTIONS are legally binding. 2 of 7/11/2014 3:54 PM RQ 17798070: DEACS—05924-Orange County 2014 CWRAR Gr... littps://buyer.ncgov.com/Buyer/render/1 B$KNJUXYW4QG NCE-Procurement CW yot*r service RQ17798070: DEACS — G5924 - Orange County 2014 CWRAR Grant (BPA Approval 4129114) Issued on Tue,20 May,2014 Created on Tue,20 May,2014 by Marjorie Barber on behalf of Eula Alexander Supplier: Orange County Solid Waste Mgmt PO Box 17177, 1099 Martin L. king Jr. Blvd Chapel Hill,NC 27516 United States Phone: 1919-968-2788 Fax: 19199322900 Contact:REBECCA HOLDWAY Ship To: Bill To: 741 16PT j DENR ENVIRONMENTAL ASSISTANCE AND NC DENR OFFICE OF THE CONTROLLER OUTREACH ATTN:ACCOUNTS PAYABLE ATTN: EULA ALEXANDER, 1304C 1606 MAIL SERVICE CENTER 217 W JONES ST, 1ST FLOOR RALEIGH, NC 27699-1606 RALEIGH, NC 27603 United States United States Phone: 1919-707-8568 Phone: 1919-707-8117 Fax: 1919-707-8117 Deliver To: Entity Description: Department of Environmental And Eula Alexander Natural Resources Item Description Part Unit Qty Need Unit Tax Amount Extended Amount(tncludes tax) Number By Price 1 DEACS— dollar 30,000 None $1.00 $0.00 USD $30,000.00 USD G5924- USD Orange County 2014 CWRAR... DEACS—G5924-Orange County 2014 CWRAR Grant Program Orange County will purchase and install two compactor systems to improve recycling program efficiency at one solid waste convenience center. Contract Period:7/1/14-6/30/15 Cont ract Administrator: Robert Taylor Telephone#: (9 19)707-8139 Company: 1602 Account:536961 Center:6760 1 of 2 7/11/2014 3:54 PM RQ17798070:DEACS—G5924-Orange County 2014 CWRAR Gr... https://buyer.ncgov.com/Buyer/render/IB8KNJUXYW4QG Contract Name: Contract Type:No Order No.:NCI 0157817 Other Costs:$0.00 USD Shipping Method: BEST WAY FOB Code:Destination freight paid by vendor and included in price.Title passes upon receipt.Vendor files any claims. Terms of Payment:N30 Total $30,000.00 USD Status: Ordered __._Approvals - __ - --- Re aired?;S�tatus�;Reason` Approver �Appro`ved By 1 Dated I q lreq_,1._—_. 1 .... ---!_ .. .. Not Required i Approved OnSehalfOfWatcherRule Eula Alexander ;Fri, 11 Jul, _ ----- ........-----. ........_-- - .--- 2014 Required Theodore Bush T Approved Required agency approver : heodore Wed,21 ; j 'Bush May,2014 Required Approved Financial Approver-Admin must DENR Financial Pat Powell Wed,21 i �Il approve Approver-Admin. .. ._.... May,2014 i 1_.. ---- — .. . — i i Required JAWP—proved, Joseph E Ha�— rwood Joseph E 'Mon,02 1 'Harwood Jun,2014 like�quired Approvedl Marjorie Barber rmarjorle Fri, 11 Jul, ber 12014 ... -1 Required II Apprnved;DENR Purchasing Agent Must Purchasing Allison Tart Fri, 11 Jul, i Approve. I-..gent 1... -- 12014 _ ...i. eReguisition Comments • Marjorie Barber,05/20/2014: See attach scope of work(Marjorie Barber,Tue,20 May,2014) • Joseph E Harwood,06/02/2014: I approve(Joseph E Harwood,Mon,02 Jun,2014) • COMMENT by Marjorie Barber on 0711112014 Contract fully executed by grantee and MGB,proceed with filll approval(Marjorie Barber,Fri, I 1 Jul,2014) �t 7/11/2014 3:54 PM