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HomeMy WebLinkAboutAgenda - 11-16-2004-5fORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 16, 2004 Action Age 5 a Item No. SUBJECT: Recvclino Education Grant Award DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Agreement Gayle Wilson, 968-2885 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To accept a $10,000 grant from the North Carolina Division of Pollution Prevention and Environmental Assistance (NCDPPEA) to conduct public education in recycling and waste reduction. BACKGROUND: Orange County has been awarded a $10,000 grant from the North Carolina Division of Pollution Prevention and Environmental Assistance (NCDPPEA) to conduct public education in recycling and waste reduction, In conjunction with a National Soft Drink Association (NSDA) advertising campaign, the City of Raleigh (which was awarded a similar NCDPPEA education grant for $25,000) and Orange County will pay for a series of radio advertisements. Together, the two media efforts will create a common and repeated message, focused primarily on can and bottle recycling, especially away from home. This campaign is expected to begin in April 2005, FINANCIAL IMPACT: Orange County must provide a 10% match to the $10,000 NCDPPEA grant, That $1,000 match is already available within the Solid Waste Management advertising line in the 2004-05 operating budget, No additional County funds will be required. Raleigh's match far their $25,000 grant will be 10% or $2,500, The total value of this radio ad campaign is $38,500, RECOMMENDATION(S): The Manager recommends that the Board accept the award of the $10,000 recycling and waste reduction grant and authorize the Chair to sign the agreement on behalf of the Board, subject to final review by staff and the County Attorney. CONTRACT NO. H05023 STATE OF NORTH CAROLINA COUNTY OF WAKE GRANTEE'S FEDERAL I,D. 566000327 CFDA CODE: N/A THIS AGREEMENT, made and entered into this 28th day of September, 2004, by and between Orange County, hereinafter referred to as "GRANTEE", and North Carolina Department of Environment and Natural Resources, hereinafter referred to as "DEPARTMENT"; W ITNESSETH: THAT WHEREAS, the GRANTEE has submitted to the DEPARTMENT a proposal for the performance of certain technical or professional services; and WHEREAS, the DEPARTMENT desires to enter into a contract with the GRANTEE to perform the services set out in the proposal; NOW, THEREFORE, for and in consideration of the mutual promises to each other, as hereinafter set forth, the parties hereto do mutually agree as follows: 1. The GRANTEE hereby agrees to perform in a manner satisfactory to the DEPARTMENT, a project titled "Regional Recycling Promotions Campaign For Increasing Container Recycling in the Triangle" as described in Attachment A which is incorporated as part of this contract and which is included in the 2004 Community Waste Reduction and Recycling Grant proposal on file with the NC Division of Pollution Prevention and Environmental Assistance. 2. Funding for this project is provided as follows: (a) DENR (b) GRANTEE'S match $ 10,000.00 1,000.00 3. The DEPARTMENT hereby agrees to pay the GRANTEE a sum of money not to exceed TEN THOUSAND DOLLARS ($10,000.00), said sum to be full and complete compensation for services to be rendered under this agreement. (a) Payment for services will be made upon receipt and approval of invoice(s) from the GRANTEE documenting the costs incurred in the performance of work under this contract. (b) All travel, lodging, and subsistehce costs are included in the contract total and no additional payments will be made in excess of the contract amount indicated above. Contractor must adhere to the travel, lodging and subsistence rates established in the Budget Manual for the State of North Carolina. (c) Invoices are to be submitted to the Contract Administrator at (east quarterly. Final invoice must be received by the DEPARTMENT within 45 days after the end of the contract period. 1 of 5 CONTRACT NO. M05Q23 (d) Amended or corrected invoices must be received by the Office of the Gontroller within six months after the end of the contract period. Any invoices received after six months will be returned without action, 4, The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the DEPARTMENT, 5, The State Auditor shall have access to persons and records as a result of all contracts and grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64,7. The GRANTEE shall retain all records for a period of three years following completion of the contract. 6. The GRANTEE shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The GRANTEE represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of, or have any individual contractual relationship with the DEPARTMENT. 7, The GRANTEE shall not substitute key personnel assigned to the performance of this contract without prior approval by the Contract Administrator, The following individual is designated key personnel for purposes of this contract: Muriel Williman 8. None of the work to be performed under this contract which involves the specialized skill or expertise of the GRANTEE or his employees shall be subcontracted without prior approval of the Contract Administrator, In the event the GRANTEE subcontracts for any or all of the services or activities covered by this contract: (a) the GRANTEE is not relieved of any of the duties and responsibilities provided in this contract; (b) the subcontractor agrees to abide by the standards contained herein or to provide such information as to allow the GRANTEE to comply with these standards, and; (c) the subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor. 9. The services of the GRANTEE are to commence on the 1st day of Qctober, 2004, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this agreement, but in any event, all of the services required hereunder shall be completed by the 30th day of September, 2005. 10, If, through any cause, the GRANTEE shall fail to fulfill in a timely and proper manner the obligations under this agreement, the DEPARTMENT shall thereupon have the right to terminate this contract by giving written notice to the GRANTEE of such termination and specifying the reason thereof and the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the GRANTEE shall, at the option of the DEPARTMENT, become its property, and the GRANTEE shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other 2 of 5 CONTRACT NO. H05023 V materials. The GRANTEE shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any breach of this agreement, and the DEPARTMENT may withhold payment to the GRANTEE for the purpose of set off until such time as the exact amount of damages due the DEPARTMENT from such breach can be determined. 11, This contract may be terminated by either party upon thirty (30) days notice given in writing by one party to the other. If the contract is terminated, all finished or unfinished documents and other materials shall, at the option of the DEPARTMENT, become its property, Termination of the contract by the GRANTEE shall not prohibit the DEPARTMENT from seeking remedy for additional costs consequential to the termination, which are incurred by the DEPARTMENT. If the contract is terminated by the DEPARTMENT as provided herein, the GRANTEE will be paid in an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the GRANTEE covered by this agreement; for costs of work performed by subcontractors for the GRANTEE provided that such subcontracts have been approved as provided herein; ar for each full day of services performed where compensation is based on each full day of services performed, less payment of compensation previously made. The GRANTEE shall repay to the DEPARTMENT any compensation he has received which is in excess of the payment to which he is entitled herein, 12.. The GRANTEE shall ensure that all publications produced as a result of this contract are printed double-sided on recycled paper. 13. The DEPARTMENT may, from time to time, request changes in the scope of the services of the GRANTEE to be performed under this agreement. Such changes, including any increase or decrease in the amount of the GRANTEE'S compensation, which are mutually agreed upon by and between the GRANTEE and the DEPARTMENT, shall be incorporated in written amendments to this contract, 14. Any information, data, instruments, documents studies or reports given to or prepared or assembled by the GRANTEE under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the DEPARTMENT. 15. Upon the entering of a judgment of bankruptcy or insolvency by or against the GRANTEE, the DEPARTMENT may terminate this agreement for cause. 16, The GRANTEE shall not assign or transfer any interest in this agreement. 17. No reports, maps or other documents produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the GRANTEE. 18. The GRANTEE agrees that he shall be responsible for the proper custody and care of any State owned property furnished for use in connection with the performance of this contract and will reimburse the State for its loss or damage. 3 of 5 CQNTRACT NO. H05023~ '', ~/ 19. Ownership of equipment purchased under this contract rests with the DEPARTMENT according to 40 CFR Section 31, or comparable regulations of the sponsoring Agency. Such equipment may be retained by the GRANTEE for the time the GRANTEE continues to provide services begun under this contract or with approval from the DEPARTMENT be transferred to other DEPARTMENT contracts. 20, This contract represents the entirety of the agreements and covenants between the DEPARTMENT and the GRANTEE with respect to the subject matter hereof and accordingly cannot be amended or modified except by written instrument executed by the parties hereto, 21. The GRANTEE shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses, with the exception of consequential damages, accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the GRANTEE in the performance of this contract and that are attributable to the negligence or intentionally tortuous acts of the GRANTEE provided that the GRANTEE is notified in writing within 30 days that the State has knowledge of such claims. The GRANTEE represents and warrants that it shall make no claim of any kind or nature against the State's agents who are involved in the delivery or processing of GRANTEE goods to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract, 22. The DEPARTMENT does not waive its sovereign immunity by entering into this contract and fully retains all immunities and defenses provided by law with respect to any action based on this contract. 23. The parties certify and warrant that no gratuities, kickbacks or contingency fee(s) were paid in connection with this contract, nor were any fees, commissions, gifts or other considerations made contingent upon the award of this contract, 24. The GRANTEE certifies that it (a) has neither used nor will use any appropriated funds for payments to lobbyist; (b) will disclose the name, address, payment details, and purpose of any agreement with lobbyists whom GRANTEE or its subtler contractor(s) or subgrantee(s) will pay with profits or non-appropriated funds on or after December 22, 1989; and (c) will file quarterly updates about the use of lobbyists if material changes occur in their use, 25. The GRANTEE shall take affirmative action in complying with all federal and state requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin, or disability 26. The GRANTEE shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. 4 of 5 CONTRACT NO. H0~50~'2}3 U 27. Scott Mouw is designated as the Contract Administrator (project coordinator) for the State. However, any changes in the scope of the contract which will increase or decrease the GRANTEE'S compensation shall not be effective until they have been approved by the DEPARTMENT Head or Authorized Agent.. IN WITNESS WHEREOF, the CONTRACTOR and the DEPARTMENT have executed this agreement in four originals, one (1) of which is retained by the CONTRACTOR and three (3) of which are retained by the DEPARTMENT, the day and year first above written. ORANGE (;AUNTY NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL GRANTEE'S Signature William G. Ross, Jr.., Secretary Director/Division of Purchase & Services Typed Name Title WITNESS: Signature Department Head's Signature or Authorized Agent WITNESS: Signature Approved as to Form: Attorney General of North Carolina ORIGINAL 5 of 5 0 SCOPE OF WORK A~ACHM~HT ----~---° Orange County - 2004 Community Waste Reduction and Recycling Grant Contract dates: IO/1/2004 - 09/30/05 The Scope of Work for this contract is as follows: 1. Prepare and send to the Division of Pollution Prevention and Environmental Assistance an estimated timeline for the project within thirty (30) days of signing the contract. 2. The Orange County will implement the National Soft Drink Association (NSDA) recycling education campaign., 3. The county will purchase, through NSDA or independently, radio advertising for the purpose of educating the public about recycling. 4. The county will purchase or adopt other aspects of the NSDA program where feasible, 5. Provide a cash match to the grant project equal to no less than 10% of the grant funds provided by DPPEA. 6. Document to the extent feasible the amount of material diverted from disposal as a result of this grant project. 7. Upon request, make information about the grant project available to other parties who may be considering a similar project. 8. 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." 9. Prepaze a final report, double-sided and on recycled paper with at least 30 percent post- consumer content, to be submitted to the Division of Pollution Prevention and Environmental Assistance on or before October 1, 2005. Submit through email a draft of the report to the Division of Pollution Prevention and Environmental Assistance for review on or before September 1, 2005. If' email is unavailable, submit a hard copy of the draft double-sided and on recycled paper with at least 30 percent post-consumer content by September 1, 2005, 10. The payrnent schedule for this contract will be as follows: a, Payment of 90 percent of gant funds for Orange County: Upon completion of items 2 and 3 above,. b. Payment of 10 percent of grant funds for Orange County: Upon acceptable completion and submittal of a final report.