HomeMy WebLinkAbout2019-895-E Solid Waste - NCDEQ grant for glass separation infrastructureGRANT CONTRACT NO. 8035
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STATE OF NORTH CAROLINA GRANTEE’S FEDERAL
COUNTY OF WAKE IDENTIFICATION
NUMBER: **-***0327
North Carolina Department of Environmental Quality
Financial Assistance Agreement
This financial assistance agreement is hereby made and entered into this October 1, 2019, by and between the NORTH
CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY (the "Department") and ORANGE COUNTY (the “Grantee”1).
1. Audit and Other Reporting Requirements of the Local Government Commission. If subject to the audit and other
reporting requirements of the Local Government Commission pursuant to Article 3 of Chapter 159 of the North Carolina
General Statutes (Local Government Budget and Fiscal Control Act), the Grantee understands and agrees that the terms,
conditions, restrictions and requirements hereinafter set forth shall only apply to the extent not inconsistent with, or
superseded by, the audit and other reporting requirements of the Local Government Commission.
2. Contract Documents. The agreement between the parties consists of this document (the “Contract Cover”) and its
attachments, which are identified by name as follows:
a. State’s General Terms and Conditions (Attachment A)
b. Department’s Request for Proposal (“RFP”) (Attachment B)
c. Grantee’s Response to RFP, including scope of work, line item budget, budget narrative and, if applicable, indirect
cost documentation (hereinafter referred to generally as the “Award Proposal”) (Attachment C)
d. Notice of Certain Reporting and Audit Requirements (Attachment D)
Together, these documents (the “Contract Documents”) constitute the entire agreement between the parties (the
“Agreement”), superseding all prior oral or written statements or agreements. Modifications to this Contract Cover or to
any other Contract Document may only be made through written amendments processed by the Department’s Financial
Services Division. Any such written amendment must be duly executed by an authorized representative of each party.
3. Precedence Among Contract Documents. In the event of a conflict or inconsistency between or among the Contract
Documents, the document with the highest relative precedence shall prevail. This Contract Cover shall have the highest
precedence. The order of precedence thereafter shall be determined by the order of documents listed in § 2 above, with
the first-listed document having the second-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.
4. Contract Period. This Agreement shall be effective from October 1, 2019 to September 30, 2020, inclusive of those dates.
5. Grantee’s Duties. As a condition of the grant award, the Grantee agrees to:
a. Undertake and deliver the grant award project, plan or services as described in the Award Proposal (Attachment C),
adhering to all budgetary provisions set out therein throughout the course of performance.
b. Ensure that all award funds are expended in a manner consistent with the purposes for which they were awarded, as
described more fully in the attached Contract Documents.
1 The contract documents attached hereto may at times use alternative terms to describe the Grantee. Such terms might include, but are not
necessarily limited to, the following (in common or proper form): “recipient,” “applicant,” or “participant.”
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c. Comply with the requirements of 09 NCAC 03M .0101, et seq. (Uniform Administration of State Awards of Financial
Assistance), including, but not limited to, those provisions relating to audit oversight, access to records, and availability
of audit work papers in the possession of any auditor of any recipient of State funding.
d. Comply with the applicable provisions of Attachment D, Notice of Certain Reporting and Audit Requirements.
e. Maintain all records related to this Agreement (i) for a period of six (6) years following the date on which this Agreement
expires or terminates, or (ii) until all audit exceptions have been resolved, whichever is longer.
f. Comply with all laws, ordinances, codes, rules, regulations, and licensing requirements applicable to its performance
hereunder and/or the conduct of its business generally, including those of Federal, State, and local agencies having
jurisdiction and/or authority.
g. Obtain written approval from the Department’s Contract Administrator (see § 14 below) prior to making any subaward
or subgrant not already described in the Award Proposal.
h. Ensure that the terms, conditions, restrictions and requirements of this Contract Cover, including those incorporated
by reference to other Contract Documents and/or applicable law, are made applicable to, and binding upon, any
subgrantee who receives as a subaward or subgrant any portion of the award funds made available to the Grantee
hereunder.
i. Take reasonable measures to ensure that any subgrantee (i) complies with the terms, conditions, restrictions and
requirements set forth in this Contract Cover, including those incorporated by reference to other Contract Documents
and/or applicable law, and (ii) provides such information in its possession as may be necessary for the Grantee to
comply with such terms, conditions, restrictions and requirements.
6. Historically Underutilized Businesses. Historically Underutilized Businesses (HUBs) consist of minority, women and
disabled business firms that are at least fifty-one percent owned and operated by an individual(s) of the categories. Also
included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled.
Pursuant to G.S. 143B-1361(a), 143-48 and 143-128.4, the Department invites and encourages participation in this
procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work
centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this
contract. Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized
Businesses at (919) 807-2330.
7. Department’s Duties. The Department shall pay the Grantee in the manner and amounts specified below and in
accordance with the approved budget set forth in the Award Proposal.
8. Total Award Amount. The total amount of award funds paid by the Department to the Grantee under this Agreement
shall not exceed SIXTEEN THOUSAND ONE HUNDRED DOLLARS ($16,100.00) (the “Total Award Amount”). This
amount consists of:
Funding:
Type of Funds Funding Source CFDA No.
Appropriations North Carolina General Assembly N/A
Account Coding Information:
Dollars GL Company GL Account GL Center
$16,100.00 1602 536961 6760
Grantee Matching Information:
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[ ] a. There are no matching requirements from the Grantee.
[ ] 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 $
Other / Specify: $
[ X ] c. The Grantee’s matching requirement is $, which shall consist of:
In-Kind $
X Cash $3,220.00
Cash and In-Kind $
Other / Specify: $
[ ] d. The Grantee is committing to an additional $ to complete the project or services described in the Award Proposal.
Based on the figures above, the total contract amount is $19,320.00.
9. Invoice and Payment. The award funds shall be disbursed to the Grantee in accordance with the following provisions:
a. The Grantee shall submit invoices to the Department’s Contract Administrator at least quarterly. The final invoice
must be received by the Department within forty-five (45) days following the date on which termination or expiration
of this Agreement becomes effective. Amended or corrected invoices must be received by the Department’s Financial
Services Division within six (6) months of such date. Any invoice received thereafter shall be returned without action.
b. The Department shall reimburse the Grantee for actual allowable expenditures, with the Department retaining a
minimum of ten percent (10%) of the Total Award Amount until all grant-related activities are completed and all
reports/deliverables are received and accepted by the Department. As used herein, “allowable expenditures” are
expenditures associated with work conducted to meet performance obligations under this Agreement, provided such
work is carried out in a manner consistent with the Award Proposal. The Department may withhold payment on
invoices when performance goals and expectations have not been met or when the manner of performance is
inconsistent with Attachment C.
10. Grantee’s Fiscal Year. The Grantee represents that its fiscal year is from July 1 to June 30.
11. Availability of Funds. The Grantee understands and agrees that payment of the sums specified herein shall be subject
to, and contingent upon, the allocation and appropriation of funds to the Department for the purposes described in this
Agreement.
12. Reversion of Unexpended Funds. The Grantee understands and agrees that any unexpended grant funds shall revert
to the Department upon termination of this Agreement.
13. Supplantation of Expenditure of Public Funds. The Grantee understands and agrees that funds received pursuant to
this Agreement shall be used only to supplement, not to supplant, the total amount of Federal, State and local public
funding that the Grantee would otherwise expend to carry out the project or services described in the Award Proposal.
14. Contract Administrators. Each party shall submit notices, questions and correspondence related to this Agreement to
the other party’s Contract Administrator. The contact information for each party’s Contract Administrator is set out below.
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Either party may change its Contract Administrator and/or the associated contact information by giving timely written notice
to the other party.
Grantee Contract Administrator Department’s Contract Administrator
Evan Brown Matt James
Orange County DEACS
PO Box 17177 1639 Mail Service Center
Chapel Hill, NC 27516 Raleigh, NC 27699-1639
Telephone: 919-968-2788 Telephone: 919-707-8133
Email: ebrown@orangecountync.gov Email: Matt.James@ncdenr.gov
15. Assignment. The Grantee may not assign its obligations or its rights to receive payment hereunder.
16. Procurement. The Grantee understands and agrees that all procurement activities undertaken in connection with
this Agreement shall be subject to the following provisions:
a. None of the work or services to be performed under this Agreement involving the specialized skill or expertise of the
Grantee shall be contracted without prior written approval from the Department.
b. In the event the Grantee or any subrecipient of the Grantee contracts for any of the work to be performed hereunder,
the Grantee shall not be relieved of any duties or responsibilities herein set forth.
c. The Grantee shall not contract with any vendor who is restricted from contracting with the State of North Carolina
pursuant to N.C.G.S. §§ 143-133.3, 143-59.1, 143-59.2 or 147.86.60.
17. Subawards. The Grantee understands and agrees that any subaward or subgrant of any portion of the financial assistance
provided hereunder shall not relieve the Grantee of any duties or responsibilities herein set forth.
18. Title VI and Other Nondiscrimination Requirements. Throughout the course of its performance hereunder, the Grantee
shall comply with all applicable State and Federal laws, regulations, executive orders and policies relating to
nondiscrimination, including, but not limited to:
Title VI of the Civil Rights Act of 1964, as amended;
Civil Rights Restoration Act of 1987, as amended;
Section 504 of the Rehabilitation Act of 1973, as amended;
Age Discrimination Act of 1975, as amended;
Titles II and III of the Americans with Disabilities Act of 1990, as amended;
Title IX of the Education Amendments of 1972, as amended;
Part III of Executive Order No. 11246 (September 24, 1965), as amended; and
Section 13 of the Federal Water Pollution Control Act Amendments of 1972.
In accordance with the above laws and their implementing regulations, the Grantee agrees to ensure that no person in the
United States is, on the basis of race, color, national origin, sex, age or disability, excluded from participation in, denied
the benefits of, or subjected to discrimination under any program or activity for which the Grantee receives Federal
assistance. For purposes of this provision, “program or activity” shall have the meaning ascribed to that term under Federal
law (see 42 U.S.C.S. § 2000d-4a).
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The Grantee understands and acknowledges that, in addition to itself, any lower-tier recipient of the financial assistance
provided hereunder must also comply with the requirements of this section. Accordingly, the Grantee agrees to include a
similar provision in any financial assistance agreement made with any lower-tier recipient of such assistance.
19. E-Verify. To the extent applicable, the Grantee represents that it and each of its subgrantees, contractors and/or
subcontractors performing work pursuant to, or in association with, this Agreement are in compliance with Article 2 of
Chapter 64 of the North Carolina General Statutes, including, in particular, the requirement that certain employers verify
the work authorization of newly hired employees using the Federal E-Verify system.
20. Termination by Mutual Consent. This Agreement may be terminated by mutual consent of the parties, provided the
consent is documented in writing and duly executed by an authorized representative of each party.
21. Survival. Any provision contained in this or any other Contract Document that contemplates performance or observance
subsequent to the termination or expiration of this Agreement shall survive the termination or expiration hereof and continue
in full force and effect.
22. Signature Warranty. The undersigned represent and warrant that they are authorized to bind their principals to the terms
and conditions of this Contract Cover and the Agreement generally, including those incorporated by reference to applicable
law.
IN WITNESS WHEREOF, the Grantee and the Department execute this Agreement in two (2) originals, one (1) to
be retained by the Grantee and one (1) to be retained by the Department, the day and year first above written.
ORANGE COUNTY NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
By By Grantee’s Signature
Signature of Department Head or Authorized Agent
Tommy Kirby, Purchasing Director___________
Printed Name and Title Printed Name and Title
Financial Services Division, Purchasing and Contracts Section
Organization Division/Section
ORIGINAL
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General Terms and Conditions
Governmental Entities
DEFINITIONS
Unless indicated otherwise from the context, the following terms
shall have the following meanings in this Contract. All definitions
are from 9 NCAC 3M.0102 unless otherwise noted. If the rule or
statute that is the source of the definition is changed by the
adopting authority, the change shall be incorporated herein.
(1) "Agency" (as used in the context of the definitions
below) means and includes every public office, public
officer or official (State or local, elected or appointed),
institution, board, commission, bureau, council,
department, authority or other unit of government of the
State or of any county, unit, special district or other
political sub-agency of government. For other
purposes in this Contract, “Agency” means the entity
identified as one of the parties hereto.
(2) "Audit" means an examination of records or financial
accounts to verify their accuracy.
(3) "Certification of Compliance" means a report provided
by the Agency to the Office of the State Auditor that
states that the Grantee has met the reporting
requirements established by this Subchapter and
included a statement of certification by the Agency and
copies of the submitted grantee reporting package.
(4) "Compliance Supplement" refers to the North Carolina
State Compliance Supplement, maintained by the State
and Local Government Finance Agency within the
North Carolina Department of State Treasurer that has
been developed in cooperation with agencies to assist
the local auditor in identifying program compliance
requirements and audit procedures for testing those
requirements.
(5) "Contract" means a legal instrument that is used to
reflect a relationship between the agency, grantee, and
sub-grantee.
(6) "Fiscal Year" means the annual operating year of the
non-State entity.
(7) "Financial Assistance" means assistance that non-
State entities receive or administer in the form of
grants, loans, loan guarantees, property (including
donated surplus property), cooperative agreements,
interest subsidies, insurance, food commodities, direct
appropriations, and other assistance. Financial
assistance does not include amounts received as
reimbursement for services rendered to individuals for
Medicare and Medicaid patient services.
(8) "Financial Statement" means a report providing
financial statistics relative to a given part of an
organization's operations or status.
(9) "Grant" means financial assistance provided by an
agency, grantee, or sub-grantee to carry out activities
whereby the grantor anticipates no programmatic
involvement with the grantee or sub-grantee during the
performance of the grant.
(10) "Grantee" has the meaning in G.S. 143C-6-23(a)(2): a
non-State entity that receives a grant of State funds
from a State agency, department, or institution but
does not include any non-State entity subject to the
audit and other reporting requirements of the Local
Government Commission. For other purposes in this
Contract, “Grantee” shall mean the entity identified as
one of the parties hereto. For purposes of this
contract, Grantee also includes other State agencies
such as universities.
(11) "Grantor" means an entity that provides resources,
generally financial, to another entity in order to achieve
a specified goal or objective.
(12) "Non-State Entity" has the meaning in N.C.G.S. 143C-
1-1(d)(18): A firm, corporation, partnership, association,
county, unit of local government, public authority, or
any other person, organization, group, or governmental
entity that is not a State agency, department, or
institution.
(13) "Public Authority" has the meaning in N.C.G.S. 159-
7(10): A municipal corporation that is not a unit of local
government or a local governmental authority, board,
commission, council, or agency that (i) is not a
municipal corporation, (ii) is not subject of the State
Budget Act, and (iii) operates on an area, regional, or
multiunit basis, and the budgeting and accounting
systems of which are not fully a part of the budgeting
and accounting systems of a unit of local government.
(14) "Single Audit" means an audit that includes an
examination of an organization's financial statements,
internal controls, and compliance with the requirements
of Federal or State awards.
(15) "Special Appropriation" means a legislative act
authorizing the expenditure of a designated amount of
public funds for a specific purpose.
(16) "State Funds" means any funds appropriated by the
North Carolina General Assembly or collected by the
State of North Carolina. State funds include federal
financial assistance received by the State and
transferred or disbursed to non-State entities. Both
Federal and State funds maintain their identity as they
are sub-granted to other organizations. Pursuant to
N.C.G.S. 143C-6-23(a)(1), the terms "State grant
funds" and "State grants" do not include any payment
made by the Medicaid program, the Teachers' and
State Employees' Comprehensive Major Medical Plan,
or other similar medical programs.
(17) "Sub-grantee" has the meaning in G.S. 143C-6-
23(a)(4): a non-State entity that receives a grant of
State funds from a grantee or from another sub-grantee
but does not include any non-State entity subject to the
audit and other reporting requirements of the Local
Government Commission.
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(18) "Unit of Local Government has the meaning in G.S.
159-7(b)(15): A municipal corporation that has the
power to levy taxes, including a consolidated city-
county as defined by G.S. 160B-2(1), and all boards,
agencies, commissions, authorities, and institutions
thereof that are not municipal corporations.
Relationships of the Parties
Independent Contractor: The Grantee is and shall be deemed
to be an independent contractor in the performance of this
Contract 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 shall 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 Agency.
Subcontracting: To subcontract work to be performed under
this contract which involves the specialized skill or expertise
of the Grantee or his employees, the Grantee first obtains
prior approval of the Agency 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.
Sub-grantees: The Grantee has the responsibility to ensure that
all sub-grantees, if any, provide all information necessary to
permit the Grantee to comply with the standards set forth in this
Contract.
Assignment: The Grantee may not assign the Grantee's
obligations or the Grantee's right to receive payment hereunder.
However, upon Grantee’s written request approved by the
issuing purchasing authority, the Agency may:
(a) Forward the Grantee's payment check(s) directly to any
person or entity designated by the Grantee, or
(b) Include any person or entity designated by Grantee as
a joint payee on the Grantee's payment check(s).
Such approval and action does not obligate the State to anyone
other than the Grantee and the Grantee remains responsible for
fulfillment of all contract obligations.
Beneficiaries: Except as herein specifically provided otherwise,
this Contract inures to the benefit of and is binding upon the
parties hereto and their respective successors. It is expressly
understood and agreed that the enforcement of the terms and
conditions of this Contract, and all rights of action relating to such
enforcement, are strictly reserved to the Agency and the named
Grantee. Nothing contained in this document shall give or allow
any claim or right of action whatsoever by any other third person.
It is the express intention of the Agency and Grantee that any
third person receiving services or benefits under this Contract is
an incidental beneficiary only.
Indemnity
Indemnification: In the event of a claim against either party by
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
and any resulting liability, provided that a party may not waive the
other party’s sovereign immunity or similar defenses. The parties
agree to consult with each other over the appropriate handling of
a claim and, in the event they cannot agree, to consult with the
Office of the Attorney General.
Insurance: During the term of the contract, the Grantee at
its sole cost and expense provides commercial insurance
of such type and with such terms and limits as may be
reasonably associated with the contract. As a minimum,
the Grantee provides and maintains the following coverage
and limits:
(a) Worker’s Compensation: The Grantee provides
and maintains Worker’s Compensation
insurance as required by the laws of North
Carolina, as well as employer’s liability coverage
with minimum limits of $500,000.00, covering
all of Grantee’s employees who are engaged in
any work under this contract. If any work is
sublet, the Grantee requires the subgrantee to
provide the same coverage for any of his
employees engaged in any work under this
contract.
(b) Commercial General Liability: General Liability
Coverage on a Comprehensive Broad Form on an
occurrence basis in the minimum
amount of $1,000,000.00 Combined Single Limit.
(Defense cost shall be in excess of the limit of
liability.)
(c) Automobile: Automobile Liability Insurance, to
include liability coverage, covering all owned,
hired and non-owned vehicles used in
performance of the contract. The minimum
combined single limit is $500,000.00 bodily injury
and property damage; $500,000.00
uninsured/under insured motorist; and $25,000.00
medical payment.
Providing and maintaining adequate insurance
coverage is a material obligation of the Grantee and is
of the essence of this contract. The Grantee may
meet its requirements of maintaining specified
coverage and limits by demonstrating to the Agency
that there is in force insurance with equivalent
coverage and limits that will offer at least the same
protection to the Agency. Grantee obtains insurance
that meets all laws of the State of North Carolina.
Grantee obtains coverage from companies that are
authorized to provide such coverage and that are
authorized by the Commissioner of Insurance to do
business in North Carolina. The Grantee complies at
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all times with the terms of such insurance policies,
and all requirements of the insurer under any such
insurance policies, except as they may conflict with
existing North Carolina laws or this contract. The
limits of coverage under each insurance policy
maintained by the Grantee do not limit the Grantee’s
liability and obligations under the contract.
Default and Termination
Termination by Mutual Consent: Either party may terminate
this agreement upon sixty (60) days notice in writing from the
other party. In that event, all finished or unfinished
documents and other materials, at the option of the Agency,
be submitted to the Agency. If the contract is terminated as
provided herein, the Grantee is paid in an amount which
bears the same ratio to the total compensation as the
services actually performed bear to the total services of the
Grantee covered by this agreement; for costs of work
performed by subcontractors for the Grantee provided that
such subcontracts have been approved as provided herein; or
for each full day of services performed where compensation is
based on each full day of services performed, less payment of
compensation previously made. The Grantee repays to the
Agency any compensation the Grantee has received which is
in excess of the payment to which he is entitled herein.
Termination for Cause: If, through any cause, the Grantee
fails to fulfill in timely and proper manner the obligations
under this agreement, the Agency thereupon has 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, at the
option of the Agency, be submitted to the Agency, and the
Grantee is entitled to receive just and equitable compensation
for any satisfactory work completed on such documents and
other materials. The Grantee is not relieved of liability to the
Agency for damages sustained by the Agency by virtue of any
breach of this agreement, and the Agency may withhold
payment to the Grantee for the purpose of set off until such
time as the exact amount of damages due the Agency from
such breach can be determined.
Waiver of Default: Waiver by the Agency of any default or
breach in compliance with the terms of this Contract by the
Grantee is not a waiver of any subsequent default or breach and
is not a modification of the terms of this Contract unless stated to
be such in writing, signed by an authorized representative of the
Agency and the Grantee and attached to the contract.
Availability of Funds: 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 Agency.
Force Majeure: Neither party is in default of its obligations
hereunder if it is prevented from performing such obligations by
any act of war, hostile foreign action, nuclear explosion, riot,
strikes, civil insurrection, earthquake, hurricane, tornado, or other
catastrophic natural event or act of God.
Survival of Promises: All promises, requirements, terms,
conditions, provisions, representations, guarantees, and
warranties contained herein shall survive the contract expiration
or termination date unless specifically provided otherwise herein,
or unless superseded by applicable Federal or State statutes of
limitation.
Intellectual Property Rights
Copyrights and Ownership of Deliverables: Any and all
copyrights resulting from work under this agreement shall
belong to the Grantee. The Grantee hereby grants to the
North Carolina Department of Environmental Quality a royalty-
free, non-exclusive, paid-up license to use, publish and
distribute results of work under this agreement for North
Carolina State Government purposes only.
Compliance with Applicable Laws
Compliance with Laws: The Grantee understands and agrees
that it is subject to compliance 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.
Equal Employment Opportunity: The Grantee understands
and agrees that it is subject to compliance with all Federal and
State laws relating to equal employment opportunity.
Confidentiality
Confidentiality: As authorized by law, the Grantee keeps
confidential any information, data, instruments, documents,
studies or reports given to or prepared or assembled by the
Grantee under this agreement and does not divulge or make
them available to any individual or organization without the prior
written approval of the Agency. The Grantee acknowledges that
in receiving, storing, processing or otherwise dealing with any
confidential information it will safeguard and not further disclose
the information except as otherwise provided in this Contract or
without the prior written approval of the Agency.
Oversight
Access to Persons and Records: The State Auditor and the
using agency’s internal auditors shall have access to persons
and records as a result of all contracts or grants entered into
by State agencies or political subdivisions in accordance with
General Statute 147-64.7 and Session Law 2010-194, Section
21 (i.e., the State Auditors and internal auditors may audit the
records of the contractor during the term of the contract to
verify accounts and data affecting fees or performance). The
Contractor shall retain all records for a period of six (6) years
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following completion of the contract or until any audits begun
during this period are completed and findings resolved,
whichever is later.
Record Retention: The Grantee may not destroy, purge or
dispose of records without the express written consent of the
Agency. State basic records retention policy requires all grant
records to be retained for a minimum of six (6) years or until all
audit exceptions have been resolved, whichever is longer. If the
contract is subject to Federal policy and regulations, record
retention may be longer than six (6) years since records must be
retained for a period of three years following submission of the
final Federal Financial Status Report, if applicable, or three years
following the submission of a revised final Federal Financial
Status Report. Also, if any litigation, claim, negotiation, audit,
disallowance action, or other action involving this Contract has
started before expiration of the six (6) year retention period
described above, the records must be retained until completion of
the action and resolution of all issues which arise from it, or until
the end of the regular six (6) year period described above,
whichever is later.
Time Records: The GRANTEE will maintain records of the time
and effort of each employee receiving compensation from this
contract, in accordance with the appropriate OMB circular.
Miscellaneous
Choice of Law: The validity of this Contract and any of its terms
or provisions, as well as the rights and duties of the parties to this
Contract, are governed by the laws of North Carolina. The
Grantee, by signing this Contract, agrees and submits, solely for
matters concerning this Contract, to the exclusive jurisdiction of
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
transactions and agreements relating to it, and their situs and
forum, shall be Wake County, North Carolina, where all matters,
whether sounding in contract or tort, relating to the validity,
construction, interpretation, and enforcement shall be
determined.
Amendment: This Contract may not be amended orally or by
performance. Any amendment must be made in written form and
executed by duly authorized representatives of the Agency and
the Grantee.
Severability: In the event that a court of competent jurisdiction
holds that a provision or requirement of this Contract violates any
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
otherwise unenforceable and all other provisions and
requirements of this Contract shall remain in full force and effect.
Headings: The Section and Paragraph headings in these
General Terms and Conditions are not material parts of the
agreement and should not be used to construe the meaning
thereof.
Time of the Essence: Time is of the essence in the performance
of this Contract.
Care of Property: The Grantee agrees that it is responsible
for the proper custody and care of any State owned property
furnished him for use in connection with the performance of
his contract and will reimburse the State for its loss or
damage.
Ownership of equipment purchased under this contract rests
with the Grantee. Upon approval of the Agency Contract
Administrator, such equipment may be retained by the
Grantee for the time the Grantee continues to provide
services begun under this contract.
Travel Expenses: All travel, lodging, and subsistence costs are
included in the contract total and no additional payments will be
made in excess of the contract amount indicated in above.
Contractor must adhere to the travel, lodging and subsistence
rates established in the Budget Manual for the State of North
Carolina.
Sales/Use Tax Refunds: If eligible, the Grantee and all sub-
grantees shall: (a) ask the North Carolina Department of
Revenue for a refund of all sales and use taxes paid by them in
the performance of this Contract, pursuant to G.S. 105-164.14;
and (b) exclude all refundable sales and use taxes from all
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 with 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
fee(s) 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-grantee(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.
DocuSign Envelope ID: 70D8DD00-0712-4FFB-A412-CD2A7FF1E38B
Attachment A
DEQ Contract 8035
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.
architect, bidder, contractor, construction manager, design
professional, engineer, landlord, offeror, seller, subcontractor,
supplier, or vendor), to make gifts or to give favors to any State
employee of the Governor’s Cabinet Agencies (i.e.,
Administration, Commerce, Correction, Crime Control and Public
Safety, Natural and Cultural Resources, Environmental Quality,
Health and Human Services, Juvenile Justice and Delinquency
Prevention, Revenue, Transportation, and the Office of the
Governor). This prohibition covers those vendors and
contractors who:
(1) have a contract with a governmental agency; or
(2) have performed under such a contract within the past
year; or
(3) anticipate bidding on such a contract in the future.
For additional information regarding the specific requirements and
exemptions, vendors and contractors are encouraged to review
Executive Order 24 and G.S. Sec. 133-32.
Executive Order 24 also encouraged and invited other State
Agencies to implement the requirements and prohibitions of the
Executive Order to their agencies. Vendors and contractors
should contact other State Agencies to determine if those
agencies have adopted Executive Order 24.”
DocuSign Envelope ID: 70D8DD00-0712-4FFB-A412-CD2A7FF1E38B
Attachment B
DEQ Contract 8035
1
Regional Recycling Infrastructure Grant
REQUEST FOR PROPOSALS
N.C. Department of Environmental Quality
Division of Environmental Assistance and Customer Service
The purpose of this grant program is to assist local governments and private recycling businesses in
expanding or developing recycling infrastructure to serve multi-county regions in North Carolina. The
Division of Environmental Assistance and Customer Service (DEACS) administers the Regional Recycling
Infrastructure Grant through the Solid Waste Management Outreach Program.
With the release of this Request for Proposals (RFP), DEACS is seeking proposals for the funding of
recycling infrastructure within the state. Applicants should carefully read this entire RFP prior to
submitting a proposal. Please address any questions to Matt James at 919-707-8133 or
matt.james@ncdenr.gov.
Regional Recycling Infrastructure Program Description:
DEACS is seeking applications for Regional Recycling Infrastructure Grants. The purpose of this grant
funding is to help increase recycling program efficiency for customers that are distant from processors
or end markets. Grant funds are intended to assist with the creation and development of regional
recycling consolidation or sortation points that serve regional, multi-county recycling customers—public
or private. Through consolidation of recyclables and/or pre-sorting (separating basic material streams),
it is anticipated that participating organizations will add value to their recycling programs by creating
economies of scale and enhanced recyclable product value.
The following stipulations apply for any project to be eligible for funding:
x The recycling system created must serve more than one local government residential recycling
program across multiple counties. At least one of the participating organizations must
contribute the matching funds associated with the project, however projects with multiple
organizations contributing matching funds will be given priority;
x The applicant(s) must make upgrades to or develop new infrastructure at a material recovery
facility (MRF) or recycling transfer station that will expand their capacity to be able to service
customers from multiple counties; and
x The applicant(s) for Regional Recycling Grant funding must have communicated with a member
of the DEACS Local Government Assistance Team to discuss project parameters prior to
submitting a grant proposal.
Available Funding, Grant Award Amount and Cash Match Requirement:
Available Funding: DEACS plans to offer grants through the Regional Recycling Infrastructure Grant
Program on an ongoing basis for the duration of the funding availability. It is anticipated only a limited
number of Regional Recycling Grants will be funded during any given fiscal year. Approved applications
will be funded in the order in which they were received and approved. Grant contracts will only be
initiated once all application requirements are met and the project is approved by DEACS staff. In the
event that funding is not available when an application is submitted, DEACS will place applicants on a
DocuSign Envelope ID: 70D8DD00-0712-4FFB-A412-CD2A7FF1E38B
Attachment B
DEQ Contract 8035
2
waiting list and reevaluate submitted proposals as soon as funds become available. There is no due date
for applications.
Grant Award Amounts: Applicants for Regional Recycling Infrastructure Grants are eligible for up to
$80,000 in state funding. Upon consideration of the proposals received, DEACS reserves the right to
award grant amounts that are lower than the amount requested by an applicant. Contract execution
and disbursement of grant funds are contingent upon the availability of funds to DEACS for this purpose.
Grant funding will be paid through reimbursements of the grantee’s expenditures.
Cash Match Requirement: Grant winners must provide a cash match equivalent to 20 percent of the
requested grant funding. For example, a grantee under this program receiving $80,000 from DEACS
must spend an additional $16,000 of local funds on the project.
Allowable Grant Projects:
All projects must be used to enhance or develop a recycling transfer station or MRF that serves
organizations from multiple counties. Examples for uses of funding:
x Sortation equipment purchases and installation
x Site development costs
x Capital improvements to facilities
Unallowable Uses of Grant Funds:
x Employee salaries
x Studies or work by consultants
x Administrative expenses or overhead costs
x Contracted collection, hauling, or processing costs
x Land acquisition costs
Eligible Entities:
Multi-party projects involving more than two local governments or private-sector recycling businesses
are strongly encouraged. Any local government or private-sector recycling business participating in a
regional or multi-party project proposal may not submit additional proposals to the Regional Recycling
Infrastructure Grant program.
x Local government – A local government is defined as a county, municipality, council of
governments, or solid waste authority in North Carolina.
x Private-sector recycling business – A recycling business is defined as a business or a nonprofit
organization that accepts, collects, and/or recycles materials from outside sources to create a
value-added feedstock for intermediary processing or end-use recycled product manufacturing.
Recycling businesses must partner with at least one local government on this project in order to
be eligible for grant funding.
Primary Applicant Requirement:
Each grant application should identify one grant manager from one of the involved parties. The contract
manager will be the point of contact for the grant project and the intermediary between DEACS and the
group of applicants. The primary applicant’s organization will receive the grant reimbursements and will
DocuSign Envelope ID: 70D8DD00-0712-4FFB-A412-CD2A7FF1E38B
Attachment B
DEQ Contract 8035
3
be responsible for allocating that reimbursement to the appropriate organizations based on their
financial commitment outlined in the Letter of Commitment.
Contract Period:
The contract period for this grant is one year. The applicant must expend funds and submit a final
report within the contract period unless the time is extended by written agreement between the
applicant and the N.C. Department of Environmental Quality. Requests for no-cost time extensions
must be submitted to the DEACS staff contact at least 60 days prior to the contract expiration date.
Funds not expended by the end of year one will be forfeited.
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 matt.james@ncdenr.gov. Please submit
electronic versions as Microsoft Word (preferred) or Adobe (PDF) attachments.
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 the required information will be deemed
inadequate and not considered for funding:
x Project Title
x Applicant Contact Information: to include the following:
9 Name and title of main contact
9 Organization
9 Address
9 Phone number
9 Fax number
9 E-mail address
x Date of Proposal Submittal: this must be the date of submission of proposal to DEACS
x Letter of Commitment from Each Partner in the Project: Each letter of commitment should
identify the financial obligation of each applicant in order to meet the cash match requirement.
The letter of commitment should also identify the primary applicant who will be the grant
manager and point of contact for the entire grant project.
x Project Description: Detailed Description of Proposed Grant Project including:
9 List of public recycling programs that will use transfer station or MRF
9 List of private-recycling businesses that will use the transfer station or MRF
9 List of each recyclable material to be accepted
9 Anticipated processor of recyclables collected
9 Operational details for the system including who will operate system (public employees
vs. contract operated) and who will haul recyclables to the recipient MRF
9 Number of jobs created by the project (jobs are not a scoring criterion but a useful
metric to measure)
DocuSign Envelope ID: 70D8DD00-0712-4FFB-A412-CD2A7FF1E38B
Attachment B
DEQ Contract 8035
4
x Project Timeline: Bulleted list showing project milestones and general implementation dates
(note: project must be complete in one year).
x Project Budget: to include the following:
9 Itemized intended expenditures
9 Funds requested from the state
9 Matching funds from the applicant
9 Quote(s) for budgeted items
Grant Selection Process:
The selection committee made up of DEACS staff will use the pre-established criteria below to evaluate
proposals and make award decisions. Applicants are encouraged to consider the award criteria as they
develop their grant proposals.
1. Operational Planning & Experience (0-25 points): Does the proposal indicate sufficient
operational planning to ensure the success of the proposed project? Does the applying
organization demonstrate sufficient experience to ensure they can execute the project? How
well does the proposal address the essential elements of material handling for the specified
region?
2. Market & Infrastructure Need (0-25 points): How well does the proposal address the
recycling infrastructural and market needs of the specified region?
3. Impact on Waste Stream (0-25 points): Does the proposed project lead to a definitive impact
on the amount of material recycled?
4. Partnership Projects (0-15 points): Does the proposed project include financial commitment by
multiple private-recycling businesses or local government recycling programs? Are letters of
commitment for each partner in the project included in the application?
5. Budget (0-10 points): Is the budget clear and reasonable? Are the specific proposed
expenditures in line with normally expected item costs? Does the proposal include official
quotes from vendors for proposed project? Note: official quotes are required components of
the application.
If Your Proposal is Selected for Funding:
Applicants selected for funding will be notified by a DEACS staff member. The applicant must accept or
decline the offer of grant funding. The following will occur once the offer is accepted:
x DEACS will conduct a compliance review with the Division of Waste Management (this may
occur before offer is accepted).
x Where appropriate and as needed, the applicant must work with DEACS staff to develop a final
proposal. As noted earlier, any changes to initial proposals must approved by DEACS and the
applicant.
x Successful applicants will be required to provide their federal tax ID number.
DocuSign Envelope ID: 70D8DD00-0712-4FFB-A412-CD2A7FF1E38B
Attachment B
DEQ Contract 8035
5
x Successful applicants will also 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: http://eprocurement.nc.gov/.
x DEACS will submit a request through the DEQ contract processing system for a grant contract.
x Private recycling businesses will be required to include the following:
o Provide your company’s federal DUNS Number (http://fedgov.dnb.com/webform)
o Complete No Overdue Taxes Certification with notarized signature
(https://deq.nc.gov/conservation/recycling-business-assistance/financing/grants/forms)
o Complete Conflict of Interest Certification with notarized signature
(https://deq.nc.gov/conservation/recycling-business-assistance/financing/grants/forms)
NOTE: Successful applicants that make purchases before a grant contract is signed by both DEQ and
the grant recipient will not be reimbursed.
Other general terms and conditions:
Terms and conditions will be outlined in the grant contract.
x 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 satisfaction of the N.C.
Division of Waste Management (DWM) prior to any grant being awarded. Applicants with
outstanding NOVs are responsible for providing DEACS with information from DWM indicating
that the community is in compliance and that the NOVs have been corrected before a grant
contract can be initiated.
x Companies on the N.C. Office of State Budget and Management’s Suspension of Funding List
due to failure to complete applicable financial reports for any previous North Carolina state
agency grant are ineligible to compete unless removed from the list prior to the proposal
deadline. If selected for grant funding, business will be required to certify that they are not
debarred from doing business with any Federal or State department or agency.
x Applicants are responsible for contacting the appropriate state and local regulatory agencies to
obtain information about permitting requirements for the proposed grant project. All
permitting requirements must be satisfied prior to receiving any grant funding. For information
pertaining to the permitting of new solid waste facilities or altering existing permits, contact
DEACS at 919-707-8133.
x As a condition of grant award, DEACS may work with applicants to revise initially submitted
proposals before entering into a contract. 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
Regional Recycling Infrastructure Grant Proposal will become an attachment to the Grant
Contract.
DocuSign Envelope ID: 70D8DD00-0712-4FFB-A412-CD2A7FF1E38B
Attachment B
DEQ Contract 8035
6
x Site Visits – DEACS staff will perform at least one site visit to verify grant-related purchases after
reimbursement is requested.
x Reimbursement – All funds for DEACS grants are distributed on a reimbursement basis.
Requests for reimbursement must include proof that funds were spent for the budgeted items
and include an original receipt marked paid for the purchased equipment or work completed
under the grant project. Vendor contact information must also be provided. Approval of
reimbursement requests are subject to independent DEQ verification of purchases with the
vendors of the equipment or item. Purchases made before a grant contract is signed by both
DEQ and the grant recipient will NOT be reimbursed.
x Final Report – When the grant project is complete, grantees must submit a final report to the
DEACS grant manager.
x Final 10% of Grant Funds – The final 10% of grant funds will be held until an approved final
report has been received by DEACS. The report must be received and approved prior to the end
date of the contract. All final requests for reimbursement must be received within 30 days of
the contract end-date or all remaining grant funds will be forfeited.
x Extensions – No-cost time extensions are possible, but not guaranteed for grant contracts.
Grantees seeking no-cost time extensions must request an extension 60 days prior to the
contract end date; extension requests received less than 60 days prior to the end date may be
denied. The request for extension must indicate 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 new timeline of project milestones and a new budget. Extensions request
templates are available through the assigned DEACS grant project manager.
DocuSign Envelope ID: 70D8DD00-0712-4FFB-A412-CD2A7FF1E38B
Attachment C
DEQ Contract 8035
1
Regional Recycling Infrastructure Grant
REQUEST FOR PROPOSALS
N.C. Department of Environmental Quality
Division of Environmental Assistance and Customer Service
The purpose of this grant program is to assist local governments and private recycling businesses in
expanding or developing recycling infrastructure to serve multi-county regions in North Carolina. The
Division of Environmental Assistance and Customer Service (DEACS) administers the Regional Recycling
Infrastructure Grant through the Solid Waste Management Outreach Program.
With the release of this Request for Proposals (RFP), DEACS is seeking proposals for the funding of
recycling infrastructure within the state. Applicants should carefully read this entire RFP prior to
submitting a proposal. Please address any questions to Matt James at 919-707-8133 or
matt.james@ncdenr.gov.
Regional Recycling Infrastructure Program Description:
DEACS is seeking applications for Regional Recycling Infrastructure Grants. The purpose of this grant
funding is to help increase recycling program efficiency for customers that are distant from processors
or end markets. Grant funds are intended to assist with the creation and development of regional
recycling consolidation or sortation points that serve regional, multi-county recycling customers—public
or private. Through consolidation of recyclables and/or pre-sorting (separating basic material streams),
it is anticipated that participating organizations will add value to their recycling programs by creating
economies of scale and enhanced recyclable product value.
The following stipulations apply for any project to be eligible for funding:
x The recycling system created must serve more than one local government residential recycling
program across multiple counties. At least one of the participating organizations must
contribute the matching funds associated with the project, however projects with multiple
organizations contributing matching funds will be given priority;
x The applicant(s) must make upgrades to or develop new infrastructure at a material recovery
facility (MRF) or recycling transfer station that will expand their capacity to be able to service
customers from multiple counties; and
x The applicant(s) for Regional Recycling Grant funding must have communicated with a member
of the DEACS Local Government Assistance Team to discuss project parameters prior to
submitting a grant proposal.
Available Funding, Grant Award Amount and Cash Match Requirement:
Available Funding: DEACS plans to offer grants through the Regional Recycling Infrastructure Grant
Program on an ongoing basis for the duration of the funding availability. It is anticipated only a limited
number of Regional Recycling Grants will be funded during any given fiscal year. Approved applications
will be funded in the order in which they were received and approved. Grant contracts will only be
initiated once all application requirements are met and the project is approved by DEACS staff. In the
event that funding is not available when an application is submitted, DEACS will place applicants on a
DocuSign Envelope ID: 70D8DD00-0712-4FFB-A412-CD2A7FF1E38B
Attachment C
DEQ Contract 8035
2
waiting list and reevaluate submitted proposals as soon as funds become available. There is no due date
for applications.
Grant Award Amounts: Applicants for Regional Recycling Infrastructure Grants are eligible for up to
$80,000 in state funding. Upon consideration of the proposals received, DEACS reserves the right to
award grant amounts that are lower than the amount requested by an applicant. Contract execution
and disbursement of grant funds are contingent upon the availability of funds to DEACS for this purpose.
Grant funding will be paid through reimbursements of the grantee’s expenditures.
Cash Match Requirement: Grant winners must provide a cash match equivalent to 20 percent of the
requested grant funding. For example, a grantee under this program receiving $80,000 from DEACS
must spend an additional $16,000 of local funds on the project.
Allowable Grant Projects:
All projects must be used to enhance or develop a recycling transfer station or MRF that serves
organizations from multiple counties. Examples for uses of funding:
x Sortation equipment purchases and installation
x Site development costs
x Capital improvements to facilities
Unallowable Uses of Grant Funds:
x Employee salaries
x Studies or work by consultants
x Administrative expenses or overhead costs
x Contracted collection, hauling, or processing costs
x Land acquisition costs
Eligible Entities:
Multi-party projects involving more than two local governments or private-sector recycling businesses
are strongly encouraged. Any local government or private-sector recycling business participating in a
regional or multi-party project proposal may not submit additional proposals to the Regional Recycling
Infrastructure Grant program.
x Local government – A local government is defined as a county, municipality, council of
governments, or solid waste authority in North Carolina.
x Private-sector recycling business – A recycling business is defined as a business or a nonprofit
organization that accepts, collects, and/or recycles materials from outside sources to create a
value-added feedstock for intermediary processing or end-use recycled product manufacturing.
Recycling businesses must partner with at least one local government on this project in order to
be eligible for grant funding.
Primary Applicant Requirement:
Each grant application should identify one grant manager from one of the involved parties. The contract
manager will be the point of contact for the grant project and the intermediary between DEACS and the
group of applicants. The primary applicant’s organization will receive the grant reimbursements and will
DocuSign Envelope ID: 70D8DD00-0712-4FFB-A412-CD2A7FF1E38B
Attachment C
DEQ Contract 8035
3
be responsible for allocating that reimbursement to the appropriate organizations based on their
financial commitment outlined in the Letter of Commitment.
Contract Period:
The contract period for this grant is one year. The applicant must expend funds and submit a final
report within the contract period unless the time is extended by written agreement between the
applicant and the N.C. Department of Environmental Quality. Requests for no-cost time extensions
must be submitted to the DEACS staff contact at least 60 days prior to the contract expiration date.
Funds not expended by the end of year one will be forfeited.
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 matt.james@ncdenr.gov. Please submit
electronic versions as Microsoft Word (preferred) or Adobe (PDF) attachments.
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 the required information will be deemed
inadequate and not considered for funding:
x Project Title
x Applicant Contact Information: to include the following:
9 Name and title of main contact
9 Organization
9 Address
9 Phone number
9 Fax number
9 E-mail address
x Date of Proposal Submittal: this must be the date of submission of proposal to DEACS
x Letter of Commitment from Each Partner in the Project: Each letter of commitment should
identify the financial obligation of each applicant in order to meet the cash match requirement.
The letter of commitment should also identify the primary applicant who will be the grant
manager and point of contact for the entire grant project.
x Project Description: Detailed Description of Proposed Grant Project including:
9 List of public recycling programs that will use transfer station or MRF
9 List of private-recycling businesses that will use the transfer station or MRF
9 List of each recyclable material to be accepted
9 Anticipated processor of recyclables collected
9 Operational details for the system including who will operate system (public employees
vs. contract operated) and who will haul recyclables to the recipient MRF
9 Number of jobs created by the project (jobs are not a scoring criterion but a useful
metric to measure)
DocuSign Envelope ID: 70D8DD00-0712-4FFB-A412-CD2A7FF1E38B
Attachment C
DEQ Contract 8035
4
x Project Timeline: Bulleted list showing project milestones and general implementation dates
(note: project must be complete in one year).
x Project Budget: to include the following:
9 Itemized intended expenditures
9 Funds requested from the state
9 Matching funds from the applicant
9 Quote(s) for budgeted items
Grant Selection Process:
The selection committee made up of DEACS staff will use the pre-established criteria below to evaluate
proposals and make award decisions. Applicants are encouraged to consider the award criteria as they
develop their grant proposals.
1. Operational Planning & Experience (0-25 points): Does the proposal indicate sufficient
operational planning to ensure the success of the proposed project? Does the applying
organization demonstrate sufficient experience to ensure they can execute the project? How
well does the proposal address the essential elements of material handling for the specified
region?
2. Market & Infrastructure Need (0-25 points): How well does the proposal address the
recycling infrastructural and market needs of the specified region?
3. Impact on Waste Stream (0-25 points): Does the proposed project lead to a definitive impact
on the amount of material recycled?
4. Partnership Projects (0-15 points): Does the proposed project include financial commitment by
multiple private-recycling businesses or local government recycling programs? Are letters of
commitment for each partner in the project included in the application?
5. Budget (0-10 points): Is the budget clear and reasonable? Are the specific proposed
expenditures in line with normally expected item costs? Does the proposal include official
quotes from vendors for proposed project? Note: official quotes are required components of
the application.
If Your Proposal is Selected for Funding:
Applicants selected for funding will be notified by a DEACS staff member. The applicant must accept or
decline the offer of grant funding. The following will occur once the offer is accepted:
x DEACS will conduct a compliance review with the Division of Waste Management (this may
occur before offer is accepted).
x Where appropriate and as needed, the applicant must work with DEACS staff to develop a final
proposal. As noted earlier, any changes to initial proposals must approved by DEACS and the
applicant.
x Successful applicants will be required to provide their federal tax ID number.
DocuSign Envelope ID: 70D8DD00-0712-4FFB-A412-CD2A7FF1E38B
Attachment C
DEQ Contract 8035
5
x Successful applicants will also 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: http://eprocurement.nc.gov/.
x DEACS will submit a request through the DEQ contract processing system for a grant contract.
x Private recycling businesses will be required to include the following:
o Provide your company’s federal DUNS Number (http://fedgov.dnb.com/webform)
o Complete No Overdue Taxes Certification with notarized signature
(https://deq.nc.gov/conservation/recycling-business-assistance/financing/grants/forms)
o Complete Conflict of Interest Certification with notarized signature
(https://deq.nc.gov/conservation/recycling-business-assistance/financing/grants/forms)
NOTE: Successful applicants that make purchases before a grant contract is signed by both DEQ and
the grant recipient will not be reimbursed.
Other general terms and conditions:
Terms and conditions will be outlined in the grant contract.
x 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 satisfaction of the N.C.
Division of Waste Management (DWM) prior to any grant being awarded. Applicants with
outstanding NOVs are responsible for providing DEACS with information from DWM indicating
that the community is in compliance and that the NOVs have been corrected before a grant
contract can be initiated.
x Companies on the N.C. Office of State Budget and Management’s Suspension of Funding List
due to failure to complete applicable financial reports for any previous North Carolina state
agency grant are ineligible to compete unless removed from the list prior to the proposal
deadline. If selected for grant funding, business will be required to certify that they are not
debarred from doing business with any Federal or State department or agency.
x Applicants are responsible for contacting the appropriate state and local regulatory agencies to
obtain information about permitting requirements for the proposed grant project. All
permitting requirements must be satisfied prior to receiving any grant funding. For information
pertaining to the permitting of new solid waste facilities or altering existing permits, contact
DEACS at 919-707-8133.
x As a condition of grant award, DEACS may work with applicants to revise initially submitted
proposals before entering into a contract. 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
Regional Recycling Infrastructure Grant Proposal will become an attachment to the Grant
Contract.
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Attachment C
DEQ Contract 8035
6
x Site Visits – DEACS staff will perform at least one site visit to verify grant-related purchases after
reimbursement is requested.
x Reimbursement – All funds for DEACS grants are distributed on a reimbursement basis.
Requests for reimbursement must include proof that funds were spent for the budgeted items
and include an original receipt marked paid for the purchased equipment or work completed
under the grant project. Vendor contact information must also be provided. Approval of
reimbursement requests are subject to independent DEQ verification of purchases with the
vendors of the equipment or item. Purchases made before a grant contract is signed by both
DEQ and the grant recipient will NOT be reimbursed.
x Final Report – When the grant project is complete, grantees must submit a final report to the
DEACS grant manager.
x Final 10% of Grant Funds – The final 10% of grant funds will be held until an approved final
report has been received by DEACS. The report must be received and approved prior to the end
date of the contract. All final requests for reimbursement must be received within 30 days of
the contract end-date or all remaining grant funds will be forfeited.
x Extensions – No-cost time extensions are possible, but not guaranteed for grant contracts.
Grantees seeking no-cost time extensions must request an extension 60 days prior to the
contract end date; extension requests received less than 60 days prior to the end date may be
denied. The request for extension must indicate 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 new timeline of project milestones and a new budget. Extensions request
templates are available through the assigned DEACS grant project manager.
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Attachment D
DEQ Contract 8035
A recipient or subrecipient shall comply with the all rules and reporting requirements established by
statute or administrative rules found in 09 NCAC Subchapter 3M. For convenience, the requirements of
09 NCAC Subchapter 3M.0205 are set forth in this Attachment.
Reporting Thresholds.
There are three reporting thresholds established for recipients and subrecipients receiving State awards
of financial assistance. The reporting thresholds are:
(1) Less than $25,000 – A recipient or subrecipient that receives, hold, uses, or expends
State financial assistance in an amount less than twenty-five thousand dollars ($25,000)
within its fiscal year must comply with the reporting requirements established by this
Subchapter including:
(A) A certification that State financial assistance received or held was used for the
purposes for which it was awarded; and
(B) An accounting of all State financial assistance received, held, used, or expended.
(2) $25,000 up to $500,000 -A recipient or subrecipient that receives, holds uses, or expends
State financial assistance in an amount of at least twenty-five thousand ($25,000) but
less than five hundred thousand dollars ($500,000) within its fiscal year must comply with
the reporting requirements established by this Subchapter including:
(A) A certification that State financial assistance received or held was used for the
purposes for which it was awarded; and
(B) An accounting of all State financial assistance received, held, used, or expended.
(C) A description of activities and accomplishments undertaken by the recipient,
including reporting on any performance measures established in the contract.
(3) Greater than $500,000 – A recipient or subrecipient that receives, holds, uses, or
expends State financial assistance in the amount equal to or greater than five hundred
thousand dollars ($500,000) within its fiscal year must comply with the reporting
requirements established by this Subchapter including:
(A) A certification that State financial assistance received or held was used for the
purposes for which it was awarded; and
(B) An accounting of all State financial assistance received, held, used, or expended.
(C) A description of activities and accomplishments undertaken by the recipient,
including reporting on any performance measures established in the contract.
(D) A single or program-specific audit prepared and completed in accordance with
Generally Accepted Government Auditing Standards, also known as the Yellow
Book.
Other Provisions:
1. All reports shall be filed with the disbursing agency in the format and method specified by the agency
no later than three (3) months after the end of the recipient's fiscal year, unless the same information is
already required through more frequent reporting. Audits must be provided to the funding agency no
later than nine (9) months after the end of the recipient’s fiscal year.
2. Unless prohibited by law, the costs of audits made in accordance with the provisions of 09 NCAC 03M
.0205 shall be allowable charges to State and Federal awards. The charges may be considered a
direct cost or an allocated indirect cost, as determined in accordance with cost principles outlined in
the Code of Federal Regulations, 2CFR Part 200. The cost of any audit not conducted in accordance
with this Subchapter shall not be charged to State awards.
3. Notwithstanding the provisions of 09 NCAC 03M .0205, a recipient may satisfy the reporting
requirements of Part (3)(D) of this Rule by submitting a copy of the report required under the federal
law with respect to the same funds.
4. Agency-established reporting requirements to meet the standards set forth in this Subchapter shall be
specified in each recipient's contract.
Notice of Certain Reporting and Audit Requirements
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Attachment 1
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Project Title:
Separating glass bottles and jars from single stream recycling at drop-off sites, convenience
centers and commercial locations to improve recycling value and processing efficiency.
Applicant Contact Information
Name & Title of Main Contact: Evan Brown, Recycling Operations Manager
Organization: Orange County Solid Waste Management
Address: PO Box 17177, Chapel Hill NC 27516
1207 Eubanks Road Chapel Hill NC 27516
Phone Number: (919) 968-2788
Fax Number: (919) 932-2900
E-mail address: ebrown@orangecountync.gov
Date of Proposal Submittal: July 8, 2019
Letter of Commitment from each partner: Attached
Project Description: Detailed description of proposed grant project
This is a multi-phase, multi-County project to institute a program change wherein residents and
businesses in Orange County separate glass bottles and jars from other recyclables. Durham and
Alamance County will participate by bringing source-separated glass collected at their staffed sites to
recycle with Orange County’s glass. The glass will then be shipped to Strategic Materials in Wilson, NC
that has stated interest in purchasing separated glass bottles and jars. (Attachment 1)
Currently, glass bottles and jars are recycled in the Counties’ various single-stream recycling programs
mixed with other recyclable materials. With drastically changing markets, higher processing costs and
increases in contamination driving higher costs to the Counties’ recycling collection programs, Orange
County has developed a plan to separate glass bottles and jars program-by-program, The plan begins
with a pilot project at commercial sites, then adds Waste and Recycling Centers(Convenience) followed
by unstaffed drop-off sites, and finally expanding to all commercial locations that have mostly glass in
their recycling streams, e.g. bars and restaurants. Future phases not covered under this grant proposal
include the other commercial sites without much glass, multi-unit housing and single family programs.
Both Alamance and Durham Counties have committed to bring source-separated glass from their
convenience center sites at this time. (Attachments 2 &3)
List of Public recycling programs that will use the transfer station or MRF:
Orange County Solid Waste Management, Durham County Solid Waste, Alamance County Solid Waste,
List of private recycling businesses that will use the transfer station:
The list is unknown at this time, but Orange County will plan to advertise the availability of this
opportunity for dropping off source-separated glass bottles and jars throughout the County and
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encourage its partners in Alamance and Durham to do the same. Orange County will operate a
controlled staffed site and schedule any material drop-offs so that it can be observed.
Anticipated Processor of Recyclables collected: Strategic Materials, Wilson NC. Strategic processes
color-sorts and sells glass cullet for use in making bottles, fiberglass insulation, sand blasting media,
beads for reflective highway paint and other industrial products.
Operational details for the system: Who will operate the system, who will haul recyclables to the MRF
Orange County Solid Waste Management will be the primary system operator with Alamance and
Durham Counties using the Eubanks Rd drop-off point to deliver their separated glass containers.
Orange County SWMD recycling collection staff will also be collecting separated glass containers from its
commercial locations, drop-off sites and staffed Waste and Recycling Centers as well as, in a future
project phase, multi-unit housing (MUH) and non-glass-heavy commercial sites. Orange County SWMD
will load and haul glass containers to Strategic Materials in Wilson, NC using its own road tractor and
driver with a self-dumping trailer that is to be purchased with grant funds. Strategic has stated interest
in buying source-separated glass containers from Orange County paying up to $20 per ton for high
quality material with minimal contamination.
Number of jobs created: 0-1. Orange County intends to perform the work of collecting source separated
glass and hauling it to Wilson with no additional employees. We do not expect any of the partners
involved to add employees either. Strategic Materials is a highly automated facility and their operational
staff indicated that some additional tonnage from Orange County and the surrounding partners would
not generate any new jobs. It is possible that the increase in overall economic activity may generate a
job via the “multiplier effect’ .
The table on the following page shows a projection of how many tons of glass may be collected monthly
from Orange County, assuming 100% participation in each program. Tonnages are based on the recent
Orange County recycling composition study showing the percentage of glass containers by weight in the
recycling stream and total tons extrapolated from eleven months of FY 18-19. Durham County projects
up to nine tons of glass per month from its two sites. We have no data on Alamance County at this time.
REMAINDER OF THIS PAGE INTENTIONALLY BLANK
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Table 1
Estimate of Tonnage and Avoided Cost at MRF by diverting Glass Containers from single stream
collected in Orange County programs.
County Recycling
Source
AVG Total Single
Stream Tons Per
Month (FY1819
July-May)
Percent of Glass
Found within
Source (Based on
Recycling Comp.
Study)
Tons That Could be
Diverted monthly
@ 100% Diversion
Processing Cost Savings
at $105 Per Ton
MRF tipping fee
Commercial 75 48.1% 36 $3,780
Drop-off Sites 86 27.2% 23.3 $2,447
Waste &
Recycling Centers 91 27.6% 25.1 $2,637
Multi-Family 82 21.0% 17.2 $1,806
Rural Routes 263 16.1% 42.3 $4,442
Urban Routes 473.0 14.2% 67.1 $7,046
TOTAL MONTHLY PROCESSOR SAVINGS DUE TO DIVERSION OF GLASS IN ALL
SOURCES (based on 210.9 tons/month)
$22,158
Plus net monthly
revenue for glass sold
$2,089
TOTAL MONTHLY PROCESSOR SAVINGS DUE TO 2019 GLASS DIVERSION PROJECT
PLAN from (Commercial + Unmanned Drop-off Site+ W&R Centers)
based on 84.4 tons/month.
$8,864
Plus net monthly
revenue for glass sold
$836
Project timeline:
Phase 1 Pilot Projects
February – June 2019
February 2019, pilot glass separation project established at Ardmore Apartments Cates Creek in
Hillsborough NC. This 240-unit apartment complex was adopted for the pilot program because the
apartment management agreed to use Orange County as its new recycling service provider and County
saw an opportunity to try its first glass separation from single stream recycling by providing a separate
set of roll carts labeled for glass bottles and jars only from a set of carts for single stream recycling
without glass bottles and jars. Residents were started on their new recycling program with separated
glass and before starting were informed by management in concert with Orange County of this program.
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Apartment manager sent e-mails to tenants; subsequently the County provided door-to-door
information (see attachment 5) and offered free, washable tote bags to the first thirty homes to sign up.
That site now generates about 1,300 pounds of source separated high quality glass a month. (3 carts of
glass every two weeks – see attachment 4)
April – June 2019 Additional pilot sites added from April through June include two commercial
complexes with a preponderance of glass bottles and jar generators – restaurants and bars - complexes
in Carrboro, and a new mixed use apartment and commercial complex also in Carrboro (see attachment
4). Those sites became operational as of the end of June. The two ‘glass-heavy’ commercial sites are
now yielding a total of up to about 8 carts (~1,600 lbs.) of source-separated glass weekly. County--
generated educational material used for outreach at commercial sites (Attachment 5).
Phase 2 Staffed Drop-off sites/Waste and Recycling Centers
July- September 2019
Pilot at two staffed waste and recycling centers providing new roll-off containers, advanced publicity
and on-site public education to encourage glass separation by site users; followed by implementation at
the other three staffed sites by September 2019.
Phase 3 Unstaffed Drop-off Sites
September – October 2019
Pilot separated glass roll-offs at two of four unstaffed drop-off sites, signage placed at sites 1 month in
advance to educate the public that on “this date glass only boxes are coming” along with on-site public
education urging the public to participate. As long as the staffed sites are successful we will look to do
this at our unstaffed sites. The other two unstaffed sites could be added in November.
Phase 4A “Glass-Heavy” Commercial
September – November 2019
Confirm the location, placement of carts, and number of carts needed at each commercial site. Check
route list to see which stops would be considered “glass heavy” (i.e. restaurants, bars). Replace some
existing older carts with new carts, especially for glass to ensure long-term use. Separating glass out
from our main commercial pickups will change recycling at these commercial locations and remaining
single stream material may be collected less frequently and compacted more
Letters are to be sent to each property manager and to business owner(s) to distribute to their tenants
informing them of the change to another set of glass-only carts. Site visits will be done to evaluate the
number of “glass-only” carts needed and remove any single stream carts as necessary. Outreach and
education to be completed at all the affected businesses. Carts will be delivered. Glass-only route will
be established initially the using existing fleet.
Note: This step will serve as a precursor to deciding what the commercial route looks like moving
forward. It may evolve into a glass-only route with single-stream being secondary. We anticipate
needing to look into a more cost effective approach to service glass-only commercial route rather than
having an extra truck/route for it in FY19-20.
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//////////////////////////////////////////////////////////////////////////////////////////////////////////
NOTE: Grant funding stops here. Further phases are conducted using County funds, equipment and employees.
Phase 4B – Remaining Commercial
November – January 2020
Confirm the location, placement of carts, and number of carts needed at each remaining, non-glass-
heavy commercial location. November 2019 through January 2020 - All other commercial locations that
have not been transitioned to glass-only will be added to the program at this time. This step closes the
gap and completes the commercial segregated glass initiative.
Letters will be sent to property managers and business owners to distribute to their tenants informing
them of the glass-only carts. A site visit will be organized to evaluate the number of glass-only carts
needed and if removal of any single stream carts is necessary. Outreach and education will be
conducted at the newly engaged sites. New carts will be delivered where needed.
Phase 5 – Multi-unit housing
January – February 2020
Based off the previous 4 phases an evaluation of our multi-unit housing locations will be conducted
during January. By February of 2020 we can then determine if we want to continue to spread the glass-
on-the-side initiative to our multi-unit dwellings or stop with commercial.
Overall Project budget Phases 1-4A
This assumes no new labor required (except for temporary outreach labor), assuming that Alamance and
Durham Counties are included and also a total of 500 new roll carts are acquired along with a self-
dumping hauling trailer, site signs, banners and educational handouts, new concrete pad for glass
dumping and loading, refurbishment of 13 existing roll-off containers to accommodate new signs and
decals, one new roll off container for Alamance County. Table 2 immediately below shows all costs for
Phases 2-4A, regardless of the source of funding. The request from DEACS on Table 3, follows, with each
County’s match detailed below that.
Table 2 Itemized Project Costs (regardless of who pays)
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Self dumping hauling trailer 46,700$
500 roll carts @ $46.50/ea 23,250$
site signs for 150 commercial sites @$44.33 ea. 6,650$ 11,475$ outreach hardware total
installation of site signs @ 0.5 hr.sign + $3/ea hardware 1,575$
banners for eleven sites @ 150 1,650$
Printed handouts 40,000 $0.04/ea. 1,600$
Repainting 10 containers Orange Co. 4,000$
refurbishing 3 containers Durham 3,100$
one new rolloff delivered Alamance 7,300$
Decorating 14 containers 17,780$ three durham, one alamance, ten orange
concrete pad 10,400$
handing out literature 2,700$ Five sites, three weekends 4,140$
labor @ 15/hour 1,440$ Four sites, three weekends
Total 128,145$
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Final Budget Table
Item Grant Award Local Match Total
Concrete Pad $8,320 $1,664 $9,984
Trailer $7,780 $1,556 $9,336
$16,100 $3,220 $19,320
-- END PROPOSAL, attachments follow --
Attachments (13)
1. Letter of Commitment from Strategic Materials to Buy Glass .
2. Letter of participation from Durham County to bring glass to Orange County and participate.
3. Letter of commitment from Alamance County to buy roll off and participate.
4. Photographs of pilot projects for Glass-on-the-Side
5. Copy of poster and handout used at pilot commercial glass sites. (Each business received this.)
6. Quote for concrete pad
7. Quote for self-dumping trailer
8. Quote for roll-off container purchase (for Alamance County)
9. Quote for roll carts
10. Quote for refurbishing roll-offs at Durham County
11. Estimate for refurbishing and painting roll-offs for Orange County
Below not for this grant
12. Quote for “Recycle Glass” signs for commercial locations NOTE: sign to use for ~150 more
commercial glass collection sites.
13. Quote for design, decals & decoration of ‘Glass Only’ Containers
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