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HomeMy WebLinkAbout2020-195-E Solid Waste - Glass Recycling Coalition grant DocuSign Envelope ID: E328EA9A-009A-4026-A499-47B1449F20D1 Glass Recycling Coalition Equipment and Infrastructure Reimbursement Matching Grant Letter Agreement Glass Recycling Coalition (GRC) Dear Mr. Pollock, Congratulations. GRC has reviewed your Reimbursement Matching Grant Application and is pleased to offer a reimbursement opportunity for qualified expenses to increase glass recycling. Your organization is commended for its efforts in applying for this competitive grant opportunity and increasing glass recycling. Please sign this letter of agreement to receive reimbursement consideration. ------------------------------------------------------------------------------------------------------------------------------- This Letter of Agreement is made and entered into by and between the Glass Recycling Coalition (GRC) and Orange County, North Carolina, hereinafter referred to as the Grantee: WHEREAS the Grantee has applied to GRC for a GRANT for specific funding to improve glass recycling programs through increased infrastructure, access, and marketing, and, GRC, an unincorporated, peer- membership organization representing the glass recycling value chain, has considered the application from the Grantee ("Application") and GRC may have available funds to grant in exchange for increases in infrastructure, and access, for marketing of glass; and, WHEREAS the representations of the Grantee in the attached application has led GRC to the determination that the grantee's activities and equipment/infrastructure requests meet the goals of the GRC for awarding this grant; and, WHEREAS the members of GRC have given the GRC Interventions Committee the authority to recommend Grants for forward to all of GRC's membership to approve such grants; and, WHEREAS this Grant is a "Reimbursement Matching Grant", based on documented equipment and infrastructure expenditures which occur after the execution of this document, where the Grantee provides proper source documentation of said expenditures to GRC in accordance with the terms of this agreement; and, WHEREAS,the Grantee agrees to perform in compliance with the terms, promises, conditions, and assurances as outlined in the Grantee's October 15, 2019 Application to GRC (a copy of which is attached hereto as Exhibit A); and, WHEREAS, Grantee has represented it is highly qualified and experienced, and is able to perform the activities described in the Application attached to this Agreement, NOW THEREFORE, in consideration of the mutual covenants by and between the parties hereto,the parties in this Letter and the Application agree as follows: 1. GRANTEE REPRESENTATIONS Grantee warrants that: 1. Representations made in the attached application are true and accurate; 1 DocuSign Envelope ID: E328EA9A-009A-4026-A499-47B1449F20D1 2. Grantee is not subject to any judgment or decree of a court of competent jurisdiction or governmental agency that would limit or restrict its right to enter and carry out this Agreement; 3. Neither the execution of this offer letter nor the consummation of its transactions will constitute a breach under any contract or agreement to which it is a party or by which it is bound; 4. Grantee acknowledges that "Pursuant to the federal anti-kickback law (42 U.S.C.A. SEC. 1320a- 7b(b)), neither Borrowers nor their agents shall offer or give any remuneration or thing of value to any person to encourage referral to the grant programs nor will Borrowers or their agents solicit or receive any remuneration or thing of value in exchange for Borrowers' agreement to award a grant or to purchase goods or services for an award of a grant"; 5. Grantee has made no false statements to GRC or any of its employees or agents in the process of obtaining this Agreement; b. The undersigned, designated Grantee signature affixed has the authority to execute this Agreement and commit the Grantee to the performance of their obligations; and, 7. Grantee has received no written notice that any investigation, action or litigation is pending or threatened,which materially and adversely affects this Agreement. 2. AWARD- GRC hereby agrees to provide reimbursements to the Grantee on qualified expenditures for up to one year in an amount not to exceed $10,000, provided GRC funds are available and reimbursement is approved. 1. This Award is a matching fifty percent (50 %) cash reimbursement for qualified expenditures for equipment and infrastructure, as described in the Application: 2. When a written request is submitted for reimbursement eligibility to GRC, disbursement of grant matching reimbursement funds will be the sole responsibility of GRC, its Leadership team, Interventions Committee, and members; 3. The parties understand and agree that all matching reimbursement payments made under this grant award are based on actual costs and are made based upon Grantee's satisfactory performance of Grantee's obligations; Qualified expenses are purchases of infrastructure and/or equipment. Such expenses become eligible for reimbursement upon formal Written Request to GRC after purchase, along with attached source invoice/receipt documentation, provided the matching funds required of Orange County for this grant will be represented by use of six existing 25 cubic yard roll off containers that the Orange County Solid Waste Management Department will repurpose for use exclusively in this program. The containers will be deployed at two staffed and four unstaffed drop off recycling sites.Those type of roofed roll off containers typically cost about $7,000 new and because these are depreciated at varying levels they will be valued at an average of$3,000 each, making a total matching value of$18,000 for the $10,000 grant funds to be received. Upon execution of the grant agreement,the grant funds will be used to refurbish, repaint and provide signs with the Glass Recycling Coalition label on them, for the containers as well as paint and refurbish two to three similar containers to be used in Durham County at their Solid Waste and Recycling Centers for glass collection. Durham's contribution will be their existing roll off containers. 4. Information required in the written request for reimbursement must include: a. Date purchased (noting qualified purchase expenses are only eligible if purchased after this agreement is signed) or date of refurbishment; b. Picture of the infrastructure/equipment purchased or refurbished; C. Intended use and location equipment is deployed; d. Vendor's name and location where the refurbishment occurred; . 2 DocuSign Envelope ID: E328EA9A-009A-4026-A499-47B1449F20D1 e. Estimation of the annual increased tons of glass that will be yield from the expenditures) is also required; and, f. Source Sales Receipt/ refurbishment receipt must be included with the request. g. In addition, GRC reserves the right to request further information and the Grantee is required to provide the information for determination by GRC of whether to reimburse the purchase expense. 5. Costs incurred by the Grantee for items that are not part of the approved items in this agreement, and/or costs in excess of amounts specified in the application will not be considered; 6. Grant at Will/No Guarantee Disclaimer- GRC reserves the right to withhold, cancel, or reject reimbursement of a particular written request for reimbursement under this agreement for any reason whatsoever. Though the intention of GRC is to award up to $10,000 for qualified expenditures, considerations such as GRC eligibility of the requested expense reimbursement, funding, or other material circumstance, may require delay or no payment for the reimbursement request for qualified expenses. 3. Grantee agrees that each reimbursed expense for glass infrastructure and equipment disbursed to the Grantee is a final cash award and the Grantee releases GRC from any other real or implied obligations. 4. TERMS OF THE MATCHING GRANT A. Arms-Length Relationship of the Parties i. The rights and obligations of the parties shall be only those expressly set forth herein. ii. The Grant award is made based on the merits of the GRANTEE Application, representations therein, and interviews subsequent to the application. iii. Grant Agreement Complete- This grant agreement and attached Application contains all negotiations and agreements between GRC and the Grantee. No other understanding regarding this grant agreement, whether written or oral, may be used to bind either party. iv. This Letter expressly is not intended by the parties to constitute or create a joint venture, pooling arrangement, affiliation, association, pay-for-performance subcontract, or formal business organization of any kind. V. No licenses, endorsements, recommendations are granted by either party and are not implied. However, based on the performance of the Grantee, GRC may confer endorsement or recommendation outside this agreement by written request of the Grantee; vi. No implied warranties or covenants are conferred by this award by GRC and should not be implied publicly; vii. GRC is a member-organization and not a business or non-profit entity. As such reimbursement grants made by GRC are member activities to increase glass recycling come from membership funds and/or member donations. All tax and income law implications from reception of reimbursements legally binding to the Grantee are the sole responsibility of the Grantee. B. Cash Reimbursement by Check Payment- Approved disbursement for reimbursement purchase expenditures are paid by check and are administered by the GRC Leadership Committee through Resource Recycling Systems (RRS), a Michigan Corporation. Once reimbursements are approved, Grantee will receive notification of approval and a check with the matching reimbursement approved by GRC. Checks must be cashed within 60 Days of receipt. C. No Grantee Reimbursement Obligation to Buy Further Equipment or Infrastructure- GRC explicitly encourages Grantee to use reimbursed funds for further expansion of glass recycling infrastructure and equipment. However, except if stated in the application, Grantee is under no obligation to use reimbursement for further equipment expenditures. D. Liability and Waiver of Claims- To the fullest extent allowed by law, Grantee agrees to indemnify, defend and hold the GRC harmless from and against any and all liability, loss, and 3 DocuSign Envelope ID: E328EA9A-009A-4026-A499-47B1449F20D1 expense (including reasonable attorneys' fees and expenses) or claims for injury or damages arising out of, or resulting from, or that are alleged to arise out of or result from, from the performance of this grant agreement by the Grantee or the Grantee's agents or employees, including all actions or omissions by the Grantee and/or the Grantee's officers, agents, employees, subgrantees,contractors or subcontractors, with respect to the grant. E. Assignment- This Grant Agreement and any of the rights or obligations under this Grant Agreement may not be assigned without the GRC's prior written consent. 5. GRANTEE AND GRC RESPONSIBILITIES AND RIGHTS A. Recordkeeping and Reports- Grantee will provide to GRC a total monthly glass recycling tonnage report in writing ,within 10-days of the end of the month, on a quarterly basis, and continue doing for 1-year after the last reimbursement award is made for programs receiving reimbursement. Should the Grantee not report as required no further reimbursements will be made. In addition, after 1-year, Grantee will make a final report to the GRC on a form provided by GRC; B. GRC Branding- Grantee will provide location for specified up to 8-inch GRC grant logo or message sticker on equipment whose purchase was reimbursed, if requested by GRC; C. Audit — GRC or its written designee reserve the right to an independent unannounced audit to ensure that reimbursements paid for assets obtained to increase glass recycling. Grantee will cooperate to the fullest extent possible, and upon request, grant access to equipment in question for verification. The Grantee shall keep said books and records in a manner consistent with generally accepted accounting procedures in a common file to facilitate audits and inspections. D. Non-Discrimination: The Grantee shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, age, sex, sexual orientation, military status, or any disability as defined in the Americans with Disabilities Act (ADA). The Grantee shall not, in any manner, discriminate, intimidate or retaliate against any employee on account of race, color, religion, sex, sexual orientation, military status, national origin, disability, age or ancestry. The Grantee shall take affirmative action to ensure that employees are treated during employment, without regard to their race, color, religion, national origin, ancestry, age, sex, sexual orientation, military status, or any disability, as defined in the ADA. Such action shall include, but is not limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, including apprenticeship. E. Compliance with Applicable Laws- The Grantee shall only use granted reimbursed monies for activities in compliance with all applicable federal, state, and local laws, rules, regulations, and ordinances, in addition to the terms of this Agreement. F. Change in Location- The Grantee also affirms, understands, and agrees to immediately notify GRC of any change or shift in the location(s) of services performed by the Grantee or its subcontractors under this Agreement, and no services shall be changed or shifted to a location(s) that are outside of the United States. G. Rights Reserved by GRC- GRC reserves the right, at any time after execution of this Agreement, and with or without cause, to terminate, revise, or extend the grant in whole or in part at any time. Granted Funds under this agreement are not guaranteed unless received by the Grantee. In the event of such termination, the Grantee may be paid for approved expenditures incurred prior to termination. The Grantee has no right to, and shall no claim for, compensation which has not been received. 6. TERM OF THE AGREEMENT This Agreement shall start with the signature of both parties and shall remain in for one-year after the last reimbursement made. 7. TERMINATION OF THE AGREEMENT 4 DocuSign Envelope ID: E328EA9A-009A-4026-A499-47B1449F20D1 Both parties reserve the right, at any time after execution of this Agreement to terminate the program, in whole or in part, upon a sixty (60) day written notification to the other party. In addition, in the event of insolvency, Lack of funds, or dissolution of either party, this Agreement immediately is terminated. 8. ACTS AND OMISSIONS Grantee shall be responsible for its own acts and omissions and will be responsible for any and all damages, costs, and expenses that arise out of the performance of this Agreement and that are due to the Grantee's own negligence, tortious acts, or other conduct or that are due to the negligence, tortious acts, or other conduct of the party's respective agents, officers, or employees. In addition, GRC is a member organization and not a business or non-profit entity, and Grantee acknowledges and will hold GRC harmless for all activities arising out of the performance of this agreement. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by their duly authorized officers. (l, we) have the authority to sign this Agreement and do so in (my/our) respective capacities: Grantee Signature DocuSigned by: Signed: 66itiAn (, RAA�(.YSC Date: 3/13/2020 B637994B755E477..- Authorized Official (I, we) have the authority to sign this Agreement upon written signature and GRC approval of this Agreement, and do so in (my/our) respective capacities as a Leadership Committee Member at GRC: BY: DocuSigned by, Date: 3 11 2020 D Signed: 'ct ,:i� / / F1DC•43BW94D492... Attachment: (Grant Application Request) Exhibit A 5 DocuSign Envelope ID: E328EA9A-009A-4026-A499-47B1449F20D1 0RANGE COUN FY 1'40 •rc-r (-AfE0I3NA SOLID WASTE MANAGEMENT 1207 Eubanks Road Phone(919)968-2788 PO Box 17177 Fax(919)932-2900 Chapel Hill,North Carolina 27516 EX-IIBIT A Memorandum From: Blair Pollock, Solid Taste Planner To: Glass Recycling Coalition Grants Committee Through: Will Sagar,Southeast Recycling Development Council Subject: Revised Grant Proposal for Regional Glass Recycling for Alamance,Durham.and Grange Counties Date: October 15,2019 Orange County Solid Waste Management,on behalf of the counties of Alamance,Durham and Orange,is requesting$10,000 from the GIass Recycling Coalition to fund part of the collection infrastructure to capture separated glass bottles and jars for recycling from the three counties' staffed dropoff sites as well as commercial locations in only Orange County. The funds will be used to repaint,repair,repurpose and reuse a series of rolloff containers in Orange and Durham and fund the additional cost of signage for the new container that Alamance County will acquire for this effort using other funds. The counties are providing matching funds and in-kind labor. Further project funding is also coming from the State of North Carolina Department of Environmental Quality's Division ofEnviromnental Assistance and Customer Service grants for regional recycling infrastructure. We request the funds to be used in the following manner: 1.0range County repaint and restore seven each 30 cubic yard rolloff containers that have been used for single stream recycling and other purposes by the County Solid Waste Department. To make there useful for this separated glass program,the rolloff containers will have to be cleaned out,repaired, sanded,painted and re-signed with custom `Glass Only"signage containing the Glass Recycling Coalition's logo. The containers when finished will appear as represented in the attached photo-represenation.Attachment 1 Grant funds requested for these seven containers: $720 per container or$5,040 total 2.Durham County repaint,repair,resign and:restore three each.30 cubic yard rolloff containers that have been used for other purposes. Based on prior professional assessment these containers require renovation work before painting to be made ready for the program. Grant funds requested for repair and painting of these three containers: $1,453 per container or $4,359 total 3. Alamanee County will purchase one new 30 yard rolloff container for this program with other funds and the funds requested will be to sign the container for use in the glass recycling program Grant funds requested for this container: $365 www.yr a n eecou nt Yn c.go Ire wclI nit DocuSign Envelope ID: E328EA9A-009A-4026-A499-47B1449F20D1 Mr. Robert Williams Solid Waste Director ❑range County Government 1207 Eubanks Road Chapel Hill, NC 27516 July 2, 2019 The Alamance County Austin Quarter Landfill looks forward to partnering with Orange County Solid Waste in a reglonal glass recycling grant offered by the NC Division of Environmental Assistance and Customer Services(DEACS).The duration of the grant is a one year pilot program Alamance County agrees to financial support the program through the purchase of a new dumpster and through procurement of signage, labeling and education handouts for the purpose of public education. In addition,Alamance Courity will assume responsibility and-cost associated with the collection and transport of recyclabfe glass to Orange County facilities- DocuSign Envelope ID: E328EA9A-009A-4026-A499-47B1449F20D1 MEMORANDUM To: Robert Williams,Orange County Solid Waste Director From:Chrls5ie Korcivui,Solid Waste Program Manager Date: 7/2/1.9 Subject: Participation in Glass Recycling Program Durham County is interested in partnering with Orange County to pilot a glass only stream at two of our four Convenience Sites. The two sites are our Redwood and Parkwood Sites,where we are transitioning to recycling compactors in FY20. We will refurbish three "out of service" commingled containers and identify these as"glass only." We have received a quote of$3,1.00 far the refurbishment of the three containers. We will train staff to educate the public on the change and provide additional staff support as needed during the transition. We anticipate the glass only tonnage to be approximately 9 tons per month. From: Koroivul, Chrlssle [mailto:mkorpiygiPdconc aov] Sent:Thursday,July al,2019 8.*07 AM To: Blair Pollock Subject: [EXTERNAL MAIL!] RE: Regional Grant Proposal If the pilot demonstrates that residents are willing to properly separate their glass containers for recycling, Durham County will continue the project. With our move to recycling compaction, we would prefer to leave glass out of that stream for the long tern use of the compactor. We are currently planning to consolidate our other two convenience center sites that are not part of the pilot into a brand new site, and are factoring in a Glass Only dumpster into the new design. CHRISSIE KOROIVUI J SOLID VYA-STE PROGRAM MANAGM 310 S.Dillard Street Durham,North Carolina 27701 Office 4919)560-0442 1 Fax t9191560.0438 m ka r_o ivu_i(a7 d co na.go� Please note that my email address has changed to rnkoroivui@dcone.gov. DocuSign Envelope ID: E328EA9A-009A-4026-A499-47B1449F20D1 Attachment 1 r f Ilene f 'Y _t _ ,• _- ._'~_ -".E s�'� ,t i - -_�. rye'•._ �-"g.tuE��li�'�..-.-. a�. - - .- DocuSign Envelope ID: E328EA9A-009A-4026-A499-47B1449F20D1 One additional set of custom signs as shown in the photo will be included should any community deploy an additional container as the program expands: 8 signs @$221each installed; $176 Total Grant request from Glass Recycling Coalition: $9,940. Summary Table of Request: County #of roll-off Funds requested Comments containers Alamance 1 $365 Container already funded si a e only Durham 3 $4,359 Repurpose 3 existing containers for Glass (range 7 $5,040 Repurpose 7 (of 10 total)existing containers for Glass Extra set of signs 8 signs $176 For additional container if needed by any Count Totals 11 $9,940 Matching other funds from DEQ and Counties These funds will complement the$16,100 in funds authorized in the grant from the North Carolina DEQ to provide a pad for transferring bottles and jars to the hauling trailer and partial funding of the hauling trailer. Other funding coining from Orange County will be the existing l 1 total containers to be repurposed for this project including the full cost of repurposing the first three going into service by September 1 as a pilot project at two staffed sites,all engineering and contracting associated with constructing and operating the transfer pad as well as 201/o of pad costs,all costs of transport of materials and all costs associated with provision of educational materials to the public using the containers. Other funding from Alamance County will include the new rolloff container financed 20%by the County and 80%from repurposed DEQ grant funds,all hauling costs, site supervision costs at the County's recycling location at its landfill and all hauling costs to Orange County. Other funding from Durham County will be provision of three repurposed rolloff containers, all labor and supervision associated with preparing those containers for-renovation,all education and outreach at the two sites and'all hauling costs to Change County. Memoranda of commitment from Alamance and Durham Counties are attached to this request for funding.Attachments 2 and 3. Orange County will be fiscally responsible for these grant funds, their disbursement,and reimbursements upon material purchase and successful deployment. Orange County will also provide information about program performance for a period of one year following program initiation. Program reporting will take place six months following project initiation and after twelve months a final report will be issued.