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HomeMy WebLinkAboutAgenda - 08-15-2000-8oORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: August 15, 2000 Action Agenda Item No. $_ ~ SUBJECT: Acceptance of Buy Recycled Grant DEPARTMENT: Solid Waste Management PUBLIC HEARING: (Y/N) No ATTACHMENTS}: Copy of Grant INFORMATION CONTACT: Information Blair Pollock 968-2800 ext. 161 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: Orange County has received a $4,500 grant from the State of North Carolina Division of Pollution Prevention and Environmental Assisatnce to promote the use and purchase of goods with recycled content by local governments and other public agencies. BACKGROUND: Since the inception of the recycling program, a need to "close the loop" by buying products with recycled content has been emphasized. If there is not a strong market for the recyclables collected, then there is no economic incentive to collect, process, sell and try to reuse the materials. Of the four local governments in the County, only the Town of Chapel Hill has adopted a formal policy to buy products with recycled content. The other three governments in the County have not done so. This grant would secure national and regional experts to assist local government and school system purchasing agents and other government and school system staff involved in purchasing with understanding more about structuring purchasing programs to emphasize use of recycled products. FINANCIAL IMPACT: This grant is for $4,500. The local match is 10% or $450 that will come from the current recycling budget. The funds will be used for printing of materials for surveys and setting up the workshop. A budget amendment to place grant funds in the appropriate accounts will be submitted at a later date. RECOMMENDATION(S): The Manager recommends that the Board accept the grant and proceed with a program and policies to educate staff on use and purchase of products with recycled content. ~~:.. CONTRACT NO. H2O0075 STATE OF NORTH CAROLINA COUNTY OF WAKE CONTRACTOR'S FEDERAL I.D. OR SOCIAL SECURITY NO. 56-6000327 THIS AGREEMENT, made and entered into this 15t day of June, 2000 by and between Orange County Solid 1fVaste Department, hereinafter referred to as "CONTRACTOR", and North Carolina Department of Environment and Natural Resources, hereinafter referred to as "DEPARTMENT"; WITNESS ET H: THAT WHEREAS, the CONTRACTOR has submitted to the DEPARTMENT a proposal for the performance of certain technical or professional services; and WHEREAS, the DEPARTMENT desires to enter into a contract with the CONTRACTOR to perform the services set out in the proposal; NOW, THEREFORE, for and in consideration of the mutual promises to each other; as hereinafter set forth, the parties hereto do mutually agree as follows: 1. The CONTRACTOR hereby agrees to perform in a manner satisfactory to the DEPARTMENT, services far the DPPEA for it's 2000 Buy Recycled efforts as described in Attachment A which is incorporated as part of this contract 2. The DEPARTMENT hereby agrees to pay the CONTRACTOR a sum of money not to exceed FOUR THOUSAND FIVE HUNDRED DOLLARS ($4,500.00), said sum to be full and complete compensation for services rendered under this agreement. (a) Payment for services will be made upon receipt of an invoice from the CONTRACTOR documenting the costs incurred in the performance of work under this contract. (b) Invoices are to be submitted to the Contract Administrator at least quarterly. Final invoices must be received by the DEPARTMENT within 45 days after the end of the contract period. (c) Amended or corrected invoices must be received by the Office of the Controller within six months after the end of the contract period. Invoices received more than 'six months after the end of the contract period will be returned without action. 3. The CONTRACTOR represents that he has, or will secure at his own ~ expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of the DEPARTMENT. 4. The CONTRACTOR shall not substitute key personnel assigned to the performance of this contract without prior approval by the Contract Administrator. The following individual is designated .key personnel for purposes of this contract: Blair Pollack. 2 1 of 5 CONTRACT NO. H2O0075 5. None of the work to be performed under this contract which involves the specialized skill or expertise of the CONTRACTOR or his employees shall be subcontracted without prior approval of the Contract Administrator. In the event the CONTRACTOR subcontracts for any or all of the services ar activities covered by this contract: (a) the CONTRACTOR is not relieved of any of the duties and responsibilities provided in this contract; (b) the subcontractor agrees to abide by the standards contained hirrein or to provide such information as to allow the CONTRACTOR to comply with these standards, and; (c) the subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor. . 6. The services of the CONTRACTOR are to commence on the 1St day of June, 2000, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this agreement, but in any event, all of the services required hereunder shall be completed by the 31st d'ay of May, 2001. 7. The CONTRACTOR shall assure that no person, solely on the grounds of race, color, age, religion, sex or national origin, be excluded from participation in, be denied the benefits of, ar be subject to discrimination under any program or activity covered by this agreement. 8. The CONTRACTOR shall assure that no otherwise qualified handicapped individual, solely by reason of his/her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity covered by this agreement. 9. The Americans with Disabilities Act 1990 (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability and outlaws discrimination against individuals with disabilities in State and local government services and public accommodations. The CONTRACTOR certifies that it and its principals and subcontractors will comply with regulations in ADA Title I (Employment), Title II (Public Services), and .Title III (Public Accommodations) in fulfilling the obligations under this agreement. 1 p. If, through any cause, the CONTRACTOR sha(I fail to fulfill in timely and proper manner the obligations under this agreement, the DEPARTMENT shall there upon have the right to terminate this contract by giving written notice to the CONTRACTOR of such termination and specifying the reason thereof and the effective date thereof. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the CONTRACTOR shall, at the option of the DEPARTMENT, become its property, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The CONTRACTOR shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any breach of this agreement, and the DEPARTMENT may withhold payment to the CONTRACTOR for the purpose of set off until such time as the exact -~ amount of damages due the DEPARTMENT from such breach can be determined. 11. This contract may be Terminated by either parry. upon thirty (30) days notice given in writing by one parry to the other. If the contract is terminated, all finished or unfinished documents and other materials shall, at the option of the DEPARTMENT, become its properly. Termination of the contract by the CONTRACTOR shall not prohibit the DEPARTMENT from seeking remedy for additional costs consequential to the termination, which are incun-ed by the DEPARTMENT. If the contract is terminated by the DEPARTMENT as provided herein, the CONTRACTOR will be paid in an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the 2of5 CONTRACT NO. H2O0075 ~ CONTRACTOR covered by this agreement; for costs of work performed by subcontractors far the CONTRACTOR provided that such subcontracts have been approved as provided herein; or for each full day of services performed where compensation is based on each full day of services performed, less payment of compensation previously made. The CONTRACTOR shall repay to the DEPARTMENT any compensation he has received which is in excess of the payment to which he is entitled herein.; 12. The parties to this contract agree and understand that the payment of the sums specified in this contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the DEPARTMENT. 13. The CONTRACTOR agrees to indemnify and save harmless the State of North Catalina, Department of Environment and Natural Resources, its officers. and employees from claims, suits, actions, damages and cost of every name and description arising out of or resulting from the performance of this contract. 14. Any CONTRACTOR receiving at least $15,000 but less than $100,000 in state funds from the DEPARTMENT within any fiscal year is required to file with each.funding state agency a sworn accounting of receipts and expenditures of state funds in the format approved by the State Auditor. This accounting must be attested to by the CONTRACTOR fiscal officer and ane other authorizing officer of the CONTRACTOR. This accounting must be filed with each funding state agency within six months after the end of the CONTRACTOR'S operating year. If the CONTRACTOR receives STATE funds of $100,000 or mare during its fiscal year, it must file with the State Auditor and each funding agency its audited financial statements in accordance with the standards and formats prescribed by the State Auditor in Memorandum NGO-2 "Grantee Audit Reports." If the CONTRACTOR receives $300,000 or more in FEDERAL awards during its fiscal year from any source, including federal funds passed through the State or other grantors, it must attain a single audit or program-specific audit conducted in accordance with the Federal Office of Management and Budget's Circular A-133 "Audits of States, local Government and Non-Profit Organizations." If the above amounts are not met by ane single funding agency, but rather any combination of funding agencies, then the appropriate reports shall be sent to the Office of the State Auditor. Also, a corrective action plan for any audit findings and recommendations must be submitted along with the audit report or within the period specified by the applicable OMB Circular ar Memorandum. 15. The DEPARTMENT may, from time to time, request changes in the scope of the services of the CONTRACTOR to be performed under this agreement. Such changes, including any increase or decrease in the amount of the CONTRACTOR'S compensation, which are mutually agreed upon by and between the CONTRACTOR and the DEPARTMENT, shall be incorporated in written amendments to this contract. 16. Any information, data, instruments, documents studies or reports given to or prepared or assembled by the CONTRACTOR under this agreement may ~be published by the CONTRACTOR or its employees, or distributed by the CONTRACTOR to any other individual ar organization: Prior to entering into an agreement to publish, or prior to publishing, the k CONTRACTOR or its employees shall give the DEPARTMENT a reasonable opportunity to review any such proposed publication solely for the purpose ~of determining if the DEPARTMENT wishes to be given~credit for its funding role in the preparation of any such information, data, instruments, documents, studies, or reports. If the DEPARTMENT determines that it wishes to be given credit, then CONTRACTOR, shall take all necessary steps to assure that credit is given by the publisher. Otherwise, the CONTRACTOR may proceed to enter into any agreement to publish, ar may publish, but shall not acknowledge any participation by the DEPARTMENT. 3of5 CONTRACT NO. H2O0075 17. The CONTRACTOR shall ensure that all publications produced as a result of this contract are printed double-sided on recycled paper. 18. The filing of a petition in bankruptcy or insolvency by or against the CONTRACTOR shall terminate this agreement. 19. The CONTRACTOR shall not assign or transfer any interest in this agreement. • 20. No reports, maps or other documents produced in whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the CONTRACTOR. 21. It is agreed between the parties hereto that the place of this contract, its sites and forum, shall be Wake County, North Carolina, and in said County and State shall all matters, whether sounding in contract or tort relating to the validity, construction, interpretation and enforcement of this agreement, be determined. 22. The CONTRACTOR agrees that the State may have the right to audit the records of the CONTRACTOR pertaining to this contract bath during performance and for 36 months after completion or termination. The CONTRACTOR must retain all records relating to this contract and allow employees or agents of the DEPARTMENT to inspect such records during the period of time set out herein. 23. The CONTRACTOR agrees that he shall be responsible for the proper custody and care ofi any State awned property furnished him for use in connection with the performance of his contract and will reimburse the State for its loss or damage. 24. The CONTRACTOR certifies that he is in compliance with "Attachment I" Assurances-No~~Construction Pro rams. 25. Scott Mouw is designated as the Contract Administrator (project coordinator) for the State. However, any changes in the scope of the contract which will increase or decrease the CONTRACTOR'S compensation shall not be effective until they have been approved by the DEPARTMENT Head or Authorized Agent. 4of5 CONTRACT NO. H200075 IN WITNESS WHEREOF, the CONTRACTOR and the DEPARTMENT have executed this agreement in duplicate originals, one of which is retained by each of the parties, the day and year first above written. CONTRACTOR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES By Contractor's Signature Typed Name WITNESS: Signature Approved as to Form: Attorney General of North Carolina Bill Holman, Secretary DirectoND'ivision of Purchase & Services Department Head's Signature or Authorized Agent WITNESS: a ure 5 of 5 2000 BUY RECYCLED GRANT CYCLE SCOFE OF WORK ORANGE COUNTY Contract dates: June 1, 2000 to May 31, 2001 The Scope of Work for this project is as follows: 1. Prepare and send to the Division of Pollution Prevention and Environmental Assistance a work plan for the project within thirty (30) days after the contract has been signed. The work plan shall include a complete project schedule. 2. Survey in-house departments about buy-recycled practices and develop a system to track recycled content purchases that by-pass the Town of Chapel Hill and Orange County's Finance . Departments. 3. Conduct a training workshop for all Town, County and school system personnel on purchasing practices and policy development. Invite vendors of recycled content products to showcase materials to the attendees. 4. Prepare and distribute resolutions for other Orange County governments and public school systems to adopt policies encouraging the purchase of recycled content goods. 5. Provide a cash match to the project of at least 10% of the grant funds provided by the Division of Pollution Prevention and Environmental Assistance. 6. Upon request, make information about the grant project available to other parties who maybe considering a similar project. 7. Ensure that all publications produced as a result of this grant award are printed double-sided, on recycled paper (minimum of 30% post-consumer content) and explicitly state: "Funding for this project was provided in part through a grant from the Division of Pollution Prevention and Environmental Assistance, North Carolina Department of Environment and Natural Resources." 8. Prepare a final report, printed double-sided on recycled paper (minimum 30% post-consumer content), to be submitted to the Division of Pollution Prevention and Environmental Assistance on or before May 31, 2001. Submit a draft copy of the report, printed double-sided on recycled paper (minimum 30% post-consumer co'ntent), to the Division of Pollution Preventiox! and Environmental Assistance for review on or before Apri130, 2001. 2000 Buy Recycled Grant Cycle Scope of Work ~ Orange County Page 1 8 ASSURANCES -NON CONSTRUCTION PROGRAMS The CONTRACTOR certifies that with regard to: 1. DEB/~,RMENT AND SUSPENSj~ON - To the best of its knowledge and belief that it and its principals: , (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or Voluntarily excluded from covered transactions by any Federal Department or agency; (b) have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, ar local) transaction or contract under a public transaction; violation of Federal ar State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, ar receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental 'entity (Federal, State, or local) with commission ofi any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause of default. 2. LOBBYING - To the best of his or her knowledge and belief, that: (a) nv Federal appropriated funds have been paid or will be paid, by or on behalf of the . undersigned, to any person for influencing .or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee. of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; (b) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any a~ency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. DRUG-FREE,.,yVORFSPLACE REQUIREMENTS - It will comply by: 9 (a) publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) establishing adrug-free awareness program to inform employees about - (1) the dangers of drug abuse in the workplace; {2) the grantee's policy of maintaining adrug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and' (4) the penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) making it a requirement that each employee to be engaged in the performance ofi the grant be given a copy of the statement required by paragraph (a) above; {d) notifying the employee in the statement required by paragraph (a) above, that as a condition of.employment under the grant, the employee will - (1) -abide by the terms of the statement; and (2) notify.the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; (e) ~natifying the.agency within ten days after receiving notice under subparagraph (d) (2) above, from an employee or otherwise receiving actual notice of such conviction; (f) ~ taking one of the following actions within 30 days~ofi receiving notice under subparagraph (d) (2) above, with respect to any employee who is so convicted - (1) taking appropriate personnel action against such an employee, up to and including termination; or (2) requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, ar other appropriate agency; (g) making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), above. AND 4. Will comply with the provisions of the Hatch Act which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 5. Will comply, as applicable, with the provisions of the Davis-Bacon Act, the Copeland Act, and the Contract Work Hours and Safety Standards Act regarding labor standards for federally assisted construction subagreements. 6. Will comply with all applicable requirements of all other federal laws, executive orders, regulations and policies governing this program.