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HomeMy WebLinkAboutNCDENR Carpet & Shingle Recycling Bldg grant No 5378.71:11WA DENR North Carolina Department of Environment and Natural Resources Financial Services Division Pat McCrory, Governor Rex A. Whaley, Chief Financial Officer June 12, 2013 Samuel Hawes New Hanover County 3002 US Highway 421 North Wilmington, NC 28401 Dear Mr. Hawes, John E Skvarla III, Enclosed is a fully executed copy of Contract No. 5378 between New Hanover County and the Department of Environment and Natural Resources. Invoices or matters regarding work to be performed should be directed to the Contract Administrator, Joseph Fitzpatrick, as indicated in the contract document. Please include Contract No. 5378 on each invoice submitted for payment. Should you have any questions regarding the contract, you may contact me at (919) 707, 8538. Sincerely, / k6o'U i i a Purchasing Agent Purchase and Contract Section Enclosure CC' Joseph Fitzpatrick, DENR DPPEA Jackie J. Moore, DENR Office of the Controller 1606 Mail Service Center, Raleigh, North Carolina 27699 -1606 Phone: 919- 707 -85501 FAX: 919- 715 -0719 An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper NorthCarolina ;Vaturallff STATE OF NORTH CAROLINA COUNTY OF WAKE GRANT CONTRACT NO 5378 GRANTEE'S FEDERAL IDENTIFICATION NUMBER: **- ***0324 This Contract is hereby made and entered into this 1St Day of July, 2013, by and between the NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, (the "Agency ") and NEW HANOVER COUNTY (the "Grantee ") (referred to collectively as the "Parties "). 1. Contract Documents: This Contract consists of the Grant Contract and its attachments, all of which are identified by name as follows: 2. Grant Contract No. 5378 (1) General Terms and Conditions (Attachment A) (2) Agency's Request for Proposal (RFP) (Attachment B) (3) Grantee's Response to Agency's RFP, including line item budget and budget narrative and if applicable, indirect cost documentation (Attachment C) These documents constitute the entire agreement between the Parties and supersede all prior oral or written statements or agreements. The Parties may enter into Contract Amendments in accordance with the General Terms and Conditions as described in Attachment A. 3. Precedence Among Contract Documents: In the event of a conflict between terms of the Contract Documents, the term in the Contract Document with the highest relative precedence prevails. The order of precedence is established by the order of documents in Paragraph 1, above, with the first - listed document having the highest precedence and the last - listed document having the lowest precedence. If there are multiple Contract Amendments, the most recent amendment has the highest precedence and the oldest amendment has the lowest precedence. 4. Contract Period: This Contract shall be effective on July 01, 2013 and shall terminate on June 30, 2014. 5. Service Period: The Grantee begins providing services on July 01, 2013 The Grantee undertakes and completes its services in a sequence that assures expeditious completion in light of the purposes of this agreement. Grantee completes its services on June 30, 2014. 6. Grantee's Duties: The Grantee provides the services as described in Attachment C (New Hanover County 2013 CWRAR) and in accordance with the approved budget in Attachment C. Page I of 7 GRANT CONTRACT NO 5378 7. Agency's Duties: The Agency shall pay the Grantee in the manner and in the amounts specified in the Contract Documents. The total amount paid by the Agency to the Grantee under this Contract shall not exceed THIRTY THOUSAND DOLLARS ($30,000.00). This amount consists of: I Type of Funds Funding Source I CFDA No. Recei is Solid Waste Management Trust Fund I NA Accounting Code Information: Dollars GL Company GL Account GL Center $30,000.00 1602 536961 6760 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: [ X ] c. The Grantee's matching requirement is $6,000.00, which shall consist of: In -Kind $ X Cash $ Cash and In -Kind $ Cash and /or In -Kind $ Other / Specify: $ [ X ] c. The Grantee's matching requirement is $6,000.00, which shall consist of: [ ] d. The Grantee has committed to an additional $ as Other Contributions to complete the project as described in Attachment C. The contributions from the Grantee shall be sourced from non - federal funds. The total contract amount is $36,000.00 8. Reversion of Unexpended Funds Any unexpended grant funds shall revert to the Agency upon termination of this Contract. 9. Reporting Requirements: Any Grantee receiving at least $15,000 but less than $500,000 in state funds from the Agency within any fiscal year is required to file with each funding state agency a sworn accounting of receipts and expenditures of state funds in the format approved by the State Auditor. This Page 2of7 In -Kind $ X Cash $ 6,000.00 Cash and In -Kind $ Cash and/or In -Kind $ Other/ Spec if : $ [ ] d. The Grantee has committed to an additional $ as Other Contributions to complete the project as described in Attachment C. The contributions from the Grantee shall be sourced from non - federal funds. The total contract amount is $36,000.00 8. Reversion of Unexpended Funds Any unexpended grant funds shall revert to the Agency upon termination of this Contract. 9. Reporting Requirements: Any Grantee receiving at least $15,000 but less than $500,000 in state funds from the Agency within any fiscal year is required to file with each funding state agency a sworn accounting of receipts and expenditures of state funds in the format approved by the State Auditor. This Page 2of7 GRANT CONTRACT NO 5378 accounting must be attested to by the Grantee fiscal officer and one other authorizing officer of the Grantee. This accounting must be filed with each funding state agency within six months after the end of the Grantee's operating year. If the Grantee receives STATE funds of $500,000 or more during its fiscal year, it must file with the State Auditor and each funding agency its audited financial statements in accordance with the standards and formats prescribed by the State Auditor in Memorandum NGO -2 "Grantee Audit Reports." If the Grantee receives $500,000 or more in FEDERAL awards during its fiscal year from any source, including federal funds passed through the State or other grantors, it must obtain a single audit or program - specific audit conducted in accordance with the Federal Office of Management and Budget's Circular A -133 "Audits of States, Local Government and Non - Profit Organizations." If the above amounts are not met by one single funding agency, but rather any combination of funding agencies, then the appropriate reports shall be sent to the Office of the State Auditor and to the Agency. Also, a corrective action plan for any audit findings and recommendations must be submitted along with the audit report or within the period specified by the applicable OMB Circular or Memorandum. 10. Payment Provisions: The Agency reimburses the Grantee for actual allowable expenditures with the Agency retaining a minimum of ten percent (10 %) of the Agency's funds until all required activities are completed and reports /deliverables are received and accepted by the Agency. An allowable expenditure is defined as one associated with work performed to meet the milestones that have been addressed during the specific reporting period. The Agency may withhold payment on invoices when the Grantee fails to accomplish the milestones stated in Attachment C. 11. Invoices: The Grantee submits invoices to the Agency Contract Administrator as needed. The final invoice must be received by the Agency within 45 days after the end of the contract period. Amended or corrected invoices must be received by the Agency's Office of the Controller within six months after the end of the contract period. The Agency will not pay any invoice received more than 6 months after the end of the effective period. 12. Contract Administrators: Each Party submits notices, questions and correspondence to the other Party's Contract Administrator. The name, address, telephone number, fax number, and email address of the Parties' initial Contract Administrators are set out below. Either Party may change the name, address, telephone number, fax number, or email address of its Contract Administrator or Principal Investigator or Key Personnel by giving timely written notice to the other Party. Any changes in the scope of the contract which increase or decrease the Grantee's compensation are not effective until approved in writing by the Agency's Head or Authorized Agent. Page 3 of 7 GRANT CONTRACT NO 5378 Agency Contract Administrator: Joseph Fitzpatrick Division of Pollution Prevention and Environmental Assistance 1639 Mail Service Center Raleigh, NC 27699 Telephone: 919 -707 -8121 Email: ioseph.fitzpatrickC�ncdenr.cov Grantee Contract Administrator: Grantee Principal Investigator or Key Personnel Samuel Hawes Same New Hanover County 3002 US Highway 421 North Wilmington, NC 28401 Telephone: 910- 798 -4454 Fax: 910- 798 -4457 Email: shawes@nhcgov.com 13. Grantee Principal Investigator or Key Personnel: The Grantee shall not substitute the Principal Investigator or key personnel assigned to the performance of this contract without prior approval by the Agency Contract Administrator. 14. Disbursements: As a condition of this Contract, Grantee acknowledges and agrees to make disbursements in accordance with the following requirements: a. Implement adequate internal controls over disbursements; b. Pre -audit all vouchers presented for payment to determine: • Validity and accuracy of payment • Payment due date Adequacy of documentation supporting payment • Legality of disbursement c. Assure adequate control of signature stamps /plates; d. Assure adequate control of negotiable instruments; and e. Implement procedures to insure that account balance is monthly. solvent and reconcile the account 1S. Outsourcing: The Grantee certifies that it has identified to the Agency all jobs related to the Contract that have been outsourced to other countries, if any. Grantee further agrees that it will not outsource any such jobs during the term of this Contract without providing notice to the Agency and obtaining written approval from the Agency Contract Administrator prior to outsourcing. 16. Assurances For Non - Federally Funded Contracts: The GRANTEE certifies that with regard to: Debarment And Suspension - To the best of its knowledge and belief that it and its principals: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal, State, or local government agency; Page 4 of 7 GRANT CONTRACT NO 5378 (b) have not within a 3 -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) have not within a 3 -year period preceding this application /proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Lobbying - To the best of his or her knowledge and belief, that: (a) No Federal, State or local government appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal, State or local government agency; a member of Congress, North Carolina's General Assembly or local government body; an officer or employee of Congress, North Carolina's General Assembly or local government body, or an employee of a member of Congress, North Carolina's General Assembly or local government body, in connection with the awarding of any Federal, State or local government contract, the making of any Federal, State or local government grant, the making of any Federal, State or local government loan, the entering into of any Federal, State or local government cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal, State or local government contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal, State or local government appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency; a member of Congress, North Carolina's General Assembly or local government body; an officer or employee of Congress, North Carolina's General Assembly or local government body; or an employee of a member of Congress, North Carolina's General Assembly or local government body in connection with the Federal, State or local government contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. Dru -Free Work Place Requirements - It will comply by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and Page 5 of 7 GRANT CONTRACT NO 5378 (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a) above; (d) Notifying the employee in the statement required by paragraph (a), above, that, as a condition of employment under the grant, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statue conviction for a violation occurring in the workplace no later than five days after such conviction; (e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2), above, from an employee or otherwise receiving actual notice of such conviction; (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), above with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f), above. 4. Will comply with the provisions of the Equal Employment Practices Act set out in Article 49A of Chapter 143 of the North Carolina General Statutes. 5. Will comply, as applicable, with the provisions of the Wage and Hour Act, Occupational Safety and Health Act of North Carolina, Controlled Substance Examination Regulation, Retaliatory Employment Discrimination, Safety and Health Programs and Committees, Workplace Violence Prevention, and other applicable provisions of Chapter 95 of the North Carolina General Statutes regarding labor standards. 6. Will comply with all applicable requirements of all other federal, state and local government laws, executive orders, regulations and policies governing this program. Page 6 of 7 GRANT CONTRACT NO 5378 17. Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement. IN WITNESS WHEREOF, the Grantee and the Agency execute this agreement in three (3) originals, one (1) of which is retained by the Grantee and two (2) of which are retained by the Agency, the day and year first above written. NEW HANOVER COUNTY By /r Grantee's Sign or Aut entative 1`lt > ` i 7 C' '.., C-` Typed 1 Printed Name �-- Title NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURALRESOURCES J hn . Skvarla, III, Secretary By ► Depa ent ea or Authorfz Agent Michael G. Bryant, Section Chief Type 1 Printed Name and Title Financial Services Division, Purchasinq and Contract Division Section ORIGINAL Page 7 of 7 General Terms and Conditions Governmental Entities May 1, 2011 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. 143- 6.2(b): a non -State entity that receives a grant of State funds from a State agency, department, or institution but DENR Contract 5378 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. 143 - 6.2(a)(1): 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. 143 - 6.2(a)(3): 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 and (ii) 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. 143- 6.2(b), 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. 143- 6.2(b): 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. (18) "Unit of Local Government has the meaning in G.S. 143- 6.2(a)(2). A municipal corporation that has the power to levy taxes, including a consolidated city- county as defined by G.S. 1608 -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 insures 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. DENR Contract 5378 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. Default and Termination Termination by Mutual Consent: Either party may terminate this agreement upon thirty (30) 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, shall 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 and 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 termina#ion 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 Environment and Natural Resources 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 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 three years DENR Contract 5378 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 five 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 five 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 five -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 five -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. 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. f httn:/ /www.osbm.state.nc.uslfiles /odf files /BudpetManual.ndf] 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 - grantees) 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. 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 DENR Contract 5378 Safety, Cultural Resources, Environment and Natural Resources, 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) anticipates 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.' DENR Contract 5378 2013 Community Waste Reduction and Recycling Grants REQUEST FOR PROPOSALS N.C. Department of Environment and Natural Resources Division of Environmental Assistance and Outreach The purpose of this grant program is to assist local governments in expanding, improving and implementing waste reduction and recycling programs in North Carolina. The Division of Environmental Assistance and Outreach (DEAD) administers the Community Waste Reduction and Recycling Grant program through the Solid Waste Management Trust Fund. With the release of this Request for Proposals (RFP), DEAD is seeking proposals for the funding of equipment and other items that help initiate or expand public waste reduction programs within the state. Applicants should carefully read this entire RFP prior to submitting a proposal. Proposals must be received by DEAO by 5:00 p.m. on Friday, March 1, 2013. Please address any questions to Rob Taylor at (919) 707 -8139, rob.taylorAncdenngov. Community Waste Reduction and Recycling Grant Program Parameters and Ideas: The 2013 Community Waste Reduction and Recycling Grant Program seeks to fund projects that help communities build lasting capacity to divert materials from the waste stream. and / or that increase public awareness of waste reduction and recycling. There are two categories of Community Waste Reduction and Recycling Grant, Standard Project Grants and Special Large Project Grants. Different levels of grant funding are available for Standard Project Grants and Special Large Project Grants. See the section of this document on Available Funding for more information. Standard Proiect Grants: Standard Project Grants support a wide range of projects that increase and/or enhance public waste reduction and recycling. Any projects that address the following are strongly encouraged: • Projects that demonstrate a potential to significantly increase a community's overall diversion of materials from the solid waste stream; • Projects that improve recycling program efficiency and or cost effectiveness while increasing waste reduction; • Projects that implement or expand public school recycling programs (see additional provisions for public school recycling projects in Special Requirements section below); • Projects that increase the diversion of materials that are banned from disposal in North Carolina; • Projects that facilitate away - from -home recycling efforts such as pedestrian recycling or recycling at public facilities such as parks or public venues; • Projects that implement or expand recycling service to underserved sectors such as multifamily housing units or businesses; * Projects that implement or expand asphalt shingle recycling programs; * Projects that implement or expand food waste recycling programs; Projects in the above list that are indicated by this symbol ( *) will be eligible for bonus points as outlined in the scoring criteria section. Please contact Rob Taylor at (919) 707 -8139 for more information or to discuss your project ideas. Special Large Proiect Grants: DEAO is seeking a limited number of applications for Special Large Project Grants. Special Large Project Grants are intended to facilitate public investment in projects that will have substantial impact on public waste diversion activities by expanding access to single stream recycling or through assisting with the development of public recycling programs to collect food waste. DENR Contract 5378 Special Large Project Option 1: Hub and Spoke Recycling Systems: DEAO is offering Special Large Project Grant funds to help local governments that are distant from Materials Recovery Facilities (MRFs) increase recycling program efficiency and to enable multiple local government recycling programs to enjoy the program efficiencies and the increase in diversion that are associated with commingled recycling. Special Large Project funds for Hub and Spoke Recycling Systems are intended to assist with the creation and development of regional recycling consolidation points that serve two or more local government rec,f�gprograms. Through consolidation of recyclables it is anticipated that the participant local governments will gain more efficient access to commingled recycling processing (single -stream recycling) and that those governments will be able to exercise economies of scale associated with materials handling, transportation to a NW, and negotiation with the MRF for processing services. It is anticipated that consolidation of recyclables from multiple programs will decrease collection and transportation costs, and will also enable regional consistency among recycling programs. Special Large Project Funds for Hub and Spoke Recycling Systems can only be used to invest in capital equipment and infrastructure associated with the creation of a regional consolidation point. Only projects that create infrastructure for consolidating commingled recyclables for shipment to a Materials Recovery Facility (MRF) for processing are eligible for Hub and Spoke Special Large Project Funding. The following stipulations apply for any project to be eligible for this funding: • The recycling system created must serve more than one local government recycling program; and • The applicant(s) for Special Large Project funding must have communicated with a member of DEAO's Local Government Assistance Team to discuss project parameters prior to submitting a grant proposal. Special Large Project Option 2: Food Waste Recycling Programs: DEAO is offering Special Large Project Grants to help local governments implement or expand recycling programs to collect and manage food waste. Special Large Project Funds for Food Waste Recycling Programs can only be used for programs accepting residential and/or commercial food waste. Other materials may be co- collected with food waste, but the primary purpose of the program must be to collect food waste from residences or businesses for the purpose of diverting it from landfill disposal and delivering it to a system for composting or anaerobic digestion. Grant funds may not be used for contracted collection costs. If a project to collect and manage food waste involves a partnership and/or contractual relationship between a local government and a private service provider, the private service provider may also be eligible to receive state grant support from the Recycling Business Development Grant (RBDG) Program. For more information on grant support for recycling businesses, please contact Wendy Worley at 919 - 707 -8136 or email wendy.worley@,ncdenr.gov. Note that the RBDG Program has an application deadline of February 1, 2013. Available Funding and Cash Match Reouirement: Grant Award Amounts: • Standard Project: Applicants are eligible for a Standard Project grant award of up to $30,000. • Special Large Project: • Applicants for Hub and Spoke Special Large Project grants are eligible for up to $100,000 in state funding. • Applicants for Food Waste Recycling Special Large Project grants are eligible for up to $50,000 in state funding. K DENR Contract 5378 Required Cash Match: Grant winners must provide a cash match equal to or exceeding 20 percent of the requested grant funding requested. For example, a grantee under this program requesting $20,000 in grant funding from DEAO must show a minimum expenditure of $4,000 of local funds on the project. To meet the cash match requirement, a minimum of one (1) local dollar must be spent for every five (5) dollars of grant funding awarded. Calculating Cash Match: To determine the necessary cash match for any grant project, first determine the total project budget then use the following equation: required cash match = total project budget _ 6. The difference between the total project budget and the required cash match equals the maximum possible grant award. Distributions from the $2 per torn solid waste disposal tax may be used to cover cash match requirements. In -kind contributions will not be accepted in lieu of cash match. The annual Community Waste Reduction and Recycling Grant cycle typically receives funding requests that exceed available funds. However, it is a priority for DEAO to support as many projects as possible. After close examination of the requested funding and subject to agreement with the applicant, DEAO may award grant amounts lower than the original request. For any amount awarded, grantees must still provide the required cash match. Examples of uses of Grant Funds: Site development costs • Equipment purchases and installation Public awareness programs /public education Examples of activities for which Grant Funds may NOT be used: Employee salaries • Contracted collection costs Administrative expenses such as overhead • Land acquisition costs costs ■ Studies or work by consultants Eligible Entities: • Counties, municipalities, councils of governments and solid waste authorities in North Carolina are eligible to apply for funding from the Community Waste Reduction and Recycling Grant Program. • Federal and state agencies are not eligible for funding through this grant program. • Public universities, community colleges and private colleges and universities are not eligible for funding through this grant program. Not - for - profit entities are not eligible for funding through this grant program; however, these entities are eligible for funding through the Recycling Business Development Grant Round. For more information about the Recycling Business Development Grant round, please contact Wendy Worley at (919) 707 -8136 or wendy.worley@pcdenr.gov. • Public school systems and individual public schools are not eligible to apply directly for funding through this grant program. However, local governments (counties or municipalities) may apply for funding to support public school recycling projects (additional requirements apply for projects seeking grant support for public school recycling projects - see Special Requirements section below). DENR Contract 5378 Conditions on Submittals: • ONLY ONE PROPOSAL PER ELIGIBLE ENTITY WILL BE ACCEPTED. • Multi -party initiatives (such as joint projects by two or more local governments where each local government contributes towards project funding) are strongly encouraged. • Any group participating in a regional or multi -party project proposal may not submit additional proposals. • Applicants with delinquencies on existing DEAO grants (e.g., extended projects from grant cycles prior to 2012 that are still under contract) will not be considered for funding. • All applicants selected for funding will undergo a compliance review to ensure that they do not have any outstanding notices of violation related to North Carolina solid waste statutes and rules. Outstanding Notice of Violations (NOVs) must be corrected to the satisfaction of the N.C. Division of Waste Management (DWM) prior to any grant being awarded. Applicants with outstanding NOVs are responsible for providing DEAO 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. • As a condition of grant award DEAD may work with applicants to revise initially submitted proposals before entering into a contract. All initial proposals must be received by the due date. Changes to proposals may include adjustments to project scope, project budget, project time line and/or other elements of the proposal. Any changes to initial proposals must approved by DEAO and the applicant and the resultant Final CWRAR Proposal will become an attachment to the Grant Contract. General Requirements: General requirements for all applicants: Certification regarding usage of NC Solid Waste Disposal Tax proceeds: Disposal tax proceeds are distributed to eligible local govermments on a quarterly basis by the Department of Revenue. According to GS 150- 187.63 these funds must be used by a city or county solely for solid waste management programs and services. Any applicant applying for a Community Waste Reduction and Recycling Grant must certify in writing that all disposal tax proceeds are used only for the purpose of providing solid waste and recycling services. In addition to this written certification, applicants must describe how disposal tax funds are utilized. • Community Waste Reduction and Recycling Grants will not be awarded to applicants that do not have recycling services available at their government buildings. As part of the grant proposal all applicants must indicate that employees in the key government buildings operated by the applicant have reasonable access to recycling services and are able and encouraged to recycle materials generated in the course of business. Special Requirements: • Requirements for applicants seeking funding for public school recycling projects: As stated earlier, counties, municipalities, councils of governments and solid waste authorities in North Carolina are eligible to apply for funding. Proposals seeking funding for public school recycling projects must come from one of these entities. Public school systems and or individual schools may not apply directly. Applicants seeking funding for public school recycling projects must answer the following supplemental questions. The purpose of.these supplemental questions is to ensure that all necessary program elements are addressed, and to help demonstrate project planning. This is a competitive grant program and projects that institute or expand a school - system wide recycling program will compete better than projects that only serve individual schools. Eligible grants include applying for equipment (such as bins and roll carts) and education materials. As with other CWRAR projects, administrative expenses (staff salaries and contract collection costs) are not eligible for grant funding nor can they be used as matching 4 DENR Contract 5378 funds. Please contact Rachel Eckert at 919 - 707 -5132 (rachel.eckert(a ncdenr.gov} or Heather Cashwell at 919 -707 -8127 (heather.cashwellAncdenr.gov) for more information. o School Recycling Supplemental Questions: ■ Provide a description of any existing school recycling program(s). 8 Indicate whether collection of recyclables be provided by the local government or through a contracted collection service provider. ■ Provide a list of the recyclables accepted by the program, and indicate how the materials are collected (single stream, dual stream, source separated)? ■ Where are the recyclables going after collection (who is your market)? Where will recycling containers be placed: in classrooms, in cafeterias, hallways, on athletic fields, offices, library, copy room? ■ Who will be responsible for emptying containers (cleaning staff, teachers, students, student groups, etc)? ■ A recycling contact must be established at each school that is recycling as a result of this grant. Please provide a list of schools, contact person, and title. Designated contacts could be the facilities manager, head custodian, faculty coordinator of a Ieadership group, the principle, or an administrator. ■ Describe your plan for promoting recycling and educating staff and students about the program. Requirements for applicants seeking funding for electronics recycliniz projects: A county seeking grant funds related to electronics recycling must include information in its proposal on whether the county was eligible for funds distributed from the State's Electronics Management Program in February 2013. If a county was eligible for Electronics Management Program funds during the 2013 distribution, the grant proposal must specify .how those funds will be spent. If a county did not make itself eligible for the 2013 distribution, then it will be required to update its comprehensive solid waste management plan and make itself eligible for Electronics Management Program funding on or before December 31, 2013 as a precondition of receipt of Community Waste Reduction and Recycling Grant funds. Funding Period: The applicant must expend funds within one year of contract execution unless the grant contract term is extended by written agreement between the applicant and the N.C. Department of Environment and Natural Resources. Extensions are possible but not guaranteed. It is anticipated that grant contracts resulting from this grant cycle will begin July 1, 2013 and end June 30, 2014. Any funds expended prior to the start of the contract will not be reimbursed. Due Date: Proposals MUST be received by DEAO by 5:00 p.m. on Friday. March 1.2013. Any proposals received after the deadline will not be considered. Applicants must submit an electronic copy of their proposal by the submittal deadline, preferably in Microsoft Word format. For details on what must be included in the proposal, see the section of this document titled "Required Proposal Format." Receipt of all proposals will be acknowledged by e-mail or other correspondence. Local governments requiring board approval should plan to procure that approval before the submittal deadline. 5 DENR Contract 5378 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 rob.ta for ncdenr, ov. Please submit electronic versions as Microsoft Word (preferred, ) or Adobe (PDF) attachments. If submittal of an electronic version of your proposal presents a hardship, please contact Rob Taylor to discuss submittal options. Proposals must be received by 5:00 p.m. on Friday, March 1, 2013. Proposals not received by 5:00 p.m. on March 1, 2013 will not be accepted. Required Proposal Format: The following list describes what applicants must include in their proposal for their application to be considered complete. Proposals that fail to provide all of the required information will be deemed inadequate and not considered for funding: Proiect Title • Applicant Contact Information: to include the following: ✓ Name and title of main contact ✓ Organization ✓ Address ✓ Phone number ✓ Fax number ✓ E -mail address ✓ Local Government Federal Tax ID number • Date of Proposal Submittal: this must be the date of submission of proposal to DEAD • General Requirements: (see section on General Requirements for more information) ✓ Written statement certifying that NC Solid Waste Disposal Tax Proceeds are used only for solid waste management purposes, and a description of how proceeds are used. ✓ Written statement indicating that the applicant has recycling services available at the key government buildings. • Project Description: Detailed Description of Proposed Grant Project • Special Requirements: Proposal must include required information if applicable. See section on Special Requirements above for more information. Project Timeline: Bulleted list showing project milestones and general implementation dates (note: project must be complete in one year). Project Budget: to include the following: ✓ Itemized intended expenditures Amount of funds requested from the state and amount of matching funds provided by the applicant ✓ Please submit your budget in a table following the example below: 2 State Grant Applicant Cash Sample Project Budget* Award Match Project Total Recycling Carts for County Office Buildings (50 units @ $45 each) $ 1,875 $ 375 $ 2,250 Labels for Carts and Signs for Recycling Stations $ 343 $ 69 $ 412 Program Brochures (Design and Printing) $ 161 $ 32 $ 193 Total $ 2,379 $ 476 $ 2,855 2 DENR Contract 5378 Note about Project Budgets: state and local sales taxes are not reimbursable expenditures and should not be included as part of grant budgets. Grant Selection Process: Through a blind vote process, a selection committee will use the pre - established criteria below to rank proposals and make award decisions. The review process is expected to be completed and preliminary award announcements made during April, 2013. Applicants are encouraged to consider the award criteria as they develop their grant proposals. A total of 86 points is available. Award Criteria: 1. Innovation / Creativity (0 -15 points): Is the project innovative? Does the project set a strong example for other communities to replicate? 2. Planning (0 -20 points): Is the proposal well thought -out, well- researched and backed by valid facts and assumptions? Will the proposal have a significant impact for its category? 3. Sustainability / Commitment (0 -10 points): Will the project be ongoing and sustained in subsequent annual budgets? Does it have the support of the governing body? 4. Impact on the Waste Stream (0 -15 points): Will the project contribute substantially toward reduction of the local waste stream? 5. Efficiency (0 -10 points): Will the project improve the efficiency or cost - effectiveness of the local waste reduction program? 6. Joint Effort (0 or 6 points): Individual party proposals receive zero points; multi -party proposals (involving cash match from all participants) receive six points. 7. Preferred Sector or Commodity* (0 -10 points): To what extent does the project serve a targeted sector such as multifamily housing units or businesses, to what extent does the project expand access to away- from -home recycling, or to what extent does the project divert a targeted commodity such as C &D asphalt shingles or food waste? If Your Proposal is Selected for Funding: DEAO anticipates that applicants selected for funding will be notified by April 30, 2013. DEAO will notify the applicant with a formal offer by e -mail. The applicant must accept or decline the offer. The following will occur once the offer is accepted. • DEAO will conduct a compliance review with the Division of Waste Management (this may occur before offer is accepted). • Where appropriate, the applicant must (within 15 business days after notification) submit a revised project description and budget signed by an authorized representative reflecting the accepted offer. Applicants who fail meet this requirement will not be awarded funding. • Successful applicants will be required to register with the state's e- procurement system using the same address provided in the applicant's proposal. To register in the state's e- procurement system please visit the following link: hU: / /eprocurement.ne.gov /. • DEAO will submit a request through the DENR contract processing system for a grant contract. NOTE: Successful applicants that make purchases before a grant contract is signed by both DENR and the grant recipient will not be reimbursed. Other General Terms and Conditions: All grantees are subject to the following terms and conditions. Most of these terms and conditions will be outlined in the grant contract. • Publications — all documents and publications associated with a grant contract should be printed on recycled paper containing at least 30 percent post - consumer content. 7 DENR Contract 5378 • Cash match — grantees are required to provide cash match of at Ieast of 20 percent of the grant award. Final reports — a draft final report is required to be submitted to DEAO at least 30 days prior to the contract end date and a final report is required to be submitted by the contract end date. Final reports and drafts should be submitted electronically. All applicants are strongly encouraged to visit the following web site to review the final reporting format: h :ll ortal.ncdenr.or /web /deao /rec clip financial- assistance. A link to the final report format can be found on the above web page. If you do not have internet access, please contact Rob Taylor at (919) 707- 8139 to receive a copy of the Final Report Guidelines. Extensions — no -cost time extensions are possible but not guaranteed for grant contracts. Grantees seeking no -cost time extensions must submit a request for a time extension at least sixty (60) days prior to the contract end date. The request for extension must indicate how long the grantee is seeking to extend the project and the reason that the extension is being requested (i.e., why the project cannot be completed on- time). Any request for an extension must include a new timeline with revised project milestones as well as a new budget (if budget changes are also being requested). • Reimbursement — distribution of DEAO grant funds is on a reimbursement basis. Requests for reimbursement can only be made after the grantee has spent funds on the grant project. Reimbursement requests must be submitted on letterhead, must include copies of invoices, and must include proof that the grantee has made payment. Proof of payment may include copies of canceled checks or other financial reports showing that funds were spent. State and local sales taxes are not reimbursable, may not be counted towards expenditure requirements, and should be excluded from reimbursement requests. • Final 10 Percent of Funds — DEAO will continue to reimburse grantees until 90 percent of the award amount has been expended. The final 10 percent of grant funds will be held until an acceptable final report has been received by DEAD. The final report must be received and approved prior to the end date of the contract. All final requests for reimbursement must be received within 45 days of the contract end -date or all remaining grant funds will be forfeit. A Final Word on Grant Writing: Proposals often receive low scores because applicants fail to follow instructions, leading to uncertainty about the project goals and intended results. The clearer the details are, the fewer questions a reviewer will have about the validity /feasibility of a proposal. Applicants also stand a better chance of success if they include all of the required components of a proposal and if they follow the Required Proposal Format. Applicants with questions are encouraged to contact DEAO for more information. FWA AMA NCDENR 6.Ma.4'.o e.w9n.a. DENR Contract 5378 NEW HANOVER COUNTY DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 2013 COMMUNITY WASTE REDUCTION AND RECYCLING GRANT APPLICATION CARPET AND SHINGLE RECYCLING PROGRAM ENHANCEMENT ce r, 1 �f / 71,1� u I �r DENR Contract 5378 I. Applicant Contact Information: Samuel P. Hawes, IV, MBA, Landfill Manager New Hanover County Department of Environmental Management 3002 US Highway 421 North Wilmington, NC 28401 Phone: 910- 798 -4454 Fax: 910- 798 -4457 Email: shawes(Z�nhc oe v.com Federal Tax ID: 56- 600324 H. Date of Proposal Submittal: February 19, 2013 1II. General Requirements: o Written statement certifying that NC Solid Waste Disposal Tax Proceeds are used only for solid waste management purposes, and a description of how proceeds are used. Funds received from NC Solid Waste Disposal Tax Proceeds are used by the New Hanover County Department of Environmental Management to implement, enhance and support solid waste services. Examples include HHW collection and processing, electronics recycling and construction waste processing and diversion. Additionally, funds are used to support existing landfill and recycling operations. Attached below is a written statement from the New Hanover County Finance Director that certifies the proper use of Tax Proceeds (see next page). DENR Contract 5378 o Written statement indicating that the applicant has recycling services available at the key government buildings. New Hanover County has implemented an extensive recycling program throughout all County government buildings. Recycling containers with signage are located within each department to make recycling easier for employees. Containers are also located in common areas such as conference rooms, public areas and the courthouse. Attached below is a written statement from the New Hanover County Property Management Director that certifies the existence of a County recycling program (see next page). DENR Contract 5378 'NT 'tC' }tIY AN i;V 2,00 DIVISION DRJVE WILMINGTON. ON. NORTH CAROLINA 28401 Tclephtox: 9111, 9A-, 433U Fax: 91 U. "S� 4343 1►�fcrrari_ i }F�•►�.►ahc�,;:.ti'.s•c:rat Jerome, G. I'erineil D i rroor Drsid A. Wittenberg Marty 5, 2013 As the Director of the New Hanover County Property Management Depzrtment, I certify that wp provide recycling services to all key County offices and facilities.. We utilize an outside service agency to collect our recyclable rrmateriais, 1he Vendor was selected through a bid procedure established by New Hanover County. Payment for this service is initiated by this department {Property Management) and processed by the County Finance Department. �r DENR Contract 5378 IV. Project Description: The New Hanover County Department of Environmental Management Landfill operates a Construction, Demolition, Industrial, and Commercial (CDIC) waste processing facility. The existing facility diverts wood waste, wallboard, mixed metals, old corrugated containers, and carpet. In fiscal year 11 -12 the facility diverted a total of 4,812.16 tons of resources destined for the landfill. This facility has been in operation for over 10 years. New Hanover County (NHC) is committed to continue expansion of waste diversion and recycling at the landfill in alliance with the countywide strategic plan of becoming a sustainable community. The diversion of waste resources from the landfill adds valuable life to the site by saving critical airspace. Diversion of these resources ensures disposal capacity for future generations of NHC residents as well as drives down the cost of solid waste operations. NHC has identified both shingle recycling and expanded carpet recycling as primary opportunities to achieve higher waste reduction rates. In FY 11 -12 the landfill received more than 5,227 tons of asphalt shingles. Diversion of shingles will increase waste reduction rates, save approximately 5,000 cubic yards of airspace and double our overall diversion rate. In FY 11 -12 the landfill diverted 72 tons of carpet for recycling. If carpet that is currently collected can be kept dry, staff anticipates diversion rates for carpet to more than double. As a result, NHC desires to expand existing construction, demolition, industrial and commercial (CDIC) operations to include both shingle recycling and expanded carpet recycling. The NHC Board of Commissioners recently approved changes to the County Solid Waste ordinance to incent shingle recycling with a lower tip fee. As a result of these changes staff will implement primitive shingle recycling around the beginning of March 2013 (only because the ordinance changes have already been adopted). Initial shingle collection will take place at the existing CDIC facility in a makeshift bunker. A permanent bunker system will be installed to store the shingles if NHC is awarded grant funding. The bunker system will consist of 6' X 2' X 2' concrete blocks stacked two (2) high. The bunker will be approximately 24' X 24'. A concrete reinforced curb with vertical stand pipes will be installed behind the blocks to ensure the wall cannot be moved. Staff expects that the Contractor will haul clean asphalt shingles from the CDIC facility in twenty (20) yard roll -off containers. The roll -off containers will be staged adjacent to the bunker area for efficiency of loading. Collected shingles will be loaded into roll -off containers by County staff with a front end loader. The roll -off containers will be hauled by the Contractor. The existing landfill permit (65 -04) and CDIC Operations Plan have been modified and approved to include shingle recycling. NHC adopted the NCDENR shingle recycling management plan listed on the DENR website. NHC intends to contract with an area asphalt plant to accept and recycle the asphalt shingles. Both ST Wooten and Barnhill Contracting have expressed interest in shingles collected at the CDIC site. The contractor will ultimately be determined from an RFP process. Carpet is already collected for recycling in a makeshift bunker system located at the existing CDIC facility. More than half of the carpet currently collected is landfilled simply because it gets wet (from rainfall) prior to transportation for recycling. Our existing local carpet recycler (Atlantic Coast Recycling LLC) cannot market wet material. A permanent metal structure (enclosed. on 3 sides) containing a permanent bunker system will be constructed to store the V. DENR Contract 5378 carpet if grant funding is awarded. The covered structure will be approximately 35' X 24' X 14'. The bunker system within the structure will consist of 6' X 2' X 2' concrete blocks stacked two (2) high. A concrete reinforced curb with vertical stand pipes will be installed behind the blocks to ensure the wall cannot be moved. The County may choose to expand the size of the building if white goods or other funding becomes available. Project Timeline: 1, February 21't, 2014 —Complete construction of building and bunkers and begin operations. 2. June 30th, 2014 -- Submit final NC DEAO report VI. Project Budget: Budget Item Project Total State Grant Award NHC Cash Match Concrete Block Purchase and Placement $5,000.00 $4,166.67 $833.33 Building and Curbing Work $31,000.00 $25,833.33 $5,166.67 Total: $36,000.00 $34,000.00 $6,000.00 NEW HANOVER COUNTY FINAL CE DEPARTMENT LISA IL WURTMACHER, CPA Finance Director pcbrunry 4, 2013 DENR Contract 5378 BARBARA D. MICCLIN, CPA Assistant Fiaa= Director This shall certify that 1 UP% of the North Carolina Solid Waste Disposal Tax proceeds roaeived by New Hanovcr County are used only for solid waste management purposes. These funds, upon receipt, are deposited as revenues in the Envir* ntal Managcrr ent depWinent budget. Funds are utilized as part of the enterprise fund sul"rting solid waste management functions to include landfill and recycling npc=tions. Funds are not used for acy programs other than solid waste management Cftflcd: Lisa H, Wurtibacher Firmee Director a" COMMENT Ct N7M -}RIVE, SIJPJ'E 163, W[LMINGTI K NORTH CAROLINA 28403 Tdcphooe (910) 798.7187 - F-x (9 t 0) 799-74 i0 Embdic wwwxhsau am "Underneath it All"