NCDENR 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.
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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
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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.
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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
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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
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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
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