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FY17 ENGINEERING NCDEQ CB INLET PERMIT MOD GRANTGRANT CONTRACT NO. 6962 STATE OF NORTH CAROLINA GRANTEE'S FEDERAL COUNTY OF WAKE IDENTIFICATION NUMBER: - --0324 This Contract is hereby made and entered into this 1st day of July, 2016, by and between the NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY (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: (1) Grant Contract No. 6962 (2) General Terms and Conditions (Attachment A) (3) Agency's Request for Proposal (RFP) (Attachment B) (4) Grantee's Response to Agency's RFP, including line item budget and budget narrative and if applicable, indirect cost documentation (Attachment C) (5) Provisional Grant Award Letter (Attachment D) (6) Iran Certification (Attachment E) 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. 2. 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. 3. Contract Period: This Contract shall be effective on the 1 I day of July, 2016 and shall terminate on the 301h day of June, 2017. 4. Project Period: The Grantee shall begin the project on the 1=1 day of July, 2016. The Grantee shall undertake and complete the project in a sequence that assures expeditious completion in light of the purposes of this agreement. Grantee shall complete the project on 301h day of June, 2017. 5. . 6. Grantee's Duties: The Grantee shall complete the project as described in Attachment C, Inshore Dredge Material Management Site and in accordance with the approved budget in Attachment C. 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 TWENTY -ONE THOUSAND DOLLARS ($21,000.00). Pagel of 8 GRANT CONTRACT NO. 6962 This amount consists of: Type of Funds Funding Source CFDA No. Other Receipts SDNC &LM Funds NA Accounting Code Information: Dollars GL Company GLAccount GL Center $21,000.00 1602 536990 2182 [ ] 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 $10,500.00, which shall consist of: In -Kind $ X Cash $ Cash and In -Kind $ Other/ S $ [ X ] c. The Grantee's matching requirement is $10,500.00, which shall consist of: [ ] d. The Grantee has committed to an additional $ to complete the project as described in Attachment C. The Grantee warrants contributions from the Grantee shall be sourced from non - federal funds. The total contract amount is $31,500.00 8. Reversion of Unexpended Funds Any unexpended grant funds shall revert to the Agency upon termination of this Contract. Page 2 of 8 In -Kind $ X Cash $10,500.00 Cash and In -Kind $ Other /Specify: $ [ ] d. The Grantee has committed to an additional $ to complete the project as described in Attachment C. The Grantee warrants contributions from the Grantee shall be sourced from non - federal funds. The total contract amount is $31,500.00 8. Reversion of Unexpended Funds Any unexpended grant funds shall revert to the Agency upon termination of this Contract. Page 2 of 8 GRANT CONTRACT NO. 6962 9. Reporting Requirements: Pursuant to 09 NCAC Subchapter 03M, a Grantee that receives State funds shall maintain, for inspection by the Office of the State Auditor, reports and accountings that support the allowable expenditure of State funds. The Grantee shall also abide by the following reporting thresholds: (1) a Grantee receiving less than $25,000 shall also include a certification and accounting, completed by the Grantee Board, stating that the funds were received and used for the purpose in which they were granted; (2) a Grantee receiving between $25,000 to $500,000 shall also include a certification of accounting and description, completed by the Grantee Board, stating the funds were received and used for the purpose in which they were granted; (3) a Grantee receiving greater than $500,000 shall include a certification and description, completed by the Grantee Board, stating that the funds were received and used for the purpose in which they were granted, and an audit prepared by a licensed Certified Public Accountant." 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 shall reimburse 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. Allowable expenditures are defined as expenditures associated with work performed to meet the milestones for a 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 shall submit invoices to the Agency Contract Administrator at least quarterly. The final invoice must be received by the Agency within forty -five (45) days following the end of the contract period. Amended or corrected invoices must be received by the Agency's Office of the Controller within six (6) months following the end of the contract period. The Agency will not pay any invoice received more than six (6) months after the end of the effective period. 12. Contract Administrators: All notices permitted or required to be given by one party to the other, and all other questions about the Contract shall be addressed and delivered to the Parties' Contract Administrator. The name, post office address, street address, telephone number, fax number, and email address of the Parties' initial Contract Administrators are set out below. Either Party may change the name, post office address, street 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. Agency Contract Administrator: Darren England NC DEQ DWR 1611 MSC Raleigh, NC 27699 -1611 Telephone: 919- 707 -9013 Email: darren.en land ncdenr. ov Page 3 of 8 GRANT CONTRACT NO. 6962 Grantee Contract Administrator: Grantee Principal Investigator or Key Personnel Layton Bedsole SAME New Hanover County 230 Government Center Drive Wilmington, NC 28403 Telephone: 910 - 798 -7104 Email: lbedsole@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 written approval by the Agency Contract Administrator. 14. Supplantation of Expenditure of Public Funds: 15. The Grantee assures that funds received pursuant to this Contract shall be used only to supplement, not to supplant, the total amount of Federal, State and local public funds that the Grantee otherwise expends for the Inshore Dredge Material Management Site services and related programs. Funds received under this Contract shall be used to provide additional public funding for such services; the funds shall not be used to reduce the Grantee's total expenditure of other public funds for such services. Page 4 of 8 GRANT CONTRACT NO. 6962 16. Grantee's Disbursements: As a condition of this Contract, Grantee acknowledges and agrees to make disbursements in accordance with the following requirements: Implement adequate internal controls over disbursements; 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 Assure adequate control of signature stamps /plates; Assure adequate control of negotiable instruments; and Implement procedures to ensure that account balance is solvent and reconcile the account monthly. 17. Outsourcing: The Grantee certifies that it has identified to the Agency all jobs related to the Contract that have been outsouroed to other countries, if any. Grantee further agrees that it will not outsource any such jobs during the tens of this Contract without providing notice to the Agency and obtaining written approval from the Agency Contract Administrator prior to outsourcing. 18. E- Verify: As required by G.S. §143 -48.5 (Session Law 2013 -418), the Grantee certifies that it, and each of its subcontractors for any contract awarded as a result of this solicitation, complies with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, including the requirement for each employer, with more than 25 employees in North Carolina, to verify the work authorization of its employees through the federal E -Verify system. 19. Confidentiality: Each party shall be solely responsible for property identifying any document(s) containing "CONFIDENTIAL" information. Anything that qualifies as a "TRADE SECRET" under State law must be designated as "CONFIDENTIAL. All "CONFIDENTIAL" documents shall be properly identified by conspicuously marking it "CONFIDENTIAL" at the top and bottom of each page. Any document(s) not property identified as CONFIDENTIAL, prior to its release to the Agency, may be deemed a public record. 20. Records Retention: Records created or kept in connection with this Contract shall be maintained in accordance with the applicable retention policies of the Agency, and shall not be destroyed, purged or disposed of without the express written consent of the Agency. If any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract is initiated prior to expiration of the applicable retention period, the records must be retained until completion of the action and resolution of all issues arising therefrom, or until the end of the applicable retention period, whichever is later 21. Assurances For Non - Federally Funded Contracts: The GRANTEE certifies that with regard to: 1. 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; (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. Page 5 of 8 GRANT CONTRACT NO. 6962 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. Drug -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 (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 statute 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 - Page 6 of 8 GRANT CONTRACT NO. 6962 (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; (satisfactorily complete a) (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 and 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 7 of 8 GRANT CONTRACT NO. 6962 22. Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the terms of this agreement. N.C.G.S. §133 -32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement, you (Grantee) attest, for your entire organization and its employees or agents, that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. IN WITNESS WHEREOF, the Grantee and the Agency execute this agreement in two (2) originals, one (1) of which is retained by the Grantee and one (1) of which is retained by the Agency, the day and year first above written. NEW HANOVER COUNTY NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Donald R. van der Vaart, Secretary By rr / By Granteal Sin Q Department Head's Signature or Authorized Agent M l l ) S Tommy Kirby, Chief Financial Officer (� Typed / Printed Name � I Type / Printed Name and Title N-5 ,�Nfj &'A-4 A-4 Financial Services Division /Purchasing and Contracts Section Title Division /Section ORIGINAL S General Terms and Conditions Governmental Entities DEFINITIONS Unless indicated otherwise from the context, the following terms shall have the following meanings in this Contract. All definitions are from 9 NCAC 3M.0102 unless otherwise noted. If the rule or statute that is the source of the definition is changed by the adopting authority, the change shall be incorporated herein. (1) "Agency" (as used in the context of the definitions below) means and includes every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority or other unit of government of the State or of any county, unit, special district or other polifical 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 stafistics relative to a given part of an organization's operations or status. (9) "Grant" means financial assistance provided by an agency, grantee, or sub - grantee to carry out activities whereby the grantor anticipates no programmatic involvement with the grantee or sub - grantee during the performance of the grant. (10) "Grantee" has the meaning in G.S. 143C- 6- 23(a)(2): a non -State entity that receives a grant of State funds Attachment A DEQ Contract 6962 from a State agency, department, or institution but does not include any non -State entity subject to the audit and other reporting requirements of the Local Government Commission. For other purposes in this Contract, "Grantee" shall mean the entity identified as one of the parties hereto. For purposes of this contract, Grantee also includes other State agencies such as universities. (11) "Grantor" means an entity that provides resources, generally financial, to another entity in order to achieve a specified goal or objective. (12) "Non -State Entity" has the meaning in N.C.G.S. 143C- 1-1(d)(18): A firm, corporation, partnership, association, county, unit of local government, public authority, or any other person, organization, group, or governmental entity that is not a State agency, department, or institution. (13) "Public Authority" has the meaning in N.C.G.S. 159- 7(10): A municipal corporation that is not a unit of local government or a local governmental authority, board, commission, council, or agency that (i) is not a municipal corporation, (ii) is not subject of the State Budget Act, and (iii) operates on an area, regional, or multiunit basis, and the budgeting and accounting systems of which are not fully a part of the budgeting and aocounting 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 -Stale entities. Both Federal and State funds maintain their identity as they are sub - granted to other organizations. Pursuant to N.C.G.S. 143C- 6- 23(a)(1), the terms "State grant funds' and "State grants" do not include any payment made by the Medicaid program, the Teachers' and State Employees' Comprehensive Major Medical Plan, or other similar medical programs. (17) "Sub - grantee" has the meaning in G.S. 143C -6- 23(a)(4): a non -State entity that receives a grant of State funds from a grantee or from another sub - grantee but does not include any non -State entity subject to the audit and other reporting requirements of the Local Govemment Commission. (18) "Unit of Local Government has the meaning in G.S. 159- 7(b)(15): A municipal corporation that has the power to levy taxes, including a consolidated city - county as defined by G.S. 160B -2(1), and all boards, agencies, commissions, authorities, and institutions thereof that are not municipal corporations. Relationships ofthe Parties Independent Contractor: The Grantee is and shall be deemed to be an independent contractor in the performance of this Contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Grantee represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees of or have any individual contractual relationship with, the Agency. Subcontracting: To subcontract work to be performed under this contract which involves the specialized skill or expertise of the Grantee or his employees, the Grantee first obtains prior approval of the Agency Contract Administrator. In the event the Grantee subcontracts for any or all of the services or activities covered by this contract: (a) the Grantee is not relieved of any of the duties and responsibilities provided in this contract; (b) the subcontractor agrees to abide by the standards contained herein or to provide such information as to allow the Grantee to comply with these standards, and; (c) the subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a subcontractor. Sub - grantees: The Grantee has the responsibility to ensure that all sub - grantees, if any, provide all information necessary to permit the Grantee to comply with the standards set forth in this Contract. Assignment: The Grantee may not assign the Grantee's obligations or the Grantee's right to receive payment hereunder. However, upon Grantee's written request approved by the issuing purchasing authority, the Agency may: (a) Forward the Grantee's payment check(s) directly to any person or entity designated by the Grantee, or (b) Include any person or entity designated by Grantee as a joint payee on the Grantee's payment check(s). Such approval and action does not obligate the State to anyone other than the Grantee and the Grantee remains responsible for fulfillment of all contract obligations. Beneficiaries: Except as herein specifically provided otherwise, this Contract inures to the benefit of and is binding upon the parties hereto and their respecfive 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 Attachment A DEQ Contract 6962 third person receiving services or benefits under this Contract is an incidental beneficiary only. Indemnity Indemnification: In the event of a claim against either party by a third party arising out of this contract, the party whose actions gave rise to the claim is responsible for the defense of the claim and any resulting liability, provided that a party may not waive the other party's sovereign immunity or similar defenses. The parties agree to consult with each other over the appropriate handling of a claim and, in the event they cannot agree, to consult with the Office of the Attorney General. Insurance: During the term of the contract, the Grantee at its sole cost and expense provides commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the Grantee provides and maintains the following coverage and limits: Worker's Compensation: The Grantee provides and maintains Worker's Compensation insurance as required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of $500,000.00, covering all of Grantee's employees who are engaged in any work under this contract. If any work is sublet, the Grantee requires the subgrantee to provide the same coverage for any of his employees engaged in any work under this contract. Commercial General Liability: General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.) Automobile: Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non -owned vehicles used in performance of the contract. The minimum combined single limit is $500,000.00 bodily injury and property damage; $500,000.00 uninsured /under insured motorist; and $25,000.00 medical payment. Providing and maintaining adequate insurance coverage is a material obligation of the Grantee and is of the essence of this contract. The Grantee may meet its requirements of maintaining specified coverage and limits by demonstrating to the Agency that there is in force insurance with equivalent coverage and limits that will offer at least the same protection to the Agency. Grantee obtains insurance that meets all laws of the State of North Carolina. Grantee obtains coverage from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Grantee complies at all times with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the Grantee do not limit the Grantee's liability and obligations under the contract. Default and Termination Termination by Mutual Consent: Either party may terminate this agreement upon 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, 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. Attachment A DEQ Contract 6962 Force Majeure: Neither party is in default of its obligations hereunder if it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Survival of Promises: All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation. Intellectual Property Rights Copyrights and Ownership of Deliverables: Any and all copyrights resulting from work under this agreement shall belong to the Grantee. The Grantee hereby grants to the North Carolina Department of Environmental Quality a royalty -free, non - exclusive, paid -up license to use, publish and distribute results of work under this agreement for North Carolina State Government purposes only. Compliance with Applicable Laws Compliance with Laws: The Grantee understands and agrees that it is subject to compliance with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and /or authority. Equal Employment Opportunity: The Grantee understands and agrees that it is subject to compliance with all Federal and State laws relating to equal employment opportunity. Confidentiality Confidentiality: As authorized by law, the Grantee keeps confidential any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Grantee under this agreement and does not divulge or make them available to any individual or organization without the prior written approval of the Agency. The Grantee acknowledges that in receiving, storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this Contract or without the prior written approval of the Agency. Oversight Access to Persons and Records: The State Auditor and the using agency's internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147 -64.7 and Session Law 2010 -194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the contractor during the term of the contract to verify accounts and data affecting fees or performance). The Contractor shall retain all records for a period of six (6) years following completion of the contract or until any audits begun during this period are completed and findings resolved, whichever is later. Record Retention: The Grantee may not destroy, purge or dispose of records without the express written consent of the Agency. State basic records retention policy requires all grant records to be retained for a minimum of six (6) years or until all audit exceptions have been resolved, whichever is longer. If the contract is subject to Federal policy and regulations, record retention may be longer than six (6) years since records must be retained for a period of three years following submission of the final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract has started before expiration of the six (6) year retention period described above, the records must be retained unfit completion of the action and resolution of all issues which arise from it, or until the end of the regular six (6) year period described above, whichever is later. Time Records: The GRANTEE will maintain records of the time and effort of each employee receiving compensation from this contract, in accordance with the appropriate OMB circular. Miscellaneous Choice of Law: The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the parties to this Contract, are governed by the laws of North Carolina. The Grantee, by signing this Contract, agrees and submits, solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exdusive 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. Attachment A DEQ Contract 6962 Time of the Essence: Time is of the essence in the performance of this Contract. Care of Property: The Grantee agrees that it is responsible for the proper custody and care of any State owned property furnished him for use in connection with the performance of his contract and will reimburse the State for its loss or damage. Ownership of equipment purchased under this contract rests with the Agency. Upon approval of the Agency Contract Administrator, such equipment may be retained by the Grantee for the time the Grantee continues to provide services begun under this contract. Travel Expenses: All travel, lodging, and subsistence costs are included in the contract total and no additional payments will be made in excess of the contract amount indicated in above. Contractor must adhere to the travel, lodging and subsistence rates established in the Budget Manual for the State of North Carolina. Sales /Use Tax Refunds: If eligible, the Grantee and all sub - grantees shall: (a) ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this Contract, pursuant to G.S. 105 - 164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. Advertising: The Grantee may not use the award of this Contract as a part of any news release or commercial advertising. Recycled Paper: The Grantee ensures that all publications produced as a result of this contract are printed double -sided on recycled paper. Sovereign Immunity: The Agency does not waive its sovereign immunity by entering into this contract and fully retains all immunities and defenses provided by law with respect to any action based on this contract. Gratuities, Kickbacks or Contingency Feels): The parties certify and warrant that no gratuities, kickbacks or contingency feels) are paid in connection with this contract, nor are any fees, commissions, gifts or other considerations made contingent upon the award of this contract. Lobbying: The Grantee certifies that it (a) has neither used nor will use any appropriated funds for payments to lobbyist; (b) will disclose the name, address, payment details, and purpose of any agreement with lobbyists whom the Grantee or its sub -tier contractor(s) or sub - grantee(s) will pay with profits or non - appropriated funds on or after December 22, 1989; and (c) will file quarterly updates about the use of lobbyists if material changes occur in their use. Attachment A DEQ Contract 6962 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 Govemor's Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public Safety, Natural and Cultural Resources, Environmental Quality, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition covers those vendors and contractors who: (1) have a contract with a governmental agency; or (2) have performed under such a contract within the past year; or (3) anticipate bidding on such a contract in the future. For additional information regarding the specific requirements and exemptions, vendors and contractors are encouraged to review Executive Order 24 and G.S. Sec. 133 -32. Executive Order 24 also encouraged and invited other State Agencies to implement the requirements and prohibitions of the Executive Order to their agencies. Vendors and contractors should contact other State Agencies to determine if those agencies have adopted Executive Order 24.' Attachment B DEQ Contract 6962 Water Resources Development Project Grant Program Electronic Application Instructions: Download and complete this form through Item I. Email the form as an attachment, along with Items II through V, to jef - bruton(a,nedennp -ov. Date: Proiect Nam e• Water Bodv Coun : River Basin: Coordinates in WGS-84 ( -EW d.ddd, NS d.ddd) Eligible Purpose Amount Reauested: $ Is the amount being re nested the same as the amounts provided in the: Resolution �? Budget =? I. Sponsor and Primary Contact Information - (B is the applicant's responsibility to update this information as necessary. ) Proiect Sponsor (from Resolution) Unit of Local Government Signatory (Name and Title) U.S. Postal Mailing Address Ten -digit Telephone Number Email Address _Primary Contact Name U.S. Postal Mailing Address Ten -digit Telephone Number Email Address H. Official Resolution: M. Proiect Narrative: IV. Proiect Plan and Location Map: V. Proiect Budget: Attachment C DE=Q Contract 6962 North Carolina Division of Water Resources Water Resources Development Grant Application Carolina Beach Inlet Inshore Dredge Material Management Site Regulatory Authorizations t-aronna beaen Inlet, Lima 2010 Submitted by New Hanover County 7 June 2016 Date: 7 June 2016 Attachment C DEQ Contract 6962 Project Name: Inshore Dredge Material Management Site Water Body: Carolina Beach Inlet Complex County: New Hanover County River Basin: Cape Fear River Project Sponsor: New Hanover County Chris Coudriet, County Manager 230 Government Center Drive Wilmington, NC 28403 Primary Contact: H. Layton Bedsole Jr., R.E.M. Shore Protection Coordinator 230 Government Center Drive Suite 160 Wilmington, NC 28403 Phone: 910 - 798 -7104 Email: lbedsole(&nhcgov.com 2 Attachment C DEQ Contract 6962 Proiect Overview New Hanover County's (NHC) beaches and inlets are major coastal infrastructure features of targeted business lines within the local municipalities, NHC and North Carolina (NC). As coastal infrastructure, Carolina Beach Inlet (CBI) is an integral part of small businesses; the tourism industry; public recreation and NC's commercial /recreational /for -hire fisheries. CBI is located within unincorporated NHC approximately 1.4 miles north of Carolina Beach's town limits. NHC and the NC Division of Water Resources (NCDWR), through contracted use of the federal dredge fleet, have proactively attempted to maintain CBI at the federally authorized dimensions of -8 feet (ft.) (t2 ft.) in depth at mean low water (MLW) and with a bottom toe width of 150 ft. (USACE 1980). NHC is proposing more efficient use of existing maintenance capabilities within the CBI complex. NHC attempts to maintain CBI quarterly and when federally funded, the USACE maintains the Atlantic Intracoastal Waterway (AIWW) crossing every two years. A NHC CBI maintenance strategy is to facilitate hopper dredges in the late winter and early fall while ensuring hopper dredge access depths with supplemental side casting events in the winter and summer. In 1970, the USACE incorporated an engineered sediment trap located in CB Inlet's throat. This sediment trap is the source of beach quality sand accessed for the CB coastal storm damage reduction (CSDR) project's maintenance events (USACE 1970). The CBI engineered borrow site has been used for beach quality sand since 1981 (USACE 1993). Figure 1. 3 Attachment C DEQ Contract 6962 In 2012, NHC was issued individual permits that allow the continued maintenance of the CB CSDR project as the USACE has implemented over the past 50 years. The NC Division of Coastal Management (NCDCM) Major Permit #138 -12 issued on 12/21/12 included use of the CBI engineered borrow site. In 2014, NHC approached the USACE Navigation Branch with alternative sediment management practices which incorporated improved inlet maintenance efforts. Per the USACE, there are no funding mechanisms available for modifying the USACE's CBI sediment management authorizations (Personal communication, USACE Wilmington District, Legal). hi May 2016, NHC was issued state and federal permits to maintain CBI just as the USACE has for the past several decades (NCDCM Major Permit #50 -16, issued on 5/5/16). NHC is now requesting to modify the recently issued CBI permit allowing improved approaches to CBI maintenance dredge material management practices. NHC is requesting authorization to multi - purpose the engineered borrow site as an inshore dredge material management site (IDMMS) (Figure 1). There are no inlet template modifications associated with this request. NHC requests a broader access of dredge material management that is ecologically sound, based on good engineering and is economically justified as described below. Improvement Challenges Considering the number of East Coast and Gulf Coast shallow draft channels maintained by the USACE's 3- vessel dredge fleet, scheduling plant accessibility is "as available" more so than "as preferred /planned." The CBI complex's sediment management techniques currently include side channel placement (sidecast dredge plant Merritt), near shore placement (hopper dredge plants Murden and Currituck) and beneficial shoreline placement (private sector, hydraulic pipeline). An ongoing challenge within the USACE's process is the inability to mix operation and maintenance funds (inlet maintenance) with construction general funds (CSDR operations). As such, optimizing dredge material management within two separate USACE business lines is somewhat cumbersome if not impossible. Additionally, federal responsibilities are being pushed to the local levels as a result of national priorities. As such, local entities are exploring alternatives that retain their coastal infrastructures' purpose and needs in protocols that are considered as well engineered, ecologically sustainable and economically viable. Attachment C DEQ Contract 6962 Proposed Modifications NHC is proposing the ability to multi - purpose the engineered borrow site as an IDMMS facilitating continued beneficial reuse within the CB CSDR template (Figure 2). Figure 2. (1) NHC proposes placing beach quality maintenance dredge material in the IDMMS by hopper dredge as an alternative to the nearshore placement area two miles south of the inlet. This approach would improve the hopper dredges' effective operational periods by reducing transit rimes, fuel consumption and limiting wave conditions for surf access. This capability would strategically stage beach compatible material within a currently authorized engineered site for future beneficial reuse. NHC proposes the same hopper dredge access to the AIWW crossing with the same beneficial reuse management. (2) NHC proposes a modified hydraulic pipeline alignment that positions a Tremie pipe discharge configuration facilitating positional placement of beach quality material within the IDMMS. This modified approach could be applicable to the USACE's AIWW crossing maintenance work as well as other CBI connecting channel reaches. These modified approaches could minimize potential effects on shorebirds, sea turtles, near- shore fisheries and benthics. Attachment C DEQ Contract 6962 Regional Benefits Diversifying dredge material management options allow more flexibility within the USACE's shallow draft dredge fleet. Allowing multi - purpose use of the IDMMS, hopper dredges can reduce their travel distance to and from the current nearshore disposal area (Figure 3). This reduction in travel distance could significantly reduce the cost/yard of maintenance dredging in CBI. Figure 3. Attachment C DEQ Contract 6962 Use of the IDMMS could potentially reduce resource effects during maintenance dredging events. The hopper dredges would be using an engineered borrow site (40 ft. depth) as opposed to ocean front nearshore bottoms. These surf zone bottoms are considered valuable areas to juvenile finfish, sea turtles, shorebirds, benthic and epi- benthic species. A hydraulic pipeline including a Tremie discharge configuration could also avoid potential effects by minimizing pipeline alignments along the dune line, the potential nearshore effects previously mentioned as well as critical habitat for specific shorebirds and sea turtles. As an access channel to the Atlantic Ocean, many of our visitors as well as NC and NHC residents use CBI. If maintained at authorized dimensions, CBI may result in an annual sales output of $76.1M and a NHC employment base of 584 jobs (Dumas and Whitehead 2014). The NC Beach & Inlet Management Plan (BIMP) Table IV -12 (For -hire Fishery, Passenger Direct Spending) when compared to an approximate annual maintenance dredging budget of $500K results in an approximate $17 return on each maintenance dredging dollar spent. Such economic drivers mandate our continued efforts to improve maintenance dredge material management strategies. A subtle but significant result of the IDMMS is to further NHC's management of beach quality sand. Maintaining and managing sources of beach quality sand will be vital to the future of NHC's coastal storm damage reduction projects. Implementation of the IDMMS would be a step toward that goal. Proposed Permitting Approach NHC suggests current and detailed resource documentation is within the federal and state agencies' data bases from recent NHC permitting efforts. This documentation includes the 2012 Carolina Beach CSDR permitting [Biological Assessment (BA), Essential Fish Habitat (EFH) Assessment, US Fish and Wildlife Service's Biological Opinion (BO) and DCM Major Permit]; the 2015 Kure Beach CSDR permitting (BA, EFH, BO, DCM Major Permit Modification); the pending 2016 Wrightsville Beach CSDR permitting (BA, EFH, BO, DCM Major Permit Modification); the 2016 shallow draft inlets' permitting (BA, EFH, BO, DCM Major Permit) and a 2015 revised BO for the Mason Inlet Relocation Project. All geotechnical, biological and operational information associated with these projects is currently on file and is proposed to be referenced as necessary for the proposed permit modification package. Attachment C DEQ Contract 6962 Proieet Budget The following proposed budget is for the state and federal permitting efforts authorizing the multi -use of the IDMMS. Project Nam: Inshore Dredge Carolina i. kmd as-ti.] Fish 11,biat/BiO,gial Ass, mm (­I,srency) ����� Attachment C DEQ Contract 6962 Conclusion The IDMMS is proposed to improve channel maintenance options in terms of maintenance dredge material management. The CBI complex includes a connecting channel from the AIWW crossing through two healthy inlet shoulders to the Atlantic Ocean. The CBI has an authorized depth of -8 ft. (f2 ft.) MLW with a bottom toe width of 150 ft. NHC is requesting a Water Resources Development Project Grant supporting the federal and state permitting of an IDMMS. The proposed options can improve the maintenance dredge material management within the CBI complex. The maintenance material has been confirmed as beach quality and the management options have shown not to result in significant resource effects. The applicable project costs are —$31K and NHC is submitting a grant request of 66.67% or —$21K of the IDMMS's federal and state authorization efforts. NHC will meet the remaining 33.33 %. All project reimbursements will be supported by invoices received and approved by the NHC project manager. The NHC Board of County Commissioners has passed a resolution supporting this grant request (attached). NHC humbly requests this Water Resources Development Project Grant of —$21K for the permitting of the CBI IDMMS. References: Dumas and Whitehead 2014. The Economic Impacts of Carolina Beach Inlet Navigability. Dr. Chris Dumas Dept. Economics & Finance, UNC- Wilmington and Dr. John Whitehead Dept. Economics, Appalachian State University. September 15, 2014. NHC 2011. New Hanover County Contingency Plan. 2011. Coastal Planning and Engineering. Wilmington, NC. May 2011. USACE 1970. Investigation of Erosion, Carolina Beach NC. Wilmington District. 1970. USACE 1980. Detailed Project Report on Improvement of Navigation, Carolina Beach Inlet, NC. June 1980. USACE 1993. Section 934 Re- evaluation Report and Environmental Assessment Carolina Beach and Vicinity- Carolina Beach Portion, Carolina Beach, NC. February 1993. Attachment C DEQ Contract 6962 NEW HANOVER COUNTY BOARD OF RESOLUTION SUPPORTING THE ONGOING MANAGEMENT AND MAINTENANCE OF CAROLINA BEACH INLET WHEREAS, the New Hanover County (NHC) Board of Commissioners supports the ongoing management and maintenance of Carolina Beach Inlet through a coordinated effort facilitating the implementation of an inshore dredge material management site ( IDMMS). NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that: 1) The Board requests the State of North Carolina (NQ to provide financial assistance to New Hanover County's coordination and authorization of the IDMMS in the amount of $21,000 or 66.67% of the project's federal and state permitting and authorization costs; and 2) NHC assumes full obligation for payment of the balance of permitting costs; and 3) NHC holds all necessary NC and federal permits for modifying; and 4) NHC has complied with all applicable laws governing the award of contracts and the expenditure of public funds by local governments; and 5) NHC has obtained suitable dredge material disposal areas as needed and all other easements or rights -of -way that may be necessary for the project implementation without cost or obligation to NC; and 6) NHC has assured that the inlet is available for use by the public on an equal basis; and 7) NHC will hold NC harmless from any damages that may result from the construction, operation and maintenance of the project. ADOPTED this the 6a' day of June, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Qjt,�� Teresa P. Elmore, Clerk to the Board Water Resources ENVIRON -AL QUALITY June 17, 2016 Mr. Chris Coudriet County Manager New Hanover County 230 Government Center Drive Wilmington, North Carolina 28403 Dear Mr. Coudriet, Attachment DEQ Contract 6962 PAT MCCRORY 6""""I DONALD R. VAN DER VAART S. JAY ZIMMERMAN 11lrt'�'lir�' I am pleased to announce that $21,000 in financial assistance for the "Carolina Beach Inlet Dredging Permit Modification Project (IDMMS)" has been tentatively approved by the State of North Carolina. The award is pending the successful execution of a grant contract between the State and your county. I congratulate you and the New Hanover County Board of Commissioners ( NHCBC) on the sponsorship of this project. These funds will provide financial assistance to the County to complete the permit modification process for future maintenance dredging of Carolina Beach Inlet. The modification will allow for increased efficiency in the long tern management of the inlet and help maximize the use of State and County dredge funding. You and the NCHBC are to be commended for this effort to minimize cost, increase maintenance efficiency, all while keeping the channel safe and navigable. The Division of Water Resources of the Department of Environmental Quality will be contacting your Shore Protection Coordinator concerning the grant contract and the administrative requirements for the use of state funds for this project. Sincerely, Director, N.C. Division of Water Resources cc: Mr. Layton Bedsole, NBC Shore Protection Coordinator Nothing Compares Sraro of North Car hm I Fnvh—ental Quality 1 Waer Resources 1611 Mad $wise Center I Raleigh, North C—1 m 27699 -1611 919 707 9000 Attachment E DEC Contract 6962 CERTIFICATION OF ELIGIBILITY Under the Iran Divestment Act Pursuant to G.S. 147 - 86.59, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 147 - 86.58, is ineligible to contract with the State of North Carolina or any political subdivision of the State. The Iran Divestment Act of 2015, G.S. 147 -86.55 et seq.* requires that each vendor, prior to contracting with the State certify, and the undersigned on behalf of the Vendor does hereby certify, to the following: 1. that the vendor is not identified on the Final Divestment List of entities that the State Treasurer has determined engages in investment activities in Iran; 2. that the vendor shall not utilize on any contract with the State agency any subcontractor that is identified on the Final Divestment List; and 3. that the undersigned is authorized by the Vendor to make this Certification Vendor: I eW noJe(- COUdI�4 By: 4kQ. o- (-k)-- '� I (-1 I I l,, Signature Date LLVa ULtfi elver L�iteO�jnartercj (),Kicer Printed Name Title The State Treasurer's Final Divestment List can be found on the State Treasurer's website at the address: https: / /www nctreasurer com /inside- the - department /openGovernment /Pages /Iran- Divestment- Act-Resources aspx and will be updated every 180 days. For questions about the Department of State Treasurer's Iran Divestment Policy, please contact Meryl Murtagh at MeryLMurtogh @nctreasurer.com or (919) 814 -3852. * Note: Enacted by Session Law 2015 -118 as G.S. 143C -55 et seq., but has been renumbered for codification at the direction of the Revisor of Statutes.