FY19 ENV MGT NCDEQ Recycling grant NO 7558N"Z,.-
Environmental
Quality
June 21, 2018
Kim Roane
New Hanover County Environmental Management Department
3002 U.S. Highway 421 N
Wilmington, NC 28401
ROY COOPER
co—or
MICHAEL S. REGAN
Secretary
Dear Ms. Roane,
Enclosed is a fully executed copy of Contract No.7558 between New Hanover County and the
Department of Environmental Quality.
Invoices or matters regarding work to be performed should be directed to the Contract
Administrator, Matt James, as indicated in the contract document.
Please include Contract No. 7558 on each invoice submitted for payment.
Should you have any questions regarding the contract, you may contact me at (919) 707 -8539.
Sincerely,
Tommy Kirby
Purchasing Director
Purchase and Contract Section
Enclosure
cc: Matt James, DEQ DEACS
State of North Carolina I Environmental Quality
217 Westjones Street : 1601 Mail Service Center I Raleigh, North Carolina 27699 -1601
919 707 8600
STATE OF NORTH CAROLINA
COUNTY OF WAKE
GRANT CONTRACT NO. 7558
GRANTEE'S FEDERAL
IDENTIFICATION
NUMBER: " --0324
North Carolina Department of Environmental Quality
Financial Assistance Agreement
This financial assistance agreement is hereby made and entered into this 1" day of July, 2018, by and between the
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY (the 'Deparhnent') and NEW HANOVER COUNTY
(the 'Grantee"').
1. Audit and Other Reporting Requirements of the Loral Government Commission. If subject to the audit and other
reporting requirements of the Local Government Commission pursuant to Article 3 of Chapter 159 of the North Carolina
General Statutes (Local Government Budget and Fiscal Control Act), the Grantee understands and agrees that the terms,
conditions, restrictions and requirements hereinafter set form shalt only apply to the extent not inconsistent with, or
superseded by, the audit and other reporting requirements of the Local Govemment Commission.
2. Contract Documents. The agreement between the parties consists of this document (the 'Contract Cover') and its
attachments, which are identified by name as follows:
a. State's General Terns and Conditions (Attachment A)
b. Department's Request for Proposal ( "RFP ") (Attachment B)
c. Grantee's Response to RFP, including scope of work, line item budget, budget narrative and, if appfcabfe, indirect
cost documentation (hereinafter referred to generally as the 'Award Proposal ") (Attachment C)
d. Notice of Certain Reporting and Audit Requirements (Attachment D)
Together, these documents (the 'Contract Documents ") constitute the entire agreement between the parties (the
'Agreement'), superseding all prior oral or written statements or agreements. Modifications to this Contract Cover or to
any other Contract Document may only be made through written amendments processed by the Department's Financial
Services Division. Any such written amendment must be duty executed by an authorized representafive of each party.
3. Precedence Among Contract Documents. In the event of a conflict or inconsistency between or among the Contract
Documents, the document with the highest relative precedence shall prevail. This Contract Cover shall have the highest
precedence. The order of precedence thereafter shall be determined by the order of documents listed in § 1 above, with
the first - listed document having the second- highest precedence and the last - listed document having the lowest
precedence. If there are muitple contract amendments, the most recent amendment has the highest precedence and the
oldest amendment has the lowest precedence.
4. Contract Period. This Agreement shall be effective from July 1, 2018 to June 30, 2019, inclusive of those dates.
5. Grantee's Duties. As a condition of the grant award, the Grantee agrees to:
a. Undertake and deliver the grant award project, plan or services as described in the Award Proposal (Attachment C),
adhering to all budgetary provisions set out therein throughout the course of performance.
b. Ensure that all award funds are expended in a manner consistent with the purposes for which they were awarded, as
described more fully in the attached Contract Documents.
The contract documents attached hereto may at tunes use attemative terms to describe the Grantee. Such terms might include, but are not
necessarily limited to, the foftow ng (in common or proper form): 'recipient,' applicant,' of 'participant'
Page 1 of 5
GRANT CONTRACT NO. 7556
C. Comply with Oe requirements of 09 NCAC 03M.0101, at s". (Uniform Administration of State Awards of Financial
Assistance), including, but not limited to, those provisions relating to audit oversight, access to records, and avalmility,
of audit work papers in the possession of any auditor of any recipient of State funding.
d. Comply with the applicable provisions of Attachment D, Notice of Certain Reporting and Auld Requirements,
e. Maintain all records related to this Agreement @for a period ofam(6) years following the date on which this Agreement
expires or laminates, or (tr7 until all audit exception have been resolved, whichever is kvger.
f Comply with all laws, ordinances, codes, roles, regulators, and licensing requirements applicable to its perfoman e
hereunder and/or the conduct of Its business generally, Including trial of Federal, Slate, and local agencies having
jurisdiction and/or autwrity.
g. Obtain written approval horn the Departments Contract Administrator (see § 13 below) prior to making any subaward
or subgrant not already described in the Award Proposal.
h. Ensure that the tens, condilil restrictions and requirements of this Contract Cover, including those incorporated
by reference to other Contract Documents and/or applicable law, are made applicable to, and binding upon, any
subgmntee who receives as a subawaM or subgrant any portion of the award funds made available to the Grantee
hereunder.
i. Take reasonable measums to ensure Oral any subgrantee (i) compies with the terms, condition, restrictions and
requirements set forth in this Contract Cover, including those incorporated by reference to other Contract Documents
andlor applicable law, and (0 provides such information in its possession as may be necessary for the Grantee to
comply with such lams, conditions, restrictions and requirements.
6. Departments Duties. The Department shall pay the Grantee in the manic and smouns specified below and in
accordance with the approved budget set forth in Ore Award Proposal,
7. Total Award Amount. The total amount of award funds paid by the Department b fee Grantee under this Agreement
shall Trot exceed THIRTY THOUSAND DOLLARS ($30,000.00) (the 'Total Award Amourin, This amount consists of
Furdfrg _ _
F-TyperifFqoccj I Fundinct SOrnce CIF No,
L6pproknall I Slala Furls I NIA
Acmraf 6dortnillian:
Doles GL GL Account GL Cente
I •
530,000.OD 1�2 536961 6760
Grantee Matching information:
[ ] a. Them am no matching requirements from the Grantee.
[ ] b. There am no malchhg requirements from the Grantee; however, the Grantee has committed the following match
to this project
InXind
Cash {
- -Cash end kflGd S —.
l7Na! Spsry: j
Page2ad5
GRANT CONTRACT NO. 7558
[ X ] c. The Grantee's matching requirement is $15,000.00 in Cash, which shall consist of:
In -Kind $
X Cash - $15,000.00
Cash and In•Ktitd $
Other!
[ j d. The Grantee is committing to an additional $ to complete the project or services described in the Award Proposal.
Based on the figures above, the total contract amount is $15,000.00.
B. Invoice and Payment The award funds shall be disbursed to the Grantee in accordance with the following provisions:
a. The Grantee shall submit invoices to the Department's Contract Administrator at least quarterly. The final invoice
must be received by the Department within forty -five (45) days following the date on which termination or expiration
of this Agreement becomes effective. Amended or corrected invoices must be received by the Department's Financial
Services Division within six (6) months of such date. Any invoice received thereafter shall be retumed without action.
b. The Department shall reimburse the Grantee for actual allowable expenditures, with the Department retaining a
minimum of ten percent (10%) of the Total Award Amount until sit grant - related activities are completed and all
reports/deliverables are received and accepted by the Department. As used herein, "allowable expenditures" are
expenditures associated with work conducted to meet performance obligations under this Agreement, provided such
work is carried out in a manner consistent with the Award Proposal. The Department may withhold payment on
invoices when performance goals and expectations have not been met or when the manner of performance is
inconsistent with Attachment C.
9, Grandee's Fiscal Year. The Grantee represents that its fiscal year is from July 1 to June 30.
10. Availability of Funds. The Grantee understands and agrees that payment of the sums specified herein shall be subject
to, and contingent upon, the allocation and appropriation of funds to the Department for the purposes described in this
Agreement.
11. Reversion of Unexpended Funds. The Grantee understands and agrees that any unexpended grant funds shall revert
to the Department upon termination of this Agreement.
12. Supplantation of Expenditure of Public Funds. The Grantee understands and agrees that funds received pursuant to
this Agreement shall be used only to supplement, not to supplant, the total amount of Federal, State and local public
funding that the Grantee would otherwise expend to carry out the project or services described in the Award Proposal.
13. Contract Administrators. Each party shall submit notices, questions and correspondence related to this Agreement to
the other party's Contract Administrator. The contact information for each party's Contract Administrator is set out below.
Either party may change its Contract Administrator and/or the associated contact information by giving timely written notice
to the other party.
Grantee Contract Administrator
i Department's Contract Administrator_
Joe Suleyman
Matt James
New Hanover County Environmental Management Depart
DEACS
3002 U.S. Highway 421 N
1639 Mail Service Center
Wilmington, NC 28401
Raleigh, NC 27699 -1639
Telephone: 910 - 7984403
Telephone: 919- 707 -8133
Email: isulevmang,nhc ov.corn
Email matt.' ncdenr.00v
Page 3 of 5
GRANT CONTRACT NO. 7558
14. Assignment. The Grantee may not assign its obligations or its rights to receive payment hereunder.
15. Procurement. The Grantee understands and agrees that all procurement activities undertaken in connection with
this Agreement shall be subject to the following provisions'
a. Now of the work or services to be performed under this Agreement involving the specialized slug or expertise of the
Grantee shall be contracted without prior written approval from the Department.
b. In the event the Grantee or any subrecipient of the Grantee contracts for any of the work to be performed hereunder.
the Grantee shall not be relieved of any duties or responsibiliSes herein set fond.
c. The Grantee shall not contract with any vendor who is restricted from contracting with the State of North Carolina
pumuantto N.C.G.S. §§ 143 - 133.3,143 -59.1, 143591 or 14786.60.
16, Subewards. The Grantee understands and agrees Mat anysubaward or subg rant of any portion of the financial assistance
provided hereunder shall not relieve the Grantee of any duties or responsibilities herein set forth.
17. Tiee VI and Other Nondiscrimination Requirements. Throughout the course of its performance hereunder. the Grantee
shall comply with all applicable State and Federal laws, regulations, executive orders and policies raising to
nondiscrimination, including, but W limited to,
Title VI of the Civil Rights Ad of 1964, as amended;
Civil Rights Restoration Act of 1987, as amended,
Section 504 of the Rehabilitation Ad of 1973, as amended,
Age Discrimination Ad of 1975, as amended;
Titles II and III of the Americans wth Disabilities Act .11990, as amended;
Title IX of the Education Amendments of 1972, as amended;
Part III of Executive Order No. 11246 (September 24. 1965), as amended; and
Section 13 of the Federal Wa4+r Pollution Conflict Act Amendments of 1972.
In accordance with the above laws and their implementing regulations. Ma Grantee agrees to ensure that no person in the
United Slates is, on the basis of race, War, national origin, sex, age or disability, excludetl from participation in, denied
the benefits of, or subjected to discrimination under any program or activity for which the Grantee receives Federal
assistance. For purposes of this provsion,' program oracdvmj shall have the meaning ascriled to thatterrn under Federal
law(see42 U.S.OS. § 2o0R1 -0a).
The Grantee understands and acknowledges hat, in addition to itself, any lowi =!plant of Me financial assistance
provided hereunder must also comply with the regmemari of Mis section. Accadmgly, the Grantee agrees to include a
similar provision in any financial assistance agreement made with any lower -der recipient of such assistance .
18. E- Verify. To the extent applicable, the Grantee represents that it and each of its subgrantees, contractors and/or
subcontractors performing work pursuant to, or in association with, this Agreement are in compliance with Article 2 of
Chapter 64 of the North Carolina General Statutes, including, in particular, the requirement that certain employers verity
the work authorization of newly hired employees using Me Federal E -Verify system.
Page 4 of 5
GRANT CONTRACT NO. 7558
19. Termination by Mutual Consent. This Agreement may be terminated by mutual consent of the parties, provided the
consent is documented in writing and duly executed by an authorized representative of each party.
20. Survival. Any provision contained in this or any other Contract Document that contemplates performance or observance
subsequent io the termination cr expiration of this Agreement shall survive the termination or expiration hereof and continue
in full force and effect.
21, Signature Warranty. The undersigned represent and warrant that they are authorized to bind their principals to the terms
and conditions of this Contract Cover and the Agreement generally, including those incorporated by reference to applicable
law.
IN WITNESS WHEREOF, the Grantee and the Department execute this Agreement in two (2) originals, one (1) to
be retained by the Grantee and one (1) to be retained by the Department, the day and year first above written.
NEW HANOVER COUNTY
gy ! ' z�-
mntee's
I t r.tsi�.y
C, Q wcTe S,
'Pc�tS�v� CO+x�t I�Q�wGQ(
Printed Name and Trtle
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENTAL QUALITY
By
Signature of rtmen(Head or Authorize(?; ent
Tommy Ktrb, Purchasin. Director
Printed Name and Title
ow 0a'1\ OV Qr ( C),,4, Financial Services Division Purchasirr. and Contracts Section
Organization Division/Section
ORIGINAL
Page 5 of 5
General Termer a" Gonealoma
G.— amai Entities
DEFINITIONS
Unless indicated otherwise from the context the following leans
shat have the following meanings in this Centred. All call 6 ne
are from g NCAC 31AG102 unless omerwse poled. If the nrle or
statute that is trre source of the definition is charged by the
adopting rummy, the change shat be incorporated herein.
(1) 'Agency (as used in the roman of the definitions
below) means and incudes every pub u, office, public
off— or oMdal (State or lots, ended of appointed),
instifuton, board, cdmmissbn, burew, coundl,
department, authority or other unit of govalramenl of the
Stab or of any county, unit, sprow blared or other
poldcal sub -agency of govamment. For other
purposes In this Contract, ' Agenq' means the amfily
identified ss one of Me pates heeto.
(2) 'Audit means an examination of records or fair ..W
counts to verily their accuracy.
(3) 'Cerefficafion of Compliance' means a report preaded
by the Agency to the Office of the Stale Auditer that
slates that doe Grantee has met rte reporting
raqutremenls ealablished by this Subehapler and
inducied a maternent of Pertif bed by he Agency and
mppes of the submitted grantee reporting pe "age.
(4) 'Commerce Supplement' rem b the North Gibm"
Stale Compliaace Supplement. maintained by the Suite
and Local Government Finance Agency within Me
North Gamine DeparMent of Sale Treasurer that has
been developed in wope.2tion with agencies to assist
the local auditor in IdenUying program =orlalte
ferform enter and audit procedures for testing those
requirements.
(5l 'Conaact' means a Iaga inaturnent that ts used to
reflect a random" between Me agency, grantee, and
sub - grantee.
(6) 'Fiscal Year means Me annual operating year d Me
—'State entity.
(7) 'Fin - anco cal Assistance' means assst that w.
State enafies receive or edmmiaer in are form M
grants, bans, ban guarantees, property (ini
donated surplus property). weperativa agreements,
interest sub5bies, insurance , food commodities, diBc
appropriations, and other asstance. Financial
assistance does not include amounts received as
eimbureemenl for services rendered b indviduals M
Medicare and Medicaid patient services.
(8) 'Fin -cia Slatemen ns C mea a report providirg
financial slaaatce read. for e given pat of an
organization's operations or status.
(9) -(3 r means financial assistance pnovded by an
agency, grantes, or sub-gra ese re cony wt activities
whereby the grantor wearales no programmatic
mamereent aid Me gri mere or sub-grantee during the
perlonn— tilthagrant.
(10) 'Granlea'has the meaning in G.S. 143C823(ay2): a
non -State entity Mat receives a grant of Sole hinds
AnatlxnaMA
pro G-tra n 7558
from a Slate agency, debarment, or insAbilion but
does not include any rim -Sent, entry subject he the
audit and other latetng requirements of the Local
Govamment Commisslan. For Omer purposes in this
Cooled,'Granles' shall mean the amity identfied as
one of the Parties hereto. For purposes of this
on
ptrad, Grantee arm induces odxe Slate agencies
such as terwaratits.
(11) 'Grenlor means an en ly that proides resources,
generally financial, to another entity in atler to achieve
a speafiee goal oro"Ove.
(12)'NonStaa Entry has the meaning b N.C.G.S. 1436
1- 1(d)(16): A firm, corporation, partnership, association,
county, unit of 1=1 government public authority. or
any other parson, organization, group, or goa semenlal
an* that is not a State agency, departent, or
inatiluton.
(13) 'Public AuMOrty has the meaning in N.C.G S. 159-
7(10): A municipal corporation that is not a unit of local
govemm ill or a local gonenmenla authcely, board,
wuncl, or agency Mat (I) is not a
municipal corporation, (sq is net suged of the Stele
Budget Act, and (ii) operates on an area, begionse, or,
mWfiuna bass, and the budgeting and accounting
systems of which are front fully a part of the budgeting
ate axountng systems of a unit of local govxmrreat.
(1d) 'Single Audr means an audit Met includes an
arawbartion of ran organebatiMs financial statements,
income connote, arid compliance with the requirements
of Federal Or State awards.
(15) 'Special Appropriation' means a legistativa act
authon eng the expenditure of a desgnated amount of
putt kinds for a specific purpose.
(16) 'Stale Funds' means any funds appropriated by the
North Carding Gana Assembly or coteded by Me
State Of Nah Carolina. Store funds include federal
financial assistance feceised by Me State and
bans arree o' diswrsed to non -State entities. Both
Federal and Store funds mantain Mar identity as they
ore sub-granted to other organuatons. Pursuant to
NC.G.S. 143C-6- 23(a)(1), the lambs 'Slate grant
funds' and 'State grants' do not include any payment
made by the Medicad Program, the Teadwrs' and
Stare Employees Comprehensive M,a'or Medical Plan,
or other similar mica programs.
(17) 'Sub -9ae ' has the meaning in GS. 14368
23(a)(4) a rcni entity that meek e a grant of
Stall funds from a grantee or hem another subpenlee
but does net hhdWes any non-Slak entity subject te the
audit and other reporbrg requirements of the Local
Government Commission.
(18) 'Unit of Local Government has the meaning in G.S.
15&7(b)(15): A municipal corporation that has the
power to levy taxes, including a consolidated city -
county as defined by G.S. 1648.2(1), and all boards,
agencies, commissions, authorities, and institubons
thereof that are no! municipal corporabons.
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 Granlee 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
at sub - grantees, if any, povide 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 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 dam 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 Contraxt 7558
third person receiving services or benefits under this Contract is
an incidental beneficiary only.
Indemnity
Indemnification: In the event of a clam against either party by
a third party arising out of this contract, the party whose actions
gave rise to the dam is responsible for the defense of the claim
and any resulting liability, provided that a party may not waive the
other parly'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 Attomey 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:
Workers Compensation: The Grantee provides
and maintains Workers 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 subgranlee 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
uninsuredlunder 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 Stale of North Carolina.
Grantee obtains coverage from companies thal 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
ea times with the tends of well insurance polities,
entl all requirements of the Insurer under any such
liner n policies, except as they may confird wind
existing North Carolina laws or this earthed The
limits of ce verege under each insurance policy
malntalned by the Grantee do not limi Grantees
uabilhy and obligations under fire conract.
Weed and Termination
Termination by Mutual Cone wed, Either parry may tandeale
this ogre et upon sixty (W) days nonce in wdmg horn me
other party. In that evens all timared o unfinished
documents and other materials, at the option of the Agency,
be submitted W the Agency. d the contract is terminated as
provided herein, the Grantee is paid in an amount which
bears the same ratio to the local canpeneason as the
services """ performed performed bear W the total services of the
Grantee covered by this agreement; for costs of work
performed by subcontractors for the Gramm provided that
such subcontracts have been approved as provided herein; or
for each full day of services performed where compensation us
based on each lull day of services performed, less payment of
compensation previously made. The Grantee repays to the
Agency any compensatce the Grantee has received which is
in excess of the payment to which he is entitled herein.
Termination for Cauca: If, through any cause, the Grantee
fails to IumII In timely and Proper manner the obligat -a
under this agreement, the Agency thereupon has the right to
lerminale this contract by giving written notes to the Grantee
ter
of such mination entl specifying the reason thereof add the
effective date thereof. In that event, all finished or unfinished
documents, data, studies, surveys, cravings, maps, models,
photographs, and reports prepared by the Grantee. at the
option of the Agency, be submitted to the Agency, sed the
Grantee is entitled to receive just and equitable com evesside
for any sell' factory wank completed on such documents and
omen 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 W the Grantee for the purpose of sec off until such
time as the exact amount of damages due the Agency from
such breach can be determined.
Waiver of Defaub: Waiver, by the Agency of any chi or
aesch in compliance with the terms of this Contract by the
Grantee is not a wavy If any subsequent defaut a breach and
is not a modfluaton of the lams of this Contract unless stated to
be such in writing, signed by an sumorized feprasematire of me
Agency and the Grantee and attached W the caramel.
Availability of Funds: The parties to this Contract agree and
undastend that me payment of the sums specified m this
Contract is dependent and contingent upon and wbi W the
appropriation, albcalion, and avagabirrry of funds for this purpose
to the Agency.
Aaac a-
OEO Co vt 7558
Force Malaure: Neiman party is in default of he obligations
hereeme- if It is Prevented from performing su h obfgabons by
any act of war , roams foreign action, nudeer explosion, riot,
stokes, dml insure tied, em bihiske, bumrane, toreado, or other
catesecphic natural event or act of God
Survival of Promises: All promises, requirements, tams,
ocnditues, prod -sins, representations, guarantees, and
rran
waties contained his,_ 04 survive me Wnaecl e,rebon
or lemonadon data wless spedfically pmvicid otherwise here,,
r camas superseded by applicable Federal or State 51aWWe of
kmitation.
I deaeetual Properly Rights
CoPydghM and Ownership of Deliverables: Any and ell
copyrights resulting from work under this agreement shell
belong to the Grantee- The Grantee hereby grants to the
Norm Caroline Department of Env'vormw,tal Duality a
royalty -free, non — elusive, paid -up license In use, publish
and distribute results of work under this agreement for North
Carolina State Government purposes only.
Compliance with Applicable laws
Compliance with Lawa: The Grantee understands and agrees
that it Is subject to wmpkamce with all laws, rd-r s, codes,
rules, regulations, and licaesng requirements that are appliceCk
W me Wnduct of its business including those of federal, stale,
and burl agences having jvrsesuen, a cUm sumody.
Equal Employment Opportunity: The Granee understands
and agrees mat it is subject W compkice with all Federal and
Stele laws relating W equal employraem up"rity.
Confidentiality
CmIfther ality: As authorized by law, the Games keeps
confidential any information, data, instuments, documents.
studies 01 apab given to or prepared or sained d by the
Grantee under his agreement and does not dvuge or make
Mato available to any individual or organization aima,t the prior
writer approval of the Agency . The Grantee acknowledges that
in receiving, stoning, processing m otherwise dealing with any
confidential information n will safeguard end rot Nrmm disclose
the information, except as omeness, pmvitlal W this Conduct or
wflhW the prig M. approve of the Agency.
Oversight
A— W Parsons and Records: The Slate Auditor and the
using agency's intemel auditors shall have access to persons
and records as a result of all contracts or gre arts entered led
by Slate agencies or polifical subdivisions in accordance with
General Statute 14781.7 and Session Law 2010-194, Section
21 (1 e., the Slate Auditors and internal auditors may audit the
records of me contractor during the term of the contract W
verify accounts and data effecting fees or pantomimes). The
Contractor shall retain all moods for a period of am (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 sic (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 yews following submission of the
final Federal Financial Status Report, H 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 until 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
contracl, 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 silus and
Ii shall be Wake County, North Carolina, where all matters,
whether sounding in contract or lort, 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 jurisdicton
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 d 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
DEC Contra# 7558
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 oontraC rests
with the Grantee. 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.
SaleslUse 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 pail 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.
AeaeraneMA
OEO COnead ]556
By E—Udw Order 24, leaded by Govamdr Pndue, and N.C.
G.S§ 13332: If is unlawful fa any wdda or donbacbr 11 .e.
archilea odder, conhalor, Wnsbucem meaW,, desgn
pofasslonel. engineer, landlord, .Astor, s.kr, subantraoha.
sa"'., a vendor), b make gBe a m give favors b any state
employee of tln Gowm.ra Cabinet Agences (.e..
Pdminisl alion, Commerce, correction, crime Coned and Pubh,
Sakty, Natural and Cu!haral Res.urces, Environmental Cuality
Health and Human Semots, Juw.nile Judie and Delinquency
Prewnbon, Revenue, Tranaporbabon, and the Office of the
Gowmcr) . This prohibition rovers Nose vend., and
.altradldrs Nho.
(1) haw a conead with a govammenlal W y: or
(2) haw Pedonned under such a mnaad oithN the past
yen: .r
(3) anbdpafe Ndding m each a oontrecl in the future.
For addbon"I inlomhabon regardeg the spy regdremenb and
erampbas vendors and coneadas and encouraged to review
Emalive Order 24 and G.S. Sac 13332.
Essabve Ober 24 also encouraged and "vied other State
Agenaes to enp i—I ere mqueemefb and pZations of the
Ema6w Ord. to I- ag.hces. Vedas and .nee fors
should coma] other Stale Agemses m deaxmine A those
agencies have adopted Eseecubw Order 24.'
Attachment 8
DEQ Contact 7558
2018 Community Waste Reduction and Recycling Grant Program
REQUEST FOR PROPOSALS
N.C. Department of Environmental Quality
Division of Environmental Assistance and Customer Service
The purpose of this grant program is to assist local governments with the implementation, expansion, and
improvement of waste reduction and recycling programs in North Carolina. The Division of Environmental
Assistance and Customer Service ( DEACS) administers the Community Waste Reduction and Recycling
Grant program through the Solid Waste Management Outreach Program.
With the release of this Request for Proposals (RFP), DEACS is seeking proposals that request grant funding
to help initiate or expand public waste reduction programs within the state. Applicants should carefutly
read this entire RFP prior to submitting a proposal. Proposals must be received by DEACS by 5:00
p.m. on Friday, February 16, 2018. Please address any questions about this grant program to Joseph
Fitzpatrick at (919) 707 -8121, joseoh.fitznatrick @,ncdenr.eov.
Communin Waste Reduction and Recvcline Grant Proeram Parameters:
The 2018 Community Waste Reduction and Recycling (CWRAR) 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 three categories of CWRAR Grants for 2018:
Standard Project Grants, Priority Project Grants, and Special Large Priority Project Grants. Different levels
of grant funding are available for each project category. See the Available Funding section of this document
for more information.
Standard Project Grants:
Standard Project Grants support a wide range of projects that increase and / or enhance public waste
reduction and recycling. The following list provides examples of Standard Projects:
• Projects that demonstrate the 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 supporting
increased waste reduction;
• Projects that increase the diversion of materials that are banned from disposal in Noah Carolina;
• Projects that implement education and outreach efforts that will grow public awareness about waste
reduction and recycling services and / or that work to decrease contamination;
• Projects that implement new curbside recycling programs or that help transition an existing curbside
recycling program from collection using bins or blue -bags to a cart-based collection system;
• Projects that implement or expand public school recycling programs. If seeking funding for public
school recycling, please see additional provisions for public school recycling projects in the Special
Requirements section of this document;
• Projects that increase the efficiency or effectiveness of public electronics recycling programs. If
seeking funding for electronics recycling, please see additional provisions for electronics recycling
projects in the Special Requirements section of this document.
Priority Project Grants:
Priority Project Grants support investments in public recycling program areas that have been determined by
the state recycling program to be of particular importance to growing and expanding efficient and effective
waste reduction and recycling services throughout North Carolina.
- continued on next page -
aaaNnent a
nEO Conned 7559
Proposals that seek funding for the following Priority Projects are strongly encouraged:
• Projects thin create or expand away- from -home recycling opportunities such as recycling
infrastructure for parks, sports fields, streetseape / pedestrian recycling, and / or recycling at public
venties. If seeking fimding for away - from -home recycling, please sec additiml provisions for
way - from -home recycling projects in the Special Requirements section of this document;
• Projects dust implement or expand public curbside recycling service in unincorporated areas;
• Projects that implement or support Hub and Spoke Recycling Systems that consolidate commingled
recyclable materials far bulk transfer to a Materials Recovery Facility (Nhu);
• Projects that implement or expand recycling programs to collect and manage food waste from
residential or commercial sources.
Special Large Priority Project Grant for Household Haurdous Waste Prognms:
With funding assislaoce, from the Division of Waste Management Memory Switch Program as provided by
NCGS 13OA- 310.54 and as amended by SS,sien Law 2017 -57, DEACS is offering a limited number of
Special Large Priority Project Grants to support the implementation or expansion of permanent Household
Haeand.. Waste (HHW) Collection Programs. The mmber of Special Large Priority Pmject Grants that are
funded will depend on the final availability of funds from the Mercury Switch Program and Ore number of
fundable applications recened.
The goal of the Special large Priority Project Grant is to increase titian access to HHW services through
the implementation ofnew permanent HHW Programs or through the expansion of the operating hours of
existing permanent Hif W Programs. To qualify for a Special large Priority Pmjecr grant, a newly
established permanent HHW program must be open to collect HHW fiom the public at least four (4) separate
days during any given Fiscal Year. For communities operating an existing HHW program to qualify, the
HHW program must add a new location or 0 must significantly increase the number of days or he= of
operation at the existing facility.
Available Fundine:
Grant Award Amounts:
• Standard Project. Applicants are eligible fora Standard Project grant award of up to 520,0110.
• Priority Project: Applicants are eligible fora Priority Project grant award of up to 530,000.
• Special Large Priority Project: Applicants are eligible for a Special large Priority Project grant
award of up to S70,000-
Communities preparing proposals for a 2018 CW RAR Grant are strongly encouraged to comact a DEACS
Local Government Assistance Team staff member to discuss potential grant projects prior to submitting a
gram proposal. Local Go-, Team members are available to provide technical assistance and advice
on grant pmjens. A listing of team member contact information and areas of individual expertise is
available on this web site htlss' 1. /dec.ne.em /consenatioNrecsclinu rc- recvclinc- contacts.
Please see the section fthis document titled `Use of Grant Funds" for specific information about allowable
uses .(grant foods.
Cash Match Reoulremem:
Required Cash Match: CR'RAR grant winners must provide a cash match equal to or exceeding 20 percent
of the requested grant funding. For example, a groutce under this program requesting 520,000 in grant
funding from DEACS most show a minimum expenditure of 54,000 of local funds on the project. To now
the cash match requirement, a minimum of one (1) local dollar must be spent for every five (5) dollars of
grant funding awarded.
P.ttachm nt B
DEO Conk= 7558
Calculating Cash Match: To determine the necessary cash match for any grant project, first determine the
total budget associated with the project and then use the following equation: total project budget - 6 =
required cash match. The difference between the total project budget and the required cash match equals the
maximum possible grant award.
Distributions from the S2 per ton Solid Waste Disposal Tax may be used to cover cash match requirements.
In -kind contributions will not be accepted in lieu of cash match.
Grant Proiect Plannin_.:
Available funding is limited and it is anticipated that the 2018 CWRAR Grant Round will be highly
competitive. For this reason, it is important that project seeking grant funding be well thought out and well
planned, and that applicants follow the instructions in this RFP when preparing proposals by providing all
information as outlined in the section addressing Required Proposal Format. Proposals that seek grant funds
for the replacement of existing equipment will be scored substantially lower than projects that implement
new recycling services or projects that expand existing recycling services.
Use of Grant Funds:
Examples of approved uses of CWRAR Grant funds include site development costs, construction of
facilities to handle recyclable materials, equipment purchases, equipment installation costs, key recycling
program components, public awareness programs and materials that support public education such as signs
or brochures.
Examples of activities for which CWRAR Grant funds MAY NOT be used include employee salaries, land
acquisition costs. administrative expenses such as overhead, utility costs, studies or work performed by
consultants, contracted collection costs, and / or payment for other contracted recycling services such as
payment to a vendor for operating a household hazardous waste collection event.
If you have questions about eligible uses of grant funds, please contact Joseph Fitzpatrick at (919) 707 -8121
or Joseph .fitz -patrick(f?;ncdenr.uov for more information.
Eligible Entities:
• Counties, municipalities, councils of governments and solid waste authorities in North Carolina are
eligible to apply for funding from the CWRAR Grant Program.
• Applicants with an open CkVP AR Grant contract from an earlier grant cycle must have invoiced
for 90% of eligible grant funds by the proposal due -date (February 16, 2018) to be considered for
grant funding during this new grant cycle. Applicants that have completed and closed previous
CWRAR Grant projects may submit another proposal under this grant round. Proposals will not be
accepted from applicants with an open CWRAR Grant from cycles prior to 2017.
• 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 Recycling Business Development Grants, please contact Wendy Worley at
(919) 707 -8136 or wendv.worleyfancdenr.ov,
• 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. If a county or municipality seeks funding for a
public school recycling project, the local government will be responsible for making purchases
associated with the grant project and will receive grant proceeds when seeking reimbursement.
amommum e
mein Comma rsee
Additional requirements also apply for projects seeking gent support for public school recycling
p jells - see Special Requirements section below.
Conditions an Submittals:
• ONLY ONE PROPOSAL PER ELIGIBLE ENITTV WILL BE ACCEPTED. Grant proposals
may combine funding requests for multiple types of projects into one proposal. For exmmple, a grant
proposal seeking funding for away -from -home recycling receptacles plus an investmml in some
Other public recycling program element ourelated to away -from -home recycling would be
considered. If combining dittaent grant project elements into one proposal, the available funding
limits gill apply and total request may not exceed the grant award amounts noted in the Available
Funding section of rhis document.
•
Multi-party initiatives such as joint projects involving 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.
• All applicants selected for funding will undergo a compliance mdew to ensure that they do turn have
Zoutstanding Notice of Violation (NOV) related to North Carolina solid waste statues and roles.
y outstanding NOVs mug be corrmcd to the satisfaction of the N.C. Division of Waste
Management(DWM) prior to my grant being awarded. Applicants with outstanding NOVs are
responsible for providing DEACS 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.
• Applications will not be accepted from local governments that have not submitted the required Solid
Waste and Materials Management Annual Report for the most recent fiscal year.
• As a condition of grant award DEACS may work with applicants to revise initially submitted
proposals before entering into a grant contract. Initial pmposats must be received by the due date.
Changes to proposals may include adjustments to project scope, project budget, pmjeet timeline and
/mother elements of the prrmposal. Any changes to initial proposals most be approved by DEACS
and the applicant and the resultant Final CWRAR Proposal will become an attachment to the grant
contract.
• The annual CWRAR Grant cycle typically receives finding requests that exceed available funds.
However, it is a priority for DEACS to support as many qualifying projeuts as possible. After close
examination of funding requests and subject to agreement with the applicant, DEACS may award
grant amounts lower than the original request. For any amount awarded, grantees most still provide
the required cash match as explained in the Cash Match Requirement section.
Getueral Ramtrements:
General requirements for all aoolicams:
• Usage ofN.C. Solid Waste Disposal Tax proceeds: Solid Waste Disposal Tax proceeds are
distributed to eligible local governments on a quarterly basis by the Department of Revenue.
According to § 105- 187.63, these fords mug be used by a city or county solely for solid waste
management programs and services. C WRAR Grant applicants 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 should describe how disposal tax funds are utilized
and whmber proceeds will be used to supply matching funds.
• Public Building Recycling Services: CW RAR Grants will not be awarded to applicants that do not
have recyclitug services for cans, bmUes and paper available at their government buildings. As part
Of the grant pmPosal, all applcants must indicate that employees in the key government budding
operated by the applicant have reasonable acces to recycling services and are able and encouraged
to recycle materials generated in the course of government business. Please include a list of the
materials collected for recycling nt these facilities.
• Mercury Product Recycling: § 130A- 310.60 requires that my public agency using state finds for the
construction or operation or public buildings shall establish a program fm the collection and
saacament a
DED C-. rasa
recycling of all spent fluorescent lights and thermostats that contain mercury generated in public
buildings. As pan of the pant proposal, all applicants must indicate that they have a program in
place fm the collection of fluorescent lights and mercury theroummus from their public buildings. If
the applicant does not have a program in place for the collection of tbese materials, then as a
precondition of any grant award the applicant must initiate such services. Fm more information
about these requiremems and / or for assistance implementing a mercury products recycling program
please contact Joseph Fitzpatrick at 919- 707 -8121, toseoh.fiL— nickrmcdenr goy.
Special Renuiremeots:
Applicants seeking funding for public school recycling, away -tram -home recycling and/or electronics
recycling MUST address the following Special Requirerawl(s) in theirs, ubmitted proposal.
• Specie] Reoutrements for Public School Recycling Proieeta: As stated in the section addressing
Eligible Entities, only coumics, municipalities, councils of governments and solid waste authorities
in North Caroline are eligible to apply for CWRAR Grant 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 for CWRAR Grant finding. Applicants seeking finding
for public school recycling projects must provide the supplemental information outlined below to
ensure that all necessary school recycling program elements are addressed and to help demonstrate
pmjem planning. This is a competitive grant program and projects that institute or expand a system -
wide school recycling program wil I compete ban. than projects that only serve am individual school.
Eligible grant projects may seek funding for equipment (such as bins and roll carts) and/or education
materials. As with other CWRAR projects. administrative expenses, ataffsalaries and comosta
collection cons are not eligible for grant funding nor can they be used m matching funds. If a public
school system will be conMbuting fiend towards the implementation of a recycling pant project,
these finds should be paid to the Eligible Entity that will be the state grantee in order to ensue that
the state grantee makes the purchases associated with the grant project. All purcbatts associated
with a grant project must be made by the grantee. Purchases trade directly by. public school system
shall not be eligible for reimbursement. Please contact Mindy Love at 919 -707 -8 127,
mindy.lovelancdencuov for information or assistance with public school recycling projects.
School Recycling Supplemental Requirements:
o Describe the existing school recycling program (if any) that is available in the school system
associated with the grant pmjem. The description should include the following items:
• Indicate whether recycling service is available to all schools within the district or
only to certain schools within the district.
• If recycling collection presently exists or if this project implements a new school
recycling service, then please indicate the recycling service provider (e.g. indicate
whether the collection ofrecyclablms is provided by public school system
employees, by a specific local government, or through a contracted or third -party
ce provider).
Provide a list of the recyclable materials accepted by the program and indicate how
the materials are to be collected (single stream, dual stream, source separated).
• Indicate where the recyclables are going after they are collected (provide the name
ofthe materials processor).
I List all ofthe public agencies ®dror deparunrnts that collaborate to assist with or operate
the school recycling program and list the role ofeach entity. Examples could include the
local educational authority (school district), municipal and/or coumv solid waste
management departments. ideally, a holistic school system recycling program should include
cooperation between the community's public recycling program and the public school
system.
MxMMM6
"0 Contrail 7556
• If a system -wide school recycling program is in place, explain if and how this pant will
expand recycling throughout the school system and note wbether this grant project is pmt of
a phased plan.
• A designated recycling contact should he established for each sehool facility participating in
the recycling program. Examples of designated comacls might include school facility
onager, head custodian, the faculty coordinator or leader of a group or club, the principal,
or school administrator. Please provide a tin of uhools m be served by this project and the
designated recycling contact for each school including the name and title of the designated
contact.
• Indicate the locations where mewling containers are or will be placed at the selecol facilities
(e.g- classrooms• cafeterias. hallways. athletic fields, administrative offices, library, copy
rooms, etc.).
• Indicate who will be responsible for emptying the recycling containers (e.g. custodian /
cleaning gaff, teachers, students, student groups, etc.).
• Provide a plan for promoting recycling within the schools impacted by the grant project as
well as a plan fm educating staff and students about the program.
• Electronics Recycling Proflie s: Any community, searing grant funds related to an electronics
recycling related p ject must indicate in their proposal whether the local government has ever
received funds distributed from the State's Electronics Management Program. For more information
on eligibility for Electronics Management Program Funds sae this web she:
unto: /ldeo cad eav /abouVdirSSipps / waste -mama •emenVsolid- age- Lion/ 1 tranics-
mananemmUne- 1aca12'rovernmenm- info -race. If the local goverrmtent has mceiwd Electronics
Management Fund distributions in the past, then the applicant mug include information in its
proposal about how those funds have been used and about how the community intends to use the
funds that will be distributed in February 2018 and February 2019.
Successful count applicants waking grant funds to support an electronics recycling mimed project
that h va a not previously been eligible for distributions from the State's Electronics Management
Program will be required to become eligible for Electronics Management Funds on or before
December 31, 2018 as a precondition ofreceipt of CWRAR Grant funds.
Successful municipm applicants seeking grant funds to support an electronics recycling mimed
project that have not pres9ously been eligible for distributions from the State's Electronics
Management Program must decide whether or not to make tbehnselves eligible for Electronics
Management Funds prima the December 31, 2018 eligibility deadline. This decision should be
made in consultation with die county where the municipality is located and should be based on how
the distribution of funds can beg serve the advancement of electronics recycling within the
community. If it is determined that tin municipality should seek Electronics Management Funds, the
municipality should take action to became eligible for funds on a before December 31, 2018.
• A 'as -Fry -H R yahoo Protects: Grant funds for away - from -home Recycling projects can
only be used fm recycling related purchases and cannot be used to pay for the purchase of away -
from -home reccpmclm for me collection of wreste (garbage). If a proposal includes the purchase of
away -from -home receptacles that collect BOTH waste and recyctables, then the standard cash
matching fund requirement will be adjusted so that the applicant (grantee) covers the full cost of the
wage portion ofthe conminer with their matching funds. For example, if a community socks to
purchase a combo waste / recycling station that has one slot for garbage and one for recydables and
the mwPlacle costs $1,000 then the applicant will be expected to provide a cash match equal to ore
half of the purchase psicc or 5500. If seeking funding for an away -from -home recycling project,
then please indicate in the Special Requiremenm seminar, of the proposal whether any of the
Aaaawwnp a
min CanlrerA 1.8
equiprtent to be purchased will be used to collect waste materials that are intended o be disposed of
in a landfill.
In addition, applicants for away -from -home related grant p jects are strongly encouraged to specify
which cdar pani recycling receptacles are being considered for purchase as a pan of their proposal.
For assistance with and guidance on the selection of recycling receptacles please contact Mindy
Love at 919- 707 -9127 or m ndr.love k:nctinor .
Gnat Proitet Period / Fundine Period:
Successful grant applicants will be required to enter imo a grant contract with the Department of
Environmental Quality. The resultant grant contract period is intended to align with the local government
fiscal year, and will generally baw a one (1) year contract long term. Grantees must etpeod funds within the
year -long contmm period unless the grant com act end date is extended by written agreement between the
applicant and the N.C. Department of Envimument it Quality (DEQ). Extensions are possible but not
guaranteed. It is anticipated that grant contmms resulting from this gram cycle will begin m July 1, 2018
and end on June 30. 2019. All purchases associated with grant funds must be made within the grant
contract period. Any purchased made prior in the an of the gram contract or after the end date of
the grant contract will not be eligible for reimbursement
Proposal Due Date:
Proposals MUST be mosimd by DEALS by 5:00 p.m. on Friday. Feb— 16.2018. Any proposals
eeind for the deadline will not be considered. Local governments requiring board approval to apply to,
grant funds should plan to prcamre that approval before the submittal deadline.
Haw to Submit Proposals:
One electronic copy ofthe proposal must be submitted by email to ioseohfitmatrickiancdenr,gQ. Receipt
ofall acceptable proposals will be acknowledged by a -mail. Please submit electronic versions ofpmposals
as Micr_osoR Word (preferred) or Adobe (PDF) files. Ifsubmittal of an electronic version of a gram proposal
presents a hardship, please contact Joseph Fitzpatrick to discuss submittal options.
Proposals mutt be received by 5:00 p.m. on Friday, February 16, 2018. Proposals not received by 5:00
p.m. on Friday, Febnary 16, 2018 will not be accepted.
Rewired Proposal Format:
The following outline indicates what applicants most include in their proposal for their application to be
considered complete. Proposals that fail to provide all of the required information or that fail to follow
the following format may not compete well and may not be considered for hording.
• Pmiact Title
• An licmt Co tact Inf ntmt : to include the following:
✓ Name and title of main contact
✓ Organization
✓ Address
✓ Phone number
✓ Fax number
✓ E -mail address
• Date of Prol —il Submittal: this should be the date the Proposal is submitted to DEACS
• General Reouiremeuts: (see section on General Requirements for more intonation)
✓ Written statement cenifying that Solid Waste Disposal Tax Proceeds are used only
for solid waste management purposes and a description of how proceeds am used.
✓ Written statement indicating that the applicant has recycling services fm cans, bottles and
paper available at the key government buildings and a list of the materials collected.
RNtl m•nt B
DED eeatnC ]559
✓ Written statement indicating that the applicant has established a program for the collection
and recycling of fluorescent lights and mercury containing thermostats from public buildings
caned by the applicant.
• Praimt Desaiption: Provide a description of the grant project and please include the following
information in the project description:
✓ Description and quantities of items to be purchased with grant funds;
✓ Description of the anticipated life of service for the items or materials to be purchased with
grant funds (estimate how long the project will continue to serve the community);
✓ An estimate of the number of households or businesses that will be impacted by or haw
access to the recycling services associated with the proposed project;
✓ An estimate of the wage reduction impact ofth proposed project; and
✓ A description of whether the grant project will create a new, service, enhance or expand an
existing service, or support an existing recycling servicc without expanding that service.
• Special Requirements: Proposals for school recycling, electronics recycling in away -fium -home
recycling must include additional information as stipulated in the Special Requirements section.
• Project Timeline: Bulleted list showing project milestones and general implementation dates.
Timeline must begin on m after July 1, 2018 and project must be complete by June 30, 2019.
• Fmiect Budget: to include the following:
✓ Itemized list of intended eapenditums and estimated costs;
✓ Amount offends requested from the stare and amount of matching funds to be provided by
the applicant (sec Cash Match Requirement.);
✓ If the grant project is not a Priority Project Gram, the state giant award cannot exceed
$20,000;
✓ Please submit the Project Budget in a table following the example shown below:
• Note about Project Budgets: Mate and local sales taxes an not reimbursable eapenditu ms and
should not be included as pan of grant budgets.
Gnat Selecting Process:
Through a blind evaluation process, a selection committee will use the pre - established Award Criteria
identified below to rank proposals and make award decisions. The review process is expected to be
completed and pmlimmary award announcements should be made by April 2018.
Award Criteria:
Applicants are encouraged to consider the following Award Criteria as they develop their grant proposals. A
total of 100 points is available.
1. Innoaredon / Creativity (0-5 points): Is the Project innovative? Does the projea address anew
waste stream or material, create a new recycling service, or take an approach not seen in North
Carolina? Dm D the project set a among example for other communities to replicate?
2. Advancement of Public Recycling Service (0-10 points): Does the protect implement a new
recycling service in the applicant community? Does the project bring a Dew aspect ofrecycling to an
area or region of the state? Does the p jeet implement a new program or service that is p—en to be
effective in another community or region of the cute?
S—Grax Award
fora USh Mahn
Pm Tabl
Re[wling Urp fw rmmereN Raelelinf
P am lSOa wrtrp 555 e+tlQ
$1,563
labeb for UrtsaM torn Seta
5313
$e9
$112
P ramanehwa. Deer aM
$209
$al
$250
.. TOnI... _.
$SAS
SL07
56262
• Note about Project Budgets: Mate and local sales taxes an not reimbursable eapenditu ms and
should not be included as pan of grant budgets.
Gnat Selecting Process:
Through a blind evaluation process, a selection committee will use the pre - established Award Criteria
identified below to rank proposals and make award decisions. The review process is expected to be
completed and pmlimmary award announcements should be made by April 2018.
Award Criteria:
Applicants are encouraged to consider the following Award Criteria as they develop their grant proposals. A
total of 100 points is available.
1. Innoaredon / Creativity (0-5 points): Is the Project innovative? Does the projea address anew
waste stream or material, create a new recycling service, or take an approach not seen in North
Carolina? Dm D the project set a among example for other communities to replicate?
2. Advancement of Public Recycling Service (0-10 points): Does the protect implement a new
recycling service in the applicant community? Does the project bring a Dew aspect ofrecycling to an
area or region of the state? Does the p jeet implement a new program or service that is p—en to be
effective in another community or region of the cute?
Attachment e
DEQ Contract 7558
3. Planning (0 -20 points): Did the Project Description include all necessary elements as outlined in the
Required Proposal Format? Is the proposal well thought out, well researched and backed by valid
facts and assumptions?
4. Consistency with Best Management Practices (0 -15 points): Is the project consistent with
recycling industry Best Management Practices (BMPs) and / or does the project involve the adoption
or expansion of an industry BMP? Recognized BMPs may include the collection of commingled
materials. collection using carts, the use of compacting equipment for collection vehicles, and / or
the use of equipment and / or practices proven to reduce contamination and maximize diversion in
other communities.
5. Impact on the Waste Stream (0 -15 points): Will the project contribute substantially toward
reduction of the local waste stream or will it substantially increase tonnage recovered through
recycling services?
6. Efficiency / Cost - effectiveness (0 -10 points): Will the project improve the efficienev or cost -
effectiveness ofthe local waste reduction program? Does the project increase the efficiency or
effectiveness of an existing recycling service? Does the project reduce the operating cost of a
current recycling service or does it adopt practices proven to be cost effective in other communities?
7. Sustainability / Commitment (0 -10 points): Will the project be ongoing and sustained in
subsequent annual budgets? Does the project have the support of the governing body? Does the
project make investments that will continue to serve the community for years to come?
8. Joint Effort (0 or 5 points): One party proposals will receive zero (0) points, multi -party proposals
(involving cash match from all participants) will receive five (5) points.
9. Priority Project* (0 -10 points): Is the project seeking funding for a Priority Project Grant or a
Special Large Priority Project Grant, and to what extent does the project support investments
targeted in one of the Priority Project Grant categories?
If A Prot> O is Selected for Fundinti:
DEACS anticipates that applicants selected to receive grant funding will be notified by the end of April
2018- DEACS 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 of %r of grant funding is accepted:
• DEACS will conduct a compliance review with the Division of Waste Management (this may occur
before offer is accepted).
• When DEACS requires revisions to the initially submitted proposal as a condition of grant award,
DEACS and the applicant must both agree on the revisions to the proposal and the applicant must
approve any changes and accept the offered grant in writing. The Final Proposal will become an
attachment to the grant contract. 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 applicants proposal. To register in the state's e- procurement system
please visit the following link: ham:,!eorocurement.ne.gov /.
• DEACS will submit a request through the DEQ contract processing system for a grant contract.
Grantees must act to execute the resultant grant contract without excessive delay.
NOTE: Successful applicants that make purchases before a grant contract is signed by both DEQ 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.
Mle—.a
I£Q c-a Is.
• Final reports: a draft rural report is required to be submitted to DEACS at least 30 days prior to the
comma end date and a final report is required to be submitted by the comma end dam. Final reports
and drafts should be submitted electronically. All applicants are strongly encouraged to visit the
following web site to review the fund reporting format and guidelines:
ht"–J /deu.ue.eov /co;aoy; oNre.-.'M, locaigoeemment- rec.sl,n,rossistarrcderun -, ro_rups
Applicants and grantees without intemet access should contact Joseph Fitzpatrick at (919) 707 -8121
to receive a copy ofthe Final Report Guidelines.
• Extensions / Amendments: nocosi time extensions are possible but not guaranteed for grant
wtt-acc . Grmanreas seeking no -con time extensions should submit a request for a time exmrrom, at
least sixty (60) days pnorto 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 mutt include a new
timeline with revised project milestones. and should also include a revised project budget if budget
changes are also being requested. DEACS reserves the right to decline any request for extension or
amendment that is not initiated in least sixty (60) days prior to the comma end date.
• Reimbunementr distribution ofDEACS grant Tunas is on a reimbursement basis. Requests for
reimbursement can only be made after the grantee has completed purchases associated with the grant
Project. Reimbursement requests must be submitted on letterhead, must include copies of invoices,
and most include proof that the grantee has made payment. Proof ufpeymemt may include copies of
caru W checks or other financial reports showing that funds wen spent. State and local rams
texas are not reimbursable, may not be counted towards expenditure requirements, and should
be excluded from reimbursement requests. The amount of actual grant payments may be prorated
for projects and / or project clements that come in under budge.
• Final 10 Percent of Funds: DEACS will continue to reimburse grantees mind g0 percent ofthe
grant award amount has been expended. The final 10 percent of gum funds will be held until an
acceptable final report has been received by DEACS. The final report must he received and
approved prior to the end date ofthe comma. All foal requests for reimbursement must be received
within 45 days ofthe contract mid-date or all remaining grant funds will be forfeited.
A Final Word on Grant Wrifi-
Proposals may receive low scores or even be rejected because applicants fail to follow the insbuaiome
outlined in this document. Applicnts sound a better chance of success if they include W ofthe required
components of a proposal and if they follow the Required Proposal Formal. Project Descriptions should be
clear, concise, and should denumatmte thoughtful planning. Poorly prepared proposals cream uncertainty
about the project goals and intended mulls. Clear details will Provide grant proposal reviewers confidence
about the viability and feasibility of a proposal. Applicams with questions are encouraged to contact DEACS
for mom imformation.
NEW HANOVER COUNTY
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
2018 COMMUNITY WASTE REDUCTION AND RECYCLING
GRANT APPLICATION
Campus Connections: Recycling Away from Home
-a partnership between New Hanover County and Cape Fear Community College
CAPE-FEAR
COMMUNITY
COLLEGE
V S ��uiE�
CAPL rc ^a connurin couccc
nmacnmem c
DES Cvrrtrnd J559
Campus Connections: Recycling Away from Home
—a partnership between New Hanover County and Cape Fear Community College
I. Applicant Contact Information:
Joe Suleyman, Director
Nev; Hanover County Environmental Management Department
3002 U.S. Highway 421 North
Wilmington, NC 28401
Phone: (910) 798 -4403
Fax: (910) 798 -4008
Email: isulevmanfthcaov.com
Federal Tax ID: XXXX324
II. Date of Proposal Submittal: February 9, 2018
III. General Requirements:
• CERTIFICATION
The Director of the New Hanover County Department of Environmental
Management certifies that all NC Solid Waste Disposal Tax Proceeds are used
only for solid waste management purposes within the county. All Proceeds are
used only for recycling collection and processing, landfill operation and
maintenance, Household Hazardous Waste collection, Composting, and
Construction and Demolition Debris diversion and recycling. Further, attached is
a written statement from the New Hanover County Finance Director that certifies
the proper use of tax proceeds.
RECYCLING SERVICES AVAILABILITY
New Hanover County provides for recycling collection at all key government
buildings. Receptacles for the collection of recyclable materials are positioned in
high - traffic areas at the following locations:
NHC Govemment Center, all NHC Public Libraries, Property Management, NHC
Parks, Health Department, Aidie Gardens, Cape Fear Museum, Senior Resource
Center, Animal Control, Juvenile Detention Facility, Old Courthouse, Judicial
Building, Cooperative Extension, Department of Social Services, Register of
Deeds, and Hoggard High School Baseball/Softball fields.
Materials collected include mixed paper, glass, aluminum beverage containers,
and plastic beverage containers. Additionally, battery collection receptacles have
been added at the Government Center and Property Management locations.
New Hanover County maintains a contract with a private hauler for the collection
and transportation of the materials to the County's recycling processing facility.
Altarh —nt C
DEO Contract 7558
• MERCURY PRODUCT RECYCLING:
New Hanover County maintains a permanent Household Hazardous Waste
facility, where spent fluorescent bulbs, thermostats, and other mercury- containing
devices are collected for recycling from the Department's internal use. The
county's Property Management department collects mercury- containing devices
from other county building for recycling through a third -party vendor.
IV. PROJECT DESCRIPTION:
New Hanover County proposes to make "away from home" recycling convenient to
students, faculty, and visitors who utilize Cape Fear Community College's (CFCC) common
areas. CFCC's Sustainability Committee identified several target areas /buildings for
placement of recycling containers at both the Wilmington and North Campus. A letter of
support from the chair of the CFCC Sustainability Committee is attached.
The primary considerations in selecting a recycling collection method involved five (5)
factors:
a. Accessibility
b. Durability
c. Sustainability
d. Aesthetics
e. Impact
In coordination with the Sustainability Committee members of CFCC, it was determined
that positioning recycling receptacles in campus facilities along high - traffic areas would
have the greatest impact. This would afford students, faculty, and visitors the opportunity
to recycle twice —once upon arrival, and once again upon departure.
Durability was an important factor in selecting the type of receptacle. The receptacles
would be subjected to heavy usage and, in some cases, would be positioned outdoors and
therefore exposed to precipitation and temperature extremes. To avoid high maintenance
costs and ensure a long service life while retaining an aesthetically pleasing appearance, a
receptacle constructed of recycled HDPE was selected. A need for marine -grade hardware
(to resist corrosion) and UV- stabilized pigments (to prevent fading) further narrowed the
field of acceptable options.
DESCRIPTION AND QUANTITY OF ITEMS TO BE PURCHASED
The County proposes to purchase 16 three - compartment receptacle units, with a 45- gallon
capacity removable liner per compartment. The two end compartments in each unit will be
designated and marked for commingled recyclable materials, such as mixed paper, glass,
and plastic containers. The third (middle) compartment will be designated and marked for
on- recyclable materials (waste). Product information is attached to this submittal.
Each receptacle is constructed of recycled HDPE containing UV- stabilized pigments and
marine -grade hardware. Each receptacle is clearly marked with text and universally -
recognized symbols showing the types of materials collected. Access doors are equipped
with locks and furnished with universal keys.
PROJECT IMPACT
Cape Fear Co MY College noels over 20,000 BN ants and over 500 AA-fine and 600
pe bti fewlty and staff The two campuses bceted within New Hanover Cwhty Isla,
both day and evening Gasses. Tha Wilson Center in a combination pedomdrg arts center
andeehuctloral space that frosts dozens of corrxrts, days, and Broadway snows.
Visitors M this venue generate a tremendous amouM of waste with a high percentage IT
recyclable matanels. CFCC's Union Station includes a conference center, breakout mom,
roan —tom i Gassrooms, aM an autlaoaum_ This facility Is used extensively by She publk
am a venue for professional development !reining, conferences, pub!¢ meetings, and
rs. With Me sheer amount of trolfic cycling year -mirth Mmugh these fecikties, as
well ias the inetrvtional buildings, the M,nb,l waste reducton opportunity a compelling.
A similar initiative was untlertaken jointly by NHC aM Me Town of Carolina Beach In
conjunction with their boaMva& expansion over two years ago. The pmgmm was sc
successful Mat Me Town later added an additnal 8 mcepte<les to that, downtown
business distnd, whkb Is adjacent to the boardweN,
WASTE REDUCTION IMPACT
Based on the population cycling though common areas, waste conpositlwl, and histoMal
per-caprte generation rates, it is estimated that this program would divert at kaass10.25
pounds of ra,,Jeb1. hmt..1s (,nmenly PET beverage containers end mired paper
products) par person, per week away from Isni0all disposal.
There has been Incmaeing intehast by CFCC's Sustat -Witt' Committee b not only
Increase ecycing rotes Ivaco!!, Dui to axpero on IM types W matanals collected. The
Sustainability Clmmihcs established battery mcycling at WM campuses suwessfully
eedy a years ago, and seeks to Improve on existing recycling collection by eVendig
vailability m combination with reduction M contamination in the recycling soeam.
,elkslly pleasing, bw-maintemsm, recycling mosplaclas strategically located along
hlgh-tmfic areas ere a key element of MIe ,iron.
ANTICIPATED LIFE OF SERVICE
The rewptaclies are wanarded for Mme (3) years and have an expected service IHe of 20
years. It is expected that the project will be sustainable Mmugh the lull service We d the
receptacles, and may lead M future program expansion to additional high -Mettle am,,
cag -wide. In fact, a recent step taken by Me SustainabMy Committee was to place
smeller -svcd satellite mtepoe0e, in dozens of classrooms at the Main Cwnp .
PROJECT GOAL
The goal of Mle project is to dnmallrally In ianoa and expand en mdsmg service. While
ecycling receptacles am th allable. there are loo lew to make the cholce to recyde a
convenient option for many.
V. SPECIAL REQUIREMENTS -A h H Pdecl:
Since the County proposes to purchase sine¢, (16) Mree-comparlment mi,cV hoes win
ne compamnem designated for Mash that will be disposed If in a landfill, a mddificetion b
Me match reguimment has been matle to re6ect Me addilbnal match requirement Two
AtlaNmeM G
OEQ Con4.O JSSB
compartments in each unit will be designated and marked for commingled recyclable
materials, and the third will be designated and marked for non - recyclable materials. Per the
requirements outlined in the Request for Proposals, the applicant match has been adjusted
to show that funds from New Hanover County will fully cover the portion of these
receptacles dedicated to the collection of trash.
VI. PROJECT TIMELINE:
• September 21, 2018: In collaboration with CFCC's Sustainability Committee,
accept delivery of receptacles and organize placement throughout targeted areas
and launch a public awareness campaign.
• June 3D, 2019: Submit final grant report to DEACS.
VII. PROJECT BUDGET:
harm
Praise
State Grant
NHC Cash
Total
Award
Match
Recycling Receptacles
$44,772
$29,817
$14,955
16 3-compartment
EducationallPromotional
$ 228
$ 183
$ 45
Literature
Total
$45,000
$30,000
$15,000
T(Inrhmertp
DEQ Contratt.>53a
_00"ofCgWn:R
A recipient or subleapiem shall comply with the all rules and reporting requirements established by
statute or administrative rules found in 09 NCAC Subchapter 3M. For convenience, the requirements of
09 NCAC Sub hepter 3M.0205 are set forth in this Attachment.
Reporting Threstri
There are three reporting thresholds established for recipients and subrecipients receiving Slate awards
of financial assistance. The yawning thresholds are
(1) Less than $25,000 — A recipient or subrecipient that receives, hold, uses, or expends
State financial assistance in an amount less than twenty -five thousand dollars ($25,000)
within As fiscal year must comply with the reporting requirements established by this
Subchapter including:
(A) A certification that State finaricial assistance received or held was used for the
purposes for which A was awarded, and
(B) An accounting of all State financial assistance received, held, used, or expended.
(2) $25,000 up to $500,000 -A recipient or subrecipient that receives, holds uses, or expends
State financial assistance in an amount of at leas) twenty-five thousand ($25.000) but
less than Me hundred thousand dollars ($500,000) within As fiscal year must comply with
the reporting requirements established by this Subchapter including:
(A) A certification that State financial assistance received or held was used for the
purposes for which If was awarded; and
(B) An accounting of all Stale financial assistance received, held, used, or expended.
(C) A description of activities and accomplishments undertaken by the recipient,
including reporfing on any performance measures established in the convect.
(3) Greater than $500,000 — A recipient or subrecipient that receives, holds, uses, or
expends State financial assistance in the amount equal to or greater than five hundred
thousand dollars ($500,00)) within its fiscal year must comply with the reporting
requirements established by this Subchapter including.
(A) A certthcation that State financial assistance received or held was used for the
purposes for which it was awarded; and
(B) An accounting of all State financial assistance received, held, used, or expended.
(C) A description of activities and accomplishments undertaken by the recipient,
including reporting on any performance measures established in the Contract
(D) A single or program - specific audit prepared and completed in accordance, with
Generally Accepted Government Auditing Standards, also known as the Yellow
Book.
Other ProWslons:
t. All reports shell be filed who the disbursing agency in the formal and method specified by the agency
no later than three (3) months after the end of the recipient's fiscal year, unless the same information rs
already required through more frequent reporting. Audits must be provided to the funding agercy no
later than nine (9) months after the end of the recipient's fiscal year.
2. Unless prohibited by law, the costs of audits made in accordance with the provisions of 09 NCAC 03M
.0205 shall be allowable charges to State and Federal awards. The charges may be considered a
direct cost or an allocated indirect cost, as determined in accordance with cost principles outlined in
the Code of Federal Regulatbns, 2CFR Part 200. The cost of any audit not conducted in accordance
with this Subchapter shell not be charged to Slate awards.
3. Notwithstanding the provisions of 09 NCAC 03M .0205, a recipient may satisfy the repotting
requirements of Part (3)(D) of this Rule by submitting a copy of the report required under the federal
law with respect to the same funds.
4. Agency - established reporting requirements to meet the standards set forth in this Subchapter shall be
swff*d in each recipient's contract.