HomeMy WebLinkAboutGrant Agrmt - DEQ - Demo Salvage ProjectDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of February 27th, 2008
Please see directions for completing this document on the next page.
DATE: February 12, 2008.
FROM: Timm Schimke. Solid Waste 317-3177
TITLE OF AGENDA ITEM:
Consideration of Grant Agreement with The State of Oregon Department of Environmental Quality for
Construction and Demolition Materials Salvage Project
PUBLIC HEARING ON THIS DATE? no
BACKGROUND AND POLICY IMPLICATIONS:
Grant funds will be passed through to the Habitat for Humanity Restore for a project intended to
increase the amount of reusable lumber and building materials recovered from the home construction
industry. Habitat for Humanity is a not for profit organization who uses the funds generated by resale
of used building materials to accomplish the organizations mission. This project targets a segment of
the waste stream that has grown significantly in Deschutes County and now accounts for more than 50
per cent of the total waste deposited at Knott Landfill.
FISCAL IMPLICATIONS:
The project includes $46,328.00 in state funds which will pass through Deschutes County to Habitat for
Humanity Restore. Deschutes County will enter into an agreement with Habitat for Humanity for :hese
purposes. The Department of Solid Waste has committed $10,000.00 in matching funds for the
project.
RECOMMENDATION & ACTION REQUESTED:
Efforts to reduce the amount of construction and demolition waste stream benefits Deschutes County by
helping us meet our diversion goals established by the State of Oregon, as well as extending the
lifespan of Knott Landfill. I recommend signature of the Grant Agreement.
ATTENDANCE: Timm Schimke.
DISTRIBUTION OF DOCUMENTS:
Return all copies to Solid Waste for distribution. A signed original of the agreement will be returned to
BOCC when final signatures are obtained.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting thls form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
Please complete all sections above the Official Review line.
February 13, 2008
Contact Person:
Timm Schimke
Contractor/Supplier/Consultant Name:
Department:
Solid Waste
Phone #:
317-3177
State of Oregon, Department of Env. Qual.
Goods and/or Services: This is a grant agreement with the State of Oregon whereby
Deschutes County will receive $46,328.00 to fund a waste reduction and recycling
project.
Background & History: Grant dollars will "pass through" Deschutes County to
Habitat for Humanity Restore who applied for the grant. We will enter into an
agreement with Restore for these purposes. The project's goal is to increase the
amount of reusable lumber and building materials recovered from the home
construction industry. Habitat for Humanity Restore is a not for profit organization that
resells used building materials to help fund the organizations goals. .
Agreement Starting Date:
2009
February 20, 2008
Annual Value or Total Payment:
$46,328.00
Ending Date:
June 30,
Insurance Certificate Received check box)
iv Insurance Expiration Date:
Check all that apply:
❑ RFP, Solicitation or Bid Process
1:\ ❑ Informal quotes (<$150K)
E Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? ❑ Yes ❑ No
Nfrr If No, has budget amendment been submitted? ❑ Yes ❑ No
Departmental Contact:
Title:
Director
Timm Schimke
Department Director Approvali<jm ,, yeLi
Signature
Phone #: 317-3177
2-(3- of
Date
Distribution of Document: Include complete information if document is to be mailed.
Official Review:
2/13/2008
County Signature Required (check one): 0 BOCC 0 Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
Document Number
)
2/13/2008
STATE OR OREGON DEPARTMENT OF ENVIRONMENTAL QUALITY
SOLID WASTE GRANT AGREEMENT
Project name: ReStore Construction and Demolition Materials Salvage Project
DEQ Agreement # 073-08
This Agreement is between the State of Oregon, acting by and through its Department of Environmental Quality (Agency or DEQ)
and Deschutes County (Recipient).
Recipient Data
DEQ Data
Project Officer: Timm Schimke
Organization: Deschutes County - Solid Waste Department
6100 SE 27th Street
Bend, OR 97702
(541) 317-3163 timms@deschutes.org
Taxpayer ID#: 93-6002292
Project Officer: Shari Harris -Dunning
Department of Environmental Qua[ity
300 SE Reed Market Road
Bend, OR 97702
(541) 388-6146, x240 harris-dunning.shari@deq state.or.us
Authority The persons signing this Agreement represent and warrant that they have the power and authority to enter into
this Agreement. DEQ enters into this Agreement under the authority of Oregon Revised Statutes 190.110 and 45L .053(7).
2. Effective Date and Duration This Agreement is effective on the date on which every party has signed it and, wh ;n
required, it has been approved by the Oregon Department of Justice. Unless earlier terminated or extended, this
Agreement expires June 30, 2009..
3. Project The Project is described in attached Exhibit A. Recipient agrees to perform the Project in accordance wit the
terms and conditions of this Agreement.
4. Agreement Documents This Agreement consists of this Agreement and attached Exhibits A and B and C.
5. Grant Funds The maximum, not -to -exceed compensation that the Agency will pay to Recipient is $46,328. This is a cost
reimbursement grant. Disbursements will be made only in accordance with the schedule and requirements contained in Exhibit
A.
6. Subcontracts Recipient may enter into subcontracts for any of the work scheduled under this Agreement.
7. Amendments The terms of this Agreement may not be waived, altered, modified, supplemented, or amended in piny
manner, except by written instrument signed by both parties and, if required, the Department of Justice. Recipient must
notify DEQ's Project Officer in writing no later than thirty (30) calendar days before this Agreement expires of arty proposed
amendments to the Agreement. No payment will be made for any services performed before the effective date or
after the expiration date of this Agreement. This Agreement will not be amended after the expiration date.
8. Termination
(a) This Agreement may be terminated by mutual consent of both parties or by Agency upon written notice to the Recipient.
This notice may be transmitted in person, by mail, facsimile, or by Email.
(b) If this Agreement is terminated under Section 8 (a), Agency will pay Recipient for unpaid approved invoices and for
authorized and approved expenses incurred under this Agreement but not yet billed.
9. Funds Available and Authorized The Recipient shall not be compensated for Work performed under this Agreement by
any other agency or department of the State of Oregon. Agency certifies that it has sufficient funds currently authorized for
expenditure to finance the costs of this Agreement within the Agency's current biennial appropriation or limitation. The
Recipient understands and agrees that Agency's payment of amounts under this Agreement is contingent on Agency
receiving appropriations, limitations, allotments, or other expenditure authority sufficient to allow Agency, in the exercise of
its reasonable administrative discretion, to continue to make payments under this Agreement.
10. Match Recipient agrees to provide matching resources valued at $ 64,177. Additional match is welcome. Current match
expenditures must be submitted with all invoices using the Solid Waste Grant Agreement Payment Request and
Expenditure Report form (Exhibit B).
11. Reporting Recipient must submit semi-annual Project Progress Reports on June 30th and December 31st of each year
during the term of this Agreement and a Final Report at the project's completion. The Agency may withhold payments
until it receives and approves the required reports. The reports must be submitted to DEQ's Project Officer and may be
submitted electronically. All reports will contain information as outlined in attached Exhibit C.
Recipient must immediately notify the Agency of any developments that significantly impact the activities funded by this
Agreement, including delays or adverse conditions that materially impair Recipient's ability to meet the objectives of the
Agreement. This notification must include a statement of the action Recipient has taken or contemplated to minimize or
mitigate the impact and any assistance needed to resolve the situation.
12. Grant Requirements All equipment and materials purchased with funds made available by this Agreement mus: be used
only for purposes of the same general nature outlined in this Agreement. Use of grant funds is expressly prohibitel for:
• Disposal site engineering, design, or hydro geologic study required by Agency permit or enforcement actio r;
• Costs for which payment has been or will be received under another financial assistance program;
• Capital expenditures for solid waste planning;
• Costs incurred before this Agreement is effective or after it expires;
• License applications or permit fees;
• Ordinary operating expenses of local government that are not directly related to the project; and
SWOT 4/2007 V r 1 0u q
• Costs incurred for landfill closures.
13. Recovery of Grant Funds Any Grant funds disbursed to Recipient under this Grant Agreement that are expended in
violation or contravention of any of the provisions of this Agreement must be returned to Agency. The Recipient will return
all funds found by Agency to have been expended in violation of this Agreement no later than 15 days after Agency's
written demand.
14.Captions The captions or headings in this Agreement are for convenience only and do not define, limit, or describe the
scope or intent of any provisions of this Agreement
15. Records Maintenance and Access The Recipient will maintain all fiscal records relating to this Agreement in accordance
with generally accepted accounting principles and will maintain any other records pertinent to this Agreement in such
manner as to clearly document Recipient's performance. The Agency, the Secretary of State's Office of the State of
Oregon, the Federal Government, and their duly authorized representatives will have access to the books, documents,
papers, and records that are directly pertinent to this Agreement in order to perform audits and examinations and to make
excerpts and transcripts. Recipient will retain and keep accessible all financial records, supporting documents, and all other
records related to this Grant Agreement for a minimum of three (3) years after the project is completed or until the
conclusion of any audit, controversy, or litigation arising out of or related to this Agreement, whichever date is later.
16. Compliance with Applicable Law Recipient will comply with all federal, state, and local laws, regulations, executive
orders and ordinances applicable to the work performed under this Agreement. Without limiting the generality of the
foregoing, Recipient expressly agrees to comply with the following laws, regulations, and executive orders to the extent they
are applicable to the Agreement: (i) Titles VI and VII of the Civil Rights Act of 1964, as amended; (ii) Sections 503 and 504
of the Rehabilitation Act of 1973, as amended; (iii) the Americans with Disabilities Act of 1990, as amended; (iv) Executive
Order 11246, as amended; (v) the Health Insurance Portability and Accountability Act of 1996; (vi) the Age Discrimination in
Employment Act of 1967, as amended, and the Age Discrimination Act of 1975, as amended; (vii) the Vietnam Era
Veterans' Readjustment Assistance Act of 1974, as amended; (viii) ORS Chapter 659, as amended; (ix) all regulations and
administrative rules established pursuant to the foregoing laws; and (x) all other applicable requirements of federal and
state civil rights and rehabilitation statutes, rules, and regulations. These laws, regulations, and executive orders are
incorporated by reference herein to the extent that they are applicable to the Agreement and required by law to be so
incorporated. DEQ's performance under the Agreement is conditioned upon Recipient's compliance with the provisions of
ORS 279B.220, 279B.225, 279B.230, 279B.235, and 279B.270, which are incorporated by reference herein.
17. Recycled Paper Recipient will, to the maximum extent economically feasible in the performance of this Agreement, use
recycled paper (as defined in ORS 279A.010(1)(ee)), recycled PETE products (as defined in ORS 279A.010(1)(ff)), and
other recycled products (as "recycled product" is defined in ORS 279A.010(1)(gg)).
18. Indemnity To the extent permitted by Article I, Section 10, of the Oregon Constitution and by the Oregon Tort Claims Act,
ORS 30.265 to 30.300, Recipient shall defend (subject to any limitation imposed by ORS Chapter 180), save, hold
harmless, and indemnify the State of Oregon and Department and their officers, employees, and agents from and against
all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from or arising out of, or
relating to the activities of Recipient or its officers, employees, contractors, or agents under this Contract or in the
implementation of the Project, including but not limited to, all claims, suits, actions, losses, damages, liabilities, costs, and
expenses of any nature resulting from or arising out of, or relating to the activities of Recipient or its officers, employees,
contractors, or agents.
19. Merger Clause THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. NO
WAIVER, CONSENT, MODIFICATION, OR CHANGE OF THE TERMS OF THIS AGREEMENT WILL BIND EITHER
PARTY UNLESS THEY ARE IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION, OR CHANGE, IF MADE, IS EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC
PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR
WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS AGREEMENT. THE RECIPIENT, BY THE SIGNATURE BELOW
OF ITS AUTHORIZED REPRESENTATIVE, ACKNOWLEDGES THAT HE OR SHE HAS READ THIS AGREEMENT,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.
Approved by Recipient:
Approved by the State of Oregon
Department of Environmental Quality:
SWG 4/2007
Name / Title Date
Wendy Wiles, Land Quality Division Administrator Date
Exhibit A
DEPARTMENT OF ENVIRONMENTAL QUALITY SOLID WASTE GRANT AGREEMENT
Project Name: ReStore Construction and Demolition Materials Salvage Project
DEQ #: 073-08
Recipient: Deschutes County
BACKGROUND
The Recipient will support the ReStore's Construction and Demolition Materials Salvage Project. ReStore, operated by th.; Bend
Area Habitat for Humanity (BAHFH), is a recycling/reuse retail store for building materials, supplies, appliances and home
furnishings in Bend, Oregon. The major strategic goal of the ReStore is to develop revenue to support the mission of the 13AHFH.
The Construction and Demolition Materials Salvage Project is a commercial waste reuse project. Discarded lumber and other
usable material, collected from construction and demolition sites, will be taken to the ReStore for sale to the public.
Patrons of the ReStore will benefit from the opportunity to purchase quality, reused lumber at a discounted price. Builder: in the
area will be able to benefit by diverting usable construction and demolition materials from entering into the landfill. Operating in a
more environmentally sustainable business practice will benefit both participating businesses and the consumer. Less usable
construction and demotion materials will enter into the waste stream, saving valuable landfill space and displacing/conseriing
resources.
This Grant Agreement provides funding to support and expand the ReStore's Construction and Demolition Materials Salvdge
Project. The Recipient will build on existing partnerships and forge new partnerships with at least five additional builders in
Central Oregon. It is projected that expansion of this Project will create a 500% increase in the amount of reusable lumber the
ReStore salvages and sells to the public.
PROJECT
Task 1 Design Marketing Campaign/Implement Advertising Campaign - Recipient will:
1. Design a marketing campaign to increase influx of reused material and forge partnerships with local builders.
2. Implement marketing/advertising campaign. Components of the advertising campaign may include, but are nct limited
to:
• local newspapers and written publications
• local radio (PSAs)
• self -promotion events/literature
• photographs/print material
• website updates and links
• public relations events
Task 2 Purchase Equipment and Install Equipment - Recipient will:
1. Purchase equipment, including:
• Heisters
• Trailers, and
• Racking systems
2. Install equipment
Task 3 Project Progress Report - Recipient will submit to DEQ a Project Progress Report no later than June 30 2008.
This report must include grant expenditure and match information as outlined in attached Exhibit B and will generally in:dude
information as outlined in Attached Exhibit C. This report shall also include; at least three (3) examples of marketing/advertising
materials developed, a summary of equipment purchased, installed and/or repaired, and how this equipment is meeting the
expectations of the Project.
Task 4 Expanded Coordination of Material Pickups - Recipient will:
1. Identify and contact local builders that would be good candidates to participate in the Project.
2. Conduct an expanded coordination of material pickups.
S WG 4/2007
Task 5 Project Progress Report
Recipient will submit to DEQ a Report no later than December 31, 2008. This Report will outline the strategies used to reach
additional builders, identify the builders, and generally describe the expanded materials program. The Report must include grant
expenditure and match information as outlined in attached Exhibit B and will generally include information as outlined in attached
Exhibit C. The Report shall also include: names of local builders with whom Recipient has made contact, and a summary of how
the expanded coordination of material pickups is working (include name(s) of local builders and an estimation of materials
available for pickup for each local builder).
Task 6 Final Grant Progress Report The Recipient will submit to DEQ a Final Grant Progress Report no later than June 30,
2009. The Final Grant Progress Report must include final grant expenditure and match information as outlined in attached Exhibit
B and will generally include information as outlined in attached Exhibit C.
Recipient shall immediately notify the DEQ of developments that have a significant impact on activities funded by this Agreement
including delays or adverse conditions, which materially impair Recipient's ability to meet the objectives of the Agreement. This
notification shall include a statement of the action taken or contemplated any assistance needed to resolve the situation.
BUDGET
Estimated Budget
DEQ Grant Funds
Match/Other Resources
Total Budget
Personnel
$31,328
$16,117
$47,455
Capital Outlay
$15,000
$29,887
$44,887
Services and Supplies
$27,817
$27,817
TOTAL
$46,328
$73,821
$120,149
NOTE: . Estimated budget by task may vary between tasks with approval by DEQ Project Officer. Minimum required match is
$64,177. Additional match/supplemental resources of $9,644 are anticipated, for a total calculated match of $73,821.
CONSIDERATION
1. Recipient may not submit billings for, and Agency will not pay, any amount in excess of the maximum compensation amount
set forth in this Agreement. If the Agreement is amended to increase this maximum compensation amount, the amendment
must be fully effective before Recipient performs work subject to the amendment. Recipient will notify DEQ's Project Officer in
writing no later than thirty (30) calendar days before this Agreement expires of any proposed amendments to the Agreement.
No payment will be made for any services performed before the effective date or after the expiration date of this Agreement.
This Agreement will not be amended after the expiration date.
2. Recipient may submit multiple requests for cost reimbursement. The billings must describe all work performed with
particularity, including by whom it was performed, and must itemize and explain all expenses for which reimbursement is
claimed. All billings must be submitted with the Solid Waste Grant Agreement Payment Request and Expenditure Report
(Exhibit B).
3. Billings must be sent to Contracts Office, Department of Environmental Quality, 811 SW Sixth Ave, Portland, OR 97204.
Invoices are subject to DEQ's review and approval. Invoice payments will be sent to Deschutes County— Solid Waste
Department, Timm Schimke, Solid Waste Director, 61000 SE 27th Street, Bend OR 97702.
4. The Agency will withhold 10% of total grant funds for the project until the Recipient has submitted, and the Agency
has approved, a Final Report as described in Task 6 above and a final Payment Request and Expenditure Report form.
TRAVEL AND OTHER EXPENSES
Travel and other expenses of the Recipient will not be reimbursed by the Agency.
SWG 4/2007
CxfIDIt is
SOLID WASTE GRANT AGREEMENT
PAYMENT REQUEST AND EXPENDITURE REPORT
Submit this form with all Project Progress and Final Reports and to request reimbursement for eligible costs.
Recipient Name: Deschutes County
DEQ Grant Agreement #: 073-08
Project Name: ReStore Construction and Demolition Materials
Salvage Project
DEQ Project Officer :
A. Personnel
Shari Harris -Dunning
Recipient Address:
61000 NE 27th Street, Bend, OR 97702
Recipient Project Officer: Timm Schimke
Phone: 541-317-3163
Report Period
From:
To:
Expenditure Summary
Grant
Expenditures
This Period To Date
Match
Expenditures
This Period To Date
Total
Expenditures
To Date
A. Personnel
B. Professional Services
C. Services & Supplies
D. Capital Outlay (equipment,
property,
rolling stock, etc.)
E. Other (include description)
Total
F. Total Amount of Grant
G. Total Grant Money Received to Date $
H. Amount of this Request
CERTIFICATION
I certify that this report is true and correct to the best of my knowledge and that all expenditures and obligations
reported herein have been made in accordance with the budget agreed upon and with other provisions contained
in the Agreement.
Signature
Title Date
DEQ USE ONLY Approved for Payment:
DEQ Project Officer Date DEQ Program Manager Date
SWG 4/2007
Exhibit C
PROJECT PROGRESS AND FINAL REPORT REQUIREMENTS
Recipient must submit Project Progress Reports (Reports) to the Agency on the schedule outlined in this Agreement.
The Reports must be submitted to DEQ's Project Officer and may be provided electronically.
The Reports must be submitted with a PAYMENT REQUEST AND EXPENDITURE REPORT form (attached Exhibit B). Reports
must also generally contain brief information on each of the following:
a. A comparison of actual accomplishments with the goals and objectives established for the reporting period.
b. Reasons why established goals were not met, if appropriate.
c. Other pertinent information on progress of the project.
Recipient must immediately notify the Agency of developments that have a significant impact on activities funded by this
Agreement, including delays or adverse conditions that materially impair Recipient's ability to meet the objectives of the
Agreement. This notification must include a statement of the action taken or contemplated and any assistance needed to
resolve the situation.
A Final Report is due to Agency no later than the end date of this Agreement.
The Final Report must be submitted with a PAYMENT REQUEST AND EXPENDITURE REPORT form (attached Exhibit B). The
Final Report must include:
1. A comparison of actual accomplishments with the project goals and objectives as outlined in this Agreement. If a
baseline assessment was done, include a. description of that process and what was learned. Include a description of
project accomplishments not included in the goals and objectives, if applicable.
2. Names of all additional businesses included in partnership for construction materials diversion.
3. Data on the amounts and types of materials collected from businesses included in partnership.
4. Data on the amount of material diverted from the waste stream and from the landfill.
5. A description of significant problems encountered during project design and implementation, and how these problems
resulted in project changes or expected accomplishments.
6. A description of the most and least successful components of the project with an explanation of why they were or were
not successful.
7. An explanation for significant differences between project budget and project expenditures.
8. A discussion of the technical and economic feasibility of others carrying out a similar project. Include recommendations
on what should be done differently in managing a similar project.
9. Provide copies of materials related to the project including brochures, public service announcements, photographs, news
clippings, or reports.
10. Provide a final inventory of real property (i.e., land, structures) and equipment purchased, if applicable, with an
acquisition cost exceeding $5,000. Describe what controls are in place to ensure that the property and equipment will be
used for purposes authorized by this Agreement.
11. Provide any additional comments, suggestions, or ideas for DEQ's Solid Waste Gant Program.
Payments may be withheld until the Agency receives and approves required reports.
SWG 4/2007