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HomeMy WebLinkAboutRes.2139.07-01-2006BILL NO. 06-3 RESOLUTION NO. A RESOLUTION AUTHORIZING APPLICATION TO THE SOUTHEAST MISSOURI SOLID WASTE MANAGEMENT DISTRICT, FOR A HOUSEHOLD HAZARDOUS WASTE COLLECTION GRANT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a grant application to the Southeast Missouri Solid Waste Management District, for a Household Hazardous Waste Collection Grant, and other related matters, and is hereby authorized to execute all necessary grant documents. A copy of said Application is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS C11v\ DAY OF r , 20 (,`( (. . qKnudtson, Mayor r APPENDIX I Southeast Missouri Solid Waste Management District District Grants Program FY2006 APPLICATION FORM (Place at the front of your application packet) I. Project Information 1. Name of Project Household Hazardous Waste Collection 2. Type of Project Recycling 3. Project Description Household Hazardous Waste Collection one day program offering a safe recycling/disposal option to residential households in the City of Cape Girardeau. 4. Indicate any other affiliated federal, state or local agencies funding this project. II. Applicant Profile Legal Name of Business or Organization City of Cape Girardeau Business or Organization Tax Identification No. 43-6000-593 Mailing Address 2007 Southern Expressway City Cape Girardeau Zip 63701 Phone (573) 334-9151 Fax (573) 335-0507 2. Name of Authorized Official Jav B. Knudtson Official Title Mayor Address 401 Independence City Cape Girardeau Zip 63703 Phone (573) 334-1212 Fax (573) 335-7946 3. Type of Applicant Individual _ Business X Public Entity or Institution Non-profit Organization (include legal status documentation) 4. Project Manager Bruce Taylor (The Project Manager must be an official or employee of the applicant.) Appendix I - Page 1 Address 2007 Southern Expressway City Cape Girardeau Phone (573) 334-9151 Fax (573) 335-0507 E -Mail: btaylor@cityofcapegirardeau.org 5. This project is (check one): _ A new business or undertaking An expansion of a current business or organization A completely new venture for an existing business or organization X Other (explain) Household Hazardous waste Collection III. Recovered Materials 1. Type and amount of waste material(s) currently being recovered annually: Material Amount ( Indicate whether it is pounds or tons.) ( See attached) 2. Source of recovered materials used by proposed project (Check all that apply) X Post -consumer _ Post-industrial Internal Signature of Highest Official SIGN ORIGINAL IN BLUE INK ONLY Appendix I - Page 2 Date City of Cape Girardeau Public Works Department Solid Waste Division Tons of Recyclables Shipped Items Shipped 07/01/04 to 06/30/05 . ............................ ■ ............................ 0 ■ 01 Glass ■ ............ ■ r 152.00 Plastic 109.87 Aluminum 11.43 Newspaper/Magazines 776.16 Corrugated Cardboard 250.97 White Goods 106.09 Junk Mail/Mixed Paper 28.61 Steel/Tin cans 37.20 Special Projects .48 Scrap Metal 7.64 Total Tons Shipped r ........................................................... 1,480.45 ..............t : Compost Materials I 2,755.50: ............................................ ■ ............................. ■ P Grand Total Tons Shipped 4,235.95 : ............................................................................ Missouri Department of Natural Resources Air and Land Protection Division Solid Waste Management Program FISCAL YEAR 2006 DISTRICT GRANT SUBGRANTEE PROFILE Solid Waste Management District: Region r - Southeast Missouri ' Project Name: Household Hazardous Waste Collection Name of Applicant: City of Cape Girardd Type of Entity: (non-profit, public entity, individual, business) public entity Project Type( WR, RE, CO, MD; EDU): RE Est. Tonnage Diverted: Specific Waste(white goods, oil, yard, tires, HHW, electronics, etc): HHW Address: 2007 Southern Expressway City:Cape Girardeau State: MO Zip: 63703 Co"ty:Ca Girarde Federal ID or SS Number: 43-6000-593 Brief Project Description/Tasks (tasks associated with implementation of funded aspects of projects?: One day household hazardous waste collection day all6wing residents to properly dispose of these wastes. Licensed waste hauling company will conduct the event after being select by a bidding process. Newspaper ads and mailed fliers will announce the event and will included that the event received grant funding. Quarterly reports will be submitted as required. Jay Knudtson Authorized Applicant Official Name: Project Manager: Bruce Taylor Title: Ma or Title: Administrative Technician Address: 401 Independence Address: 2007 Southern Expressway City: Cape Girardeau I State: MO Zip: 63701 City: Cape Girardeau I State: MO Zip: 63703 Phone: (573)334-1212 Fax: ( 573) 335-794Phone: ( 573) 334-9151 Fax: (573)335-050 Email: jknudtson@cityofcapegirar0eau Email: btrayl.or@cityofca egirardeau. ct Amount Requested by District: Amount Applicant Match: Total Amount of $ 11,852.6/2 $ 3,950.88 Project: $15,803.50 Has applicant receive district grant funding previously (list project number(s) and awarded/disbursed/carryover amounts) Yes, Project No, 2005148 awarded $ 8,606.25 Appendix I - Page 3 Missouri Department of Natural Resources Air and Land Protection Division Solid Waste Management Program FISCAL YEAR 2006 DISTRICT GRANT APPLICATION CHECKLIST Before submitting a district payment request, you MUST complete this form. Only if you can answer YES to all questions on this form regarding subgrantee application should it be submitted to the department for approval. For All Funded Projects Yes District Total Funds Personnel* Verification 1. Applicant Profile Sheet Professional Services 2. Executive Summary 3. Location of Project (physical, mailing address) 4. A Work Plan or Scope of Work identifying; Supplies a) project tasks and descriptions (directly related to the project intent). Travel b) main key personnel involved in the project ✓ c) project manager's qualifications (why this person is qualified) 5. Line -item budget (independent support of items over $5000 total cost ✓ 6. Intent or verification of Permits, Approvals, Licenses, Waivers, Titles and UCC -I 7. Match Commitment Documentation (if applicable) 8. An Evaluation Procedure describing both quantitatively and qualitatively how the success of the project will be measured. 9. Additional Information for Projects over $20,000 a) Demonstrate technical feasibility 1. A preliminary project design or 2. Engineering plans and/or specifications for any facilities and equipment b) Financial report including: 1. A three (3) year business plan. For projects involving recycling and reuse technologies, the plan shall include a market analysis with information demonstrating that the applicant has secured the supply of and demand for recovered material and recycled projects necessary for sustained business activity. 2. A description of project financing, including projected revenue from the project. 3. A credit history.\P 4. Up to three (3) years previous financial statements or reports. 10. Applicant certified all information was true and conforms to the application requirements. 11. Authorized applicant official signature Project Budget Requested Funds Match Funds Total Funds Personnel* Professional Services Equipment Supplies Travel Other TOTAL BUDGET *If grant is a Plan Implementation and District Operation grant (PI/DO), list each staff person. Appendix I - Page 4 APPENDIX II City of Cape Girardeau Name of Applicant's Organization Southeast Missouri Solid Waste Management District District Grants Program BUDGET SUMMARY BUDGET CATEGORY REQUESTED FUNDS MATCH FUNDS TOTAL FUNDS PERSONNEL PROFESSIONAL SERVICES Licensed Waste Hauling Company 8,850.00 2,950.00 11,800.00 Flier mailed to residential cus 2,100.00 700.00 2,800.00 tom EQUIPMENT rs SUPPLIES TRAYEL OTHER -LIST EACH ITEM SEPARATELY" Table and chair rental 20.62 6.88 27.50 Portable Toilet Rental 67.50 22.50 90.00 TOTAL BUDGET FOR PROJECT .50 PERCENTAGE OF TOTAL 1 75% 25% 100% *Must have a minimum of twenty-five percent (25%) in local cash as match for the District funds. Appendix II - Page 1 EXECUTIVE SUMMARY The City of Cape Girardeau is seeking an award of grant monies from the Solid Waste Management District for a one day household hazardous waste collection event. The objective is to collect and properly recycle or dispose of household hazardous waste which if not collected, and properly disposed of, could be placed in the landfill or illegally dumped. The City of Cape Girardeau began holding Household Hazardous Waste Collection events in 1998 and continued through 2004. Because of budget restraints the City is no longer able to sponsor this event without additional financial assistant. The last Household Collection Day, funded through a matching grant from the Southeast Missouri Solid Waste Management District, was conducted October 16, 2004 and 14,935 pounds of materials were collected. Since it will have been two years since the last collection, the City expects to have greater participation and more household hazardous waste materials collected. SITE LOCATION In Arena Park, southeast of the AC Brase Arena Building, 410 Kiwanis Drive, Cape Girardeau, Missouri, Cape Girardeau County, Latitude 37 degrees 17 North, Longitude 89 degrees 32 West. WORKPLAN AND PERSONNEL Project Tasks 1. Meet with Solid Waste Division to confer on the specification of the collection. 2. Solicit competitive bids for the collection through the City's formal bid process. 3. Review bids. 4. Award contract. 5. Meet with vendor and Solid Waste Division to review collection plan. 6. Review collection day activities for possible future improvements. 7. Progress reports and evaluation from Project Manager. Personnel 1. Bruce Taylor, Administrative Technician — Project Manager (resume enclosed) 2. Mike Tripp, Solid Waste Superintendent (communicate and plan with vendor concerning collection day and coordinate city employees and resources for the event) Bruce E. Taylor 1 617 Fifth Street Scott City, MO 63780 (573)264-1297 Work Experience July '04 —current: Administrative Technician Public Works Department City of Cape Girardeau, Cape Girardeau, MO. Performs administrative duties and works on specific projects assigned by department heads including Annual Leaf Collection Program, grant writing, and designing service announcements for the Public Works Department. Reporting and record keeping for the City of Cape Girardeau Transfer Station. Assists in the preparation of the department budget. Prepares requisitions, receiving reports, codes expenditures and oversees routine purchases for the department. April `96 -July `04: Administrative Secretary Public Works Department City of Cape Girardeau, Cape Girardeau, MO. Performs administrative, reception, secretarial and clerical duties, performs day to day functions of the office and works on specific projects. Gives information based on knowledge and polices or refers to proper individual. Prepares correspondence, independently and under the direction of Department personnel. Computer data entry for all divisions. Handles two-way radio communications. Oct. '95 — April '96: Building Maintenance Worker I Public Works Department City of Cape Girardeau, Cape Girardeau, MO. Performs custodial and minor building and grounds maintenance. May '93 — Oct.'95: Supervisor Hardee's, 2115 William St., Cape Girardeau, MO. Night and Third Shift manager completely responsible of the operation and performance of a busy restaurant and its employees, outline job duties, interview, and train applicants, maintain employee files, count money and make nightly deposits, share knowledge and concerns with other managers through written and oral communication, handle customer complaints. Complete workers compensation forms and phone insurance company and other various duties. Aug. '93 - April '94: Resident Advisor Dearmont Hall Aug. '92 — May '93: Resident Advisor Tower South, Southeast Missouri State University. Serve International and American students in co-ed halls, help pioneer a new honors housing program, supervise 34 male freshman honor students and international students, conduct information meeting, plan and initiate programming to address the ongoing needs of the residents in various facets of the college experience including educational, social, health, goal planning, and emotional and mental health. Work Courtesy and Information Desk serving approximately 1200 residents, serve as liaison between students, visitors and all other University offices, answer telephones, provide information, create displays, handle cash operations, and handle postal deliveries. Education ➢Southeast Missouri State University, Cape Girardeau, MO Major: Psychology Minor: Human Resources and Personnel Management ➢Southwest Missouri State University, West Plains, MO Summer Session 1990 ➢Thayer High School, Thayer, MO Special Skills and Experiences CERTIFICATES FOR: Windows NT Outlookl Innovative Idea Integration, LLC Word 97 PowerPoint J Quality Team Management - City of Cape Girardeau Excellent Customer Service - Fred Pryor Seminars Community Emergency Response Team - Southeast Missouri State University TASK 1 TASK 2 TASK 3 TASK 4 TASK 5 TASK 6 TASK 7 Quarterly Progress Reports Time Line Graph 1 1 2 1 3 1 4 1 5 16 17 1 8 1 9 1 10 1 11 1 12 Project Elapsed Time (in months) Task 1: Meet with the Solid Waste Division to confer on the specifications of the collection. Task2: Solicit competitive bids for the collection through the City's formal bid process. Task 3: Review Bids. Task4: Award Contract. Task 5: Meet with vendor and Solid Waste Division to review collection plan. Task 6: Review collection day activities for possible future improvements. Task 7: Progress reports and evaluation from Project Manager. VERIFICATIN OF PERMITS, APPROVALS, LICENSES OR WAIVERS This category is not applicable to the City of Cape Girardeau. This project is not for new construction or equipment and is not addition or expansion of a permitted facility. Vendors solicited to handle the packaging, hauling, processing, and disposal of materials collected will be required to provide all necessary permits and licenses. PROJECT EVALUATION PROCEDURE 1. Progress report meeting between Solid Waste Superintendent and the Project Manager prior to, during, and after collection activity. 2. Operational and safety meeting prior to collection. 3. Progress Reports will be completed quarterly by the Project Manager or his designee for the overall progress of the project. These quarterly reports will include the tons of recycling materials shipped from the Recycling Center. The report following the household hazardous waste collection will include the types and amounts of waste collected during the event. January 10, 2005 To Whom It May Concern: The City of Cape Girardeau obligates $ 3,500 as matching funds for the Vertical Baler. The City is committed to financing this amount within the time schedule as shown on the submitted application. Sincerely, Douglas K. Leslie City Manager DKL:bet INTER -RAIL SYSTEMS, INC. December 23, 2005 Mr. Bruce Taylor City of Cape Girardeau 2007 Southern Expressway Cape Girardeau, MO 63703 Re: Quotation for Household Hazardous Waste Service Cape Girardeau MO QUOTE #IR0512008 Dear Mr. Taylor: Thank you for allowing Inter -Rail Systems, Inc. to provide you with a quotation through our Technical Field Services Program. It is a full service program and the quote includes: 1) All labor costs for the segregation, classification, and packaging of the waste materials, by our experienced chemists, in accordance with all DOT, EPA and State regulations. 2) All the materials required to package the wastes for shipment by highway. Includes drums, packing media, DOT and EPA labels and personal protective equipment. 3) Transportation of all packaged wastes, by a fully licensed and insured hazardous waste transporter. 4) Treatment and disposal of all wastes at a licensed hazardous waste treatment, storage and disposal facility. 5) A fully completed Hazardous Waste Manifest and Land Disposal Restriction Form at the time of shipment. 6) A completed invoice of total charges and an itemized list of types and amounts of materials collected within one (1) week following the collection day event. Our quote is based on the attached inventory and information provided by you. This quote is also subject to our attached Terms and Conditions. ENVIRONMENTAL P0. BOX 526 • CAPE GIRARDEAU, MO 63702-0526 • PHONE (573) 334-9437 • FAX (573) 334-0443 CONTRACTORS aY,q y City of Cape Girardeau December 23, 2005 Quote #IR0512008 Page 2 COST ESTIMATE 1 LABOR, MATERIALS, TRANSPORTATION AND DISPOSAL $11,238.00 2 ENERGY RECOVERY ASSESSMENT SURCHARGE 5% OF TOTAL INVOICE $ 561.90 3 TOTAL COST ESTIMATE $11,799.90 Be assured that all the wastes will be handled in a safe and environmentally sound manner. You are also provided with the added peace of mind afforded by Inter -Rail Systems' commitment to providing a quality service. Should you have any questions or require additional information, please do not hesitate to call me at (573) 334-9437. Sincerely, C.¢.__ � 09t,C.G, Bob Davie Project Manager Attachments: Terms and Conditions Inventory INTER -RAIL SYSTEMS, INC. Terms and Conditions Household Hazardous Waste City of Cape Girardeau, MO December 23, 2005 QUOTE #IR0512008 1) Price is valid for one year from the date of the quote letter. 2) Payment is due thirty (30) days from the date of service. 3) Packaging and disposal of additional items or quantities not listed on the original inventory may incur additional costs. 4) All drummed waste materials are packaged in drums that meet current DOT/UN specifications and are in good condition suitable for transportation by highway. Repackaging or over packing of drums will incur additional costs for labor and materials. 5) All materials have been correctly identified and named on the inventory provided. 6) Inter -Rail Systems' employees or agents may refuse to package and ship any materials that are determined to contain pathological agents, biological wastes, PCB's, dioxins, radioactive wastes, explosives or that possess other hazards that make them unsafe for handling or shipping. 7) An energy recovery assessment surcharge of 5% will be added to all invoices. Work will be scheduled after Inter -Rail Systems receives a Purchase Order for the amount of service. Your signature below indicates your acceptance of the pricing, terms and conditions set forth in this proposal. City of Cape Girardeau (Company) (PO #) By: (Name/Title) (Authorized Signature) (Date) ENVIRONMENTAL P0. BOX 526 • CAPE GIRAROEAU, MO 63702-0526 • PHONE (573) 334-9437 9 FAX (573) 334-0443 CONTRACTORS lbs. Misc Paints and Flammable 6 Cubic Yard Containers 6000 Latex Paint 7 Cubic Yard Containers 7000 Aerosol Cans 3 - 55 Gallon Drums 375 Flammable Liquid 2 - 55 Gallon Drums 650 Universal Lamps 1 - 8' Cylinder 100 Misc. Lab Pack Items: Mercury 1 - Drum 10 Corrosive 1 - Drum 75 Acid 1 - Drum 75 Oxidizer 1 - Drum 150 Toxic 2 - Drum 500 Used Oil 180 Gallons Antifreeze 35 Gallons Missouri Department of Transportation ,motor farrier *crbtro Jefferson City, Missouri 57.1-751-7100 HAZARDOUS WASTE TRANSPORTER LICENSE CERTIFICATE File No: USDOT 917412 Nanze: INTER -RAIL SYSTEMS INC DIB/A: City: MOUNDS State: IL License Certificate No: H-2367 Expiration Date: March 28, 2006 Effective Date: October 7, 2005 In accordance with Section 260.395 of the "Missouri Hazardous Waste Management Law", the Missouri Department of Transportation approves the application of the above-named transporter. Beginning on the effective date shown above, until the expiration date, this transporter may transport hazardous waste within this state. This permit is not transferable, and does not apply to other environmentally regulated areas. All equipment used for the transport of hazardous waste shall meet and be operated in accordance with the provisions of the Missouri Hazardous Waste Management Law (Sections 260.350 to 260.430, RSMo) and rules made under its authority. The Department does not inspect each vehicle to be used for hauling waste, and the issuance of this pen -nit does not imply approval of that equipment. The Department may suspend, revoke or modify this permit if it finds that the hauler is in violation of the chapter, rules, or any terms or conditions thereof, or has created a public nuisance, or posed a threat to the health of humans or other living organisms. This license must be carried in the vehicle at all times when transporting hazardous waste. This license must be shown to representatives of the Department, Officers of the Missouri Highway Patrol and other law enforcement officials on demand. VIN NO: 1 FDXNBOFOWVA06942 1 MZT1159YOFM001825 ZHSCEAMR5YC061918 1FUYDD2B74LF53897 1FUYDDYB3VL667437 1FUYDXYB8XLF17086 2HSFHAER8WC061007 4VIJDBJF0SR834552 4VIWDBRF9SN687391 Issued at 301 West High Street Post Office Box 1216 Jefferson City, MO 65102-1216 On October 6, 2005. Director of Administrative Sen!ices DATE (MMIDD/YYYY) AMM. CERTIFICATE OF LIABILITY INSURANCE O1/2s/ ®5• 'RODUCER (573)334-8100 FAX (573)334-4877 ONLY ANDICONF RS NO RIIS GHTS UPONAS A rTHE CERTER OF IFICATE ION Johnson Insurance Group, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 6 N. Clark Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Cape Girardeau, MO 63701 NAIC # INSURERS AFFORDING COVERAGE ACORD 25 (2001108) ©ACORD CORPORATION 1988 INSURERA: American Safety Risk Retention Group, Inc. INSURED Inter -Rail Systems, Inc. B: Zurich Ins. CO.�St. LOu15 PO Box 526 Cape Girardeau, MO 63702-0526 INSURER INSURERC: Missouri Employers Mutual Ins INSURER D: INSURER E: COVERAGES POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICIES. AGGREGATE LIMITS o ICYEFFECTIVE POLICY EXPIRATION TN —SR OD' POLICY NUMBER TYPE OF INSURANCE HSR -04-6292-002 01/31/2005 01/31/2006 EACH OCCURRENCE $ 6,000,00 GENERAL LIABILITY DAMAGE TO RENTED S SIO -100 X COMMERCIAL GENERAL LIABILITYISFA ny °jrE° ce MED EXP (Any one person) i 5,00 X CLAIMS MADE 0 OCCUR PERSONAL & ADV INJURY $ 6,000,000 A X $1O, OOO Self- GENERAL AGGREGATE S 6,000,00 Insured Retention PRODUCTS -COM S 6,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PEO MLOC BAP 3836506-03 01/31/2005 01/31/2006 COMBdNGtELIM1T S AUTOMOBILE LIABILITY idem) (Ea accident) 5,000,000 X ANY AUTO ALL OWNED AUTOS BODILY INJURY S (Per person) SCHEDULED AUTOS B HIRED AUTOS BODILY INJURY S (Per accident) NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) AUTO ONLY - EA ACCIDENT S GARAGE LIABILITY EA ACC S ANY AUTO R OTHER THAN AUTO ONLY: AGG $ EACH OCCURRENCE $ EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE AGGREGATE $ S a DEDUCTIBLE S RETENTION $ WC STATU- OTH- 17132 12/11/2004 12/11/2005ER DRY,EMPLOYERS' WORKERS COMPENSATION AND LIABILITY E.L. EACH ACCIDENT $ 1,000,000 C ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. DISEASE - EA EMPLOYE $ 1,000,000 OFFICER/MEMBER EXCLUDED? II es, describe under below E.L. DISEASE - POLICY LIMIT S 1,000,000 SPECIAL PROVISIONS HSR -04-6292-002 01/31/2005 01/31/2006 Limits $6,000,000/Total Claims OT ution/Professional of R $6,000,000/Each Claim ALiability-Claims Made $10,000 Self -Insured Retention DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS TIO CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT AMYLl Specimen Copy / Bradley Johnson ACORD 25 (2001108) ©ACORD CORPORATION 1988 a December 30, 20 Bruce Taylor Public Works Department City of Cape Girardeau 2007 Southern Expressway Cape Girardeau, MO 63703 Quote #W0138 Re: Philip Services - Quotation Letter for Waste Management Dear Mr. Taylor; PSC (Philip Services Corporation), is pleased to submit this quotation for the recycling, reclamation and/or disposal of your waste materials. By utilizing PSC you can be assured that waste materials are handled in full compliance with Federal, State and local regulations. Our emphasis is on applying the safest and most cost-effective procedures possible in managing these wastes. Pricing is based on the size of container and the treatment method, and the waste being shipped to Solvent Recovery Corp. (SRC), our TSD facility in Kansas City, MO or Philip approved facilities. The treatment code is based on waste sample analysis or the information provided to PSC in the Waste Profile Sheet and/or actual sample analysis. Should the treatment code change, the price will change accordingly. A list of various treatment codes and their waste descriptions are included on the back page of this letter. To activate the attached pricing and waste stream approval number(s) please sign and date the attached quotation acceptance, identify your Purchase Order number (if applicable), and return it to my attention at (618) 281-7160 within 30 days. If not already established a credit application must be completed and returned to us. Mastercard and C.O.D. terms are also available. We can begin service once agreeable quotation and credit terms have been established. We look forward to working with you. If you have any questions or need additional information, please contact me at (800) 733-7173. Sincerely, Gil Kauffmann Account Manager / CSS Supervisor Attachments: Recycling /Reclamation/Destruction Quotation PSC Waste Stream Definitions Prequal(s) a PSC Generator: City of Cape Girardeau Date: December 30, 2005 Address: 2007 Southern Expressway Cape Girardeau, MO 63703 Customer: Same Contact: Bruce Taylor Address: Phone: 573-334-9151 Fax: *The transportation portion of each invoice is subject to a variable rate fuel surcharge. The total invoice amount (minus any fuel surcharges) will be assessed a 2.0% insurance and energy recovery surcharge. Notes: ♦ Pricing includes finger print analysis, profiling, labeling, manifesting and LDR's. ♦ Pricing is based on 55 gallon drums unless otherwise specified. ♦ Final pricing is based on the actual specifications of the material received at Philip's TSD facility or Philip approved facilities, and the final treatment code assigned for proper disposal. ♦ Pricing is offered for 30 days. Once accepted, prices remain in effect until customer is notified in writing 30 days in advance. ♦ Please refer to the prequal approval number for each waste stream when scheduling. Contact Information: Name ♦ David Jinks ♦ Gil Kauffmann Approval and Acceptance: Title Phone Customer Service Representative (816) 474-1391 Account Manager / CSS Supervisor (618) 281-1517 Ext. Fax 112 (816) 474-1275 (618) 281-7160 The undersigned agrees and certifies that he/she is authorized to act on behalf of Customer, and Customer guarantees by his/her signature to compensate Philip Services Corporation in full for all actual services performed as described above, which are due and payable 30 days from invoice date. No verbal quotations are valid or enforceable. Unless otherwise agreed, this quote is subject to the Terms and Conditions included on the back of this quote sheet. PLEASE SIGN AS ACKNOWLEDGEMENT AND RETURN UPON RECEIPT. Customer Signature Date Printed Name Purchase Order # (if applicable) $13,502 Disposal supplies Total Flammable Paints 6 cubic yard containers $385/container $15/each $2,400 Latex Paint 7 cubic Yard containers $385/container $15/each $2,800 Aerasol cans 3 x 55 $190/55 $30/55 $660 Flammable liquid 2 x 55 $50/55 $30/55 $160 Universal lamps One tube $.10/ft supplied $50 Mercury 1 x 5 $100 $12 $112 Corrosive 1 x30 $160 $20 $180 Acid 1 x30 $160 $20 $180 Oxidizer 1 x55 $300 $35 $335 Toxic 2 x 55 $220 $35 $260 Used Oil 4 x 55 $45/drum $35 $320 Antifreeze 1 x 55 $70/55 $35 $105 mob/demob 38 hours at $45/hour $1,710 Trans $1,250 truck 1 day $100 Labor 36 x 45 $1,620 Misc supplies $600 Per Diem 6 nights $660 $13,502 , M SOUTHEAST MISSOURI -(RECEIVED NiArn, - 7 2006 too SOLID WASTE MANAGEMENT DISTRICT 1 West St. Joseph Street C. Timothy Morgan, Chairman P. 0. Box 366 Douglas K. Leslie, Vice Chairman Perryville, Missouri 63775 Albert Fults, Secretary Phone: (573) 547-9357 Norman W. Lucas, Treasurer Fax: (573) 547-7283 Chauncy D. Buchheit, Executive Director March 3, 2006 Mr. Doug Leslie City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63701 Re: Solid Waste FY06 Project R2006-3 Dear Doug: As you are aware, on February 14tt', the Proposal Review Committee for the Southeast Missouri Solid Waste Management District met and recommended funding the City of Cape Girardeau's project entitled "Household Hazardous Waste Collection" in the amount of $11,852.62. At the February 28`h Southeast Missouri Solid Waste Management District's meeting, the District membership approved funding for your project. Enclosed please find three copies of the Financial Assistance Agreement between the Southeast Missouri Solid Waste Management District and the City of Cape Girardeau for the FY06 grant cycle. If the agreement meets with your approval, please sign, along with Mayor Knudtson, and return the ones marked SWMD and DNR to me. The third copy is for your files. I have dated the Agreement for July 1, 2006. As you know, you cannot begin this project until your open project has been closed out. We will advise you when the funds have been received in our office, and we will also notify you when you can proceed with your project. If you have any questions regarding the agreement, please contact me. Sincerel , Brian J. alsman Director of Planning BJB Jgc Enclosures cc: Mr. Bruce Taylor (letter only) SWMD Project No.R-2006-3\WASWMD\FY 2006 Recycling Grants\City of Cape 2006-3\Contract letter.wr C -,J raC+ Sc -t+k'& S' -t' ^A C S So u r l S c l k (d \/,(ASAe- Ma via 1201 ID�'S4rt'c f FinaoicC6L ( C15515 f- /�reem anf _)t -t �\l I �a0 (o Mr. Brian J. Balsman Director of Planning Southeast Missouri Solid Waste Management district P. O. Box 366 Perryville, MO 63775 Re: Solid Waste FY06 Project R2006-3 Dear Mr. Balsman: Enclosed are two fully executed copies of the Financial Assistant Agreement between the Southeast Missouri Solid Waste Management District and the City of Cape Girardeau for the Household Hazardous Waste Collection. gc If you need any further information, please let me know. Sincerely, Gayle L. Conrad City Clerk "HOME OF MISSOURI STATE FLAG" FINANCIAL ASSISTANCE AGREEMENT BY AND BETWEEN THE SOUTHEAST MISSOURI SOLID WASTE MANAGEMENT DISTRICT /110 17 THE CITY OF CAPE GIRARDEAU LOCATED IN CAPE GIRARDEAU COUNTY, MISSOURI Project No. R2006-3 THIS AGREEMENT, entered into this 151 day of July, 2006, by and between the Southeast Missouri Solid Waste Management District, hereinafter referred to as the "District," and the City of Cape Girardeau located in Cape Girardeau County , Missouri, hereinafter referred to as the "Subgrantee," witnesseth that: WHEREAS, the Executive Board of the Southeast Missouri Solid Waste Manage- ment District has solicited applications for waste reduction, recycling and energy recovery projects to be considered for funding under 10 CSR 80 - 9.050, Solid Waste Management Fund - District Grants; and, WHEREAS, pursuant to the requirements of Section 260.335.2(4) RSMo, the District shall receive and allocate grant monies from the Solid Waste Management Fund; and, WHEREAS, the Southeast Missouri Solid Waste Management District has the technical, financial and support capabilities to perform the activities set forth in the project proposal entitled Household Hazardous Waste Collection hereinafter referred to as the "project proposal;" NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, the parties, hereto, and legally intending to be bound thereby, do covenant and agree for themselves and their respective successors and assigns as follows: ARTICLE I EMPLOYMENT AND DUTIES OF SUBGRANTEE (a) The District hereby agrees to allocate grant funds to the Subgrantee and the Subgrantee hereby agrees to do, perform, and carry out, in a professional manner, as set forth in the Attachment 1, "Scope of Services", Attachment 2, "The Project Budget", and according to all provisions and conditions specified in Attachment 3, "Special Terms and Conditions", Attachment 4, "Department of Natural Resources General Terms and Conditions,", Attachment 5, "Southeast Missouri Solid Waste Management District Bidding Policy" and Attachment 6, the Missouri Department of Natural Resources "Disbursement Procedures for Fiscal Year 2006 Solid Waste Management District Grants", Attachment 7, "Missouri Department of Natural Resources Grants", Attachment 8, the "Executive Summary" and Attachment 9, "Tasks and Timeline" which are appended hereto and made a part of this contract (b) The Subgrantee shall perform all of the necessary services provided under this contract in connection with the project to be executed within the legal boundaries of Region R, the Southeast Missouri Solid Waste Management District, which encompasses Bollinger, Cape Girardeau, Iron, Madison, Perry, St. Francois and Ste. Genevieve Counties in the State of Missouri. c) The Subgrantee will furnish a professionally qualified person who shall be called the Project Manager. The Project Manager for this project is Bruce Taylor. All of the services required hereunder shall be performed by the Project Manager, or such other qualified support staff under his immediate direction as may be necessary. The Project Manager shall furnish personal services and time in the amount necessary to accomplish effectively the work of the proposed project described in the scope of services. The Subgr- antee shall secure at its own expense all personnel required to perform the services under this contract. (d) The work done by the Subgrantee's employees shall be under the supervision of the Project Manager or such a qualified person as shall be designated by the Subgrantee and with concurrence of the Executive Board of the District. (e) None of the work or services covered by this contract shall be subcontracted without prior written approval of the District. (f) The scope of work to be done under this contract shall be subject to modification and supplementation upon the written agreement of the duly authorized representatives of the contracting parties. However, should the contracting parties be unable to agree unanimously, then the recommendations of the District shall prevail. No modification of the terms of this contract shall be made that would change the total grant amount. K (g) The activities of the Subgrantee's staff and associates shall be fully coordinated with the activities of the District. As the work of the Subgrantee's staff progresses, the Subgrantee's advice on matters of immediate concern to the District and related to the specific program covered by this contract shall be made available to the District during the period of the contract. (h) The Subgrantee shall provide copies of all interim and final reports to the District, as set forth in Attachment 1, "Scope of Services," of this contract. Progress reports, as required by the District, shall be made from time to time. The Record of Written Bids included in Attachment 5 shall be used to report all bids required and copies of the bid documents shall be attached to the bidding form when submitted. The appropriate forms in Attachment 6 shall be submitted with each payment request that is submitted. . (i) The Subgrantee shall not assign any interest in this contract and shall not transfer any interest, whatsoever, in the same, without the prior written consent of the District; provided, however, that claims for money due or to become due the Subgrantee from the District under this contract may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the District. 0) Any reports, information, data, et cetera, prepared or assembled by the Subgrantee under this contract which the District requests to be kept confidential shall not be made available to any individual or organization by the Subgrantee without the prior approval of the District. (k) The Subgrantee shall save harmless the District from all suits, actions, or claims brought on account of any injuries or damages sustained by any person or property in consequence of any neglect or misconduct by the Subgrantee of any employee, or on account of any claims or amount recovered by an infringement of patent, trademark, or copyright, or "Workmen's Compensation Laws" or any other laws. The Subgrantee shall not be released from such responsibility until all claims have been settled and suitable evidence to this effect being furnished to the District. (1) The Subgrantee will repay any payments which, at any time the project is audited or at the time of final audit, are determined to be ineligible under this contract by the District's auditing firm. ARTICLE II DISTRICT (a) The District agrees to abide by all provisions and requirements as set forth in 10 CSR 80 - 9.050, Solid Waste Management Fund - District Grants. 3 r � � (b) The District, its officials, employees and agents shall cooperate with the Subgrantee in the discharge of their responsibilities under this contract and will be available for consultation with the Subgrantee's staff at such reasonable periods so as not to conflict with their own responsibilities. (c) The Subgrantee agrees to acquire the approved equipment, services and/or supplies under this contract for the sum of Eleven Thousand Eight Hundred Fifty -Two Dollars and 62/100ths ($11,852.62) in District grant funds in addition to provision of the local cash funds and any in-kind match that has been pledged. The Subgrantee will be reimbursed on a periodic basis upon submittal of the required reimbursement documentation with copies of the vouchers attached, and in no instance shall compensation paid to the Subgrantee exceed Eleven Thousand Eight Hundred Fifty -Two Dollars and 62/100ths ($11,852.62) unless mutually agreed to by the contracting parties. The $11,852.62 being committed are funds from the Missouri Department of Natural Resources for Project Year 2006. If funds remain in the contract at the end of the contract period, then they are to be retained by the District. This contract shall be a cost -reimbursable contract based upon actual costs for the described equipment, services and/or supplies outlined in the aforemen- tioned project proposal. ARTICLE III EQUAL EMPLOYMENT OPPORTUNITY In carrying out the project work, the Subgrantee will not discriminate against the employee or applicant for employment because of age, disability, race, sex, religion, color or national origin. The Subgrantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their age, disability, race, sex, religion, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Subgrantee will, in all solicitations or advertisements, state that all qualified applicants will receive consideration for employment without regard to age, disability, race, sex, religion, color or national origin. The Subgrantee shall include similar provisions in all subcontracts for services covered by this contract, if any. 0 ARTICLE IV INTEREST OF SUBGRANTEE AND ITS EMPLOYEES AND THE DISTRICT AND ITS OFFICIALS, EMPLOYEES AND AGENTS No official or employee of the Subgrantee who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the project shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or indirect, in any contract or proposed contract in connection with the project. No officer, employee or agent of the District or member of its governing body and no official of the District or its governing body and no other public official of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in connection with the undertaking or carrying out of the project shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or indirect, in any contract or proposed contract in connection with the project. If any such member, officer, employee or agent presently has, or in the future voluntarily acquires, any such personal interest, he shall immediately disclose such interest to the District Executive Board. Upon such disclosure, such officer, employee, agent or member shall not participate in any action by the Subgrantee affecting the carrying out of the project. ARTICLE V OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress of the United States of America nor the Legislature of the State of Missouri shall be permitted to any share or part hereof or to any benefit to arise herefrom. ARTICLE VI IDENTIFICATION OF DOCUMENTS All reports and other documents completed as a part of this contract, other than documents exclusively for internal use of the Subgrantee, shall carry the following notation on the title page: The preparation of this report was financed with funds provided by the Southeast Missouri Solid Waste Management 5 r r � District and the Missouri Department of Natural Resources. along with the date (month and year) the document was prepared. Excluded from the provision are any legal documents prepared for action by the District. ARTICLE VII COPYRIGHT AND DISPOSITION OF ORIGINAL DOCUMENTS (a) No reports or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Subgrantee. (b) All original typed reports or documents prepared by the Subgrantee under the terms of this contract, shall be deemed to be the property of the District. Any such original materials, however, shall be filed, stored, or otherwise retained by the Subgrantee until such time as the District may require that they be delivered to the District. The Subgrantee shall retain the right to reproduce any such original materials and retain any such reproductions for its records. ARTICLE VIII TERMINATION OF CONTRACT (a) The Subgrantee shall have completed all work covered by this contract and this contract shall terminate as specified in the contract unless extended by mutual consent of the District and the Subgrantee. In the event that work is not completed by that date and mutual consent of the two parties for extension of the contract is not obtainable, the following procedures shall be followed: (1) if refusal to extend is by the Subgrantee, paragraph (c) of this section shall apply; (2) if refusal to extend is by the District, paragraph (d) of this section shall apply. (b) This contract may be terminated prior to the expiration of the contract period specified by unanimous written agreement by the two parties to this contract; or, c) If, through any cause, the Subgrantee shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the Subgrantee shall violate any of the covenants, agreements, or stipulations of this contract, the District shall thereupon have the right to terminate this contract by giving written notice to the Subgrantee of such termination. In such event, all finished and unfinished documents, data, studies, surveys, drawings, models, reports, photographs, et cetera, prepared by the Subgrantee under this contract shall become the District's property and the Subgrantee shall be entitled to receive just and Ce equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Subgrantee shall not be relieved of liability to the District for damages sustained by the District by virtue of any breach of the contract by the Subgrantee and the District may withhold any payments to the Subgrantee for the purpose of set-off until such time as the exact amount of damages due the District from the Subgrantee is determined. (d) The District may terminate this contract at any time by giving a written five (5) day notice to the Subgrantee. If the contract is terminated by the District as provided herein, all finished and unfinished documents, data, studies, surveys, drawings, models, reports, photographs, et cetera, prepared by the Subgrantee under this contract shall become the District's property and the Subgrantee shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Subgrantee shall not be relieved of liability to the District for damages sustained by the District by virtue of any breach of the contract by the Subgrantee and the District may withhold any payments to the Subgrantee for the purpose of set-off until such time as the exact amount of damages due the District from the Subgrantee is determined. ARTICLE IX TIME OF PERFORMANCE (a) The work of the Subgrantee is to commence when notified in writing by the District and shall be undertaken in such sequence as to assure their expeditious completion in relation to the purposes of this contract, but in any event, all of the services required hereunder shall be completed and submitted to the District on or before the expiration of twelve (12) calendar months following the date of written notification to proceed under this contract. The proposed project start date is July 1, 2006 with completion of the project by June 30, 2007. (b) If the work specified under the terms of this contract is not completed within twelve (12) consecutive calendar months following the date of written notification to proceed, through no fault of the Subgrantee, the District's authorized representative shall have the authority to extend this contract by a period not to exceed six (6) months. Any such extension shall be issued to the Subgrantee in writing and properly entered in the District's records regarding this contract. However, if mutually agreed to by the District and the Subgrantee, this contract may be extended for time of performance and compensation to the Subgrantee. 7 f ARTICLE X COMPENSATION TO THE SUBGRANTEE (a) It is agreed between the parties that the District shall allocate funds to the Subgrantee to cover all eligible expenses incurred in the execution of this contract as specified in the Budget Summary, which sum shall not exceed Eleven Thousand Eight Hundred Fifty -Two Dollars and 62/100ths ($11,852.62) unless mutually agreed to by the contracting parties. All requests for reimbursement under the terms of this contract shall be submitted to the District in writing. (b) Costs incurred prior to the execution of this contract may not be considered as eligible project costs. c) Compensation under this contract is contingent upon receipt of funds from the Missouri Department of Natural Resources. If such funds are not forthcoming, this contract is null and void. No funds under this contract may be committed or expended prior to receipt of written notice to proceed with the project from the Southeast Missouri Solid Waste Management District. Schedule of Compensation Payments to the Subgrantee authorized under the terms of this contract shall be made in monthly payments for which the Subgrantee submits the specified written request for reimbursement. Monthly invoices will be rendered in the amounts required to reimburse the Subgrantee for the eligible expenses incurred during the month. The Executive Board is required to retain fifteen percent (15%) of the funds from the recipient until the Board gives approval to the recipient's final report and Department of Natural Resources' audit findings are cleared. When the specified work is completed, either before, after or within the basic period of the contract, the Subgrantee shall notify the District of final billing in writing and the District shall acknowledge completion of the work and termination of the contract in writing submitted to the Subgrantee with the final reimbursement. Cash funds that are committed to the project shall be verified with appropriate canceled checks, front and back, from the account of this project and other appropriate documentation. ARTICLE XI BIDDING PROCESS The Subgrantee, as recipient of funds through the Southeast Missouri Solid Waste Management District from the Missouri Department of Natural Resources, is required to comply with appropriate state laws in the bidding of any property or equipment to be acquired. The Subgrantee is also required to comply with any bidding requirements established by the Solid Waste Management District in the acquisition of equipment or property. The District's bidding policy is outlined in Attachment 5 which is appended hereto and made a part of the contract. The Subgrantee is also required to comply with the requirement of the Reimbursement Procedures for Fiscal Year 2006 for Solid Waste Management District Grants in Attachment 6. ARTICLE XII SECURITY INTEREST OF THE DISTRICT The District shall maintain a security interest in all equipment that is purchased with District Grants funds for a period of four (4) years from the date of purchase. The District's security interest in such equipment shall decline at a rate of 25% of the original cost of the equipment per year. Following the end of the initial four-year period, the provisions concerning the disposition of equipment found in Attachment 4, "Department of Natural Resources General Terms and Conditions," will prevail. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. SOUTHEAST MISSOURI SOLID CITY OF CAPE GIRARDEAU, MO WASTE MANAGEMENT DISTRICT l B By CHA CY D. BUCHHEIT JAY KNUDTSON Executive Director Mayor �� Attest —attest JOAN G. CARLTON UGLAS K. LESLIE Administrative Assistant G� City Manager ATTACHMENT 1 Scope of Services This Scope of Services is appended to and made a part of a contract by and between the Southeast Missouri Solid Waste Management District and the City of Cape Girardeau to the terms hereof, said contract being dated July 1, 2006. 1. GOALS AND OBJECTIVES The Southeast Missouri Solid Waste Management District will work with the City of Cape Girardeau in striving to achieve the goal of a 40% reduction in the amount of solid waste being landfilled in the District by 2006. This effort will be accom- plished through the work plan set forth in the proposal entitled Household Hazardous Waste Collection. 2. REPORTS The City of Cape Girardeau will prepare and submit to the District a report, at no more than three (3) month intervals, which contains the details of progress, including the volume of waste abatement for each type of recovered material utilized in the project, as well as the avoided cost of disposal and the market and end-user of the materials recovered, if appropriate. These reports must also address problems encountered in project execution; budget adjustments made within budget categories, with justifications; proposed solutions for any problems which may jeopardize the success of the project in progress; and any other information requested by the District for proper evaluation. Any tables, or photographs generated as part of the project should also be included. These reports will be due ten (10) days after the quarterly anniversary of the project commencement date. For the purposes ofreporting, fust project reports shall be made for the period of July 1 through September 30, and the report is due no later than October 10'. For the second report, the reporting period is October 1 through December 31, and the report is due no later than January 10". For the third report, the period of coverage is January 1 through March 31, and the report shall be submitted no later than April 10'`. For the fourth and final report, the reporting period is for April 1 through June 30, and the report is due no later than July 10`'. Projects for which reports are received after the due dates indicated above will be assessed a 5% deduction in total project funds provided as a part of this contract. 3. FINAL REPORT A final report is required, within twenty (20) days of the project completion date, that shall contain the same information as described for regular reports, as well as a comparison of actual accomplishments to the goals established and reasons why the project was or was not successful. 4. ACCOUNTING SYSTEM The Subgrantee will maintain an accounting system according to generally accepted accounting principles that accurately reflects all financial transactions, incorporates appropriate controls and safeguards, and provides clear references to the project proposal. Accounting records must be supported by such source documentation as canceled checks, paid invoices, payrolls, time and attendance records, contracts, and agreement award documents. 5. RETENTION AND CUSTODIAL REQUIREMENTS OF RECORDS The Subgrantee will retain all records and supporting documents directly related to the project for a period of three (3) years from the date of submission of the final report and make them available to the District or the Missouri Department ofNatural Resources upon request. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the three (3) year period, 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 three (3) year period, whichever is later. 6. PERMITS It is the responsibility of the Subgrantee to be in compliance with all applicable environmental laws and regulations and to obtain all required permits and licenses for the operation of the project. Proof that all permits and licenses are in place is required before approved funding is allocated to the Subgrantee. 7. INSURANCE The Subgrantee will provide the District proof of insurance on all buildings and site improvements, no matter how large or small, purchased or constructed with funds from MDNR. 8. SERIAL NUMBERS The Subgrantee will provide the District with a description of the equipment, a serial number or other identification number, the source of property, the acquisition date and the cost of the property, percentage of federal participation in the cost of the property, the location and use and condition of the property. 9. PHYSICAL INVENTORY The Subgrantee will make available to the District a physical inventory of the property when requested. Attachment 2 BUDGET SUMMARY BUDGET CATEGORY APPROVED FUNDS MATCH FUNDS TOTAL FUNDS PERSONNEL PROFESSIONAL SERVICES Licensed Waste Hauling company 8,850.00 2,950.00 11,800.00 Newspaper Advertising 814.50 271.50 1,086.00 Flier mailed to residential customers 2,100.00 700.00 2,800.00 EQUIPMENT SUPPLIES TRAVEL OTHER' Table and chair rental 20.62 6.88 27.50 Portable Toilet Rental 67.50 22.50 90.00 TOTAL BUDGET FOR PROJECT 11,852.62 3,950.88 ' 15,803.50 PERCENTAGE OF TOTAL' ` 75% 25% 100% Pagel of 4 ATTACHMENT 3 SPECIAL TERMS AND CONDITIONS DISTRICT GRANTS (Rev. 3/00) Item "II. A." of Attachment 3 - Department of Natural Resources General Terms and Conditions" (6/94 DAS) is hereby deleted and replaced with the following: "A. Method of Payment, The recipient shall report project expenses and submit standard invoices, attached to the agreement, for payment. Invoices must provide the project name and number as assigned by the Missouri Department of Natural Resources (MDNR) and the amount of funds requested for each project. Invoices must include as attachments, copies of properly executed financial assistance agreements for each project for which the recipient is requesting payment. No payments will be made to recipients for invoices received by the department in excess of 12 months after the date of execution of the agreement by the department." 2. Item "II: C." of Attachment 3 - "Department of Natural Resources General Terms and Conditions (6/94 DAS) is hereby amended to add the following paragraph: "Expenditure of income earned from interest on district grant agreement funds must be in compliance with 10 CSR 80-9.050 Solid Waste Management Fund (SWMF) - District Grants. Interest earned from grant monies may be used to fund cost as long as they are reimbursable under the provisions established in the SWMF - District Grants rule and directly benefit the district grant program." 3. Item "II. J.1. and 3." of Attachment 3 - "Department of Natural Resources General Terms and Conditions" (6/94 DAS) are hereby deleted, replaced, and amended to include: Title to equipment acquired under this agreement will vest with the sub -grantee. When equipment is acquired with SWMF monies under this agreement, the following conditions apply or equivalent conditions set by the district and certified as appropriate by the district's legal counsel: a. Security Interest. The sub -grantee hereby grants to the district, its successors and assigns a security interest in all equipment purchased for $5000 or more, in whole or in part, with SWMF monies. Said security interest shall be equivalent to the amount of funding provided by the district for the purchase of equipment. The security interest of the district shall decrease at a rate of 25% per year, beginning on the start date of the project period as set forth in the financial assistance agreement between the district and the sub -grantee. Sub -grantee hereby covenants that it will not transfer, sell or pledge the district's security interest in the equipment as collateral for any indebtedness without first obtaining the prior written consent of the district unless specifically authorized pursuant to this agreement. When the security interest is fully depreciated, the secured party will, on written demand by the debtor, send the debtor a termination statement that he/she no longer claims a security interest in the financing statement (identified by file number). If the equipment purchased with SWMF monies is required to be titled through the Missouri Department of Revenue, the Solid Waste Management District must Page 2 of 4 be listed as a lien holder on said title. The sub -grantee must provide the district a clear title to be held until the security interest (lien) has been fully depreciated. In the case of more than one lien holder, sub -grantee must provide the district with documentation that the district is listed as lien holder on the title. It is the responsibility of the district to obtain the UCC -1 forms and meet all requirements regarding their use. b. Equipment Funding. The sub -grantee hereby agrees to apply the funding provided for equipment to the purchase of the equipment specified in the financial assistance agreement as negotiated with the district. C. Use of Equipment. Sub -grantee hereby agrees that any equipment purchased pursuant to this agreement shall be used for the performance of services under this agreement during the term of this agreement, and for three years thereafter. Sub -grantees shall annually submit a statement as provided by the district certifying that the use(s) of said equipment is for project activities. Use(s) pf said equipment for activities not related to the performance of services of this agreement must be reported in quarterly reports required by this agreement. Notwithstanding anything to the contrary contained in this agreement, the equipment shall not be removed from the State of Missouri. d. Insurance. The sub -grantee shall procure and maintain insurance, with financially sound and reputable insurance companies in such amounts and covering such risks as are usually carried by companies engaged in the same or similar business and similarly situated, on all equipment purchased with SWMF monies. When buildings or site improvements are acquired with SWMF monies under this agreement, the following conditions apply or equivalent conditions set by the district and certified as appropriate by the district's legal counsel: a. Security Interest or Lien. The sub -grantee shall grant to the district, its successors and assigns a security interest or lien in all buildings or site improvements purchased or constructed for $5000 or more, in whole or in part, with SWMF monies. The sub -grantee shall sign the financing statement (form UCC -1) included in his financial assistance agreement packet and return the form along with the financial assistance agreement to the district for processing. Said security interest or lien shall be equivalent to the amount of funding provided by the district. Sub -grantee hereby covenants that it will not transfer, sell or pledge the district's security interest in the buildings or site improvements as collateral for any indebtedness whatsoever without first obtaining the prior written consent of the district. The security interest of the district shall decrease at a rate.of 25% per annum, beginning on the start date of the project period as set forth in the financial assistance agreement between the district and the sub- grantee. When the security interest is fully depreciated, the secured party will, on written demand by the debtor, send the debtor a termination statement that he/she no longer claims a security interest in the financing statement (identified by file number). b. Buildings and Site Improvements Funding. The sub -grantee hereby agrees to apply the funding provided for buildings and site improvements to the purchase Y a Y Page 3 of 4 of the buildings or site improvements specified in the financial assistance agreement as negotiated with the district. Use of Buildings and Site Improvements. Sub -grantee hereby agrees that any buildings or site improvements constructed or purchased pursuant to this agreement shall be used for the performance of services under this agreement during the term of this agreement, and for three years thereafter. Sub -grantees shall annually submit a statement as provided by the district certifying that the use(s) of said buildings or site improvements is for projedt activities. Notwithstanding anything to the contrary contained in this agreement, buildings and site improvements shall not be removed from the State of Missouri. d. Insurance. The sub -grantee shall procure and maintain insurance, with financially sound and reputable insurance companies in such amounts and covering such risks as are usually carried by companies engaged in the same or similar business and similarly situated, on all buildings and site improvements purchased or constructed with SWMF monies. 4. Item "II. M." of Attachment 3 -"Department of Natural Resources General Terms and Conditions" (6/94 DAS) is hereby deleted and replaced with the following language: "Grantees and sub -grantees receiving grant funding from Solid Waste Management Districts shall identify the MDNR as a funding source on all publications and other printed materials which are intended for distribution. Identification shall include the Department's logo with the full Department name. This applies to publications, news releases, videos, displays and all other projects from which information may be obtained by reading, watching, hearing or simply seeing the material. Camera ready copies of the logo will be provided to any Solid Waste Management District requesting them. The Solid Waste Management Districts will provide logos to sub - grantees requiring them. For other projects, such as audio cassette tapes and news releases, the Department shall be identified audibly by including its full name. Guidelines pertaining to placement of logos along with the Department name and audible identification of the Department are provided in ATTACHMENT 2A. Item "II. N." of Attachment 3 - "Department of Natural Resources General Terms and Conditions" (6/94 DAS) is hereby amended to replace all references to "MDNR" with "Solid Waste Management District" and all references to "recipient" with "sub -grantee". 6. Item "II. O." of Attachment 3 - "Department of Natural Resources General Terms and Conditions" (6/94 DAS) is hereby deleted and replaced with the following language: "Audit Requirement. Solid Waste Districts receiving $200,000 or more of financial assistance from the Department in any fiscal year must provide the Department with a copy of an independent auditors report on the fair presentation of the district's financial statements in conformity with generally accepted accounting principles; the internal control structure; and compliance with applicable laws and regulations. Financial assistance shall include Operational Grants, District Project Grants, or State Project Grants. Solid Waste Management Districts receiving less than $200,000 in a fiscal year are not required to have annual audits. However, according to 260.335 (3), each district receiving moneys under this subdivision shall submit, within ninety days of the end of the fiscal year, an audited report of the expenditure of all funds received under this subsection". 7. Item "II. V." of Attachment 3 — "Department of Natural Resources General Terms and Conditions" (6/94 Page 4 of 4 DAS and 6/94 DAS-UNIV) is hereby deleted and replaced with the following: "Recycled Paper. Recipients of Solid Waste Management funds are required to use recycled paper consisting of at least 30% post consumer waste for all reports and materials which are prepared as part of this grant award and delivered to the MDNR or otherwise distributed as part of this grant. If paper containing 30% post consumer material is not reasonably available, does not meet reasonable performance requirements, or is only available at an unreasonable price, then the recipient shall use paper containing no less than 20% post consumer material. The chasing arrows symbol representing the recycled content of the paper will be clearly displayed on at least one page of any materials provided to any and all parties other than the MDNR. This requirement applies even if the cost of recycled paper is higher than that of virgin paper. 8. Districts receiving SWMF which are audited by the MDNR or its representative, shall address all deficiencies identified in the audit to the satisfaction of the Solid Waste Management Program (SWMP). Districts failing to address deficiencies identified in the audit will not be eligible to receive any further funding, and may be required to repay any and all disbursements of SWMFs. 9. Any funds awarded to a district which are not expended (or encumbered) for the purpose for which the funds were awarded, will be repaid by the district to the MDNR SWMP for deposit into the SWMF. 10. Districts are responsible for ensuring proper use of the funds. Districts will repay the amount of any improperly expended funds to the MDNR SWMP for deposit into the SWMF. 11. Any district failing to provide timely and accurate quarterly reports will not be eligible to receive any further funding, and may be required to repay any and all disbursements of SWMFs. 12. Districts will notify the Department of any and all changes in project status, in the quarterly report immediately following any changes, from the date of execution of the district grant agreement through the completion of each project. It Attachment 4 6/94 DAS Page 1 of 13 DEPARTMENT OF NATURAL RESOURCES General Terms and Conditions I. Statutory Requirements The Missouri Department of Natural Resources (MDNR) and any recipient (subgrantee/contractor) employed under this agreement shall comply with all applicable Federal, State, and local laws and, in particular, any and all applicable Federal laws and regulations cited in this agreement. Any recipient, in connection with its application for financial assistance, shall include a certification that the recipient is in compliance with the specific federal and state laws set forth below. Further, the recipient shall report to the MDNR any instance in which the recipient is determined by any administrative agency or by any court in connection with any judicial proceeding to be in noncompliance with any of the specific federal or state laws set forth below. Such report shall be submitted within ten (10) working days following such determination. Failure to comply with the reporting requirement may be grounds for termination of this agreement or suspension or debarment of the recipient in accordance with paragraphs II (H) and (S) of these Terms and Conditions. A. Statutes related to nondiscrimination: 1. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; 2. Title VII of the Civil Rights Act of 1964 found at 42 U.S.C. 52000(e) et.seq. which prohibits discrimination on the basis of race, color, religion, national origin, or sex: 3. Title IX of the Education Amendments of 1972, as amended (U.S.C. 5g 1681-1683 and 1685-1666) which prohibits discrimination on the basis of sex; 4. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 5 794), which prohibits discrimination on the basis of disability; 5. Age Discrimination Act of 1915, as amended (42 U.S.C. 55 621-634), which prohibits discrimination on the basis of age; 6. Drug Abuse Office and Treatment Act of 1972 (P.L. 92-2SS), as amended, relating to nondiscrimination on the basis of drug abuse; Page 2 of 13 7. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 8. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 9. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 10. Chapter 213 of the _Missouri Revised Statutes which prohibits discrimination on the basis of race, color, religion, national origin, sex, age, and disability. 11. The Americans with Disabilities Act (P. L. 101-336), 42 U. S. C. §12101 et seq., relating to nondiscrimination with respect to employment, public services, public accommodations and telecommunications. 12. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made. 13. The requirements of any other nondiscrimination statute(s) which may apply to the application. B. Will comply with environmental standards which may be prescribed pursuant to the following: 1. The Federal Clean Air Act, 42 U.S.C. § 7606, as amended, prohibiting award of assistance by way of grant, loan, or contract to noncomplying facilities. 2. The Federal Water Pollution Control Act, 33 U.S.C. 5 1368, as amended, prohibiting award of assistance by way of grant, loan, or contract to noncomplying facilities. 3. The National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., as amended, particularly as it relates to the assessment of the environmental impact of federally assisted projects. 4. The National Historic Preservation Act of 1966, 16 U.S.C. § 470 et seq., as amended, relating to the preservation of historic landmarks. Page 3 of 13 S. Earthquakes - Seismic Building and Construction Ordinances, SS 319.200 - 319.207, RSMo (Cum. Supp. 1990), relating to the adoption of seismic design and construction ordinances by certain cities, towns, villages and counties. C. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. SS 4601 and 4651 et seq., relating to acquisition of interest in real property or any displacement of persons, businesses, or farm operations. D. The Hatch Act, S U.S.C. S 1501 et seq., as amended, relating to certain political activities -of certain State and local employees. E. The Archeological and Historic Preservation Act of 1974 (Public Law 93-291) relating to potential loss or destruction of significant scientific, historical, or archeological data in connection with federally assisted activities. F. The Wild and Scenic Rivers Act of 1968 (16 U.S.C. S 1211 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. G. The flood insurance purchase requirements of S 102(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) which requires Recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. H. The Privacy Act of 1974, P.L. 93-579, as amended prohibiting the maintenance of information about any individual in a manner which would violate the provision of the Act. I. Public Law 93-348 regarding the protection of human subjects involved in research, development and related activities supported by this award of assistance. J. The Laboratory Animal Welfare Act of 1966 (P. L. 89-544), 7 U.S.C. S 2131 et seq., pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. K. The following additional requirements apply to projects that involve construction: 1. The Davis -Bacon Act, as amended, 40 U.S.C. S 276a et seq., respecting wage rates for federally assisted construction contracts in excess of $2000. 2. The Copeland (Anti -Kickback) Act, 18 U.S.C. S 874, 40 U.S.C. S 276c. Page 4 of 13 3. The Contract Work Hours and Safety Standards Act, 40 U.S.C. § 327 et seq. 4. Convict labor shall not be used on construction projects unless by convicts who are on work release, parole, or probation. L. The Lead -Based Paint Poisoning Prevention Act (42 U. S. C. § 4801 et seq.) which prohibits the use of lead paint in construction or rehabilitation of residence structures. II. Administrative Requirements The Missouri Department of Natural Resources (MDNR) shall apply the standards contained in state statutes and the federal Common Rule (Adopted by 29 federal agencies and contained in specific Codes of Federal Regulations, for each federal agency, under the title, "Uniform Administrative Requirements For Grants and Cooperative Aqreements to State and Local Governments") in the administration of this agreement (subgrant/contract/cooperative agreement) and in particular those standards paraphrased as follows: A. Method of Payment. The recipient (subgrantee/contractor) will be reimbursed for all allowable expenses incurred in performing the scope of services. The recipient shall report project expenses and submit standard invoices, attached to the agreement, for payment. The form must be completed with the MDNR invoiced amount and local share detailed for the recipient to be reimbursed. Invoices must provide a breakdown of project expenses by the object class detail contained in the agreement budget. Monthly or quarterly invoices must be received by the 10th of the month following the invoice period. No reimbursements will be made for expenditures incurred after the closing budget date unless a budget time period extension has been granted by the MDNR. 1. Payments under nonconstruction grants will be based on the grant sharing ratio as applied to the total project cost for each invoice submitted unless the agreement specifically provides for advance payments. Advance payments may be authorized on a monthly basis to cover estimated expenditures for a 30 day period. MDNR programs may process advance payment requests'ten working days prior to requested due dates. 2. All reigibursement requests, including those for advance payment, will show expenditures by object class categories and the following certification by the authorized recipient official, I certify that to the best of my knowledge and belief the data above are correct and that all outlays were made in accordance with the agreement and that payment is due and has not been previously requested. Advance payments Page 5 of 1:3 will include the same expenditure itemization and certification for the previous advance period. 3. Requests for advance payments will be made prior an advance payment being requested. The advance payment request will include the same expenditure itemization B. Retention and Custodial Requirements For Records. Financial records, supporting documents, and other pertinent agreement records shall be retained for a period of three years starting from the date of submission of the final financial status report. Authorized representatives of Federal Awarding Agencies, the Comptroller General of the United States, and the MDNR shall have access to any pertinent books, documents, and records of recipients to make audits or examinations. The recipient will further agree to permit monitoring by the MDNR and/or authorized representative. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 3 -year period, 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 -3 -year period, whichever is later. C. Program Income. Defined as gross income earned from agreement activities including income from fees for services performed, from the use or rental of real or personal property acquired with agreement funds, from the sale of commodities or items fabricated under a agreement, and from payments of principal and interest on loans made with agreement funds. Program income shall be deducted from outlays which may be both federal and nonfederal, unless the MDNR, as negotiated with the recipient, or federal awarding agency specifies an alternative method in the agreement, described in the "Uniform Administrative Requirements For Grants and Cooperative Agreements to State and Local Governments." When anticipated and authorized, program income is added to the funds committed to the agreement it must be credited back to the original fund or project from which it was earned. A recipient, having earned program income, may then invoice the MDNR for costs incurred against program income if given permission by the federal awarding agency, through the RDNR, as negotiated with the recipient. D. Match or Cost Share Funding. In general, match or cost sharing represents that portion of project costs not borne by state appropriations. The matching share will usually be prescribed as a minimum percentage. If stated in dollars only, the MDNR sharing ratio will be total project costs divided into the recipient match or cost share funding amount. In kind (noncash) contributions are allowable project costs when they directly benefit and are specifically identifiable to the project or program. Page 6 of 13 1. Match or cost share funding will be established by the MDNR, through negotiation with the recipient. Signature by both the MDNR and recipient, on the agreement signature form, firmly affixes the match or cost sharing ratios. Full expenditure of recipient match or cost share funding is required over the life of the agreement. Recipient must invoice the MDNR, as required by the particular agreement, and provide financial records for total expenditure of state and match or cost share funding. The MDNR will reimburse the recipient for its percentage portion agreed to by signature less any negotiated withholding. 2. Failure to provide 100 percent of the match or cost share ratio of total expenditures as identified on the agreement signature form may cause that recipient to become ineligible to receive additional financial assistance from the MDNR for a period of five (S) years. E. Financial Management Systems. The financial management systems of recipients must meet the following standards: 1. Financial Reporting. Accurate, current, and complete disclosure of financial results of financially assisted activities must be made in accordance with the financial reporting requirements of the agreement; 2. Accounting.Records. Maintain records which adequately identify the source and application of funds provided for financially assisted. activities. These records must contain information pertaining to agreement awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income; 3. Internal Control. Effective control and accountability must be maintained for all recipient cash, real and personal property, and other assets. Recipients must adequately safeguard all such property and must assure that it is used solely for authorized purposes; 4. Budget Control. Actual expenditures or outlays must be compared with budgeted amounts for each agreement; S. Allowable Costs. Applicable OMB cost principles, federal agency program regulations, and the agreement scope of work will bei followed in determining the reasonableness, allowability, and allocability of costs; 6. Source Documentation. Accounting records must be supported by such source documentation as cancelled checks, paid bills, payrolls, time and attendance records, contract, and agreement award documents; Page 7 of 13 7. Cash Management. Procedures for minimizing the time elapsing between the transfer of funds from the U.S. Treasury and disbursement by the MD1R must be followed whenever advance payment procedures are used. F. Reporting of Program Performance. A performance report for each program, function, or activity shall be submitted at least annually and/or after completion of the project, as specified by the agreement scope of work. Performance report requirements, if not expressly stated in the scope of work, should include, as a minimum, a comparison of actual accomplishments to the goals established, reasons why goals were not met, and other pertinent information. G. Budget and Scope of Work Revisions. For non -construction grants, recipients must request and receive prior written approval to transfer funds from a direct cost budget category(ies) when the cumulative amount of such transfers exceed or are expected to exceed ten percent of that budget category. The revision must meet requirements applicable to OMB cost principles. official notification is to be transmitted to the MDNR whenever a recipient makes a revision for less than ten percent. 1. Prior notification is also required by recipients to add budget items requiring approval, for allowability of costs, in accordance with OMB Circular A-87, A-122, or A-21, as applicable. 2. Changes to the scope of services described in the agreement must receive prior approval from the MDNR. Approved changes in the scope of work or budget shall be incorporated in written amendment to the agreement. 3. For construction grants, prior approval is required to revise any budget resulting from changes in the scope or objective of the project. H. Termination for Cause. The MDNR may terminate any agreement in whole, or in part, at any time before the date of completion, whenever it is determined that the recipient has failed to comply with the terms and conditions of the agreement. The KDNR shall promptly notify the recipient in writing of such a determination and the reasons for the termination, together with the effective date. MDNR payments to or recoveries from recipients under agreements terminated for cause shall be in accord with the legal rights and liabilities of the parties. Page B of 13 I. Termination for Convenience. Both the MDNR or recipient may terminate the agreement in whole, or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. J. Equipment Management. The following standards shall govern the utilization and disposition of equipment acquired with agreement funds: 1. Title to equipment acquired under this agreement will vest With MDNR. 2. Procedures for managing equipment whether acquired in whole or in part with agreement funds will, as a minimum, meet the following requirements until disposition takes place. a. Property records must be maintained that include a description of the equipment, a serial number or other identification number, the source of property, the acquisition date, and cost of the property, percentage of federal participation in the cost of the property, the location, use andcondition of the property. b. A physical inventory of the property must be taken and the results reconciled with the property records at least once every two years. C. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated. 3. When original or replacement equipment acquired under this c agreement is no longer needed for the original project or program, disposition will be made as follows: a. For items with a per unit fair market value of less than $1,000.00, MDNR will transfer title to the recipient who may use the property for other activities without reimbursement to MDNR. b. For items having a per unit fair market value of $1,000.00 or more, MDNR reserves the right to transfer tkstle. However, the recipient may retain the property for other uses provided that compensation is made to MDNR. The amount of compensation shall be computed by applying the percentage of MDNR participation in the cost of the original project to the current per unit fair market value of the property. If the recipient has no need for the property and the property has 5 Page 9 of 13 further use value, the recipient shall request disposition instructions from MDNR. c. MDNR shall issue disposition instructions within 120 calendar days after the recipient's request. MDNR may pick up the property or instruct the recipient to ship the property elsewhere. Shipping costs shall be paid by MDNR. d. Title is transferred to the recipient if disposition instructions are not issued by MDNR within 120 calendar days after the recipient's request or if so instructed. K. Inventions and Patents. If any recipient produces subject matter which is or maybe patentable in the course of work sponsored by this agreement, such subject matter shall be promptly and fully disclosed to the MDNR. In the event that the recipient fails or declines to file Letters of Patent or to recognize patentable subject matter, the MDNR reserves the right to file same. The MDNR grants to the recipient an option to acquire an exclusive license including the right to sublicense with a royalty consideration to the MDNR. L. Copyrights. Except as otherwise provided in the terms and conditions of this agreement, the author or the recipient is free to copyright any books, publications, or other copyrightable material developed in the course of this agreement, however, the MDNR and federal awarding agency reserves a royalty free nonexclusive and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use, the work for State government purposes. M. Prior, Approval For Publications. It is the policy of the MDNR to review and approve draft copies of all publications and other printed materials which are intended for distribution. The recipient shall submit two draft copies of each publication and other printed materials to the MDNR which are intended for distribution and are financed, wholly or in part, by agreement funds. Printing and distribution may follow receipt of written approval of the MDNR. N. Procurement Standards. Recipients shall use their own procurement procedures provided that procurements conform to standards set forth in the "Uniform Administrative Requirements For Grants and Cooperative Agreements to State and Local Governments". 1. No work or services, paid for wholly or in part with state or federal funds, will be contracted without the written consent of the MDNR. Page 10 of 13 2. Recipient agrees that any contract, interagency agreement subagreement, and/or equipment to be procured under this award which was not included in the approved workplan must receive formal MDNR project officer approval prior to expenditure of funds associated with that contract, agreement, subagreement, or equipment purchase. O. Audit Requirements. Recipients shall arrange for independent audits as prescribed in OMB Circular A-128,.Single Audit Act of 1984. When the recipient had its yearly audit conducted by a governmental agency or private auditing firm, the relevant portion(s) of the audit report will be submitted to the MDNR, and if not, an audit is to be arranged for independent audit as prescribed in OMB Circular A-128 or A-133, as applicable. P. Allowability of Costs. Allowability of costs shall be determined in accordance with cost principles contained in OMB Circular A-87 (Revised) for State and local governments, Circular No. A-122 for nonprofit organizations and Circular No. A-21 for educational institutions. Q. Conflict of Interest. No party to this agreement and no officer, agent, or employee of either party to this agreement who exercises any functions or responsibilities in the review or approval of the performance of this agreement shall participate in any decision relating to this agreement which would affect their personal or pecuniary interest, directly or indirectly. No state employee shall perform any service for consideration paid by the recipient during one year after termination of the employee's state employment in which the former state employee attempts to influence a decision of the MDNR or in the relation to any case, decision, proceeding or application with respect to which the -former employee personally participated during the period of state employment. R. State Appropriated Funding. The recipient agrees that funds expended for the purposes of this agreement must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the agreement period, as well as being awarded by the federal or state agency supporting the project. Therefore, the agreement shall automatically terminate without penalty or termination costs if such funds are not appropriated and/or granted. In the event that funds are not appropriated and/or grant%d for the agreement, the recipient shall not prohibit or otherwise limit the MDNR's right to pursue alternate solutions and remedies as deemed necessary for the conduct of state government affairs. The requirements stated in this paragraph shall apply to any amendment or the execution of any option to extend the agreement. Page 11 of 13 S. Debarment and Suspension. Recipients must not make any award at any time to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistance under Executive Order 12549, "Debarment and Suspension." A Debarment/Suspension form is to be completed by recipients and be attached to the recipient application and be attached to the agreement document prior to signature by the MDNR official. Furthermore, recipients'are also responsible for written debarment/suspension certification of all subcontractors receiving funding through a federally funded grant: MDNR's administrative policy on the debarment and suspension of recipients for certain activities, DNR Policy No. 6030 is expressly incorporated herein by reference. A copy of this policy is available to recipients upon request. T. Anti Lobbying. No portion of this award may be used for lobbying or propaganda purposes as prohibited by 18 U.S.C. Section 1913 or Section 607(a) of Public Law 96-74. 1. Recipient agrees to comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, effective December 23, 1989. Recipient further acknowledges that failure to file or amend the disclosure form, if required, shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 2. Recipient also agrees to include in all solicitation documents the following: a. Subrecipients who request or receive, from the grant recipient, an agreement, or subagreement exceeding $100,000, at any tier under a federal grant shall comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, and file an Anti -Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required, to the next tier above. b. Recipient acknowledges that if any expenditure is made as prohibited by the Act, that he shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. U. Press Releases. Recipient agrees that all statements, press releases, requests for proposals, bid solicitations, and other documents describing the program/project for which funds are now being awarded, will include a statement of the percentage of the total cost of the program/project which is financed with Federal money, and the dollar amount of Federal funds for the program/project. Page 12 of 13 V. Recycled Paper. The grantee must use recycled paper consisting of at least fifty percent waste paper, with ten percent or greater being post consumer waste, for all reports which are prepared as a part of this grant award and delivered to the Department of Natural Resources. The grantee must use recycled paper for any materials that it produces and makes available to any and all parties other than the Department of Natural Resources. The chasing arrows symbol representing the recycled content of the paper will be clearly displayed on at least one page of any materials provided to any and all parties other than the Department of Natural Resources. This requirement does not apply to reports which are prepared on forms.supplied by the grantee agency. This requirement applies even if the cost of recycled paper is higher than that of virgin paper. W. Disadvantaged Business Enterprise Utilization. In accordance with federal administrative provisions, special efforts must be made, for those agreements using federal Environmental Protection Agency (EPA) funding, to assure that a Fair Share Objective of 8% be made available to minority, women's and small disadvantaged business enterprise firms, including historically black colleges and universities, when utilizing agreement funds to purchase supplies, equipment, construction and services related to this award agreement. 1. The recipient agrees to take all necessary affirmative steps required to assure that small and minority firms, women's business enterprises and labor surplus area firms are used when possible as sources when procuring supplies, equipment, construction and services related to this award agreement. The recipient agrees to include information about these requirements in solicitation documents. Affirmative steps shall include: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Ensuring that small and minority and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements, when economically feasibly, into small tasks or quantities to permit maximum participation by small and minority and wren's business enterprises; d. Establishing delivery schedules, where the requirements of work will permit which would encourage participation by small and minority and women's business enterprises; ' I , Page 13 of 13 e. Using the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, and; f. Requiring any prime contractor or other recipient, if subagreements are to be let, to take the affirmative steps in subparagraphs a. through e. of this section. 2. The recipient agrees to submit, to the MDNR's project officer, a completed Standard Form 334, MBE/WBE Utilization Report, within 30 days after the end of each federal/state fiscal quarter. X. Disputes. Program staff should attempt to resolve disagreements concerning the administration or performance of the underlying agreement. If an agreement cannot be reached, the cognizant division director will provide a written decision. Such decision of the division director shall be final unless a request for review is submitted to the department director within ten (10) business days after the division director's decision. Such request shall include: (1) a copy of the division director's final decision; (2) a statement of the amount in dispute; (3) a brief description of the issue(s) involved; and (4) a concise statement of the objections to the final. decision. A decision by the department director shall constitute final department action. ATTACHMENT 5 SOUTHEAST MISSOURI SOLID WASTE MANAGEMENT DISTRICT Bidding Policy The Southeast Missouri Solid Waste Management District is not-for-profit in nature, and was created under Section 260.350 of the Revised Statutes of the State of Missouri (RSMo). The Southeast Missouri Solid Waste Management District is a local governmental entity owned and operated by county and municipal government, as prescribed in Section 260.305 RSMo. As such, it is involved in the expenditure of various solid waste funds and revenue collected by the Missouri Department of Natural Resources and redistributed to the Solid Waste Management Districts in the State of Missouri. Accordingly, it is the desire of the Solid Waste Management District membership to maximize the utilization of these funds in the purchasing of equipment and supplies and to seek out the best prices for quality products and equipment in all circumstances. All items with an estimated cost of $0 to $2,999.99 do not require bids. The Grantee shall contact suppliers that can supply the materials or equipment needed and may acquire the needed materials from a company paying attention to the cost factor involved. Equipment to be purchased with an estimated cost of between $3,000 and $24,999.99 requires a summary of three competitive written bids, but the bidding does not have to be advertised for the particular type of equipment that is to be purchased. A copy of the written bidding form is provided with this attachment. The forms indicate the date, the person taking the bids, the companies contacted and their phone numbers, a description of the material being bid, and the bid for the individual companies contacted. Purchases of $25,000 or higher require a minimum of three competitive bids, advertised in at least two daily newspapers. The Grantee shall be charged with the responsibility of selecting the lowest and best price available to them for equipment being funded, in whole or in part, by the Southeast Missouri Solid Waste Management District, with funding provided by either the District itself, or through the Missouri Department of Natural Resources. The Southeast Missouri Solid Waste Management District's policy shall be to accept the lowest and best bid for the equipment being purchased. Considerations that shall enter into the bidding process include quality of product being bid, the time of delivery and supply in order to ensure that the item(s) being purchased will be available in a timely manner to the Grantee, and the service that may need to be purchased on a continuing basis for repair or parts for the equipment, etc. The proximity to the Grantee and the ability to maintain and supply parts and labor for the equipment shall be a consideration. Grantees may purchase unique equipment, which may be manufactured by only one firm, if a particular need is being met within the project, and no other suppliers are Program's officials. Grantees are not bound to take the lowest bid for equipment where purchase of same would cause problems with operational responsibilities or are deemed to be of inferior quality. The Grantee must be in a position to defend the decision to select the higher bid if the higher bid is accepted. Written documentation is required to be prepared at the time of the purchase, and the Solid Waste Management District shall be notified if the Grantee chooses to select a bid other than the lowest bid. Copies of all required bids shall be submitted to the Southeast Missouri Solid Waste Management District at the time that reimbursement is required for the equipment. The Solid Waste Management District reserves the right to modify this policy statement at times where problems arise, and further definition is required. F:Uoan\SWMD\FY 2003 Recycling Grants\Bidding Policy.wpd U C F o F 0 4-1 00 ', U4-4 O O O U � cv�C� Cd �o N M bq p H . 0 0 a a o� w k > z oon z C4 0 a z w W� M a z ca a .A vzA 0 w 0 z a� Cd rr0 �i U a, 0 a 0 9n ra 6; a� Q a) Q a� Q o 4-1 00 ', U4-4 O O � cv�C� Cd N M bq p . 0 0 a� Q a) Q a� Q REIMBURSEMENT PROCEDURES Accounting records must be supported by source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract, and agreement award documents (10 CSR 80-9.050 (4)(11)). ELIGIBLE COSTS In order for costs to be eligible for reimbursement, they must meet the conditions listed below: > Costs must be incurred within the project period. This is the date identified in your financial assistance agreement. > Costs must relate directly to the approved scope of work, budget, and terms of your agreement. Following is an excerpt from the Code of State Regulations (10 CSR 80-9.050, (1)(E) Costs) describing examples of ELIGIBLE and INELIGIBLE costs: ELIGIBLE COSTS A. Collection, processing, manufacturing or hauling equipment; B. Materials and labor for construction of buildings; C. Engineering or consulting fees; D. Salaries directly related to the project; E. Equipment installation costs including installation, freight or preparation of the equipment; F. Development and distribution of informational materials; G. Planning and implementation of education forums including, but not limited to, workshops; H. Travel necessary for project completion; I. Overhead costs directly related to the project J. Laboratory analysis costs. INELIGIBLE COSTS A. Operating expenses, such as salaries and expenses that are not directly related to the project activities; B. Costs incurred before the project start date or after the project end date; C. Taxes; D. Legal costs; E. Contingency funds; and F. Land acquisition.* *10 CSR 80-9.050(1)(E)1, allows land acquisition costs only as match for district grants. BIDDING REQUIREMENTS Recipients of Solid Waste Management Fund financial assistance are required to obtain bids for all purchases according to the schedule defined in the Revised Statutes of Missouri (RSMo) 34.040. THE FOLLOWING IS A SUMMARY ONLY. We recommend that RSMo 34.040 through the Secretary of State's Website be accessed for complete information. To paraphrase this statute: Purchases of $0-2,999.99 DO NOT REQUIRE BIDS Purchases of $3,000.00-24,999.99 REQUIRE A MINIMUM OF THREE (3) COMPETITIVE BIDS, BUT DO NOT HAVE TO BE ADVERTISED. Purchases of $25,000.00 or Higher REQUIRE A MINIMUM OF THREE (3) COMPETITIVE BIDS, ADVERTISED IN AT LEAST TWO DAILY NEWSPAPERS AT LEAST FIVE DAYS BEFORE BID OPENING. ♦ PLEASE NOTE: AT THIS TIME, THE SOLID WASTE MANAGEMENT PROGRAM DOES NOT REQUIRE THE SUBMISSION OF BID DOCUMENTATION. ALL RECIPIENTS MUST ADHERE TO THE REQUIREMENTS LISTED ABOVE, AND DOCUMENTATION MUST REMAIN IN YOUR FILES. Failure to comply with applicable bidding procedures may result in forfeiture of funding. ♦ The Department of Natural Resources (DNR) reserves the right to request additional documentation, or perform an announced or unannounced audit or on-site inspection to verify any aspects of the project, at any time. BLANK FORMS Following are blank forms and completion instructions for each of the identified budget categories, i.e., PERSONNEL, PROFESSIONAL SERVICES, EQUIPMENT, SUPPLIES, TRAVEL, and OTHER. Also attached are blank Quarterly and Final Status Report Forms. For each category, specific instructions are provided which detail the documentation. A typical reimbursement request may'use one or more categories of the Account Sheet depending upon the type of expenses for which you are seeking reimbursement. *All professions and services other than those of physicians, attorneys, and such expert witnesses are subject to the requirements of the purchasing law. PERSONNEL If personnel expenses are claimed for this period, please provide the following: > Personnel Account Sheet > Monthly Employee Time Record (for each employee) *timesheets used by your organization may be substituted if they supply the same information > Cancelled checks (copies of both sides) Examples of eligible personnel expenses: > Employees > Fringe (Maximum allowable fringe for the FY2006 cycle is 37.7 percent.) > In-house training (NOTE: this is not a complete listing; please call if you have questions.) Please make copies of forms as needed. All professions and services other than those of physicians, attorneys, and such expert witnesses are subject to the requirements of the purchasing law. N w W H Z O U U W Z O W a 0 H A O W a H w ti 0 a a H U W ti O �4 w d N O H PROFESSIONAL SERVICES If professional services expenses are claimed for this period, please provide the following: > Professional Services Account Sheet > Invoice(s) or Contract(s) > Cancelled checks (copies of both sides) Examples of eligible professional services expenses: > Consultant (FTE's not on your payroll) > Bulk mailings > Sign making > Photography > Other subcontractors > Slide reproduction (NOTE: this is not a complete listing; please call if you have questions.) Please make copies of forms as needed. EQUIPMENT If equipment expenses are claimed for this period, please provide the following: > Equipment Account Sheet > Invoices or Contract > Cancelled checks (copies of both sides) Examples of eligible equipment expenses: > Computer hardware > Machinery > Vehicles > Copy machines (NOTE: this is not a complete listing; please call if you have questions.) Please make copies of forms as needed. SUPPLIES If supply expenses are claimed for this period, please provide the following: > Supply Account Sheet > Invoice(s) or Contract(s) > Cancelled checks (copies of both sides) Examples of eligible supply expenses: > Office supplies for use in-house (project related) > Computer software > Paper > Pens and pencils > Miscellaneous (NOTE: this is not a complete listing; please call if you have questions.) Please make copies of forms as needed. m C w a z A d F O TRAVEL If travel expenses are claimed for this period, please provide the following: > Travel Account Sheet > Mileage Record (for each employee) *mileage logs used by your organization may be substituted if they supply the same information as shown in our example > Invoices or contract (if applicable for meals/lodging) > Cancelled checks (copies of both sides) Examples of eligible travel expenses: ➢ Mileage (Maximum allowable mileage cost for the FY2006 cycle is $0.375 mile). -€,Y-2007 cycle is $0.415 per mile > Lodging (beginning July1,2006) > Meals (NOTE: this is not a complete listing; please call if you have questions.) Please make copies of forms as needed. a w F V C w x z A b a d F O MILEAGE RECORD Employee Project # Date of To/From/Purpose Total Travel Miles subtotal miles subtotal miles X /mile= $ Employee Signature: Supervisor Signature 4$ .• OTHER If other expenses are claimed for this period, please provide the following: > Other Account Sheet > Invoice(s) or Contract(s) > Cancelled checks (copies of both sides) Examples of eligible other expenses: > Overhead (rent, utilities) > Postage > Buildings > Indirect (Maximum allowable indirect is 19.34 percent for the FY2006 cycle. Indirect is calculated on the sum of wages, fringe, and supplies). (NOTE: this is not a complete listing; please call if you have questions.) Please make copies of forms as needed. H w w E""'� U U w H O E�+ O W a H U ti �+ W q z H U W ti C a a d H O ATTACHMENT 'T Q Missouri Department of Natural Resources Grants S� I Identifying the Department in Grant Projects for Public Distribution Recipients of grant funds from the Missouri Department of Natural Resources should identify the department as a funding source on all grant projects for public distribution. On most projects, identification should include the departments logo with the full -department name. This applies to publications, news releases, videos, displays and all other projects from which information may be obtained by reading, watching, or simply seeing the material. Camera-ready copies of the logo may be obtained by calling the Department of Natural Resources at (573) 751-4465 For other projects, such audio cassette tapes and news releases, the department should be identified audibly by including its full name. See the following guidelines for specific directions. Logo Usage Logo: The Missouri Department of Natural Resources logo includes the full name of the department and the quadrangular graphic. The name should be placed below or to the right of the graphic. See examples below. Missouri Department of Natural Resources a= Missouri Department of Q = Missouri Department of ® Natural Resources Q Missouri Department of Natural Resources Natural Resources Placement: The logo should be readily visible, either on the front or back cover of publications with separate covers. On folded publications. the logo should be visible on the back outer panel. The logo should be aired at the end of video tapes long enough for easy visibility by viewers. Size: Type size for the text of the logo in publications should be no smaller than 10 points. The logo art should be in proportion to the type size, as shown in examples above. When other sources of funding also are identified, the Missouri Department of Natural Resources logo shall be no smaller than the type size of other funding sources listed. The logo should be aired at the end of video tapes large enough for easy visibility by viewers. Additional When space allows, the following verbiage should precede the pogo. "This project was Credit: funded by the.. " Note: When only a portion of the project is funded by department grant funds, "funded" may be replaced with "funded in part." Audible Identification of the Department Name: The department should be identified as follows: The Missouri Department of Natural Resources Credit: The following verbiage should be announced at the beginning and end of the project: "This project was funded by the Missouri Department of Natural Resources." Note: When only a portion of the project is funded by department grant funds, "funded" may be replaced with "funded in part." Attachnent 8 EXECUTIVE SUMMARY The City of Cape Girardeau is seeking an award of grant monies from the Solid Waste Management District for a one day household hazardous waste collection event. The objective is to collect and properly recycle or dispose of household hazardous waste which if not collected, and properly disposed of, could be placed in the landfill or illegally dumped. The City of Cape Girardeau began holding Household Hazardous Waste Collection events in 1998 and continued through 2004. Because of budget restraints the City is no longer able to sponsor this event without additional financial assistant. The last Household Collection Day, funded through a matching grant from the Southeast Missouri Solid Waste Management District, was conducted October 16, 2004 and 14,935 pounds of materials were collected. Since it will have been two years since the last collection, the City expects to have greater participation and more household hazardous waste materials collected. k Attachment 9 Time Line Graph Project Elapsed Time (in months) Task 1: Meet with the Solid Waste Division to confer on the specifications of the collection. Task2: Solicit competitive bids for the collection through the City's formal bid process. Task 3: Review Bids. Task4: Award Contract. Task 5: Meet with vendor and Solid Waste Division to review collection plan. Task 6: Review collection day activities for possible future improvements. Task 7: Progress reports and evaluation from Project Manager.