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HomeMy WebLinkAboutScrap Tire Enforcement and Education Grant Augusta Richmond GA DOCUMENT NAME: ~~ap ~\'(e5\r'b,(c-exY\en+ ~ @..utUtKY, uf()JYli- DOCUMENTTYPE:~~e~~ YEAR: ~q BOX NUMBER: (J~ FILE NUMBER: \l\~~~ NUMBER OF PAGES: & r l' 'f I .. '(!, f l' 1j: Georgia Department of Natural Resources Environmental Protection Division Planning & Administrative Support Program 4244 International Parkway, Suite 104, Atlanta, Georgia 30354 Lonice C, Barrett, Commissioner Harold F. Reheis. Director (404)363-7026 I f. ':\ --:: August 9, 1999 ./ Robert H. Sherman, III, Director Augusta-Richmond License and Inspection Department 1815.Marvin Griffm Road P.O. Box 6399 Augusta, Georgia 30906 RE: 1999 Scrap Tire Enforcement and Education Grant Dear Mr. Sherman: Enclosed is the fully executed Agreement between EPD and Augusta-Richmond County for continuation of scrap tire and solid waste enforcement programs. We will periodically review the County's progress pertaining to the terms of the Agreement, and will be available for technical assistance as needed. Our Scrap Tire Management Unit enforcement officer, Barden Cannamela, will be available for enforcement questions and assistance. You may contact him at (706)369-6376. Also attached is the Scrap Tire Enforcement Quarterly Report form for your local enforcement officer to remit every three months to summarize activities of the quarter. To request reimbursement, pay special attention to the terms of the Agreement, and submit your request with all support documentation to Kristi Campbell at the above address. We have enclosed a request for reimbursement form for your use. You may want to make multiple copies for future needs. Thank you again for your interest in our grant program. We look forward to working with you. If you have any questions about the terms of the Agreement, please contact Kristi Campbell at (404) 362- 2587. Sincerely, /n{;~~ Mark Smith, Chief Land Protection Branch Enclosures KOC (mj),aug-rich.exe (738-090018) cc: Barden Cannamela (with copy of Agreement) Armando Totka r 7' 'i -!"~ f' l' i , AGREEMENT '),% ' - This Agreement made and entered into this ~ day of , 1999, by and between the Georgia Department of Natural Resources, Environmental Protection Di 'sion (hereinafter, "EPD"), and the Augusta/Richmond County Board of Commissioners (hereinafter, '''GRANTEE''). I. RECITALS WHEREAS, the State of Georgia is interested in the promotion of the health and welfare of its citizens; and WHEREAS, cooperative efforts of the state and local governments are beneficial to the citizens of Georgia; WHEREAS, Section 12-8-37.1. of a.e.G.A. provides that EPD may grant and administer funds for the purpose specified therein; and WHEREAS, certain funds were appropriated by the General Assembly for the purposes set forth herein; and WHEREAS, GRANTEE warrants that ithas the authority to expend monies for the purposes set forth herein; and WHEREAS, GRANTEE, in a duly held meeting, adopted a resolution, which is attached hereto and incorporated by reference, approving this Agreement and authorizing the acceptance hereof: NOW, THEREFORE, in consideration of the mutual promises and other good and valuable consideration set forth below (the receipt and sufficiency of which is acknowledged by the respective parties), the parties hereby agree as follows: II. TERMS AND CONDITIONS A. TERM The initial term of this Agreement shall commence upon execution by all parties hereto, and shall thereafter continue for a period of two (2) years. This Agreement may be renewed for one (1) additional periods of one (1) year upon written mutual consent of the parties. Each respective renewal shall be upon the same terms and conditions, and shall be effected at least thirty (30) days prior to expiration of the initial or then current term of this Agreement. 1 t 'f " " ' i' T I' B. SCOPE Subject to the terms and. conditions hereinafter set out, EPD hereby agrees to reimburse GRANTEE up to a total of $29,325.00 over the course of this Agreement (inclusive of the initial term and all renewal periods). Specifically, EPD agrees to reimburse GRANTEE for those sums hereinafter expended for the purposes and uses set forth and described in GRANTEE'S application attached hereto as Exhibit "A" and incorporated herein and made a part hereof. Enforcement programs must also comply with the "Expectations of Local Code Enforcement Officers" attached hereto as Exhibit "B", and education progra~,?lUst comply with the "Expectations of Local Education Programs" attached hereto as Exhibit "C". BOtfrexhibits are incorporated herein and made a part hereoffand (hereinafter, the items in Exhibit "A", Exhibit "B", and Exhibit "C" will be referred to as "Allowable Purposes"). C. PAYMENT (1) A request for reimbursement of expenditures for Allowable Purposes (hereinafter, "Request for Reimbursement") shall be submitted to EPD on forms designated by EPD. Requests for Reimbursement may be submitted as and when respective tasks are completed in connection with the Allowable Purposes by GRANTEE provided, however, rio more than a total of two (2) Request for Reimbursement shall be submitted by GRANTEE to EPD within any given thirty (30) day period. Requests for Reimbursement shall be submitted to the following person at EPD: Kristi Campbell, Trust Fund Coordinator, 4244 International Parkway, Suite 104, Atlanta, Ga. 30354. (2) Before a Request for Reimbursement will be considered by EPD. the respective tasks for which reimbursement is sought must first have been completed by GRANTEE. (3) Upon receipt of all required documentation. EPD will conduct its review of the Request for Reimbursement, and, thereafter, provide written notification to GRANTEE as to which portion of the requested funds will be reimbursed to GRANTEE (hereinafter, "the Reimbursed Costs"). Except as may otherwise be provided herein, payment of the Reimbursed Costs shall be made within thirty (30) days of EPD's written notification to GRANTEE of its approval thereof. In no event shall GRANTEE be entitled to receive more than a total of $29,325.00 pursuant to this Agreement. (4) First time GRANTEES will receive 100% reimbursement for their expenses for Allowable Purposes. Previous GRANTEES will receive 75% reimbursement for their expenses for Allowable Purposes. (5)The following person(s) are hereby designated as being authorized to receive payment of the Reimbursed Costs on behalf GRANTEE: NAME: Robert H. Shennan, III TITLE: Director, License & Inspection Unit, ADDRESS' 1815 Marvin Griffin Road, P. O. Box 6399 . Augusta, GA 30906 TELEPHONE #:( 706) 796-5050 F ~'{#: ( 706) 796-5037 The above person(s) may be substituted or changed by GRANTEE upon written notice to EPD pursuant to paragraph M below. 2 7 " . , T' '," -, D. USE OF FUNDS The Reimbursed Costs must have been used only for the Allowable Purposes designated herein and for no other purpose. In the event EPD determines that the Reimbursed Costs (or portion thereof) have been utilized for any non-Allowable Purpose, EPD shall, in addition to any other remedies available to it, be entitled to treat such unauthorized use of the Reimbursed Costs as a material default by GRANTEE pursuant to the provisions of Paragraph..J(1) below. I<. E. BUDGET CHANGES The GRANTEE must request approval for any and all budget changes. A reallocation of funds may be requested by submitting a budget revision in the same format used in the original application. The request shall be accompanied by a narrative justification for the proposed reallocation. Approval will not be given to those requests for reallocation which do not support the goals and objectives of the grant program. F. ACCOUNTING RECORDS/RIGHT TO INSPECT (1) Accountin~ System/Records Retention Requirements GRANTEE agrees to maintain an accounting system which meets the requirements of the Government Accounting Standards Board (hereinafter "GASB"). The accounting system shall maintain books, records, documents, and other evidence which pertain to and sufficiently support (in accordance with GASB) the Reimbursed Costs provided to GRANTEE pursuant to this Agreement (hereinafter collectively, "The Records"). Accounting procedures, policies, and The Records shall be completely open to State audit at any time during and for a period of five (5) years from the date of payment of the Reimbursed Costs, and GRANTEE shall preserve and make available such accounting procedures, policies and The Records during such time period. GRANTEE may, with the prior written consent of EPD, and in fulfillment of its obligation to retain The Records as required by this paragraph, substitute photographs, microphotographs or other authentic reproductions of The Records, after the expiration of two (2) years following the date of payment of the respective Reimbursed Costs to which such Records relate, unless a shorter period is authorized by EPD with the concurrence of the State Auditor or his duly authorized representative. Permission to substitute The Records as provided herein shall be within the sole discretion of EPD. (2) Audit Requirements The State standards for audits of contractors, and programs conducted under this Agreement are applicable to this section and are incorporated by reference as though fully set out herein. G. RIGHT TO INSPECT WORK EPD, the State Auditor of Georgia, or their authorized representatives shall, during normal business hours, have the right to enter into the premises of GRANTEE and/or all subcontractors, or such other places where the work for which the Reimbursed Costs are provided herein has been performed, for the purpose of inspecting, monitoring, or otherwise evaluating such work. 3 i' l' " I ,. 7 r .. H. PERIODIC REPORTS At least once every three (3) months throughout the course of this Agreement (inclusive of the initial term and all renewal periods), GRANTEE shall submit a written report to EPD. The written report shall include any information with respect to tlle Reimbursed Costs and activities related to the Allowable Purposes under the Agreement. I. RELATIONSHIP OF THE PARTIES Neither GRANTEE nor any of its respective agents, servants, employees or subcontractors shall become or be deemed to become an agent, servant or employee of EPD as a result of this Agreement. Provided further, this Agreement shall not be construed so as to create a partnership or joint venture between GRANTEE and EPD. J. TRADING WITH STATE EMPLOYEES The parties certify that this Agreement does not and will not violate the provisions ofO.C.G.A. ~ 45-10- 20 ~ in any respect. K. TERMINATION This Agreement may be terminated by EPD for any or all of the following reasons: for any default by GRANTEE; for the convenience of EPD; and in the event sufficient funds no longer exist for the payment of EPD's obligations hereunder. Each of these is described in the following paragraphs. (1) Termination for Default The failure of GRANTEE to comply with any term, condition, or provision of this Agreement shall, at the option of EPD, constitute a default by GRANTEE. In the event of default, EPD shall notify GRANTEE in writing by hand-delivery or by certified or registered mail, return receipt requested, of the specific act or omission of GRANTEE which constitutes default. GRANTEE shall have fifteen (15) days from the date of receipt of such notification to cure such default.; provided, however, if, in the sole discretion of EPD. GRANTEE'S default poses an imminent danger to the safety and health of the general public, EPD may require in the written notification that GRANTEE cure the default within a time period less than fifteen (15) days. In the event of d~fault, and during the above specified grace period, performance under the Agreement shall continue as though the default had never occurred. In the event the default is not cured in fifteen (15) days (or within such other time period as required by EPD in the written notification of default to GRANTEE), EPD may, at its sole option, terminate this Agreement for default. Such termination shall be accomplished by written notice of termination forwarded to GRANTEE by certified or registered mail and shall be effective atthe close of business on the date specified in the notice. Upon effective termination of this Agreement as provided herein, GRANTEE shall not be entitled to any further payments pursuant to this Agreement (regardless of whether such payments may have previously been approved by EPD), and shall immediately return to EPD all Reimbursed Costs (or, in the case of a default due to use of the Reimbursed Costs for non-Allowable Purposes as described in Paragraph D above, such portion of the Reimbursed Costs as was used for the non-Allowable purposes) previously paid to 4 i' 'j' l' j' r' GRANTEE. The remedies provided EPD, herein shall be in addition to and not in lieu of any other remedies that EPD may have by reason of GRANTEE'S breach of this Agreement. (2) Termination for Convenience EPD may terminate this Agreementin whole or in part whenever, for any reason, EPD shall determine that such termination is in the best interest of the State of Georgia. In the event that EPD elects to terminate the Agreement pursuant to this provision, it shall so notify GRANTEE by certified or registered mail, return receipt requested. The termination shall be effective as of the date specified in the notice. Upon effective termination of this Agreement as provided herein, GRANTEE shall not be entitled to any further payments pursuant to this Agreement (regardless of whether such payments may have previously been approved by EPD) (3) Termination for Unavailability of Funds Notwithstanding any other provision of this Agreement, the parties hereto agree that the charges hereunder are payab Ie by EPD from the Solid Waste Trust Fund. In the event that the source of payment for the total obligation no longer exists or is insufficient with respect to the matters addressed herein, in the sole discretion of EPD and of the State, then this Agreement as to all such matters or, as the case may be, as to any of the matters addressed under this Agreement, shall terminate without further obligation of EPD and the State as of that moment. The certification of EPD and the State of the events stated above shall be conclusive. Should funding cease or otherwise become unavailable, this Agreement will immediately' become null and void. Upon effective termination of this Agreement as provided herein, GRANTEE shall not be entitled to any further payments pursuant to this Agreement (regardless of whether such payments may have previously been approved by EPD.) L. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Georgia. M. FORCE MAJEURE The parties hereto shall not be responsible for any failure or delay in the performance of any obligations hereunder caused by acts of God, flood, fIre, war or public enemy. N. NOTICES All notices under this Agreement shall be deemed duly given: Upon delivery, if delivered by hand (against receipt); or three days after posting, if sent by Registered or Certified Mail, Return Receipt Requested; to a party hereto atthe address set forth below or to such other address as a party may designate by notice pursuant hereto. GRANTEE: Name: Robert H. Sherman, III Title: Director, License, and Inspection Deparbnent Mailing Address: 1815 Marvin Griffin Rd., P. O. Box 6399 Augusta, GA 30906 5 i' ~. " Telephone#: (706) 796-5050 Facsimile#: (706) 796-5037 EPD: Name: Kristi O. Campbell Title: Trust Fund Coordinator Mailing Address: 4244 International Parkway, Suite 104 Atlanta, Ga 30354 Telephone #: (404) 362-2587 Facsimile#: (404) 362-2693 O. WAIVER The waiver by EPD of any breach of any provision contained in this Agreement shall not be deemed to be a waiver of such provision on any subsequent breach of the same or any other provision contained in this Agreement. No such waiver or waivers shall serve to establish a course of performance between the parties contradictory to the terms 4ereof. ' P. AUTHORITY/OPEN MEETINGS GRANTEE warrants that it has full power and authority to enter into and perform this Agreement, and that the person signing on behalf of GRANTEE has been properly authorized and empowered to enter into this Agreement. GRANTEE certifies that in approving this Agreement that it has complied with the requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated regarding open meetings. G~E further acknowledges that it has read this Agreement, understands it and agrees to be bound by it. Q. SEVERABILITY Ifany term or provision of this Agreement shall be found to be illegal or unenforceable then, notwithstanding, this Agreement shall remain in full force and effect and such term or provision shall be deemed stricken herefrom. R. HEADINGS The paragraph headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. S. AMENDMENTS IN WRITING No amendment to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. 6 T. ASSIGNMENT GRANTEE shall not assign its right to receive Reimbl1rsed Costs, or any obligations required of it pursuant to this Agreement without the express written consent of EPD. U. HOLD HARMLESS OBLIGATIONS (a) GRANfEE shall hold EPD, its agents and employees, harmless from any and all claims resulting from or arising out of the grant, including, without limitation, damage claims for injury to persons or property. In the event a lawsuit is filed against EPD for the State of Georgia in connection with the Agreement, GRANTEE shall, at its own expense, be entitled to and shall have the duty to participate in the defense of the lawsuit if EPD gives GR..:\NTEE immediate notice in writing of the institution of such suit, permits GRANTEE to fully participate in the defense of the suit, and gives GRANTEE all available information, assistance and authority or enable GRANTEE to do so. No settlement or compromise of any claim, loss or damage asserted against EPD or the State shall be binding upon EPD or the State unless expressly approved in writing by EPD and the State. (b) GRANTEE has submitted an application for the funds herein, and expressly acknowledges that EPD, its agents and employees, in passing through such funds, has neither assumed nor undertaken any legal duties to GRANTEE or others. GRANTEE agrees to make no claims or demands against EPD, its agents or employees, for any damages that may result from or arise out of the disbursement of the funds hereunder, even if such claims or demands are made against GRANTEE. V. CONFLICTS OF INTEREST GRANfEE hereby attests that all of the officials of GRANTEE have certified that they have not violated any applicable conflict of interest law under either state law (O.C.G.A. SS 45-10-20-45-10-28 and 36-67 A- 1-36-67A-4) or under any local ordinance, charter, rule, orregulation and that they sha,l1 comply with same throughout the term of this Agreement. W. COPYRIGHT No report. surveys, or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of GRANTEE. X. DRUG-FREE WORKPLACE GRANTEE hereby certifies that: (1) A drug-free workplace will be provided for GRANTEE'S employees during the performance of this Agreement~ and (2) It will secure from any subcontractor hired to work in a drug-free workplace the following written certification: "As part of the subcontracting agreement with (Contractor's Name), (Subcontractor's Name) 7 i' certifies to the Contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this Agreement pursuant to paragraph 7 of subsection B of Code Section 50-24- 3." Y. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. GEORGIA DEPARTMENT OF NATURAL RESOURCES, ENVIRONMENTAL PROTECTION DIVISION ("EPD") ~.{~ Harold F. Reheis, Director Public (;\..~1'Lj Notary Public, Fulton County, Georgia My Comm, Expires Nov. 24, 2001 T AfRICHMOND COUNTY OF COMMISSIONERS ("GRANTEE") ~A/ Tide: LC Kristlclcont:roct.revi!ion ;;:; -=5 ~ 8 'I' RESOLUTION WHEREAS, the Board of Commissioners of AugustalRichmond County has applied to the Environmental Protection Division of the Department of Natural Resources for a grant of financial assistance programs; and WHEREAS, such programs are necessary to provide adequately for the public health and welfare; IT IS HEREBY RESOLVED by the Board of Commissioners that the proposed Agreement for this STATE GRANT be and the same is hereby approved and the Chairman is herewith authorized to execute, on behalf of AugustaJRichmond County and.the Board of Commissioners, referenced Agreement and any other related documents or papers necessary to obtain the grant as vided therein. This J (P day of ~~ ,1999 ATTEST: ~f:)I~ (Seal) 7Yn~ Confuussioner ~-).~ Commissioner FEDERAL ID# 5 g - ~:< ~Y&71 . Commissioner ( I..anddocsIKri.ticlcootntctlreso !utioa iYf,/ q~ -' ~~ 9 CERTIFICA nON I do hereby certify that the above is a true and correct copy of the Resolution duly adopted by Augusta/Richmond County on the date so stated in said Resolution. I further certify that I am the County Clerk and that said ~olution has been dUI~ed in the official records of said County and remains in full force an~ffe~ this A Ice day of ,1999. · 'dtJ; /' LanddocsIKristiclcontJ"8Ct/ccnificalion ~ ~ vuN(~ . ~/ 10 (~A'l i Vi! I f j:.J.' "'--IV I' \ - -.---- - - _...'..'....,11 Scrap Tire Grant Program Application SECTrOI~ A 1. l"iar'"-e. c~wr:t'f. ar.d accress of A~9Ijcar:t ("See Ir:str..;c~iens cn Back): AUGUSTA -RICHMOND COUNTY GOVERNMENT, 530 GREENE ST., AUGUSTA, GA 30901 2. Ccr:tact Perscn: MR. ARMANOO TOTKA 3. Te!e~hor.e: (706) 796-5050 Fax: (06) 796-1)017 4, A;:plicaticn ~reparec by (Name/Ort;ar.izacion/NI.;mber): AJT(:TT~TA -RTr1-TM()1\Il) r()JThITV LICENSE and INSPECTION DEPARTMENT, P.O. BOX 6399. AUGUSTA, GA 30906 5. Ir.cicate :"':e ~~e of t;rant reCjuestec: E:~fcrce~e::t G E-:ucaticn o 6. Project aesc~~ticn (Desc:-ibe the ~rojec: in :Wo cr tnree sentences,) * 7~ ~~~~t ~1~~fc~~~Je~r$g~~l1~~e~=~~~ $30,075 8. A,~cl..mtof :-:t...:catien Fwr:cs ReCjwestec: 9. Tctal A~cL:r:c of ReCjuestec for 7 & 8: 10, ;',~CL:...:t ,="'c'Iicec LCC:3lly: Cash SlO,025 11. Frejec: CJS,: $40 ,1m 12. Tc:ai ;",7:Cl.:r.t of Grar.e F!..:r.c:s ,~eqr..:es,ea: <;10 07C; , 1 J, Ex.:ec:ed .=rcjec: :e;ir.nir:t; Dace:_1Q99 S:~ec:ec Project Completicn Dace: 2000 SECil0N 8 ~ ~ C ~~ffic3 ~fo n: i. ~r:~ ~ncersi~.~ec a~t~cr:4=d i:~:"=sa::tacive of .:he a~.=!ic3lit. car:ify :,~ac :0 ~l'ie =es~ .0': !""-j :<:r:cwia-::;= :~e ir.fcr~aeicr. :Ii :.'~e a:,:!ica~fcr1 :s :it:e ane c::r.sc:. :j~e cec:.:!""-em ,':as :een c:.;ly a'_:~cr::=c ::1 :t:e ;:'/er~ir:r; :eci' of :~e a:clicar.:. arc. if ~r.cec. :he ac:iicar.c '.vill c;:,r:"'j ewt :r.e ;r:jec: ac::w:es :n :te ,~anne!" cescrioed In :1':;S a:.:iiea~icn. f f;.,;r:.~e!" ca::if'/ ,:-:at :,'ie acclicar.c s,~all "-::;:,i'::ain ac::::t..;;::!r.~ '-ec::rcs in ac::::r:arce '.vie:": ;enerally ac::e~:ec 'ic'/er.:r7':e!':taJ ac::::wr.r:::9 .:."r:c:::es a,..~c ::-:a~ ::-:e ft...:::cs awarcec ',vill :e :r.:::.;ced in these a!..:cits cr ~;;ar.eial s:a:err:e:.cs II';at C""/cr ::;' ~. --,- ..," ....~ -r-i"'........, ..;:I,'....... -cr'cc' -......=,.. "'c. ove 15. N~'" -"'-..... .--" '-'-- - . 1/R/Q9' C :-:-:c:al ~I~::ae!..:re Date I'Jc,~e(,:laase ,crt,,:) ROBERT H. SHERMAN III T::!e nTl~"rTOR r.rrFN~F. ~ TN~P"rTTON nF.P'T , 17. E?IJ Use Only Cate Received: l\lall: 0 Har.c 0 ;199rovec: 0 Grant Nt..;r.:ter: Denied: 0 16, Mail::-:ea;;:iicaticn.ir.c:r..:cing .-equired ar:ac:-:~enes :0: Gecrr;ia ::w;ror.r.:entaJ Protec:icn Division A TiN: Scrap Tire ?rct;ram ~2~~ !ncer:':atiorral ?arkway, Suite 104 A:!ama. Gecrt;ia J03~ ;1cclica~t COr:':oliance: SOlid W as~e Pfan 0 Net Applicable 0 Solid Waste Rules 0 . Sec::on 391-3-U9 prease see instruc:ions on the back of this form. * *6. AUGUSTA LICENSE and INSPECTION DEPARTMENT WILL ENFORCE VIOLATIONS OF ILLEGAL SCRAP TIRE DUMPING AND SOLID WASTE. Augusta/Richmond County Enforcement Grant Budget 2nd Year Enforcement Cost 75% Award Personnel $ 34,600.00 $ 25,950.00 Gas/Fuel/Maintenance $ 1,000.00 $ 750.00 Office Supplies $ 1,000.00 $ 750.00 Field Supplies $ 1,500.00 $ 1,125.00 Training/Travel $ 1,000.00 $ 750.00 Total Enforcement $ 39,100.00 $ 29,325.00 r---- " .,----,. , AUGUSTA LICENSE & INSPECTION DEPARTMENT ROBERT H. SHERMAN. III OIRECTOR '815 MARVIN GRIFFIN RD P,O. 80X 6399 AUGUSTA. GEORGIA' 30906 (7061796.5050 FA)( 796-5037 BUIUlING PERMITS: 796-5050 BUSINESS UCENSE: 796-5053 ALCOHOL UCENSE: 796.5033 cooe ENFORCEMENT: 796.5049 TO: DEPARTMENT OF NATURAL RESOURCES GA ENVIRONMENTAL PROTECTION DIVISION ATTN: KJUSTrCAl~PBELL FROM: AUGUSTA-RICHMOND COUNTY LICENSE & INSPECTION DEPARTMENT ARlY1ANDOTOTKA AUGUSTA-RICHMOND COUNTY APPLICA TrON ATTACHMENT -A Augusta- Richmond County Board of Commissioners welcomes the opportunity to apply once again for the Scrap Tire Enforcement Grant. Augusta- Richmond County Government has been geared toward enforcing the clean-up of scr'ap tire piles and other solid wastes in the Augusta- Richmond County area. By attaining this grant we will be able to continue our enforcement of illegal scrap tire and solid waste dumping. Augusta- Richmond County is interested in continuing its scrap tire enforcement. Augusta is the second largest city in the state and there are about 150 scrap tire generators within our jurisdiction. The second year code enforcement grant would be utilized for maintaining the salary & wages of the code enforcement officer as well as operating costs, supplies, and training. The code enforcement officer has been inspecting scrap tire sites, as well as routinely inspect scrap tire generators to see if there are any state and local laws that are violated. The officer has been issuing a quarterly report of existing scrap tire sites and other sol~d waste violations to Georgia EPD. In 1997, through the scrap tire program grant, . Augusta-Richmond County was successful in properly disposing 675 tons of scrap tires. In 1998 we were successful in properly enforcing scrap tire dumping. We are in the process of developing ordinances that will enable us to be specific about the type of violations that are discovered. Augusta-Richmond County is in compliance with Georgia Solid Waste Act and Rules. Augusta-Richmond County has been complying with the "Expectations of Local Code Enforcement Officers". If there are any questions please contact Armando Totka, Auditor at (706) 796-5177 Exhibit B Expectations of Local Code Enforcement Officers The scrap tire and solid waste enforcement officer's primary responsibilities are to: 1. Obtain enforcement training from EPD staff within the fIrst four weeks of hiring. 2. Develop and implement, preferably in the county and its cities, a state approved local solid waste regulatory ordinance including tire regulations within the fIrst three months of receipt of the contract. 3. Develop and implement a state approved solid waste management program that is consistent with the Local Solid Waste Mangement Plan. 4. Keep accurate and complete support documentation of day to day activities, including hours worked, cases, inspections, etc... 5. Inventory and assess the number of scrap tire piles located within the regulatory boundary. a. Issue citations or notices of violation for dumpers or property owners b. Notify EPD of dumps which are not cleaned up 6. Inspect scrap tire generating facilities: a. Do they have a State issued identifIcation number? b. Are they using permitted scrap tire carriers? c. Are they keeping accurate manifests of tires removed? d. Are the scrap tires being transported only to approved handling facilities? e. Is the number of scrap tires on site within the allowable storage limits? 7. Inspect scrap tire carriers: a. Do they have a State issued Carrier Permit? b. Are they keeping accurate manifests of tires transported? c. Are they transporting scrap tires only to approved facilities? d. Is the number of scrap tires on site within the allowable storage limits? 8. Inspect scrap tire sorters: a. Do they have a State issued identification number? b. Do they have a State issued Carrier Permit? c. Are they properly manifesting the disposition from the generator to the sorting operation? After sorting the tires, are they properly re-manifesting the disposition of the tires from the sorting operation to the State approved end user or processor? d. Is the number of scrap tires on site within the allowable storage limits? e. Are they processing 75% of tires received during the quarter? f. Are they in compliance with all other requirements of processing facilities? 9. Communicate and coordinate with the entity responsible for education to help ensure that effective methods are being used to convey to citizens, school children, industry, and other local government departments the importance of proper solid waste management and the consequences of noncompliance with state and local scrap tire/solid waste ordinances. 10. Submit a report of the above listed activities to EPD on a quarterly basis. 11 Exhibit.C Expectations of Local Education Prowams The educational component funded by this grant is required to: 1. Promote tire recycling and reuse. 2. Promote cititzen involvement in tire abatement programs (if scrap tire cleanup grants are awarded) 3. Educate tire dealers in the requirements of the Scrap Tire Management Program. 4. Promote solid waste management, waste reduction and recycling 5. Communicate and coordinate efforts, where possible, with the entity responsible for enforcement to help ensure that effective methods are being used to convey to citizens, school children, industry, and other local government departments the importance of proper solid waste management and the consequences of noncompliance with state and local scrap tire/solid waste ordinances. 6. Submit a report of activities to EPD on a quarterly basis. 12 GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONMENTAL PROTECTION DIVISION Scrap Tire Enforcement Grant Reimbursement Request Form Grantee: Augusta/Richmond County Dates From: To: (Day - Month - Year) (Day - ;-'Ionth - Year) I Enforc~ment Funds Requested: 111100% Cost 11175% Reimbursement I Personnel $ $ GaslFueVMaintenance $ $ Office Supplies $ $ Field Supplies $ $ Travel/Training $ $ TOTAL REIMBURSEMENT REQUESTED $ $ Please attach all invoices to the back of this form Form and Invoices should be mailed to: Environmental Protection Division Scrap Tire Program 4244 International Parkway, Suite 104 Atlanta, Georgia 30354 Send This form to: Environmental Protection Division PlannirJg and Administrative Support Program 4244 International Blvd., Suite'104 Atlanta, Georgia 30354 . . GEORGIA DEPARTMENT OF NATURAL RESOURCES ENVIRONNIENT AL PROTECTION DIVISION Scrap Tire Enforcement Grant Quarterly Report I City/County Year Reportmg Penod 1. DATE SCRAP TIRE AND SOLID WASTE ORDINANCE ADOPTEDIREVISED 2. GENERATORS o Inspections/Audits o Citations 3. CARRIERS o Inspections/Audits o Citations 4. PROCESSORS o Inspections/Audits o Citations 5. COMPLAINTS o Citations 6. DUMPING INVESTIGATIONS 7. DUMPS CLEANED UP 8. NUMBER OF TIRES CLEANED UP 9. OTHER ACTIVITIES 10. COMMENTS I hereby certify that this report has been examined by me and is, to the best of my knowledge and belief, a true and complete report for the period stated. Signature Dale Printffvoe Name TIlle SWM-FM Scrap Tire Enforcement Grant Report 7/31/98 ST-17 7IJ 1/98 ------:--~~-~~.__...._-"--_c;:~____~_....;;;;:;;;;;;;;...;:;;.......;._..~~_._...;..;,u;;;.....;;.;;..----_-._:__~~~--.... - .-------------- ------ ------.--- , rgia Department of Natural Resources Environmental Protection DIvision Planning & Administrative Support Program 4244 International Parkway, Suite 104, Atlanta, Georgia 30354 Lonice C, Barrett, Commissioner Harold F. Reheis, Director (404)363-7026 May 21,1999 Honorable Bob Young, Chairman Augusta-Richmond County Board of Commissioners 530 Greene Street 605 City/County Building Augusta, Georgia 30911 ,"u. ~'~::,~~....., _', ":~: ~"~;' ~~~~ ' '. ' . j . , '! i '/ ~. " "\ .:...~,'i.:.;;, SUBJECT: Scrap Tire and Solid Waste Enforcement and Education Grant Dear Commissioner Young: The Environmental Protection Division has completed evaluating your Scrap Tire EnforcemenUEducation Grant Program application. Weare pleased to offer you a grant for enforcement and/or education efforts described in your application. Please note that the amount offered may be different from the requested amount. Enclosed are three copies ofthe proposed Agreement. Please sign two (2) of the copies and return them to Kristi Campbell at the address above. The third copy is for your files. We will send you a copy of the fully executed Agreement once it has been signed by our Director. We look forward to working with you. If you need additional information, please contact Mrs. Campbell at (404) 362-2587. Sincerely, /'Y&.-/ /~~. Mark O. Smith, Chief Land Protection Branch cc: Harold F. Reheis Region EPD office file ',," -' ". .. AGREEMENT This Agreement m~d~ and entered into this' /~ day of, ~fJl42tj ,1999, by and between the Georgia Department of Natural Resources, Environmental Protection Division (hereinafter, "EPD"), and the AugustalRichmond County Board of Commissioners (hereinafter, "GRANTEE"). I. RECITALS WHEREAS, the State of Georgia is interested in the promotion of the health and welfare of its citizens; and WHEREAS, cooperative efforts of the state and local governments are beneficial to the citizens of Georgia; WHEREAS, Section 12-8-37.1. of a.e.G.A. provides that EPD may grant and administer funds for the purpose specified therein; and WHEREAS, certain funds were appropriated by the General Assembly for the purposes set forth herein; and WHEREAS, GRANTEE warrants that it has the authority to expend monies for the purposes set forth herein; and WHEREAS, GRANTEE, in a duly held meeting, adopted a resolution, which is attached hereto and incorporated by reference, approving this Agreement and authorizing the acceptance hereof: NOW, THEREFORE, in consideration of the mutual promises and other good and valuable consideration set forth below (the receipt and sufficiency of which is acknowledged by the respective parties), the parties hereby agree as follows: II. TERMS AND CONDITIONS A. TERM"., , I The initial term of this Agreement shall comnience upon execution by all parties hereto, and shall thereafter, continue for a period of two (2) years. This Agreement may be renewed for one (1) additional period~ of one (1).yearupon' written mutual consent of the parties. Each respective renewal shall be upon the same terms and conditions, and shall be effected at least thirty (30) days prior to expiration of the initial or then current term of this Agreement 1 · i' t. B. SCOPE Subject to the terms and conditions hereinafter set out, EPD hereby agrees to reimburse GRANTEE up to a total of $29,325.00 over the course of this Agreement (inclusive Of the initial term and all renewal periods). Specifically, EPD agrees to reimburse GRANTEE for those sums hereinafter expended for the purposes and uses set forth and described in GRANTEE'S application attached hereto as Exhibit "A" and incorporated herein and made a part hereof. Enforcement programs must also comply with the "Expectations of Local Code Enforcement Officers" attached hereto as Exhibit "B", and education programs must comply with the "Expectations of Local Education Programs" attached hereto as Exhibit "C". Both exhibits are incorporated herein and made a part hereof, and (hereinafter, the items in Exhibit "A", Exhibit "B", and Exhibit "c" will be referred to as "Allowable Purposes''). C. PAYMENT (1) A request for reimbursement of expenditures for Allowable Purposes (hereinafter, "Request for Reimbursement") shall be submitted to EPD on forms designated by EPD. Requests for Reimbursement may be submitted as and when respective tasks are completed in connection with the Allowable Purposes by GRANTEE provided, however, no more than a total of two (2) Request for Reimbursement shall be submitted by GRANTEE to EPD within any given thirty (30) day period. Requests for Reimbursement shall be submitted to the following person at EPD: Kristi Campbell, Trust Fund Coordinator, 4244 International Parkway, Suite 104, Atlanta, Ga. 30354. (2) Before a Request for Reimbursement will be considered by EPD, the respective tasks for which reimbursement is sought must first have been completed by GRANTEE. (3) Upon receipt of all required documentation, EPD will conduct its review of the Request for Reimbursement, and, thereafter, provide written notification to GRANTEE as to which portion of the requested funds will be rdmbursed to GRANTEE (hereinafter, "the Reimbursed Costs"). Except as may otherwise be provided herein, payment of the Reimbursed Costs shall be made within thirty (30) days of EPD's written notification to GRANTEE of its approval thereof. In no event shall GRANTEE be entitled to receive more than a total of $29,325.00 pursuant to this Agreement. (4) First time GRANTEES will receive 100% reimbursement for their expenses for Allowable Purposes. Previous GRANTEES will receive 75% reimbursement for their expenses for Allowable Purposes. . ;~ . . (5)The followingperson(s) are hereby designated as being authorized to receive payment of the Reimbursed Costs on behalf GRANTEE: . :'-':'.: .'..' .~..}~i;J~~_..'..~ ~.J~;"",,;:" l. .:.. ::. N~:Robert H. Sherman, III TTrLEDirector, License and Inspection Dept. ADDRESS: 1815 ,Marvin Griffin Road, P. O. Box 6399, Augusta, GA 30~06 TELEPHONE #:( 706) 796-5050 FAX#: (706) 796-5037 The above person(s) may be substituted or changed by GRANTEE upon written notice to EPD pursuant to paragraph M below. 2 i_ D. USE OF FUNDS The Reimbursed Costs must have been used only for the Allowable Purposes designated herein and for no other purpose. In the event EPD determines that the Reimbursed Costs (or portion thereot) have been utilized for any non-Allowable Purpose~ EPD shall, in addition to any other remedies available to it, be entitled to treat such unauthorized use of the Reimbursed Costs as a material default by GRANTEE pursuant to the provisions of Paragraph J(I) below. E. BUDGET CHANGES The GRANTEE must request approval for any and all budget changes. A reallocation of funds may be requested by submitting a budget revision in the same format used in the original application. The request shall be accompanied by a narrative justification for the proposed reallocation. Approval will not be given to those requests for reallocation which do not support the goals and objectives of the grant program. F. ACCOUNTING RECORDS/RIGHT TO INSPECT (1) Accountin~ SystemlRecords Retention Requirements GRANTEE agrees to maintain an accounting system which meets the requirements of the Government Accounting Standards Board (hereinafter "GASB"). The accounting system shall maintain books, records, documents, and other evidence which pertain to and sufficiently support (in accordance with GASB) the Reimbursed Costs provided to GRANTEE pursuant to this Agreement (hereinafter collectively, " The Records"). Accounting procedures, policies, and The Records shall be completely open to State audit at any time during and for a period of five (5) years from the date of payment of the ,Reimbursed Costs, and GRANTEE shall preserve and make'available such accounting procedures, policies and The Records during such time period. GRANTEE may, with the prior written consent of EPD, and in fulfillment of its obligation to retain The Records as required by this paragraph, substitute photographs, microphotographs or other authentic reproductions of The Records, after the expiration of two (2) years following the date of payment of the respective Reimbursed Costs to which such Records relate, unless a shorter period is authorized by EPD with the concurrence of the State Auditor or his duly authorized representative. Penrussion to substitute The Records as provided herein shall be within the sole discretion of EPD. (2) Audit Requirements The State standards for audits of contractors, and programs conducted under this Agreement are applicable to this section and are incorporated by reference as though fully set out herein. G. RIGHT TO INSPECT WORK EPD, the State Auditor of Georgia, or their authorized representatives shal1,' during normal business hours, have the right to enter into the premises of GRANTEE and/or all subcontractors, or such other places where the work for which the Reimbursed Costs are provided herein has been performed, for the purpose of inspecting; monitoring, or otherwise evaluating such work. 3 j, H. PERIODIC REPORTS At least once every three (3) months throughout the course of this Agreement (inclusive of the initial term and all renewal periods), GRANTEE shall submit a written report to EPD. The written report shall include any information with respect to the Reimbursed Costs and activities related to the Allowable Purposes under the Agreement. I. RELATIONSHIP OF THE PARTffiS Neither GRANTEE nor any of its respective agents, servants, employees or subcontractors shall become or be deemed to become an agent, servant or employee of EPD as a result of this Agreement., Provided further, this Agreement shall not be construed so as to create a partnership or joint venture between GRANTEE and EPD. J. TRADING WITH STATE EMPLOYEES The parties certify that this Agreement does not and will not violate the provisions of a.e.G.A. g 45-10- 20 ~ in any respect. K. TERMINATION This Agreement may be terminated by EPD for any or all of the following reasons: for any default by GRANTEE; for the convenience of EPD; and in the event sufficient funds no longer exist for the payment of EPD's obligations hereunder. Each of these is described in the following paragraphs. (1) Termination for Default The failure of GRANTEE to comply with any term, condition, or provision of this Agreement shall, at the option of EPD, constitut~ a default by GRANTEE. In the event of default, EPD sh.dl notify, GRANTEE in writing by hand-delivery or by certified or registered mail, return receipt requested, of the specific act or omission of GRANTEE which constitutes default. GRANTEE shall have fifteen (15) days from the date of receipt of such notification to cure such default.; provided, however, if, in the sole discretion of EPD, GRANTEE'S default poses an imminent danger to the safety and health of the general public, EPD may require in the written notification that GRANTEE cure the qefault, within a time period less than fifteen (15) days. In the event of default, and during the'above specified grace period, performance under the Agreement shall continue as though the default had never occurred. In the event the default is not cured in fifteen (15) days (or within such other time period as required by EPD inthe written notification of default to GRANTEE), EPD ma~, at its,sole option; terminate this Agreement for default. Such termination shall be accomplished by written notice of termination forwarded t(} ,GRANTEE by certified or registered mail and shall be effective at the close of business' on the date specified in the notice. Upon effective termination of this Agreement as provided herein, GRANTEE shall not be entitled to any further payments pursuant to this Agreement (regardless of whether such payments may have previously been approved by EPD), and shall immediately return to EPD all Reimbursed Costs (or, in the case of a default due to use of the Reimbursed Costs for non-Allowable Purposes as described in Paragraph D above, such portion of the Reimbursed Costs as was used for the non-Allowable purposes) previously paid to 4 .. GRANTEE. The remedies provided EPD herein shall be in addition to and not in lieu of any other remedies that EPD may have by reason of GRANTEE'S breach of this Agreement. (2) Termination for Convenience EPD may terminate this Agreement in whole or in part whenever, for any reason, EPD shall determine that such termination is in the best interest of the State of Georgia. In the event that EPD elects to terminate the Agreement pursuant to this provision, it shall so notify GRANTEE by certified or registered mail, return receipt requested. The termination shall be effective as of the date specified in the notice. Upon effective termination of this Agreement as provided herein, GRANTEE shall not be entitled to any further payments pursuant to this Agreement (regardless of whether such payments may have previously been approved by EPD) (3) Termination for Unavailability of Funds Notwithstanding any other provision of this Agreement, the parties hereto agree that the charges hereunder are payable by EPD from the Solid Waste Trust Fund. In the event that the source of payment for the total obligation no longer exists or is insufficient with respect to the matters addressed herein, in the sole discretion of EPD and of the State, then this Agreement as to all such matters or, as the case may be, as to any of the matters addressed under this Agreement, shall terminate without further obligation of EPD and the State as of that moment. The certification of EPD and the State of the events stated above shall be conclusive. Should funding cease or otherwise become unavailable, this Agreement will immediately, become null and void. Upon effective termination of this Agreement as provided herein, GRANTEE shall not be entitled to any further payments pursuant to this Agreement (regardless of whether such payments may have previously been approved by EPD.) L. GOVERNING LAW This Agreement shall be construed in accordance with the laws of the State of Georgia. M. FORCE MAJEURE The parties hereto shall not be responsible for any failure or delay in the performance of any obligations hereunder caused by acts of God, flood, fire, war or public enemy. , , N. NOTICES All notices under this Agreement shall be deemed duly given: Upon delivery, if delivered by hand (against receipt); or three days after posting, if sent by Registered or Certified Mail, Return Receipt Requested; to a party hereto at the address set forth below or to such other address as a party may designate by notice pursuant hereto. GRANTEE: Name: Robert H. Sherman, III Title: Director, License and Inspection Department MaiIing Address: 1815 Marvin Griffin Roa:d~ P. o. Box 6399 Augusta, GA 30906 5 Telephone#: (1106) 796-5050 Facsimile#: (706) 796-5037 EPD: Name: Krlsti O. Campbell Title: Trust Fund Coordinator Mailing Address: 4244 International Parkway, Suite 104 - Atlanta, Ga 30354 Telephone #: (404) 362-2587 Facsimile#: (404) 362-2693 o. WAIVER ) The waiver by EPD of any breacJ1 of any provision contained in this Agreement shall not be deemed to be a waiver of such provision on any subsequent breach of the same or any other provision contained in this Agreement. No such waiver or. waivers shall serve to establish a course of performance between the parties contradictory to the terms hereof. P. AUTHORITY/OPEN MEETINGS GRANTEE warrants that it has full power and authority to enter into and perform this Agreement, and that the person signing on behalf of GRANTEE has been properly authorized and empowered to enter into this Agreement. GRANTEE'certifies that in approving this Agreement that it has complied with the requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated regarding open meetings. GRANTEE further acknowledges that it has read this Agreement, understands it and agrees to be bound by it. Q. SEVERABILITY If any term or provision of this Agreement s,hall be foup.d to be illegal or unenforceable then, notwithstanding, this Agreement' shall remain in full force and effect and such term or provision shall be deemed stricken herefrom. . R. HEADINGS The. paragraph h.ead,ing~ used i~ this AgreeIllent ar,e'for reference purposes only and shall not be deemed a pari ofthi~ Aw:~~~~t: -:, ~,~~. ~::. ,::, " '" . '.., , . . .' :: - S. AMENDMENTS IN WRITING N.o amendment to this Agreement shall be effective unless it is in writing and signed by duly authorized representatives of the parties. . , -, " , \:'" 6 T. ASSIGNMENT GRANTEE shall not assign its right to receive Reimbursed Costs, or any obligations required of it pursuarifto this AgreementUwithout the express written consent ofEPD. V. HOLD HARMLESS OBLIGATIONS (a) " GRANTEE shall hold EPD, its agents and employees, harmless from any and all claims resulting from or arising out of the grant, including, without limitation, damage claims for injury to persons or property. In the event a lawsuit is filed against EPD for the State of Georgia in connection with the Agreement, GRANTEE shall, at its own expense, be entitled to and shall have the duty to participate in the defense of the lawsuit if EPD gives GRANTEE immediate notice in writing of the institution of such suit, permits GRANTEE to fully participate in the defense of the suit, and gives GRANTEE all available information, assistance and authority or enable GRANTEE to do so. No settlement or compromise of any claim, loss or damage asserted against EPD or the State shall be binding upon EPD or the State unless expressly approved in writing by EPD and the State. (b) GRANTEE has submitted an application for the funds herein, and expressly acknowledges that EPD, its agents and employees, in passing through such funds, has neither assumed nor undertaken any legal duties to GRANTEE or others. GRANTEE agrees to make no claims or demands against EPD, its agents or employees, for any damages that may result from or arise out of the disbursement of the funds hereunder, even if such claims or demands are made against GRANTEE. V. CONFLICTS OF INTEREST GRANTEE hereby attests that all of the officials of GRANTEE have certified that they have not violated any applicable conflict of interest law under either state law (O.c.G.A. g g 45-10-20-45-10-28 and 36-67 A- 1-36-67 A-4) or under any local ordinance, charter, rule, or regulation and that they shall comply with same throughout the term of this Agreement. W. COPYRIGHT No report, surveys, or other documents produced in whole or in part under this Agreement shall be the subject of any application for copyright by or on behalf of GRANTEE. X. DRUG-FREE WORKPLACE GRANTEE hereby certifies that: (1) A drug-free workplace will be provided for GRANTEE'S employees during the performance of this Agreement; and (2) It will secure from any subcontractor hired to work in a drug-free workplace the following written certification: "As part of the subcontracting agreement with (Contractor's Name), (Subcontractor's Name) 7 certifies to the Contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this Agreement pursuant to paragraph 7 of subsection B of Code Section 50-24- 3." Y. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties with respect to the subject matter; all prior agreements, representations, statements, negotiations, and undertakings are superseded hereby. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. GEORGIA DEPARTMENT OF NATURAL RESOURCES, ENVIRONMENTAL PROTECTION DIVISION ("EPD") By: Harold F. Reheis, Director Notary Public CHMOND COUNTY F COMMISSIONERS ("GRANTEE") ATIEST: d!Il~4Uf/ \. KristiclCODtract. revision u> 9 ~ 8 RESOLUTION WHEREAS, the Board of Commissioners of AugustalRichmond County has applied to the Environmental Protection Division of the Department of Natural Resources fora gi'ant of financial assistance programs; and WHEREAS, such programs are necessary to provide adequately for the public health and welfare; IT IS HEREBY RESOLVED by the Board of Commissioners that the proposed Agreement for this STATE GRANT be and the same is hereby approved and the Chairman is herewith authorized to execute, on behalf of Augusta/Richmond County and the Board of Commissioners referenced Agreemeht and any other related documents or papers necessary to obtain the grant as pr 'ae therein. .....- /; ~Chairman .~ Commissioner This "/ (P day of ~ .1999 ATTEST: '~ -- ~- ~~- ...~ ~ ,,', Commissioner J · -~ ~ , '-,-"":""7"" (, . (, . ~ ~'.. '.' FEDERAL ID# 58 - :<;J~ YJ 7,t/ .' " -\,tT,. ':'..ur~.;:;;,7, : : \. . ~ j , ro,':' l, ~{ ;.i(l ;.:', #..'.'! . ,: ,t' ~ .1 : " ~ . '. . ';.;"; . ;. .; . ._ ~. I..'~ ..:\ I'.~ . ~:....: /, ';1':;" ,,' LanddocslKrisii<:Joontractlresolutioo ~ . ~ ..' I.' . . 1. ;: . ~ . ;-. ' . r. '.,1 "~ 1Zt&~ 9 .. CERTIFICA TION I do hereby certify that the above is a true and correct copy of the Resolution duly adopted by AugustaIRichmond County on the date so stated in said Resolution. LanddocslKrislicJCODtnlCtlcenificalion .... 10 ,~Khjbi+-' A' envIronmental Protection Division Scrap Tire Grant Program Application SECTION A . 1. 2. 3. 4, Ncrr.e, county. and accress of Applicant ("See Instructions on Sack): AUGUSTA -RICHMOND COUNTY GOVERNMENT I 530 GREENE ST., AUGUSTA, GA 30901 Contact ?erson: MR. ARMANDO TOTKA Te!ephor:e: (706) 796-5050 Fax: (06) 796-5037 Applicaticn ~repared by (Name/OrganiZ3tionINl.;mber): ATTr:TTC:;"A -IHrHM()NT) r()TTNTV LICENSE and INSPECTION DEPARTMENT,P.O. BOX 6399, AUGUSTA, GA 30906 S. Inc;cate :r.e :Y~e of grant requestec: E:-:fcrce:.:er.t [J E~ucaticn o 6. P,'oject Desc:-i~ticn (Oesc:-:be the ;:rojec~ in :Wo cr three sentences.) * * SCRAP TJBE. CODE ENFORCEMENT GRANT 7. At:-:ount or ;:1iorCement Funcs-Re~ues~ed: $30 I 075 8. A,,710unt of E::L;cation Funes Reques~ed: 9. Tecal Ar.:cl.;liC of Reql.;ested for 7 &; 8: 10. ':'1~CL;r.C P~:'1iced L'::::c~lly: CaSh SlO,025 11, Preject CJs:: $40, 1 m 12. Te:ai Ar.:cl.:r.c of Giar.c F~ncs Reql.;es:ea: $10, 07c; 13, Ex:ec:ed .=rcjec: :e;ir,nir.g Oace:_1Q99 E.x;:ectec Project CJmp/e~:cn Dace: 2000 SECTION 8 j~, C ~~;fic3tion: I. ~r.~ ~licersig:-;ed aL;thciize1 ie;ieser.tative of :'~e acq/icar,t, cer:ify :,'-;at to ehe =est of r':'".j ~r:cwiedc;e :."':e infOi:-:-:ac!cli :n ::-:e a:;/ic2cicn is :i1.;e and c:iiect. the coc:Jr:-:enc has :::eel1 culy a,-::-:cr::=~ :y :/'-:e ;:'/er:-:ir.r; :cc'/ of tr.e a:clicar.c. arc. if ,'ur.cec. :he a~:licar.c '.vill c:ar7"f cur cr.e ;:r:jec: ac::'m:es :n :,'-;e ,~anner cesc.-ioed In :,"':;S a::iica~jon. I Fwr:.';er cs;:ir/ ,liar t.~e 3~olicar.c s."-:all r;-:a:;-;:ain aC::L;:.:ing .-eC:iCS :n ac::r:::anca '.vic,~ ;el1erally ac:a:ced r;c'/ei:-:mer:tal ac==ur:c:r:g ,:,-:,-,c:,:ies :,-.c :.-'ac :,:e fLr.CS awarcec '.viII :e :r:c::.;ced in :,'"lese C!t.;cits Oi :inar:c:ai s~a:;:.:er:ts :,';ac C-'/t:u ." -i ~~r:~ Off; ';" .~i-l'ec' A, 'rar':r. ~er;o" -,....:... -cove 15. -d~~ . -- ., '- .. - '-'-- " . 1/R/9" ~~~ C;':';c:ai ~I<;rac'..:ie Dace Na~e(':lease ,:rint) ROBERT H. SHERMAN III ' T:t,; nrRI'TTOR. r.rr:F:NSF. ~ TNSPF.\.TTON OF.P'T 17. E?0 Use Or.ly Cace ,~eceived: ~fai/: 0 Har.c Approved: Giant Nwmter: Denied: o o o 16. Mail the a~~iication, ir,ducing re~uired attachmencs to: Gecir;ia E:wirOlimental Protection Division ATTN: Sc.-a.o Tire Program 424~ Incemational Parl<way, Suire 104 A:lar.ca. Geergia ,30354 Please see instruc:ions on the back of this form. Acclicar.t Comoliance: Solid Waste Pran 0 Net Applicable 0 Solid Waste Rules 0 Section 391-34.19 * *6. AUGUSTA LICENSE and INSPECTION DEPARTMENT WILL ENFORCE VIOLATIONS OF ILLEGAL SCRAP TIRE DUMPING AND SOUD WASTE. t . .. Augusta/Richmond County Enforcement Grant Budget 2nd Year Enforcement Cost 75% Award Personnel $ 34,600.00 $ 25,950.00 Gas/Fuel/Maintenance $ 1,000.00 $ 750.00 Office Supplies $ 1,000.00 $ 750.00 Field Supplies $ 1,500.00 $ 1 ,125.00 , Training/Travel $ 1,000.00 $ 750.00 Total Enforcement $ 39,100.00 $ 29,325.00 ...... .. -::...- ,. ~ . . AL~GUSTA LICENSE & INSPECTIO'N DEPARTMENT ROBERT H. SHERMAN. III DIRECTOR 1 B 1 5 MARVIN GRIFFIN RD P,D. BOX 6399 AUGUSTA. GEORGIA 30906 (7061796.5050 FAX 796-5037 BUILDING PERMITS: 796-5050 BUSINESS UCENSE: 796.5053 ALCOHOL UCENSE: 796.5033 CODE ENFORCEMENT: 796.5049 TO: DEPARTMENT OF NATURAL RESOURCES GA ENVIRONMENTAL PROTECTION DIVISION ATTN: KJUSTIC~PBELL FROM: AUGUSTA-RICHMOND COUNTY LICENSE & INSPECTION DEPARTMENT ARMANDO TOTKA AUGUSTA-RICHMOND COUNTY APPLICATION ATTACHMENT-A I Augusta- Richmond County Board of Commissioners welcomes the opportunity to apply once again for the Scrap Tire Enforcement Grant. Augusta- Richmond County Government has been geared toward enforcing the clean-up of scrap tire piles and other solid wastes in the Augusta- Richmond County area. By attaining this grant we will be able to continue our enforcement of illegal scrap tire and solid waste dumping. Augusta- Richmond County is interested in continuing its scrap tire enforcement. Augusta is the second largest city in the state and there are about 150 scrap tire generators within our jurisdiction. The second year code enforcement grant would be utilized for maintaining the salary & wages of the code enforcement officer as well as operating costs, supplies, and training. The code enforcement officer has been inspecting scrap tire sites, as well as routinely inspect scrap tire generators to see if there are any state and local laws that are violated. The officer has been issuing a quarterly report of existing scrap tire sites and other sol~d waste violations to Georgia EPD. In 1997, through the scrap tire program grant, Augusta-Richnlond 'County was successfulin properly disposing 675 tons of scrap tires. In 1998' we'were successful in properly enforcing scrap tire dumping. , , . We are in the process of developing ordinances that will enable us to be specific about the type' of violations that are discovered. Augusta-Richmond County is in compliance with Georgia Solid Waste Act and Rules. Augusta-Richmond County haS been complying with the "Expectations of Local Code Enforcement Officers". Ifthere are any questions please contact Armando Totka, Auditor at (706) 796-5177 . '. . ~ . Exhibit B Expectations of Local Code Enforcement Officers The scrap tire and solid waste enforcement officer's primary responsibilities are to: 1. Obtain enforcement training from EPD staff within the first four weeks of hiring. 2. Develop and implement, preferably in the county and its cities, a state approved local solid waste regulatory ordinance including tire regulations within the first three months of receipt of the contract. 3. Develop and implement a state approved solid waste management program that is consistent with the Local Solid Waste Mangement Plan. ' 4. Keep accurate and complete support documentation of day to day activities, including hours worked, cases, inspections, etc... 5. Inventory and assess the number of scrap tire piles located within the regulatory boundary. a. Issue citations or notices of violation for dumpers or property owners b. Notify EPD of dumps which are not cleaned up 6. Inspect scrap tire generating facilities: a. Do they have a State issued identification number? b. Are they using permitted scrap tire carriers? c. Are they keeping accurate manifests of tires removed? d. Are the scrap tires being transported only to approved handling facilities? e. Is the number of scrap tires on site within the allowable storage limits? 7. Inspect scrap tire carriers: a. Do they have a State issued Carrier Permit? b. Are they keeping accurate manifests of tires transported? c. Are they transporting scrap tires only to approved facilities? d. Is the number of scrap tires on site within the allowable storage limits? 8. Inspect scrap tire sorters: a. Do they have a State issued identification number? b. Do they have a State issued Carrier Permit? c. Are they properly manifesting the disposition from the generator to the sorting operation? After sorting the tires, are they properly re-manifesting the disposition of the tires from the sorting operation to the State approved end user or processor? d. Is the number of scrap tires on site within the allowable storage limits? e. Are they processing 75% of tires received during the quarter? f. Are they in compliance with all other requirements of processing facilities? 9. Communicate aDd coordinate with the entity responsible for education to help ensure that effective methods are being used to convey to citizens, school children, industry, and other local government departments the importance of proper solid waste management and the consequences of noncompliance with state and local scrap tire/solid waste ordinances. 10. Submit a report of the above listed activities to EPD on a quarterly basis. 11 '. . ~ ',\ Exhibit C Expectations of Local Education Pro~ams The educational component funded by this grant is required to: 1. Promote tire recycling and reuse. 2. Promote cititzen involvement in tire abatement programs (if scrap tire cleanup grants are awarded) 3. Educate tire dealers in the requirements of the Scrap Tire Management Program. 4. Promote solid waste management, waste reduction and recycling 5. Communicate and coordinate efforts, where possible, with the entity responsible for enforcement to help ensure that effective methods are being used to convey to citizens, school children, industry, and other local government departments the importance of proper solid waste management and the consequences of noncompliance with state and local scrap tire/solid waste ordinances. 6. Submit a report of activities to EPD on a quarterly basis. 12 . . F I .. .' - AUG T '. LICENSE & INSPECTION DEPARTMENT ROBERT H. S III DIRECTOR 1815 MARV ~ROAD P,O, BOX 63 ': I AUG",TA. GO '"'" (706) 796.5050 FAX: 96-)0 BUILDING PER1...rrrS: 796-5050 BUSINESS LICENSE: 796-5053 ALCOHOL LICENSE: 796-5038 CODE ENFORCEMENT: 796-5049 MEMORANDUM ,/ MR. RANDY OLIVER, ADMINISTRATOR ,~ ROB SHERMAN 7tf7 RE: 1998 SCRAP TIRE ENFORCEMENT GRANT - AMENDMENT DATE: JUNE 2, 1999 Attached is an amendment to extend the time for utilizing the" 1998 Scrap Tire Enforcement Grant".... The City entered into an agreement with EPD in July 1998 to provide for scrap tire enforcement. The grant amount is $83,800: $65,800.00 for code enforcement and $18,000.00 for educational purposes (Clean and Beautiful). We diq not begin using the code enforcement funds until about October 1998, when a person was, / hired to fill the inspector position funded by the grant. We have requested an extension~n order to use all of the funds provided in the first year of the grant, which would end July 21, 1999. The extension was approved by EPD for one year from July 21, 1999 to July 2l,2000, Please have the attached amendment signed and returned to me, 1 will forward the copies to EPD, Thanks! (If this should be an agenda item for approval let me know and 1 will prepare it.) . . , 6 . I' 3 AMENDMENT TO AGREEMENT Contract Number 738-990016 THIS AMENDMENT TO AGREEMENT, entered into this 21st day of June, 1999 by and between the Georgia Department of Natural Resources, Environmental Protection Di~ision (hereinafter, "EPD") and Augusta-Richmond County (hereinafter, "GRANTEE"). W-I-T-N-E-S-S-E-T-H WHEREAS, the parties hereto entered into an Agreement on or about July 21, 1998, (a copy of which is attached hereto, incorporated herein and made a part hereof) to provide for scrap tire and solid waste enforcement and education programs in Augusta-Richmond County; and, WHEREAS, Grantee needs additional time to perform activities in the Agreement's scope of work; and WHEREAS, the Agreement states that it can be renewed for two additional periods upon written mutual consent of the parties, and WHEREAS, both parties desire to modify the Agreement to extend the time of service through July 21, 2000. NOW THEREFORE, for and in consideration of the mutual promises and other good and valuable consideration set forth herein (the receipt and sufficiency of which is expressly acknowledged by each party hereto) it is mutually agreed that the attached Agreement shall be renewed pursuant to Paragraph A for one (1) additional period of one (1) year from July 21, 1999 to July 21,2000. Except as specifically modified hereinabove, the Agreement shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties have hereunto, acting by and through their duly authorized officers and agents, set their hands and affixed their seals the day and year first written above. GEORGIA DEPARTMENT OF NA TURAL RESOURCES, ENVIRONMENTAL PROTECTION DIVISION ("EPD") BY: BY: -RICHMOND COUNTY Harold F. Reheis, Director NOTARY PUBLIC KOC:koclaug-reXI,.mod ~' ~~ ATTEST' ~ BY:~~ JIA1~~