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2013/02/26 Item 08
CITY COUNCIL AGENDA STATEMENT ~,,,~'-. clrr of CHULAVISTA 2/26/13, Item g ITEM TITLE: RESOLUTION OF THE CHULA VISTA CITY COUNCIL AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF CHULA VISTA IS ELIGBLE AND AUTHORIZING THE PUBLIC WORKS DIRECTOR OR DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS AND IMPLEMENT PROJECTS FUNDED BY CALRECYCLE GRANTS, FOR A PE D OF FIVE YEARS SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ADMINISTRATIVE SERVICES MA GER REVIEWED BY: CITY MANAGER ~ ~o~ ~Uy ASSISTANT CITY MANAGER ~/ 4/STHS VOTE: YES ~ NO SUMMARY Public Resources Code sections 40000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste Management Board, to administer various Grant Programs (grants) in furtherance of the state of California's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment. CalRecycle is now allowing jurisdictions to gain approval from their councils to apply for all CalRecycle Grants for which the city is eligible rather than requiring separate authorization for each CalRecycle Grant Program. Staff is seeking council authorization for the Public Works Director or Designee to apply for, execute documents necessary to and implement projects, funded by CalRecycle grants, for a period of five years from the date Council approvals the resolution. Staff will be applying for the next CalRecycle Local Government Waste Tire Amnesty Grant Program which funds the cost of actions related to the disposal of waste tires collected at amnesty events. Funds are for date-specific collection events for the public and are not intended for the disposal of waste tires from a waste tire generating business. Amnesty events allow citizens to bring waste tires to a convenient location for proper management. 8-1 2/26/13, Item ~ Page 2 of 3 ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory Agencies for Protection of the Environment] of the State CEQA Guidelines because the proposed action will allow the submittal of various state grant applications and result in the implementation of options available to the public for recycling and proper disposal of solid waste and thus reducing potential adverse impacts to the environment and human health. Thus, no further environmental review is required. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Public Resources Code sections 40000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste Management Board, to administer various Grant Programs (grants) in furtherance of the state of California's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment. CalRecycle is now allowing jurisdictions to gain approval from their councils to apply for all CalRecycle Grants fox which the city is eligible rather than requiring separate authorization for each CalRecycle Grant Program. Staff is seeking council authorization for the Public Works Director or Designee to execute all grant documents necessary to secure CalRecycle grant funds and implement those grant projects for a period of five years from the date of Council approval. With this authorization, staff will be applying for the CalRecycle Local Government Waste Tire Amnesty Grant Program which provides funding for the cost of actions related to the disposal of waste tires collected at amnesty events. Funds are for date-specific collection events for the public and are not intended for the disposal of waste tires from a waste tire generating business. Amnesty events allow citizens to bring waste tires to convenient locations for proper management. This is the first time that Chula Vista has applied for the waste tire grant. Staff is planning to hold four (4) collection events within the grant time frame, for approximately $36,000. The Public Works Department, Environmental Services staff has extensive experience coordinating large-attendance collection events such as household. hazardous waste and electronic waste collection events that have an average attendance of over 2,000 vehicles. Providing this special collection option for used tires for Chula Vista residents will be a complement to our variety of solid waste and recycling activities and programs. 8-2 2/26/13, Item .~. Page 3 of 3 DECISION MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500-foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There will be no direct fiscal impact to the General Fund. All grant related activities are funded through the Environmental Services Fund and the State of California, Deparhnent of Resources, Recycling and Recovery (Cal Recycle). ONGOING FISCAL IMPACT There will be no ongoing fiscal impact to the General Fund. All grant related activities are funded through the Environmental Services Fund and the State of California, Department of Resources, Recycling and Recovery (Cal Recycle). ATTACHMENTS Grant Application Prepared by: Lynn France, Environmental Services Program Manager, Public Works Department- Environmental Services Section H: IPUBLIC WORKS- ENG IAGENDAI CAS2013102-26-131CAS -CalRecycle Grant2-21-73. doc 8-3 ~~l~ecycle . e:•~ ,~ ~~~~~ ,. _ _ Condttidnsand C~rtifwtifion Condition of Application Submittal: Acceptance of Grant Agreement Provisions In the event the Applicant is awarded a grant, the submittal of this Application constitutes acceptance of aA provisions contained In the Grant Agreement, which consists of the following: • Executed Grant Agreement Cover Sheet and any approved amendments F~chibft A-Terms and Conditions 6chibit B -Procedures and Requirements • Exhibit C -Application with revisions, if any, and any amendments ExhibR D -Application Guidelines and Instructions Certification: i declare under penalty of perjury under the laws of the State of Califomla, that funds have been allocated for the project(suactivities Identified in the grant application and that sufficient funds are available to complete the pro)ect(s)/activitles identified In the grant application, that I have read the Appl~afion Guidelines and Instmctions and that all Information submitted for CalRecycle's consideration for award o! grant funds is true and correct to the best of my knowledge, and that on behalf of the Applicani I accept the above conditions of submittal. r X _ ~-.5.~~~3 .__- .. _ Sigiratura ojSi [ureAnthor3ry (as au/ha•r<ed in Resolu8on or Letter aJCanmitment) Date . orduthorfzed Designee (ar an[horized in Lefler ofDrslgnation, submided with Jris dpp7ication) ~.~{vtt~,_,FY'OIhC~....-.-_-... ,.,----------...-LY~ViY6YlY?'t('-?4._f~~.~f.D~CCLtvYI.'~QYt0.~2Ar Print Name ~ Print Tdie IMPORTANT) Applicant must print out this document, have the Signature Authority sign it, upload signed document to the application system, and retain the original hard copy document in your cycle file. ENVIRONMENTALLY PREFERABLE PURCHASING AND PRACTICES (EPPP) POLICY CERTIFICATION 1 NOTIFICATION Local Government Waste Tire Amnesty Grant Program, Fiscal Year 2013/14 This document is acknowledgement that your organization bas or will adopt an Environmentally Preferable Purchasing and Practices (EPPP) Policy. See the Application Guidelines & histructions for more afion_ ` miistfill.ouEthis s'echoji acid ¢pload in_GMSWeb b~he application dice date. _ _._,_ ganizatiort Name.; ; . Lynn France / Clty of Chula Vista - ___ __~ Yes, our entire organization+ bas an EPPP Policy. ® ,Date Adopted: By: (e.g., governing body name, executive officer, etcJ ~~ 1 10/21 /2008 City Council of the City of Chula Vista No, ottr entire organization does not have an EPPP Policy. We ackrtowledge that om~ $ ~ organization must adopt one by March 5, 2013 and upload this certification again in d GMSWeb by the secondary due date; March 5, 2013, or our application will be disqualified. 5 ~ . 'EPPP Na4ficatton. s~ , L _- mnia,alint the nbdve. ; infnrn:atian rs true Lind correct to the best of hry kno+vtedgw .... .. ~X ~~-"yr_,Qc~t,ew----_._--- 07- 5 - a_G_~ 3 .-------.._...._. ~, Signatu uthority - as authorized in Resolution or LeUar of Contmitntent; or D[de Audtnrized Designee - as authorized in submitted Letter afDesignatiott -- 1.wihtbe dtsqualrfied Yes, otv entire organization has an EPPP Policy. Date Ado tep d: ___ By. (e.g., governing body name, executive officer, etc.) "Entire organization" refers to the entire city or county appxca~ not an indvidual office or subunit of the larger entity. Waste Tire Amnesty Grant Program Budget City at Chula Vista Grant (D 14572 TA1 Cycle -Fiscal 2013116 Administration: Personnel time for Recycling Specialist 11, grant administration, event planning, day-of- event logistcs, data management, progress and final report preparation and of Chula 2, 304.00 Subtotal ~ I ~ ~,av4.vv I .,____~~_~. r,.~+.. a,,. ~+~cr ~.,.,~i,.o~1 ~+ ovcnrc el lch ac nattinn ~m cite traffic control. loaaina entries. haridlina tires. . _ _____ . ,.. ,. ,, _~ ., nr up, 1 { .r~ , °,r~h'n_~P,o~i}~ ..; f ~I .~lti'es,a';; +,! ~. Traffic control employee r ^s, g I°, Iti ~, v! { Hb,O.~'i.t~=. 32.00 u „ hi .. i~-O ~ M {~ ~® + >w r k 5;, ~~~ .. ~koY~,rf?. A.~~ <,. , +v r,~'~, ., . City of Chula Vista, Public Works Operations t 1S M!'A1~ ,u l.I ill i i'11 ;.r ! a .... _..I i,~IS ;~` ~,~ ,r~ rrr , I , d f , r ~il+ 1 ,~,Doltak' A ~ t1 : ,. $ 1,600.00 Same as above 32.00 City of Chula Vista $ 1,600.00 Same as above 32.00 Ciiy of Chula Vista $ 1,800.00 Same as above 32.00 Ciiy of Chula Vista $ 1,800.00 orpsmember, Unloading tires from vehicles 32.00 Urban Corps of San Die o $ 1,700.00 Same as above 32.00 Same as ahove $ 1,700.00 Same as above 32.00 Same as above $ 1,700.00 Same as above 32.00 Same as above $ 1,700.00 Subtotal $ 13,200.00 !`....F.-~ef~• Cnetc acenciaiafi With wARtP. tlr'P. hAl1IP.rS. BtC. __.__.____ ---- - -. - Y"P. Ih•_•. ::irPr'g 'a'ut~N, al( nl A 13 N I' y~,~'. 5.h ~i~,r r1 ~il III x 11,:4,..:,, ,.I,~r ,11. Li ~I ..: ,.: i,~. PY.. ~Cr 1, f.... ,;,. .ii ,,,li:~ II, ,~!~y,~~ ... ~ 1 ,,4. { ptl U ~~k ;1pn {111+ii~~ ' +S~' d,3 d ' ~ :If 1 'Y. ....5f:1 ~ ~ ~ ~m{IL~,l. ~ :t 1~, ;,.I,; Y ~ I{ aJJt ~;~ , ; J ~ 'f`JC 1h Yl, l.. Ir'ilr^ LII I' ~"~'+~ ~I ~i~ ~gtLu~.:lti :+:,'N, .il4{~~v ,8{>+.1 :1 ~ iX1~l ~v ~, F ~' ` ~ ~~ ryy 1'fi'2iY~ fl~ ,. ,.:N I1 I1 `.~:i ~ld{J' !f old{.{ry ~I~ll,, ] y~1Y. tI .~ 1, ~ I :. ; 3,,,~II.I{i,l>!+~M1Y. ,1{i!'Y~;,SI.,.. d i.E wr.; ,~4~1~~!I~, {,r, ~~W, ~r:.{{l;t~~-k>'~„mot r aptt +~. °~rr_1,N 1,1 1 , .,. trN~ ~ U9 ~~ ~ kl I 1 . + a ~~ ~ Y 5~1 ,~ I{,+rl ~'. ~i.A~III I~~K. I 7 d!~r.. '! 1.&!;: ~ i.:}II ~I. ~ ~ - E ..., ,rlhr6o31~~' hiq t .i ~E ~(' 1} , 1 I ~ .7; e ,, I , 1 ,~ ~ P r ~I, { 9 r l =~ ~I kpf ° ~ i~u~ ! h: "~ ll~ ~4 ~ , . t41;riIP~ trti~d ,l~ ~ ~, ~. -:. F~ :. ~, r~I ~°., Fi{ r! ?rl ~r~'I~~ird~ ~ , , s , , it _ . v, c: .: 1 p I ~, ,., Ir 1, . ;;z,:llnh,4t:;+,~'rr?„r15n1„1~1~~,> =~Ik , ~: 1 ! . ; ,tfi..cr,,, Il,t;,al:.. 1,11..., : II,.,,II + ~ . , , ra 1, ru iu ~, ;. ,z a ; !Of . , .. a ., : , Reliable Tire San Diego, CA-registered 1st event date None provided until work 1800 tires, estimated collection $ 1,580.00 waste tire facility operator and transponer, io be pertormed Amnesty event tire removal & announced Same as above 2nd event date None provided until work 1800 tires, estimated collection $ 1,560.00 to be pertormed announced Sarne as above 3rd event date None provided until work 1800 tires, estimated collection $ 1,560.00 to be performed announced event supervision, preparing pay requests, Final Report. Up to 15% of 1 Waste Tire Amnesty Grant Program Budeet Reliable Tire San Diego, CA-registered 4th event date None prov[ded until work v 1600 tires, estimated collection $ 1,560.00 waste tire facility operator and transporter. to be performed Amnesty eveht tire removal & announced trans ortation County of San Diego Mail Services. 1st event dates None provided until work 51,000 postcards to be mailed single-family $ 1,000.00 Postage. and handling of promotional to be performed homes in Chula Vista postacards announced Same as above 2nd event date None provided until work 51,000 postcards to be mailed single-family $ 1,000.00 to be performed homes in Chula Vista announced Same as above. 3rd event date None provided until work 51,000 postcards to be mailed single-family $ 1,000.00 to be performed homes in Chula Vista announced Same as above 4th event date None provided until work 51,000 postcards to be mailed single-family $ 1,000.00 to be performed homes in Chula Vista announced Subtotal $ 10,240.00 ao Equipment 1 -'i' Vi ~ I ~. {, ~'. {I li. .l'Iq=1111 {.N YS~'I{ ~~if I:i: .: d' iA„At; F41 .IIrt lYcy{ •F :me-i~/< 1 y '~ ~ Y; ~' l ~ ~ ~' ~ ~ ~ IJ r. ~r ifrey'y, .y.::.y ,!S~ ~9 t~4tQ 1'G ~It I J IF ~~'o ` t ~~ II `. ~~!! it i. 11y+ ;T ~: r'llr. P!~ylf 11 i I ~":~x i "i~+aq l t~O ~`~ L)t:!h 11~yr1 {~~.:I~~q 1{ M4~~r1...1~ I'Jlhj'\ff II .[141 ~ ~f ~ 1 1=ti'' - I I ! Vf:. 41.i YId~N DIY ,r. },2 F f.'+I' ~l YI ~ II .il ll dy :k r t:l l l'1. `~ r 111~i1i~q~- (I i 1I-~ x~l ~ ~ I v' {{I ~r ~fl'FI II {{I l~ a.. f 1llfll'. , ~ .Y. :. lul~ Ili .. `:£~illlti JI rD '~l`d~hAffi~tS`U-l~I n ~~'+;t ~ t ., •' 5 ?5^ °:f; f+l -rt : p ~~ Pi- Al LL4~M+r{ Y Cl a 9JA F R ~ S k x i F :ilI 1`ei z ui ~+j'~~J ~ ry y 'ryr 'r ~~ ~ ~ l ~ y, /; t(IV t 7~ _'I~ ~ i'11 )q Al I i J . ~ ~ ,x ~; . Nr iiV' .I~ JII~ All III (J tit A J ~i_i111 t {~f ~~ 1 ~ ~ nb f i ' il i ( ~~ ~ 111 " i ~ '{ i ~ . IA1 ~ .~li (..A•I1~14 f1 ~~t 9~i IIF t-1 Ll~irlvll .y. tl{ p'..N1/ p I I~ r ~I _i4~111{ ~t~Yv~r.9lti/t.11{'Y L~l'ai ~ ~!i9 ~ 4gt L x1' 4`^l iv{ 1 u. Fru e.aa 1... .-., il~ .. u lr-. ... , ., u. vv'..2 zln 1 , J l i: lR tl ~ i l . . . Republic Waste Services, trash and 1st event date None provided until work One 4-yard bin for Vash collection, one 4-yard $ 321.73 recycling services for 1st amnesty event to be performed for recyclables collection, 8 96-gallon carts announced Same as above 2nd event date None provided until work Same as above $ 321.73 to be performed announced Same as above 3rd event date None provided until work Same as above $ 321.73 to be performed announced Same as above 4th•event date None provided until work Same as above $ 321.73 to be performed announced 286.92 $ 1 Subtotal , Waste Tire Amnesty Grant Program Budget 1111a4ariair Canvac clinhnanis. lrafflC CnnP.S_ P.tC ~.~!e ldld l.. sl: ~i'fe li ~.. ,v. h.u.r.a'1 .I', L'~_Jt .y I IC fl; ;'rfl V rI PSI .tl r,. rv , r (~.r I•I'.1 kl ijL Il .4 Fr y1 I v- I.:f I i r. Fr l ^' ~ ~ ~ ~ i,11L 17f ril i~rtltA .I. .I ~ ~~ir Yl ~J J ~U` ~ fir r 'r. I.51 _mld{~~,,ly A"I ~ri ry.-} .ffl'~.11'. i~;~i R~" Y4 , ttSV iab ~#'~` ~ ~ '411JI~n 4111'1IMx I~T"~,,v~tL+L FY ..~"L}dlreY[Irr.: J r'I~~i.. .Lr!![`~L .,-~jl~f y`iyr~•.1T(ilL4 r .2.:.., t r.. ~kF~I l 1n Quad#it ' r I' ~ ' ~ ~ l~jf~Y41t ''.,r Tj`~'~~ I ~!'1~1i11=~ lrvipt {f. tl."~' I`r ~ r 11 !. i nl~bl~anAmPilsr~ +i l `i ,l t,ly IEt.r s~r ;, .1 ntw e I_I ~,1+~eJr. e 'pPIe~~iFlu,1~~ F~ 'n''r'~' v~ ~ F 7, ~ `F~ ~ ir ' I<I r f F` ~_I#,ss_r(;, yy/Y. (~r~~!!''((''tt:`k,i ~ u~ I V~~~ e ~ ;~4.,: ; X,r~,~ 1~r' r .I vj ~~IIOlvl:p~-ip61 I: I~I 41di{F MII S ;fl: 3 ) , L ~~ F y t ~ ira i ~~ f,~~ay '. s. r+r lll §~r' i+.a,(I.,F},,, at ,t` ., !.,:.. I ~{I T.,l t .~~a I.6~ ,'i Y4 ~ ~ l ., 1 s Iln. f, II},:F 1 v ,~ ,i~„'f~~~ ~ti'~1,',d, d{~l i4 4 J;~gg 1 ~I::r .Y,.. ,.u l.:t ~. e~,. ri1.Fr64.f}; Ifl P .... fi .tl IF h 1 r f . i.F '~ ,! 1;. {.,h .~ (:.idfe ' Hudson Safe-T-Cite Rentals Traffic cone J _: . T v ^ 1st event date r _ , rti. r i . „ . , , . None provided until work . .. .... ... 350 Traffic cones, 50 Type I barricades with $ 1,340.00 and signage rental to be performed directional signs, delivery and pick up announced Hudson Safe-T-Cite Rentals Traffic cone 2nd event date None provided until work 350 Traffic cones, 50 Type I barricades wkh $ 1,340.00 and signage rental to be performed directional signs, delivery and p[ck up announced Hudson Safe-T-Cite Rentals Traffic cone 3rd event date None provided until work 350 Traffic cones, 50 Type I barricades with $ 1,340.00 and signage rental to be performed directional signs, delivery and pick up announced Hudson Safe-T-Cite Rentals Traffic cone 4th event date None provided until work 350 Traffic cones, 50 Type I barricades with $ 1,340.00 and signage rental to be performed directional signs, delivery and pickup announced I Subtotdl' $ 5,360.00 w Frillnarinrr rest of advartisinn/educationa{ materials. including personnel Up to 10% of Budget. ilvu •'l,rl .Ir .r1 ~! '.:I4. Lx. {1• ~I'. ~,! 1 ,.q .,,1 l~.r;I l7 L.'1 1ii'R1 YF .L'T i-'r r .'lll.ll llli(J:~(l~~Ililgn [fli TrrF jFfS r{ir .f lr.' 1.~ .r114 ~JI yy~~ if: 1 '~ t :roll? ' rll j~'F N Ir~II'~ t ~ N 11f1 it ~S.~iNn .~t I'r.r U~ur ~~11,,JJ r G. fyy I ` ' ° ~:": 1. 14'41.y-'r l~:!~' ti. ~~,1µ~,'~fltC.l p9~(7.' 1f4 y-,,.,b~~a~ra 9~~e. ~ T"!£vi.(. M A:. r. it ~ ~ I J '1!' J ~~ LIF! I~ ~ ~ I 1 ~ .l~~i~.1 1: f.l :.f]~3.rr q-"i' {r%Ii en llli rBlr ..i vf,l"j.'"1( R ,..11~ dr 1 '.~ l.y 4'l ZI.Xy~1^.-.)~i IF: 'i. i~rc l~nij~lll' .~'i11J:1 I'.II~ y 11. ~ .1 d ~: K.: i+'~ ~y~ll r: I ~ ~ y. ryy! r ~C ` r e~{t p I 1 ~~I I, ,tl 1"' ,y1 1 I 'l ~~ran i I - ~ ~ •~Y•~Ai41: rte,: d. 11114. ~~ d t~"1~F^ r X11 ~lrry,l 7 N.I c ~~Il,; t }3r ~r1 ~'y~ .,{I Ir .re ~ ~ !1 [r ~ { Y ~ {I I ~ Tfff ! ' 1n. . /~ '. Ir ~l T .i: f' rl 1 Y: nr~Q ~~ ttV~a 1 f. r 'r~ ' fd ' ~ i:t ' F- 1 ' ~ A "i~ !I . L r ~ ~1 ~th~I1.;~~ n~lvf .jl~ ~ f B l~ ii . µ ~i1t~~{ 1~. ~'lr;! ..f i~:i'I"^, I~Ii li. ''' M~Tr;i>~115~iY' ~'? € I h ~ l Mi '.11"Ir I.IF{I~,f~:~. I~ ^fry~~51 t~l~ ~'J Ilk A I '!1 o~ 11'~t/ ~, IfHf: M1~ij ~11 ~, ~1 7ktPA'~ 'k~I f~fsl?'!~r ~f~'h II~~c~~n `G Y ~ 51}'i 11 `~I('Y ~ NCI G~ll~~. j~~'~ PF~`2AIpi„r~. 1., r.l.l~..,l;il: ~.rtn .. . f ll~ r• R , ~ 1 F 1.I~ ::l~~l~ fY 1` i 1 v I;III ~r II .E , v v r ~ l . Spirit Graphics; promotional postcards 1st event date None provided until work 51,000 7"X10 postcards on 50% post consumer $ 824.75 printing costs to be performed recycled paper, soy based (nk announced Spirit Graphics, promotional postcards 2nd event date None provided until work 51,000 7"X1 D postcards on.50% post consumer $ 824.75 printing costs to be performed recycled paper, soy based ink announced Spirit Graphics, promotional postcards 3rd event date None provided until work 51,000 7"X10 postcards on 50% post consumer $ 824.75 printing costs io be performed recycled paper, soy based ink announced Spirit Graphics, promotional postcards 4th event date None provided until work 51,000 7"X10 postcards on 50% post consumer $ 824.75 printing costs to be performed recycled paper, soy based ink announced Snntnral __ _______ '$ 3,299.00 Waste Tire Amnesty Grant Program Number of Tires to be Collected: 7,200.00 + Amount Requested; $ 35,689.92 ~ Cost per Tire * $4.95 ~ I Date:1/31/2013 *Costpertire= Total Grant Request # of Tires to be collected ao I cc Work Pfan Local Government Waste Tire Amnesty Grant Program FY 20'13/14 rA I 0 Tnelude a list of all grant eligible procedures or tasks to complete the project. Refer to the Application Guidelines and Instructions for more information. • Describe the steps to be taken and the proposed schedule to complete the events • Demonstrate that tasks can be completed within timeframe specified and within the grant term • Describe involvement of cooperating organizations Annlicant Name: City of Chula Vista . Page 1 .' ~ ,-- ---' ~ ~ ' 'TASFG ESCRIPTItlN- - ': -, P .. ,. ~ ,. ~ Coordinate with Southwestern College District staff and 5fveetwater Unifaed lligh School District administrators to ~ reserve dates for tare amnesty days. ~ I .._.'.,____-', .--^ - GONTRACTbR OR $3AFF ,. , . .. City of Chula Vista staff ~` ~ T1MEF12AME ___-_ - ([p4nth(Y.eF'u month/year) _ May 2013 - August 2015 ~ ~_ Develop land-use agreements with school districts to include j City of Chula Vista staff I May 2013 - indemnity, school equipment use, day-off event activities and ~ { August 2015 i other relevant responsabilities. I . ~ ~ ~ _ ~ Y ~~ Coordinate with graphic designer to develop promotions[ _ _ City of Chula Vista staff May 2013-June 2013 postcardls to include required text per grant agreement Createtwo-party agreement/contractroith Reliable Tire San ~ Clty of Chula Vista staff/Contractor staff Apri12013-June Diego to be used for all four scheduled events ~ 2013 Request and accept quote/proposal from Hudson Safe'I' Lite ~ City of Chula vista staff/Contrator staff May 2013-June 2013 rentals for rental, delivery and pick up of type I barricades and safety cones for all four scheduled events 4 E i-_..__..-.. -~.. I ~._~~.~_.~._~_ ~__ ~ ,._.. _.__.~._..,_.__- TTsts document maybe reproaucea, enrargea ana auromrzea as necessary. Local Government Waste 71re Amnesty Grant Program, FY 2013/14 Work Pfan Local Government Waste Tire Amnesty Grant Program FY 2013114 Include a ]ist of all grant eligible procedures or tasks to complete the project. Refer to the Application Gnidellnes and Instructions for more information. • Describe the steps to be taken and the proposed schedule to complete the events Demonstrate that tasks can be completed within timeframe specified and within the grant term • Describe involvement of cooperating organizations Annlicaut Name: City of Chula Vista Page 2 ao I J r =.. ..T-,----^^-- _ -,"'-- TION ~ ESCRIP TASIC , CO~iTR/~GTOROR:$TAFF ' TIMEFRA'MS ~.- :. F , g r Imonth/year niont Uyear); rl2eview and accept proposal from County of San Diego mail ~ City of Chula Vista staff June 2013 -June I Services for the shipping and handling tire amnesty day 2015 ~ promotional postcards to be used for all four events ~ `~ ~ Prepare press releases to anuounce first fire amnesty event City of Chula Vista staff ~ October 2013 and distribute fn alI media outlets -~ ~ - - Schedule all four lire amnesty days as agreed upon by school i City of Chula Vista staff June 2013 -August districts, contractors and vendors. ~ 2013 L:.------- --- ~--------- ~_~ - t ~ __ . r Prepare site plan for ftrst tire amnesty day City of Chula Vista staff ~ September 2013 Prepare emergency plan and notify public safety, public City of Chula Vista staff 'September 2013 transportation authority, water and other utility agencies This documeN pray be repronueea, enrargea ara cus~am¢w ru ~r~e.+.,u~~-- Local Govemmen[ Waste Tire Amnesty Grant Program, FY 20t 3N4 Include a list of all grant eligible procedures or tasks to complete.the project. Refer to the Application Guidelines and Instructions for more information. 00 I N • Describe the steps to be taken and the proposed schedule to complete the events • Demonstrate that tasks can be completed within timeframe specified and within the grant term • Describe involvement of cooperating organizations Applicant Name: City of Chula Vista Page 3 ~TASKDESCRIPT19~ ~ ONTRE+CTOROR_STAFF 4mPntT~M~FR~AoM~Yesr)_- ^~ ^~ Schedule a meeting with aII parties involved one week prioY City of Chula Vista staff October 2013 to first amnesty day event to address day-off logistics and assign tasks as needed. i ~ Hold first tine amnesty event City of Chula Vista stafflcontractor staff _ October 2013 -.. ~ ~ -M Quantify results of fu•st event and present to City Council, City of Chula Vista staff October -November Conservation Commission and local environmental and 2013 ommunity groups c ~_ ~~ - I Begin planning for upcoming events using templates and City of Chula Vista staff December 2013 - ~ procedural documents from the first event `~ June 2015 Prepare first progress report and payment request ~~~ City of Chula Vista staff ~ June 2014 This document may be reprosuces, enlarges aria custorrnzea as necessary. Local Government Waste Tire Amnesty Gent Program, FY 20'13/14 Work Plan Local Government Waste Tire Amnesty Grant Program FY 2013!14 Include a list of all grant eligible procedures or tasks to complete the project. Refer to the Application Guidelines and Instructions for more niformation. • Describe the steps to be taken and the proposed schedule to complete the events • Demonstrate that tasks can be completed within timeframe specified and within the grant term ..Describe involvement of cooperating organizations Applicant Name: City of Chula Vista Page 4 J ~'` .:TAS~DESCRIRTION'~T_~~~~-- 'CONTRAt<TOROR$TAFF_^-- ~71MEFRAME ~F IIII ~ (month/year month/year) -. Quantify final collection data and prepare final report, final ~ City of Chula Vista staff ~ September 2015 payment request and 10% withhold I ~ 00 w nsay be reproduced, enlarged and customized as nuessa~y. Local Government Waste Tre Amnesty Grent ProB~am, FY 2013!14 EXHIBIT A TERMS AND CONDITIONS Local Government Waste Tire Amnesty Grant Program Fiscal Year 2013114 Tlie following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise: • "CalRecycle" means the Depaztment of Resources Recycling and Recovery. • "Executive Drrector" means the Executive Dh~ector of CalRecycle or Iris or her designee. • "Grant Agreement" and "Agreement" means all documents comprising [he agreement between CalRecycle and the Grantee for this Grant • "Grant Manager" means CalRecycle staff person responsible for monitoring the grant. "Grantee" means dre recipient of funds pursuant to this Agreement. • "Program' means the Local Government Waste Tire Arnnesty Grant Program. • "State" mearvs the State of Califonria, including, brrt not lunited to, CalRecycle and/or its desig,iated officer. 1. ACKNOWLEDGEMENTS The Grantee shall acknowledge CalRecycle's support each time projects funded, in whole or in part, by this Agreement ace publicized in any medium, including, but not limited to, news media, brochures, or other types of promotional materials. The acknowledgement of CalRecycle's support must incorporate CalRecycle logo. Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from the prescribed language on a case- by-case basis where such deviation is consistent with CalRecycle's Conununication Shategy and Outreach Plan. If, subsequent to [his Agreement, CalRecycle adopts updated or new logos or language (language), the Grant Manager may requh-e the Grantee to include this language in newly punted or generated materials. 2. ADVERTISINGI PUBLIC The Grantee shall submit copies of all draft public educafion or advertising EDUCATION materials to the Chant Manager for review and approval prior to the Grantee's production of materials. Unless onussion of the following copyright designation is pre-approved in writing by the Genf Manager, all public education and advertising materials shall state: "© {year of creation} by the California Department of Resom~ces Recycling and Recovery (CalRecycle). All rights reserved. This publication, or parts thereof, may not be reproduced without pemvssion from CalRecycle." 3. AIR OR WATER Under the State laws, the Grantee steal] not be: POLLUTION VIOLATION a. In violation of any order or resolution not subject to revrew promulgated by the State Air Resources Board or an air pollution control district; b. Subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or c. Finally detemuned to be in violation of provisions of federal law relating to air or water pollution. 4. AMENDMENT No amendment or vaziation of the ternrs of this Agreement shall be valid unless made in writing, signed by the parties, and approved as regrured. No oral understandhr¢ or agreement not incorporated irrto this Agreement is bindin o~ n _ revised 71/13/2012-Competitive T's & C's 8-14 any of the parties. This Agreement may be amended, modified or augmented by muhral consent of the patties, subject to the requirements and restrictions of this paragraph. 5. AMERICANS WITH The Grantee assures the State that it complies with the Americans with DtsASlunes Acr Disabilities Act (ADA) of 1990, which prolubifs discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101 et seq.) .__. _ ._..-- __ __ ... .. _ _...__._ - _.. _ _- 6. ASSIGNMENT, ~ Y ~ y a. Tlns A Bement ma not be assi ed b the Grazrtee, either in whole or in SUCCESSORS AND patT, without Ca]Recycle's prior written consent. ASSIGNS b. The provisions of this Agreement shall be binding upon and inure to the benefit of CalRecycle, the Grantee, and their respective successors and assigns. 7. AUDIT/RECORDS The Grantee agrees that CalRecycle, the Department of Finance, the Bureau of access State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertainuig to the performance of tlris Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action azid resolution of all issues which may arise as a result of azry litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who nvght reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and uiterview staff in any contact or subcontract related fo performance of this Agreement. [You nsay find it helpfitl Lo share the 'terms and Conditions alad Procedures and Requil°enients r~~th your finance department, conh•actors caul subcontractors. Examples ofaudit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, persomzel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, ancUor cancelled checks.) 8. AUTHORIZED The Grantee shall continuously maintain a representative vested with signahlre REPRESENTATIVE authority authorized to work with CalRecycle on all grant-related issues. The Grantee shall, at all times, keep the Grant Manager informed as to the identity and contact information df the authorized representative. 9. AvaaAeiurr of FUNDS CalRecycle's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant. 1 O. BANKRUPTCY/ If the Grantee files for protection under Chapter 9 of the U.S. Bankrtptcy Code DECLARATION OF or declares a fiscal emergency at any time doting the Grant Performazice Period, FISCAL EMERGENCY the Grantee shall notify CalRecycle within 15 days of such filing or declaration, NOTIFICATION pursuant to [he procedures set forth in the section entitled "Communications" herein. 11. CHILD SUPPORT For any agreement in excess of $100,000, the Grantee aclaiowledges that: COMPLIANCE ACT a. The Grantee. recognizes the importance of child and faz7uly support obligations and shall fully comply with all applicable state and lederal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with eanungs assignment orders, as provided in Chapter 8 (covunencing with Section 5200) of Part 5 of Division 9 of [he Fanvly Code; and revised 11/1 312 012-Competitive T's & C's 8-15 b. The Grantee, to the best of its knowledge, is fully complyh7g with the _ earnings assigmnent orders of all employees, and is providulg the names of all new employees to the New Hire Registry maintained by the Califonria Employment Development Department. 12. CCMMUNICAT10N5 All COmllllln]C8t10TL5 from the GTantee IO CalReCyC1C Shall be directed t0 the Grant Manager. All notices, including reports and payment requests, required by this Agreement shall be given ur writing by E-mail, letter, or FAX to the Grant Manager as identified in Exhibit B-Procedures and Requirements. L` an original document is required; prepaid mail or personal delivery to the Grant Manager is required following the E-mail or FAX. 13. COMPLIANCE The Grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The Grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The Grantee shall maintain compliance with such requirements tlu~oughout the grant period. The Grantee shall ensure that the requirements of the Califonria Environmental Quality Act are met for any approvals or other requirements necessary to can'y out the terms of this Agreement. Any deviation from the requirements of this section shall result in non-payment of grant funds. With each Pa}nnent Request (CalRecycle 87), the Grantee's signature authority shall subnv[ an updated General Checklist of Permits, Licenses, and Filings (CalRecycle 669), if applicable: The General of Penrtits, Licenses, and Filings (CalRecycle 669) is available at: hftp•//vrww calrecycle ca eov/Gtants/('om~s. 14. coNnmoN After the Grant Agreement has been executed by both parties, the Grant will be SUBSEQUENT subject to the following condition: The Grantee agrees not to file for protection under Chapter 9 of the U.S Bankruptcy Code or to declare a fiscal emergency _any time within the Grant Performance Period. _____ __. 15. coNFUCr of INrErtt=_sr .The Grantee needs to be aware of the following provisions regarding cun'enl or former state employees. If the Grantee has any questions on the status of any person rendering services or involved with this Agreement, CalRecycle must be contacted immediately for clarification. Current State Enthloyees (Public Contracts Code (PCC) § 10910): a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or fmided by any state agency, unless the employment, ac5vity, or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as ur independent contractor with auy state agency to provide goods or services. Fa•nter State Employees (PCC § 10411) a. For [he two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, asangements or any part of the decision-making process relevant to the conhact while employed in azry capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-makuig position in the same general subject area as the proposed contract withhi the hvelve month period prior to his or her leavhig state service. if the Grantee violates any provisions of above_~ara~ra~lus, such action by the revised 1117 3/20 12-Competitive T's 8 C's 8-1fi Grantee shall render this Agreement void. (PCC § 10420). 16. CONTRACTORS/ The Grantee will be entitled to make use of its own staff and such oonh'actots suscoNTRACroRS and subcontractors as are mutually acceptable to the Grautee and CalRecycle. Any change in contractors or subcontractors must be mutually acceptable to the parties. Immediately Capon termhiation of any such contract or subcontract, the Grantee shall notify the Gmrrt Manager. Nothing contained in this Agreement or otherwise, shall create any contractual relation between CalRecycle and any contractors or subcontractors of Grantee, and no agreement with contractors or subcontractors shall relieve the Grantee of its responsibilities and obligations heremider. The Grantee ag'ees to be as fully responsible to CalRecycle for the acts and omissions of its contractors acid subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Cn'azt{ee. The Grantee's obligation to pay its contractors and subcontractors is an independent obligation from CalRecycle's obligation to make payments to the Grantee. As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor. 17. corvRtcHrs ANO a. To the extent the Grantee shall have the legal right to do so, Grantee shall TRAOEmARKS assign to CalRecycle any and all tights, title, and interests to any copyrightable material or trademarkable material created or developed in whole or in any part as a result of this Agreement, but which originated from previously copyrighted or trademarked material. With respect to all other copyrightable and trademarkable materials, CalRecycle shall retain arry and all rights, title andu7terests to any copyrightable material or trademarkable ntateria] created or developed in whole or iu any part as a result of this Agreement. These rights, both assigned and retained, shall include the right to register for copyright or trademark of such materials. Grantee shall require that its contractors and subcontractors agree that all such materials shall be the property of CalRecycle. The Grantee is responsible for obtahting any necessary licenses, pentussions, releases or authorizations to use text, images or other materials owned, copyrighted or trademarked by third parties and for assig<iiug such licenses, pemussions, releases, or authorizations fo CalRecycle pursuant to [his section. Copies of any licenses, pemtissions, releases or authorizations obtained pursuant for the use of text, images or other materials owned, copyrighted or trademarked by thh'd parties shall be provided to the Grant Manager. Under umtsual and very limited circumstances, where to do so would not conflict with the rights of CalRecycle and would serve the public interest, upon k7itten request by the Grantee, CalRecycle may give, at the Executive Director's sole discretion, written consent to the Grantee to retain all or any part of the ownership of these rights. b. CalRecycle hereby grants to the Grantee a royalty-free, nonexclusive, noutransferabte world-wide license to reproduce, translate, and distribute copies of the copyrightable materials produced pLU'suant this Agt'eeruent, for nonprofit, non-commercial purposes, utd to have or pemut others to do so ou the Grantee's behalf. This license is limited to the copyrightable materials produced pursuant to this Agreement and does not extend to arty materials capable of being bademarked. The following shall appear on all intellectual property used by Contractor puusuant to this license, solely for the purpose of protecthig CalRecycle's intellectual property rights therein: "© {year of ___ creation~l~ the Department of Resources Recycling and Recovery _ revised 11/13/2012-Competitive T's & C's 4 8-~~ (Ca]Recycle). Used pursuant to license grauted by CalRecycle. All rights reserved. This publication, or parts thereof, may not be reproduced without permission." 18. CORPORATION When work under this Agreement is to be perfom~ed in California by a QUALIFIED DOING CnrpOiatlort, the corporation shall be in good standing and currently qualified to nuslNESS w do business in the State. "Doing business" is defined u~ Revenue and Taxation CALIFORNIA Code Section 23101 as actively engaging in any transaction for the purpose of f naztcial or pecuniary gain or profit. 19. DISCLAIMER OF Ca]Recycle makes no wan~anties, express or implied, including without WARRANTY limitation, the implied warranties of merchantability and fitness for a particular purpose, regardutg the materials, equipment, services or products purchased, used, obtained and/or produced with fiords awarded under this Agreement, whether such raterials, equipment, services or products are purchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CalRecycle employees or agents have any right or authority to make any other representation, wazTanty or promise wide respect to any materials, equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall CalRecycle be liable for special, incidental or consequential daniages arising from the use, sale or distribution of azry materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement. 20. DISCRETIONARY The Executive Director shall have the right to terminate this Agreement at his or TERMINATION her sole discretion at any time upon thirty (30) days written notice fo the Grantee. Within forty-five (45) days of receipt of written notice, Grantee is required to: a. Submit a final written report describing all work performed by the Grantee; b. Submit an accounting of all grant funds expended up to and including the date of terntination; and, c. Rehnburse CalRecycle for any unspent fiords. 21. DISPUTES Utiless otherwise instructed by the Grant Manager, the Grantee shall continue with its responsibilities under this Agreement during any dispute. 22. DRUG-FREE The person sigi~ing dtis Agreement on behalf of the Grantee certifies under WORKPLACE penalty of perjury under the laws of Califonnia, that the Grantee will comply with cERnFicnnDN the requirements ofthe Drug-Free Workplace Act of 1990 (GC § 8350 et seq.) and wIll provide adrug-free workplace by takhig the following actions: a. Publish a statement notifying employees that unlawful maznifacture, distribution, dispensation, possession or t>se of a controlled substance is prohibited and specifying actions that will be taken against employees for violations b. Establish a dmg-free awazeness program to inform employees about all of the following: (1) the dangers of drug abuse in the workplace, (2) the Grantee's policy of mauitaining a drug-free workplace, (3) any available counseling, rehabilitation, and employee assistance programs, and (4) penalties that may be imposed upon employees for drug abuse violations. c. Require that each employee who works on the grant: (1) receive a copy of the drug-free policy statement of the Grantee, and (2) agrees to abide by the terms of such statement as a condition of employment on the gi ant. 23. EFFECnvENESS of Tlus Agreement is of no force or effect tmtil signed by both parties. AGREEMENT ___ __._,_...._.__.__ revised i1/13/2012-Competitive T's & Cs a-ia 24. ENTIRE AGREEMENT This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire Agreement of the parties. 25. ENVIRONMENTAL In the petfonnance of this Ageement, the Grantee shall conduct its programs, ~usncE policies, and activities that substuitially affect human health or the environment i.u a manner that ensures the fair treatment of people of al] races, cultures, and income levels, including minority populations and low-income populations of the State. 26. ExPATRIATE The person sigiLing this Agreement on behalf of the Grantee certifies under CORPORATIONS penalty of perjury Linder the laws of California, that the Grantee is not an expah~iate corporation or subsidiary of az7 expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of Califonia. 27. FAILURE TO PERFORM CalRecycle will benefit from the Grantee's full compliance with the tem'LS of this AS REQUIRED BY THIS Agreement only by the Grantee's: AGREEMENT. a. Investigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or tcycling of wastes; or b. Cleanup of the environment; or c. Enforcement of solid waste statutes azid regulations, as applicable. Therefore, the Grantee shall be in compliance with this Agteement only if the work it performs results in: a. Application of inforntation, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste; or b. The cleanup of the environment; or c. The enforcement of solid waste statutes and regulations, as applicable. If the Grant Manager detemines that the Grazitee has not complied with the Grant Agreement, the Grantee may forfeit the right to reimbursement any grazit funds not already paid by CalRecycle, including, but not limited to, the ten percent (10%) withthold. 28. FORCE MAJEURE Neither CalRecycle nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperfom~ance of this Agreement, to the extent that such delay, default, or nonperfomtance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contnigencies unforeseen by CalRecycle or the Cnantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party. 29. FORFEIT OF GRANT If grant funds are not expended, or have not been expended, in accordance with FUNDS/REPAYMENT OF this Agreement, or if real or personal property acquired with grant fiords is not FUNDS IMPROPERLY being used, or has not been used, for grant purposes in accordance with this EXPENDED Agreement, the Executive Dh~ector, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant fluids, including, but not limited to, the ten percent (10%) withhold, and/or to repay to CalRecycle any funds improperly expended. 30. GENERALLY AcceprEO The Grantee is required to use Generally Accepted Accomiting Principles in AccouNmrtG documenting all grant expenditures. PRINCIPLES revised 11/13/2012 -Competitive T's & C's a-is 31. GRANT MANAGER'S The Grant Maziager does not have the authority to approve any deviation from or AUTHORITY revision to the Temts and Conditions (Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and Requirements (Exhibit B). 32. GRANTEE The Grantee is ultimately responsible turd accountable for flte mamzer in which AccouNrABaIrY the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. ht the event an audit should detenviue that grant fiords are owed to CalRecycle, the Grantee is responsible for repayment of the funds to CalRecycle. 33. GRANTEE's The Grantee agrees to indemnify, defend and save harmless the State and INDEMNIFICATION AND CalRecycle, and their officers, agents and employees from any and all claims and DEFENSE OF THE losses accming or resulting to any and all contractors, subcontractors, suppliers, STATE laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in comiection with the performance of this Agreement, artd from any and all clahns and losses accming or resulting to any person, firm or corporation who maybe injured or damaged by the Caautee as a result of the perfomtance of this Agreement 34. GRANTEE'S NAME A written amendment is required to change the Grantee's name as listed on This CHANGE Agreement. Upon receipt of legal documentation of the name change, CalRecycle will process the amendment. Pa}nnent of Payment Requests presented with a new name cannot be paid prior to approval of the aznendment. '_ 35. IN CASE OF In the event of an emergency, or where there is an imminent threat to public health EMERGENCY and safety or the environment, the Grantee may choose, at its own risk, to incur grant-eligible expenses not previously included in the approved Budget, subject to subsequent approval by the Grant Manager of both the Budget change and the need to implement [he Budget change on an emergency basis. The Grantee shall notify the Grant Manager of the emergency and the Budget change at the earliest possible oppomrrtity. CalRecycle reserves the right to accept or reject the Grantee's dekennination that the circumstances constituted an emergency or a tlu-eat to public health aztd safety or the environment. If the Grant Manager detemtines that the circumstances did not constihrte an emergency or a threat to public health or safety, the Budget change will be disallowed. __ 36. NAnoNAL The person signing this Agreement on behalf of the Cnantee certifies tinder LABORRELATIONS penalty of perjury that no more than one final unappealable finduig of contempt BOARD CERTIFICATION of court by a federal court has been issued against the Grantee within the immediately preceding two-year period because of the Grantee's failure to comply with an order of a federal court which orders the Grantee to comply with an order of the National Labor Relations Board. (Not applicable to public 37. NO AGENCY RELATIONSHIP CREATED/ INDEPENDENT CAPACITY entities.) _ The Grantee artd the agents and employees of Grazrtee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of CalRecycle. 38. NO WAIVER OF RIGHTS CalRecycle shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writhig and signed by CalRecycle. No delay or omission on the part of CalRecycle in exercising any rights shall operate as a waiver of such right or any other right. A waiverby CalRecycle of a provision of this Api-eement shall not prejudice or constitute a waiver of Ca1R~cle's right __ revised 11/i3/2012-Competitive T's 8 Cs 8-20 otherwise io demand strict compliance with that provision or azry other proviston of this Ageement. No prior waiver by CalRecycle, nor any course of dealing between CalRecycle and Grantee, shall constitute a waiver of any of CalRecycle's tights or of any of Grantee's obligations as to any future trazisactions. Whenever the consent of CalRecycle is required under this Ageement, the gantuig of such consent by CalRecycle in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent maybe granted or withheld in the sole discretion of CalRecycle___ ______-_-_-_ _„____ _: __._.-_.__. 39. NON-DISCRIMINATION a. During the performance of this Agreement, Grantee and its contractors shall cv+usE not unlawfully discrhrtittate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in Govetntnent Code §§ 12900 et seq. b. The person signing this Agreement on behalf of the Grautee certifies under penalty of perjury tinder the laws of California that the Grantee has, unless exempted, complied with the nondiscrhnination program requirements (Goverrunent Code § 12990(a-f)) and California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.) 40. ORDER OF The perfornance of tlus grant shall be conducted in accordance with the Tetras PRECEDENCE and Conditions, Procedures and Requirements/Project Sumtnaty, Work Plaz~/hnplementation Schedule, and Budget of this Agreement, or other combination of Exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as "Terms"). CalRecycle's Grant Application and Grant Application Guidelines and htstmctions (collectively refen~ed to as "Grant Application Package") and the Grantee's CalRecycle-approved Application (Grantee's Application) are hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply: a. Grazrt Ageement Coversheet and any Amendments thereto b. Terms and Conditions c. Procedures and Requirements/Project Summary d. Grant Application Package e. Work Plan/hnplementation Schedule and Budget, if applicable f Grantee's Application All other attachments hereto, including any that are u~corpotated by reference. 41. owNERSNIP of The State shall have separate and independent ownership of all drawings, design DRAWINGS, PLANS, plans, specifications, notebooks, tracings, photogaphs, negatives, reports, AND SPECIFICATIONS findings, recommendations, data, software, and memoranda of every description or any part thereof, paid for in whole or in any part with gant funds. Copies thereof shall be delivered to CalRecycle upon request. Grantee agrees, and shall require that its contractors, subcontractors, and vendors agree, that the State shall have the full right to use said copies in any inamter when and where it stay determine without any claim to additional compensation. 42. PAYMENT a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maxinmm amount of allowable costs for each of the tasks identified ih the Work Plan, if applicable, which is attached hereto and inc~otated herein bus reference. CalRecycle shall revised 11/13/2012 -Competitive T's & C's 8-21 reimburse the Grantee for only the work and tasks specified in flee Work Plan or the Gtant Application at only those costs specified in the Budget and incun~ed in the term of the Agreement. b. The Grantee shall cant' out the work described on the Work Plan or in the Grant Application in accordance with the approved Budget, and shall obtain the Grant Manager's written approval of any changes or modifications to the Work Plan, approved project as described in the Grant Application or the approved Budget prior to performing the changed work or incuning the changed cost. If the Grantee fails to obtain such prior written approval, the Executive Director, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Gran[ee shall request rehnbursement in accordance with the procedures described hi the Procedures and Requirements. d. Ten percent (10%) will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated iu this Agreement have been satisfactorily completed. Failure by the Grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld pursuant to CalRecycle's ten percent (10%) retention policy. e. Lodgings, Meals and Tncidentals: Cn'antee's Per Diem eligible costs are limited to the amounts authorized in the Califonua State Adnlirtistrative Manual (contact your Grant Manager for more hifomiation). £ Payment will be made only to the Grantee. g. Reimbursable expenses shall not be incuned unless and until the Grantee receives a Notice to Proceed as described in Exhibit B -Procedures and Requirements. 43. PERSONAL The Grantee consents to personal jurisdiction in the State of Califonna for all JURISDICTION proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American 'Tribal Gratrtees expressly waive tribal sovereign immunity as a defense to azry and all proceedings conceming the validity and operation of this Agreement and the petfotmauce of the obligations imposed upon the parties. 44. PERSONNEL COSTS If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, auy petsotmel expenditures to be reimbursed with grant funds must be computed based on actual tune spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regulaz job duties, including a proportionate share of any benefits to which the employee is entitled, wiles otherwise specified in the Procedures and Requirements (Exhibit B). 45. REAL AND PERSONAL a. All real alld pCl'SOnal property, including equipment and supplies, acquired PROPERTY ACQUIRED with grant funds shall be used by the Grantee only for the purposes for which WITH GRANT FUNDS CalRecycle approved their acquisition for so long as such property is needed for such proposes, regardless of whether [he Grantee continues to receive grant fiords from CalRecycle for such purposes. In no event shall the length of time durnig which such property, including equipment and supplies, acquired with gt2nt funds, is used for the purpose for wltich CalRecycle approved its acquisition be less than five (5) yew's after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California. b. Subject to the obligations and conditions set forth in this section, title to all -~ _real and personal pro~'t3_ acquired with grazrt fiords, includuig all equi~nent revised 11/13/2012 - Gampetitive T's & Cs 8-22 and supplies, shall vest upon acquisition in the Grantee. The Grantee may be required to execute all documents required to provide CalRecycle with a security urterest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that CalRecycle sha(1 be in first priority position with respect to the security interest on any such property acquired with the grant fwtds, unless pre-approved in writing by the Grunt Manager that CalRecycle will accept a lower priority position with respect to the security interest on the property. Grantee shall infomt any lender(s) from whom it is acquiring additional funding to complete the property purchase of this grant condition. c. The Grantee may not transfer Title to auy real or personal property, includuzg equipment and supplies, acquired with grant funds to any other entity without the express authorization of CalRecycle. d. CalRecycle will not reimburse the Grantee for the acgt»sition of equipment that was previously purchased with CalRecycle grant funds, uriless the acquisition of such equipment with grazrt fiords is pre-approved in writing by the Cnant Manager. In the event of a question concerning the eligibility of equipment for g'azt[ funding, the burden will be on the Grantee to establish the pedigree of the equipment. 46. RECYCLED-CONTENT All documents subnutted by the Grantee must be printed double-sided on PAPER recycled-content paper containng one hmrdred percent (100%)post-consmner (PC) fiber. Specific pages containing full colof photographs or other ink- httensive graphics may be printed on photographic paper. 47. REDUCTION OF WASTE In the performance of this Agreement, grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate. 48. REDUCTION OF WASTE Unless otherwise provided for in this Agreement, in the perfonnauce of this nRES Agreement, for all purchases made with grant funds, including, but not limited to equipment and [ire-derived feedstock, the Grantee shall purchase aztd/or process only California waste tires and California waste tire-derived products. As a condition of final payment under this Agreement, the Grantee nmst provide doctunentation substantiating the source of the fire materials used during the performance of tins Agreement to the Grant Manager. 49. REMEDIES Unless otherwise expressly provided herein, the rights and remedies hereunder are in addifion to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of azty other right or remedy. 50. sevERASturv If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without afl'eciing any other provision of this Agreement To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its teens. 31. SITE ACCESS The Grantee shall allow the State to access sites at which grant funds are expended and related work being performed at auy time during the performance of the work and for lunety (90) days after completion of the work, or until all issues related to the grant project have been resolved. revised 11/13/2012 -Competitive T's & C's t ~ 8-23 52. STOP WORK NOTICE h~unediately upon receipt of a written notice from the Grant Manager to stop work, the Grantee shall cease al] work under this Agreement. ------ ----- -------- 53. TERMINATION FOR --------- CalRecycle may terminate this Agreement and be relieved of any payments c,ausE should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such Termination, CalRecycle may proceed with the work in any rrtarmer deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from any sum due the Grantee tinder this Agreement. Termination pursuant to this section may result in forfeiture by the Grantee of any funds retained ptrsuant to CalRecycle's ten percent (10%) retention policy. 54. TIME IS OF THE Time is of the essence to this Agreement. ESSENCE _____ _ _ _ _ _ 55. TOLLING OF STATUTE The Statllte of lmutations foT brlllgl(lg any aetlOn, adlrllnlStl'at1Ve Or C1V11, t0 OF LIMITATIONS enforce the terms of this Agreement or to recover any aniounts determined to be owing to CalRecycle as the result of any audit of the gent covered by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the Grantee to the Faecutive Director and/or the Board. 56. UNION ORGANIZING By signing this Agreement, the Grantee hereby acknowledges the applicability of Government Code §§ 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that: a. No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees perfonnhrg work under this Agreement. b. If the Grantee makes expenditures to assist, promote, or deter twion organizing, the Grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that Cn-antee shall provide those records to the Attorney General upon request: 57. VENUE/ CHOICE OF a. All proceedings concering the validity azrd operation of this Agreement aztd LAW the perfonmance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. b. 11ie laws of the State of California shall govern all proceedings concenring the validity and operation of this Agreement and the perfomtance of the obligations imposed upon the parties hereunder. 58. WAIVER OF CLAIMS The Grantee agrees to waive all claims and recourse against the State, its AND RECOURSE officials, officers, agents, employees, and servants, includu-rg, but not linvted to, AGAINST THE STATE the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way comiected with or incident to this Agreement Tlus waiver extends to any loss incurred attributable to airy activity undertatceu or omitted pursuant to this Ag~eement or any product, structure, or condition created pursuant to, or as a result of, this Agreement. 59. WORK PRODUCTS The Grantee must provide CalRecycle with copies of all final products identified in the Work Plan. 60. woRKERS' The Grantee is aware of Labor Code section 3700, wluch requires every coMPENSnnoN/ employer to be insured against liability for Worker's Compensation or to LaeoR CooE undertake self-insurance in accordance with the Labor Code, and the Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement revisetl 1l/13/2D12-Competitive T's & C's 1t 8-24 B RESOLUTION NO. RESOLUTION OF THE CHULA VISTA CITY COUNCIL AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL CALRECYCLE GRANTS FOR WHICH THE CITY OF CHULA VISTA IS ELIGBLE AND AUTHORIZING THE PUBLIC WORKS DIRECTOR OR DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS AND IMPLEMENT PROJECTS FUNDED BY CALRECYCLE GRANTS, FOR A PERIOD OF FIVE YEARS WHEREAS, Public Resources Code sections 40000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste Management Board, to administer various Grant Programs (grants) in furtherance of the state of California's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require among other things, an applicant's governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it authorizes the submittal of application(s) to CalRecycle for all grants for which Chula Vista is eligible; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the Public Works Director or his/her designee is hereby authorized and empowered to execute in the name of the City of Chula Vista all grant documents, including but not limited to, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project; and BE IT FURTHER RESOLVED BY THE City Council of the City of Chula Vista that these authorizations are effective for five years from the adoption of this resolution. Presented by Approved as to form by /~' Richard Hopkins Glen R. Googins ~~i~ ~, Director of Public Works City Attorney - ua 8-25