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HomeMy WebLinkAbout2014-07-08 Item 09 City of Chula Vista Staff Report File#:14-0363, Item#: 9. RESOLUTIONNO.2014-125OFTHECITYCOUNCILOFTHECITYOFCHULAVISTA ACCEPTINGAGRANTAWARDFROMCALRECYCLEFORTHEREGIONALUSEDOIL COMPETITIVEGRANTPROGRAMOF$916,800ANDAPPROPRIATINGSAIDAMOUNTTOTHE WASTE MANAGEMENT & RECYCLING FUND (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY TheCityofChulaVista,astheleadagency,hasbeenawardeda$916,800RegionalUsedOil CompetitiveGrantfromCalRecycletoenhancepubliceducationandoutreacheffortsforthe RegionalUsedOilandOilFilterRecyclingProgram.StaffisrequestingthatCouncilappropriatethe funds to the Waste Management Fund. ENVIRONMENTAL REVIEW TheDevelopmentServicesDirectorhasreviewedtheproposedactivity,AppropriatingGrant RevenuefortheRegionalUsedOilandOilFilterRecyclingProgram,forcompliancewiththe CaliforniaEnvironmentalQualityAct(CEQA)andhasdeterminedthattheactivityisnota"Project"as definedunderSection15378(b)(4)oftheStateCEQAGuidelinesbecausetheactivityis appropriatingfundsfortheRecyclingProgramonly,therefore,pursuanttoSection15060(c)(3)ofthe State CEQA Guidelines the activity is not subject to CEQA. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION TheCaliforniaOilRecyclingEnhancementAct(Act),whichisadministeredbytheCaliforniaNatural ResourcesAgency-DepartmentofResourcesRecyclingandRecovery(CalRecycle),isalaw designedtoreducethepotentialforillegaldisposalofusedlubricatingoilbyincreasingusedoiland oil filter collection. TheActprovidesfundingtojurisdictionssolelyforthepurposeofestablishingandmaintaininga networkoflocalusedmotoroilandfiltercollection/recyclingopportunitiesandoutreachefforts designedtoinformandmotivatethepublictorecycleusedmotoroilandusere-finedmotoroilintheir cars and equipment. TheCityofChulaVistahasadministeredtheusedoilprogramforthreeyearsastheleadagencyfor SouthBayandEastCountyjurisdictions(Coronado,ElCajon,ImperialBeach,LaMesa,Lemon Grove,NationalCityandSantee).Astheleadagency,ChulaVistaappliedforandhasbeenawarded $916,800inaUsedOilCompetitiveGrantprocessthatwillsupplementtheworkoftheexisting City of Chula VistaPage 1 of 2Printed on 7/17/2014 powered by Legistar™ File#:14-0363, Item#: 9. program by increasing public education and outreach activities. Underthenewgrant,twocommercialswillbecreatedandrunonthemajorlocalnetworks;billboard designedtolooksimilartothecommercialswillbeplacedthroughouttheregion;andfundingwillbe given to I Love A Clean San Diego to maintain the regional used oil informational hotline and website. DECISION-MAKER CONFLICT Staffhasreviewedthedecisioncontemplatedbythisactionandhasdeterminedthatitisnotsite specificandconsequently,the500-footrulefoundinCaliforniaCodeofRegulationssection18704.2 (a)(1),isnotapplicabletothisdecision.Staffisnotindependentlyaware,andhasnotbeeninformed byanyCityCouncilmember,ofanyotherfactthatmayconstituteabasisforadecisionmaker conflict of interest in this matter. LINK TO STRATEGIC GOALS TheUsedOilRecyclingProgramsupportstheCity’sHealthyCommunitygoalbyprovidingfreeused oilandoilfilterrecyclingopportunitiesthroughouttheSouthBay/EastCountywatershedregionof SanDiegoCountyandisfundedbytheStateofCalifornia‘sOilRecyclingEnhancementAct.As pollutionknowsnoboundaries,properhandlingofusedmotoroilandfiltersupstreamensuresthat ChulaVista’sriversandbayfrontwillnotbethedownstreamrecipientofthesepollutantsdueto improper disposal. CURRENT YEAR FISCAL IMPACT Ifapproved,$916,800willbeappropriatedtothefiscalyear2014-15WasteManagement& RecyclingFund’sSuppliesandServicescategory($898,800)andOtherExpensecategory(18,000). ThisappropriationwillbeoffsetbygrantrevenuesfromCalRecycle.Theprogramdoesnotrequire matching funds. ONGOING FISCAL IMPACT Thisisatwoyeargrant.TheCitywillbereimbursedforprogramcoststhroughoutthegrantperiod. However,aportionofthefundswillbewithhelduntilthefinalreportissubmitted.TheCitywillbe fully reimbursed upon submittal of the final report due to CalRecycle on April 15, 2016. ATTACHMENTS Signed Agreement Terms and Conditions Resolution Staff Contact: Lynn France City of Chula VistaPage 2 of 2Printed on 7/17/2014 powered by Legistar™ RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A GRANT AWARD FROM CALRECYCLE FOR THE REGIONAL USED OIL COMPETITIVE GRANT PROGRAM OF $916,800 AND APPROPRIATING SAID AMOUNT TO THE WASTE MANAGEMENT & RECYCLING FUND WHEREAS, the California Integrated Waste Management Act of 1989 (Public Resources Code Sections 40000, et seq.) authorizes the Department of Resources Recycling and Recovery (CalRecycle), to administer various Grant Programs (grants) in furthera generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, the California Oil Recycling Enhancement Act (ACT), administered by CalRecycle, is a law designed to reduce the potential for illegal disposal of used lubricating oil by increasing used oil and oil filter collection; and WHEREAS, the Act provides funding to jurisdictions solely for the purpose of establishing and maintaining a network of local used motor oil and filter collection/recycling opportunities, funding outreach efforts designed to inform and motivate the public to recycle used motor oil/filters, and use re-fined motor oil in their cars and equipment; and WHEREAS, the City of Chula Vista, as the lead agency for the South Bay and Beach, La Mesa, Lemon Grove, National City, and Santee), applied for and has been awarded a two-year, reimbursement grant from CalRecycle for $916,800 towards this work; and WHEREAS, this grant will supplement the work of the existing program by increasing education and outreach activities through commercials, coordinated billboard advertising, and continued funding support for a regional informational hotline and website. Resolution No. _________ Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts a grant award of $916,800 from CalRecycle for the Regional Used Oil Competitive grant program and appropriates said funds to the FY 2014-15 Waste Supplies and Services Category ($898,800) and Other Expense category ($18,000), to be offset by grant revenue. . Presented by Approved as to form by Richard Hopkins Glen R. Googins Director of Public Works City Attorney EXHIBIT A TERMS AND CONDITIONS Used Oil Competitive Grant Program Fiscal Year 2013/14 The following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise: "CalRecycle" means the Department of Resources Recycling and Recovery. "Director" means the Director of CalRecycle or his or her designee. "Grant Agreement" and "Agreement" means all documents comprising the agreement between CalRecycle and the Grantee for this Grant. "Grant Manager" means CalRecycle staff person responsible for monitoring the grant. "Grantee" means the recipient of funds pursuant to this Agreement. "Program" means the Used Oil Competitive Grant Program. "State" means the State of California, including, but not limited to, CalRecycle and/or its designated officer. ACKNOWLEDGEMENTS : funded, in whole or in part, by this Agreement are publicized in any medium, including, but not limited to, news media, brochures, or other types of promotional materials. The acknowledgement of the 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 consiste Plan. If, subsequent to this Agreement, CalRecycle adopts updated or new logos or language (language), the Grant Manager may require the Grantee to include this language in newly printed or generated materials. AIR OR WATER POLLUTION VIOLATION : The Grantee shall not be: (a)In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (b)Out of compliance with any final cease and desist order issued pursuant to Water Code section 13301 for violation of waste discharge requirements or discharge prohibitions; or (c)Finally determined to be in violation of provisions of federal law relating to air or water pollution. AMENDMENT :No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph. AMERICANS WITH DISABILITIES ACT :The Grantee assures the state that it complies with the Americans with Disabilities Act of 1990 (ADA)(42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. ASSIGNMENT, SUCCESSORS, AND ASSIGNS : (a)This Agreement may prior written consent. (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. CalRecycle Competitive Grant Terms and Conditions Revised 9/12/20131 AUDIT/RECORDS ACCESS : The Grantee agrees that CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this 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 and resolution of all issues which may arise as a result of any 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 might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the state to audit records and interview staff in any contract or subcontract related to performance of this Agreement. \[It may be helpful to share the Terms and Conditions and Procedures and Requirements with your finance department, contractors and subcontractors. Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks.\] AUTHORIZED REPRESENTATIVE : The Grantee shall continuously maintain a representative vested with signature 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 of the authorized representative. AVAILABILITY OF FUNDS : CalRecycle's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant. BANKRUPTCY/DECLARATION OF FISCAL EMERGENCY NOTIFICATION : If the Grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the Grantee shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures set forth in CHILD SUPPORT COMPLIANCE ACT : For any agreement in excess of $100,000, the Grantee acknowledges that: (a)The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and (b)The Grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. COMMUNICATIONS : All communications from the Grantee to CalRecycle shall be directed to the Grant Manager. All notices, including reports and payment requests, required by this Agreement shall be given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures and Requirements (Exhibit B). If an original document is required, prepaid mail or personal delivery to the Grant Manager is required following the email or fax. 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 throughout the Grant Term. The Grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. The Grantee shall en CalRecycle Competitive Grant Terms and Conditions Revised 9/12/20132 have all local, state, and/or federal permits, licenses, registrations, certifications, and approvals required to perform the work for which they are hired. Any deviation from the requirements of this section shall result in non-payment of grant funds. CONFLICT OF INTEREST : The Grantee needs to be aware of the following provisions regarding current 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 Employees (Pub. Contract Code, § 10410): (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 funded by any state agency, unless the employment, activity, 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 an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code, § 10411): (a)For the 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, arrangements or any part of the decision-making process relevant to the contract while employed in any 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-making position in the same general subject area as the proposed contract within the twelve month period prior to his or her leaving state service. If the Grantee violates any provisions of above paragraphs, such action by the Grantee shall render this Agreement void. (Pub. Contract Code, § 10420). CONTRACTORS/SUBCONTRACTORS : The Grantee will be entitled to make use of its own staff and such contractors and subcontractors as are mutually acceptable to the Grantee and CalRecycle. Any change in contractors or subcontractors must be mutually acceptable to the parties. Immediately upon termination of any such contract or subcontract, the Grantee shall notify the Grant 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 hereunder. The Grantee agrees to be as fully responsible to CalRecycle for the acts and omissions of its contractors and 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 Grantee. The Grantee's obligation to pay its contractors and subcontractors is an independent obligation from Cal 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. COPYRIGHTS : Grantee retains title to any copyrights or copyrightable material produced pursuant to this Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world- wide license to reproduce, translate, and distribute copies of any and all copyrightable materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section. CalRecycle Competitive Grant Terms and Conditions Revised 9/12/20133 CORPORATION QUALIFIED TO DO BUSINESS IN CALIFORNIA : When work under this Agreement is to be performed in California by a corporation, the corporation shall be in good standing and currently qualified to do business in the state."Doing business" is defined in Revenue and Taxation Code section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. DISCLAIMER OF WARRANTY : CalRecycle makes no warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, 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, warranty or promise with 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 damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement. DISCRETIONARY TERMINATION : The Director shall have the right to terminate this Agreement at his or her sole discretion at any time upon thirty (30) days written notice to 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 termination; and, (c)Reimburse CalRecycle for any unspent funds. DISPUTES : Unless otherwise instructed by the Grant Manager, the Grantee shall continue with its responsibilities under this Agreement during any dispute. DRUG-FREE WORKPLACE CERTIFICATION : The person signing this Agreement on behalf of the Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a drug-free workplace by taking the following actions: (a)Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. (b)Establish a drug-free awareness program to inform employees about all of the following: (1) The dangers of drug abuse in the workplace; (2)The Grantee's policy of maintaining 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 grant. EFFECTIVENESS OF AGREEMENT : This Agreement is of no force or effect until signed by both parties. 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. ʹ ENVIRONMENTAL JUSTICE In the performance of this Agreement, the Grantee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner CalRecycle Competitive Grant Terms and Conditions Revised 9/12/20134 that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state. EXPATRIATE CORPORATIONS : The person signing this Agreement on behalf of the Grantee certifies under penalty of perjury under the laws of California, that the Grantee is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code sections 10286 and 10286.1, and is eligible to contract with the State of California. FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT : CalRecycle will benefit from the Grantee's full compliance with the terms of this Agreement only by the Grantee's: (a)Investigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycling of wastes; or (b)Cleanup of the environment; or (c)Enforcement of solid waste statutes and regulations, as applicable. Therefore, the Grantee shall be in compliance with this Agreement only if the work it performs results in: (a)Application of information, 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 determines that the Grantee has not complied with the Grant Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by CalRecycle, including, but not limited to, the ten percent (10%) withhold. FORCE MAJEURE : Neither CalRecycle nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by CalRecycle or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party. FORFEIT OF GRANT FUNDS/REPAYMENT OF FUNDS IMPROPERLY EXPENDED : If grant funds are not expended, or have not been expended, in accordance with this Agreement, or if real or personal property acquired with grant funds is not being used, or has not been used, for grant purposes in accordance with this Agreement, the Director, 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 funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to CalRecycle any funds improperly expended. GENERALLY ACCEPTED ACCOUNTING PRINCIPLES : The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures. : The Grant Manager does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and Requirements (Exhibit B). GRANTEE ACCOUNTABILITY : The Grantee is ultimately responsible and accountable for the manner in which 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. In the event an audit should determine that grant funds are owed to CalRecycle, the Grantee is responsible for repayment of the funds to CalRecycle. CalRecycle Competitive Grant Terms and Conditions Revised 9/12/20135 GRANTEE'S INDEMNIFICATION AND DEFENSE OF THE STATE : The Grantee agrees to indemnify, defend and save harmless the state and CalRecycle, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee as a result of the performance of this Agreement. GRANTEE'S NAME CHANGE : A written amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change, CalRecycle will process the amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment. IN CASE OF EMERGENCY : In the event of an emergency, or where there is an imminent threat to public health 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 the Budget change on an emergency basis. The Grantee shall notify the Grant Manager of the emergency and the Budget change at the earliest the circumstances constituted an emergency or a threat to public health and safety or the environment. If the Grant Manager determines that the circumstances did not constitute an emergency or a threat to public health or safety, the Budget change will be disallowed. NATIONAL LABOR RELATIONS BOARD CERTIFICATION : The person signing this Agreement on behalf of the Grantee certifies under penalty of perjury that no more than one final unappealable finding of contempt 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. This section is not applicable if the Grantee is a public entity. NO AGENCY RELATIONSHIP CREATED/ INDEPENDENT CAPACITY : The Grantee and the agents and employees of Grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of CalRecycle. NO WAIVER OF RIGHTS : CalRecycle shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing 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 waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a waiver of this Agreement. No prior waiver by CalRecycle, nor any course of dealing between CalRecycle and any future transactions. Whenever the consent of CalRecycle is required under this Agreement, the granting 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 may be granted or withheld in the sole discretion of CalRecycle. NON-DISCRIMINATION CLAUSE : (a)During the performance of this Agreement, Grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in Government Code section 12900 et seq. (b)The person signing this Agreement on behalf of the Grantee certifies under penalty of perjury under the laws of California that the Grantee has, unless exempted, complied with the nondiscrimination CalRecycle Competitive Grant Terms and Conditions Revised 9/12/20136 program requirements (Gov. Code, § 12990, subd. (a-f) and California Code of Regulations, Title 2, section 8103). (Not applicable to public entities.) ORDER OF PRECEDENCE : The performance of this grant shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Project Summary/Statement of Use, Work Plan/Implementation Schedule, and Budget of this Agreement, or other combination of Exhibits specified CalRecycle-ais 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)Grant Agreement Coversheet and any Amendments thereto (b)Terms and Conditions (c)Procedures and Requirements (d)Project Summary/Statement of Use (e)Budget (f)Work Plan/Implementation Schedule (g) (h)All other attachments hereto, including any that are incorporated by reference. OWNERSHIP OF DRAWINGS, PLANS, AND SPECIFICATIONS : The state shall have separate and independent ownership of all drawings, design plans, specifications, notebooks, tracings, photographs, negatives, reports, findings, recommendations, data, software, and memoranda of every description or any part thereof, paid for in whole or in any part with grant 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 manner when and where it may determine without any claim to additional compensation. PAYMENT : (a)The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Work Plan, if applicable, which is attached hereto and incorporated herein by this reference. CalRecycle shall reimburse the Grantee for only the work and tasks specified in the Work Plan or the Grant Application at only those costs specified in the Budget and incurred in the term of the Agreement. (b)The Grantee shall carry out the work described in the Work Plan or in the Grant Application in 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 incurring the changed cost. If the Grantee fails to obtain such prior written approval, the Director, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. (c)The Grantee shall request reimbursement in accordance with the procedures described in 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 in this Agreement have been satisfactorily completed. Failure by the Grantee to satisfactorily complete all reports and conditions stipulated in this (10%) retention policy. (e)L authorized in the California State Administrative Manual (contact the Grant Manager for more information). (f)Payment will be made only to the Grantee. (g)Reimbursable expenses shall not be incurred unless and until the Grantee receives a Notice to Proceed as described in the Procedures and Requirements (Exhibit B). CalRecycle Competitive Grant Terms and Conditions Revised 9/12/20137 PERSONAL JURISDICTION : The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal Grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. PERSONNEL COSTS : If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specified in the Procedures and Requirements (Exhibit B). REAL AND PERSONAL PROPERTY ACQUIRED WITH GRANT FUNDS : (a)All real and personal property, including equipment and supplies, acquired with grant funds shall be used by the Grantee only for the purposes for which CalRecycle approved their acquisition for so long as such property is needed for such purposes, regardless of whether the Grantee continues to receive grant funds from CalRecycle for such purposes. In no event shall the length of time during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for which CalRecycle approved its acquisition be less than five (5) years 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 property acquired with grant funds, including all equipment 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 interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the grant funds, unless pre-approved in writing by the Grant Manager that CalRecycle will accept a lower priority position with respect to the security interest on the property. Grantee shall inform 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 any real or personal property, including 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 acquisition of equipment that was previously purchased with CalRecycle grant funds, unless the acquisition of such equipment with grant funds is pre-approved in writing by the Grant Manager. In the event of a question concerning the eligibility of equipment for grant funding, the burden will be on the Grantee to establish the pedigree of the equipment. RECYCLED-CONTENT PAPER : All documents submitted by the Grantee must be printed double- sided on recycled-content paper containing one hundred percent (100%) post-consumer (PC) fiber. Specific pages containing full color photographs or other ink-intensive graphics may be printed on photographic paper. 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. REDUCTION OF WASTE TIRES : Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all purchases made with grant funds, including, but not limited to equipment and tire-derived feedstock, the Grantee shall purchase and/or process only California waste CalRecycle Competitive Grant Terms and Conditions Revised 9/12/20138 tires and California waste tire-derived products. As a condition of final payment under this Agreement, the Grantee must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Grant Manager. REMEDIES : Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition 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 any other right or remedy. SEVERABILITY : If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting 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 terms. SITE ACCESS : The Grantee shall allow the state to access sites at which grant funds are expended and related work being performed at any time during the performance of the work and for ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. STOP WORK NOTICE : Immediately upon receipt of a written notice from the Grant Manager to stop work, the Grantee shall cease all work under this Agreement. TERMINATION FOR CAUSE : CalRecycle may terminate this Agreement and be relieved of any payments 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 manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from any sum due the Grantee under this Agreement. Termination pursuant to this section may result in forfeiture by the TIME IS OF THE ESSENCE : Time is of the essence to this Agreement. TOLLING OF STATUTE OF LIMITATIONS : The statute of limitations for bringing any action, administrative or civil, to enforce the terms of this Agreement or to recover any amounts determined to be owing to CalRecycle as the result of any audit of the grant covered by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the Grantee to the Director. UNION ORGANIZING : By signing this Agreement, the Grantee hereby acknowledges the applicability of Government Code sections 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 performing work under this Agreement. (b)If the Grantee makes expenditures to assist, promote, or deter union organizing, the Grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that Grantee shall provide those records to the Attorney General upon request. UNRELIABLE LIST : Prior to authorizing any contractor or subcontractor to commence work under this Grant, the Grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor or subcontractor within the preceding three (3) years. See www.calrecycle.ca.gov/Laws/Regulations/Title14/ch1.htm#ch1a5. If a contractor is placed on CalRecycle Unreliable List after award of this Grant, the Grantee may be required to terminate that contract. CalRecycle Competitive Grant Terms and Conditions Revised 9/12/20139 VENUE/CHOICE OF LAW : (a)All proceedings concerning the validity and operation of this Agreement and the performance 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)The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. WAIVER OF CLAIMS AND RECOURSE AGAINST THE STATE : The Grantee agrees to waive all claims and recourse against the state, its officials, officers, agents, employees, and servants, including, but not limited to, the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement. WORK PRODUCTS : Grantee shall provide CalRecycle with copies of all final products identified in the Work Plan. Grantee shall also provide CalRecycle with copies of all public education and advertising material produced pursuant to this Agreement. : The Grantee is aware of Labor Code section 3700, which requires every employer to be insured against liability for Workers Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement. CalRecycle Competitive Grant Terms and Conditions Revised 9/12/201310