HomeMy WebLinkAbout2008/02/05 Item 13
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL
AGENDA STATEMENT
~~ CITY OF
~ - - CHUlA VISTA
02/05/08, Item 13
RESOLUTION ACCEPTING AND APPROPRIATING $81,281 IN
UNANTICIPATED REVENUES AWARDED TO THE CITY OF
CHULA VISTA, AS THE LEAD AGENCY FOR THE SOUTH BAY
USED OIL RECYCLING PROGRAM FROM THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD'S USED
MOTOR OIL RECYCLING BLOCK GRANT FOR 2007-2008, 13TH
CYCLE AND AMENDING THE FY08 WASTE MANAGEMENT
AND RECYCLING BUDGET
DIRECTOR OF PUBLIC WORK;z/;J
CITY MANAGER c;. T -h ~ (Yl. ~
ASSISTANT CITY MANAGER ~--r-
4/5THS VOTE: YES ~ NO 0
BACKGROUND
The California Used Oil Enhancement Act (1999) requires the collection of four cents for every
quart of lubricating oil sold, transferred and imported into California from oil manufacturers.
Chula Vista consumers pay four cents per quart into the fund when they purchase oil. The Act
mandates that the California Integrated Waste Management Board (CIWMB) use a portion of the
funds to provide block grants to local governments for used oil programs that encourage used oil
and oil filter recycling. Chula Vista is the lead agency for the Used Oil Recycling Program for
the South Bay cities of Chula Vista, Imperial Beach and National City.
ENVIRONMENTAL REVIEW
Not applicable.
RECOMMENDATION
Staff recommends that Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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2/20/07, Item_
Page 2 of2
DISCUSSION
The scope of work for this grant is a "regional" program that includes the cities of Chula Vista,
Imperial Beach, and National City. The program targets regional watershed protection issues that
affect all the cities that share the South Bay watershed. The primary purpose of this block grant
is to provide alternatives to illegal disposal of used motor oil through a network of collection
opportunities and outreach efforts designed to inform and motivate the public to recycle used oil.
This grant will provide continued technical assistance and new supplies for approximately 30
free used oil recycling drop-off centers and curbside collection programs in Chula Vista,
National City and Imperial Beach.
The public education component will allow the City to continue to provide advertising, portable
displays, point of purchase displays, the Used Oil Hotline, billing inserts, bottles, funnels or
drain pans. This will also allow staff to have a booth at the various car shows, public events and
auto part stores throughout the South Bay, reaching out to our target audience the "Do It
Yourselfers" (DIYers).
DECISION MAKER CONFLICT
Staffhas 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.
FISCAL IMPACT
The grant will provide $81,281 to continue to operate the used oil recycling program - education
and promotion through June 30, 2010. There is no impact to the General Fund as a result of
accepting this grant and implementing the work. The program does not require matching funds.
ATTACHMENTS
Notice to Proceed
Resolution 2007-204
Prepared by: Lynn France, Environmental Services Program Manager, Public Works Department
13-2
STATE OF CALIFORNIA. ENVIRONMENTAL PROTECTION AGENCY
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
GRANT AGREEMENT
CIWM6110 (Ravised 10107)
I GRANT NUMBER
UBG13-07-27
NAt.' E OF GRANT PROGRAM
2007/200B Used Oil Block Grants - Thirteenth Cycle
GR~.NTEE NAME
Ci of Chula Vista
TAXPAYER.S FEDERAL EMPLOYER IDENTIFICATION NUMBER
TOTAL GRA.NT AMOUNT NO~ TO EXCEED
$81,281.00
TERM OF GRANT AGREEMENT
FROM: Jul 01, 2007
TO: June 30, 2010
THIS AGREEMENT is made and entered into on this 1mb. day of October 2007, by the State of California, acting through the Executive Director of the California
Integrated Waste Management Board (the !'StateN) and City of Chula Vista (the "Grantee"). The State and the Grantee, in mutual consideration of Ihe promises
made herein, agree as follows:
The Grantee further agrees to abide by the provisions of the following exhibits attached hereto:
Exhibit A. Terms & Conditions
Exhibit 8 - Procedures & Requirements
Exhibit 82 - Index of Website Addresses, Forms and Contact Resources
Exhibits A, Band 82 attached hereto and the State approved application are incorporated by reference herein and made a part hereof.
The State agrees to fund work done by the Grantee in accordance with this Agreement up to the Total Grant Amount Not to Exceed specified herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates entered below,
GRANTEE' NAME (PRINT OR TYPE)
CAI-IFORNIA INTEGRATEO WASTE MANAGEMENT BOARD -L'jV\V\ -
City of Chula Vista f-nlnG."'--'
SIGNATURE OF CIWMB.S AUTHORIZED SIGNATORY: SIGNATURE OF GRANTEE:
(AS AUTHORIZED IN RESOLUTION OR LETTER OF DESIGNEE AUTHORIZATION)
/-----L-rCJ :~rv'/~ ~4:)U)....vCU---'
u_--7-:}-Z;X~-
~ ". ", I DATE TITLE ~ I DArE
Mark Leary, Executive DireCtor---' ,. / ,.- bwr. )o>rv Ile', (fc:<) . jV1'irI'- 1/1 i.;1U/
/ '7'/t::I/O+ (Authorized r~n~esenlalive ' ~
, GRANTEE' ADDRESS (JNCLUDE,~TR~T, CITY, ~:~TE AN~ lIP. 900~) .
i ~LD lj''JrJJ.t ~~eLL. l\cI, (CUJ-JPI ~ I~ta, (Ii-
C(/91/
CERTIFICATION OF FUNDING
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITLE) FUN D TITLE
AGREEMENT
2007/2008 Used 011 Block Grants - Thlrteentl1 Cycle OIL
$81,281.00
(OPTJONAl USE)
PRIOR AMOUNT ENCUMBERED
FOR THIS AGREEMENT
ITEM CHAPTER I STATUTE I FISCAL YEAR
TOTAL AMOUNT ENCUMBERED TO 3910-602-0100 817 1991 2007/2008
DATE OBJECT OF EXPENDITURE (CODE AND TITLE)
$81,281.00 1000-75100-702
I hereby certify upon my own personai knowledge that budgeted funds are available T.BA NO. IB.R. NO.
for the Deriod and purpose of the expenditure stated above.
SIGNATURE OF CIWMB ACCOUNTING OFFICER: \v-~Q.. lATE
. OCT 3 1 2001
r.
, . .-
~-
13-3
RESOLUTION NO. 2007-204
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUrnORlZING THE CITY OF CHULA VISTA TO BE THE
LEAD AGENCY IN THE soum BAY REGIONAL HOUSEHOLD
HAZARDOUS WASTE PROGRAM, AUTIlORlZING THE
SUBMITTAL OF GRANT APPLICATIONS TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD, AND
AUTHORlZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECURE
GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT
PROJECTS ON BEHALF OF THE CITY OF CHULA VISTA AND
PARTICIPATING JURISIDICTIONS
WHEREAS, on June 7, 2005, pursuant to Resolution No. 2005-187, the City Council,
authorized the submittal of grant applications to the California Integrated Waste Management
Board (Waste Board) for all available grants under the California Oil Recycling Enhancement
Act (Used Oil) and all available household hazardous waste (HHW) grants through June 30,
2009; and
WHEREAS, pursuant to Resolution No. 2005-187, the City Council also authorized the
City Manager to execute all grant documents necessary to secure grant funds and implement
approved projects relative to the Used Oil Grants and the HHW Grants; and
WHEREAS, in June 2007, the City has submitted a grant application to the Waste Board
requesting $300,000 for electronics, batteries, fluorescent light bulb and sharps/syringe waste
collection events for the South Bay Regional Household Hazardous Waste Program
(SBRHHWP), pursuantto the authorization granted by Resolution No. 2005-187; and
WHEREAS, the SBRHHWP is comprised of the Cities of ChuIa Vista, Imperial Beach,
and National City; and
WHEREAS, the Waste Board has requested that the City act as lead agency for the
SBRHHWP; and
WHEREAS, staff is asking for an extension of the date for the submittal of grant
applications to the Waste Board.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista as follows:
1. That it authorizes the City of Chula Vista to act as lead agency for the South Bay
Regional Household Hazardous Waste Program.
13-4
Resolution No. 2007-204
Page 2
2. That it authorizes the submittal of grant applications to the California Integrated
Waste Management Board for all available grants under the California Oil Recycling
Enhancement Act and all available Household Hazardous Waste grants for the period of five
years, not to exceed June 30, 2012.
3. That it authorizes the City Manager, or designee, to execute all grant documents
necessary to secure grant funds and implement the approved grant projects.
Presented by
Approved as to form
~Q~~~ 't>{"
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 7th day of August 2007 by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
C~l~
ArrEST:
~___iJ.J A~)~
Susan Bigelow, C, Ci Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2007-204 was duly passed, approved, and adopted by the City Council aJ: a
regular meeting of the Chula Vista City Council held on the 7th day of August 2007.
_,",,"",,"yofA_2007. ~~&..7:~
Susan Bigelow, MMC, City erk
13-5
EXHIBIT A
TERMS AND CONDITIONS
Used Oil Recycling Block Grant Program
Fiscal Year 2007/08 (Cycle 13)
This grant may not be funded unless tbe proposed Grantee meets tbe following two conditions:
1) The proposed Grantee must payor bring current all outstanding debts or scheduled payments
owed to tbe California Integrated Waste Management Board within ninety (90) days from the
date of tbe grant award.
2) The proposed Grantee must complete, sign, and return the Grant Agreement within ninety (90)
days from the date recorded on the Grant Agreement package's cover letter.
The following terms used in tbis Grant Agreement (Agreement) have the meanings given to them below,
unless tbe context clearly indicates otherwise:
"CIWMB" means tbe California Integrated Waste Management Board.
"Executive Director" means the Executive Director oftbe CIWMB or his or her designee.
"Grant Agreement" and "Agreement" means all documents comprising the agreement between the
CIWMB and the Grantee for this Grant.
"Grant Manager" means tbe CIWMB staff person responsible for monitoring the grant.
"Grantee" means the recipient of funds pursuant to this Agreement.
"Program" means the Used Oil Recycling Block Grant Program.
"State" means the State of California, including, but not limited to, the CIWMB and/or its designated
officer.
1.
ACKNOWLEDGEMENTS
2. ADVERTISINGI
PUBLIC EDUCATION
3. AIR OR WATER
POLLUTION VIOLATION
The Grantee shall acknowledge ihe CIWMB's support each time projects funded,
in whole or in part, by this Agreement are publicized in any medium, including,
but not limited to, news media, brochures, or otber types of promotional material.
The acknowledgement oftbe CIWMB's support must incorporate tb.e CIWMB
logo and state "California Integrated Waste Management Board: Zero Waste-
You Make It Happen!" Initials or abbreviations for tbe CIWMB shall not be
used. The Grant Manager may approve deviation from this prescribed language
on a case-by-case basis where such deviation is consistent with tbe CIWMB's
Communication Strategy and Outreach Plan. If, subsequent to this Agreement,
tbe CIWMB adopts updated or new logos, slogans or language (language), tbe
Grant Manager may require tbe Grantee to include this language in newly printed
or generated materials.
The Grantee shall submit copies of all draft public education or advertising
materials to the Grant Manager for review and approval prior to the Grantee's
production of materials. Unless omission oftbe following copyright designation
is pre-approved in writing by the Grant Manager, all public education and
advertising materials shall state: "10 {year of creation) by the California
Integrated Waste Management Board (ClWMB). All rights reserved. This
publication, or parts thereof, may not be reproduced without permission from
CIWMB."
Under the State laws, tbe 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;
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13-6
4. AMENDMENT
5. AMERICANS WITH
DISABILITIES ACT
6. ANTITRUST CLAIMS
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
t. "FirtallTdeterlllinedto beili violation of provisions offedeI-al law reJating
to air or water pollution.
No amendment or variation of the terms ofthis 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.
The Grantee assures the State that it complies with the Americans with
Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to
the ADA. (42 U.S.C. {i 12101 et seq.)
The Grantee by signing this agreement hereby certifies that if these services or
goods are obtained by means of a competitive bid, the Grantee shall comply with
the requirements oftlle Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1). "Public purchase" means a purchase by means of competitive bids of.
goods, services, or materials by the State or any of its political
subdivisions or public agencies on whose behalf the Attorney General
may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency
making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees
that if the bid is accepted, it will assign to the purchasing body all rights,
title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 V.S.C. Sec. 15) Or under the Cartwright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, materials, or
services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the
purchasing body tenders final payment to the bidder. Government Code
Section 4552.
c. If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action assigned
under this chapter, the assignor shall be entitled to receive reimbursement for
actual legal costs incurred and may, upon demand, recover from the public
body any portion of the recovery, including treble damages, attributable to
overcharges that were paid by the assignor but were not paid by the public
body as part of the bid price, less the expenses incurred in obtaining that
portion of the recovery. Government Code Section 4553.
cl. Upon demand in writing by the assignor, the assignee shall, within one year
2
Revised 4/19/07 -Entitlement T's & C's
13-7
7. ASSIGNMENT,
SUCCESSORS AND
ASSIG NS
8. AUDITIRECORDS
ACCESS
9. AUTHORIZED
REPRESENTATIVE
10. AVAILABILITY OF
FUNDS
11. CHILD SUPPORT
COM PLlANCE ACT
from such demand, reassign the cause of action assigned under this part if
the assignor has been or may have been injured by the violation of law for
which the cause of action arose and (a) the assignee has not been injured
thereby, or (b) the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
a. This Agreement may not be assigned by the Grantee, either in whole or in
part, without the CIWMB' s p.rior written consent.
b. The provisions of this Agreement shall be binding upon and inure to the
benefit of the CIWMB, the Grantee, and their respective successors and
assigns.
The Grantee agrees that the CIWMB, 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 cif 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.
[You may find it 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}
The Grantee shall continuously maintain a representative vested with signature
authority authorized to work with CIWMB 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.
The CIWMB's obligations under this Agreement are contingent upon and subject
to the availability of funds appropriated for this grant.
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 Chapter 8 (co=encing with Section 5200) of Part 5
of Division 9 of the Family Code; 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
3
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13-8
12. COMMUNICATIONS
13. COMPETITIVE
BIDDING
14. COMPLIANCE
15. CONFIDENTIALITY!
PUBLIC RECORDS
16. CONFLICT OF
INTEREST
Employment Development Department.
All communications from the Grantee to the CIWMB shall be directed to the
Grant Manager. All notices, including reports and payment requests, required by
this Agreement shall be given in writing by E-mail, letter, or FAX to the Grant
Manager as identified in Exhibit B - Procedures and Requirements. If an original
document is required, prepaid mail or personal delivery to the Grant Manager is
required following the E-mail or FAX.
The CIWMB encourages Grantees to use a competitive bidding process or to
require and maintain on file a written justification for any exceptions thereto,
when contracting for services required under this Agreement.
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 allloca~ 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 period. 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. Any deviation
from the requirements of this section shall result in non-payment of grant funds.
The Grantee and the CIWMB acknowledge that each party may come into
possession of information and/or data that may be deemed confidential or
proprietary by the person or organization furnishing the information or data.
Such information or data may be subject to disclosure under the California Public
Records Act, Government Code Section 6250 et seq. The CIWMB agrees not to
disclose such information or data furnished by the Grantee and to maintain such
information or data as confidential when so designated by the Grantee in writing
at the time it is furnished to the CIWMB, but only to the extent that such
information or data: is exempt from disclosure under the California Public
Records Act.
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, the CIWMB must be
contacted immediately for clarification.
Current State Employees (Public Contracts Code (PCe) J 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 (PCC J 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
4
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13-9
17. CONTRACTORS!
SUBCONTRACTORSI
VENOORS -
DEFINrTlONS
18. CONTRACTORS!
SUBCONTRACTORS
19. COPYRIGHTS AND
TRADEMARKS
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. (pCC ~ 10420).
Contractor: A person or entity that contracts with the Grantee to perform eighty
percent (80%) or more of the work required by this Agreement, including, but
not limited to, any requirements imposed by the CIWMB.
Subcontractor: A person or entity that contracts with the Grantee or Contractor
to perform a portion (less than eighty percent [80%]) of the work required by this
Agreement, including, but not limited to, any requirements imposed by the
CIWMB.
Vendor: A person or entity that contracts to sell goods; the sale of services is
expressly excluded from this definition.
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 the CIWMB.
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.
The Grantee and, if applicable, the Contractor, shall incorporate the Terms and
Conditions - Exhibit A, and the Procedures and Requirements - Exhibit B, of the
Agreement into any and all contracts and subcontracts entered into to fulfill any
task(s) associated with this Agreement. However,nothing contained in this
Agreement or otherwise, shall create any contractual relation between the
CIWMB 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 the
CIWMB 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 the CIWMB's obligation to make payments to the Grantee. As a result, the
CIWMB shall have no obligation to payor to enforce the payment of any
moneys to any contractor or subcontractor. .
a. To the extent the Grantee shall have the legal right to do so, Grantee
shall assign to the CIWMB any and all rights, title, and interests to any
copyrightable material or tradernarkable 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, the CIWMB shall
retain any and all rights, 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. These rights, both assigned and retained,
shall include the right to register for copyright or trademark of such
Revised 4/19/07 - Entitlement T's & C's
13-10
5
20. CORPORATION
QUALIFIED DOING
BUSINESS IN
CALIFORNIA
21. DISCLAIMER OF
WARRANTY
22. DISCRETIONARY
TERMINATION
materials.. Grantee shall require that its contractors and subcontractors
agree that all such materials shall be the property of the CIWMB. The
Grantee is responsible for obtaining any necessary licenses, permissions,
releases or authorizations to use text, images or other materials owned,
copyrighted or trademarked by third parties and for assigning such .
licenses, permissions, releases, or authorizations to the CIWMB pursuant
to this section. Copies of any licenses~ permissions, releases or
authorizations obtained pursuant for the use of text, images or other
materials owned, copyrighted or trademarked by third parties shall be
provided to the Grant Manager. Under unusual and very limited
circumstances, where to do so would not conflict with the rights of the
CIWMB and would serve the public interest, upon written request by the
Grantee, the CIWMB 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. The CIWMB hereby grants to the Grantee a royalty-free, nonexclusive,
nontransferable world-widelicense to reproduce, translate, and distribute
copies of the copyrightable materials produced pursuant this Agreement,
for nonprofit, non-commercial purposes, and to have or permit others to
do so on the Grantee's behalf. This license is limited to the
copyrightable materials produced pursuant to this Agreement and does
not extend to any materials capable of being trademarked. The
following shall appear on all intellectual property used by Contractor
pursuant to this license, solely for the purpose of protecting the
CIWMB's intellectual property rights therein: "Ii:! {year of creation) by
the California Integrated Waste Management Board (CIWMB). Used
pursuant to license granted by CIWMB. All rights reserved. This
publication, or parts thereof, may not be reproduced without
permission. "
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.
The CIWMB 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 CIWMB employees or agents have any
right or authority to make any other representation, warranty or promise with
respect to any Diaterials, equipment, services or products, purchased, used,
obtained, or produced with grant funds. In no event shall the CIWMB 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.
The Executive 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
6
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13-11
23. DIS PUTES
24. DRUG-FREE
WORKPLACE
CERTIFICATION
25. EFFECTIVENESS OF
AGREEMENT
26. ENTIRE
AGREEMENT
27. ENVIRONMENTAL
JUSTICE
28. FAILURE TO
PERFORM AS
REQUIRED BY THIS
AGREEMENT
,
Grantee;
b. Submit an accounting of all grant funds expended up to and including
the date of termination; and,
c. Reimburse the CIWMB for any unspent funds.
Unless otherwise instructed by the Grant Manager, the Grantee shall continue
with its responsibilities under this Agreement during any dispute.
The person signing this Agreement on behalf of the Grantee certifies under
penalty of peJjury under the laws of California, that the Grantee will comply with
the requirements of the Drug-Free Workplace Act of 1990 (GC 9 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: (I) 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.
This Agreement is of no force or effect until signed by both parties.
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.
ill 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. that ensures the fair treatment of people of all races, cultures, and
iocome levels, ioduding minority populations and low-iocome populations of the
State.
The CIWMB will benefit from the Grantee's full compliance with the terms of
this Agreement only by the Grantee's:
a. illvestigation and/or application of technologies, processes, and devices
which support reduction, reuse, and/or recycliog 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 dsta or a product which
7
Revised 4/19/07 - Entitlement T's & C's
13-12
29. FORCE MAJEURE
30. FORFEIT OF GRANT
FUNDs/REPAYMENT OF
FUNDS IMPROPERLY
EXPENDED
31. GENERALLY
ACCEPTED
ACCOUNTING
PRINCIPLES
32. GRANTEE
ACCOUNTABILITY
33. GRANTEE'S
INDEMNIFICATION AND
DEFENSE OF THE
STATE
34. GRANTEE'S NAME
CHANGE
35. NO AGENCY
RELATIONSHIP
CREATEDI
INDEPENDENT
can be used to aid io reduction, reuse, and/or recycliog of waste; or
b. The cleanup of the environment; or
c. The enforcement of solid waste statutes and regulations, as applicable.
Neither the CIWMB 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, flIe, explosion, riot, war,
rebellion, sabotage, flood, or other contiogencies unforeseen by the CIWMB or
the Grantee, its contractors, vendors, or subcontractors, and beyond the
reasonable control of such party.
If grant funds are not expended, or have not been expended, io 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 io accordance with this
Agreement, the Executive Director, at his or her sole discretion, may take
appropriate action uoder this Agreement, at law or io equity, iocluding requiriog
the Grantee to forfeit the uoexpended portion of the grant funds and/or to repay
to the CIWMB any funds improperly expended.
The Grantee is required to use Generally Accepted Accounting Principles in
documenting all grant expenditures.
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 det=ioe that grant funds are owed to the CIWMB, the Grantee is
responsible for repayment of the funds to the CIWMB.
The Grantee agrees to iodernnify, defend and save harmless the State .and
the CIWMB, and their officers, agents and employees from any and all
claims and losses accruiog or resultiog to any and all contractors,
subcontractors, suppliers, laborers, and any other person, firm or
corporation furnishiog 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 in the
performance of this Agreement.
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, the
CIWMB will process the amendment. Payment of Payment Requests presented
with a new name cannot be paid prior to approval of the amendment.
The Grantee and the agents and enwloyees of Grantee, in the performance of this
Agreement, shall act io an independent capacity and not as officers or employees
or agents of the CIWMB.
8
Revised 4/19/07 - Entitlement T's & C's
13-13
CAPACITY
36. NON-
DISCRIMINATION
CLAUSE
37. OWNERSHIP OF
DRAWINGS, PLANS.
AND SPECIFICATIONS
38. PATENTS
39. PAYMENT
During the performance of this Agreement, Gran~ee 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 ~~
12900 et seq.
The State shall have separate and iodependent ownership of all drawiogs, design
plans, specifications, notebooks, traciogs, photographs, negatives, reports,
findings, recommendations, data, software, and memoranda of every description
or any part thereof, paid for io whole or io any part with grant funds. Copies
thereof shall be delivered to the CIWMB 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 io any manner when and where it may
determine without any claim to additional compensation.
The Grantee assigns to the CIWMB all rights, title, and ioterest io and to each
iovention or discovery that may be capable of beiog patented, that is conceived
of or first actually reduced to practice io the course of or under this Agreement,
or with the use of any grant funds. Such assignment shall include assignment of
any patents registered with the United States Patent and Trademark Office.
Grantee further agrees to cooperate with and assist theCIWMB io the
preparation of any patent application. Under certaio unusual and very limited
circumstance, where to do so would not conflict with the rights of the CIWMB
and would serve the public interest, upon written request by the Grantee, the
CIWMB may give, at the Executive Director's sole discretion, written consent to
the Grantee to retaio all or any part of the ownership of these rights.
a. Upon execution of this Agreement by both parties, the CIWMB may
advance grant funds to Grantee provided that Grantee, in the sole discretion
of the Executive Director, qualifies for such advance payment and has
satisfactorily complied with the applicable requirements contained in this
Grant Agreement Package. The CIWMB may elect not to advance payment
if Grantee has not satisfactorily complied with the applicable terms and
conditions of previous grants and/or does not meet other threshold
requirements identified in the Procedures and Requirements (Exhibit B).
b. All expenditures must be directly related to the tasks identified in the
Procedures and Requirements (Exhibit B).
c. Upon receipt of grant funds, the Grantee shall deposit and maintaio until
expended all grant funds in an ioterest beariog account io a federally iosured
financial institution. All ioterest accrued and received from this account
must be used for eligible expenses related to the performance of this
Agreement. Interest funds must be accounted for io all grant reports. All
unused ioterest funds must be returned to the cIWMB at the end of the grant
term
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 io this
Agreement have been satisfactorily completed.
e. Lodgings, Meals and Incidentals: Unless otherwise provided for in this
Agreement, Grantee's Per Diem eligible costs are limited to the amounts
authorized io the California State Administrative Manual (contact your Grant
9
Revised 4/19/07 - Entitlement T's & C's
13-14
40. PERSONNEL COSTS
41. REAL AND
PERSONAL PROPERTY
.ACQUIRED WITH GRANT
FUNDS
42. RECYCLED-
CONTENT
CERTIFICATION
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 Exhibit B.
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
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
the CIWMB 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 the CTWMB 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 the
CIWMB 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 shall execute all documents required to provide the CIWMB with a
purchase money security interest in any real or personal property, including
equipment and supplies, and it shall be a condition of receiving this grant
that the CIWMB shall be in first priority position with respect to the
purchase money security interest on any such property acquired with the
grant funds, unless pre-approved in writing by the Grant Manager that the
CIWMB will accept a lower priority position with respect to the purchase
money 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 the CIWMB.
d. The CIWMB will not reimburse the Grantee for the acquisition of equipment
that was previously purchased with CTWMB 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 eligJbility of
equipment for grant funding, the burden will be on the Grantee to establish
the pedigree of the equipment.
The Grantee shall certify the minimum, if not the exact, percentage of
postconsumer and secondsry material in the products, materials, goods, and
supplies purchased with grant funds. This certification shall be provided to the
CIWMB on the Recycled Content Certification Form (CIWMB 74G) available at
www.ciwmb.ca.gov/Grants/Forms/CTWMB074.pdf.
10
Rcvised-4/19/07 - Entitlement T's & C's
13-15
43. RECYCL.ED-
CONTENT PAPER
44. RECYCLED-
CONTENT PRODUCT
PROCUREMENT
45. REDUCTION OF
WASTE
46. REDUCTION OF
WASTE TIRES
47. REMEDIES
48. RESOLUTION
49. SEVERABIUTY
50. SITE ACCESS
All documents submitted by the Grantee must be printed double-sided on
recycled-content paper containing one hundred percent (100%) post-consumer
fiber. Specific pages containing photographs or other ink-intensive graphics may
be printed on photographic paper.
In the performance of this Agreement, for purchases made with grant funds, the
Grantee shall purchase recycled-content products (RCP), as defined by the State
Agency Buy Recycled Campaign (SABRe) minimum recycled content
requirements see www.ciwmb.ca.~ov/BuvRecvcled/StateA~encv/. If the Grantee
cannot purchase RCPs, the Grantee must document why it was unable to comply
with this requirement and request written pre-approval from its Grant Manager to
deviate from this policy..
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 usee!; alternatives to
disposal of materials consumed; and the practice of other waste reduction
measures where feasible and appropriate.
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 tires and California waste tire-derived products. As a
condition of final payment under this Agreement, the Grantee must provide
documentation substantiating the sourc.e of the tire materials used during the
performance of this Agreement to the Grant Manager.
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.
A county, city, district, or other local public body must provide the CIWMB with
a copy of a resolution, order, motion, or ordinance of the local governing body,
which by law has authority to enter into an agreement, authorizing execution of
this Agreement and designating the job title of the individual authorized to sign
on behalf of the local public body.
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.
The Grantee shall allow the State to inspect 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
11
Revised 4/19/07 - Entitlement T'5 & C's
13-16
51. STOP WORK
NOTICE
52. SWEATFREE CODE
OF CONDUCT
53. TERMINATION FOR
CAUSE
54. TIME is OF THE
ESSENCE
55. TOLLING OF
STATUTE OF
LIMITATiONS
56. UNION ORGANIZING
issues related to the grant project have been resolved.
I=ediately upon receipt of a written notice from the Grant Manager to stop
work, the Grantee shall cease all work under this Agreement. .
a. All Grantees contracting for the procurement or laundering of apparel,
garments or corresponding accessories, or the procureII)ent of equipment,
materials, or supplies, other than procurement related to a public works
contract, declare under penalty of perjury that no apparel, garments or
corresponding accessories, equipment, materials, or supplies obtained with
Grant funds have been laundered or produced in whole or in part by
sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forms of child labor or exploitation of children in
sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict
labor, indentured labor under penal sanction, abusive forms of child labor or
exploitation of children in sweatshop labor. The Grantee further declares
under penalty of perjury that it adheres to the Sweatfree Code of Conduct as
set forth on the California Department of Industrial Relations website located
at www.dir:ca.~ov. and Public Contract Code Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to the
Grantee's records, documents, agents or employees, or premises if
reasonably required by authorized officials of the CIWMB or its agents, the
Department of Industrial Relations, or the Department of Justice to
determine the Grantee's compliance with the requirements under paragraph
(a).
The CIWMB 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, the
CIWMB may proceed with the work in any manner deemed proper by the
CIWMB. All costs to the CIWMB shall be deducted from any sum due the
Grantee under this Agreement. Termination pursuant to this section may result
in forfeiture by the Grantee of any funds retained pursuant to the CIWMB' s ten
percent (10%) retention policy.
Time is of the essence of this Agreement.
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 the CIWMB 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 Executive Director and/or the Board.
By signing this Agreement, the Grantee hereby acknowledges the applicability of
Government Code SS 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
Revised 4/ 19/07 - Entitlement T' 5 & C' 5
12
13-17
57. UNRELIABLE LIST
58. VENuE! CHOICE OF
LAW
59. WAIVER OF CLAIMS
AND RECOURSE
AGAINST THE STATE
60. WORK PRODUCTS
61. WORKERS'
COM PENSA TION/LABOR
CODE
funds were used for those expenditures, and that Grantee shall provide those
records to the Attorney General upon request.
Prior to authorizing a contractor(s) to co=ence work under this Grant, the
Grantee shall submit to the CIWMB a declaration from the contractor(s), signed
under penalty of perjury, stating that within the preceding three (3) years, none 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(s). See
www.ciwmb.ca.govlRelWlations/Title14/ch1.htm#Chla5. If a contractor is
placed on the CIWMB Unreliable List after award of this Grant, the Grantee may
be required to terminate that contract.
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.
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.
The Grantee must provide the CIWMB with copies of all printed materials and
photographs of all other fInal products paid for with Grant funds. Physical copies
of the fInal product shall be provided upon request of the Grant Manager.
The Grantee is aware of Labor Code section 3700, which requires every
employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the Labor Code, and the Grantee
affIrms to comply with such provisions before co=encing the performance of
the work of this Agreement.
13
Revised 4/19/07 - Entitlement T's & C's
13-18
EXHIBIT B
PROCEDURES AND REQUIREMENTS
Used Oil Recycling Block Grant (13th Cycle) for FY 2007/08
Copies of these Procedures and Requirements should be shared with BOTH the Finance
Department AND the staff responsible for implementing the grant activities.
Important Dates
July 1, 2007
Fall 2007
July 1, 2008
August 15, 2008
August 15, 2009
June 30, 2010
August 15, 2010
Used Oil Block Grant (UBG) 12 (FY 2006/07)
Procedures and Requirements shall govern any
expenditure of UBG13 funds between July 1,2007
and date of UBG13 Notice to Proceed
Grant term officially begins with Notice to Proceed ,
{provisions within UBG 13's Grant Agreement
become effective). In the interim, UBG12
Procedures and Requirements still apply.
These Procedures and'Requirements and the
accompanying Terms and Conditions (Exhibit A) shall
remain in effect for purposes of implementing the UBGs
during any interim period between the end of the
UBG13 Grant Cycle on July 1,2008, and the execution
of a new Grant Agreement governing the UBG14 Grant
Cycle for Fiscal Year 2008/09.
Annual Report Due
Annual Report Due
Grant Term Ends
Final Report Due
All communication regarding this grant should be directed to your
CIWMB Grant Manager unless otherwise specifically stated, To find
the name and telephone number of your CIWMB Grant Manager, refer
to www.ciwmb.ca.Qov/HHW/Grants/Contacts.htm .
Questions?
The Grantee may also call the Financial Assistance Division, Grant and
Loan Resources Branch at
(916) 341-6457.
Send Reports, Grant Payment Requests, and all other written
correspondence to your CIWMB Grant Manager's attention at:
California Integrated Waste Management Board
Financial Assistance Division
Grant and Loan Resources Branch - MS #9A
P.O. Box 4025,1001 "I" Street
Sacramento, CA 95812-4025
Where to Send
Reports,
Payment Requests,
etc.
Attn: (your CIWMB Grant Manager's name)
Version 207
Exhibit B 1 -11'30..19
UBGl3
Eligibility
Expenditures
Requiring Pre-
Approval
Ve",ion 207
Grantees must meet the minimum requirements at the beginning
of the grant cycle to be eligible to expend funds. Eligibility
includes having at least one Certified Collection Center per
100,000 residents ofthe jurisdiction or a curbside collection
program which includes used oil collection.
Grantees, or their subcontractors or consultants, must possess or
acquire all applicable agreementslpermits necessary to carry out
the activities funded by the UBG and a copy or copies must be
available for review if requested.
UBG applicants who miss the June 1, 2007 application
submission date or who miss the June 30, 2007 date for late
submission of local government resolutions will not be eligible
for UBG13 but will retain their eligibility for subsequent UBGs if
they submit an annual report for all other UBGs that is approved
by the CIWMB Grant Manager by the report deadline.
Grantees who are invoiced for outstanding UBG funds may apply
for UBGs and competitive grants, but any grants awarded will not
be funded unless any outstanding invoices are paid within 90
days of the date the Board awards the grant.
Expenditures associated with the tasks or products listed below must
be approved in writinq bv the CIWMB Grant Manaqer prior to purchase
or production. Please retain all approvals for audit purposes. Items not
pre-approved MAY NOT be an eligible expenditure and payment may
be denied.
Allow at least five (5) working days for approval of the following items:
. Premiums if the per item cost exceeds six dollars ($6) (not
including sales tax)
. All television, video,and radio scripts
. Storm water mitigation (refer to section below for details)
. School education and curricula expenses
. School presentations (submit script and presentation purpose)
. Equipment, vehicles, and trailers
. Purchase of re-refined oil for non-fleet promotion and
distribution. CIWMB Grant Managers will ask grantees to
demonstrate the following before making a decision regarding
approval.'
o Confirm the availability of re-refined oil for sale in their
community.
o Pr:ovide information to the public on where to purchase the
re-refined oil.
o Provide evidence that the free give-away program will or
has increased the amount of re-refined oil used in the
community.
ExhibitBI-Pa~~_20 UBG13
Expenditures
Requiring Pre-
Approval (cont'd)
Pre-Approved
Expenditures
Version 207
. Web-page development
. Computer equipment and software
. Travel expenses
. Financial incentives (includes: sponsorships, stipends, etc.)
. Planning, background, or feasibility studies
. Audit expenses for UBG and Opportunity Grant cycles. Time
and funds related to the audit should be described in the current
UBG EIS and must be for an audit of specific cycle(s) of the
UBG and/or Opportunity Grant conducted by the CIWMB,
California Department of Finance and/or California State
Controller's Office. Expenses for audits of the Grantee's entire
organization, or portions thereof, that include a review of one or
more UBG and/or Opportunity Grant cycles are not eligible for
reimbursement.
All expenditures must be incurred, and payment made, with
services provided and goods received during the grant cycle,
July 1, 2007 - June 30,2010.
The expenditures listed below under "Pre-Approved Expenditures" DO
NOT have to be pre-approved by the CIWMB Grant Manager if they
are related to the establishment, maintenance, or enhancement of used
oil and used oil filter collection programs.
. Used oil collection
o Used oil and used oil filter collection
o Curbside used oil collection
o Door-to-door used oil collection
o Certified and non-certified used oil collection center
support
o Used oil collection through Household Hazardous Waste
(HHW) Programs, including transportation costs of used
oil
o Set up and operation of temporary facilities for one-day or
multi-day HHW collection events where used oil will be
accepted
o Hazardous Waste Operations and Emergency Response
Standard (HAZWOPER) 8-hour refresher training course
for personnel who are directly involved with used oil and
Household Hazardous Waste collection
o Agricultural used oil collection projects
o Marina used oil collection projects
o Airport used oil collection projects
Exhibit Bl- Ii"M 1
UBGl3
Pre-Approved
Expenditures
(cont'd)
Storm Water
Expenses
Version 207
o Construction of Permanent HHW Collection Facility
(PHHWCF) and Antifreeze, Battery, Oil, and Paint Facility
(ABOP) where used oil is accepted - permanent features, .
used oil-related equipment and supplies are eligible
. Re-Refined Oil use for public fleets
o Cost differential between re-refined and virgin oil
oRe-refined oil promotion for fleet managers
.. Publicity and education materials
o Purchase and distribution of used oil containers, funnels,
shop rags, coupons
Other premiums whose cost is less than $6.00 and
directly relate to and/or will be used for used oil and used
oil. filter collection and recycling needs and/or will be .
clearly linked to behavioral change that leads to an
increase in used oil and used oil filter recycling. That
linkage must be documented with evaluation data related
to used oil recycling or other environmentally sustainable
behaviors. .
. School Education/Curricula Expenses (only for Earth
Resources - A Case Study: Oil and Closing the Loop: 2000
edition1)
o Promotion of training to local school staff and teachers
o Meeting room expenses
o Staff developer (trainer) costs
(Travel is listed as requiring pre-approval)
o Teacher expenses for attending training workshops of
approved curriculum (including costs for substitute
teachers)
o Photocopying and materials expenses
. Personnel costs for used oillused oil filter recycling
activities
o Training costs directly related to used oil/used oil filter
recycling activities .,
. Load checking projects related to the identification of used oil
. Indirect or Overhead Costs that do not exceed 10% of the
grant award amount and are supported with a cost-allocation
plan
Since January 2002, some storm water mitigation expenditures are
considered eligible expenses. Storm water mitigation is defined in
Public Resources Code Section 48618.4 to include "...the prevention of
storm water pollution from used oil and oil byproducts and the reduction
or alleviation of the effect of storm water pollution from used oil and oil
ExhlbitBI-pa&f1_22
UBGl3
Storm Water
Expenses (cont'd)
Ineligible Expenses
Version 207
byproducts by means of action taken on public property. Mitigation
includes the installation of devices and implementation of practices that
prevent used oil and oil byproducts from causing storm water pollution.
Mitigation does not include the cleanup or restoration of polluted
areas".
. . Storm water expenses may not exceed 50% of the UBG
award.
. All related storm water expenses such as personnel, publicity
and education, stenciling, and storm waterfilter
purchase/maintenance is counted towards the 50% cap.
. To be eligible, each jurisdiction must self-certify that it has a
storm water mitigation program that has been approved by its
local Regional Water Quality Control Board.
. All storm water expenses must be accounted for, and reported
as a separate category on the Expenditure Itemization
Summary.
The following types of storm drain filters (inserts; debris screens)
are eligible:
. A debris screen that covers the opening to the storm drain inlet.
Regular municipal street-sweeping must occur where debris
screens are installed;
. A catch basin (street side) inlet insert that does not contain oil
absorbent media;
. A catch basin inlet insert that does contain oil absorbent media
plus a debris screen that covers the opening to the storm drain
inlet. (The debris screen prevents debris and sediment from
entering the storm drain and obstructing the oil absorbent
media.);
. A vertical drop-in parking lot inlet insert that does contain oil
absorbent media (must be covered by a grate or debris screen).
Note: Periodic clean-out of catch basin inlet inserts and
replacement of their oil-absorbent media are eligible for grant
funding. However, street sweeping and clean-out of catch basin
inlets without inserts are not eligible for grant funding.
Any expenditure that does not support the implementation of used oil
and used oil filter collection programs is ineligible for UBG funding.
The activities, products, or expenditures listed below are specifically
identified as ineligible. The ineligible expenditures include, but are not
limited to:
. Costs incurred prior to July 1, 2007 or after June 30, 2010
. Purchasing or leasing of land or buildings
. Costs currently covered by another CIWMB loan, grant, or
contract
ExhibitBl-P'83223
UBGl3
Ineligible Expenses
(cent'd)
Version 207
. Purchasing of vehicles by non-governmental agencies
. Leasing of gasoline-fueled vehicles (including hybrid vehicles)
by non-govemmental agencies unless pre-approved in writing by .
your CIWMB Grant Manager
. Remediation (any cleanup or restoration of polluted areas)
. Hazardous Waste Operations and Emergency Response
Standards (HAZWOPER) 40-hour and 24-hour courses
. Enforcement activities
. Profit or mark-up by the Grantee
. Preparation of Household Hazardous Waste (HHW) elements
(HHWE)
. Out-of-state travel
. Developing or customizing of school curricula
. Overtime costs/ Compensated Time Off (except for local
government staffing during specially scheduled evening or
weekend events outside of staffs normal work hours that have
been pre-approved in writing by the CIWMB Grant Manager
when law or labor contract requires overtime compensation)
. Any food or beverages (e.g., as part of meetings, workshops, or
events)
. Cell phones, pagers, cameras, personal digital assistants, and
other similar electronic devices
. Movie theater screen advertising
. Premiums that contribute to the HHW waste stream
. Transportation & disposal of non-oil HHW from any facility or
event
. Equipment, materials or supplies at HHW facilities or antifreeze,
battery, oil, and paint facilities (ABOP) not directly related to the
collection of used oil and used oil filters
. Any costs not consistent with local, state, or federal guidelines
and regulations
. Travel expenditures that exceed the state rate (for hotel and
meal rates, see www.catravelsmart.com and click on "Lodging
Reimbursement Rates" for.hotel maximum rates and "OPA
Lodging Reimbursement" for Meals and Incidentals and for
Personal Vehicle Mileage Reimbursement
. Any personnel costs incurred as a result of time an employee
assigned to the project funded by the grant does not work on the
project (e.g., Lise of accrued sick leave, accrued vacation, etc.)
. Any pre-paid expenditures for future goods or services delivered
beyond the end of the grant tenn {Exemption: The CIWMB
Grant Manager may consider approving products purchased in
full before the end of the grant term but delivered after the grant
term if the delay is caused solely by the supplier, and not by the
Grantee. The Grantee must request an exemption in writing and
Exlllbit Bl- Pa~~-24
UBGl3
PUbliCity and
Education
Requirements
Version 207
receive written pre-approval from the CIWMB Grant Manager.)
. Fines or penalties due to violation of federal, state or local laws,
ordinances, or regulations
. Costs to maintain an existing HHW program where used oil is
not collected
. Developing any type of permanent facility on non local
government-owned property
. Expenses for audits ofthe Grantee's entire organization, or
portions thereof that include a review of one or more UBG
and/or Opportunity Grant cycles are not eligible for
reimbursement.
Premiums must be appropriate for the target audience; durable, and
not likely to be disposed of in a short time or to contribute to the waste
stream or hazardous waste stream (e.g., any item containing batteries,
mercury, etc.); and not promoting a particular brand-name products or
private businesses. Premiums must directly relate to and/or be used
for used oil and used oil filter collection and recycling needs and/or be
clearly linked to behavioral change that leads to an increase in used oil
and used oil filter recycling. That linkage must be documented with
evaluation data related to used oil recycling or other environmentally
sustainable behaviors.
For all languages other than English, Grantee must work with a person
fluent in reading and writing the language2. A description of the
translator's qualifications, as well as an English version of the material
must be submitted with the Final Report. Of key importance is that the
translated material is at a reading level appropriate for its targeted
audience.
Materials or items purchased may be denied full reimbursement if
they do not meet the requirements detailed in this section.
All items/materials, as appropriate, must meet the acknowledgement,
advertising/public education, and recycled-content product
requirements3 as set forth in the Terms and Conditions, and must
include the following:
a) Acknowledgement of the CIWMB funding and the Board's
slogan that reads "Funded by a Grant from the California
Integrated Waste Management Board. Zero Waste - You
Make It Happen!" Use of the initials "CIWMB" is not sufficient.
Exception: The acknowledgement line is not required on small
items where space constraints would not allow for this line, or if
it would interfere with the message (pencils, small magnets,
etc.). All exceptions must be pre-approved in writing by the
CIWMB Grant Manager.
Exhibit B 1 - Pi'!' -725
UBGl3
Publicity and
Education
Requirements
(cont'd)
Copyright
Requirements
Combining Used Oil
With Other
Environmental
Programs
Graphics
,
R I-'.CYC 1. F.
LiSE!) 011.
Versian 207
b) Specific information on used oil/used oil filter recycling/disposal.
c) A list of used oil collection centers within the targeted community
or a telephone number to call for information on local collection
centers. When locations are listed, include the following
language: "Call for hours of operation." (Use the 1-(lOO-CLEANUP
number [or www.cleanuP.orq website] if your jurisdiction does not
maintain its own 24-hour hotline.)"
d) The "Used Oil Drop" logo with the words "Recycle Used Oil" or
"Recycle Used Oil and Used Oil Filters" as appropriate.
Copyright Requirements
The foUowing language must appear on any copyrightable material
produced with Board funds:
Copyright language: @ {year of creation} by the California Integrated
Waste Management Board (CIWMB). AU rights reserved. This
publication, or parts thereof, may not be reproduced without permission
from CIWMB.
Examples of copyrightable material include but are not limited to:
. CDs and DVDs of audio and/or visual material
. Computer Software
. Brochures, pamphlets, and reproductions of advertisements
designed for distribution
Please check with your CIWMB Grant Manager with specific questions
about the applicability of using the copyright language.
Both storm water and/or HHW recycling programs may be incorporated
with the used oil recycling message on publicity and education (P&E)
items. The funding level for the P&E portion for these programs will be
determined on a case-by-case basis by the CIWMB Grant Manager.
To be eligible for any funding, the proposal must meet the minimum
requirements for Used Oil P&E, and clearly support all of the key
components of the UBG program.
Graphics are available on the CIWMB's website at:
www.ciwmb.ca.Qov/UsedOil/Qraohics/default.htm#usedoiI.) Use the
State colors (blue oil drop on yellow background) on any material
produced in four or more colors. (The color designation for
professional printing is Yale Blue-Pantone 286C; Golden Yellow-
Pantone 123C.)
ExbibitBl-P"'~26
UBG 13
(l)'" -',
. ".';;" .". -::;
" ~
~ .~:: .."."".
HECYCLE'
useD Oil FILTERS
Recycled-Content
Product
Requirements
Large Equipment
CIWMB
Acknowledgement
Expenditure
Itemization
Summary (EIS)
Version 207
All Grantees must report the percentage of recycled-content material
for all products purchased in the product categories listed below.
Grantees must use a separate Recycled-Content Product Certification
(RCP) Form (CIWMB 74G) for each supplier and submit these forms
with the Final Report. The form can be found at CIWMB's website at
htto://www.ciwmb.ca ,Qov/H HW /Forms.
Paper Products
Compost & Co-
Compost
Paint
Tires
Printing & Writing
Paper
Glass Products
Solvents
Steel Products
Plastic Products
Lubricating Oils
Tire-Derived
Products
Any exceptions to the above requirements must be pre-approved in
writing by the CIWMB Grant Manager.
A CIWMB sticker (bumper sticker size) that displays the "used oil drop"
logo including the text "Recycle Used Oil" and "Funded by a grant from
the California Integrated Waste Management Board" is required to.be
affixed to all large pieces of equipment purchased with grant funds.
When submitting the Final Report, the picture of this equipment should
include the affixed sticker. CIWMB has stickers available at no cost
which may be requested from your CIWMB Grant Manager.
Fiscal Reporting and Grant Payments
Grantees are required to submit an Expenditure Itemization Summary
(EIS) Form covering expenses for the previous fiscal year (July 1 --:
June 30) by grant cycle or for any period in which expenses were
incurred. Effective July 1, 2006, each EIS must be accompanied by
supporting documentation for each line item expense. The supporting
documentation should be an invoice, receipt, or if not, a purchase order
with proof of payment (e.g., cancelled check, bank statement,
accounting report) or other proof of payment documentation.
Please contact your CIWMB Grant Manager for approval if you intend
to provide some other form of supporting documentation.
ExhibitBI-P~Q27
UBG13
Expenditure
Itemization
Summary (EIS)
(cont'd)
Version 207
Use the reporting and expenditure categories listed below when
preparing the EIS. Only directly applicable eligible expenses should be
included. Summarize all of the expenses that were incurred by grant
cycle over the twelve (12) month reporting period and use only the
categories that are applicable to the Grantee's grant program, including
personnel costs related to that task( s). For each category, identify the
related tasks and expenses. If there is more than one invoice from a
company, list them separately on the EIS. Include invoice numbers.
Permanent Collection Facilities - Includes eligible expenses for
collection centers; permanent household hazardous waste collection
facilities (PHHWCFs); and antifreeze, battery, oil, and paint (ASaP)
facilities. Do not include publicity and education or oil containers in
this category.
Temporary or Mobile Collection - Eligible expenses for temporary
events at an established facility, and mobile events.
Residential Collection - Curbside or door-to-door collection of used
oil and used oil filters.
Load Checking Program - Inspection of loads for used oil at solid
waste landfills or transfer stations.
Publicity and Education - All eligible publicity, public education, and
community outreach events (except those related to storm water
education).
. A partial list of examples includes newspaper ads; radio
spots; public service announcement TV spots; flyers;
brochures; door hangers; utility bill inserts; billboards;
collection center handouts (such as "shelf talkers"), and
premiums.
. Material/supply expenses for community events and school
presentations should be included in this category.
. Local government personnel expenses should be placed into the
Personnel/Other category.
Personnel/Other - Include directly applicable personnel expenses for
employees of the grant jurisdiction for tasks NOT included in other
categories or for staff time that will be charged against the grant that
cannot be assigned to a program-related category listed above.
. Expenses should be broken down to reflect hourly charges,
where applicable.
. Include any non-storm water expenses that do not fit into any
other category.
. Personnel costs incurred via storm water program activities must
be included in the associated storm water categories described
below.
. Contractor or consultant hours should be placed into the other
ExhibitBl-Pa~"3~Uz8 UBGI3
Expenditure
Itemization
Summary (EIS)
(cont'd)
Storm Water
Reimbursement
Payments
Version 207
appropriate categories in which the expenses were incurred.
EIS Certification - The EIS MUST include the following certification:
"I certify under penalty of pe~ury, under the laws of the
State of California, that the above information is correct
and that all funds received have been expended in
accordance with the Used Oil Recycling Block Grant."
The certification MUST be dated and signed by the person authorized
in the Grantee's resolution. An EIS received without the siqned
certification will not be approved.
A maximum of 50% of the UBG mav be spent on all storm water
proqram expenses:
. Mitigation - filter media, debris screens, and maintenance (see
page 4 for more details)
. Education - storm drain stenciling, publicity - education costs,
and personnel
UBG funds will be expended on a reimbursement basis , with onlv
the followinq exceptions: the advance payment option is available
for Grantees receivinq $20,000 or less, and for multi-iurisdictional
and reqional qrantees whose individual iurisdictions would have
received $20,000 or less had they applied individually at the Grant
Manaqer's discretion. Staff will consider exceptions to the
reimbursement policy for financial hardship situations on a case-
by-case basis.
To receive a reimbursement payment, Grantees must submit a
completed EIS and Grant Payment Request Form. Reimbursement
payment requests must be submitted no later than 6 months from the
end of the qrant term. Once reviewed and approved, the payment
reimbursement will be processed.
Up to four reimbursement requests are available per year, per cycle,
and no less than one per year, per cycle. Exceptions to this schedule
must be pre-approved in writing by your CIWMB Grant Manager.
Required Documents and Format for Payment Request
A complete payment request must include the following items in the
order listed in addition to a brief narrative that explains for what
activities the expenses were incurred, if the payment request is not
submitted with the annual report. (The CIWMB Grant Manager may
require additional narrative to fully understand the nature of the
expenditures.)
1. Grant Payment Request Form (CIWMB 87) - This form must
be signed by the individual authorized by the resolution.
ExhibitBl-P"f~l2s
UBGl3
Reimbursement
Payments (confd)
Advance Payment
Option
Version 207
2. Expenditure Itemization Summary (CIWMB 667 or Grantee's
own version) - All expenditures must be itemized and arranged
by the Reporting and Expenditure Categories.
Note: all expenditures must be accompanied by documentation that
describes the E1S categories for which the funds were spent, when they
were spent, who did the work or spent the funds and the invoice
numbers associated with the spent funds. Effective July 1, 2006, each
EIS must be accompanied by supporting documentation for each line
item expense. The supporting documentation should be an invoice,
receipt, or if not, a purchase order with proof of payment (e.g.,
cancelled check, bank statement, accounting report) or other proof of
payment documentation.
Please contact your CIWMB Grant Manager for approval if you intend
to provide some other form of supporting documentation.
3. Personnel Expenditure Itemization Summary (C1WMB 165)
for Grantee staff as well as consultants and subcontractors or an
eouivalent form (if pre-approved bv the CIWMB Grant Manaoer)
that captures all the same data. This form must be sioned bv
the Sionature Authoritv or bV personnel or accountino. not bv
someone within the proqram that administers the orant.
a. . Travet Expense Form (CIWMB form or Grantee's own
version)
Most UBG funds will be paid by reimbursement payments. Under this
payment method, the CIWMB retains ten percent (10%) of the
requested amount until the grant is closed out. The remaining ten
percent (10%) reimbursement payment (Withhold amount) will be
released to the Grantee at the conclusion of the grant term once the
Grantee has complied with all grant provisions.
. The Grantee will have to incur costs for the entire grant amount.
. The Grantee is responsible to ensure that subcontractors who
administer and/or implement the grant on behalf of the Grantee
comply with this Grant Agreement.
. The Grantee must spend all of the available funds from the
oldest UBG prior to spending any funds from more recent UBGs.
For example, utilize all funds from the 12th cycle grant before
showing any 13th cycle expenses on the EIS.
. It is acceptable to split an invoice across two separate UBG
cycles in order to "zero out" all funds in the oldest UBG before
using funds from a more recent UBG.
The advance payment option is available at the C1WMB Grant
Manaqer's discretion for C1rantees receiving $20,000 or less, and
for multi-iurisdictional and regional Grantees whose individual
jurisdictions would have received $20,000 or less had they applied
ExbibitBl-Pa9'j~30
UBGl3
Advance Payment
Option (cont'd)
Sequence of
Spending
Interest on Advance
Payments
Version 207
individually. Staff will consider exceptions to the reimbursement
policy for financial hardship situations on a case-by-case basis.
Where advance payment has been approved, UBG recipients will
receive ninety percent (90%) of their UBG award in advance once the
Grant Agreement is fully executed and a signed Grant Payment
Request is submitted. Advancement of funds is conditional upon full
repayment of all outstanding UBG funds and interest owed to the
CIWMB.
In cases where a UBG recipient receives a ninety percent (90%)
payment advance, the CIWMB retains ten percent (10%) of the
awarded grant amount until the grant is closed out. The remaining ten
percent (10%) from the overall UBG amount will be released to the
Grantee at the conclusion of the grant term once the Grantee has
complied with all grant provisions and has incurred eligible costs that
meet or exceed one hundred percent (100%) of the grant award plus
accrued interest.
. The Grantee will have to incur eligible costs for the ninety
percent (90%) advanced and the interest accrued or return
any unspent advanced funds to the CIWMB. If the Grantee
chooses not to incur costs equivalent to the ten percent
(10%) withheld from the overall UBG amount, the CIWMB
will retain the ten percent (10%) withhold and close the grant.
If the Grantee incurs costs that cover all or part of the ten
percent (1 Oo/~) withheld, the CIWMB will reimburse those
eligible costs, retain any remaining funds of the ten percent
(10%) withhold, if any, and close the grant.
Note: CIWMB will formally invoice any unspent advanced qrant
funds or interest accrued.
. The Grantee must spend all of the available funds from the
oldest UBG prior to spending any funds from more recent
UBGs. For example, utilize all funds from the 12th cycle
. grant before showing any 13th cycle expenses on the EIS.
. It is acceptable to split an invoice across two separate UBG
cycles in order to "zero out" all funds in the oldest UBG
before using funds from a more recent UBG.
'Interest earned for each UBG Cycle advance must be tracked and
accounted for separately. All grant funds must be placed in an interest-
bearing account with a fully insured financial institution. Any interest
accrued and received from this account may only be used after
receiving prior written approval from the CIWMB Grant Manager and
then may only be used for eligible expenses related to the grant. .
Supporting documents (e.g" copies of invoices, receipts, timesheets,
payroll reports) must be submitted to the CIWMB Grant Manager to
ExhibitBI-P~131
UBG13
Interest on Advance document the expenditure(s).
Payments (cont'd)
Supporting
Documentation for
All Expenditures
Version 207
Interest accrued must be stated on the FINAL EIS only.
In cases where grant funds are forwarded directly to a contractor for
expenditure, the Grantee is subject to the same requirements
pertaining to tracking of accrued interest, unless the money is spent by
the Grantee within ninety (90) days of issuance of the funds to the
Grantee. Therefore, the Grantee is required to impose upon any
contractor to which it entrusts advanced grant funds the obligation to
comply with the requirements of the Grant Agreement regarding
interest. The Grantee is ultimately responsible for all advanced funds
and accrued interest thereon.
The Grantee is responsible to ensure that subcontractors who
administer and/or implement the grant on behalf of the Grantee comply
with the terms of this Grant Agreement.
Anv unused interest accrued must be returned to the CIWMB at the
end of the qrant term. Grantees should contact their administration and
finance office to establish a process to track and report this interest.
Supporting documentation - Documentation for all expenditures
claimed on the Grant Payment Request should be retained for a
minimum of 3 years after closeout of the grant term for audit purposes.
(see Audit/Records Access in Terms and Conditions (Exhibit A).
Beginning on July 1, 2006, Grantees will be required to submit copies
of supporting documents (e.g., copies of invoices, receipts) for
expenditures other than personnel to accompany EISs. Personnel
Expenditure Summary documents or equivalent (e.g., timesheets, labor
hour reports, payroll reports) must be submitted for all personnel costs.
Retain the original documents at your office. Types of acceptable
documentation include but are not limited to:
. Invoices that include vendors name, telephone number and
address; a description of goods or services purchased;
amount due; and date
. Receipts that include the same information as invoices.
. Purchase orders that include the same information as
invoices and must be accompanied by proof of payment
(e.g., copies of cancelled checks)
. Personnel Expenditure Summary Form (CIWMB 165 or
your own version) that documents actual time spent on
grant-related activities
. Travel Expense Form (CIWMB form or your own version)
that documents costs related to travel and includes
supporting documentation
. Samples of all publicity and education materials purchased
or developed with grant funds
ExhibitBl-palif~j32 UBG13
Supporting
Documentation for
All Expenditures
(cont'd)
Ten Percent
Withhold
Overhead/Indirect
Costs
Versian 207
. Proof of Payment (e.g. copies of cancelled checks and/or
documented payment within the financial records.)
Ten percent (10%) will be withheld from each Grant Payment Request
and paid at the end of the grant term when all reports and conditions,
stipulated in the Grant Agreement, have been satisfactorily completed.
To be reimbursed for the 10% Withhold from the grant, submit a Grant
Payment Request Form along with the final EIS and other required
documents.
Overhead and indirect costs can be claimed by Grantees. The
following guidelines must be used when claiming these costs:
. The total cost of overhead and indirect cost charged to the grant
shall not exceed ten percent (10%) of the grant award amount.
These costs are expenditures not capable of being assigned or
not readily itemized to a particular project or activity, but
considered necessary for the operation of the organization and
the performance of the program. The costs of operating and
maintaining facilities, accounting services, and administrative
salaries are examples of overhead and indirect costs. All
overhead and indirect costs charged to the grant must be
associated with grant-related activities.
If you are uncertain whether a given cost is considered an
overhead/indirect cost by the C/WMB, contact your CfWMB
Grant Manager.
. Direct costs charged directly to the grant shall not be included in
the overhead/indirect cost formula.
. Supervision performed by Managers and Supervisors can be
included in the overhead/indirect cost formula; and therefore, will
not be a direct charge to the grant. On the other hand, if a
Manager or Supervisor performs an activity that is directly
related to the execution of the grant (not supervision), costs
associated with this activity may be included as a direct charge.
However, any such activity must be clearly supported by
appropriate documentation and shall not be charged to the grant
as overhead or indirect cost.
. The Grantees must maintain organized and accurate records
that follow generally accepted accounting principles (GAAP) and
leave an audit trail. The Grantee must provide access to all
documents related to the grant program and fiscal operation of
the grant program as deemed necessary by the CIWMB.
ExhibitBI-P'i!:31~3
UBG13
Overheadllndirect
Costs (cont' d)
Exceptions
Program Annual
Report
Version 207
. The Grantees must have on file an internally approved Cost
Allocation Plan which specifically documents how the cost
amount was established and which is supported by formal
accounting records to substantiate the charges. The Cost
Allocation Plan must be approved by an appropriate
Supervisor/Manager in your agency. The Cost Allocation Plan
must identify program elements included in the overhead/indirect
cost calculation. See the sample "Cost Allocation Plan"
calculation listed below:
Total department indirect cost divided by total
department direct cost base equals the
overheadlindirect cost rate.
. If the Grantee utilizes a contractor to administer and/or
implement the grant, then the overhead and indirect costs of
such contractor may be chargedto the grant only to the extent
that such costs could have been charged by the Grantee.
Exceptions to the provisions of the Grant Agreement may be
considered on a case-by-case basis.
All requests for exceptions must be submitted in writing and approved
in writing by your CIWMB Grant Manager prior to the implementation or
expenditure of the approved exception. The Grantee is responsible for
retaining documentation of any exceptions to the Grant Agreement for
audit purposes.
Grantees are required to submit an Annual Rep"Ort on August 15th of
each year demonstrating program progress and how they have spent
their UBG funds for the previous fiscal year (July 1 - June 30).
Grantees are required to report on each active UBG in a single Annual
Report. The report must clearly identify the grant cycles. Grantees
that do not show progress toward implementation of a used oil and
used oil filter collection and education program may not receive all or
part of the UBG allocation for the current year which began on July 1.
This lack of performance will also be noted if Grantees apply for future
Used Oil and/or HHW funds.
Grantees will lose eligibility for the c;;urrent grant cycle which began on
July 1 if the grantee fails to submit the completed Annual Report by
August 15 or fails to submit a completed report during a grace period
determined by the Grant Manager. Grantees will not lose their
eligibility for subsequent grant cycles if they submit a completed
application during the next cycle's application period and meet the
mandates of the Terms and Conditions and the Procedures and
Requirements of all previous UBG cycles, including submission of all
required completed reports. Grantees will also be required to
submit a statement explaining why they missed the Annual Report
Exhibit Bl- Pag, ~~34
UBGl3
Program Annual
Report (cont'd)
Final Reports
Vemian 207
deadline and what corrective action they have taken to ensure
future compliance. The corrective action must meet the approval
of the CIWMB Grant Manager.
All forms can be downloaded from the CIWMB website at
http://www.ciwmb.ca.QovIHHW IForms.
Final Reports for Grant closures require additional documentation and
may be submitted early if activities are completed and all funds
expended before the end of the grant term. Grants are not considered
closed until all the reporting requirements have been met, all available
funding has been expended or returned to the CIWMB, and/or the grant
term has expired. The Final Report covers activities conducted
between the last Annual Report and the grant closure date. If an
advance was approved, any unexpended advanced grant funds and/or
interest accrued (if applicable) must be returned to the CIWMB or the
Grantee will be invoiced by the CIWMB.
Note: All invoices, receipts, etc. must be submitted no later than
December 31 of the same calendar year in which the grant term
ends.
Items required for a Final Report:
1. Completed Annual Report Form (CIWMB 644) if orant is
completed bv June 30 or a summarv of activities completed
since the last Auoust 15 Annual Report if orant is closed earlv.
The followinQ disclaimer must appear on the cover paqe of the
report:
"The statements and conclusions of this report are those of the
Grantee and not necessarily those of the California InteQrated
Waste Manaqehlent Board. its employees. or the State of
California. The State makes no warranty. express or implied,
and assumes no liability for the information contained in the
succeedinq text."
For Grantees receiving $20,000 or less per grant cycle, the
narrative responses need to be provided on the Annual Report
Form and all other sections must be completed. All Grantees
must submit a complete Annual Report Form. Refer to the Used
Oil Block Grant Annual Report Form located on our website.
2. Certified Collection Center Site Visit Checklists (if not submitted
earlier) (CIWMB 665)
3. Recycled-Content Product Certification Form (RCP) (CIWMB
748) for each item purchased with grant funds (submit a
separate form for each supplier).
ExhibitBI-Pa,'S1~5
UBG13
Final Reports
(cont'd)
Annual Site Visits
Audit
Considerations
Version 207
4. Samples of Premiums and Printed Material
a. A digital image of each premium item in a commonly
accepted format, and all final printed publicity and
education materials. The photographs of the premiums
must show compliance with requirements of the grant (i.e.
011 logo, "funded by grant from" phrase, "Zero Waste-
You Make it Happen!," etc.) More than one digital image
may be submitted if needed to capture all required
components or to accurately illustrate the item. If
compliance with procedures cannot be clearly captured in
a photographic image, then an original copy of the
premium item must be submitted.
b. A PDF copy of graphics is acceptable. The CIWMB
Grant Manager may ask for a copy of the graphic in its
original format.
c. Two photographs, from different angles, for large items
such as equipment or structures.
d. A photograph of each event attended or conducted (if not
previously submitted).
5. Samples of Final Television, Video and Radio Ads. A final copy
of each ad (if not previously submitted) in the appropriate media
format (DVD format for videos and CD-rom for radio ads).
FAILURE TO SUBMIT THE REQUIRED ANNUAL REPORTS BY THE
SPECIFIED DEADLINES MAY CAUSE THE GRANTEE TO BE
INELIGIBLE FOR THE CURRENT UBG CYCLE AND MAY RESULT
IN INVOICING OR TERMINATION OF OTHER OPEN UBG CYCLES.
Annual site visits to the Grantee's Certified Collection Centers are a
grant requirement during each fiscal year. Grantees must visit at least
one Certified Collection Center per 100,000 population. For more'
detailed information, refer to the CIWMB web site. Please submit site
visit forms (CIWMB 664 or CIWMB 665) as soon as completed, to
your CIWMB Grant Manager. Unless previously submitted within
the current fiscal year, these forms must be submitted with the
Annual Report.
Documentation and a clear audit trail are essential to grant
management.
The Grantee agrees to maintain records for a possible audit for a
minimum of three (3) years after final payment 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.
Examples of audit documentation include, but are not limited to,
Exlllbit B 1 - Pag; 3~ 36
UBGl3
Audit
Considerations
(cont'd)
expenditure ledger, payroll register entries, time sheets, personnel
expenditure summary form, travel expense log, paid warrants,
contracts and change orders, samples of items and materials
developed with grant funds, invoices and/or canceled checks.
Refer to the Terms and Conditions (Exhibit A) for more information.
I The crwMB reco=ends and distributes the following curricula free of charge to teachers: Earth Resources - A Case
Study: Oil- appropriate for 6-12 grades. Closing the Loop: 2000 edition - appropriate for K-6 grades (this unit includes
HHW specific lessons for both the K-3 grade level and the 4-6 grade level).
The CIWMB bas copies of these curricula. For more information, visit wv,rw.ciwmb.ca.'i2ov/schools or
call (916) 341-6769.
2 There are only two acceptable Spanish translations: "Financiado por una beca del California Integrated Waste
Management Board" or "Patrocinado por fondos del California Integrated Waste Management Board." For other
languages, you must work with a certified translator or person fluent in reading and writing that language.
3 For information on minimum recycled-content products, see W\VW.ciwmb.ca.2:ov/BuvRecvcled/StateA'i2ency/.
Version 207
Exhibit B 1 - Page 19
13-37
UBGl3
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING AND APPROPRIATING $81,281
IN UNANTICIPATED REVENUES AWARDED TO THE CITY
OF CHULA VISTA, AS THE LEAD AGENCY FOR THE
SOUTH BAY USED OIL RECYCLING PROGRAM, FROM
THE CALIFORNIA INTEGRATED WASTE MANAGEMENT
BOARD'S USED MOTOR OIL RECYCLING BLOCK GRANT
FOR 2007-2008, 13TH CYCLE AND AMENDING THE FY 2008
WASTE MANAGEMENT AND RECYCLING BUDGET
WHEREAS, the California Used Oil Enhancement Act (1999) [Act] requires the
collection of four cents for every quart of lubricating oil sold, transferred and imported into
California from oil manufacturers; and
WHEREAS, Chula Vista consumers pay four cents per quart into the fund when they
purchase oil; and
WHEREAS, the Act mandates that the California Integrated Waste Management Board
[CIWMB] use a portion of the funds to provide block grants to local governments for used oil
programs that encourage used oil and oil filter recycling; and
WHEREAS, Chula Vista is the lead agency for the Used Oil Recycling Program for the
South Bay cities of Chula Vista, Imperial Beach and National City; and
WHEREAS, the scope of work for this grant is a "regional" program that includes the
cities ofChula Vista, Imperial Beach, and National City; and
WHEREAS, the program targets regional watershed protection issues that affect all the
cities that share the South Bay watershed; and
WHEREAS, the primary purpose of this block grant is to provide alternatives to illegal
disposal of used motor oil through a network of collection opportunities and outreach efforts
designed to inform and motivate the public to recycle used oil; and
WHEREAS, this grant will provide continued technical assistance and new supplies for
approximately thirty (30) free used oil recycling drop-off centers and curbside collection
programs in Chula Vista, National City and Imperial Beach; and
WHEREAS, the public education component will allow the City to continue to provide
advertising, portable displays, point of purchase displays, the Used Oil Hotline, billing inserts,
bottles, funnels or drain pans; and
WHEREAS, this will also allow staff to have a booth at the various car shows, public
events, and auto part stores throughout the South Bay, reaching out to our target audience, the
"Do It Y ourselfers."
J:\Altomey\RESO\GRANTS\GRANT Acceplance CIWMB Used MotorOil_02-05-08.dOj 3 - 38
Resolution No. 2008-
Page 2
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept and appropriate $81,281 in unanticipated revenues awarded to the City
of Chula Vista, as the lead agency for the South Bay Used Oil Recycling Program, from the
California Integrated Waste Management Board's Used Motor Oil Recycling Block Grant for
2007 -2008, 13th cycle.
BE IT FURTHER RESOLVED that the City Council does hereby amend the FY 2008
Waste Management and Recycling Fund Budget.
Presented by
Approved as to form by
Dave Byers
Director of Public Works
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