HomeMy WebLinkAbout2008/02/05 Item 11
t.
CITY COUNCIL
AGENDA STATEMENT
~V;!f:. ClIT OF
-- - - CHULA VISTA
02/05/2008, Item / J
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE AWARD AND
APPROPRIATING $300,000 IN UNANTICIPATED REVENUES
FROM A GRANT FROM THE CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD HOUSEHOLD HAZARDOUS
WASTE GRANT PROGRAM FOR THE 16TH CYCLE AND
AMENDING THE FY08 WASTE MANAGEMENT AND
RECYCLING BUDGET At
DIRECTOR OF PUBLIC WORKS ~
CITY MANAGER <>)- -Fo...- ]) r<:: ~
ASSISTANT CITY MANAGER S r
4/5THS VOTE: YES Ii'! NO 0
ITEM TITLE:
REVIEWED BY:
BACKGROUND
In June of 2007, staff submitted a grant funding application to the California Integrated Waste
Management Board (CIWMB) for Household Hazardous Waste activities, related to expansion
of the Universal Waste Collection Program, and development of a medical needles/sharps proper
disposal system for residential households, on behalf of the South Bay Regional Household
Hazardous Waste Partnership (consisting of Imperial Beach, National City, and Chula Vista as
the lead agency) under authorization contained in Chula Vista City Council Resolution # 2007-
204 and supporting letters from the Partnership agencies. The CIWMB has awarded the
$300,000 request and given staff the Notice To Proceed with the proposed programs. (See
Attachments)
ENVIRONMENTAL REVIEW
Not applicable.
RECOMMENDATION
Staff recommends that Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
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02/05/2008, Item_
Page 2 of 3
DISCUSSION
The City of Chula Vista, in partnership with the cities of Imperial Beach and National City,
submitted a Household Hazardous Waste (HHW) grant application for funding to improve
collection opportunities and increase awareness of proper disposal requirements for targeted
materials - Universal Waste items (electronics, fluorescent lamps, batteries, mercury devices)
and needles and sharps generated in home health care. Effective September 1, 2008, needles and
sharps will be banned from landfill disposal. This ban includes hypodermic needles, hypodermic
needles with syringes, lancets, blades, needles with attached tubing, syringes contaminated with
biohazardous waste, acupuncture needles, root canal files, broken glass items such as Pasteur
pipettes, and blood vials generated as waste from home health care activities.
Funding for these activities via the City's AB 939 fee on trash service rates is not enough to
handle the potential impact on the HHW program budget if all the targeted items purchased
annually were properly handled by Chula Vista's residents at the HHW drop-off facility.
Therefore, the proposed grant proj ects for these targeted materials include establishing a
partnership "take back" program with the retail stores and pharmacies that sell these products,
making proper disposal more convenient for consumers and reducing costs to the City.
Grant work includes:
. Developing agreements with retail pharmacies to take used household batteries and
sharps
. Preparing an RFP for collection of these materials from the stores
. Preparing in-store promotional materials
. Preparing flyers and direct-mail materials for public education
Staff has already had positive discussions with several retail pharmacies and will continue
discussions with others to begin a "take back" pro gram for the targeted materials.
Other grant activities include more one-day, temporary, collection events for electronics,
fluorescent lamps, batteries and mercury devices. These events will be open to all residents in
Chula Vista, National City and Imperial Beach and funded through this grant. When the details
of these events are finalized staff will provide Council with program information along with
public education pieces.
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
18704.2(a)(l) is not applicable to this decision.
FISCAL IMP ACT
The grant is a reimbursement grant and was awarded through a competitive process. There is no
impact to the general fund as a result of accepting this award and implementing the work; no
matching funds are required.
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02/05/2008, Item
Page 3 of 3
ATTACHMENTS
Letter of Notice to Proceed
Grant Contract
Resolution
Prepared by: Lynn France, Environmental Services Program Manager, Public Works Department
11-3
~
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LINDA S. ADAMS
SECRE:'TARY fOR
ENVIRONMENT AI. PROTECTION
MARGO REID BROWN
CHAIR
MBROWN@C1WMB.CA.GOV
(916) .Hl-60S1
WESLEY CHESBRO
WCHESBRO@CIWMB.CA.GOV
(916)34<1-6059
JEFFREY DANZINGER
JDANZINGER@CIWMB.CA.GOV
(916)3401-60240
ROSAUE MULE
RMULE@CIWMB.CA.GOV
(916)341-6016
CHERYL PEACE
CPEACE@CIWMB.CA.GOV
(916)341-6010
GARY PETERSEN
GPETERSEN@CIWMB.CA.GOV
(916)341-6055
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CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD
.
ARNOLDSCHWAR2ENEGGE
GOVERNOR
10011 STREET, SACRAMENTO, CALIFORNIA 95814- P.O. Box 4025, SACRAMENTO, CALlFORNIA 95812-4025
(916) 341-6000' '\N'W\1v'.CIWMB.CA.GQV
December 12, 2007
Manuel Medrano
Chula Vista
Resource & Waste Management Services
1800 Maxwell Road
Chuia Vista, CA 91911
NOTICE TO PROCEED - Household Hazardous Waste Infrastructure Grant
HD16F (16'h Cycle) Fiscal Year (FY) 2007/08
Grant Number: HD16F-07-22
Dear Manuel,
This letter confirms your Notice to Proceed authorization start date as stated in the
attached electronic message.
Enclosed is a copy of your executed Grant Agreement referencing Exhibit A: Terms and
Conditions and Exhibit B: Procedures and Requirements which list ail the requirements
for this Grant. These wlil be posted on the CIWMB website at
htto:i/www.ciwmb.ca.qov/HHW/Grants/16thCvcle/ .
This grant term ends March 31,2010. The final report is due March 31,2010.. Your
cooperation in keeping the Household Hazardous Waste Infrastructure Grant Program
up-to-date of any changes to primary contact, address, telephone number, or other
pertinent information Is required. Downloadabie copies of payment request forms and
reporting forms are located at http://www.ciwmb.ca.oov/HHW/Forms/
Should you have questions regarding your HD16F Grant project, please contact your
Grant Manager, Linda Dickinson, at (916) 341-6437 or Idickinson@ciwmb.ca.gov. Your
Grant Manager will provide resources to you regarding solutions and best practices used
by others for your consideration.
Sincerely,
Steven J{emanaez
Steven Hernandez, Supervisor
Section A
Grant and Loan Resources Branch
Enclosures: Executed Grant Agreement; Electronic Notice to Proceed
cc: Linda Dickinson
@
ORlGrN.~L PRiNTED ON 100". PO$T_CONSV.\/ER CONTENT. PROCESSED CHI-ORINE. FRE.E. P.~PER
11-4
STAlE. OF CALifORNIA' ENVIRONMEtiTAL PROTECTION AGENCY
GRANT AGREEMENT
CTWMB110 (RBVlslld 08107)
@(Q)~
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
I GRANT NUMBER
HD16F-07.22
NAME OF GRANT PROGRAM
20072008 Household Hazardous Waste Discretionary Grants
GRANTEE NAME
Ci of Chula Vista
TAXPAYER'S FEDERAL EMPLOYER IDENTIF1CATlON NUMBER
TOTAL GRANT AMOUNT NOT TO exceeD
$300,000.00
TERM OF GRANT AGREEMENT
FRDM: October 1, 2007
TO: March 31. 2010
THIS AGREEMENT is made and entered into on this 20th day of Seotember 2007 J by the State of California, acting through the Executive Director of the
California Integrated Waste Management Board (the ~State.) and City of Chula VISta (the ~Grantee"). The State and the Grantee, in mutual consideration of the
promises made herein, agree as fallows:
The Grantee agrees to perform the work described in the Work Plan attached hereto as Exhibit C according to the Budget attached hereto as Exhibit D.
The Grantee further agrees to abide by the provisions of the following exhibits attached hereto:
Exhibit A - Terms & Conditions
Exhibit B ~ Procedures & Requirements
Exhibit C - Work Plan
Exhibit D - Budget
Exhibits A, B, C and D 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)
CALIFORNiA INTEGRATED WASTE MANAGEMENT BOARD
City of Chula Vista
SIGNATURE OF CIWMB'S AUTHORIZED SIGNATORY:
SIGNATURE OF GRANTEE:
(AS AUTHO ED IN R~ DESIGNEE AUTHORIZATION)
UNT ENCUMBERED BY THIS
GREEMENT
TITLE
JAVIV'''", .,...~"{.,, l <-~-I'v':"'! ~;
Authorlzed re resentative ~
GRANTEE' ADDRESS (INCLUOE STREET, CliY,
C:fel<L',...i )""Vll~.5 wi""
I~"o. AA",.)(Wr'P{ T2-J
CERTIFICATION OF FUNOING
PROGRAWCATEGORY (CODE AND TITLE)
FUND TITLE
DATE
Mark Leary, Executive Director
20072008 Household Hazardous Waste Discretionary Grants
JWMA Clearing Account
$300,000.00
(OPTIONAL USE)
PRIOR AMOUNT eNCUMBERED
FOR THIS AGREEMENT
rT"EM
CHAPTER
STATUTE
FISCAL YEAR
OTAl AMOUNT ENCUMBERED TO
DATE
$300,000.00
3910-101-0387
BJECT OF EXPENDITURE (CODE AND Tm.E)
171
2007
20072008
1000-75130-705
. I hereby certify upon my own personal knowledge that budgeted funds are available
or the period and urpose of the expenditure stated above.
SIGNATURE OF CIWMB ACCO-VNTiNG OFFICER;
,*\ i. ""-
(~) A)......' "
T .BA NO.
/ 'i/"5/7
B.R. NO.
i
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11-5
e
LiNDA S. ADAMS
SECRrrUY FOR
ENVIRONMENTAl. PlloncT10l'l
MARGO REID BROWN
CHAIR
MBROWN@CIWMB.CA.GOV
(916) "H05l ,
WESLEY CHEsBRO
WCHESBRO@CIWMB.CA.GOV
(916) !~1-6059
JEFFREY DANZTh'GER
IDANZINGER@c1wMB.CA.GOV
(916) 341-6024<
I
ROSAUE MULt I
RMUL~C~a~GOV
(916) 341-6016
CHERYL PEACE I
CPEAcE@crwMB.CA,GOV
(916)541-6010
GARY PETERSEN
GPETERSEN@CrwMB.CA.GOV
(916) '''-60'5
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Ig".o
CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD
.
AJ!NOLD SOfWA.RZl:N:EQCE:
covrit.NOR.
1001 I STItEET, SACRAMENTO, CAuFOR.NlA 95814.- P.O. Box 4025, SACRAMENTO, CALIFORNLA 95812-4025
(gIG) 541-6000. WWW.Cr.v/Nm.CA.GOV
October 22, 2007
Manuel Medrano
City of Chula Vista
Resource & Waste Management Services
1800 Maxwell Road
Chula Vista CA 91911
SUBJECT: Fiscal Year 2007/08 HD16F Household Hazardous Waste
Infrastructure Grant Award
Congratulations on the award of your Household Hazardous Waste Infrastructure Grant
(16th Cycle) from the California Integrated Waste Management Board (CIWMB). The
California Integrated Waste Management Board (CIWMB) made awards totaling
$4,768,053 to support local government efforts, including those of tribal governments, to
develop collection infrastructure that will reduce the amount of household hazardous waste
disposed at solid waste landfills. Your agency has been awarded $300,000.00. Enclosed
are the Grant Agreement and its appendices: Terms and Conditions (Exhibit A),
Procedures and Requirements (Exhibit B), Work Plan (Exhibit C), and Budget (Exhibit D).
Before you may incur expenses relative to this grant, you must wait for the official
"Notice to Proceed." Your grant manager will send the Notice to Proceed once the
CIWMB has received and processed your signed Grant Agreement. To facilitate that
process, please review the enclosed documents and follow the instructions below:
1. On the Grant Agreement, complete the lines entitled: "Grantee's Signature, Title,
Date, and Grantee's Address." Check the grant application you submitted with your
application in May. The "Authorized Representative" MUST be the person identified
in your Council/Board resolution as having signature authority for your jurisdiction( s)
for the purposes of this grant. If your resolution includes the term, "or designee," you
must submit a letter signed by the primary signature authority naming the designee(s).
2. Return onlv the Grant Agreement with an original signature within 90 days to:
California Integrated Waste Management Board
Attn: Ms. Io Glenn
Grant and Loan Resources Branch, HDI6F Grant
1001 "I" Street, MS-19A, P.O. Box 4025
*
01lJGINAL PRfT~ "l"OS'T..caNSlJME1I. CONTZNT. PRoc:e:ss&D CHL01/JNE. F'1fEl;J'JtPEJI.
Sacramento, CA 95812-4025
Keep one copy of Exhibits A, B, C, and D for your file and provide a set of these
documents to your finance department and your project supervisor for the grant activities.
A copy of the Procedures and Requirements and Terms and Conditions will also be posted
on the CIWME web site at www.ciwmb.ca.gov/grants for reference.
You are responsible for reading and understanding the enclosed documents. They describe
the proper administration of your Grant. Pay particular attention to Exhibit B, "Procedures
and Requirements," since questions frequently arise in the areas covered in this document.
For this grant cycle, revisions were made to the Procedures and Requirements for clarity
and conciseness. Please note the following significant changes to the Progress Report
(page 7, Exhibit B).
12 Permit by Rule (PBR) Copies ofPBR Notification Form {(Department of
Toxic Substance Control-DTSC Form 1171 or 1094(b)} are required for all
facility construction/expansion, temporary/mobile collection events, door-to-
door collection events, etc. and wherever PBR is required by law.
~ Prompt submittal ofProuess Reports - Failure to file Progress Reports in
compliance with the requirements set forth by the established deadlines may be
considered a breach of this Grant Agreement and may result in administrative
action up to and including termination of this Grant Agreement.
The grant award is conditional based upon the following:
1) The return of a complete and signed Grant Agreement within ninety (90) days
of the mailing date - January 20,2008- of the Grant Agreement Package by
the Board; and,
2) Full payment of any outstanding debt(s) owed by the proposed grantee to the
CIWME.
If you have any questions regarding this grant after you have reviewed the enclosed
documents, please contact the HD16 Cycle Lead, Elaine Novak at(9l6) 341-6380.
We look forward to working with you on your project.
Sincerely,
Ste'fJen Jfemancfez
Steven Hernandez
Supervisor, Section A
Grants and Loans Resources Branch
Enclosures: Grant Agreement and reference Exhibits A-D
11-7
ST,\TE OF CAUFORNIA. EN'v'lRONMENTAL PROTECTION A.GENCY
GRANT AGREEMENT
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
CIWMB,1D (R.vind D8ID7)
I GRANT NUMBER
HD16F-06-22
NAME OF GRANT PROGRAM
20072008 Household Hazardous Waste Discretionary Grants
GRANTEE NAME
Ci of Chula Vista
TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER
TOTAL GRANT AMOUNT NOT TO EXCEED
$300,000.00
TERM OF GRANT A.GREEMENT
FROM: October 1, 2007
TO: March 31, 201 0
THIS AGREEMENT is made and entered into on this 20th day of Seoternber 2007 , by the State of California, acting through the Executive Director of the
California Integrated Waste Management Board (the "State") and Citv of Chula Vista (the "Grantee"). The State and the Grantee, in mutual consideration of the
promises made herein, agree as follows:
The Grantee agrees to perionn the work described in the Work Plan attached hereto as Exhibit C according to the Budget attached hereto as Exhibit D.
The Grantee further agrees to abide by the provisions of the following exhibits attached hereto:
Exhibit A - Tenns & Conditions
Exhibit 8 - Procedures & Requirements
Exhibit C . Work Plan
Exhibit 0 . Budget
Exhibits At 8. C and 0 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 T'l'PE)
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
City of Chula Vista
SIGNATURE OF CIWMB'S AUTHORIZED SIGNATORY:
SIGNAruRE OF GRANTEE:
(AS AUTHORIZED IN RESOLUTION OR LETTER OF OESIGNEE AUTHORIZATION)
DATE
TITLE
DATE
Marl< Leary, Executive Director
Authcrtted re resentallve
GRANTEE' ADDRESS (INCLUDE STREET, CITY, STATE AND ZIP CODE)
MOUNT ENCUMBERED BY THIS
GREEMENT
CERTIFICATION OF FUNDING
PROGRAM/CATEGORY (CODE AND TITlE)
FUND TITLE
,20072008 Household Hazardous Waste Discretionary Grants
IWMA Clearing Account
$300,000.00
(OPTIONAl.. USE)
PRIOR AMOUNT ENCUMBERED
FOR THIS AGREEMENT
rrEM
CHAPTER
STATUTE
FISCAL YEAR
OTAL AMOUNT ENCUMBERED TO
DATE
$300,000.00
3910-101-0387 171
BJECT OF EXPENO!TURE (CODE AND TITLE)
2007
20072008
T.BANO.
7
BA NO.
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11-8
EXHIBIT A
TERMS AND CONDITIONS
Household Hazardous Waste Grant
Infrastructure Grant
Fiscal Year 2007/08 (Cycle 16)
This grant may not be funded unless the proposed Grantee meets the following two conditions:
I) The proposed Grantee must payor bring current all outstanding debts or scheduled payments owed
to the California Integrated Waste Management Board within ninety (90) days from the date of the
grant award. The Grant Agreement will not be released by the CIWMB until all outstanding invoices
have been paid. .
2) The proposed Grantee must complete, sign, and return the Orant Agreement within ninety (90) days
from the date recorded on the 'Grant Agreement package's cover letter:
The following terms used in this Grant Agreement (Agreement) have the meanings given to them below,
unless the context clearly indicates otherwise:
. "CIWMB" means the California Integrated Waste Management Board.
. "Executive Director" means the Executive Director of the CIWMB or his or her designee.
llGrant Agreement" and "Agreementtl means aI-I documents comprising the agreement between
the CIWMB and the Grantee for this Grant.
"Grant Manager" means the CIWMB staff person responsible for monitoring the grant.
"Grantee" means the recipient of funds pursuant to this Agreement.
. "Program" means the Household Hazardous Waste Infrastructure Grant Program.
. "State" means the State of California, including, but not limited to, the CIWMB and/or its
. designated officer.
1. ACKNOWLEDGEMENTS
2. ADVERTISING! PUBLIC
EDUCATION
3. AIR OR WATER
POLLUTION V10LAl'ION
The Grantee shall acknowledge the 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 other types of promotional
materials. The acknowledgement of the CIWMB's support must incorporate the
CIWMB logo and state "Funded by a Grant from the California Integrated Waste
Management Board, Zero Waste - You Make It Happen!" Initials or
abbreviations for the 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 the CIWMB' s Communication Strategy and
Outreach Plan. If, subsequent to thi,s Agreement, the CIWMB adopts updated or
new logos, slogans or language (language); the Grant Manager may require the
Grantee to include this language in newly prillted 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 ofmaterials~ Unless omission of the 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 (CIWMB). All rights reserved. This
publication, or parts thereof, may not be reproduced without permission from
CIWMB."
Under the State laws, the Grantee shall not be:
a. In violation of any order or resolution not subject to review promulgated bl'._
revised 4/19107 - Competliive rs & C's
11-9
4. AMENDMENT
5. AMERICANS WITH
DISABILITIEs ACT
6. ANTITRUST CLAIMs
the State Air Resources Board or an air pollution control district;
b. Subject to cease and desist order not subject to review issued pursuant to
Section 1~301 of the Water Code for violation of waste discharge
requirements or discharge prohibitions; or
,. c. Finally determined to be in violation of provisions offederallaw relating to
air or water pollution.
No amendment or variation of the terms of this Agreement shall be valid unless
made in writing, signed by the parties, and approved as required. No oral
understanding or agreement not incorporated into this Agreement is binding on
any of the parties. This Agreement may be amended, modified or augmented by
mutual consent ofthe parties, subject to the requirements and restrictions of this
paragraph.
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. (42V.S.C.gI2101 etseq.) .
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 of the Government Code 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
artd Professions Code), arising from purchases of goods, materials, or
services by the bidder for sale to the purchasing body pursuant to the bid.
Such assigrunent 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
actuai legal costs incurred and may, upon denian.d, 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, Jess the expenses incurred in obtaining that
portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year
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
2
revised 4119107 - Competitive Ts & C's
11-10
7. ASSIGNMENT,
SUCCESSORS AND
ASSIGNS
8. AUDIT/RECORDS
ACCESS
9. AUTHORiZED
REPRESENTATIVE
10. AVAJLABILllY OF
FUNDS
11. CHILD SUPPORT
COMPLIANCE ACT
12. COMMUNICATIONS
action. See Government Code Section 4554.
a This Agreement may not be assigned by the Grantee, either in wbole or in
part, without the CIWMB' s prior 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 n;presentative(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 graJ1t
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 ofany 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 ClWMB on all grant-related issues. Tbe
Grantee shall, at all times, keep the Grant Manager informed as to the identity
and contact information of the authorized representative.
The ClWMB'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$IOO,OOO, 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 (commencing with Section 5200) ofFart 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
Employment Development Department.
All communications from the Grantee to the ClWMB 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.
3
revised 4119/07 - Con:pe.tmve rs & C's
11-11
13. COMPETITIVE BIDDING
14. COMPLIANCE
15. CONFIDENTIALITY!
PUBLIC RECORDS
16. CDNFLlCT OF INTEREST
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 contnacting 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 shan provide evidence, upon
request, that all local, state, and/or federal permits, licenses, registrations, and
approvals have been secured for the purposes for which grant funds are to be
expended. The Grantee'shall maintain compliance with such requirements
throughout the grant period. The Grantee shall ensure that the requirements of
the California Environmental Quality Act are meHor any approvals or other
. requirements necessa1'y to carry out the tenms of this Agreement. Any deviation
from the requirements of this section shall result in non-payment of grant funds.
With each Payment Request (CIWMB 87), the Grantee's signature authority
shall either initial and certify under penaity of perjury that the Graotee's General
Checklist of Permits, Licenses, and Filings (CIWMB 669) on file with the
CIWMB is current and complete, or submit.an updated General Checklist of
Permits, Licenses, and Filings (CIWMB 669) available at:
w,vw.ci wm b. ca.!!OV IGran ts/F olTnslCIWM B 669 .doc.
The Grantee and the CIWMB acknowledge thai 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 (PCC) f 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 f 10411).'
a. For the t"wb~year period from t'ie date he or she left state employment: no
former state officer or employee may enter into acontract in which he or she
engaged in any o[the negotiations, transactions, planning, arrangements or
any part of the decision-making process relevant to the contract while
employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment,
no former state officer or employee may enter into a contnact with any state
agency ifhe or she was employed by that state agency in a policy-making
position in the same general subj ect area as the proposed contract within the
twelve month period prior to his or her leaving state service.
4
revised 4/19A:l7 - Competitive T's & C's
11-12
17. CONTRACTORSI
SUBCONTRACTORSI
VENDORS -
DEFINITIONS
18. CONTRACTORSI
SUBCONTRACTORS
19. COPYRIGHTS AND
TRADEMARKS
. If the 'Grantee violates any provisions of above paragraphs, such action by the
Grantee shall render this Agreement void. (pCC S 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 noi limited to, any requirements imposed by the
ClWMB.
Vendor; A person or entity that contracts to sell goods; the sale of services is
expressly excluded from this definition.
The drantee will be entitled to make use of its own staff and such contractors
and subcontractors as are mutually acceptable to the Grantee and the ClWMB.
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 drantee and, if applicable, the Contractor, shall incorporate the Tenns 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. Huwever, 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 ClWMB' s obligation to make payments to the Grantee. As a result, the
ClWMB 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 CrWMB any and all rights, title, and inierests to any
copyrightable material or trademarkable material created or developed in
whole or in any part as a result ofthis Agreement, but which originated from
previously copyrighted or trademarked material. With respect to all other
copyrightable and trademarkable materials, the ClWMB 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 materials. Grantee shall require
that its contractors and subcontractors agree that all such materials shan 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 oftext, 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
5
revised 4/1 9/07 - competitive rs & C's
11-13
20. CORPORATION
QUALIFIED DOING
BUSINESS IN
CALIFORNIA
21. OISCLAIMER OF
WARRANTY
22. DISCRETIONARY
TERMINATION
23. DISPUTES
24. DRUG-FREE
WORKPLACE
CERTIFICA nON
ClWMB 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-wide license 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: "0 {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
fmancial or pecuniary gain or profit.
The CTWMB 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 empl.oyees or agents have any
right or authority to make any other representation, warranty or promise with
respect to any materialsj 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 Grantee;
b. Submit an accounting of all grant funds expended up to and including the
date ofterrnination; and,
c. Reimburse the CIWMB for any unspent funds.
Unless otbervvise ins-q-ucted 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 peIjury 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
revised 4/19107 - CompetitivE! Ts & C's
6
11-14
25. EFFECTIVENESS OF
AGREEMENT
26. ENTIRE AGREEMENT
27 . ENVIRONMENTAL
JUSTICE
28. EXPATRIATE
CORPORATIONS
29. FAILURE TO PERFORM
AS REQUIRED BY THIS
AGREEMENT
30. FORCE MAJEURE
31. FORFEIT OF GRANT
FUNDS/REPAYMENT OF
FUNO~ IMPROPERLY
EXPENDED
violations.
b. Establish a drug-free awareness program to inform employees about all of
the following: (I) 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 subj ect hereof and, together with ail attachments hereto, contains
the entire Agreement of the parties.
In the performance of this Agreement, the Grantee shall conduct its programs,
policies, and activities that substantially affect human health or the environment
in a manner that ensures the fair treatment of people of all races, cultures, and
income levels, including minority populations and low-income populations of the
State.
The person signing this Agreement on behalf of the Grantee certifies under
penalty ofperjury under the laws of California, that the Grantee is not an
expatriate corporation or subsidiary of an expatriate corporation within the
meaning of Public Contract Coele Section 10286 and I 0286.1, and is eligible to
contract with the State of California.
The CIWMB wilf benefit from the Grantee's full compliance with the terms of
this Agreement only by the Grantee's:
a. Investigation and/or application of technologies, processes, and devices
which support reduction, reuse, and/or recycling of wastes; or
b. Cleanup of the environment; or
c. . Enforcement of solid waste statutes and regulations, as applicable.
Therefore, the Grantee shall be in compliance with this Agreement only if the
work it performs results in:
a. Application of information, a process, usable data or a product which can be
used to aid in reduction, reuse, and/or recycling of waste; or
b. The cleanup of the environment;. or
c. The enforcement of solid waste statutes and regulations, as applicable.
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, fire, explosion, riot, war,
rebellion, sabotage, flood, or other contingencies 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, in accordance with
this Agreement, or if real or personal property acquired with grant funds is not
being used, or has not been used, for grant purposes in accordance with this
Agreement, the Executjve Director, at his or her sole discretion, may take
appropriate action under this Agreement, at law or in equity, including requiring
the Grantee to forfeit the un~xpended portion of the grant funds and/or to repay__
7
revised 4/19107 - Competitive Ts & C's
11-15
32. GENERALLY ACCEPTED
ACCOUNTING
PRINCIPLES
33. GRANTEE
ACCOUNTABILITY
34. GRANTEE'S
INDEMNIFICATION AND
DEFENSE OF THE
STATE
35. GRANTEE'S NAME
CHANGE
35. NATIONAL LABOR
RELATIONS BOARD
CERTIFICATION
37. NO AGENCY
RELATIONSHIP
CREATED!
INDEPENDENT
CAPACITY
38. NON-DISCRIMINATION
CLAUSE
tD 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 grai1t program. In the event an
audit should determine that grant funds are owed to the CIWMB, the Grantee is
responsible for repayment of the funds to the CIWMB.
The Grantee agrees to inderrinify, defend and save harmless the State and the
CIWMB, and their officers, agents and employees from any and all claims and
losses accruing or resulting to any and all contractors, subcontractors, suppliers,
laborers, and any other person, firm or corporation furnishing or supplying work
services, materials, orsupplies 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 oflegal 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 person signing this Agreement on behalf of the Grantee certifies under
penalty of peIjury that no more than one final unappealable finding of contempt
of court by a federal court has been issued against the Grantee within the
immediately preceding two-year period because of the Grantee's failure to
comply with an order of a federal court which orders the Grantee to comply with
an order of the National Labor Relations Board. (Not applicable to public
entities.)
The Grantee and the agents and employees of Grantee, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees
or agents of the CIWMB.
a. During the performance of this Agreement, Grantee and its contractors shall
not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment on the bases enuroerated in
Government Code!i9 12900 et seq.
b. The person signing this Agreement on behalf of the Grantee certifies under
penalty of peIjury under the laws of California that the Grantee has, unless
exempted, complied with the nondiscrimination program requirements
(Government Code !i12990(a-f)) and California Code of Regulations, Title
2, Section 8103). (Not applicable to public entities.)
8
revised 411 9107 - CompetitNe T's & C's
11-16
39. OWNERSHIP OF
DRAWINGS, PLANS,
ANO SPECIFICATIONS
40. PATENTS
41. PAYMENT
. The State shall have separate and independent ownership of all drawings, design
plans, specifications, notebooks, tracings, photogTaphs, negatives, reports,
findings, recommendations, data, software, and memoranda of every description
or any part thereof, paid for in whole or in any part with grant funds. Copies
thereof shall be delivered to 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 in any manner when and where it may
determine without any claim to additional compensation.
The Grantee assigns to the CIWMB all rights, title, and interest in and to each
invention or discovery that may be capable of being patented, that is conceived
of or first actmilly reduced to practice in the course of or under this Agr~ement,
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 the CIWMB in the
preparation of any patent application. Under certain 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 retain all or any part of the ownership of these rights.
a. The Budget, attached to and incorporated herein by reference to this
Agreement as Exhibit D, states the maximum amount of allowable costs for
eac.h of the tasks identified in the Work Plan, which is attached to and
incorporated herein by reference to this Agreement as Exhibit C. The
CIWMB shall reimburse the Grantee for only the work and tasks specified
in the Work Plan at only those costs specified in the Budget and incurred in
the term of the Agreement
b. The Grantee shall carry out the work described on the Work Plan in
accordance with the Budget, and shall obtain the Grant Manager's written
approval of any changes or modifications to the Work Plan or the Budget
prior to performing the changed work or incurring the changed cost If the
Grantee fails to obtain such prior written approval, the Executive Director,
at his or her sole discretion, may refuse to provide funds to pay for such
work or costs.
c. The Grantee shall request reimbursement in accordance with the procedures
described in the Procedures and Requirements.
d. Ten percent (10%) will be withheld from each Payment Request and paid at
the end of the grant term, when all reports and conditions stipulated in this
Agreement have been satisfactorily completed. Failure by the Grantee to
satisfactorily complete all reports and conditions stipulated in this .
Agreement may result in forfeiture of any such funds withheld pursuant to
the ClViMB's ten percent (10%) retention policy.
e. Lodgings, Meals and Incidentals: Unless otherwise provided for in this
Agreement, Grantee's Per Diem eligible costs are limited to the amounts
authorized in the California State Administrative Manual (contact your
Grant Manager for more information).
f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the Grantee
receives a Notice to Proceed as described in Exhibit B - Procedures and
Requirements.
9
revised 4/19107 - Cbmpetfttve Ts & C's
11-17
42. PERSONAL
JURISOICTlON
43. PERSONNEL COSTS
44. REAL AND PERSONAL
PROPERTY ACQUIRED
WITH GRANT FUNDS
45. RECYCLED-CONTENT
CERTIFICATION
The Grantee consents to personal jurisdiction in the State of California for all
proceedings concerning the validity and operation of this Agreement and the
performance of the obligations iinposed upon the parties. Native American
Tribal Grantees expressly waive tribal sovereign immunity as a defense to any
and all proceedings concerning the validity and operation of this Agreement and
the performance of the obligations imposed upon the parties.
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. AIl 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 C1WMB approved their acquisition for so long as sucb property is needed
for sucb purposes, regardless of whether the Grantee continues to receive
grant funds from the CIWMB for sucb purposes. In no event sball the length
oftime during which such property, including equipment and supplies,
acquired with grant funds, is used for the purpose for wbicb 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 hi any real or personal property, including equipment
and supplies, and it shall be a condition of receiving this grant that the
CIWMB shaIl be in first priority position with respect to the purchase money
security interest on any such property acquired with tbe 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 shaIl 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 trarisfer Title to any real or personal property, including
equipment and supplies, acquired with grant funds to any other entity without
the express authorization ofthe CIWMB.
d. The CIWMB wlIl not reimburse the Grantee for the acquisition of equipment
that was previously purchased with CIWMB grant funds, unless the
acquisition of such equipment with grant funds is pre-approved in writing by
the Grant Manager. In the event of a question concerning the eligibility of
equipment for grant funding, the burden will be on the Grantee to establish
the pedigree of lbe equipment.
The Grantee shall certify the minimum, if not the exact, percentage of
postconsumer and secondary material in the products, materials, goods, and
supplies purchased with grant funds. This certification shaIl be provided to the
C1WMB on the Recycled Content Certification Form (C1WMB 74G) available at
www.ciwmb.ca.Eov/Grants/Forms/CIWMB074G.doc.
'0
revised 4/19107 - Competitive Ts & C's
11-18
46. RECYCLED-CONTENT
PAPER
47. RECYCLED-CONTENT
PRODUCT
PROCUREMENT
48. REDUCTION OF WASTE
49. REDUCTION OF WASTE
TIRES
50. REMEDIES
51. RESOLUTION.
52. SEVERABILITY
53. SITE ACCESS
54. STOP WORK NOTICE
55. SWEATFREE CODE OF
CONDUCT
All documents submitted by ille Grantee must be printed double-sided on
recycled-content paper containing one hundred percent (100%) post-consumer
(PC) fiber. Specific pages containing full color photographs or oiller ink-
intensive graphics may be printed OIl photographic paper.
In ille 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 (SABRC) minimum recycled content
requirements see www.ciwmb.ca.Rov/BuvRecycled/StateAgencv/. Ifille Grantee
cannot purchase RCPs, the Grantee must document why it was unable to comply
wiill this requirement and request written pre-approval from its Grant Manager to
deviate from this policy.
In the perforrtlance of this Agreement, grantee shall take all reasonable steps to
ensure that materials purchased or utilized in ille course ofille project are not
wasted. Steps should include, but not be limited to: the use of used, reusable, or
recyclable products; discretion in the amount of materials used; alternatives to
disposal of materials consumed; and ille practice of oiller waste reduction
measures where feasible and appropriate. .
. Unless otherwise provided for in this Agreement, in the performance of this
Agreement, for all purchases made wiill grant funds, including, but not limited to
equipment and tire-derived feedstock, ille Grantee shall purchase and/or process
only California waste tires and California waste tire-derived products. As a
condition of final payment underillis Agreeinent, the Grantee must provide
documentation substantiating the source of the tire materials used during the
performance of this Agreement to the Grant Manager.
Unless otherwise expressly provided herein, the rights and remedies bereunder
are in addition to, and not in limitation of, oiller rights and remedies under this
Agreement, at law or in equity, and exercise of one right or remedy sball not be
deemed a waiver of any other rigbt or remedy.
A county, city, district, or other local public body must provide the CIWMB with
a copy ofa resolution, order, motion, or ordinance of the local governing body,
which by law has authority to enter into an agreement,authorizing execution of
thiiAgreement and designating ihejob title of the individual authorized to sign
on bebalf 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
. ille provisions of such applicable law may be waived, illey are hereby waived to
the end illat this Agreement be deemed to be a valid and binding agreement
enforceable in accordance witi< its terms.
The Grantee sball allow the State to inspect sites at wbich grant funds are
expended a.."'1.d related work being performed at any time during the perform.~1.ce
of the work and for ninety (90) days after.completion of the work, or until all
issues related to the grant project bave been resolved.
Immedfately upon receipt of a written notice from the Grant Manager to stop
work, the Grailtee shall cease all work under this Agreement.
a. All Grantees contracting for the procurement or laundering of apparel,
garments or corresponding accessories, or the procurement of equipment,
materials, or supplies, oiller than procurement related toa public works
contract, declare under penalty of perjury that no apparel, garments or
11
revised 4/19/07 - CompetlfwB Ts & C's
11-19
56. TERMINATION FOR
CAUSE
57. TIME IS OF THE
ESSENCE
58. TOLLING OF STATUTE
OF LIMITATIONS
59. UNION ORGANiZiNG
60. UNRELIABLE LIST
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 ii1.
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 peIjury 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.gov. and Public Contract Code Section 6] 08.
b. The Grantee agrees to cooperate fully in providing reasonable access to the
Grantee's records, documents, agents or employees, or prerilises if
reasonably required by authorized officials of the CIWMB or its agent, the
Department ofIndustria! Relations, or the Department of Justice to
determine theGrantee's compliance with the requirements under paragraph.
Ca).
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 maimer 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 ofany funds retained pursuant to the CIWMB's ten
percent C1O%) retention policy.
Time is of the essence to 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!o the Executive Director and/or the Board.
By signing this Agreement, the Grantee hereby acknowledges the applicability of
Government Code 99 16645,16645.2,16645.8, )6646, 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. lfthe Grantee makes expenditures to assist, promote, or deter union
organizing, the Grantee will maintain records sufficient to show that no state
funds were used for those expenditures; and that Grantee shall provide those
records to the Attorney General upon -request.
.
Prior to authorizing a contractorCs) t6 commence work under this Grant, the
Grantee shall .<uhmit to the CIWMB a declaration from the contractorCs), 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 contractorCs). See
'V',"'''.ciwmb.ca.eov/ReguJations/Title14/ch J.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.
revised 4119/07 - Competitiv:. Ts & c's
12
11-20
61. VENUE! CHOICE OF
LAW
62. WANER OF CLAIMS
AND RECOURSE
AGAINST THE STATE
63. WORK PRODUCTS
64. WORKERS'
COMPENSATION!
LABOR CODE
a. All proceedings concerning the validity and operation of this Agreement and
the performance of the obligations imposed upon the parties hereunder shalJ
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, br 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 C1WMB with copies of all final products ideritified
in the Work Plan. .
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 commencing the perfOlmance of
the work of this Agreement.
13
revised 4/19107 - Compeative Ts & C's
11-21
EXHIBIT B
PROCEDURES AND REQUIREMENTS
Household Hazardous Waste Grant (16th Cycle) for FY 2001108
Infrastructure Grant
Copies of these Procedures and Requirements should be shared with BOTH the Finance
Department AND the staff responsible for implementirig the grant activities.
Introduction
The Household Hazardous Waste (HHW) Grant Program is administered
through the California Integrated Waste Management Board (CIWMB).
These Procedures and Requirements describe project and reporting
requirements, report due dates, report contents, grant payment
conditions, eligible and ineligible project costs', project completion and
close-out procedures, records and audit requirements.
This document is incorporated by reference, and attached to, the Grant
Agreement.
All documents submitted must be printed double-sided on one hundred
percent (1 00%) recycled-content paper. Specific pages containing full-
color photographs or other ink-intensive graphics may be printed on
photographic paper. '
Milestones
November 2007 (tentative date) Grant Term Begins pending the Notice
to Proceed
March 31,2010
Progress Report Due (Covering
activities during 2007 to March 31,
2009) -
Grant Term Ends
Final Report (summary of activity from
Notice to Proceed to March 31,2010)
Final Payment Request DlJe
March 31, 2009
March 31,2010
March 31, 2010
No extensions will be granted for submittal of Final Report and Final
Payment Request.
Failure to submit the Final Report and Final Payment Request, with
appropriate documentation by March 31, 2010, may result in
rejection of the Payment Request and/or forfeiture by the Grantee of
claims for costs incurred that might otherwise have been eligible for
grant funding.
Questions?
All communication regarding this grant should be directed to your CIWMB
11-22
Where to send
Reports, Payment
Requests, etc.
Eligible Costs
Grant Manager. To find the name and telephone number of your CIWMB
Grant Manager, refer to www.ciwmb.ca.qov/HHW/Grants/Coiltacts.htm.
.. ..... ,
You may also call the main office number at (916) 341-6457.
Send your Reports, Payment Requests, and all other written
correspondence to your CIWMB Grant Manager's attention at:
California Integrated Waste Management Board
Sustainability Division
MS #9A
P.O. Box 4025, 1001 "I" Street
Sacramento, CA 95812A025
Attn: (your Grant Manager's name)
All expenditures must be only for activities, products, and costs included
in the approved Work Plan (Exhibit C) and approved Budget (Exhibit D),
and must be incurred, services provided and goods received, after
receiving Notice to Proceed and before the end of the Grant Term.
Any proposed revisions to the Work Plan and/or Budget must be
submitted and pre-approved in writing by the CIWMB Grant Manager
prior to Grantee incurring the proposed expenditures. Eligible costs
include, but are not limited to, the following: .
. Design of Permanent Household Hazardous Waste Collection
Facilities (PHHWCF) including faCility planning, site analysis,
conceptual design and the local approval process;
. Construction of Permanent Household Hazardous Waste Collection
Facilities (PHHWCF) including construction-expansion, equipment
and service;
. Costs, including materials, supplies, equipment and facilities must
be relatea to the management of HHW;
. Set-up and operation of temporary facilities for one-day or multi-day
collection events;
. Expenses that provide an opportunity for the collection of HHW,
including U-waste, that would not otherwise exist, e,g. private/public
partnerships; .
. Publicity and educational activities, particularly those that utilize
community-based social marketing, that support HHW and U-waste
collection, recycling, and use of recycled products, and/or pollution
prevention programs;
. Sharps containers that provide disposal instructions. The containers
must be collected at an established HHW collection facility in order
for the grant funds to c,over transportation and
disposal costs. The cost of this portion of a program is not to
1 f-23
exceed $40,000;
.
. Overhead or indirect costs up to ten percent (10%) if supported by a
Cost Allocation Plan. These costs are expenditures not capable of
being assigned, and not readily itemized to a particular project or
activity, but considered necessary fat the operation of the
organization and the performance of the program. The cost of
operating and maintaining facilities, accounting services, and
administrative salaries not directly related to Grant activities are.
examples of overhead and indirect costs; and
. Costs must be reasonable and focused on local needs as described
in the application.
Any propbsed revisibns to the Work Plan and/or the Budget must be
submitted and pre-approved in writing by the CIWMB Grant Manager
prior to Grantee incurring the proposed expenditures. The approval
document should be retained by the Grantee for audit purposes.
Ineligible Costs
Any costs not included in your approved budget, and not directly related
to the approved grant project,.are ineligible for reimbursement. If you
have any questions regarding ineligible costs, contact your CIWMB Grant
Manager. Ineligible costs include, but are not limited to:
. Costs (claimed as either grant expenses or matching monies)
incurred prior to the Notice to Proceed or after the.end of the grant
term;
. Costs currently coVered by another CIWMB loan, grant or contract;
Purchasing or leasing of land or buildings;
. Purchasing of vehicles by non-gbvernmental agencies;
. Leasing of gasoline-fueled vehicles (inCluding hybrid vehicles) by
non-governmental agencies unless pre-approved in writing by
CIWMB Grant Manager; .
. Cbsts to maintain an existing HHW program;
. Developing a permanent facility on non-government owned or
managed property; .
. Overtime costs (except for local government staffing during
specially scheduled evening or weekend events that have been pre-
approved in writing by the C1WMB Grant Manager, when law or
labor contract requires overtime compensation);
. Management, handling, qisposal, or treatment of radioactive,
explosive or medical wastes, and other extremely hazardous waste;
. Pre-paid expenditures for future g.oods or services (salaries/wages,
television or radio advertisements, etc.) delivered beyond the end of
the grant term. (Exemption: The CIWMB Grant Manager may
consider approving products purchased in full before the end of the
Grant Term but delivered after the end of the Grant Term if the
11-2~
Large Equipment
CIWMS. .
Acknowledgement
Recycled Content
Requirements
delay is caused solely by the supplier, and not by the Grantee. The
Grantee must reque$t an exemption in writing and receive written
pre-approval from the CIWMB Grant Manager.);
. Any food or beverages (e.g. as part of meetings, workshops,
training, or events);
. Public education costs not directly tieq to HHW, U-waste or sharps
collection;
. Any costs that are not consistent with local, state, and federal
guidelines and regulations;
. Personnel costs incurred while an employee assigned to the grant
project is not wo'rking on the grant (e.g., use of accrued time such
as sick leave, vacation, etc.);
. Premiums or promotional items that contribute to the solid or
hazardous waste stream;
. Fines or penalties due to violation of federal, state or local laws,
ordinances, or regulations;
. Promotional items or premiums that are not related to HHW or the
target audience;
. Cell phones, pagers, cameras, Personal Digital Assistants,
handheld computers, and other similarpersonal electronic devices;
. Development of school curricula;
. Movie theater screen advertising;
. Overhead in excess of 10%;
. Relocation expenses; unless pre approved in writing by Grant
Manager;
. Enforcement activities;
. Remediation (any cleanup or restoration of polluted areas);
. Travel expenditures that exceed the state rate;
. Out-of-state travel;
. Profit or mark-up by the Grantee; and
. Costs deemed unreasonable.or not related to the grant by the
CIWMB Grant Manager.
A CIWMB sticker (bumper sticker size) that displays the statement:
"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
photograph of this equipment should. include the affixed sticker. CIWM B
stickers are available at no cost by contacting your CIWMB Grant
Manager. .
All Grantees must report the percentage of recycled-content material for
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
Progress R.eport. The form can be found at the CIWMB's website at:
www.ciwmb.ca.qov/H HW /Forms/.
Purchases of the following products with grant funds must meet the
11425
Requirements for
Publicity and
Education Items
specific p€,rcentages of recycled-content, as described on the RCPform.
Paper Products
Compost & Co-Compost
Paint .
Tires
Printing &Writing Paper
Glass Products
Solvents
Tire-Derived Products
Plastic Products
Lubricating Oils
Steel Products
Any exceptions to the above requirements must be pre-approved in
writing by your CIWMB Grant Manager.
Recycled-content information for some commonly purchased Grant items
may be found at:
www.ciwmb.ca .qov IUsed Oil/Grants/ResourcesN endors/Prom.oProd uct.d
oc More information regarding RCP vendors and contractors may be
found at: www.ciwmb.ca.qov/RCP/ For information about CIWMB's Buy
Recycled Program, visit: www.ciwmb.ca.qov/BuvRecvcled/
Materials or items purchased for publicity or educational purposes
may be denied for reimbursement if they do not meet the
requirements detailed in this section.
Premiums must be specifically tailored to the target audience, durable,
not likely to be disposed off in a shOrt time nor likely to contribute to the
Waste stream or hazardous wastestream (e.g., any item containing
batteries, mercury, etc.); and may not promote particular brand-name
products or private businesseS.
For all languages other than English, the Grantee must workwith a
person fluent in reading and writing the language. A description of the
translator's qualifications, as well as an English version of the material(s),
must be subr:nitted with the final report. Of key importance is that the
translated material is at a reading level appropriate for its targeted
audience. .
For audit purposes, samples of all publicity and education (P&E)
materials must be retained for a minimUmcif three years AFTER the end
of the Grant Term or a longer period of time if warranted to resolve any
issues surrounding this Grant.
All items/materials, radio, television, etc., public seiVice announcements
or advertisements, as appropriate, must meet the recycled-content
product content requirements as set forth in the Terms and Conditions
and described in the RCP Form, and must include the following:
1) 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!"
11-2fij
Copyright
Requirements
Graphics
-,.
Written Pre-Approval
Required for Select
Publicity and
Education Materials
Publicity & Education
Reporting Samples
Use of the initials "CIWMB" within the Acknowledgement is not
sufficient. Exception: The acknowledgement line is not required
on small items wnere 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.
2) Specific information on HHW recycling/disposal rates.
3) A list of HHW collection locations or a 24-hour hotline number.
When locations are listed, include the following language: "Call for
hours of operation and types of materials accepted".
The following language must appear on any copyrightable material
produced with Board funds:
Copyright language: @ {year of creation} by the California Integrated
Waste Management Board (CIWMB). All rights reserved. This publication,
or parts thereof, may not be reproduced without permission from CIWM B.
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.
HHW-related graphics are available on the CIWMB's website at:
http://vvww . ciwmb. ta. q ov/UsedOil/q raphics/H HW Art!
For information on recycled-content products, see
vvww .ciwm b .ca. q ov/BuvRecvcled/StateAqencv/Buvinq.
The following materials and items require written approval from your
CIWMB Grant Manager prior to incurring the expense. These items
include:
1. Premiums, if the per item cost exceeds six dollars ($6.00).
2. All television, radio and video scripts.
For audit purposes, Grantees are required to retain samples of all P&E
materials for three years AFTER the close of the Grant Term, or a longer
period of time if warranted to resolve any issues with this grant. (See
AuditJRecordsAccess Section in Terms and Conditions, Exhibit A.)
115-27
Progress Report Due
Date:
March 31,2009
The Progress Report covers activities from receipt of the Notice to
proceed through March31 ,2009. Timely filing of acceptable Progress
Reports is a material component of this Grant Agreemel'1t. Failure to file
the Progress Report in compliance with the requirements set forth
below by the established deadlines may be considered a breach of
this Grant Agreement and may result in administrative action up to
and including termination of this Grant Agreement.
The reports should include, at a minimum, the following:
1. The Grant number, Grantee's name, and reporting period.
The following disclaimer must appear on the cover page of the report:
"The statements and conclusions of this report are those of the Grantee
and not necessarily those of the California Integrated Waste
Management 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 succeeding text."
2. A description of work completed, arranged according to tasks and
Expenditure Categories as shown in your Work Plan. Include as an
overall summary, or in each section, responses to the following
questions as applicable:
a) What are the unique or new activities/technologies?
b) What were the successes (so far) in relation to goals and
objectives?
c) What problems/challenges were discovered during
implementation?
d) How did you resolve them?
e) What "best practices" might be shared with other jurisdictions?
3. A brief discussion of Work to be conducted during the remainder of
the grant term. If necessary, discuss any adjustments to the Work Plan
resulting from your process evaluation.
4. Payment Request, Supporting Documentation and Expenditure
Itemization Summary (EIS) can be submitted if reimbursement is
desired. Please refer to the section labeled "Payment Request" for
more details.
5. Wherever Permit by Rule (PBR) is required by law, copies of PBR
Notification Form (Department ot'Toxic Substance Control-DTSC Form
1171, 1 094b,) for all facility construction/expansion, temporary/mobile
collection events, door-to-door collection events, etc. For additional
information regarding permits, including PBR, go to:
htto ://www.caleoa.ca .Q ov/C U P NDirectorv /d efa u It.as ox
11-21}'
. Note: Eligible collection.methods for sharps include:
(1) A household hazardous waste facility,
(2) A "home-generated sharps consolidation point",
(3) A medical waste generator's facility, or
(4) A facility through the use of a medical waste mail-back
container appr.oved by the State Department of Health Services.
Final Progress Report
Due: March 31, 2010
The Final Progress Report covers activities from April 1 ,2009 through
March 31,2010, and additionally., summarizes the entire grant (the date
of your Notice to Proceed through March 31, 2010), and includes:
1. The Grant number, Grantee's name, and Grant Term.
2. The following disclaimer statement on the cover page:
"The statements and conclusions of this report are
those of the Grantee and not necessarily those of the
California Integrated Waste Management Board, its
employees, or the State of California. The State makes
no warranty, express or implied, arid assumes no
. liability for the information contained in the succeeding
text."
3. Description of activities that were undertaken, continued, and
completed during the reporting period. Activities must be arranged
by the categories shownin your approved Work Plan.
4. Summary of results, as applicable to your Work Plan:
For Permanent and TemporaryfMobile Collection Facilities:
a) Number of participantslhouseholds/vehicles at each facility
during the grant term in comparison to previous year(s).
b) Number and mapped lOcation of existing or new collection sites
established.
c) Amount of HHW and U-waste collected (in gallons for liquids
and pounds for solids) in comparison to previous year(s).
d) Amount of HHw and U-waste collected (in gallons for liquids
and pounds for solids) per person/household/vehicle during the
grant term.
e) Amount of sharps (in pounds) collected by collection method.
f) Cost of each permanent and/or temporaryLmobile collection
event held (excluding publicity) during the grant term.
g) Cost per participant served at each permanent and/or
temporary/mobile collection event held (excluding publicity)
during the grant term.
118-29
h) Cost per gallon of HHW and pound of U-waste material
collected at each grant-funded permanent facility and collection
event.
i) Number of days and hours of facility operation during the grant
term, and duration of operation during the grant term in
comparison to previous year(s).
j) Explanation as to why one facility may be more effective than
the other.
For Residential Collection Programs:
a) Number of curbside/door-to-doorstops during the grant term, or
number of households served by curbside collection (if numbers
of stops are not tracked) during the gr.ant term, as compared to
previous year(s). .
b) Amount of HHW and U-waste collected (in gallons for liquids
and pounds for solids) as compared to previous year(s).
c) Amount of HHW and U-waste collected (in gallons for liquids
and pounds for solids) per household during the grant term.
d) Cost per household served by curbside/dooreto-door pickup.
For Take-It-Back (private-public partnership) Programs:
a) Amount ofU-waste and sharps (in pounds) collected, as
compared to previous year(s).
For Publicity and Education efforts. Compare each of the
following to previoUS year(s) results:
a) Description of target audience(s).
b) . Number of community events attended during the Grant Term.
. and number of people stopping at your booth.
c) Number of people surveyed.
d) Number of outreach presentations conducted during the Grant
Term and number ofstuderits, teachers, and other participants
attending.
e) Materials developed (e.g., door hangers, billboards, surveys)
and number distributed (include distribution method) during the
Grant Term.
f) Total estimated number of people reached through publicity
and education efforts.
g) Explanation as to which events and/or publicity strategies were
most effective in reaching the target audience/leading to the
desired behavior change.
h) Number and description of promotional activities that utilized
Community-Based Social Marketing (CBSM) as opposed to
traditional marketing.
11-3~
i) Cost of public education/outreach per gallon or pound of
material. collected.
j) Cost of public education/outreach per participant.
For Load Checking Programs:
a) Frequency of inspections during Grant Term.
b) Number of vehicles inspected through the program during
scheduled operaticn during the Grant Term.
c) Amount of HHW collected (in gallons for liquids and pounds
for solids) during the Grant Term.
d) Amount of HHW collected (in gallons for liquids and pounds
for solids) per vehicle.
5. Evaluation of program outcome during the grant term:
a) Did you see a decrease in illegal dumping incidents as
compared to previous year(s)?
b) Did the amount of HHW collected increase as compared to
previousyear\s)?
cJ What statistical. tests or questionnaires were used to evaluate
project effectiveness? (Include samples and related reports.)
d) What were the successes in relation to goals and objectives?
e) Did this project build upon "best practices" or previous projects
from otherjurisdictiom,? If yes, which ones and what changed
in the design of your program?'
f) What problems/challenges emerged during implementation?
How did you resolve them?
g) What would you do differently if you had the program to desig n
all over again? .
h) What "best practices" might be shared with other jurisdictions?
For more on evaluation, see www.ciwmb.ca.qov/UsedOiI/EvaIGuide/
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 procedures (i.e., oi/logo, "funded by grant
from" phrase, "zero waste" phrase, etc. See "Requirements
for Publicity and Education Items" section for guidance.)
More than one digital image may be submitted if needed to
capture all required components or to acourately illustrate the
item. If compliance with procedures cannot be clearly
captured in a photographic image, then an original copy of the
1 i 0.31
Payment Request
premium item must be sUbmitted.
b) A CD-romthat includes camera-ready graphic artfiles(s) used
. to create each item developed during the Grant Term.
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.).
6. Samples of final Video and Radio Ads. A final copy of each
vide.o or radio ad (if not previously submitted) in the appropriate
media format (VHS formatfor videos and cassette tape or compact
. .disc for radio ads).
7. Evidence of any wOrk product identified in the scope of work,
photographs and descriptions of equipment, structures, events,
ek that were produced, purchased or conducted (unless
. previously submitted).
8. Payment Request, Supporting Documentation and Expenditure
. Itemization Summary (EIS) can be submitted if reimbursement is
desired. Please refer 10 the section labeled "Payment Request" for
more details.
A completed and signed Recycled-Content Certification Form
(CIWMB74G) for each item purchased with grant funds. See
wwW.ciwmb.ca.aov/HHW/Forms for the CIWMB 74G form.
The CIWMB Grant Manager shall authorize payment upon approval of a
corriplete and accurate Payment Request and, where applicable,
approval of all required reports.
Forms for a Payment Request
Allforms can be downloaded from the California Integrated Waste
Management Board's (CIWMB) website at
WWW.ciwmb.ca.aov/HHW/Formsl , or contact your CIWMB Grant
Manager.
Required Documents and Format for Payment Request
A complete Payment Request must include the following items in the
order listed.
1. Payment Request Form (CIWMB 87) - This form must be signed
by the individual authorized by the resolution. Please remember to
type or print the individual's name and title below the signature.
2. Supporting Documentation, including legible copies of receipts,
invoices, signed timesheets, etc., for all expenses for which
reimbursement is being requested; Documentation must show that
expenditures have already been paid.
11-3~1
Services Rendered
3.. Expenditure Itemization Summary (CIWMB 667) - All
expenditures must be itemized and arranged by the Reporting and
Expenditure Categories for your grant as it was approved.
Ten Percent Withhold
Ten percent (10%) will be withheld from each Payment Request and paid
at the end of the grant term, when all reports and conditions stipulated in
the Grant Agreement have been satisfactorily completed.
Supporting Documentation - Documentation for all expenditures
claimed on the Payment Request must be retained for a minimum of
three years after the close of the grant term for audit purposes, or fora
longer period of time if warranted to resolve any issues with this Grant.
(See Audit/Records Access in Terms and Conditions, Exhibit A) Types
of acceptable documentation include., but are not limited to:
a) Invoices. Invoices must include the name of the vendor,
vendor's telephone number and address, description of goods
or services purchased, amount due, and date.
b) Receipts. Receipts should include the same information as
invoices (see above).
c) Purchase orders with proof of payment. Purchase orders
should include the same information as invoices and receipts,
and must be accompanied by proof of payment (e.g., copies of
cancelled checks).
d) Personnel Expenditure Summary Form. Document
personnel expenditures based on aCtual time spent on grant
activities and actual amounts paid to personnel (these forms
are not required if you have an alternate time reporting method
pre-approved byyour CfWMB Grant Manager), This form can
be found at CIWMB's website:
WW'N. ciwmb. ca. gov/Grants/F orms/Expend. doc.
e) Travel Expense Form. Document costs related to travel and
include supporting documentation. This form can be found at
CIWMB's website: WW'N.ciwmb.ca.qov/Grants/Forms/travel.xls
Goods and services must be paid for and received within the period from
th.e Notice to Proceed to the end of the term of the Grant Agreement
(Notice to Proceed - March 31,2010). Proof of delivery is required.
111~3 3
-
Exceptions and Audit
Considerations
Exceptions to the provisions ~fthese Procedures and Requirements may
be considered on a case-by"case basis.
Requests must be submitted in writing, and pre-approved in writing by
your CIWMB Grant Manager. The Grantee is responsible for retaining
documentation of any exceptions to the Grant Agreement for audit
purposes.
ThisGrant is subject to audit for at least three years after the close of the
Grant Term, or for a longer period of time if warranted to resolve any
issues with this Grant. (See Audit/Records Access in Terms and
Conditions, Exhibit A.) Documentation and a clear audit' trail are essential
to grant management.
Examples of audit documentation include, but are not limited to, .
expenditure ledger, payroll register entries, time sheets, personnel
expenditure summary fOim, travel expense log, paid warrants, contracts
and change orders, samples of items and materials developed with Grant
funds, invoices andlorcanceled checks. See the Terms and Conditions
for more information.
Overhead and Indirect Overhead and indirect costs cali be claimed by Grantees. The following
Costs guidelines mustbe 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 fUnds expended. 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 organizatiori and the performance of the
program. The costs. of operating and rriaintaining facilities,
accounting services, and administrative salaries are examples of
overhead and indirect costs. All overhead and indirect costs charged
to the grant mustbe associated with grant activities as shown in the
approved Budget. .
If you are uncertain whether a given cost is considered an
overheadlindirect cost by the CIWMB, contact your CIWMB
Grant Manager.
. Direct costs charged directly to the grant shall not be included in the
overhead/indirect cost formula.
. Supervision performed by Managers afld 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. Any such activity must be clearly supported by
11-34,3
appropriate documentation and shall not be charged to the grant as
overhead or indirect cost:
. The Grantees must have on file an internally approved Cost Allocation
Plan which specifically documents how the cost amount was
established and how it is supported by formal accounting records to
substantiate the charges. The Cost Allocation Plan must be approved
by an appropriate Supervisor/Manager in the Grantee's agency. The
Cost Allocation Plan must identify program elements included in the
overhead/indirect cost calculation. Seethe sample "Cost Allocation
Plan" calculation below:
Total department indirect cost divided by total
department direct cost base equals indirect cost rate.
The Grantees must maintain organized and accurate records that follow
generaHy accepted accounting principles 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.
111-43 5
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11-39
C-;>(fI-/ e // ..b
Attachment H
SAMPLE BUDGET ITEMIZATION
Household Hazardous Waste Grant (16th Cycle)
(Directions/Sample Format)
Applicant: City of Chula Vista
Category Amount
Design of Permanent Collection Facility:
00.00
. Category total
Construction of Permanent Collection Facility:
00.00
Category total
Upgrade of Existing Permanent Collection Facility:
00.00
Category total
Innovative Public/Private Partnership Program:
0 Non-Personnel Costs:
Collection 14-gal containers, two per site @ $47 each $14,758
Collection of two containers per site @ $66 each $20,724
0 Personnel:
(Include all individual staffing costs related to the Temporary Mobile 00.00
Collection Budget category - both intemal and/or external)
$35.482
Cateoorv total
Temporary or Mobile Collection Program:
0 Non-Personnel Costs:
Disposal and set-up per temporary event 10 @ $8,500 $85,000
Equipment, Temporary bathrooms and sink 10 @ $250 $2,500
0 Personnel:
(Include all individual staffing costs related to the Temporary Mobile 00.00
Collection Budget category - both internal and/or external)
$87 .500
.. Cateqorv total
Residential Collection:
00.00
Category total
Publicity & Education:
Non-Personnel Costs:
0 Printing of direct mail flyers to promote temporary collection events $32,358
548,449@ .059 each
0 Advertising to promote 10 temporary collection events $292 per ad x 3 $8,760
ads run three weekends prior to the events
0 Mail services of promotional flyers to promote temporary collection $120,674
events, 548.449@ :22 each
11-40
*Co'Pies of bids/estimates attached.
0 Promotional costs will include in-store and mass media 157 collections $15,307
0 Personnel:
(Include all individual staffing costs related to the Publicity & Education
Budget category - both intemal and/or extemal) 00
$177,099
Cateaorv total
Personnel: (Program Planning, Management, and Administration)
(include detail af individual staff costs that relate only to program planning,
management, and administration
e.g. Recycling Coordinator # hours X $ rate for grant administration) 00
Cateaorv total
Other:
(Include any costs not directly attributed to above categories - e.g. travel, etc.) 00
Cateaorv total
Indirect Costs:
(Not to exceed 10% of HD 16 total) 00
Cateoorv total
Budget Total $300,081
11-41
RESOLl.ITION NO. 2007-204
RESOLl.ITION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE CITY OF CHULA VISTA TO BE THE
LEAD AGENCY IN THE SOUTH BAY REGIONAL HOUSEHOLD
HAZARDOUS WASTE PROGRAM, AUTHORIZING THE
SUBMITTAL OF GRANT APPLICATIONS TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD, AND
AUTHORIZING 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
P ARTICIP A TING JURlSIDICTIONS
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), pursuant to the authorization granted by Resolution No. 2005-187; and
WHEREAS, the SBRHHWP is comprised of the Cities of Chula 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.
11-42
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;f~~ib_ ~("
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula 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
~I~
ATTEST:
~__[i-lA~)~
Susan Bigelow, C, Ci Clerk
STATE OF CALIFORNlA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, 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 at a
regular meeting of the Chula Vista City Council held on the 7th day of August 2007.
fu-.d _7'" '"y of Ao,"" 2007. ~ ~J 6..s-~
Susan Bigelow, MMC, City erk
11 -43
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE AWARD AND
APPROPRIATING $300,000 IN UNANTICIPATED REVENUES
FROM A GRANT FROM THE CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD HOUSEHOLD
HAZARDOUS WASTE GRANT PROGRAM FOR THE 16TH
CYCLE AND AMENDING THE FY 2008 WASTE
MANAGEMENT AND RECYCLING FUND BUDGET
WHEREAS, in June 2007, the City of Chula Vista, on behalf of the South Bay Regional
Household Hazardous Waste Partnership (consisting of the cities of Imperial Beach, National
City, and Chula Vista as the lead agency), submitted a grant funding application to the California
Integrated Waste Management Board [CIWMB] for Household Hazardous Waste [HHW]
activities, related to expansion of the Universal Waste Collection Program, and development of a
medical needles/sharps proper disposal system for residential households under the authorization
contained in Chula Vista City Council Resolution No. 2007-204 and supporting letters from the
Partnership agencies; and
WHEREAS, on December 12,2007, the CIWMB awarded the $300,000 request and gave
staff the Notice To Proceed with the proposed programs; and
WHEREAS, effective September I, 2008, needles and sharps will be banned from
landfill disposal; and
WHEREAS, this ban includes hypodermic needles, hypodermic needles with syringes,
lancets, blades, needles with attached tubing, syringes contaminated with biohazardous waste,
acupuncture needles, root canal files, broken glass items such as Pasteur pipettes, and blood vials
generated as waste from home health care activities; and
WHEREAS, the proposed grant projects for these targeted materials include establishing
a partnership "take back" program with the retail stores and pharmacies that sell these products,
making proper disposal more convenient for consumers and reducing costs to the City; and
WHEREAS, grant work includes: (1) developing agreements with retail pharmacies to
take used household batteries and sharps; (2) preparing an RFP for collection of these materials
from the stores; (3) preparing in-store promotional materials; and, (4) preparing flyers and direct-
mail materials for public education; and
WHEREAS, staff has already had positive discussions with several retail pharmacies and
will continue discussions with others to begin a "take back" program for the targeted materials;
and
WHEREAS, other grant activities include more one-day, temporary, collection events for
electronics, fluorescent lamps, batteries and mercury devices; and
WHEREAS, these events will be open to all residents in Chula Vista, National City, and
Imperial Beach and funded through this grant; and
J:\AlIomey\RESQ\GRANTS\GRANT Acceptallce CIWMB Hshld Hzrds Waslc_02-05-08f, -44
Resolution No. 2008-
Page 2
WHEREAS, when the details of these events are finalized, staff will provide Council
with program information along with public education pieces.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept the award and appropriate $300,000 in unanticipated revenues from a
grant from the California Integrated Waste Management Board Household Hazardous Waste
Grant Program for the 16th cycle.
BE IT FURTHER RESOLVED that the City Council does hereby amend the FY 2008
Waste Management and Recycling Fund Budget.
Dave Byers
Director of Public Works
Presented by
J:\Altomey\RESO\GRANTS\GRANT Acceptance CIWMB Hshld Hzrds waste_02-0S.Q8.fo1 -45