Loading...
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. 11-1 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. 11-2 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 ~ ~ 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 ':::1 ..... :::::. ...... ..... .... ... I""T1I(:R"TED "'An'': "",,,,,,,,.aMIl..T ]lOAIt!> 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 . 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 ....1 .... ..... ..... ..... ..... ...... ..... .... ... l>rrI........T.C. "'''STO 1ol....,.Aca.......T 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. ~ 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 ~ t!l - t: Q) E ..c: u ~ - - <t \'- ..... ~ Ol 13 >. () ..c:: - <0 ~ ~ - t: ro Z~ <(0 ...J2 c..~ ~S c::: rJl 05 ~~ N ro I -0 o ..c: Ol rJl ::J o I :l'.) ..... t <. u \I '-l I .... ::) \ l. ~ (s :t:: >. .~ ~ > () rJl ro 5 c:;:; o U ="'C ro rJl Z -c: -c .2., t: OJ ro t: ..c :;::; u ro ro 0. Ol .(3 lIlt rn ro "C Cl.. Ol Ol o...c: C E - 0 - =....:.;::J ro C ro ro ro::J U; .!: 0 co :>OlrJl> 0._ ill roo..c: - N- ::J C ~ ..c:o.-....~.9 U "Cc_u .. __ ~ CD .- :: E u o ro rJl E -c--:- ro en :::I :::::l 0 ~ o~....... Cl)C2't1!2UE5 :E CO .... Ol ro l... Q:l ,.. """")"~ - 0 - ...... () >. 0 0.. ~ -Gj C:-- c.oUo-(6:::: ro .- c fJ.) .c: a:J- E CO E OJ;'>::c>E2.SOl .E:oc>}-c I-c >00 -=- 0.._ := "t"""" en rJl ~ e E~ OlOlO 321nc ,~ en en ~ 3:-0 ~ - t: ..E co :J e.... rJl Ol- ....._~ .~ ffi c 50 c .e ....0 15 .Q o '<;::: 0. cOl.:: 0.0 .Q ~ b - rJl U C Ol ewe;:::: O=l!)O :=; 0 l'- () U ~ .S2 Ol ui ro 8 :5 ell:;; CD lDj.+::; $tn>"S; CIJ ctl CD :.::; co ~ c u 3: u.Q od:: :SEts Ol ...S2 > ~ 0 e ~ u 0.0le: E .~ ro - - ~ ~ g ~:OE (!) 02 Ol"2 E ro ro Ol ~>. LL:r: Ole Eo ._~ f-~ rn -0 o ..c: - Ol ~ ro - rJl :> ro :; ..c:: () '+- o - i::3 Ol E ro z e ro .~ Ci c. od:: o ~ o N - ~ . r--- o o N - OJ. 3: Ol .S: Ol ~ ~ Ol Ol 0.. rJl - C Ol > ill c o :;::; U Ol o () ~ ~ ~ E Ol f- Ol co c 1: o o () C:- ro -0 ~ C 0 roo. ..c: E U Ol ro- Ol'+- 1Il0 rJl .~ 2 ~ ro Ol-o 0.-0 E c - ro E rn e c '+- 0 ~:; ro ~ - ~ 1;1) .Q (f) =:01: .- ...... CD 3:Z"> Ol.- Ol -()t: ro_ 0 c ro._ .- c""" "Eo0 0:;;;..92 oro- ()z8 ~ o ~ o N - ~ , r--- o o N - OJ 3: Ol .S: Ol '- '- Ol Ol 0.. ....: U ro - c o U C:-rn ro c E '- ._ Ol ~ - 0.. .~ Ol ='=' rn ro > e 0. 0. ro Ol > .w U Ol "- E rJl '- Ol c 3: o € Ol c. e 0. ..c:: - .3 ~ ~ o Ol s~ .N r--- o o N 23 ~ .... 0. Ol o OJ c .u; ro ..c: U "- ::J 0.. ....: U ro - c o U C:-rn ro t: E '- oc 2 0.. .~ -0 C ro rn - c Ol > Ol C o :;::; U .S2 o U C:- ro '- o 0. E Ol . -- ~ ro o > .... 0 D.. "- LL~ 0::: ro Ol '- ~..Q ro 0.-0 Ol C "- Ol 0.. rJl C') 11-36 r--- o o N - ~ ~ OJ -~ rJl ro ..c: U ~ ::J 0.. - 3: . '-Ol- Ol -- 0. Ol>Ol o..~O ....: U ro - C o U C:-rn ro C E '- .- Ol '- - 0.. .~ - U ro '- - C o U 1: ro ~ .,.: OJ o o N - N ~ , r- o o N - N ~ 3: Ol .S: Ol '- "- Ol Q) 0.. ....: U ro - C o U Crn ro C E ~ .- Ol '- - 0.. .~ C OJ .ra 0. E ro U OJ .~ rJl t Ol > -0 ro Ol "- ro 0. Ol '- 0.. l!) 0Cl o o N - ~ OJ C rn ro ..c: U '- ::J 0.. ~ '-Ol- Ol .- 0. Ol > Ol o..~O ....: U ro - C o U Crn ro C E '- 'C 2 0.. .~ .ra E - U Ol .!:: -0 '+- o ell Ol U .~ Q) ell OJ C :;::; C -;:: 0. ~ ..e 0.. u.. 0::: Ol ~ rn ro Ol C.u ~ Q) o...a. <0 o ~ o N - C') , 0Cl o o N - N () Cf) f- o ~ Ol .S: Q) "- '- Ol Ol 0.. -- U ro - C o u C- ro ~ E ~ .- Ol '- - 0.. .~ o - .S2 <;:: o - rn - C Ol E ::J U o -0 -0 C ro ~ ~ 2 - .S2 C o :;::; ro .u <;:: :;::; o C() OlCf) '-f- ~O Ol Ol ~..c: 0.._ r--- 0Cl o o N - N 0Cl o o N - N 3: Ol .S: Ol '- ~ Ol Ol 0.. "- Ol Ol 0.. ....: U ro - c o U Crn ro t: E '- 'C 2 0.. .~ ....: U ro - c o U i:: ro E .C 0.. ro E rn Ol U Ol .5 C'C E - '-' Q) .:: -0 Ol "- ro 0. Ol "- 0. o - '- Ol C OJ .0:; Ol -0 .~ ..c 0. ro '- OJ ..c - .3 .>:: Ol '- U o Q) s.a. - r.; a: ~ 1: ... C ~ a .s 2 a " , < :; < ., ( , c .. C L C , I I , 0Cl C) 0 0 0 0 0 .... ...- ...- ...- ...- ...- c: 0 0 0 0 0 ll> o:l ~ N o:l N o:l o:l o:l N N E 0 - 0 - 0 0 0 - _. 0 C") C") 0 C") 0 0 0 C") C") .c: , , , , , '-' N o:l o:l N o:l N ~ N o:l o:l - 0 0 - 0 - - 0 0 CU N N C") C") C") .... 0 0 0 0 0 .... ~ N N N N cl: - - - - N N N C") '<t .~ Cll '-' >- () .c: - CO ...- ~ - C CO Z .... <ct:) ..J.2l o..~ ~~ C:::rJl 05 ~"E co N co I "0 o .r:: Cll rJl :::l o I Ol C '0; co .r:: '-' .... :::l 0.. ~ Ol- ,- 0. > Ol ~Cl ea c .... Ol - ,!: co - rJl :> co :::l .c: () >- '-' c Ol Ol co rJl Cll '-' '~ Cll rJl CIl E .... o - '-' ~ "0 .... .E 0.. l.L. cr: Ol .... co 0. Cll .... 0.. o ...- - U Qi E CIl z - c co ,S< a. 0. <l: Ol ,!: rJl co .r:: '-' :s: ;, Cll 0.. ';; - Cll :s:, .... a; .~ 0. CD Ol>Ol Cll o..~Cl 0.. ...r '-' co - c o '-' ~- co ~ E .... ._ Cll ....- 0.. ,!: "'if co - c o '-' ~ea co c E .... ,- Ol .... - 0.. ,!: .... Ol "0 ';; e 0. Cll. '-' .~ Ol rJl .... Ol 0. Ol :0 co 'ca > co rJl - .!!1 'ca E Ol rJl ";; Cll cr: rJl - ,!!1 'ca E - rJl :::l .~ "0 <l: N ...- ...- ...- :s: Ol ';; ~ .... Ol Cll 0.. ...r u co - c o u ~ea co c E .... ,- Ol ....- 0.. ,!: c - .... co Cll - ~rn Ol 0. :!2 u > ,- Oil:: .... co o..b Ol Ol u c '~ 'E Ol .... rJl2 c Ol 0"0 :.;::; 0 U - Cll ~rJlOl -OlCO 0_.... u '0; .9 "'0 ....... en' Ol C >+::<D""O :.;::;>1:: C Cll co Cll"O co :!2OlOl .c>eo .... 0 .~ c..""ffi _ 0. rJl Ol co 0 CllOl~ :2;,s'O c<:i ...- Ol E co (f) co E co (f) u iE CIl .... - "0 C CIl - C CO > CO CO > CIl .r:: o - Cii C C o rJl .... Ol 0. >- - , .l!Z"O CIl Cll (f)E; f;o.. ,- 0. :s: CIl Q)rJl CO C :2;.!!! 0. '<t ...- 11-37 "0 C CIl Ol ,S< o ' o..il:: CIl - - Ol rJl E Ol co..:: C/)l.L. Cll E CIl (f) rJl Cll "" rJl .... o C o :+:: ~ en CIl- 0..2 Ol Ol c..~ Ol-c OlCll C 0. CIl >- t::::: CIl u 0"0 - C il:: co CIl rJl -.x: rJl .... >-CIl :==.c. ()- .c: co _ C '3: ,2 Ol a; ~ Ol :2; Cll L(') ...- .x: rJl ...."Oil:: CIl C CIl o..:::l_ o rJl - .... rJl Ol CO t_U o 0 C >OCll >.r::c u '-' CO :=ClJc .c "0 ,- :::l C CIl o..CIlE Cll E co (f) >- u C CO Ol CIl rJl Ol U .~ CO rJl 'ca E - u Ol .... "0 .... .E 0.. l.L. cr: "0 .... CIl ~ co ...- Ol C rJl CIl .r:: u .... :::l 0.. -. :s: , ....CO- Ol ,- 0. Cll > Ol o..~Cl Ol E CIl (f) rJl .... Cll >- <;:: CIl E 1:5 Ol ,!:: "0 .... o - C 'c 0. "0 C CIl C Ol 'Cij Ol "0 Ol > o .... 0. 0. <l: "- ...- :s: Ol ';; Cll .... '-' Cll Ol 0... Cll E CIl (f) Cll-' OlC C Cll CIl > t: Ol CIl.r:: o '-' _ CIl C Ol o .... ~.E Cll Ol o.c rJl'- Cll.S< - .... CIlo. rJl ...."0 Ol C o.CIl CIl Ol 0.- rJl :::l :s:"O Ol Ol cfj earJl uOl o c - "cr; .c: ,- ::=t :s: Ol > -"0 Ol CIl Ol :2;c CIl o:l ...- Ol E CIl (f) Ol E co (f) rJl ~ :::l rJl Ol .... C :;::; c CIl :::l 0- "0 C CIl rJl. :;:, C Cll > Cll "0 o I 0") ...- ~ - <:: Q) E ..c: u ell - - <l: ~ Ol 13 >. (.) ..c:: - CD ..- ~ - <:: tIl ZL.. <l::~ ...12 c..~ ~S O:::C/l 06 :r;"E! tIl N Ol :r: -0 o ..c:: Ol C/l ::l o :r: Ol - C/l :> Ol "5 ..c: (.) ..... o - (3 Oi E Ol z - <:: Ol .>2 C. 0.. <l: Ol-;::::' E Ol Ol Ol L..-C LL..c:: Ole E 0 .- E f-~ ~ Ol ..c:: C/l C/l -0-0 <:: 0 Ol..c: Ola; til~ Ol <:: :: 0 ~:;:; Ol ..... ::l 0- Ol C/l > ,gU1 o o !2:t: (; o ,,- c: - t.) - Ln .- tI.I e 1:) L.. E ""c.... Ol Q)~c6oro..... > 0 cnU c:: c o'tm,-c:;O 1::5 Q;l ~ Ox (,,) Olo...c:~w>'- _ to:::: c... Ol o 0 - c: Ol <:: u...c:~C:5 E\- oSFE .o...;::~ -- - .- C/l Ol g ..; <:: Ol 5 .!:2 ..c:: - .!: ;:: til 0 8~ _ L.. Ol U <:: C/l . <:: Ol 00 ~.J<: 8 ~ ot: c';::' -0 :~ Ol- C/l '-' ::l<( C/l -0 NC =l:l:2 0)- '> <:: ._ t'C tl 5 0) 0 .-C;:::: .l:lU') ON r-- o o ~ ..- ..- :: Ol .S;: Ol L.. L.. Ol Ol 0... C/l 0.. L.. Ol ..c:: CI) "0 C Ol C/l Ol .;:: Ol .- - Ol III ..... o <:: o :;:; '-' 2 o (.) Ol L.. a - CI) , <:: Ol - Ol .!: "E! o o (.) C/l C/l Cl) 0.. '0 ro Ol..c:: E C/l L.. Ol..... ..c::O 0..<:: <:: .Q .- - Ol '-' ..c::Cl) '-' 0 '0'-' _ Cl) <:: L.. Cl).9 E 'f Ol C 0).- Ol Cl) ~ c: en'c Ol C Cl) Eco:;:: t: Ol Ciit'C..o <::0-0 .Q.....o 0)t'C..c:: Cl) Ol Cl) '- '- C/l t5co:J t'C Cl) a _..c::..c:: <::_-0 o <:: (.).!: t'C ..- I"- o o N - N ..- , r-- o o N - ..- ..- . Cl) E Ol CI) ..; '-' t'C - C o '-' ~- t'C ~ E '- .- Ol '- - 0... .!: ..... o - <:: Cl) E Cl) 0) t'C <:: t'C E Cii C o .0, Ol '- E o '- ..... Cii > E 0.. 0.. t'C .5 Cf.l Ol Cl) - '-. ..0 0 Otil N r-- o o N - ..- ..- 0) C .0:; Ol ..c:: '-' '- ::l 0... - :: . '-Ol- Cl) .- 0.. Cl) > Cl) o...e:O ..; '-' Ol - C o '-' ~Cii t'C C E '- ._ Cl) '- - 0... .!: -0 <:: t'C C/l 0.. '- t'C ..c:: C/l ..... o C o 1:5 Ol . ==Cii o > '-' 0 '- 0.. 0.. t'C e: o - '" '- , 0 .5 I+- L..-o o <:: ..... Cl) C/l 0...-0 LL<:: 0::: Ol Ol '" L.. Cl) Ctl 'C 0..Cl) Ol:::: L.. t'C CL..o c<"l 11-38 r-- o o N - ..- ..- -' 0.. ell _0 :: 0) ell <:: .S;: .- Ol C/l L.. Ol ..c:: L.. '-' Ol L.. Ol ::l 0...0... ..; '-' Ol - <:: o '-' ~Cii Ol C E L.. .- Ol L.._ 0... .!: Cl) C/l Ol ..c:: '-' L.. ::l 0.. a - '" L.. a - '-' ~ - <:: a '-' >. 0.. 0.. ::l C/l E ~ o Ol L.. <:: ..... .- t'C C/l- Cl) <:: _ a a '-' ::l C 0"0 .S: 1:5 22 ..0 - 08 v co o o N - ..- , r-- o o ~ N ..- Ol E Ol CI) Cl) E t'C CI) -0 <:: Ol .C/l 0.. L.. tIl ..c:: '" ..... a c o :;:; '-' Ol oCii '-' > Cl) E L..o.. 00.. cnC'O , L.. .!: 0 ..... L..-o .2c _ Cl) '-' C/l ~-o -c <:: Ol a C/l '-' Cl) ~.- . ~ L.. L.. Cl) tIl_ ::- <(2 LD c:o o o N - ..- L.. ell C 0) -.- ;: C/l Ol Ol ._ -0 > '-' Ol .- L....c:: L.. 0.. Ol Ol Ol L.. o...~ Ol. E t'C C/) , .!: -0 <:: tIl ~ Ol 0.. '- o 0 t5o. ,~ .!: Ol L.. C/l o tIl ..... ..c:: <:: '-' 0)'- ._ ::l t'C0.. o....!- E 9 tIl- '-' .!: -;;:; 0 wo.. 5 Ol :;J"'C o ::J E13ui o.!: ~ L.. _ 0..-0.. C C/l Cl) 0 .- \-:'::;""CI tIl '-' Ol o..OlL.. Ol==o L..O_ .0...'-' '" co o ..- o N - C":) , co o o N - ..- ;: Ol 'S;: Cl) L.. L.. Cl) Ol 0... Ol E t'C CI) E Ol L.. 0) E 0.. Ol ..c:: - .!: tIl C. x Ol . <:: o 0 - .- - - t'C ~ E <:: L.. 0.2 C/l C L.. ._ Ol- 0..'-' Ol21 L.. <:: o 0 til '-' ..c:: Cl) ~> ;: tIl Cl) -- Ol-o Ol <:: ~tIl r-- c:o o o .N - N C/l L.. Ol - C .;:: 0.. - :: Cl) .S;: Cl) L.. L.. Ol ell 0... ell E tIl CI) .!:2 .ro - Ol -0 >. tIl 0.. .!:2 -0 Cl) .!: E L.. Cl) - Cl) -0 o - C/l L.. Cl) - C .;:: 0.. ..c:: - .~ - Cl) Ol ~ c:o ~ 0 0 0 .... .,... .,... .,... !: 0 0 0 Cl a:l a:l N N N E 0 0 -- -- -- C'? C'? C'? .r: 0 0 , , , ~ N a:l a) a:l l.) -- 0 0 0 III N N 0 0 0 .... .... N N N <I: -- -- -- C'? C'? C'? ~ Q) () >- t.) .r: - CO .,... ~ - !: CO Z~ <((9 ..J2 0. rJ ~$: 0::: en 05 ;:"'2 co N co I "0 -0 .r: Q) en ::l o I .,j 0.. Q) --0 ~ 0) .- !: >.- Q) en 0:: CO .r: ~ () Q) ~ Q) ::l a.. a.. Q) E CO CJ) co .... en :> CO ::l .r: t.) Q) ~ o - en , .f - o en Q) () .~ (l) en en - 0)0.. .f 0 "Eo. "C -c o..c ~ CO ..E rJl a.. Cii u..>- 0:: -. ~ ~ CO CO 0..- Q) 0.. ~ en a.. :0- .... o .... i:3 Q) E CO z .... c CO .~ a. 0.. < CD Q) E CO CJ) Q) E CO CJ) (l) ~ o .... rJl , !: - o en Q) () .~ Q) rJl 0)'" C - :;::ic.. c " "_ 0 ~ " 0..0.. ~1:> ..Ec _co () '" CO L- ~ CD ->- c_ o- () '" 1:>>- ro~ ~5} <:0 o .,... ~ Q) 'S; Q) 0:: L- Q) Q) a.. Q) E co CJ) co E - <.l Q) ~ 1:> CO "S; en ~ Q) >- <;:: "0 !: Q) CJ) .,... .,... Q) E CO CJ) Q) E CO CJ) ~ Q) 0.. CO 0.. en ~ Q) C Cii () o .r: - "~ c 0) "m 0.. E CO <.l 0) C "Cii t Q) > 1:> CO Q) L- CO 0.. Q) L- a.. N .,... Q) E CO CJ) (l) E CO CJ) en == ::l en Q) L- .c :;::; c CO ::l t:T 1:> C CO C o :;::; () Q) o () .f 0) Q) ID c<? .,... 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