HomeMy WebLinkAbout2009/03/17 Item 5
CITY COUNCIL
AGENDA STATEMENT
~(~ C1TYOF
~...:! (HULA VISTA
3/17/09, Item~
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING At'ill APPROPRIATINGS87,252 IN
UNAt'JTICIPATED REVENUES AWARDED TO THE CITY OF
CHULAVIST A, AS THE LEAD AGENCY FOR THE SOUTH BAY
USED OIL RECYCLING PROGR.A.J.vI FROM THE CALIFORJ.'JIA
INTEGRATED WASTE MANAGEMENT BOARD'S USED
MOTOR OIL RECYCLING BLOCK GRAt'JT FOR 2009-2010, 14TH
CYCLE AND AJ.YIENDING THE FISCAL YEAR 2010 WASTE
M.ANAGEMENT AND RECYCLING GET
DfREc:rOR OF P':ifJj W~RJ(S .
CITY MANAGER .
ASSISTANT CITY ]'VIANAGER
4/5THS VOTE: YES [g] NO 0
SUBMITTED BY:
REVIEWED BY:
S UMlVIARY
The California Used Oil Enhancement Act (1999) requires the collection of four cents for every
quart of lubricating oil sold, transferred and imported into California from oil manufacturers.
Chula Vista consumers pay four cents per quart into the fund when they purchase oiL The Act
mandates that the California Integrated Waste Management Board (CIWMB) llse a portion of the
funds to provide block grants to local governments for used oil programs that encourage used oil
and oil filter recycling. Chula Vista is the lead agency for the Used Oil Recycling Program for
the South Bay cities of Chula Vista, Imperial Beach, National City and Lemon Grove.
ENVIRONMENTAL REVIEW
Not applicable.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
The scope of work for this grant is a "regional" program that includes the cities of Chula Vista,
Imperial Beach, National City and Lemon Grove. The program targets regional watershed
protection issues that affect all the cities that share the South Bay watershed. The primary
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3/17/09, Item~
Page 2 of2
purpose of this block grant is to provide alternatives to illegal disposal of used motor oil through
a nehvork of collection opportunities and outreach efforts designed to inform and motivate the
public to recycle used oil.
This grant will provide continued technical assistance and new supplies for approximately 30
free used oil recycling drop-off centers and curbside collection programs in Chula Vista,
National City, Imperial Beach and Lemon Grove.
The public education component will allow the City to continue to provide advertising, portable
displays, point of purchase displays, the Used Oil Hotline, billing inserts, bottles, funnels or
drain pans. This will also allow staff to have a booth at the various car shows, public events and
auto part stores throughout the South Bay, reaching out to our target audience the "Do It
Yourselfers" (DIYers).
DECISION iVV\.KER 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)(I) is not applicable to this decision.
FISCAL IMPACT
The grant will provide $87,252 to continue to operate the used oil-recycling program, education
and promotion through June 30, 2011. There is no impact to the General Fund as a result of
accepting this grant and implementing the work. The program does not require matching funds.
ATTACHMENTS
1. Notice to Proceed and Contract
2. Resolution 2007-204
Prepared by: Lynn France, Environmental Services Program /v/amzgel'. Public Works Department
K,IPUBLIC WORKSIAGENDAICAS2Q0910J-17-09IUBGI4 AIIJ appropriate! .doc
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This letter authorizes you to begin incurring costs under the Block Grant 14 (UBG14)
Terms and Conditions and Procedures and Requirements. Any UBG14 expenditures
which occurred prior to this letter but-after July 1, 2008 (the start of the grant term), will be
covered by the Procedures and Requirements for the BG13th cycle,
Enclosed is a copy of your executed Grant Agreement cover sheet Refer to Exhibit A:
Terms and Conditions and Exhibit B: Procedures and Requirements that were sent to
you with the original Grant Agreement for all reporting requirements. Supplemental
information is also availabie on ourwebsite at
htto:llwww.ciwmb.ca.QovIUsedOiI/Grants/Block/Suoolemental. Please contact your
Grant Manager if you need an additional.copy of the Terms and Conditions and the'
Procedures and Requirements.:
For downloadable copies of payment request forms and reporting forms, refer to our
website http://www.ciwmb.ca.QoV/HHW/Forms/.
ROSALlEMmt Your cooper?tion in keeping the Used Oil Program up-to-date of any changes to primary
RMULE@CIWM3.CAOOV contact, your address, telephone number, or other pertinent information will be
, .:.______.__...-J916Ui001~, _aRQ.!'jiciated.-'-______
j ..-------..-----
L"Nt)AS.-AOA.\6
SECll.ErM'f roa a.lVII\Ot-lMENT~
l"l\on::CrlC>>
MARGO REID B-a.OWN
~ll\.
M3ltOWN@CIWMB.CA,dov
(9\6) 341-6051
SHEILA. J^,\l.ES KtmHL
SKUEHL@OWMB.CA:GOV .
(916) 341.6039
JOHNLAmD
Jl.AIRo@CIWMB.CA.OOV
(916) 341-6010
CAROLE M1GDEl'!
CMIODEN@cIWMB.CA.GOV
(916) 341-<i024
GARY PETERSEN
GPETEltSEN@C1WM3.CA,GOV
(916) 341-6035
I"TI:4"'1'Il.O
w...."l'C
:0.1 AX'ACIIMI'.}'I"'I"
_0 "Il.Tl
ATrACHMENT -1-
CALIFORNIA INTEGRATED
WASTE MANAGEMENT BOARD
AnNOtD SCHWARZENl>GCl"J.
ao\IaPcp.
lOa I I STREET, SAC1\AMENTO. C\UFOl\NlA 95814' P ,0. Box 4025, SAC1<AMENTO.. CALiFORNIA 95812-4025
(916) 341-6000 . WWW.CIWM!.CA.OOV
February 4, 200,9
Manuel Medrano
City of Chula Vista
Resource & Waste Management Services
1800 Maxwell Road
Chula Vista, CA-91911
.Dear Manuel:
Any questions or future correspondence related to this Grant Agreement should be
directed to your, Grant Manager's attention.
Sincerely,
corRy:Mau
Corky Mau, Brandi Manager
Grant and Loan Resources Branch
Sustainability Division
@
ORlCINAL j'R1NTC:DON 100 ~ i'C$T..C'ONSUMe... CQtITENT, nCCESSED O/LO.uN.i FItU tAl'~
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STATE OF CALIFORNIA ~ ~NV1RONMENTAL PROiEC'TroN AGENCY
GRANT AGREEMENT"
CALIFORNIA INTEGRATED WASTE MANAQE,MENT BOAM
CNVMB1'O(R~~cd1~Dn
! GRANT ~UMBER
U8G14-08-27
NAME- OF GRANi PRCGAAM
2008lZ009"Used Oil"Slock Grants - Fourteenth Cycle
GRANTEE NAME
Ci of Chula Vista
iAXPAYeR'$ FEDERAL EMPLOYER IDENTIFlCAT10N NUMl3ER
TOTAL GRANT AMOuNT NOT TO EXceED
$87,525.00 "
TERM OF GRANT AGREEMEN1"
FROM: Jul 1. 2008
TO: Au ust 15, 2011
THIS AGREEMENT is made and entered into on this 19th day of November, 2008, by the S,t;lle of California. acting through the ExeCutive Director of the "
California Integrated Waste Management Soard (the "State") and City ofChula'\lista"(the "Grantee"). The State and the Grantee. in mutual cOnsideration of the"
premises made herein, agree as follows:
The Grantee further agrees to abide by the provisions of the following eA-hlbits attached hereto:
Extlibit A - Terms & Conditions
Exhibit B - procedures & Requirements
Exhibits A and 8 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 I,ereto have executed this Agreement.as of the dates entered beJow.
CALIFORNIA INTEGRATED WASTE MANAGEMENT SOARD
9AANTEE~ NAME (PRINT OR rfF'E)
City of Chula Vista-
SIGNATURE OF CIWMS'S AUTHGR!ZE.O SIGNATORY:
SlGNATURE OF GRANTEE.:
(AS AUTHORIZED IN RESOLUTION OR LSTTER OF OESLGNEE AUTHORlZA T'tON)
.!i6J
6
~
Mark Leary, Executive Director
L
AMOUNT ENCUMBERED BY THIS
AGREEMENT
CERTIfiCATION 0;: ;:UNDiNG
PROGRAM/CATEGORY (CODE AND TITLE)
FUND TITLE
200812009 Used 011 Biock Grants - Fourteenth Cycle
OIL
$87,525.00
(OPTIONAL USE)
PR.IOR.-AMOUNT ENCUMBERED
FOR '!HIS AGREEMENT
ITEM
STA,iVTE
FiSCAL YEAR
TOT At AMOyt-rr ENCUM8ERED TO
OATE
$87,525.00.
3910-602-0100
OBJECT OF EXPENOITURE (CODE AND TITLE)
1991 200812009
1000-75100-702
I hereBy' carmy upon my oW!' personal knpwledge that budgeted funds are available
for the eMod and purPose of the expenditure stated above.
SlGNA TURE OF ClWMB ACCOUNTING OFFICER:
T.BA-NO.
6~q. NO.
b
.~
rATE NOV 2 1 ZUOS
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EXHIBIT A
TERMS AND CONDITIONS
. USED OIL RECYCLING BLOCK GRANT PROGRAM
Fiscal Year 2008/09 (Cycle 14)
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.
2) The proposed Grantee must complete, sign, and return the Grant Agreement within ninety (90)
days from the date recorded on the Grant Agreement package's cover letter.
The following terms used in 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.
"Grant Agreement". and "Agreement" means all 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 Used Oil Recycling Block Grant Progran1.
"State" means the State of California, including, but not limited to, the CIWMB and/or its designated
officer.
1. The Grantee shaH acknowledge the CIWMB's support each time projects funded,
ACKNOWLEDGEMENTS 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 material.
The acknowledgement of the CIWMB's support must incorporate the CIWMB
logo and state "California Integrated Waste Management Board: Zero Waste-
You Make It Happen!" Initials or abbreviations for the CIWMB shall not be
---"--"--'''-- ----,,--- - -.----. used.-.:r:h e.Grant-Manager_may-appw\(e_deyjation.fr.omJhis_pLescri b_e_dJ aoguage
on a case-by-case basis where such deviation is consistent with the CIWMB's
Communication Strategy and Outreach Plan. If, subsequent to this 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 printed
~enerated materials.
The Grantee shall submit copies of all draft public education or advertising
materials to the Grant Manager for review and approval prior to the Grantee's
production of materials. Unless omission of the following copyright designation
is pre-approved in writing by the Grant Manager, all public education and
advertising materials shaH state: "~{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
~_S;:I~B.'~_m________________-__'______-__-_"'_'
2. ADVERTISING/
PUBLIC EDUCATION
3. AIR OR WATER
POLLUTION VIOLATION
Under the State laws, the Grantee shall not be:
a. In violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an a~ollution control district;
--~----_._-----------~----------~----- --------------------
Revised 5/7/08 - Entitlement 1'5 & C's
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b. Subject to cease and desist order not subject to review issued pursuant
to Section 13301 of the Water Code for violation of waste discharge
requirements or discharge prohibitions; or
c. Finally determined to be in violation of provisions of federal law relating
to air or water pollution.
4. AMENDMENT
No amendment or variation ofthe 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.
5. AMERICANS WITH
DISABiliTIES ACT
The Grantee assures the State that it complies with the Americans with
Disabilities Act(ADA) of 1990, which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to
the ADA. (42 U.S.C. 912101 et seq.)
6. ANTITRUST CLAIMS
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 Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1). "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political
subdivisions or public agencies on whose behalf the Attorney General
may bring an action pursuant to subdivision (c) of Section 16750 ofthe
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 Clavton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
-~-._-------- (comm~ncliig with Section 16700) of Part 2 ofDlviSion7of111e:Business -----
and Professions Code), arising from purchases of goods, materials, or
services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the
purchasing body tenders final payment to the bidder. Government Code
Section 4552.
c. If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action assigned
under this chapter, the assignor shall be entitled to receive reimbursement for
actual legal costs incurred and may, upon demand, recover from the public
body any portion of the recovery, including treble damages, attributable to
overcharges that were paid by the assignor but were not paid by the public
body as part of the bid price, less the expenses incurred in obtaining that
portion of the recovery. Government Code Section 4553.
--i:__~p'~I)._c!.::~.?~~l~~iting_E.y_~he assig..!.1or, the ~signe~halL~i!Q.in one'y'~~_.
Revised Snl08 - Entitlement T's & C's
2
5-6
7. ASSIGNMENT,
SUCCESSORS AND
ASSIGNS
8. AUDIT/RECORDS
ACCESS
9. AUTHORIZED
REPRESENTATIVE
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 oflaw for
which the cause of action arose and (a) the assignee has not been injured
thereby, or (b) the assignee declines to file a court action for the cause of
action. See Goverronent Code Section 4554.
a. This Agreement may not be assigned by the Grantee, either in whole 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 representative(s) shaU have the right to review
and to copy any records and supportin'g documentation pertaining to the
performance of this Agreement. The Grantee agrees to maintain such records for
possible audit for a minimum of three (3) years after final payment date or grant'
term end date, whichever is later, unless a longer period of records retention is
stipulated, or until completion ofany action and resolution of all issues which
may arise as a result of any litigation, dispute, or audit, whichever is later. The
Grantee agrees to allow. the designated representative(s) access to such records
during normal business hours and to allow interviews of any employees who
might reasonably have information related to such records. Further, the Grantee
agrees to include a similar right of the State to audit records and interview staff
in any contract or subcontract related to performance of this Agreement.
[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 ciTe not limited to: expenditure
ledger, payroll register entries and time sheets, personnel expenditure summary
form, travel expense log. paid warrants, contracts, change orders, invoices,
arid! or cancelled checks.]
The Grantee shaU continuously maintain a representative vested with signature
authority authotized to work with CIWMB on all grant-related issues. The
Grantee shaH, at all times, keep the Grant Manager informed as to the identity
....._.__.~---~------.and.contact-information.of-,he.a1:lthol'ized.representative.-.......................................-..___..__
10. .AVAllABIlITY OF
FUNDS
11. CHilD SUPPORT
COMPLIANCE ACT
The C!'iI/MB'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 $1 00,000, the Grantee acknowledges that:
a. The Grantee recognizes the importance of child and family support .
obligations and shall fully comply with all applicable state and federal laws .
relating to child and family support enforcement, including, but not limited
to, disclosure of information and compliance with earnings assignment
orders,. as provided in Chapter 8 (commencing with Section 5200) of Part 5
of Division 9 ofthe 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
Revised 5/7/08 - Entitlement T's & C's
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12. COMMUNICATIONS
13. COMPETITIVE
BIDOING
14.cOMPUANCE
15. CONFLICT OF
INTEREST
Employment Development Department.
All communications from the Grantee to the CIWMB shall be directed to the
Grant Manager. All notices, including reports and payment requests, required by
this Agreement shall be given in writing by E-mail, letter, or FAX to the Grant
Manager as identified in Exhibit B - Procedures and Requirements. If an original
document is required, prepaid mail or personal delivery to the Grant Manager is
required following the E-mail or FAX.
The CIWMB encourages Grantees to use a competitive bidding process or to
require and maintain on file a written justification for any exceptions thereto,
when contracting for services required under this Agreement.
The Grantee shall comply fully with all applicable federal, state, and locallaws,
ordinances, regulations, and permits. The Grantee shall provide evidence, upon
request, that all local, state, and/or federal permits, licenses, registrations, and
approvals have been secured for the purposes for which grant funds are to be
expended. The Grantee shall maintain compliance with such requirements
throughout the ,grant period. The Grantee shall ensure that the requirements of
the California Environmental Quality Act are met for any approvals or other
requirements necessary to carry out the terms of this Agreement. Any deviation
from the requirements of this section shall result in non-payment of grant funds.
The Grantee 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 Stale Employees (Public Contracts Code (PCC) j 10410):
a. No officer or employee shall engage in any employment, activity, or
enterprise from which the officer or employee receives compensation or has
a financial interest and which is sponsored or funded by any state agency,
unless the employment, activity, or enterprise is required as a condition of
regular state employment.
b. No officer or-emplCiyeesfiiiIrcontracfoiiniSoi"]feTown bellalnisair'.....----.---
independent contractor with any state agency to provide goods or services.
Former Slate Employees (PCC j 10411):
a. For the two-year period from the date he or she left state employment, no
former state officer or employee may enter into a contract in which he or she
engaged in any of the negotiations, transactions, planning, arrangements or
any part of the decision-making process relevant to the contract while
employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment,
no former state officer or employee may enter into a contract with any state
agency if he or she was employed by that state agency in a policy-making
position in the same general subject area as the proposed contract within
the twelve month period prior to his or her leaving state service. .
If the Grantee violates any provisions of above paragraphs, such action by the
Grantee shall render this Agreement void. (PCC S 10420).
Revised 5/7/0& - Entitlement T's & C's
4
5-8
16. CONTRACTORS!
SUBCONTRACTORS!
VENDORS -
DEFINITIONS
17. CONTRACTORS!
SUBCONTRACTORS
18. COPYRIGHTS AND
TRADEMARKS
Contractor: A person or entity that contracts with the Grantee to perform eighty
percent (80%) or more of the work required by this Agreement, including, but
not limited to, any requirements imposed by the CIWMB.
Subcontractor: A person or entity that contracts with the Grantee or Contractor
to perform a portion (less than eighty percent [80%]) of the work required by this
Agreement, including, but not limited to, any requirements imposed by the
CIWMB.
Vendor: A person or entity that contracts to sell goods; the sale of services is
_~~E!:.ess.!1 excludei from tli~~ni!ion. _________________.___
The Grantee will be entitled to make use of its own staff and such contractors
and subcontractors as are mutually acceptable to the Grantee and the 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.
Nothing contained in this Agreement or otherwise, shall create any contractual
relation between the CIWMB and any contractors or subcontractors of Grantee,
and no agreement with contractors or subcontractors shall relieve the Grantee of
its responsibilities and obligations hereunder. The Grantee agrees to be as fully
responsible to the CIWMB for the acts and omissions of its contractors and
subcontractors and of persons either directly or indirectly employed by any of
them as it is for the acts and omissions of persons directly employed by the
Grantee. The Grantee's obligation to pay its contractors and subcontractors is an
independent obligation from the CIWMB's obligation to make payments to the
Grantee. As a result, the CIWMB shall have no obligation to payor to enforce
the payment of any moneys to any contractor or subcontractor.
a. To the extent the Grantee shall have the legal right to do so, Grantee
shall assign to the CIWNlB any and all rights, title, and interests to any
copyrightable material or trademarkable material created or developed in
whoie or in any part as a result of this Agreement, but which originated
. from previously copyrighted or trademarked material. With respect to
all other copyrightable and trademarkable materials, the CI\VMB shall
..___ __.-._retain..any.and.all..t:ights,.title.ancLinterests.to.any_cop'y_dghtabJe_ma;s;ria~__
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 shall be the property of the Cl\VMB. 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_ COptes of any licenses, permissions, releases or
authorizations obtained pursuant for the use of text, images or other
materials owned, copyrighted or trademarked by third parties shall be
provided to the Grant Manager. Under unusual and very limited
circumstances, where to do so would not coITflict 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
Revised 5/7/08 - Entitlement 1's & C's
5
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19. CORPORATION
QUALIFIED DOING
BUSINESS IN
CALIFORNIA
20. DISCLAIMER OF
WARRANTY
21. DISCRETIONARY
TERMINATION
22. DISPUTES
23. DRUG-FREE
WORKPLACE
CERTIFICATION
ownership of these rights.
b. The CIWMB hereby grants to the Grantee a royalty-free, nonexclusive,
nontransferable world-wideIicense 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: "\C {year of creation} by
the California Integrated Waste Management Board (CIW1'vfB). Used
pursuant to license granted by CIWMB. All rights reserved. This
publication, or parts thereof, may not be reproduced without
permission."
When work under this Agreement is to be performed in California by a
corporation, the corporation shall be in good standing and currently qualified to
do business in the State. "Doing business" is defined in Revenue and Taxation .
Code Section 23101 as actively engaging in any transaction for the purpose of
financial or pecuniary gain or profit.
. The CIWMB makes no warranties, express or implied, including without
limitation, the implied warranties of merchantability and fitness for a particular
purpose, regarding the materials, equipment, services or products purchased,
used, obtained and/or produced with funds awarded under this Agreement,
whether such materials, equipment~ services or products are purchased, used,
obtained and/or produced alone or in combination with other materials,
equipment, services or products. No CIWMB employees or agents have any
right or authority to make any other representation, warranty or promise with
respect to any materials, 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
_.pr?juced wit9..grant funds.~~ard~d ur:~,?r this Ag~~_~ne!!!:-_._._____._
-TnecxecutiveDii'ecf&shaJl 'navemefignn(nermifiare-iliis-~greetrrent'aLhis-o.--'---
her sole discretion at any time upon thirty (30) days written notice to the Grantee.
Within fOliy-five (45) days of receipt of written notice, Grantee is required to:
a. Submit a final written repoli describing all work performed by the
Grantee;
b. Submit an accounting of all grant funds expended up to and including
the date of termination; and,
c. Reimburse the CIWMB for any unspent funds.
-------.--------...,------..----.---------..-.--.-----..,.-------
Unless otherwise instructed by the Grant Manager, the Grantee shall continue
with its responsibilities under this Agreement during any dispute.
---------------------.---..-.-----------------.----------.-.-------------
The person signing this Agreement on behalf of the Grantee certifies under
penalty of perjury 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.)
~nd !:'::i!l.prov:ide a d.rug-free wo~place by- ta~~ theJolJo~in~_<:ctio~.'____..:.._..._
Revised 5/7/08 - Entitlement Ts & C's
6
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a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions that will be taken against employees
for violations.
b. Establish a drug-free awareness program to inform employees about all
of the following: (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.
24. EFFECTIVENESS OF This Agreement is of no force or effect until signed by both parties.
AGREEMENT _
25. ENTIRE
AGREEMENT
26. ENVIRONMENTAL
JUSTICE
This Agreement supersedes all prior agreements, oral or written, made with
respect to the subject hereof and, together with all attachments hereto, contains
the entire Agreement of the parties.
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 CIWMB will benefit from the Grantee's full compliance with the terms of
this Agreement only by the Grantee's:
a. Investigation andlor application of technologies, processes, and devices
which support reduction, reuse, and/or recycling of wastes; or
b. Cleanup of the environment; or
____~~__,~_________,____________S....E!1forcement of solid waste statute~ and regulations, as ~pplicable.
Therefore, the Grantee shall be in compliance with this Agreement only if the
work it performs results in:
a. Application ofinfonnation, 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.
27. FAILURE TO
PERFORM AS
REQUIRED BY THIS
AGREEMENT
28. FORCE MAJEURE
Ifthe Grant Manager determines that the Grantee has not compl'ied with the
Grant Agreement, the Grantee may forfeit the right to reimbursement of any
grant funds not already paid by the CIVlMB, including, but not limited to, the ten
percent (10%) withhold.
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,
Revised 5/7/08 - Entitlement T's & C's
7
5-11
29. FORFEIT OF GRANT
FUNDS/REPAYMENT OF
FUNDS IMPROPERLY
EXPENDED
30. GENERALLY
ACCEPTED
ACCOUNTING
PRINCIPLES
31. GRANT MANAGER'S
AUTHORITY
32. GRANTEE
ACCOUNT ABiliTY
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 Executive Director, at his or her sole discretion, may take
appropriate action under this Agreement, at law or in equity, including requiring
the Grantee to forfeit the unexpended portion of the grant funds, including, but
not limited to, the ten percent (10%) withhold, and/or to repay to the CIWMB
any funds improperly expended.
The Grantee is required to use Generally Accepted Accounting Principles in
documenting all grant expenditures.
The Grant Manager does not have the authority to approve any deviation from or
revision to the Terms and Conditions (Exhibit A) or the Procedures and
Requirements (Exhibit B), unless such authority is expressly stated in the
Procedures and Requirements (Exhibit B).
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 granl'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 indemnify, 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
_______._______..u..__..._...______......QQ[f2oratiol1 furnis_hing or suppJ)'ing_ work services, materials, or supplies
in connection with the performance of this Agreement, and fi'om 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.
33. GRANTEE'S
INDEMNIFICATION.AND
DEFENSE OF THE
STATE
34. GRANTEE'S NAME
CHANGE
35. NO AGENCY
RELATIONSHIP
CREATED/
INDEPENDENT
,CAPACITY
-------~-----------~.,_.,-,_..,-----------_._---_.
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 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.
Revised 5/7/08 - Entitlement T's & C's
8
5-12
36. NO WIAIVER OF
RIGHTS
37. NON-
DISCRIMINATION
CLAUSE
38. OWNERSHIP OF
DRAWINGS, PLANS,
AND SPECIFICATIONS
The CIWMB shall not be deemed to have waived any rights under this
Agreement unless such waiver is given in writing and signed by the CIWMB.
No delay or omission on the part of the CIWMB in exercising any rights shall
operate as a waiver of such right or any other right. A waiver by the CIWMB of
a provision of this Agreement shall not prejudice or constitute a waiver of the
CIWMB's right otherwise to demand strict compliance with that provision or any
other provision of this Agreement. No prior waiver by the CIWMB, nor any
course of dealing between CIWMB and Grantee, shall constitute a waiver of any
of CIWMB's rights or of any of Grantee's obligations as to any future
transactions. Whenever the consent ofthe CIWMB is required under this
Agreement, the granting of such consent by the CIWMB in any instance shall not
constitute continuing consent to subsequent instances where such consent is
required and in all cases such consent may be granted or withheld in the sole
discretion of the CIWMB.
During the performance of this Agreement, Grantee and its contractors shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment on the bases enumerated in Government Code 99
12900 et seq. .
The State shall have separate and independent ownership of all drawings, design
plans, specifications, notebooks, tracings, photographs, negatives, reports,
findings, recommendations, data, software, and memoranda of every description
or any part thereof, paid for in whole Or in any part with grant funds. Copies
thereof shall be delivered to the ClWMB upon request. Grantee agrees, and shall
require that its contractors, subcontTactors, 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.
39. PATENTS The Grantee assigns to the ClWMB 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 actually reduced to practice in the course of or under this Agreement,
or with the use of any grant funds. Such assignment shall include assignment of
any patents registered with the United States Patent and Trademark Office.
Grantee further agrees to cooperate witb and assist the CIWMB in the
..... .....-----.--....--.-----prepavatiofl.of.any-patent-applicatiofb-tJnder-certain.unusual.and.very.1 imitecL..._____.
circumstance, where to do so would not conflict with the rights of the CIWMB
and would serve tbe public interest, upon written request by the Grantee, tbe
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.
40. PAYMENT
a. Upon execution of this Agreement by both parties, the ClWMB may
advance grant funds to Grantee provided that Grantee, in the sole discretion
of the Executive Director, qualifies for such advance payment and has
satisfactorily complied with the applicable requirements contained in this
Grant Agreement Package. The CrWMB may elect not to advance payment
if Grantee has not satisfactorily complied with the applicable terms and
conditions of previous grants and/or does not meet other threshold
requirements ideritified in the Procedures and Requirements (Exhibit B).
b. All expenditures must be directly related to the tasks identified in the
Procedures and Requirements (Exhibit B).
c. Upon receipt of grant funds, the Grantee shall deposit and maintain until
_.._~ende~.~!!..grant fun.ds in an inter~t bearing account in a federally insured _
Revised 5/7/08 - Entitlement T's & C's
9
5-13
financial institution. All interest accrued and received from this account
must be used for eligible expenses related to the performance of this
Agreement. Interest funds must be accounted for in all grant reports. All
unused interest funds must be returned to the CIWMB at the end of the grant
term.
d. Ten percent (10%) will be withheld from each Payment Request and paid at
the end of the grant term, when all reports and conditions stipulated in this
Agreement have been satisfactorily completed.
e. Lodgings, Meals and Incidentals: Unless otherwise provided for in this
Agreement, Grantee's Per Diem eligible costs are limited to the amounts
authorized 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.
41. PERSONNEL COSTS If there are eligible costs pursuant to Exhibit B, Procedures and Requirements,
any personnel expenditures to be reimbursed with grant funds must be computed
based on actual time spent on grant-related activities and on the actual salary or
equivalent hourly wage the employee is paid for his or her regular job duties,
including a proportionate share of any benefits to which the employee is entitled,
unless otherwise specified in the Procedures and Requirements (Exhibit B).
a. All real and personal property, including equipment and supplies, acquired
with grant funds shall be used by the Grantee only for the purposes for which
the CIWMB approved their acquisition for so long as such property is
needed for such purposes, regardless of whether the Grantee continues to
receive grant funds from the CIWMB for such purposes. In no event shall
the length oftime during which such property, including equipment and
supplies, acquired with grant funds, is used for the purpose for which the
CIWMB approved its acquisition be less than five (5) years after the end of
the grant term, during which time the property, including equipment and
supplies, must remain in the State of California.
b. Subject to the obligations and conditions set forth in this section, title to all
real and personal property acquired with grant funds, including all
equipment and supplies, shall vest upon acquisition in the Grantee. . The
-...-------.----...-....-.....------.. --Grantee 'shan- executealtdb'CUtll<:'nts're-quire-d-to'provide.the-etWMB-with'a-----.
purchase money security interest in any rea! or personal property, including
equipment and supplies, and it shall be a condition of receiving this grant
that the Cl\VMB shall be in first priority position with respect to the
purchase money security interest on any such property acquired with the
grant funds, unless pre-approved in writing by the Grant Manager that the
CIWMB will accept a lower priority position with respect to the purchase
money security interest on the property. Grantee shall inform any lender(s)
from whom it is acquiring additional funding to complete the property
purchase of this grant condition.
c. The Grantee may not transfer Title to any real or personal property, including
equipment and supplies, acquired with grant funds to any other entity
without the express authorization of the CIWMB. -
d. The CIWMB will not reimburse the Grantee for the acquisition of equipment
that was previously purchased with 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
42. REAL AND
PERSONAL PROPERTY
ACQUIRED WITH GRANT
FUNDS
Revised 5/7/08 - Entitlement T's & C's
10
5-14
43. RECYCLED-
CONTENT
CERTIFICATION
44. RECYCLED-
CONTENT PAPER
45. RECYCLED-
CONTENT PRODUCT
PROCUREMENT .
46. REDUCTION OF
WASTE
equipment for grant funding, the burden will be on the Grantee to establish
the pedigree of the equipment.
The Grantee shall certify the minimum, if not the exact, percentage of
postconsumer and secondary material in the products, materials, goods, and
supplies purchased with grant funds. This certification shall be provided to the
CIWMB on the Recycled Content Certification Form (CIW1\1B 74G) available at
Vvww.ciwmb.ca.gov/GrantslF orms/CIWMB07 4. pdf.
All documents submitted by the Grantee must be printed double-sided on
recycled-content paper containing one hundred percent (100%) post-consumer
fiber. Specific pages containing photographs or other ink-intensive graphics may
be printed on photographic paper.
In the pelformance of this Agreement, for purchases made with grant funds, the
Grantee shall purchase recycled-content products (RC?), as defined by the State
Agency Buy Recycled Campaign (SABRe) minimum recycled content
requirements see W\vw.ciwmb.ca.gov/BuyRecyclecIiStateAgenc'd. If the Grantee
cannot purchase RCPs, the Grantee must document why it was unable to comply
with this requirement and request written pre-approval from its Grant Manager to
deviate from this policy..
In the performance of this Agreement, Grantee shall take all reasonable steps to
ensure that materials purchased or utilized in the course of the project are not
wasted. Steps should include, but not be limited to: the use of used, reusable, or
recyclable products; discretion in the anlount of materials used; alternatives to
disposal of materials consumed; and the practice of other waste reduction
measures where feasible and appropriate.
Unless otherwise provided for in this Agreement, in the performance of this
Agreement, for all purchases made with grant funds, including, but not limited to,
equipment and tire-derived feedstock, the Grantee shall purchase and/or process
only California waste tires and California waste tire-derived products. As a
.' .... .-.-----.-----..---- .._._~.- conaition of'final"paymenturrde-nh'i'n\"gt-eement;-the' Grantee-must-provide~'" ...----.-~
documentation substantiating the source of the tire materials used during the
performance of this Agreement to the Grant Manager.
47. REDUCTION OF
WASTE TIRES
48. REMEDIES
49. RESOLUTION
Unless otherwise expressly provided herein, the rights and remedies hereunder
are in addition to, and not in limitation of, other rights and remedies under this
Agreement, at law or in equity, and exercise of one right or remedy shall not be
deemed a waiver of any other right or remedy.
A county, city, district, or other local public body must provide the CIWMB with
a copy of a resolution, order, motion, or ordinance of the local governing body,
which by law has authority to enter into an agreement, authorizing execution of
this Agreement and designating the job title of the individual authorized to sign
on behalf of the local public body.
Revised 5/7/08 - Entitlement T's & C's
11
5-15
-------------------------bo---The-Gmntee-agFees-to-GOop,.Fate-fully-in-providing_reasonable_access_to_the_________
Grantee's records, documents, agents or employees, or premises if
reasonably required by authorized officials of the ClWMB or its agents, the
Department of Industrial Relations, or the Department of Justice to
determine the Grantee's compliance with the requirements under paragraph
--.Q2.
50. SELF ASSESSMENT
CHECKLIST
51. SEVERABILITY
52. SITE ACCESS
53. STOP WORK
NOTICE
54. SWEATFREE CODE
OF CONDUCT
55. TERMINATION FOR
CAUSE
The Grantee shall submit with its Final Report a completed and signed Self
Assessment Checklist form, which is designed to aid the Grantee and the
Cl'vVMB in measuring compliance with grant administrative requirements.
If any provisions of this Agreement are found to be unlawful or unenforceable,
such provisions will be voided and severed from this Agreement without
affecting any other provision of this Agreement. To the full extent, however, that
the provisions of such applicable law may be waived, they are hereby waived to
the end that this Agreement be deemed to be a valid and binding agreement
enforceable in accordance with its terms.
The Grantee shall allow the State to inspect sites at which grant funds are
expended and related work being performed at any time during the performance
of the work and for ninety (90) days after completion of the work, or until all
issues related to the grant project have been resolved.
Immediately upon receipt of a written notice from the Grant Manager to stop
work, the Grantee shall cease all work under this Agreement.
--.----------------------
a. All Grantees contracting for the procurement or laundering of apparel,
garments or corresponding accessories, or the procurement of equipment,
materials, or supplies, other than procurement related to a public works
contract, declare under penalty of perjury that no apparel, garments or
corresponding accessories, equipment, materials, or supplies obtained with
Grant funds have been laundered or produced in whole or in part by
sweatshop labor, forced labor, convict labor, indentured labor under penal
sanction, abusive forms of child labor or exploitation of chi ldren in
sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict
labor, indentured labor under penal sanction, abusive forms of child labor or
exploitation of children in sweatshop labor. The Grantee further declares
under penalty of perjury that it adheres to the Sweatfree Code of Conduct as
set forth on the California Department oflndustrial Relations website located
at www_dir.ca_,>:ov, and Public Contract Code Section 6108.
The CIWMB may terminate this Agreement and be relieved of any payments
should the Grantee fail to perform the requirements of this Agreement at the time
and in the manner herein provided. In the event of such termination, the
CIWMB may proceed with the work in any manner deemed proper by the
C1WMB. All costs to the CIWMB shall be deducted from any sum due the
Grantee under this Agreement. Termination pursuant to this section may result
in forfeiture by the Grantee of any funds retained pursuant to the CIWMB's ten
percent (10%) retention policy.
Revised 517108 - Entitlement T's & C's
12
5-16
56. TIME IS OF THE
ESSENCE
57. TOLLING OF
STATUTE OF
LIMITATIONS'
58. UNION ORGANIZING
59. UNRELIABLE LIST
60. VENUE! CHOICE OF
LAW
61. WAIVER OF CLAIMS
AND RECOURSE
AGAINST THE STATE
62. WORK PRODUCTS
Time is of the essence of this Agreement.
The statute of limitations for bringing any action, administrative or civil, to.
enforce the terms of this Agreement or to recover any amounts determined to be
owing to tlie CrWMB as the result of any audit of the grant covered by this
Agreement shall be tolled during the period of any audit resolution, including
any appeals by the Grantee to the Executive Director and/or the Board.
By signing this Agreement, the Grantee hereby acknowledges the applicability of
GovernmentCodess 16645,16645.2,16645.8,16646, 16647,and 16648 to this
Agreement and hereby certifies that:
a. No grant funds disbursed by this grant will be used to assist, promote, or
deter union organizing by employees performing work under this Agreement.
b. If the Grantee makes expenditures to assist, promote, or deter union
organizing, the Grantee will maintain records sufficient to show that no state
funds were used for those expenditures, and that Grantee shall provide those
records to the Attorney General upon request.
Prior to authorizing a contractor(s) to commence work under this 'Grant, the
Grantee shall submit to the CIWMB a declaration from the contractor(s), signed
under penalty of perjury, stating that within the preceding three (3) years, none of
the events listed in Section 17050 of Title 14, California Code of Regulations,
Natural Resources, Division 7, has occurred with respect to the contractor(s). See
www.civ>lmb.ca.gov/Re<:wlatiolls/TitleI4!chl.hlm#ch l.a5. If a contractor is
placed on the CIWMB Unreliable List after award of this Grant, the Grantee may
be required to terminate that contract.
a. All proceedings concerning the validity and operation of this Agreement and
the performance of the obligations imposed upon the parties hereunder shall
be held in Sacramento County, California. The parties hereby waive any
right to any other venue. The place where the Agreement is entered into and
place where the obligation is incurred is Sacramento County, California.
b.The laws of the State of California shall goverri all proceedings concerning
the validity an<foperiitloi,Ofihls'Xgreemeiifand-Uie- performanceonl1.e-..-..-----.------
obligations imposed upon the parties hereunder.
The Grantee agrees to waive all claims and recourse against the State, its
officials, officers, agents, employees, and servants, including, but not limited to,
the right to contribution for loss or damage to persons or property arising out of,
resulting from, or in any way connected with or incident to this Agreement. This
waiver extends to any loss incurred attributable to any activity undertaken or
omitted pursuant to this Agreement or any product, structure, or condition created
pursuant to, or as a result of, this Agreement.
The Grantee must provide t..'1e CIWMB with copies of all printed materials and
photographs of all other final products paid for with Grant funds. Physical copies
ofthe final product shall be provided upon request of the Grant Manager.
Revised 517108 - Entitlement T's & C's
13
5-17
63. WORKERS'
COMPENSATION/LABOR
CODE
The Grantee is aware of Labor Code section 3700, which requires every
employer to be insured a"aainst 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 performance of
the work of this Agreement.
Revised 5/7/08 - Entitlement T's & C's
14
5-18
CITY Of LEMON GROVE
16 Best CIimcl({r On Earrh Ii
Office of the City Manager
May 22, 2008
Corky Mau
Branch Manager, Grant & Loan Resources
California Integrated Waste Management Board
1001 I Street .
P.O. Box 4025
Sacramento, CA 95812-4025
Re: Letter of Authorization, FY 2008-09 Used Oil Block Grant Program (Cycle
14)
Dear Ms. Mau,
The City of Lemon Grove authorizes the City of Chula Vista to submit a regional
application, acting as lead jurisdiction on our behalf, to the California Integrated
Waste Management Board for the FY 2008-09 Used Oil Block Grant Program
(Cycle 14) funding.
In addition, the City of Lemon Grove authorizes the City of Chula Vista to execute all
grant documents necessary to secure grant funds and to implement the approved
grant program.
~~~
~-- ---
Graham Mitchell
City Manager
'~-'._~-"_.~-".'---'~_.~~--~'--""""----"'--_._-~~~~~._~.........--.._....._'._---~~-~-~._.--...
3D? Main Street Lemon Grove California 91945-1705
619.81.5.3800 FAX: 619.81.5.3804 www.ci.lemon-grove.ca.us
il'~
<lb
5-19
..,... CALIFORNIA-
~A:I'IJ)~J.\JtCIirV
~. - . a~~1f]" .;2ll. -.,
;.$. j ~ ~ .~ -
~ INCORPOR;\.'l'];lP J
May 27, 2008
Corky Mau
Used Oil Block Grant Program
. California Integrated Waste Management Board
1001 I Street
P.O. Box 4025
Sacramento, CA 95812-4025
Re: Letter of Authorization, FY 2008-2009 Used Oil Block Grant (Cycle 14) Program
Dear Ms. Mau
The City of National City authorizes the City of Chula Vista to submit a regional application on its
behalfto the California Integrated Waste Management Board for the FY 2008-09 Used Oil Block
Grant (Cycle 14) Program Funding. In addition, the City of Chula Vista is authorized to execute all
grant documents necessary to secure grant funds and implement the approved grant program.
Sincerely,
....._--_._~._._---
.-z..(~l'~ ',-Vl
Ct Srrliili
Public Works Director
5-20
The City of
Imperial
Beach
(619) 423-8311
(619) 429-4861 Fax
PUBLIC WORKS
825 IMPERIAL BEACH BOULEVARD. IMPERIAL BEACH. CALIFORNIA 91932
June 5, 2008
Corky Mau
Branch Manager, Grant & Loan Resources
California Integrated Waste Management Board
100 I r Street
P.O. Box 4025
Sacramento, CA 95812-4025
Re: Letter of Authorization, FY 2008-09 Used Oil Block Grant Program (Cycle 14)
Dear Ms. Mau:
. .
The City of Imperial Beach authorizes the City ofChula Vista to submit a regional application to the California
Integrated Waste Management Board for the Used Oil Recycling Block Grant #14, Fiscal Year 2008-09 on its
behalf. The City of Chula Vista is hereby authorized and empowered to act as lead jurisdiction on our behalf,
. and to execute all grant documents necessary to secure grant funds and implement the approved grant program.
Sincerely, /i . .
.......-..----i/tt~~~---
H.A. (Hank) Levien
Public Works Director
City of Imperial Beach
cc. Gary Brown
Lynn France, City of Chula Vista
5-21
~{~
~
~~~~~
CITY OF
(HUlA VISTA.
OFFICE OF THE CITY MANAGER
June 19, 2007
California Integrated Waste Management Board
ATTN: Abbi West
Grants Administration Unit, MS 19A
1001 "I" Street
Sacramento, CA 95814-4025
RE: Signing Authority for Household Hazardous Waste, Used Oil Grants and Other
Related Grants
Dear Members of the Board:
As the City Manager of the City of Chula Vista, I have given signing authority to Lynn
France, Environmental Services Program Manager for the City of Chula Vista. as my
designee for Household Hazardous Waste, Used Oil and other related grants as defined
in the attached City Council Resolution No. 2005-187 through June 30, 2009. Ms.
France is authorized and empowered to execute in the name of the City of Chula Vista,
all grant documents necessary to secure grant funds and implement approved projects
relative to Used Oil Grants and Household Hazardous Waste Grants.
If you have any questions, please contact me directly at (619) 691-5031.
~D 'd'R .
aVI . arcla
City Manager
Enclosure: Council Resolution No. 2005-187
J:\AdminSupIDAVID GARCIA\CIWMB Grant Sjgr:i~g Authoritv Ltr.doc
276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910. (619) 691.5031 . (619) 409-5884
@ Po.:.Co.~umQ' rtct'.(Ctcd P.1?Cl'
5-22.
ATTACHMENT
r;
/../
RESOLUTION NO. 2007-204 .
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VlSTA AUTI:IORlZJNG THE CITY OFCHULA VlSTA TO BE THE
LEAD AGENCY IN THE SOUTH BAY REGIONAL HOUSEHOLD
HAZARDOUS WASTE PROGRAM, AUTI-IORIZING THE
SUBMITTAL OF GRANT APPUCATIONS TO THE CALIFORNIA
INTEGRATED WASTE. MANAGEMENT BOARD, A,Nl)
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO
EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SEClJRE
GRANT FtJNDS AND IMPLEMENT THE APPROVED GRANT
PROJECTS ON BEHALF OF 11IE CITY OF CHULA VISTA AND
PARTICIPATING JURlSIDICTIONS
WHEREAS, on June 7, 2005, pursuant tD 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 grallts under the California Oil Recycling Enhancement
Act (Used Oil) and all available household hazardous waste (HHW) grants through June 30,
2009; and
\VHEREAS, pursuant to Resolution No. 2005-187, the City Council also authorized the
City Manager to execute all grant docwnents 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 Sout.l:! Bay Regional Household Hazardous Waste Program
(SBRHHWP), pursuant to the authorization granted by Resolution No. 2005-187; and
WHEREAS, the SBRHH~ is comprised of the Cities of Chula Vista, Imperial Beach,
d N . nal C' d .-.-..--.-~_.-...__.._-.._~._------_..__.._-_._._._--_.
an mo It)'; an . .-.-.-....--.-..-.........--....
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.
5-23
Resolution No. 2007-204
Page 2
2. That it authorizes the submittal of grant applications to the California Integrated
Waste Ma.."1a.gement Board for all available grants mlder 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 authQrizes 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
~Cl~~~ r-r
Ann Moore
City Attorney
PASSED, APPROVED, and mOP1ED by the City Council of the City ofChula Vista.,
California, this 7th day of August 2007 by the following vote:
AYES:
Councilmem.bers:
Castaneda, McCann; Ramirez., Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATfEST:
~~li~:~~__L-~h_.
STATE OF CALIFO~'ITA )
COUNTY OF SAN DIEGO )
CrIT OF CHULA VrST A )
1, Susan Bigelow, City Clerk of Cbula 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.
Exocutedtbi'7thdayofAugu,r2007. ~d..c7~J
. Susan Blgelow, MMC, CIty erk
5':'24
RESOLUTION 2009-
RESOLUTION OF THE CITY COliNCIL OF THE
CITY OF CHULA, VISTA ACCEPTING AND
APPROPRlATING $87,525 IN UNAt"l"TICIPATED
REVENUES AWARDED TO THE CITY OF CHULA
VISTA, AS THE LEAD AGENCY FOR THE SOUTH
BA Y USED OIL RECYCLING PROGRAM FROM
THE CALIFORWA INTEGRATED WASTE
MANAGEMENT BOARD'S USED OIL RECYCLING
BLOCK GRANT FOR 2009-2010, 14TH CYCLE AND
A1\1ENDING THE FY 2010 WASTE MAt"l"AGEMENT
AND RECYCLING BUDGET
WHEREAS, the California Used Oil Enhancement Act (1999) [Act] requires the
collection of four cents for every quart of lubricating oil sold, transferred and imported into
California from oil manufacturers; and
WnEREAS, Chula Vista consumers pay four cents per quart into the fund when they
purchase oil; and
WHEREAS, the Act mandates that the California Integrated Waste Management Board
[CIWMB] use a portion of the funds to provide block grants to local governments for used oil
programs that encourage used oil and oil filter recycling; and
WHEREAS, Chula Vista is the lead agency for the Used Oil Recycling Program for the
South Bay cities of Chula Vista, Imperial Beach, National City and Lemon Grove; and
WHEREAS, the scope of work for this grant is a "regional" program that includes the
cities of Chula Vista, Imperial Beach, National City and Lemon Grove; and
WHEREAS, the program targets regional watershed protection issues that affect all the
cities that share the South Bay watershed; and
WHEREAS, the primary purpose ofthis block grant is to provide alternatives to illegal
disposal of used motor oil through a network of collection opportunities and outreach efforts
designed to inform and motivate the public to recycle used oil; and
WHEREAS, this grant will provide continued technical assistance and new supplies for
approximately thirty (30) free used oil recycling drop-off centers and curbside collection
programs in Chula Vista, Imperial Beach, National City and Lemon Grove; and
WHEREAS, the public education component will allow the City to continue to provide
advertising, portable displays, point of purchase displays, the Used Oil Hotline, billing inserts,
bottles, funnels, or drain pans; and
5-25
WHEREAS, this will also allow staff to have a booth at the various car shows, public
events, and auto part stores throughout the South Bay, reaching out to our target audience, the
"Do It Yourselfers."
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept and appropriate $87, 252 in unanticipated revenues awarded to the
City of Chula Vista, as the lead agency for the South Bay Used Oil Recycling Programs, from
the California Integrated Waste Management Board's Used Motor Oil Recycling Block Grant
for 2009-2010, 14th Cycle.
BE IT FURTHER RESOLVED that the City Council does hereby amended the FY 2010
Waste Management and Recycling Fund Budget.
Presented by
Approved as to form by
Richard Hopkins
Director of Public Works
. r,
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rfil~rti Ie. e~ '.j
'tvCity Attorney
5-26