HomeMy WebLinkAbout2010/04/13 Item 12
CITY COUNCIL
AGENDA STATEMENT
~\~ C/TYOF
5.f.:.,.~ (HULA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
4/13/10, Item~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING AND APPROPRIATING $77,694 IN
UNANTICIPATED REVENUES AWARDED TO THE CITY OF
CHULA VISTA, AS THE LEAD AGENCY FOR THE REGIONAL
USED OIL AND OIL FILTER RECYCLING PROGRAM FROM
THE DEPARTMENT OF RESOURCES RECYCLING AND
RECOVERY'S USED OIL RECYCLING BLOCK GRANT FOR
2010, 15TH CYCLE AND AMENDING THE FY 2010 WASTE
MANAGEMENT AND RECYCLING FUND BUDGET
DIRECTOR OF PUBLIC WORKS~
CITY MANAGER ~
ASSISTANT CITY ~--;NAGER ~
4/STHS VOTE: YES ~ NO D
SUMMARY
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.
Chu1a Vista consumers pay four cents per quart into the fund when they purchase oil. The Act
mandates that the State Department of Resources, Recycling and Recovery (CaIRecycle) 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. Due to drastic cuts in the available funds for this
grant program, CalRecycle has encouraged jurisdictions to form regional used oil/filter recycling
programs. Chula Vista is the lead agency for a South and East County Regional Used Oil/Filters
Recycling Program comprised of seven cities: Chula Vista, Imperial Beach, National City,
Lemon Grove, La Mesa, El Cajon and Santee. This regional program has been awarded $77,694.
ENVIRONMENTAL REVIEW
The Enviromnental Review Coordinator has reviewed the proposed ordinance for compliance
with the California Enviromnental Quality Act (CEQA) and has determined that the proposal
qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory
Agencies for Protection of the Enviromnent] of the State CEQA Guidelines. Thus, no further
enviromnental review is necessary.
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Page 2 of 3
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, Lemon Grove, La Mesa, El Cajon and Santee. The program
targets regional watershed protection issues that affect all South and East County cities. The
primary purpose of this block grant is to provide alternatives to illegal disposal of used motor oil
through a network of collection opportunities and outreach efforts designed to inform and
motivate the public to recycle used oil and oil filters.
This grant will provide continued technical assistance and new supplies for approximately 73
used oil recycling drop-off centers and curbside collection programs. There is no charge for
using these facilities as the costs are covered via the four cents per quart collected at the time
motor oil is purchased.
Staff will be working to certify new drop-off centers within the region. The public education
component will allow staff 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 Y ourselfers" (DlYers).
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
I 8704.2(a)(l) is not applicable to this decision.
CURRENT YEAR FISCAL IMPACT
There is no current year fiscal impact as the City will be reimbursed for all costs associated with
public education, advertising, portable displays, billing inserts, bottles and funnels, drain pans,
etc. and other recycling activities from various Used Oil and Household Hazardous Waste
Grants.
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact as the cost associated with public education, advertising,
portable displays, billing inserts, bottles and funnels, drain pans, etc. and other recycling
activities will cease after the funding from the Used Oil and Household Hazardous Waste Grants
has been exhausted.
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ATTACHMENTS
1. Notice to Proceed
2. Grant Contract Terms and Conditions
3. Grant Contract Procedures and Requirements
Prepared by: Lynn France. Environmental Services Program Manager, Public Works Department
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ATTACHMENT /
Natural Resources Agency Arnold Schwarzenegger, Governor
CalReCYCle~ DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY
801 K STREET, MS 19-01, SACRAMENTO, CALIFORNIA 95814. (916) 322L4027 . WWW.CAlRECYCLE.CA.GDV
February 18''',2010
Lynn France
Enviromnental Services Program Manager
City of Chula Vista
Resource & Waste Management Services
1800 Maxwell Road
Chula Vista, CA 919!1
SUBJECT:
USED OIL BLOCK GRANT (UBG), Cycle 15 (FY 2009/10)
UBGI5-09-0024
Dear L)'lill France:
Congratulations! The Department of Resources Recycling and RecovelY (CalRecycle) approved funding
your Used Oil Block Grant on December 30, 2009 in the amount of $77 ,694.00. Please review the
enclosed Grant Agreement package, then complete and return the Grantee portion of the Grant Agreement
Cover Sheet (CalRecycle 110).
The Grant Agreement Cover Sheet must be signed and returned to CalRecycle within 90 days from the
date oftl1.is letter. In addition, full pa)'lnent of any outstanding debt(s) owed by the proposed Grautee to
CalRecycle is required within 90 days of2/18/2010. Ifthe Grant Agreement Cover Sheet is not signed
and retlined within 90 days and/or pa)'lllents are not made by the Grantee for al1 outstanding debts owed
to CalRecycle within 90 days of 2/18/2010, the grant award will be voided.
The Grant Agreement Cover Sheet must be signed by the "authorized signatOlY" as identified in your
resolution. If the resolution authorizes a designee and the signature authority would like to designate
another individual to sign on their behalf, the "authorized signatory" must provide a letter identifying the
. job title of the designee.
Please retain all Grant Agreement documents, which include Exhibits A through B, for your records and
return only the Grant Agreement Cover Sheet to:
CaIReeyde
Financial Assistance Division
Attn: Jo Glenn, MS 9A
1001 I Street, P.O. Box 4025
Sacramento, CA 95812-4025
Upon execution of the Grant Agreement Cover Sheet by both parties, CalRecycle willretul1l a copy of the
executed Graut Agreement Cover Sheet along with an Award Letter.
Advance Pa)'lllent Option - This option may be available at the sole discretion of the CalRecycle Grant
Manager for jurisdictions that receive a grant of $20,000 or less, and multi-jurisdiction and regional
grantees whose individual jurisdictions would have received $20,000 or less had they applied
<;}
ORJGlNAL PRINIED ON 100% J'OSTCQN5UMERCONTENT, ProcESSED CHLORJN5fRF.5 rAfER
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STATE OF CAliFORNIA
GRANT AGREEMENT COVER SHEET
DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CaIRacycl!:l)
CalRacycle 110 (Revl!lcd 1/10)
NAME OF GRANT PROGRAM
I GRANT NUMBER
UBG15-09-24
2009/2010 Used Oil Block Grants - Fifteenth Cvcle
GRANTEE NAME
Cit of Chula Vista
TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER
TOTAL GRANT AMOUNT NOT TO EXCEED
$77,694.00
TERM OF GRANT AGREEMENT
FROM: Jul 1, 2009
TO: June 30, 2012
THIS AGREEMENT is made and entered into on this ttl day of Januarv ?010, by the Department of Resources Recycling and Recovery ("CaIRecycle")
and City of Chuta Vista (the "Grantee"). CalRecycle and the Grantee, in mutual consideration of the promises made herein, agree as follows:
The Grantee further agrees to abide by the provisions of the following exhibits attached hereto:
Exhibit A M Terms & Conditions
Exhibit B ~ Procedures & Requirements
Exhibits A and B are attached hereto, the CalRecyclsMapproved Application and the Application Guidelines and Instructions are incorporated by reference
herein and made a part hereof.
CalRecycle agrees 10 fund work done by the Grantee in accordance with this Agreement up to but not to exceed the Total Grant Amount specified herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreemenl as of the dates entered below
GRANTEE' NAME (PRINT OR TYPE)
CALRECYCLE City of Chula Vista
,SIGNATURE OF CALRECYGLE'S AUTHORIZED SIGNATORY: SIGNATURE OF GRANTEE:
(AS AUTIiORJZED IN RESOLUTION OR LETTER OF DESIGNATION AUTHORIZATION)
- _Of:vAA ~
Director, CalRecycle I DATE ;"'-E V, (, ID3/Z/20ID
~~~~VY;~~e: (~. "M'}-
lRAi~ AW)~~E ~C. STATE AND ZIP CODE]
Ck.v-1~VI?\-v- ,Ci"I qIC-(l\
CERTIFICATION OF FUNDING
AMOUNT ENCUMBERED BYll-JlS AGREEMENT PROGRAM/CATEGORY (COOE AND l1lLE) FUNDTIll..E
200912010 Used Oil Block Grants - Fifteenth Cycle OIL
$77,694.00
(OP110NAL USE)
PRIOR AMOUNT ENCUM8ERED FOR lHlS AGREEMENT
ITEM CHAPTER STAT1.JTE F!SCAL YEAR
TOTAL AMOUNT ENCUM8ERED TO DATE 350<J.-602-0100 817 1991 2009/2010
$77,694.00 OBJECT OF EXPENDITURE (CODE AND TITlE)
100<J.-75100-702
I hereby certify upon my own personal knowledge that budgeted funds are available for T,B.A. NO. IB.R. NO.
the oariad and -ou-mosa of tlia exosndi!ure stated above.
S!GNATURE OFCALRECYCLE ACCOUNTING OFFICER DAlE
- t\~'u....- ~c. 'JAN 2 7 2010
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ATTACHMENT Z-_
EXHIBIT A
TERMS AND CONDITIONS
Used Oil Recycling Block Grant
Fiscal Year 2009/10 (Cycle 15th)
This grant may not be funded unless the proposed Grantee meets the following two conditions:
1. The proposed Grantee must payor bring current all outstanding debts or scheduled payments
owed to the Department of Resources Recycling and Recovery (CalRecycle) 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:
"CalRecycle" means the Department of Resources Recycling and Recovery.
"Director" means the Director of CaIRe cycle or his or her designee.
"Grant Agreement" and "Agreement" means all documents comprising the agreement between
CalRecycle and the Grantee for this Grant.
"Grant Manager" means CalRecycle staff person responsible for monitoring the grant.
"Grantee" means the recipient of funds pursuant to this Agreement.
"Program" means the Used Oil Recycling Block Grant Program.
"State" means the State of California, including, but not limited to, CalRecycle and/or its designated
officer.
1. .
ACKNOWLEDGEMENTS
2. ADVERTISING!
PUBLIC EDUCATION
3. AIR OR WATER
POLLUTION VIOLATION
The Grantee shall acknowledge CalRecycle'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 material.
The acknowledgement of CalRecycle's support must incorporate CalRecycle
Initials or abbreviations for CalRecycle 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 CalRecycle's Communication Strategy
and Outreach Plan. If, subsequent to this Agreement, CalRecycle adopts updated
or new logos or language (language), the Grant Manager may require the Grantee
to include this langua~ in newly printed or generated materials.
The Grantee shall submit copies of all draft public education or advertising
materials to the Grant Manager for review and approval prior to the Grantee's
production of materials. Unless omission of the following copyright designation
is pre-approved in writing by the Grant Manager, all public education and
advertising materials shall state: "~(year of creation) by the California
Department of Resources Recycling and Recovery (CaIRecycle). All rights
reserved. This publication, or parts thereof, may not be reproduced without
permission from CalRecycle. "
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 air pollution control district;
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
Revised 12/23/09 - Entitlement T's & C's
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4. AMENDMENT
5. AMERICANS WITH
DISABILITIES ACT
6. ASSIGNMENT,
SUCCESSORS AND
ASSIGNS
7. AUDITIRECORDS
ACCESS
8. AUTHORIZED
REPRESENTATIVE
requirements or discharge prohibitions; or
c. Finally determined to be in violation of provisions of federal law 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.
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 V.S.C. 912101 et seq.)
a. This Agreement may not be assigned by the Grantee, either in whole or in
part, without CalRecycle's prior written consent.
b. The provisions of this Agreement shall be binding upon and inure to the
benefit of CalRecycle, the Grantee, and their respective successors and
assigns.
The Grantee agrees that CalRecycle, the Department of Finance, the Bureau of
State Audits, or their designated representative(s) shall have the right to review
and to copy any records and supporting documentation pertaining to the
performance of this Agreement. The Grantee agrees to maintain such records for
possible audit for a minimum of three (3) years after final payment date or grant
term end date, whichever is later, unless a longer period of records retention is
stipulated, or until completion of any action and resolution of all issues which
may arise as a result of any litigation, dispute, or audit, whichever is later. The
Grantee agrees to allow the designated representative(s) access to such records
during normal business hours and to allow interviews of any employees who
might reasonably have information related to such records. Further, the Grantee
agrees to include a similar right of the State to audit records and interview staff
in any contract or subcontract related to performance of this Agreement.
[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 CalRecycle on all grant-related issues. The
Grantee shall, at all times, keep the Grant Manager informed as to the identity
and contact information of the authorized representative.
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9. AVAILABILITY OF
FUNDS
10. CHILD SUPPORT
COMPLIANCE ACT
11. COMMUNICATIONS
12. COMPLIANCE
13. CONFLICT OF
INTEREST
The CalRecycle's obligations under this Agreement are contingent upon and
subject to the availability of funds appropriated for this grant.
For any agreement in excess of $100,000, the Grantee acknowledges that:
a. The Grantee recognizes the importance of child and family support
obligations and shall fully comply with all applicable state and federal laws
relating to child and family support enforcement, including, but not limited
to, disclosure of information and compliance with earnings assignment
orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5
of Division 9 of the Family Code; and
b. The Grantee, to the best of its knowledge, is fully complying with the
earnings assignment orders of all employees, and is providing the names of
all new employees to the New Hire Registry maintained by the California
Employment Development Department.
All communications from the Grantee to CalRecycle shall be directed to the
Grant Manager. All notices, including reports and payment requests, required by
this Agreement shall be given in writing by 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 Grantee shall comply fully with all applicable federal, state, and local laws,
ordinances, regulations, and permits. The Grantee shall provide evidence, upon
request, that all local, state, and/or federal permits, licenses, registrations, and
approvals have been secured for the purposes for which grant funds are to be
expended. The Grantee shall maintain compliance with such requirements
throughout the grant 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, CalRecycle must be
contacted immediately for clarification.
Current State Employees (Public Contracts Code (PCC) S 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.li 10411):
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14. CONTRACTORS!
SUBCONTRACTORS
15. COPYRIGHTS AND
TRADEMARKS
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, plarrning, 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 e)TIployee may enter into a contract with any state
agency ifhe 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 Ij 10420).
The Grantee will be entitled to make use of its own staff and such contractors
and subcontractors as are mutually acceptable to the Grantee and CalRecycle.
Any change in contractors or subcontractors must be mutually acceptable to the
parties. Immediately upon termination of any such contract or subcontract, the
Grantee shall notify the Grant Manager.
Nothing contained in this Agreement or otherwise, shall create any contractual
relation between CalRecycle and any contractors or subcontractors of Grantee,
and no agreement with contractors or subcontractors shall relieve the Grantee of
its responsibilities and obligations hereunder. The Grantee agrees to be as fully
responsible to CalRecycle for the acts and omissions of its contractors and
subcontractors and of persons either directly or indirectly employed by any of
them as it is for the acts and omissions of persons directly employed by the
Grantee. The Grantee's obligation to pay its contractors and subcontractors is an
independent obligation from CalRecycle's obligation to make payments to the
Grantee. As a result, CalRecycle 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 CalRecycle 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, but which originated
from previously copyrighted or trademarked material. With respect to
all other copyrightable and trademarkable materials, CalRecycle 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 shall be the property of CalRecycle. 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 CalRecycle pursuant
to this section. Copies of any licenses, permissions, releases or
authorizations obtained pursuant for the use of text, images or other
materials owned, copyrighted or trademarked by third parties shall be
provided to the Grant Manager. Under unusual and very limited
circumstances, where to do so would not conflict with the rights of
CalRecycle and would serve the public interest, upon written request by
the Grantee, CalRecycle may give, at the Director's sole discretion,
Revised 12/23/09 - Entitlement T's & C's
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16. CORPORATION
QUALIFIED DOING
BUSINESS IN
CALIFORNIA
17. DISCLAIMER OF
WARRANTY
18. DISCRETIONARY
TERMINATION
19. DISPUTES
20. DRUG-FREE
WORKPLACE
CERTIFICATION
written consent to the Grantee to retain all or any part of the ownership
of these rights.
b. The CalRecycle hereby grants to the Grantee a royalty-free,
nonexclusive, nontransferable world-widelicense to reproduce, translate,
and distribute copies of the copyrightable materials produced pursuant
this Agreement, for nonprofit, non-commercial purposes, and to have or
permit others to do so on the Grantee's behalf. This license is limited to
the copyrightable materials produced pursuant to this Agreement and
does not extend to any materials capable of being trademarked. The
following shall appear on all intellectual property used by Contractor
pursuant to this license, solely for the purpose of protecting
CalRecycle's intellectual property rights therein: "<(;) {year of creation}
by the Department of Resources Recycling and Recovery (CalRecycle).
Used pursuant to license granted by CalRecycle. 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 CalRecycle makes no warranties, express or implied, including without
limitation, the implied warranties of merchantability and fitness for a particular
purpose, regarding the materials, equipment, services or products purchased,
used, obtained and/or produced with funds awarded under this Agreement,
whether such materials, equipment, services or products are purchased, used,
obtained and/or produced alone or in combination with other materials,
equipment, services or products. No CalRecycle employees or agents have any
right or authority to make any other representation, warranty or promise with
respect to any materials, equipment, services or products, purchased, used,
obtained, or produced with grant funds. In no event shall CalRecycle be liable
for special, incidental or consequential damages arising from the use, sale or
distribution of any materials, equipment, services or products purchased or
produced with grant funds awarded under this Agreement.
The Director shall have the right to terminate this Agreement at his or her sole
discretion at any time upon thirty (30) days written notice to the Grantee. Within
forty-five (45) days of receipt of written notice, Grantee is required to:
a. Submit a final written report describing all work performed by the
Grantee;
b. Submit an accounting of all grant funds expended up to and including
the date of termination; and,
c. Reimburse CalRecycle for any unspent funds.
........"".. _____m___"_n""""" """_____.__
--.--"-.....--.....--------
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 ~ 8350 et seq.)
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21. EFFECTIVENESS OF
AGREEMENT
22. ENTIRE
AGREEMENT
23. ENVIRONMENTAL
JUSTICE
24. FAILURE TO
PERFORM AS
REQUIRED BY THIS
AGREEMENT
25. FORCE MAJEURE
and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawtul 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) th~ dangers of drug abuse in the workplace, (2) the
Grantee's policy of maintaining a drug-free workplace, (3) any available
counseling, rehabilitation, and employee assistance programs, and (4)
penalties that may be imposed upon employees for drug abuse
violations.
c. Require that each employee who works on the grant: (I) receive a copy
of the drug-free policy statement of the Grantee, and (2) agrees to abide
by the terms of such statement as a condition of employment on the
grant.
This Agreement is of no force or effect until signed by both parties.
This Agreement supersedes all prior agreements, oral or written, made with
respect to the subject hereof and, together with all attachments hereto, contains
the entire Agreement of the parties.
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 ofthe
State.
The CalRecycle will benefit from the Grantee's full compliance with the terms of
this Agreement only by the Grantee's:
a. Investigation and/or application of technologies, processes, and devices
which support reduction, reuse, and/or recycling of wastes; or
b. Cleanup ofthe 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.
Ifthe Grant Manager determines that the Grantee has not complied with the
Grant Agreement, the Grantee may forfeit the right to reimbursement of any
grant funds not already paid by CalRecycle, including, but not limited to, the ten
percent (10%) withhold.
Neither CalRecycle nor the Grantee, its contractors, vendors, or subcontractors, if
any, shall be responsible hereunder for any delay, default, or nonperformance of
this Agreement, to the extent that such delay, default, or nonperformance is
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26. FORFEIT OF GRANT
FUNDS/REPAYMENT OF
FUNDS IMPROPERLY
EXPENDED
27. GENERALLY
ACCEPTED
ACCOUNTING
PRINCIPLES
28. GRANT MANAGER'S
AUTHORITY
29. GRANTEE
ACCOUNTABILITY
30. GRANTEE'S
INDEMNIFICATION AND
DEFENSE OF THE
STATE
31. GRANTEE'S NAME
CHANGE
32. NO AGENCY
RELATIONSHIP
CREATED/
INDEPENDENT
CAPACITY
caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war,
rebellion, sabotage, flood, or other contingencies unforeseen by CalRecycle or
the Grantee, its contractors, vendors, or subcontractors, and beyond the
reasonable control of such party.
If grant funds are not expended, or have not been expended, in accordance with
this Agreement, or if real or personal property acquired with grant funds is not
being used, or has not been used, for grant purposes in accordance with this
Agreement, the Director, at his or her sole discretion, may take appropriate
action under this Agreement, at law or in equity, including requiring the Grantee
to forfeit the unexpended portion of the grant funds, including, but not I imited to,
the ten percent (10%) withhold, and/or to repay to CalRecycle 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 grant program. In the event an
audit should determine that grant funds are owed to CalRecycle, the Grantee is
responsible for repayment of the funds to CalRecycle.
The Grantee agrees to indemnify, defend and save harmless the State and
CalRecycle, and their officers, agents and employees from any and all
claims and losses accruing or resulting to any and all contractors,
subcontractors, suppliers, laborers, and any other person, firm or
corporation furnishing or supplying work services, materials, or supplies
in connection with the performance of this Agreement, and from any and
all claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by the Grantee 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, CalRecycle
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 CalRecycle.
Revised 12/23/09 - Entitlement T's & C's
7
12-12
33. NO WIAIVER OF
RIGHTS
34. NON-
DISCRIMINATION
CLAUSE
35. OWNERSHIP OF
DRAWINGS, PLANS,
AND SPECIFICATIONS
36.. PAYMENT
The CalRecycle shall not be deemed to have waived any rights under this
Agreement unless such waiver is given in writing and signed by CalRecycle. No
delay or omission on the part of CalRecycle in exercising any rights shall operate
as a waiver of such right or any other right. A waiver by CalRecycle of a
provision of this Agreement shall not prejudice or constitute a waiver of
CalRecycle's right otherwise to demand strict compliance with that provision or
any other provision of this Agreement. No prior waiver by CalRecycle, nor any
course of dealing between CalRecycle and Grantee, shall constitute a waiver of
any of CaIRe cycle's rights or of any of Grantee' s obligations as to any future
transactions. Whenever the consent of CalRecycle is required under this
Agreement, the granting of such consent by CalRecycle in any instance shall not
constitute continuing consent to subsequent instances where such consent is
required and in all cases such consent may be granted or withheld in the sole
_discretion of CalRecycle.
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 gg
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 CalRecycle upon request. Grantee agrees, and shall
require that its contractors, subcontractors, and vendors agree that the State shall
have the full right to use said copies in any marmer when and where it may
determine without any claim to additional compensation.
a. Upon execution of this Agreement by both parties, CalRecycle may
advance grant funds to Grantee provided that Grantee, in the discretion of
CalRecycle Grant Manager, qualifies for such advance payment and has
satisfactorily complied with the applicable requirements contained in this
Grant Agreement Package. The CalRecycle may elect not to advance
payment if Grantee has not satisfactorily complied with the applicable terms
and conditions of previous grants and/or does not meet other threshold
requirements identified in the Procedures and Requirements (Exhibit B).
b. All expenditures must be directly related to the tasks identified in the
Procedures and Requirements (Exhibit B).
c. Upon receipt of grant funds, the Grantee shall deposit and maintain until
expended all grant funds in an interest bearing account in a federally insured
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 CalRecycle 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.
Revised 12123109 - Entitlement T's & C's
8
12-13
37. PERSONNEL COSTS
38. REAL AND
PERSONAL PROPERTY
ACQUIRED WITH GRANT
FUNDS
39. RECYCLED-
CONTENT
CERTIFICATION
e. Lodgings, Meals and Incidentals: 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.
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
CalRecycle approved their acquisition for so long as such property is needed
for such purposes, regardless of whether the Grantee continues to receive
grant funds from CalRecycle for such purposes. In no event shall the length
of time during which such property, including equipment and supplies,
acquired with grant funds, is used for the purpose for which CalRecycle
approved its acquisition be less than five (5) years after the end of the grant
term, during which time the property, including equipment and supplies,
must remain in the State of California.
b. Subject to the obligations and conditions set forth in this section, title to all
real and personal property acquired with grant funds, including all
equipment and supplies, shall vest upon acquisition in the Grantee. The
Grantee shall execute all documents required to provide CalRecycle with a
purchase money security interest in any real or personal property, including
equipment and supplies, and it shall be a condition of receiving this grant
that CalRecycle 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 CalRecycle 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 CalRecycle.
d. The CalRecycle will not reimburse the Grantee for the acquisition of
equipment that was previously purchased with CalRecycle grant funds,
unless the acquisition of such equipment with grant funds is pre-approved in
writing by the Grant Manager. In the event of a question concerning the
eligibility of equipment for grant funding, the burden will be on the Grantee
to establish the pedigree of the equipment.
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
CalRecycle on the Recycled Content Certification Form (CalRecycle 74G)
available at www.ciwmb.ca.gov/Grants/Forms/CaIRecycle074.pdf.
Revised 12/23/09 - Entitlement T's & C's
9
12-14
40. RECYCLED-
CONTENT PAPER
41. RECYCLED-
CONTENT PRODUCT
PROCUREMENT
42. REDUCTION OF
WASTE
43. REDUCTION OF
WASTE TIRES
44. REMEDIES
45. SELF ASSESSMENT
CHECKLIST
46. SEVERABILITY
47. SITE ACCESS
All documents submitted by the Grantee must be printed double-sided on
recycled-content paper containing one hundred percent (100%) post-consumer
fiber. Specific pages containing photographs or other ink-intensive graphics may
be printed on photographic paper.
11) the performance of this Agree;nent, 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.Q.ov/BuvRecvcled/StateAQ.ency/. If the Grantee
carmot purchase RCPs, the Grantee must document why it was unable to comply
with this requirement and request written pre-approval from its Grant Manager to
deviate from this policy..
In the performance of this Agreement, Grantee shall take all reasonable steps to
ensure that materials purchased or utilized in the course of the project are not
wasted. Steps should include, but not be limited to: the use of used, reusable, or
recyclable products; discretion in the amount of materials 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
condition of final payment under this Agreement, the Grantee must provide
documentation substantiating the source of the tire materials used during the
performance of this Agreement to the Grant Manager.
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.
The Grantee shall submit with its Final Report a completed and signed Self
Assessment Checklist form, which is designed to aid the Grantee and CalRecycle
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 ofthis 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
Revised 12/23/09 ~ Entitlement T's & C's
10
12-15
48. STOP WORK
NOTICE
49. TERMINATION FOR
CAUSE
50. TIME IS OF THE
ESSENCE
51. TOLLING OF
STATUTE OF
LIMITATIONS
52. UNION ORGANIZING
52. UNRELIABLE LIST
53. VENUE! CHOICE OF
LAW
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.
The CalRecycle may terminate this Agreement and be relieved of any payments
should the Grantee fail to perform the requirements of this Agreement at the time
and in the manner herein provided. [n the event of such termination, CalRecycle
may proceed with the work in any manner deemed proper by CalRecycle. All
costs to CalRecycle shall be deducted from any sum due the Grantee under this
Agreement. Termination pursuant to this section may result in forfeiture by the
Grantee of any funds retained pursuant to CalRecycle' s ten percent (10%)
retention policy.
Time is of the essence of this Agreement.
The statute of limitations for bringing any action, administrative or civil, to
enforce the terms of this Agreement or to recover any amounts determined to be
owing to CalRecycle as the result of any audit of the grant covered by this
Agreement shall be tolled during the period of any audit resolution, including
any appeals by the Grantee to the Director.
By signing this Agreement, the Grantee hereby acknowledges the applicability of
Government Code 99 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 CalRecycle a declaration from the contractor(s), signed
under penalty of perjury, stating that within the preceding three (3) years, none of
the events listed in Section 17050 of Title 14, California Code of Regulations,
Natural Resources, Division 7, has occurred with respect to the contractor(s). See
www.ciwmb.ca.gov/Regulations/TitleI4/chl.htm#ch 1 as. If a contractor is
placed on CalRecycle 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
Revised 12/23/09 - Entitlement T's & C's
11
12-16
54. WAIVER OF CLAIMS
AND RECOURSE
AGAINST THE STATE
55. WORK PRODUCTS
56. WORKERS'
COMPENSATION/LABOR
CODE
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 ofthis Agreement and the performance of the
obligations imposed upon the parties hereunder.
The Grantee agrees to waive all c;laims 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 CalRecycle with copies of all printed materials and
photographs of all other final products paid for with Grant funds. Physical copies
of the final product shall be provided upon request of the Grant Manager.
The Grantee is aware of Labor Code section 3700, which requires every
employer to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the Labor Code, and the Grantee
affirms to comply with such provisions before commencing the performance of
the work of this Agreement.
Revised 12/23/09 - Entitlement T's & C's
12
12-17
ATTACHMENT S
EXHIBIT B
PROCEDURES AND REQUIREMENTS
Used Oil Recycling Block Grant (15th Cycle) for FY 2009/10
Copies of these Procedures and Requirements should be shared with BOTH the Finance Department
AND the staff responsible for implementing the grant activities.
IntroductionlGeneral
Information
These Procedures and Requirements of the Department of Resources
Recycling and Recovery (CaIRecycle) Used Oil Recycling Block Grant (UGB)
Agreement describe project and reporting requirements, report due dates,
report contents, grant payment conditions, eligible and ineligible project costs,
publicity, education and copyright requirements, supporting documentation for
all expenditures, overhead/indirect costs, projects completion and close-out
procedures, records and audit requirements.
Expenditures incurred by the Grantee before both parties have executed the
UBG15 Grant Agreement are subject to the Procedures and Requirements
and Terms and Conditions of UBG14, and are incurred at the Grantee's own
risk. All grant awards are contingent upon compliance with the requirements
of the UBG Program and certain other factors, which will be set forth in detail
in the Award Letter the Grantee will receive from CalRecycle. Grantees may
choose, at their own risk, to incur grant-eligible expenses after July 1, 2009,
and prior to receipt of the fully executed Grant Agreement.
Questions?
All communication regarding this grant should be directed to your CalRecycle
Grant Manager (Grant Manager) unless otherwise specifically stated. To find
the name and telephone number of your Grant Manager, refer to:
http://www.calrecycle.ca.gov/HomeHazWaste/Grants/Contacts.htm
The Grantee may also call the Financial Assistance Division, Grant and Loan
Resources Branch at (916) 341-6457.
Important Dates
July 1, 2009 -
August 15, 2012
Grant Term for UBG15
July 1, 2009 -
June 30, 2012
Grant Performance Period
August 16, 2010
August 15, 2011
Annual Report Due
Annual Report Due
June 30, 2012
Grant Performance Period Ends
July 1,2012-
August 15, 2012
Report Preparation Period
August 15, 2012
Grant Term Ends and Final Report Due
1
12-18
Grant Performance
Period, Grant Term
and Report
Preparation Period
Definitions
The Grant Performance Period begins on July 1, 2009, at which time eligible
grant expenditures for UBG15 may start (subject to the Procedures and
Requirements and Terms and Conditions of UBG14, until such time as the
UBG15 Grant Agreement becomes effective.) In all cases, all eligible UBG15
costs must be incurred no later than June 30, 2012.
The Grant Term and Grant Performance Period both begin on July 1, 2009,
and the Grant Performance Period ends on June 30,2012. The period
between July 1,2012, and August 15, 2012, is referred to as the Report
Preparation Period. The Grant Term encompasses both the Grant
Performance Period and the Report Preparation Period and ends August 15,
2012, at the conclusion of the Report Preparation Period. Costs incurred to
prepare the Final Report and Final Payment Request, if any, are the only
costs that are eligible for reimbursement during the Report Preparation
Period.
For purposes of this Grant Program, the following definitions apply:
Contractor: An individual, business or company with which the Grantee
enters into an agreement to perform grant-related services or activities, or
provide materials or supplies for grant-related projects, services or activities.
CalRecycle: The Department of Resources Recycling and Recovery
(CaIRecycle), formerly known as the California Integrated Waste Management
Board (CIWMB).
Grant Manager: The CalRecycle staff person responsible for monitoring a
particular grant.
Grantee: The recipient of funds pursuant to a grant agreement.
Letter of Authorization: A letter submitted by a jurisdiction (Regional
Participant) to authorize another jurisdiction (Regional Lead) to apply for a
Used Oil Recycling Block Grant and to act on its behalf in the implementation
and administration of the grant.
Letter of Designation: A letter submitted by the signature authority of an
Applicant or Grantee which delegates authority to another individual (or
position title) to execute, on behalf of the Applicant or Grantee, all grant-
related documents, as authorized in the Resolution.
Subcontractor: An individual, business or company with which the Grantee's
Contractor enters into an agreement to perform grant-related services or
activities, or provide materials or supplies for grant-related projects, services
or activities.
All contracts and subcontracts related to the performance of the Grant
Agreement are required to include the right of CalRecycle to audit records and
interview staff as set forth in the Audits/Records Access section of the Terms
and Conditions (Exhibit A).
2
12-19
Prior To Commencing Grant Self.Assessment Form and other Grant Forms
Work Prior to commencing work under this Grant, the Grantee's Grant Manager and
authorized Signature Authority should review the Grant Self Assessment
Checklist Form, and other Grant Forms, so as to identify key administrative
requirements. Evaluation of the Grantee's compliance with these
requirements is a major part of all Grant audits.
As set forth more fully in the Terms and Conditions (Exhibit A), the Grantee
shall submit with its Final Report a completed and signed Self-Assessment
Form. To obtain the Grant Self-Assessment Form (CIWMB 641), contact your
Grant Manager, or go to http://www.calrecvcle.ca.qov/Grants/Formsl.
Reliable Contractor Declaration
Prior to authorizing a contractor(s) to commence work under this Grant, the
Grantee shall submit to the Grant Manager 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) and the subcontractor(s), respectively. See
http://www.calreqs.com/to access the referenced Section of Title 14.
Where To Send
Reports, Payment
Requests, etc.
Send Reports, Grant Payment Requests, and all other written correspondence
to your Grant Manager's attention at:
Department of Resources Recycling and Recovery
Financial Assistance Division
Grant and Loan Resources Branch - MS #9A
P.O. Box 4025, 1001 "1" Street
Sacramento, CA. 95812-4025
Attn: (your Grant Manager's name)
General Requirements Grantees must meet the minimum requirements at the beginning of the grant
cycle to be eligible to expend funds. Eligibility includes having at least one
Certified Collection Center (CCC) per 100,000 residents of the jurisdiction or a
curbside collection program which includes used oil collection.
Grantees, or their contractors, must possess or acquire all applicable
agreements/permits necessary to carry out the activities funded by the UBG
and a copy or copies must be available for review upon request. The Grantee
is responsible to ensure that contractors who administer and/or implement the
grant on behalf of the Grantee comply with the Grant Agreement.
UBG15 applicants who miss the July 31, 2009 application submission date or
who miss the August 31,2009 date for submission of local government
resolutions will not be eligible for UBG15 but will retain their eligibility for
subsequent UBGs if they submit an Annual Report for all other USGs by
November 15, 2009, that is subsequently approved by the Grant Manager.
3
12-20
Annual Site Visits
Grant Expenditures
Expenditures
Requiring Advance
Approval By
CalRecycle Grant
Manager
Pre-Approved
Expenditures
Grantees who are invoiced for outstanding UBG funds may apply for UBGs
and competitive grants, but any grants awarded will not be funded unless any
outstanding invoices are paid within 90 days of the date the Board awards the
grant.
Annual site visits to the Grantee's eees are a grant requirement during each
fiscal year. Grantees must visit at least one eee per 100,000 population.
Please submit site visit forms (eIWMB 664 or elWMB 665) as soon as
completed, to your Grant Manager. Unless previously submitted within the
current fiscal year, these forms must be submitted with the Annual Report.
All expenditures must be incurred, and payment made, with services provided
and goods received during the Grant Performance Period,
July 1,2009 - June 30, 2012.
a) The Grantee must spend all of the available funds from the oldest UBG
prior to spending any funds from more recent UBGs. For example,
utilize all funds from the 14th cycle grant before showing any 15th cycle
expenses on the Expenditure Itemization Summary (EIS).
b) It is acceptable to split an invoice across two separate UBG cycles in
order to "zero out" all funds in the oldest UBG before using funds from
a more recent UBG. Expenditures that are split need to be clearly
identified on the Expenditure Itemization Summary form(s) as to what
expenditures are attributed to which grant cycle.
Expenditures associated with the tasks or products listed below must be
approved in writinq bv the Grant Manaqer prior to purchase or production.
Please retain all approvals for audit purposes. Items not pre-approved MAY
NOT be an eligible expenditure and payment may be denied.
Allow at least five (5) working days for approval of the following items:
. Premiums if the per item cost exceeds twenty dollars ($20, not including
sales tax)
. All television, video, and radio scripts
. School presentations (submit script and presentation purpose)
. Purchase of equipment, vehicles, and trailers, if $5,000 or more total for
the grant or more than 10 percent of the grant award
. Purchase of computer equipment and software, if over $1,000 total for the
grant or more than 10 percent of the grant award
. Financial incentives, if over $1,000 per year or more than 10 percent of the
grant award (includes: sponsorships, stipends, etc.)
. Planning, background, or feasibility studies
The expenditures listed below DO NOT require advance approval by the Grant
Manager if they are related to the establishment, maintenance, or
enhancement of used oil and used oil filter collection programs:
. Travel expenses (Note: Travel expenses will only be reimbursed at the
4
12-21
State rate (the rate allowed by the State of California Department of
Personnel Administration); contact your Grant Manager if you need
assistance in identifying applicable rates)
. Used oil collection
o Used oil and used oil filter collection (includes curbside and door-to-
door)
o Certified and non-certified used oil collection center support
o Used oil collection through Household Hazardous Waste (HHW)
Programs, including transportation costs of used oil
o Certified Unified Program Agency (CUPA) inspection fees of Certified
and Non-Certified Used Oil Collection Centers with or without service
bays (regardless of whether used oil is or is not generated as part of
business operations); Grantees can verify whether the billing agency
is a certified CUPA by going to:
www.caleDa.ca.aov/CUPAlDirectorv/default.asDx; CUPA inspection
fees reimbursement must be proportionally related to the percentage of
do-it-yourself (vs. do-it-for-me) used oil generated at the business
o Set up and operation of temporary facilities for one-day or multi-day
HHW collection events where used oil will be accepted
o Hazardous Waste Operations and Emergency Response Standard
(HAZWOPER) 8-hour refresher training course for personnel who are
directly involved with used oil and HHW collection
o Agricultural used oil collection projects
o Marina used oil collection projects
o Airport used oil collection projects
o Construction of Permanent HHW Collection Facility and Antifreeze,
Battery, Oil, and Paint Facility (ABOP) where used oil is accepted -
permanent features, used oil-related equipment and supplies are
eligible
. Re-Refined Oil use for public fleets
o Covers only the cost differential between re-refined and virgin oil and
the cost of promotion to fleet managers
. Re-refined oil for non-fleet (consumer) promotion and distribution
o Grantees must first confirm and document the availability of re-refined
oil for sale in the community at a retail establishment and provide
information to the public on where to purchase the re-refined oil
. Publicity and education materials (refer to the "Publicity and Education
Requirements" section for minimum requirements)
o Purchase and distribution of used oil containers, funnels, shop rags,
coupons
o Other premiums whose cost is less than $20.00 and directly relate to
and/or will be used for used oil and used oil filter collection and
recycling needs and/or will be clearly linked to behavioral change that
leads to an increase in used oil and used oil filter recycling
. Personnel costs for used oil/used oil filter recycling activities
o Training costs directly related to used oil/used oil filter recycling
activities
. Load checking projects related to the identification of used oil
. Indirect or Overhead Costs that do not exceed 10% of the grant funds
5
12-22
reimbursed and are supported with a cost-allocation plan
. Storm water mitigation (refer to the "Storm Water Expenses" section below
for details)
. Additions/modifications that update an existing Grantee Web-page
. Audit expenses for UBG and Opportunity Grant cycles. Time and funds
related to the audit should be described in the current UBG Expenditure
Itemization Summary and must be for an audit of specific cycle(s) of the
UBG and/or Opportunity Grant conducted by CalRecycle, the California
Department of Finance and/or the California State Controller's Office.
Expenses for audits of the Grantee's entire organization, or portions
thereof, which include a review of one or more UBG and/or Opportunity
Grant cycles are not eligible for reimbursement.
Storm Water
Expenses
Since January 2002, some storm water mitigation expenditures are
considered eligible expenses. Storm water mitigation is defined in Public
Resources Code Section 48618.4 to include "...the prevention of storm water
pollution from used oil and oil byproducts and the reduction or alleviation of
the effect of storm water pollution from used oil and oil byproducts by means
of action taken on public property. Mitigation includes the installation of
devices and implementation of practices that prevent used oil and oil
byproducts from causing storm water pollution. Mitigation does not include the
cleanup or restoration of polluted areas".
. Storm water expenses may not exceed 50% of the usa award
. All related storm water expenses such as personnel, publicity and
education, stenciling, and storm water filter purchase/maintenance is
counted towards the 50% cap
. To be eligible, each jurisdiction must self-certify that it has a storm
water mitigation program that has been approved by its local Regional
Water Quality Control Board
. All storm water expenses must be accounted for and reported on the
Expenditure Itemization Summary
The following types of storm drain filters (inserts; debris screens) are
eligible:
. A debris screen that covers the opening to the storm drain inlet; regular
municipal street-sweeping must occur where debris screens are
installed
. A catch basin (street side) inlet insert that does not contain oil
absorbent media
. A catch basin inlet insert that does contain oil absorbent media plus a
debris screen that covers the opening to the storm drain inlet; (the
debris screen prevents debris and sediment from entering the storm
drain and obstructing the oil absorbent media)
. A vertical drop-in parking lot inlet insert that does contain oil absorbent
media (must be covered by a grate or debris screen)
Note: Periodic clean-out of catch basin inlet inserts and replacement of their
oil-absorbent media are eligible for grant funding. However, street sweeping,
6
12-23
Ineligible
Expenditures
parking lot cleaning, and clean-out of catch basin inlets without inserts are not
eligible for grant funding.
Any expenditure that does not support the implementation of used oil and used oil filter
collection programs is ineligible for UBG funding. The activities, products, or
expenditures listed below are specifically identified as ineligible. The ineligible
expenditures include, but are not limited to:
. Costs incurred prior to July 1, 2009, or after June 30,2012
. Costs incurred during the Report Preparation Period (July 1,2012 - August 15,
2012), except for the costs incurred to prepare the Final Report and Final
Payment Request, if any
. Costs incurred during the Grace Period (August 16, 2012 - November. 15,
2012)
. Purchasing or leasing of land or buildings
. Costs currently covered by or incurred under another CalRecycle or CIWMB
loan, grant or contract
. Purchasing or leasing of vehicles by non-governmental agencies
. Remediation (any cleanup or restoration of polluted areas)
. HAZWOPER 40-hour and 24-hour courses
. Enforcement activities
. Profit or mark-up by the Grantee
. Preparation of Household Hazardous Waste elements (HHWE)
. Out-of-State travel
. Developing or customizing school curricula
. Overtime costs/Compensated Time Off (except for local government staffing
during specially scheduled evening or weekend events outside of staffs normal
work hours when law or labor contract requires overtime compensation)
. Any food or beverages (e.g., as part of meetings, workshops, or events)
. Cell phones, pagers, cameras, personal digital assistants, and other similar
electronic devices
. Premiums that contribute to the HHW waste stream
. Transportation & disposal of non-oil HHW from any facility or event
. Equipment, materials, or supplies at HHW or ABOP facilities not directly related
to the collection of used oil and used oil filters
. Any costs not consistent with local, State, or federal laws, guidelines and
regulations
. CUPA fines or penalties
. Travel expenditures that exceed the State rate (for hotel and meal rates, see
http://www.dpa.ca.oov/iobinfo/Short- Term T ravel/Excluded/599 619.shtm for
hotel maximum rates and for Meals and Incidentals)
. Any personnel costs incurred as a result of time an employee assigned to the
project funded by the grant does not work on the project (e.g., use of accrued
sick leave, accrued vacation, etc.)
. Any pre-paid expenditures for future goods or services delivered beyond the
end of the Grant Performance Period (Exemption: The Grant Manager may
consider approving products purchased in full before the end of the Grant
Performance Period but delivered after the Grant Performance Period if the
7
12-24
Overhead/Indirect
Costs
delay is caused solely by the supplier, and not by the Grantee. The Grantee
must request an exemption in writing and receive written pre-approval from the
Grant Manager. In no event may products be delivered after the end of the
Grant Term)
. Fines or penalties due to violation of federal, State or local laws, ordinances, or
regulations
. Costs to maintain an existing HHW program where used oil is not collected
. Developing any type of permanent facility on non-local government-owned
property
. Expenses for audits of the Grantee's entire organization, or portions thereof
that include a review of one or more UBG and/or Opportunity Grant cycles are
not eligible for reimbursement
. Costs deemed by the Grant Manager to be unreasonable or not related to the
purpose of the grant
"~--,
Overhead and indirect costs can be claimed by Grantees. The following guidelines
must be used when claiming these costs:
a) The total cost of overhead and indirect costs charged to the grant shall not
exceed 10% of grant funds reimbursed. These costs are expenditures not
capable of being assigned or not readily itemized to a particular project or
activity, but considered necessary for the operation of the organization and the
performance of the program. The costs of operating and maintaining facilities,
accounting services, and administrative salaries are examples of overhead and
indirect costs. All overhead and indirect costs charged to the grant must be
associated with grant-related activities.
If you are uncertain whether a given cost is considered an
overhead/indirect cost by Ca/Recyc/e, contact your Grant Manager.
b) Costs charged directly to the grant shall not be included in the
overhead/indirect cost formula.
c) Supervision performed by Managers and Supervisors can be included in the
overhead/indirect cost formula; and therefore, will not be a direct charge to the
grant. On the other hand, if a Manager or Supervisor performs an activity that
is directly related to the execution of the grant (not supervision), costs
associated with this activity may be included as a direct charge. Such activity
must be clearly supported by appropriate documentation and shall not be
charged to the grant as overhead or indirect cost.
d) The Grantee must maintain organized and accurate records that follow
generally 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 CalRecycle.
e) The Grantee must have on file an internally approved Cost Allocation Plan
which specifically documents how the overhead rate was established and
which is supported by formal accounting records to substantiate the charges.
8
12-25
The Cost Allocation Plan must be approved by an appropriate
Supervisor/Manager in your agency. The Cost Allocation Plan must identify
program elements included in the overhead/indirect cost calculation. See the
sample "Cost Allocation Plan" calculation listed below:
Total department indirect cost divided by total department direct cost
base equals the overhead/indirect cost rate.
f) If the Grantee utilizes a contractor to administer and/or implement the grant,
then the overhead and indirect costs of such contractor may be charged to the
grant only to the extent that such costs could have been charged by the
Grantee.
~~-
Publicity And
Education
Requirements
Premiums must directly relate to and/or be used for used oil and used oil filter
collection and recycling needs and/or be clearly linked to behavioral change that leads
to an increase in used oil and used oil filter recycling. Premiums must be appropriate
for the target audience durable; and not likely to be disposed of in a short time or
contribute to the waste stream or hazardous waste stream (e.g., any item containing
batteries, mercury, etc.); and not promoting a particular brand-name product or private
business.
For all languages other than English, the Grantee must work with 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 must be submitted with the Final Report. Of
key importance is that the translated material is at a reading level appropriate for its
targeted audience.
Materials or items purchased may be denied full reimbursement if they do not
meet the requirements detailed in this section.
All items/materials, as appropriate, must meet the acknowledgement,
advertising/public education, and recycled-content product requirement as set forth in
the Terms and Conditions, and must include the following:
a) Acknowledgement of CalRecycle funding that reads "Funded by a Grant from
the Department of Resources Recycling and Recovery (CaIRecycle)." 1
Exception: The acknowledgement line is not required on small items (pencils,
magnets, etc.) where space constraints would not allow for this line or if it
would interfere with the message.
b) Specific information on used oil/used oil filter recycling/disposal.
c) A list of used oil collection centers within the targeted community or a
telephone number to call for information on local collection centers. When
locations are listed, include the following language: "Call for hours of
II There are only two acceptable Spanish translations: "Financiado par una beca del Department of
Resources Recycling and Recoveryn or UPatrocinado per fondos del Department of Resources Recycling
and Recovery." For other languages, you must work with a certified translator or person fluent in reading
and writing that language.
9
12-26
Copyright
Requirements
Combining Used
Oil With Other
Environmental
Programs
operation." (Use the 1-800-CLEANUP number [or www.cleanuP.ora website] if
your jurisdiction does not maintain its own 24-hour hotline.)"
d) The "Used Oil Drop" logo with the words "Recycle Used Oil" or
"Recycle Used Oil and Used Oil 'Filters" as appropriate.
The following language must appear on any copyrightable material produced with
CalRecycle grant funds:
Copyright language: @ Copyright {year of creation} by the California Department of
Resources Recycling and Recovery (CaIRecycle). All rights reserved. This
publication, or parts thereof, may not be reproduced without permission from
CalRecycle.
For copyrightable material produced in Spanish, the following language must appear:
@ Copyright {year of creation} the California Department of Resources Recycling and
Recovery (CaIRecycle). Todos los derechos reservados. Esta publicaci6n, 0 partes,
no puede ser reproducido sin permiso de CalRecycle.
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 Grant Manager with specific questions about the applicability
of using the copyright language.
Both storm water and/or HHW recycling programs may be incorporated with the used
oil recycling message on publicity and education (P&E) items. The
funding level for the P&E portion for these programs will be determined on a case-by-
case basis by the Grant Manager. To be eligible for any funding, the proposal must
meet the minimum requirements for Used Oil P&E, and clearly support all of the key
components of the UBG program.
10
12-27
Graphics
.
RECYCLE
U~ED OJ[.
~
...:'. -...:
.. -,
.. .', J
RECYCLE
USED OIL FILTBlS
Recycled-Content
Product
Requirements
Large Equipment
CalRecycle
Acknowledgement
Reporting
Requirements
Graphics are available onCalRecycle's website at:
www.calrecvcle.ca . 0 ov fUsed Oi I/o ra phics/defau It htm#u sedoi I
Use the State colors (blue oil drop on yellow background) on any material produced in
four or more colors. (The color designation for professional printing is Yale Blue-
Pantone 286C; Golden Yellow-Pantone 123C.)
All Grantees must report the percentage of recycled-content material for all products
purchased in the product categories listed below. Grantees must use a separate
Recycled-Content Product Certification Form (CIWMB 74G) for each supplier and
submit them with the Final Report. The form can be found on CalRecycle's website at:
http://www.calrecvcle.ca.oov/Grants/Forms.2
Paper Products
Compost & Co-
Compost
Paint
Tires
Printing & Writing Paper
Glass Products
Solvents
Steel Products
Plastic Products
Lubricating Oils
Tire-Derived
Products
Any exceptions to the above requirements must be pre-approved in writing by the
Grant Manager.
A CalRecycle sticker (bumper sticker size) that displays the "used oil drop" logo
including the text "Recycle Used Oil" and "Funded by a grant from the Department of
Resources Recycling and Recovery (CaIRecycle)" is required to be affixed to all large
pieces of equipment purchased with grant funds. When submitting the Final Report,
the picture of this equipment should include the affixed sticker. CalRecycle has
stickers available at no cost which may be requested from your Grant Manager.
The Grantee must submit an Annual Report for each year of the approved grant
project, as well as a Final Report which, after approval by the Grant Manager, will
enable CalRecycle to close the grant and release the 10% funds withheld. (NOTE: All
forms for the following reports can be downloaded from the CalRecycle website at:
www.calrecvcle.ca.aov/Grants/Forms/) The last Annual Report can also serve as the
Final Report as long as it covers the period from the last Annual Report to the end of
the Grant Performance Period. These reports are described below.
2 For information on minimum recycled-content products, see
www.calrecvcle.ca . aov/BuvRecvcled/StateAaencv /.
11
12-28
Annual Reports
G race Period for
Submittal of
Information to
Complete Reports
Final Report
~-~~~,~~,~~~~~~
Grantees are required to submit an Annual Report (CIWMB Form 644) on August 15th
of each year demonstrating program progress and how they have spent their UBG
funds for the previous fiscal year (July 1,- June 30). Grantees are required to report on
each active UBG in a single Annual Report.
The Annual Report must be filled out using the Online Block Grant Annual
Reporting System (BGR). To access this system go to the following web site:
http://secure.calrecvcle.ca.aov/BGR/Sianin.aspx and sign into the system. All
documents requiring wet signature must be mailed to CalRecycle. Questions
concerning use of this System are to be directed to your assigned Grant Manager.
The report must clearly identify each of the grant cycles and the activities conducted
under each cycle. Grantees that do not show progress toward implementation of a
used oil and used oil filter collection and education program may not receive all or part
of the UBG allocation for the fiscal year beginning on July 1 of the year in which the
Annual Report was submitted. This lack of performance will also be noted if Grantees
apply for future Used Oil and/or HHW grants.
Grantees will lose eligibility for the current grant cycle which began on July 1 if the
grantee fails to submit the completed Annual Report by August 15 or fails to submit any
missing information and receive approval of the completed report during the Grace
Period (August 16 - November 15). No reports will be accepted after August 15. The
Grace Period is only forsubmission of missing information to complete the report and
receive approval of the report. Grantees will not lose their eligibility for subsequent
grant cycles if they submit a completed application during the next cycle's application
period and meet the mandates of the Terms and Conditions and the Procedures and
Requirements of all previous UBG cycles, including submission of all required
completed reports. Grantees will also be required to submit a statement explaining
why they missed the Annual Report deadline and what corrective action they
have taken to ensure future compliance. The corrective action must meet the
approval of the Grant Manager.
The deadline for Annual Reports is August 15 of each fiscal year and the deadline for
the Final Report is August 15, 2012. However, the period from August 16 to
November 15 of each year is a Grace Period during which the Grantee may submit
missing information and receive approval of the Final Report. Expenses incurred by
the Grantee after August 15 will not be eligible for reimbursement.
UBG15 applicants who miss the July 31,2009, application submission date or who
miss the August 31, 2009, date for submission of local government resolutions will not
be eligible for UBG15 but will retain their eligibility for subsequent UBGs if they submit
an Annual Report for all other open UBGs by November 15, 2009, that is approved by
the Grant Manager.
The Final Report is not required to be submitted on a specific form; however, if the
Final Report is done simultaneous with the final/last Annual Report, it can be done on
the Annual Report form. The Final Report must include all of the information and
additional documentation enumerated below. The Final Report covers activities
12
12-29
conducted between the last Annual Report and the end of the Grant Performance
Period. Grantees are encouraged to submit the Final Report early if activities are
completed and all funds are expended before the end of the Grant Performance
Period. Costs incurred for preparation of the Final Report are eligible for
reimbursement at any time during the Grant Term; however, during the Report
Preparation Period (July 1, 2012 - August 15, 2012), costs incurred for preparation of
the Final Report and Final Payment Request, if any, are the only costs that are eligible
for reimbursement. Grants are not considered closed until all the reporting
requirements have been met, all available funding has been expended or returned to
CalRecycle, andlor the grant term has expired.
If an advance was approved and there are any unexpended advanced grant funds
andlor interest accrued (if applicable) at the end of the Grant Term, the Grantee will be
invoiced by CalRecycle (as an Accounts Receivable) for funds due to CalRecycle.
After the Grantee pays CalRecycle any unspent funds owed, CalRecycle will then
release any 10% withhold amount due the Grantee. Note that no extensions will be
given for submittal of the Finat Report.
Additional items to be submitted for the Final Report
1. The last Annual Report Form if the grant is completed by June 30 or a summary of
activities completed since the last August 15 Annual Report if the grant is closed
early.
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 Department of Resources Recycling and Recovery
(CaIRecycle), its employees, or the State of Califomia. The State makes no
warranty, express or implied, and assumes no liability for the information contained
in the succeeding text. "
2. Certified Collection Center Site Visit Checklists (if not submitted previously for the
final reporting period) (CIWMB 665).
3. Recvcled-Content Product Certification Form (RCP) (CIWMB 74G)1 for each item
purchased with grant funds (submit a separate form for each supplier.)
4. Samples of Premiums and Printed Material
a. A digital image of each premium item in a commonly accepted format, and all
final printed publicity and education materials. The photographs of the
premiums must show compliance with requirements of the grant (i.e. oil logo,
"Funded by a Grant from the CaIRecycle". More than one digital image may be
submitted if needed to capture all required components or to accurately
illustrate the item. If compliance with procedures cannot be clearly captured in
a photographic image, then an original copy of the premium item must be
submitted.
b. A PDF copy of graphics is acceptable. The Grant Manager may ask for a copy
of the graphic in its original format.
13
12-30
Payments
Advance Payment
Option
c. Two photographs, from different angles, for large items such as equipment or
structures.
d. A photograph of each event atteiided or conducted (if not previously
submitted).
e. For Regional Programs that have developed printed materials (including item 5
below) with grant funds, only the Regional Lead is required to submit copies of
the materials to CalRecycle; and include information as to who the other
regional participants are. Thus, Grantees participating in the Regional
Program are not each required to submit copies of the materials, but each
Grantee should reference the Regional Program in its Annual Report and
identify the Regional Lead in its report.
5. Samples of Final Television. Video and Radio Ads. A final copy of each ad (if not
previously submitted) in the appropriate media format (DVD format for videos and
CD-Rom for radio ads).
FAILURE TO SUBMIT THE REQUIRED ANNUAL REPORT/FINAL REPORT BY
THE SPECIFIED DEADLINE MAY CAUSE THE GRANTEE TO BE INELIGIBLE FOR
THE CURRENT OR FUTURE UBG CYCLES AND MAY
RESULT IN INVOICING OR TERMINATION OF OTHER OPEN UBG CYCLES.
UBG funds will be disbursed on a reimbursement basis, with only the following
exceptions: the advance payment option is at the Grant Manager's discretion for
Grantees receiving $20,000 or less and for multi-jurisdictional and regional grantees
whose individual jurisdictions would have received $20,000 or less had they applied
individually. The Grant Manager will consider exceptions to the reimbursement policy
for financial hardship situations on a case-by-case basis.
Where advance payment has been approved, UBG recipients will receive 90% of their
UBG award in advance once the Grant Agreement is fully executed and a signed
Grant Payment Request is submitted. Advancement of funds is conditional upon full
repayment of all outstanding UBG funds and interest owed to CalRecycle.
The Grantee will have to incur eligible costs for the 90% advanced and the interest
accrued or return any unspent advanced funds to CalRecycle. If the Grantee does not
incur costs equivalent to the 10% withheld from the overall UBG amount, CalRecycle
will retain the 10% withhold and close the grant.
If the Grantee incurs costs that cover all or part of the 10% withheld, CalRecycle will
reimburse eligible costs. The remaining funds from the overall UBG amount will be
released to the Grantee after 100% of grants funds have been expended and the
Annual Report has been approved by Grant Manager.
Note: CalRecycie will formally invoice (as an Accounts Receivable) anv unspent
advanced arant funds or interest accrued.
14
12-31
I nterest on
Advance
Payments
Reimbursement
Payments
Submittal of
Payment
Requests
,----
--------
Interest earned for each UBG Cycle advance must be tracked and accounted for
separately. Anv unused interest accrued must be returned to CalRecvcle at the end of
the arant term. Grantees should contact their administration and finance office to
establish a process to track and report this interest.
All grant funds where an advance was given to the Grantee must be placed in an
interest-bearing account with a fully insured financial institution. Any interest accrued
and received from this account may only be used for eligible expenses related to the
grant. Interest accrued must be stated on the FINAL Expenditure Itemization
Summary only.
In cases where grant funds are forwarded directly to a contractor for expenditure, the
Grantee is subject to the same requirements pertaining to tracking of accrued interest,
unless the money is spent by the Grantee within 90 days of issuance of the funds to
the Grantee. Therefore, the Grantee is required to impose upon any contractor to
which it entrusts advanced grant funds the obligation to comply with the requirements
of the Grant Agreement regarding interest. The Grantee is ultimately responsible for
all advanced funds and accrued interest thereon.
The Grantee is responsible for ensuring that subcontractors who administer and/or
implement the grant on behalf of the Grantee comply with the terms of this Grant
Agreement.
Most UBG funds will be paid by reimbursement payments. Under this payment
method, CalRecycle retains 10% of the requested amount until the grant is closed out.
The remaining 10% reimbursement payment (withhold amount) will be released to the
Grantee at the conclusion of the grant term once the Grantee has complied with all
grant provisions.
To receive a reimbursement payment, Grantees must submit a completed EIS and
Grant Payment Request Form. Reimbursement pavment reauests must be submitted
no later than December 31.2012. Once reviewed and approved, the payment
reimbursement will be processed. Grantees may request up to four reimbursement
payments per year, per cycle, and no less than one per year, per cycle. Exceptions to
this schedule must be pre-approved in writing by your Grant Manager.
Required Documents and Format for Payment Request
A complete payment request must include the following items in the order listed in
addition to a brief narrative that explains for what activities the expenses were
incurred, if the payment request is not submitted with the Annual Report. (The Grant
Manager may require additional narrative to fully understand the nature of the
expenditures.)
1. Grant Payment Request Form (CIWMB 87) - This form must be signed by
the individual authorized by the resolution.
2. Expenditure Itemization Summary (CIWMB 667 or Grantee's own version) -
All expenditures must be itemized and arranged by the Reporting and
Expenditure Categories. (See the "Expenditure Itemization Summary" section
below.)
15
1 2-32
Expenditure
Itemization
Summary (EIS)
3. Personnel Expenditure Itemization Summary (CIWMB 165) - Only
applicable to contractors and Grantee's staff.
Note: All expenditures must be accompanied by documentation that describes the
EIS categories for which the funds were spent, when they were spent, who did the
work or spent the funds and the invoice numbers associated with the spent funds.
Please contact your Grant Manager for approval if you intend to provide some other
form of supporting documentation.
Grantees are required to submit the EIS Form (CIWMB 667) covering expenses for the
previous fiscal year (July 1 - June 30) by grant cycle or for any period in which
expenses were incurred. Please contact your Grant Manager for pre-approval if
you intend to provide some other form of supporting documentation.
Use the reporting and expenditure categories listed below when preparing the EIS.
Only directly applicable eligible expenses should be included. Summarize all of the
expenses that were incurred by grant cycle over the 12 month reporting period and use
only the categories that are applicable to the Grantee's grant program, including
personnel costs related to that task(s). For each category, identify the related tasks
and expenses. If there is more than one invoice from a company, list them separately
on the EIS. Include invoice numbers.
Permanent Collection Facilities -Includes eligible expenses for collection centers,
PHHWC and ABOP facilities. Do not include publicity and education or oil containers
in this category.
Temporary or Mobile Collection - Eligible expenses for temporary events at an
established facility, and mobile events.
Residential Collection - Curbside or door-to-door collection of used oil and used oil
filters.
Load Checking Program - Inspection of loads for used oil at solid waste landfills or
transfer stations.
Publicity and Education - All eligible publicity, public education, and community
outreach events (except those related to storm water education).
. A partial list of examples includes newspaper ads; radio
spots; public service announcement TV spots; flyers;
brochures; door hangers; utility bill inserts; billboards;
collection center handouts (such as "shelf talkers"), and
premiums.
. Material/supply expenses for community events and school presentations
should be included in this category.
. Local government personnel expenses should be placed into the
Personnel/Other category.
16
12-33
Personnel
Expenditure
Itemization
Summary
(PES)
Supporting
Documentation for
Expenditures
Ten Percent
Withhold
EIS Certification - The EIS MUST include the following certification:
"I certify under penalty of perjury, under the laws of the State of California, that the
above information is correct and that all funds received have been expended in
accordance with the Used Oil Recycling-Block Grant."
The certification MUST be dated and signed by the Signature Authority specified in the
Grantee's resolution. An EIS received without the sianed certification will not be
approved.
~_._--
->>-~-
W_~~"'''=~"'_
A Personnel Expenditure Itemization Summary (CIWMB 165) for Grantee staff as
well as contractors or an equivalent form must be submitted to document all grant-
related personnel costs. In consideration of the sensitivity of the data that may be
contained on the payroll journal/register, personnel time logs, or copies of timesheets,
a Grantee may not want to submit these forms to CalRecycle. As an alternative, the
Grantee may submit the PES or equivalent form with two signatures (Signature
Authority and/or staff from the Personnel or Accounting Office) verifying the information
is accurate. Grantees must retain payroll journals/registers and personnel time
logs/timesheets for audit purposes.
Please contact your Grant Manager if you have any questions.
Documentation for all expenditures claimed on the Grant Payment Request must be
retained by the Grantee for a minimum of three years after closeout of the grant term
for audit purposes. (See Audit/Records Access section of the Terms and Conditions
Exhibit A.)
Retain the original documents at your office. Types of acceptable documentation
include but are not limited to:
. Invoices that include vendor's name, telephone number, and address; a
description of goods or services purchased, amount due, and date; invoices
must be accompanied by proof of payment (e.g., copies of cancelled checks)
. Receipts that include the same information as invoices
· Purchase orders that include the same information as invoices; purchase
orders must be accompanied by proof of payment (e.g., copies of cancelled
checks)
. Personnel Expenditure Summary Form (CIWMB 165 or your own version if
pre-approved) that documents actual time spent on grant-related activities
. Travel Expense Form (CIWMB form or your own version) that documents
costs related to travel and includes supporting documentation
. Samples of all publicity and education materials purchased or developed with
grant funds
. Proof of Payment (e.g. copies of cancelled checks and/or documented
payment within the financial records)
Ten percent of grant funds will be withheld from each Grant Payment Request and
paid at the end of the grant term when all reports and conditions, stipulated in the
Grant Agreement, have been satisfactorily completed. For Grantees with
reimbursement grants, the 10% withhold will be released when Final Report has been
17
12-34
approved by the Grant Manager. For Grantees who have received Advance
Payments, the 10% withhold will be released when the Grant Manager has approved
the Final Report and verified through documentation submitted by the Grantee that
100% of the advanced grant funds and any earned interest have been expended.
----_.~.
Audits
Documentation and a clear audit trail are essential to grant management.
The Grantee agrees to maintain records for a possible audit for a minimum of three
years after final payment or grant term end date, whichever is later, unless a
longer period of records retention is stipulated, or until completion of any action and
resolution of all issues which may arise as a result of any litigation, dispute, or audit,
whichever is later.
Examples of audit documentation include, but are not limited to, expenditure ledger,
payroll register entries, time sheets, personnel expenditure summary form, travel
expense log, paid warrants, contracts and change orders, samples of items and
materials developed with grant funds, invoices and/or canceled checks.
Refer to the Terms and Conditions (Exhibit A) for more information.
18
12-35
RESOLUTION 2010-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ACCEPTING AND APPROPRIA TING $77,694 IN
UNANTICIPATED REVENUES AWARDED TO THE CITY OF CHULA
VISTA, AS THE LEAD AGENCY FOR THE REGIONAL USED OIL AND
OIL FILTER RECYCLING PROGRAM FROM THE DEPARTMENT OF
RESOURCES RECYCLING AND RECOVERY'S USED OIL RECYCLING
BLOCK GRANT FOR 2010, 15TH CYCLE AND AMENDING THE FY
20) 0 WASTE MANAGEMENT AND RECYCLING HJND BUDGET
WHEREAS, the California Used Oil Enhancement Act (1999) [Act] requires the
collection of four cents for every quart of lubricating oil sold, transferred and imported into
California from oil manufacturers; and
WHEREAS, Chula Vista consumers pay four cents per quart into the fund when they
purchase oil; and
WHEREAS, the Act mandates that the California Integrated Waste Management Board
[CIWMB] use a portion of the funds to provide block grants to local governments for used oil
programs that encourage used oil and oil filter recycling; and
WHEREAS, Chula Vista is the lead agency for the Regional Used Oil Recycling Program
for the San Diego County cities ofChula Vista, Imperial Beach, National City, Lemon Grove, La
Mesa, EI Cajon and Santee; and
WHEREAS, the program targets regional watershed protection issues that affect all the
cities that share watershed areas; and
WHEREAS, the primary purpose of this block grant is to provide alternatives to illegal
disposal of used motor oil through a network of collection opportunities and outreach efforts
designed to inform and motivate the public to recycle used oil; and
WHEREAS, this grant will provide continued technical assistance and new supplies for
approximately seventy (70) free used oil recycling drop-off centers and curbside collection
programs; and
WHEREAS, the public education component will allow the City to continue to provide
advertising, portable displays, point of purchase displays, the Used Oil Hotline, billing inserts,
bottles, funnels, or drain pans; and
WHEREAS, this will also allow staff to have a booth at the various car shows, public
events, and auto part stores throughout the South Bay, reaching out to our target audience, the
"Do It Y ourselfers."
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby accept and appropriate $77,694 in unanticipated revenues awarded to the City
12-36
of Chula Vista, as the lead agency for the Regional Oil Recycling Program, from the California
Department of Resources, Recycling and Recovery's Used Motor Oil Recycling Block Grant
tor 2009-2010, 15th Cycle.
BE IT FURTHER RESOLVED that the City Council does hereby amend the FY 2010
Waste Management and Recycling Fund Budget.
Presented by
Approved as to fonn by
Richard Hopkins
Director of Public Works
~c:;~
Bart Miesfeld ~
City AttorneyD L f"V7 Y
12-37