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HomeMy WebLinkAbout2011/02/08 Item 4TY COUNCIL STATEMENT ~~t~i ciTV of '-'~` CHULA VISTA 2/8/11, Item ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF CALRECYCLE 18r" CYCLE FISCAL YEAR 2010/2011 WASTE TIRE ENFORCEMENT GRANT APPLICATION IN PARTNERSHIP WITH THE CITY OF SAN DIEGO-SOLID WASTE LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSE OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE PURPOSE SPECIFIED GRANT SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ' ASSISTANT DIRECTOR OF ENGINE REVIEWED BY: CITY MANAGER ASSISTANT CITY ANAGER G~ 4/STHS VOTE: YES ^ NO SUMMARY In 1989 the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires. The California Integrated Waste Management Board, now CalRecycle, was charged with responsibility for fire pile stabilization and remediation where public health and safety and the environment maybe at risk Consequently, CalRecycle adopted regulations to establish and enforce waste Cire storage standards. CalRecycle has delegated the responsibility for the administration of the enforcement, compliance and surveillance activities at waste fire facilities to local solid waste enforcement agencies and cities and counties. To ensure a stable source of funding for these activities, CalRecycle provides anon-competitive Waste Tire Enforcement Grant program. The City of San Diego-Solid Waste Local Enforcement Agency (LEA) is the lead agency for this program in San Diego County and Chula Vista, Imperial Beach and National City are partnering with San Diego to apply for the 18`x' cycle grant funds. This is the third year Chula Vista has participated in this program. ENVIRONMENTAL REVIEW Not applicable. 4-1 2/8/11, Item Page 2 of 3 RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. DISCUSSION California is faced with the significant challenge of diverting or safely managing more than 40.2 million reusable or waste tires generated each year. It is estimated that 1.5 million waste tires have been illegally dumped or stockpiled. These stockpiles pose a potential threat to public health, safety and the environment. In 1990 the Califomia Legislature enacted comprehensive requirements for the storage and disposal of waste tires. CalRecycle was charged with responsibility for fire pile stabilization and remediation where public health and safety and the environment may be at risk. Consequently, CalRecycle adopted regulations to establish and enforce waste fire storage and handling standards. Public Resources Code 42961.5 required CalRecycle to develop a "California Uniform Waste and Used Tire Manifest" system. Its purpose is to provide accountability for monitoring the movement of waste and used tires loads generated and transported within California. Discrepancies are actively investigated and if necessary regulations are strictly enforced. The maximum civil penalties for violations of the waste fire handling and manifesting requirements is $25,000 per violation per day as described in Public Resources Code Section 42962, and administrative penalties are $5,000 per violation per day. CalRecycle has delegated the responsibility for the administration of the enforcement, compliance and surveillance activities at the waste fire facilities to local solid waste enforcement agencies. The central objective of facility, site and hauler inspections is to achieve compliance through oversight and education Co the greatest extent possible and to provide accurate information for entry into statewide database. Inspections may be performed by CalRecycle staff or by waste fire enforcement grantees. To ensure a stable source of funding for these activities, CalRecycle provides anon-competitive Waste Tire Enforcement Grant Program. Each year there is approximately six million dollars available for the grant program. Eligible applicants may request up to a total of $300,000. To be eligible for grant money the application must have 50 or more waste fire sites in its jurisdiction and must be one of the following: 1. A local Enforcement Agency 2. An Environmental Health Agency 3. A Code Enforcement Agency The City of San Diego Local Enforcement Agency has been operating a Waste Tire Enforcement program for some Cime. The cities of Chula Vista, National City and Imperial Beach do not meet all the eligibility requirements to apply For the funding on their own therefore, the City of San Diego invited the South Bay jurisdictions to partner with San Diego for this round of granC funding. City of San Diego Local Enforcement Agency staff performs the initial inspections and follow-up inspections for all waste fire facilities and sites. In the event of anon-compliance issue 4-2 2/8/11, Item Page 3 of 3 City of San Diego staff notifies the partner jurisdiction and CalRecycle. Enforcement activities are then pursued at the local level.. 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 187042(a)(1) is not applicable to this decision CURRENT YEAR FISCAL IMPACT There is no impact to the general fund as a result of applying for and accepting this grant and implemeuting the work; no matching funds are required. ONGOING FISCAL IMPACT There is no impact to the general fund as a result of applying for and accepting this grant and implementing the work, no matching funds are required. ATTACHMENTS CalRecycle 18'x' Cycle Waste Tire Enforcement Grant Program Terms and Conditions and Procedures and Requirements. Prepared by.' Lynn France, Environmental Services Program Manager & Manuel Merlrano, Recycling Spectalasi Il, PubLtc Works Department K:IPUBLIC WORKSIAGENDAICAS20/ 1102-OS-1 [ 12011 Tire Grant Council reportREV doe 4-3 EXHIBIT A TERMS AND CONDITIONS Waste Tire Enforcement Grant Program Fiscal Year 2010/11 (Cycle 18) This grant may not be fimded unless the proposed Grantee meets the following two conditions: 1) The proposed Grantee must pay or bring current all outstanding debts or scheduled payments owed to the Department of Resources Recycling and Recovery within ninety (90) days from the date of the grant award. The Grant Agreement will not be released by CalRecycle Lentil all outstanding invoices have been paid. 2) The proposed Grantee must complete, sign, and rehun the Grant Agreement within ninety (90) days from the date recorded ou 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. • "Executive Director" means the Executive Director of CalRecycle 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 fiends pursuant to this Agreement. • "Program" means the Waste Tire Bnforcement Grant Program. • "State" means the State of California, including, but noC limited to, CalRecycle and/or its designated officer. 1. ACKNOWLEDGEMENTS The Gtzntee shall acknowledge CalReeycle's support each time projects fimded, in whole or in part, by this Agreement are publicized in any medium, including, but not limited to, news media, brochures, or other types of promotional materials. The acknowledgement of CalRecycle's support must incorporate CalRecycle logo. Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from Che 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 language in newly pointed or generated materials. 2. ADVERTISING/ PUBLIC The Grantee shall submit copies of all draft public education or advertising EDUCATION 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 Califonia Department of Resources Recycling and Recovery (CalRecycle). A]1 rights reserved. This publication, or parts thereof, may not be reproduced without permission from CalRecycle." 3. AIR OR WATER Under the State laws, the Grantee shall not be: POLLUTION VIOLATION 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; revised 3/232010 -Competitive T's 8 C's 4-4 b. Subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or c. Finally determined to be in violation of provisions of federal law relating to air or water pollution. 4. AMENDMENT NO am 11 be Vahd unless endment or variaho^ of the terms of this Agreement sha made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph. __ _ _ _ _ 5. AMERICANS WITH The Grantee assures the Stale that it complies with the Americans with DISABILITIES ACT 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 (G2 U.S.C. § 12101 et seq.) 6. ASSIGNMENT, g y g d by the Grantee, either in whole or in a. This A reement ma not be asst ne suCCESSORS AND part, without CalRecycle's prior written consent. AssIGNS 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. 7. AUDIT/RECORDS The Grantee agrees that CalRecycle, the Department of Finance, the Bureau of Access State Audits, or their designated representative(s) shall have Che right to review and to copy any records and supporting documentation pertaining to the perfonnauce 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 Cemi end date, whichever is latex, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may aeise 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 arty contract or subcontract related to performance of this Agreement. (You ntay fired i[ helpful to share the Terms erred Conditions erred Procedures and Requirements with yourfinance department, contractors and subcorttraclors. Examples of audit documentation include, but m~e root limited to: zcpenditure ledger, payroll register entries and time sheets, personnel expenditure summery form, travel expense tog, paid warrants, contracts, change orders, irrvoices, and/or cancelled checks.) 8. AUTHORIZED The Grantee shall continuously maintain a representative vested with signahire REPRESENTATIVE authority authorized to work with CalRecycle on all grant-related issues. The Grantee shall, at all times, keep the Grant vlanager informed as to the identity and contact information of the authorized representative. B. AVAILABILITY OF FUNDS ___ __ CalRecycle's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant. ------------------------------- ------- 1 O. CHILD SUPPORT ----------------- For any agreement in excess of $100,000, the Grantee acknowledges that: COMPLIANCE ACT a. The Grantee recognizes the importance of child and family support obligations and shall fitily comply with all applicable state and federal laws _ relatin~to child and family support enforcement, meluding but not limited revised 3/23/2070-CompetiGVe T's 8 Cs 4-5 to, disclosure of infomtation 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. 11. coMMUwcATioNS All communications from the Grantee to CalRecycle shall be directed to the Grant Manager. All notices, including reports and payment requests, required by this Agreemett 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, peepaid mail or persona] delivery to the Grant Manager is required following the E-mail or FAX. 'I Z. COMPLIANCE The Grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and petinits. 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 fiords 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. With each Payment Request (CalRecycle 87), the Grantee's signature authority shall either initial and certify under penalty of perjury that the Grantee's General Checklist of Permits, Licenses, and Filings (CalRecycle 669) on file with CalRecycle is current and complete, or submit an updated General Checklist of Permits, Licenses, and Filings (CalRecycle 669) available at: www.calrecvcle.ca.2ov;Cirants Forms'CalRecvcle669.doc . 13. CONFLICT OF INTEREST 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) § 10410): a. No officer or employee shall engage in any employment, activity, or enterprise from which Che officer or employee receives compensation or has a financial interest and which is sponsored or fimded 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 § 10411): a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of [he 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 lefr state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in apolicy-making position in the same general subject area as the proposed contract within the twelve month peuod prior to hts or her leaving state service. revised 3/23/2010- Competitive T's & C's 4-6 If the Grantee violates auy provisions of above paragraphs, such action by the Grantee shall render this Agreement void. (PCC § 10420). 14. CONTRACTORS/ The Grantee will be entitled to make use of its own staff and such contractors SUBCONTRACTORS and subcontractors as are mutually acceptable to the Grantee and CalRecycle. Airy 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 airy 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 paymenCS to the Grantee. As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor. 15. COPYRIGHTS AND a. To the extent the Grantee shall have the legal right to do so, Grantee shall TRADEMARKS 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 Crademark of such materials. Grantee shall require that ifs 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 Co 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 Executive Director's sole discretion, written consent to the Grantee to retain all or any part of the ownership of these rights. b. CalRecycle hereby grants to the Grantee aroyalty-free, nonexclusive, nontransferable world-wide license to reproduce, translate, and distribute copies of the copyrightable materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so ou 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 __ -._ -_ revised 3/23/2010-Competitive T's & C's 4-7 (CalRecycle). Used pursuant to license granted by CalRecycle. All rights reserved. This publication, or parts thereof, may not be reproduced without permission." 16. CORPORATION When work under [his Agreement is to be performed in Califomia by a QUALIFIED DOING corporation, the corporation shall be in good standing and currently qualified to BUSINESS IN do business in the State. "Doing business" is defined in Revenue and Taxation cauFORwa Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. - 17. DISCLAIMER OF CalRecycle makes no warranties, express or tmplied, tncluding wtthout wARRANTV limitation, the implied warranties of merchantability and fitness fox 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 fiords. In no event shall CalRecycle be liable for special, incidental or consequential damages arising from [he use, sale or distribution of airy materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement. 18. DISCRETIONARY The Executive Director shall have the right to terminate this Agreement at his or TERMINATION her sole discretion at any Circe 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 al] grant fiords expended up to and including the date of termination; and, c. Reimburse CalRecycle for any unspent funds. 19. oisPUTES Unless otherwise instructed by the Grant Manager, the Grantee shall continue with its responsibilities under this Agreement during any dispute. 20. DRUG-FREE The person signing this Agreement on behalf of CheGrantee certifies under WORKPLACE penalty of perjury under the laws of Califomia, that the Grantee will comply with cERTiFicanoN the requirements of the Drug-Free Workplace Act of 1990 (GC § 8350 et seq.) and will provide adrug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawfiil manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions thae will be taken against employees for violations. b. Establish adrug-free awareness program to inform employees about all of the following: (1) the dangers of drug abuse in the workplace, (2) the Grantee's policy of maintaining a dmg-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 thaC each employee who works on the grank (1) receive a copy of the drug-free policy statement of the Grantee, and (2) agrees to abide by the teems of such statement as a condition of employment on the grant. 21. EFFECTIVENESS OF This Agreement is of no force or effect until signed by both parties. AGREEMENT ....... revised 3/23/2010 -Competitive T's & C's 4-8 22. ENTIRE AGREEMENT This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together wifli all attachments hereto, contains the entire Agreement of the parties. 23. ENVIRONMENTAL In the performance of this Agreement, the Grantee shall conduct its programs, ~usTlcE policies, and activities that substantially affecC human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of Che State. 24. EXPATRIATE The person stgning this Agreement on behalf of the Grantee certifies under CORPORATIONS penalty of perjury tinder the laws of California, that the Grantee is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 25. FAILURE TO PERFORM CalRecycle will benefit from the Grantee's full compliance with the terms of this AS REQUIRED BY TNIS Agreement only by the Grantee's: AGREEMENT a. [nvestigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycling of wastes; or b. Cleanup of the environment; or c. Enforcement of solid waste statutes and regulations, as applicable. Therefore, the Grantee shall be in compliance with this Agreement only if the work it performs results in; a. Application of information, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste; or b. The cleanup of the environment; or c. The enforcement of solid waste statutes and regulations, as applicable. If the GranC Manager determines thaC the Grantee has not complied with the Grant Agreement, the Grantee may forfeit the tight to reimbursement any grant fords not already paid by CalRecycle, including, but not limited to, the ten percent (10%) withhold. 26. FARCE MAJEURE 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 caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or ocher contingencies unforeseen by CalRecycle or the Grantee, i[s contractors, vendors, or subcontractors, and beyond the reasonable control of such party. 27. FORFEIT OF GRANT If grant fi.mds are not expended, or have not been expended, itr accordance with FUNDS/REPAYMENT OF this AgreemenC, or if real or personal property acquired with grant fiords is not FUNDS IMPROPERLY being used, or has not been used, for grant purposes in accordance with this EXPENDED Agreement, the Executive Director, at his or her sole discretion, may take appropriate action tinder this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to CalRecycle any funds improperly expended. 28. GENERALLY ACCEPTED The Grantee is required [o use Generally Accepted Accounting Principles in AccouNTwD documenting all grant expenditures. PRINCIPLES revised 3/23/2010-Campeflfive T's 8 C's 4-9 __ _. - 29. GRANT MANAGER'S The Grant Manager does not have the authority Co approve any deviation from or AUTHORITY 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). d accountable for the manner in which 30. GRANTEE The Grantee is ultimately responstble an ACCOUNTABILITY 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 fiords are owed to CalRecycle, the Grantee is responsible for repayment of the funds to CalRecycle. 31. GRANTEE'S The Grantee agrees to indemnify, defend and save harmless the State and INDEMNIFICATION AND CalRecycle, and their officers, agents and employees from any and al] claims and DEFENSE OF THE losses accnting or resulting fo any and all contractors, subcontractors, suppliers, STATE laborers, and any other person, firm or corporation fitrnishing 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. 32. GRANTEE'S NAME A written amendment is required to change the Grantee's name as listed on this CHANGE Agreement. Upon receipt of legal 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. 33. NAnoNAL The person signing this Agreement on behalf of the Grantee certifies under LABORRELATIONS penalty of perjury that no more than one final unappealable finding of contempt BOARD CERTIFICATION of court by a federal court has been issued against the Grantee within the immediately preceding two-year period because of the Grantee's failure to comply with an order of a federal court which orders the Grantee to comply with an order of the National Labor Relations Board. (Not applicable to public entities.) - 34. NO AGENCY The Grantee and the agents and employees of Grantee, in the performance of this RELATIONSHIP Agreement, shall act in an independent capacity and not as officers or employees CREATED/ or agents of CalRecycle. .INDEPENDENT CAPACITY _,,.,,. ,,,,, __. ~ 35. NO WAIVER OF RIGHTS rights under this Agreement CalRecycle shall not be deemed to have waived any unless such waiver is given in writing and signed by CalRecycle. No delay or omission on the part of CalRecycle in exeroising 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 CalReeycle'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 CalRecycle'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 _._ _. _. _. revised 3/23/2010-Competitive Ps & C's 4-10 36. NoN-DiSCRimiNAnON a. During the performance of this Agreement, Grantee and its contractors shall CLAUSE no[ unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in Government Code §§ 12900 et seq. b. The person signing this Agreement on behalf of the Grantee certifies under penalty of perjury under the laws of California that the Grantee has, unless exempted, complied with the nondiscrimination program requirements (Government Code § 12990(a-f)) and California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.) 37. OWNERSHIP OF The State shall have separate and independent ownership of all drawings, design DRAWINGS, PLANS, plans, specifications, notebooks, tracings, photographs, negatives, reports, AND SPECIFICATIONS findings, recommendations, data, software, and memoranda of every description or any part thereof, paid for in whole or in any part with grant fimds. 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 fiill right to use said copies in any manner when and where it may determine without any claim to additional compensation. 38. PAYMENT a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Work Plan, if applicable, which is attached hereto and incorporated herein by this reference. CalRecycle shall reimburse the Grantee for only the work and tasks specified in the Work Plan or the Grant Application at only those costs specified in the Budget and incurred in the terns of the Agreement. b. The Grantee shall carry out the work described on the Work Plan or in the Grant Application in accordance with the approved Budget, and shall obtain the Grant Manager's written approval of any changes or modifications to the Work Plau, approved project as described in the Gran[ Application or the approved Budget prior to performing the changed work or incurring the changed cosC. If the Grantee fails to obtain such prior written approval, the Executive Director, at his or her sole discretion, may refuse to provide fimds to pay for such work or costs. o, The Grantee shall request reimbursement in accordance with the procedures described in the Procedures and Requirements. d. Ten percent (10%) will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the Grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such fimds withheld pursuant to CalRecycle's ten percent (10%) retention policy. e. Lodgings, Meals and Incidentals: Grantee's Per Diem eligible costs are limited W the amounts authorized in the California State Administrative Manual (contact your Grant Manager for more information). f. Payment will be made only to the Grantee. g. Reimbursable expenses shall not be incurred unless and until the Grantee receives a Notice to Proceed as described in Exhibit B -Procedures and Requirements. 39. PERSONAL The Grantee consents to personal jurisdiction in Che State of California for al] JURISDICTION proceedings concerning the validity and operation of this Agreement and the performance of the obhgatrons tmposed upon the parties. Native P.tnertcan revised 3/23/2010 -Competitive T's 8 C's B 4-11 Trrbal Grantees expressly wane tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. 4O. PERSONNEL COSTS If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant fiords 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). 41. REAL AND PERSONAL a Al] real and personal property, including egmpment and supplies, acquired PROPERTY ACQUIRED with granC funds shall be used by the Grantee only for the purposes for which WITH GRANT FUNDS CalRecycle approved their acquisition for so long as such property is needed for such purposes, regardless of whether the Grantee continues Co receive grant funds from CalRecycle for such purposes. In no evenC 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 al] real and personal property acquired with grant funds, including al] equipment and supplies, shall vest upon acquisition in the Grantee. The Grantee may be required to execute all documents required to provide CalRecycle with a 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 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 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. e. The Grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant fttnds to any other entity without the express authorization of CalRecycle. d. CalRecycle will not reimburse the Grantee for the acquisition of equipment Chat 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. hr 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. 42. RECYCLED-CONTENT The Grantee shall certify the minimum, if not the exact, percentage of CERTIFICATION postconsumer and secondary material in the products, materials, goods, and supplies purchased with grant funds. This certification shall be peovided Co CalRecycle on the Recycled Content Certification Form (CalRecycle 74G) available at www calrecvcle.ca.eov!Grants(Forms/CalRecvcle074G.doc. Q$. RECYCLED-CONTENT All documents submitted by the Grantee must be printed double-sided on PAPER recycled-content paper containing one hundred percent (100%) post-consumer (PC) fiber. Specific pages containing ful] color photographs or other ink- intensive graphics may be printed on photographic paper. revised 3/23/2010 -Competitive T's 8 C's 4-12 44. RECYCLED-CONTENT Lt the perfomtance of this Agreement, for purchases made with grant funds, the PRODUCT Grantee shall purchase recycled-content products (RCP), as defined by the State PROCUREMENT Agency Buy Recycled Campaign (SABRC) minimum recycled content requirements see www.calreev~lt caeov/Huy Rceyely 1St rteA[~encv%. If the Grantee cannot purchase RCPs, the Grantee must document why it was unable to comply with this requirement and request written pre-approval from its Grant Manager to deviate from this policy. 4S. REDUCTION OF WASTE 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 [he practice of other waste reduction measures where feasible and appropriate. 46. REDUCTION OF WASTE Unless otherwise provided for in this Agreement, in the performance of this TIRES Agreement, for all purchases made with grant fiords, 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 fire materials used during the perfotmance of this AgreemenC to the Grant Manager. 47. REMEDIES Unless otherwiseexpressly 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. 48. SELF ASSESSMENT The Grantee shall submit with its Final Report a completed and signed Self CNECKUST Assessment Checklist Form, which is designed to aid the Grantee and CalRecycle in measuring compliance with grant administrative requirements. 49. sevERASiurv If any provisions of this AgreemenC are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement To the fiill extent, however, that the provisions of such applicable law maybe 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. 50. SITE ACCESS 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 perfontiance 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. _._ _. __ 51. STOP WORK NOTICE Immediately upon receipt of a written notice from the Grant Manager to stop work, the Grantee shall cease al] work under this Agreement. 52. TERMINATION FOR CalRecycle may terminate this Agreement and be relieved of any payments enusE should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, 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 fiords retained pursuant to CalRecycle's fen percent (l0`%) retention policy. 53. nME is of THE Time is of the essence to this Agreement. ESSENCE revised 3/23/2070 -Competitive T's & C's 10 4-13 54. ToLUNC of sraruTE The statute of limitations for bringing any action, administrative or civil, to OF LIMITATIONS 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 Executive Director and/or the Board. .......... 55. UNION ORGANIZING By signing this Agreement, the Grantee hereby acknowledges the applicability of Government Code §§ 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that: a. No grant fimds 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 Genera] upon request. 56. UNRELIABLE u5T 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, Nahtral Resources, Division 7, has occurred with respect to the connactor(s). See hho:i'~~~~ww,caheescom to access the referenced regulation. If a contractor is placed on CalRecycle Unreliable List after award of this Grant, the Grantee may be required to terminate that contract. 57. VENUE/ CHOICE OF a. All proceedings concerning the validity and operation of this Agreement and LAW 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 venae. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. b. The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. 58. WAIVER OF CLAIMS The Grantee agrees to waive all claims and recourse against the State, its AND RECOURSE officials, officers, agents, employees, and servants, including but not limited to, AGAINST THE STATE 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. 59. woRK PROOUCrs The Grantee must pto~ Ide CalRecycle with copies of all final products identified in the Work Plan. 60. WORKERS' ntee is aware of Labor Code section 3700, which requires every The Gra COMPENSATION/ employer to be insured against liability for Worker's Compensation or to LABOR CODE undertake self-insurance in accordance with the Laboc Code, and the Gtzntee affirms to comply with such provisions before commencing the performance of the work of this Agreement. revised 3/23/2010 -Competitive T's 8 C's tt 4-14 EXHIBIT B PROCEDURES 8~ REQUIREMENTS Waste Tire Enforcement Grant Program 18t" Cycle -FISCAL YEAR (FY) 2010/11 Table of Contents General Information ........................................................................................................................2 Introduction ........................................................................................................................... ....... 2 ....................................................... . Reliable Contractor Declaration ............................................................................................ .......2 Grant Term, Grant Performance Period, and Report Preparation Period ............................. .......2 Tentative TEA 18 Dates ........................................................................................................ .......3 Work Plan and/or Budget Changes ....................................................................................... .......3 Performance Reports ............................................................................................................. .......4 Payment Requests and Supporting Documentation .............................................................. .......4 Personnel Hours .................................................................................................................... .......7 Hourly Labor Rate ................................................................................................................ ....... 7 Grant Closeout ...................................................................................................................... .......8 Termination or Suspension of Grant or Payments ...........................:.................................... .......9 Grant Related Documents, Retention, Audits, Records Access, and Waiver of Personal Jurisdiction ............................................................................................................................ ....... 9 Grantee Contacts and Information ........................................................................................ .......9 Task #1 -Inspections ................................................................................................................ .....10 Task #2 -Enforcement ............................................................................................................. .....13 Task #3 -Outreach ................................................................................................................... .....13 Task #4 -Grantee Training ...................................................................................................... .....14 Task #5 -Grant Management ................................................................................................... .....15 Task #6 -Equipment, Materials and Supplies .......................................................................... .....15 Task #7 -Transportation .......................................................................................................... .....16 Exhibit B -Procedures and Requirements -TEA 18 Page 1 of 19 4-15 General Information Introduction The Procedures and Requirements (Ps&Rs) are incorporated by reference as Exhibit B to the Grant Agreement for the Fiscal Year (FY) 2010/11 Waste Tire Enforcement Grant Program (Grant). The Ps&Rs describe eligible and ineligible activities and costs, reporting requirements and due dates, payment request processes, and other fiscal and administrative procedures and requirements. All eligible Grant activities must be in conformance with all applicable sections of the Public Resources Code and Title 14 of the California Code of Regulations, and must be consistent with the Work Plan and Budget, which are incorporated by reference as Exhibits C and D, respectively, to the Grant Agreement for the FY 2010/11 Grant. Reliable Contractor Declaration A _~_~a l~L_d.l:_a T.~.--~/1~..1D _1_CA 1\ t Prior to authorizing a contractor(s) to commence work under this Grant, the Grantee shall submit to the CalRecycle 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 www.calre~ to read the referenced Section of Title 14. Note: CalRecycle will not reimburse Grantees for services rendered by contractors for which no Reliable Contractor Declaration was submitted prior to commencement of work. Grant Term, Grant Performance Period, and Report Preparation Period The Grant Performance Period begins on the date indicated in the Notice to Proceed letter that the Grantee will receive from CalRecycle. Eligible Grant expenditures may start no earlier than the indicated date, which will be no earlier than June 30, 2011. In all cases, all eligible Program costs must be incurred no later than June 29, 2012. Exhibit B -Procedures and Requirements -TEA 18 Page 2 of 19 4-16 The Grant Term starts on the same date as the Grant Performance Period and ends on September 28, 2012, the date the Final Performance Report and Payment Request are due to CalRecycle. The period between June 30, 2012, and September 28, 2012, is referred to as the Report Preparation Period. Costs incurred to prepare the Fina[ Performance Report and Payment Request are the only costs that are eligible for reimbursement during the Report Preparation Period Tentative TEA 18 Dates Date i Activity Date indicated in TEA 18 eligible activities and expenditures may begin. (Date ~ Notice to Proceed letter will be no earlier than June 30, 2011.) from Ca1Rec cle ~ March 30, 2012 Mid-Year Performance Report and Payment Request, with su ortin documentation, due to Ca1Rec cle. June 29, 2012 Grant Performance Period Ends -all eligible costs must be incurred b this date. See the followin exce lion. June 30, 2012 through , This period is referred to as the Report Preparation Period. Costs September 28, 2012 incurred to prepae the Final Performance Report and Final Payment Request with supporting documentation are the only costs that are eligible during this period:__ September 28, 2012 Final Performance Report and Final Payment Request with supporting documentation due to CalRecycle. All purchases ~ I must be received, and all eligible payments made, before the submission of the Final Performance Report and Final Payment Re uest. No extensions will be iven be and Se tember 28 2012. ', September 28, 2012 Grant Term Ends. Work Plan and/or Budget Changes The Application Work Plan and Budget describe the approved Grant activities and costs and become part of the Grant Agreement. Grantee proposed changes to the Work Plan and Budget must be submitted in writing to the CalRecycle Grant Manager, and the Grantee must receive written approval prior to implementing the change. When requesting a change, Grantees should submit a compelling justification for moving funds or revising the Work Plan. NOTE: The CalRecycle Grant Manager will not approve changes that result in the reduction of the performance of core program functions for inspections, enforcement, or mandatory training. Additionally, requests that exceed established limitations will not be approved. Changes may be requested through April 30, 2012, to allow the CalRecycle Grant Manager adequate time to review and respond to the request, and CalRecycle recommends that all requested changes be submitted via e-mail. Exhibit B -Procedures and Requirements -TEA 18 Page 3 of 19 4-17 Performance Reports Performance Reports document Grantee activities and accomplishments during the Grant Performance Period and are used to support Payment Requests and evaluate Grantee performance. A minimum of one Mid-Year and one Final Performance Report are required for TEA 18. The Mid-Year Report must include activities and accomplishments from June 30, 2011 through December 31, 2011, and must be submitted no later than March 30, 2012. The Final Performance Report must include activities and accomplishments from January 1, 2012 through June 29, 2012, and must be submitted no later than September 28, 2012. The following documents must be submitted with the Final Performance Report and are available at httn://www.calrecvcle.ca.eov/Grants/Forms/#General: • Recycled Content Certification (CalRecycle 74G) -required with the Final Performance Report) • Grant Self-Assessment Checklist (CalRecycle 641) -required with the Final Performance Report) Failure to submit the Final Payment Request and Final Performance Report with appropriate documentation by September 28, 2012, may result in rejection of the Payment Request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for Grant funding. No extensions for submitting the Final Payment Request and Final Performance Report will be granted. Performance Reports must be mailed to the CalRecycle Grant Manager at the address below Department of Resources Recycling and Recovery Financial Resources Management Branch Post Office Box 4025, MS 9A Sacramento, CA 95812-4025 Payment Requests and Supporting Documentation Payment Requests are the means by which Grantees request reimbursement of eligible Grant costs expended during the Grant Performance Period, and supporting documentation is the proof of those expenditures. A minimum of one Mid-Year Payment Request and one Final Payment Request is required for TEA 18. The Mid-Year Payment Request must include costs expended from June 30, 2011, through December 31, 2011, and must be submitted no later than March 30, 2012. The Final Payment Request must include costs expended from January 1, 2012, through June 29, 2012, and must be submitted no later than September 28, 2012. The period between June 30, 2012, and September 28, 2012, is referred to as the Report Preparation Period. Costs incurred to prepare the Final Performance Report and Final Payment Request, and all supporting documents, are the only costs that are eligible for reimbursement during the Report Preparation Period. Failure to submit the Final Payment Request and Final Performance Report with appropriate documentation by September 28, 2012, may result in rejection of the Payment Request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for Grant funding. Exhibit B -Procedures and Requirements -TEA 18 Page 4 of 19 4-18 All amounts claimed in a Payment Request must be actual eligible costs that are adequately supported with appropriate, accurate and complete documentation that is detailed, summarized, and totaled by task and type. Additionally, the amounts claimed may not exceed the Budget amount per task approved by CalRecycle. The Grantee must submit a Grant Payment Request with an original signature (preferably in blue ink) of the individual authorized in the Resolution, or his/her designee. Grantees must use the current version of the Payment Request Form (CalRecycle 87 (Rev. 1/10) available on CalRecycle's web page http://www.calrec cl~gov/Grants/Forms/. Copies, faxes, or e- mailed versions of the form will not be processed for payment. The Grantee must submit the following documents with the Payment Request Form: • Performance Report (to be distributed by the CalRecycle Grant Manager under separate cover.) • Personnel Expenditure Summary form (CalRecycle 165) (http://www.calrecvcle.ca.gov/Grants/Forms/#General) • Expenditure Itemization Summary (to be distributed by the CalRecycle Grant Manager under separate cover.) • Certification signed by the Grantee's chief financial officer, or equivalent official. • If Board of Supervisors or City Council approved labor rates are claimed, Grantees must submit: o A copy of the governing body resolution approving the hourly rate used. o A copy of the fee and/or rate schedule submitted to the governing body showing the hourly rate used. (Grantees only need to submit the cover page(s) of the schedule and the page that shows the hourly rate used, with the rate circled. Grantees do not have to submit the entire schedule if it contains fees and rates for other groups within their organization.) If a separate labor rate is calculated for each employee that includes actual salary, wages, shift differentials, fringe benefits, and indirect/overhead costs, Grantees must submit a spreadsheet which shows each employee's name, job classification, and hourly rate. The CalRecycle Waste Tire Surveillance Form (CalRecycle 229) for all surveillance activities supported by the Grant can be found at http'//www calrecycle.ca.eov/Tires/Enforcement/Inspections/Forms.htm . Invoices with accompanying receipts, cancelled checks or other proof of payment containing: vendor name, phone number and/or address; purchase amount and date; and, a description of the goods, services and/or materials purchased (if the Grantee only claimed a portion of an invoice, the amount billed to the Grant should be highlighted). o For Task #4: If attending an event with multiple subjects of which only part are related/beneficial to waste tire enforcement, only the waste tire enforcement-related portion of the class fee, divided proportionally, may be charged to this Grant. r__ m,. ,.L uo ,.t:...a_L, ,.__a__ .. ~_L.J_. e Employee's approved travel expense claim for hotel, meals, per diem and other expenses, hotel receipts and other receipts for conference fees, tuition, etc. Exhibit B -Procedures and Requirements -TEA 18 Page 5 of 19 4-19 • Mileage logs, lease payment documents, and support of interdepartmental vehicle use costs. • Copies of outreach materials created and/or published, samples of each promotional item, and photographs of signs/displays paid for with TEA 18 funds. o Outreach materials include brochures, presentations, promotional items, etc. Promotional items must be trinkets of nominal value. (Clothing items such as hats, shirts, etc., are not allowable promotional items.) For large items such as billboards, displays, signs, etc., Grantees must submit a photograph of the item with the Payment Request. NOTE: All Grantee-proposed alternative forms must contain the same level of detail as shown in the CalRecycle form and must be pre-approved in writing by the CalRecycle Grant Manager. Submit any proposed alternative forms for review and approval by the CalRecycle Grant Manager. Grantees must receive the CalRecycle Grant Manager's written pre-approval before using their proposed alternative forms. Grantees may propose alternatives for the following forms: • Surveillance form (CalRecycle 229) .-i~g The Waste Tire Enforcement Grant Program has been exempted from the requirement to submit a General Checklist of Permits, Licenses, and Filings (CalRecycle 669) with the Payment Requests. Payment Requests must be mailed to the CalRecycle Grant Manager: Department of Resources Recycling and Recovery Financial Resources Management Branch Post Office Box 4025, MS 9A Sacramento, CA 95812 Payments will be approved when the CalRecycle Grant Manager determines that the request is accurate, complete, eligible, and accompanied by all required documentation. All costs and activities claimed for reimbursement must be approved in the Grantee's Work Plan and Budget. Payment will only be made to the Grantee and the Grantee is responsible for paying all employees, vendors, service providers, contractors and subcontractors, etc. All payments for this Grant are made on a reimbursement basis. The Grantee must have paid out the funds before submitting a Payment Request for reimbursement of actual expenditures, and proof of payment must be submitted with the Payment Request. Encumbrances, invoices, purchase orders, etc., are not eligible for reimbursement until the Grantee has actually paid the funds to the employee, vendor, etc. Exhibit B -Procedures and Requirements -TEA 18 Page 6 of 19 4-20 A 10% withhold, or retention, will be deducted from all Payment Requests and will be released when the CalRecycle Grant Manager has determined that all Grant terms, conditions, procedures and requirements have been satisfactorily completed. Other documents that Grantees may need to submit with the Payment Request are also available on the web. Grantees should keep additional detailed supporting documentation in their records in case of an audit, but do not need to submit those documents with the Payment Request form. For example if a separate labor rate is calculated for each employee that includes actual salary, wages, shift differentials, fringe beneftts, and indirecdoverhead costs, Grantees must retain the documents that support the components of each employee's hourly rate. Personnel Hours Grantees must maintain, and provide if requested, detailed timekeeping records of personnel hours worked. For each pay period, the employee's timekeeping document must contain at least the following: o Employee name and classification o Total hours worked and leave taken during the pay period o Hours worked/leave taken per day o For each hour worked, adescription/listing of the activity/task they were working on. • For Grantees claiming actual hours for Tire Program Identifications (TPIDs) inspected with a waste fire count of 500 or more, the timekeeping documentation must also show the hours per day for each of the TPIDs with a waste fire count of 500 or more. A sample Personnel Expenditure Summary (CalRecycle 165) can be found at http://www.calrec d~gov/Grants/Forms. The Grantee may use its own personnel expenditure system as long as the system includes the preceding items at a minimum, and summarizes personnel costs by task. Grantees should contact the CalRecycle Grant Manager if they have any questions about the adequacy of their own personnel expenditure system. Supervision of staff conducting eligible activities constitutes a direct Grant cost; therefore, Grantees may claim under each task direct supervision time and costs related to that task, as long as the supervision time and costs have not been included as a component of a Board or Council approved rate, or an indirect, overhead or administrative rate. Hourly Labor Rate Grantees must choose one of the following options to determine how they charge the grant for their employees' time spent on the TEA 18 Grant: 1. Many Grantees have a fee or rate schedule that is approved by their Board of Supervisors or City Council. Grantees may use the Board or Council approved hourly rate to calculate the value of employee time spent on eligible Grant activities. A Board or Council approved rate usually includes a large variety of components, including items such as: indirect, administrative and overhead costs; travel, transportation and training; and, equipment, supplies and materials. Grantees may only Exhibit B -Procedures and Requirements -TEA 18 Page 7 of 19 4-21 claim those costs directly against the Grant if they can show those costs were not included as a component of the Board or Council approved rate, and if the Grantee's chief financial officer (or equivalent) signs the previously mentioned certification. 2. Grantees that do not have a Board or Council approved rate, or who choose not to use that rate, may calculate an hourly rate for each employee that includes actual salary, wages, shift differentials, fringe benefits, and indirect/overhead costs. Fringe benefits include, but are not limited to, the costs of leave earned (such as vacation, sick leave, holidays), and the actual cost of employee insurance, retirements and pensions, unemployment and disability benefit plans, etc. Most local governments already have an indirect cost rate that is prepared annually by their accounting, finance or budget office. Grantees should use that indirect cost rate as a component of the hourly rate calculated for each employee. An indirect, administrative or overhead rate usually includes a large variety of components, including items such as: supervisor costs; travel, transportation and training; and, equipment, supplies and materials. Grantees may only claim such costs directly against the Grant if they can show that these costs were not included as a component of the indirect, administrative or overhead rate, and if the Grantee's chief financial officer (or equivalent) signs the previously mentioned certification. There is no indirect cost rate standard that every organization must follow. Each Grantee should follow its own organization's methodology for applying and including indirect costs as part of the employee's hourly rate. Grantees should contact their own accounting, budget or finance office to ascertain what their jurisdiction's indirect cost rate is. Under either option, Grantees must maintain, and provide if requested, documentation to support rates used, the components thereof, and demonstrate how it was calculated. The documentation must provide a clear trail from the actual and projected costs and components, through the rate determination process and methodology, to the rate used. For Grantees that do not use a Board or Council approved rate, the Grantee must demonstrate that the rate and supporting methodology has been approved by the Grantee's chief financial officer, or equivalent, and was the rate in effect and used during TEA 18. Grant Closeout The Grantee initiates the closeout process when the Final Performance Report, Final Payment Request, and other required supporting and closeout documents are submitted to the CalRecycle Grant Manager. All purchases must be received, and all eligible payments made, before the submission of the Final Performance Report and Final Payment Request. The CalRecycle Grant Manager will review all Final documents for compliance with the requirements of all Grant Terms and Conditions, Procedures and Requirements, Work Plan and Budget. The Grant is considered closed when the Grantee receives its final payment. Failure to submit the Final Payment Request and Final Performance Report with appropriate documentation by September 28, 2012 may result in rejection of the Payment Request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for Grant funding. Exhibit B -Procedures and Requirements -TEA 18 Page 8 of 19 4-22 Termination or Suspension of Grant or Payments Failure to comply with any part of the Grant Agreement, or interfering with CalRecycle enforcement actions, may result in the termination of the Agreement or suspension of any outstanding Grant Payment Requests. Grant Related Documents, Retention, Audits, Records Access, and Waiver of Personal Jurisdiction All Grant-related documents submitted to CalRecycle become the property of CalRecycle and are subject to disclosure under the Public Records Act. Do not submit confidential information with the Application, Performance Reports, Payment Requests, or any other Grant document. Grantee records and supporting documentation pertaining to the performance of this Grant are subject to audit and must be maintained for a minimum of three (3) years after final payment date or Grant term end date, whichever is later. A longer period of record retention may be stipulated in order to complete any action and/or 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 ledgers; mileage logs; payroll registers and entries; time sheets; personnel expenditure summary forms; travel expense logs; paid warrants; contracts and change orders; samples of items and materials developed with Grant funds; and, invoices and/or cancelled checks. Refer to the Terms and Conditions (Exhibit A) for more information about this item. All Grantees are required to comply with the following provisions: 1. Audit/Records Access. The Grantee agrees that CalRecycle, 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 Grant Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment or the end of the Grant term, 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 contractor subcontract related to performance of this Grant Agreement. 2. Waiver of Personal Jurisdiction. Should CalRecycle seek reimbursement of costs paid to a Grantee as a result of an audit finding, the Grantee hereby waives any jurisdictional defenses and expressly waives tribal sovereign immunity as a defense to any action in any court of the State of California for the recovery of such funds. Grantee Contacts and Information All Grantee contact person updates regarding names,. addresses, phone numbers, a-mail addresses, etc., should be sent to the CalRecycle Grant Manager. Exhibit B -Procedures and Requirements -TEA 18 Page 9 of 19 4-23 Task #1 -Inspections Introduction Inspections are a core component of the Grant and should be the area in which the Grantee spends most of its time and money. Grantees should identify and inspect tire operations for compliance with waste tire permitting, hauling, storage and disposal laws and regulations. Inspections on Federal, State and Tribal Owned land Grantees may perform inspections on land owned by the federal or state government; however, inspections may not be performed on land owned by tribal governments. Inspection Priorities CalRecycle has established the order in which inspections should be performed. Grantees must perform inspections in accordance with the following order of priorities: 1. Inspect unpermitted and/or illegal waste tire piles, and other waste tire violations, that pose an immediate risk or threat to public health and safety, and the environment. 2. Inspect waste tire locations, operations, and issues in response to requests or complaints received from the general public, and from business and government representatives from within the Grantee's own jurisdiction. 3. Inspect waste tire locations, operations and issues as requested by the CalRecycle. 4. Reinspect TPIDs within 30 days of the compliance deadline when a Notice of Violation is issued and documented on an inspection report. 5. Inspect active* permitted major and minor waste tire facilities. 6. Inspect active* TPIDs that have never been inspected. 7. Inspect all other active* TPIDs that accept, generate or store more than 500 waste tires. 8. Inspect all other active* TPIDs that accept, generate or store 500 or fewer tires. Closed* and inactive* facilities should only be inspected if a referral, complaint, or other urgent information has come to the Grantee's attention. Grantees must note on the Inspection Report the information they received which necessitated the inspection of a Closed* or inactive* facility. *Active, inactive, and closed refers to the TPID's Business Status per the Waste Tire Management System (WTMS). Inspection Location In general, inspections should be performed at the site address shown in WTMS. If WTMS shows both site and mailing address for the TPID, and the addresses are in separate jurisdictions, Grantees may only perform inspections of the TPID if the site address is in their jurisdiction, for Collaborative Jurisdictions, within the scope of their Grant Agreements. If there is no site address listed in WTMS, and if the mailing address is in the Grantee's jurisdiction, the Grantee should contact the TPID representative to determine if the mailing Exhibit B -Procedures and Requirements -TEA 18 Page 10 of 19 4-24 address is also the site address. If the mailing address is also the site address, and the mailing/site address is in the Grantee's jurisdiction or within the scope of the Grant Agreement, the Grantee may perform an inspection of that TPID. If there is a separate site address, the Grantee may only perform an inspection at the site address if it is in the Grantee's jurisdiction or within the scope of the Grant Agreement. In all cases, when the Grantee learns of the TPID's site address, that information should be passed along to the Hauler Hotline or to the CalRecycle inspector assigned to the Grantee. Inspection Frequencies Inspection frequencies areas follows. • A maximum of one routine inspection is allowed per TPID during TEA 18. • A maximum of two re-inspections may be performed per TPID during TEA 18 if a Notice of Violation was documented during the previous inspection. • Referral inspections may be performed as needed if a referral, complaint, or other urgent information comes to the Grantee's attention about a possible waste tire violation. If an inspection is performed for any of those reasons, Grantees must note on the Inspection Report the information they received which necessitated the inspection, and must mark "Referral" as the Inspection Type on the Survey Form, CIWMB 181. • A maximum of one observation inspection may be performed per TPID during TEA 18, and is allowed under limited circumstances. To qualify as an Observation inspection, the Grantee must already be in the field and be prompted by an observation to perform a spontaneous inspection. If an Observation inspection is performed, Grantees must note on the Inspection Report the observation that prompted the spontaneous inspection, and must mark "Observation" as the Inspection Type on the Survey Form, CIWMB 181. An observation that prompts a spontaneous inspection is generally something that appears to be in violation of applicable waste tire laws and regulations. Additional inspections may be performed if pre-approved in writing by the CalRecycle Grant Manager. Inspection Reports An Inspection Report documents what the Inspector observed during a field inspection of the TPID's site address, including statements made by the owners/operators of the site, as well as any statements or directives the Inspector made to the owner/operator. The Report should also include comments as to whether or not previous Areas of Concern or Notices of Violation have been resolved. An Inspection Report may include more than one piece of paper. It must include a Survey Form (CIWMB 181), and may include an Inspection Form (CIWMB 182), Comments Form (CIWMB 183), and any other appropriate attachments such as photographs. These forms must be ordered from CalRecycle; however, examples can be viewed at http•//www calrecvcle ca QovlTires/Enforcement/Inspections/Forms.htm#Samnle. All inspections should be thoroughly documented so that the Report provides complete and accurate information in case future enforcement actions are taken. An Inspection Report should be able to stand on its own without any explanations or additional information. Exhibit B -Procedures and Requirements -TEA 18 Page 11 of 19 4-25 Some businesses have more than one role under its TPID. All business roles under one TPID must be inspected during the same field/site inspection and must be documented on one Inspection Report. Separate reports are only allowed for separate TPIDs, not separate roles under one TPID. If the Report documents a change of the TPID's Operational Status, the Inspector must document on the report the observation or information that led to the conclusion that the Operational Status should change. Definitions of Operational Status are found on the back of the Survey Form (CIWMB 181). Inspection Reports may only be completed when the Inspector performs an inspection at the TPID's site address. Notices of Violation (NOV) If a violation is identified during an inspection: Advise the tire business representative of the violation(s), issue the CalRecycle-provided Notice of Violation (NOV) and informational sheets found at httn'/hvww calrecycle ca Qov/Tires/Enforcement/Inspections/Forms.htm#NOV, and indicate on the Report what the tire business must do by date certain (compliance deadline date) to comply. The compliance deadline date must be written on the inspection report. Reinspect the tire business within 30 days of the NOV compliance deadline date. o If the violation is corrected after the first or second reinspection, additional inspections are allowed during TEA 18 only if a request, complaint or refen•al is received about the TPID. o If a violation is not corrected at the time of the first re-inspection, but a good faith effort has been made, the Grantee may extend the compliance deadline date once. The extension must be written on the inspection form at the time of re-inspection. o If the violation is not corrected by the second re-inspection, the Grantee must refer the tire business and uncorrected violation(s) to CalRecycle for further enforcement action. The referral must be noted on the inspection form, and the Grantee must complete and submit the CalRecycle Referral Form (CalRecycle 228) found at httn~//www calrecvcle ca g_ov/Tires/Enforcement/Inspections/Fonns.htm#Refenal. (Note that this form has been recently revised.) The referral should be made within 30 days of the last re-inspection and must include evidence collected, including inspection reports and photographs. NOTE: While up to two reinspections are allowed, Grantees are not required to perform two reinspections before referring the tire business to CalRecycle. Grantees may make referrals to CalRecycle after the first inspection or after the first reinspection, based upon the Grantee's judgment of the severity of the non-compliance issue and the responsiveness of the tire business. Maximum Hours Allowed per Inspection When Grantees prepare and submit their Payment Request for reimbursement of actual inspection costs, the maximum hours allowed per inspection depends on the Grantee's record keeping system. Exhibit B -Procedures and Requirements -TEA 18 Page 12 of 19 4-26 If the Grantee has a record keeping system that separately accumulates inspection hours for each TPID inspected with a waste tire count of 500 or more, the Grantee may claim the actual number of hours spent on: each TPID inspected with a waste tire count of 500 or more; and, all inspections with a waste tire count of 499 or fewer, as long as the average actual hours per inspection is 4 hours or less. For Grantees that do not have the ability or desire to separately accumulate inspection hours for each TPID inspected with a waste tire count of 500 or more, the Grantee may claim the actual number of hours spent on all inspections as long as the average actual hours per inspection is 4 hours or less. NOTE: Time in and out on the Inspection report does not limit reimbursable hours to that period of time. Also, inspection preparation and report writing tasks may be performed on days other than the date of the inspection. Task #2 -Enforcement Introduction Enforcement includes the steps beyond inspections that a Grantee takes to identify and bring into compliance those that illegally haul, store and dispose of waste tires. Priority should be given to those situations that pose the greatest risk to public health and safety, and the environment. Maximum Allowed Enforcement Costs When Grantees prepare and submit their Payment Requests for reimbursement of actual enforcement costs, the amount requested under Task #2 must be less than or equal to 75% of the actual approved and eligible costs reimbursed under Task #1. CalRecycle staff do not have the authority to approve costs in excess of the 75% limitation. Task #3 -Outreach Introduction Outreach takes many forms and includes the Grantee's efforts to inform tire businesses and the general public of waste tire hauling, storage, permitting, and disposal laws and regulations. Outreach Materials Outreach materials include brochures, presentations, promotional items, etc. The final draft or mock-up of these items must be pre-approved, in writing, by the CalRecycle Grant Manager before the item goes to the printer or supplier, or is presented to tire businesses Exhibit B -Procedures and Requirements -TEA 18 Page 13 of 19 4-27 and/or the general public. If a presentation or other items were approved by CalRecycle in a prior Grant cycle, they must be re-approved in writing by the CalRecycle Grant Manager during the TEA 18 cycle. The reason for the re-approval is to ensure that the items still comply with current laws and regulations. Additional requirements are found in the following sections of the Terms & Conditions for this Grant: • Acknowledgements • Advertising/Public Education • Competitive Bidding • Copyrights and Trademarks • Work Products Promotional items must be trinkets of nominal value. (Clothing items such as hats, shirts, etc., are not allowable promotional items.) Promotional items must include information related to waste tire storage, hauling or disposal, and should include information such as local telephone numbers for learning more about waste tire laws and regulations, or for reporting illegal waste tire dumping. Grantees may continue to distribute brochures and promotional items that were purchased under previous Grant cycles as long the information is still accurate. Failure to obtain the CalRecycle Grant Manager's written pre-approval for outreach materials purchased under TEA 18 may result in those activities and costs being ineligible for reimbursement; any such costs may be deducted from the Grantee's Payment Request. Task #4 -Grantee Training Introduction Grantee Training is generally training that the Grantee's tire enforcement staff attend. Limited Grantee-provided training may be allowed under this task. All training must be directly related or beneficial to the enforcement of waste tire hauling, storage, permitting and disposal, and must be pre-approved by CalRecycle's Grant Manager. Training related to tire reuse, recycling, landfills, solid waste, state minimum standards, etc., are generally not eligible under this task. Additionally, classes related to obtaining or maintaining Peace Officer or Public Officer status, or weapons qualifications, are not eligible under this task. When multiple sessions of a training event are scheduled, Grantees should attend the session closest to their location. Exceptions for attending classes that are not the closest will be considered but must be supported by a compelling justification, and must be pre-approved in writing by the CalRecycle Grant Manager. If attending an event with multiple subjects of which only part are related beneficial to waste tire enforcement, the portion of the class fee charged to the TEA 18 Grant must be proportionally-related to the proportion of the class time devoted to waste tire enforcement. Exhibit B -Procedures and Requirements -TEA 18 Page 14 of 19 4-28 Task #5 -Grant Management Introduction Grant Management is the work the Grantee performs to manage the Grant as a whole. This task was previously entitled Report Writing. Task #6 -Equipment, Materials and Supplies Introduction Equipment, materials and supplies are needed to perform eligible waste tire enforcement activities and to maintain the health and safety of staff performing those activities. In general, all equipment, materials and supplies necessary to perform eligible waste tire enforcement activities are eligible. Office related items may also be eligible, such as: file cabinets; postage; printer, toner, paper and ink cartridges; copier, toner and paper; document scanner; supplies such as paper, pens/pencils, paperclips; and, computer, accessories, standard software and licensing. The CalRecycle Grant Manager must pre-approve the purchase of all items and will consider items the Grantee purchased in prior Grant cycles. Failure to obtain the CalRecycle Grant Manager's written pre-approval may result in those items and costs being deducted from the Grantee's Payment Request. Additionally, Grantees may be allowed to claim only a proportion of the cost of an item based upon the percentage of time it is used for waste tire enforcement activities. For items with a purchase price of $100 or more, Grantees may be required to provide a compelling justification to purchase the item, including an explanation as to why a less expensive item is inadequate, or why previously purchased items are inadequate. Items such as tazers, police type scanners and radios, mobile command posts, and other law enforcement type items are ineligible under the TEA Grant. Maximum Allowed Equipment, Materials and Supplies Costs When Grantees prepare and submit their Payment Requests for reimbursement of actual equipment, materials and supplies costs, the amount requested under Task #6 must be less than or equal to 10% of the approved expenditures for all tasks. Exhibit B -Procedures and Requirements -TEA 18 Page 15 of 19 4-29 Task #7 -Transportation Introduction Transportation is necessary for Grantees to perform eligible activities. Eligible Items In general, transportation necessary to performing waste tire enforcement activities is eligible. Eligible items include using aGrantee- owned or personal vehicle. Additional items may be eligible; however, they must be pre-approved, in writing, by the CalRecycle Grant Manager before the Grantee orders or purchases the item. n C J ..__.1 _.,.L:_L_ .,.. L.....: ~... ,.r. 1 1' ~ 1 1 .._A,.___ __ :.L .L,. A.II.....:..~. 1 _L:_L _ __L____ __A 1,..... ___-_a_-___ _-_ L ~ i S :,.1 __ L_l,. ,. _ .__ _ :A !~_.._. A...,1.. _.,. . ... ..~ ....__.:!_ 46 lR~6°YG l Rt~ ' r i ~ ~ P - ~ - _[ C 1 l,• •• 43E~i lS6 E I3 16i !~ 10 ___ _L. ..:4 _ 8 5 1I ~f R~ T e _r.L . _ J _ _ _ n l 36ti~RErFn36'eiRP9i3St ee6° .. T.~~ 7 :. _ 1.. a,. n_ 1 n ,.. ._.,.1.. ,.,... r _L:_1__ _..__L ___A .._ n 1...... _ ~ __L. _ ..,.a .,, c_n ___, a -_ c....... _r n_l: r,._:,. ~,, v_ L:,.1,, n..__L _.._ ra ~ L ° 1 0 c~l!!°SE r ~ . , Exhibit B -Procedures and Requirements -TEA 18 Page 16 of 19 4-30 ' .1 -- l' 1 -- -~ 1 t 1C 11 !1 C L 1 ,. - Maximum Allowed Transportation Costs When Grantees prepare and submit their Payment Request for reimbursement of actual transportation costs, the amount requested under Task #7 must be less than or equal to 10% of the approved expenditures for all tasks, up to a maximum of $25,000. Grantees have the option of claiming vehicle usage costs based upon actual mileage at the lesser of the Grantee or state mileage rate, or to claim actual costs in lieu of a mileage rate. Under either option, the Grantee must submit mileage usage logs to show the actual mileage driven to perform eligible TEA 18 activities. Additionally, if the Grantee claims actual costs in lieu of a mileage rate, the average actual cost per mile must be no more than the state's standard mileage rate. .T L :..A,_.~__a. ....1 __. ,. f.,. ,.ice.. \iR-__,~. -___al,~ r ,1 ._1.-- Lt_. _ _T,._t_11~ e ~ Exhibit B -Procedures and Requirements -TEA 18 Page 17 of 19 4-31 1 _ ____ a_ _l___ a. _....: al _ ~. .L I:,. :._La ..C _. __ .. r ~~ ...y r_____'r___ -o -• ~ e ~ J _ Y _ aL_ _ - 1'1TTT A .- tl_. .. socr~x~~ -`o aT --°° I p ..C .. _L- _. ,.4_J aL.. ~ .L-_ _C. ,.1.__ - _ t 1 ~ L i L ' L- L_ a _ a..L .... !_.... «a..__ _ ___ J,_ .- a L-.._ a ..La.. _ I fa1_ T :__ T:,.1...._ T f - - - .t 1 _ ._ 1_ /~.._~a 1\A.._____ ~ t f 'C !` C '1 L_ __ _J:... .. _ .. C_: 1_ a ., ..L. -:a _ _J _~J (~ 1 a: C.__ aL_ /1_...-t..,. 4L ea _ _ ._1.. ..-..~ ._J a _ L .1,,.. J TTTT 11~~ „r L __ ~T[9'~~re~ _ ....1___ ~s~`~f~~')~}~4l'[L ..,.1,. ,.,. 9~ --./d _/TT Ot~ TTI/ E2Ta®'P /T '..,... IT T _..1,. _../ _~J ~ ~ t 11 - .. _.._ IJ I'J __. _~~ r _- ~J ...._J a:..,. L,...1.. --__:..a.._ .«1__ _ i1L4~ ~tl~ Exhibit B -Procedures and Requirements -TEA 18 Page 18 of 19 4-32 n~ _f Pn nnn ..,. .. L,. „Is.t ~r-_- a_x. e A .y _f N'l[ nnn ,._ ln0/ ,.f cL.. e > _i _'.~ > > e Exhibit B -Procedures and Requirements -TEA 18 Page 19 of 19 4-33 RESOLUTION NO 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF CALRECYCLE 18TH CYCLE FISCAL YEAR 2010/2011 WASTE TIRE ENFORCEMENT GRANT APPLICATION IN PARTNERSHIP WITH THE CITY OF SAN DIEGO-SOLID WASTE LOCAL ENFORCEMENT AGENCY AND AUTHORIZING THE CITY OF SAN DIEGO TO ACT ON BEHALF OF THE CITY OF CHULA VISTA TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, AGREEMENTS AND AMENDMENTS FOR THE PURPOSE OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE PURPOSE SPECIFIED GRANT WHEREAS, in 1990, the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires; and WHEREAS, the CalRecycle has delegated the responsibility for the administration of fire enforcement, compliance and surveillance activities at waste fire facilities to solid waste Local Enforcement Agencies (LEA); and WHEREAS, funds are allocated and available for CalRecycle for grants to LEAs to perform enforcement, compliance, and surveillance activities at waste fire facilities; and WHEREAS, the City of San Diego Local Enforcement Agency has agreed to act as lead jurisdiction on behalf of the cities of Chula Vista, Imperial Beach and National City. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the submittal of fire enforcement grant applications in partnership with the City of San Diego-Local Enforcement Agency BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City of San Diego to act on behalf of the City of Chula Vista to execute all necessary applications, contracts, payment requests, agreements and amendments for the purpose of securing grant funds and to implement and carry out the work specified in the grants. Presented by Approved as to form by Richard A. Hopkins Director of Public Works - _ , ... Glen R. Googms LU c,~': z r-j City Attorney 4-34