HomeMy WebLinkAboutContracts & Agreements_64-2005_CCv0001.pdf STATE OF CALIFORNIA-ENVIRONMENTAL PROTECTION AGENCY CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
121 A
GrVANTAGREEMENT
r,%No
CWMIS1110(Rovt$ed 03105)
GRANT NUMBER
NAME OF GRANT PROGRAM TR43-04-1
2004/2005 Local Govt.Tire Amnesty Day Grants
GRANTEE NAME
City of Redlands
TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER TOTAL GRANT AMOUNT NOT TO EXCEED
$18,892.00
TERM OF GRANT AGREEMENT
FROM: March 15,2005 TO: ril 30,2007
THIS AGREEMENT is made and entered into on this 22nd day of March,2005,by the State of California,acting through the Executive Director of the California
Integrated Waste Management Board(the"State")and City of Redlands(the'Grantee"). The State and the Grantee,in mutual consideration of the promises
made herein,agree as follows:
The Grantee agrees to perform the work described in the Work Plan attached hereto as Exhibit C according to the Budget attached hereto as Exhibit D.
The Grantee further agrees to abide by the provisions of the following exhibits attached hereto:
Exhibit A-Terms&Conditions
Exhibit B-Procedures&Requirements
Exhibit C-Work Plan
Exhibit D-Budget
Exhibits A,B,C,and D attached hereto and the State approved application are incorporated by reference herein and made a part hereof.
The State agrees to fund work done by the Grantee in accordance With this Agreement up to the Total Grant Amount Not to Exceed specified herein.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the dates entered below.
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD GRANTEE'NAME(PRINT OR TYPE)
City of Redlands
SIGNATURE GRANTEE"St AU RI
Gilberto Gil
DATE
TITLE
z DATE
Mark Leary,Executive Director ("Ofized representative) Mayor Pro Tem 04/05/05
✓ GRANTEE'ADDRESS(INCLUDE STREET,CITY,STATE AND ZIP CODE)
35 Cajon Street, P. 0. Box 3005
Redlands, CA 92373
Lity
CERTIFICATION OF FUNDING Attest Clerk
AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUNtYV
AGREEMENT 2004/2005 Local Govt.Tire Amnesty Day Grants IWMA
$18,892.00
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED
FOR THIS AGREEMENT
ITEM CHAPTER STATUTE FISCAL YEAR
TOTAL AMOUNT ENCUMBERED TO 3910-001-387 208 2004
DATE DEJECT OF EXPENDITURE(CODE AND TITLE)
$18,892.00 1000-15293-418.03
I hereby certify upon my own personal knowledge that budgeted funds are avallabie T.B.A.
"A NO, B.R.NO.
for the geriod and pu=e of the expenditure stated above.
SIGNATURE Qf ACCOUNTING OFFICER DATE
C
2—ILJI-1
STATE OF CALIFORNIA TQ � (0 H - CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
CIWMB 669(2/04)
GENERAL CHECKLIST OF BUSINESS PERMITS, LICENSES AND FILINGS
-6-RAN-TWL1CXNT/GRANTEE NAME
City of Redlands
GRANT NAME AND CYCLE GRANT NUMBER DATE SUBMITTED/UPDATED
City of Redlands Community Recycling Events (FY 2004/2005) 1017/04
Mark (-/ or X) appropriate box on each line below. All lines must be completed.
Note. This list is not all-inclusive. Grant ApplicantlGrantee,must list other critical permitaftenseaffilings not identified below.
Grant Applicant/Grantee will modify and/or obtain this permit/license/filing
LOCAL PERMITS,LICENSES&FILINGS REGULATOR OR ISSUER'
❑ Authority to ConstructtPermit to Operate Air Quality Management District
0- Building Construction Permit City or County
0 Business License City or County
0 Fictitious Business Name Filing County
❑ Land Use Permit/Zoning Clearance/Conditional Use Permit City or County
0 Permit By Rule(PBR)for Permanent HHW Facilities or Temporary Collection Events City, County or Ca!/EPA-DTSC
0 Waste Hauler Permit City or County
STATE PERMITS, LICENSES& FILINGS
0 Antifreeze, Battery, Oil& Paint(ABOP) Notification ClJPAorCaUEPA-DTSC
0 Corporate, Company or Partnership Filings Ca. Secretary of State
0 Hazardous Waste Haulers Permit CaUEPA-DTSC
0 Industrial Activities Storm Water General Permit CaVEPA-SWRCB
0 Non-Profit Organization 501 (C) (3) Ca. Secretary of State
0 Prop. 65 Safe Drinking Water&Toxic Enforcement Act Cal/EPA-CIEHHA
0 Solid Waste Facilities Permit
CaUEPA-CIWMB
0 State EPA Identification Number CaUEPA-DTSC
Waste and Used Tire Hauler Registration(Exempt under PRC
042954) CaltEPA-CIWMB
0 Waste Discharge Requirements CaUEPA-SWRCB
0 Waste Tire Facilities Permit CaUEPA-CIWMB
FEDERAL PERMITS,LICENSES&FILINGS
0 US EPA-Identification Number US EPA
0 US EPA- NPDES and/or NSR Permits US EPA
OTHER PERMITS, LICENSES&FILINGS
J
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purposes-
Waste Tire Amnesty Day Grant Program,FY 2004-2005
STATE OF CALIFORNIA CALIFORNIA INTEGRATED WASTE MANAGEWENT BOARD
CIWIVIB 669(2104)
GENERAL CHECKLIST OF BUSINESS PERMITS, LICENSES AND FILINGS
CommentslNotes.-
Mark (.,' or X) appropriate box below.
...........--.-........................... ......
PRIVATE ENTITY CERTIFICATION: I declare under penalty of perjury under the laws of the State of
California that the proposed grantee: 1) is in good standing and qualified to do business in the State;
i and 2) has or will comply with all applicable state, federal, and local laws, ordinances, regulations,
f
license and permit requirements necessary for the proper performance of this grant; and 3) where
compliance has not been met, I have attached a letter describing what has been done to achieve full
1 compliance.
..........
i PUBLIC ENTITY CERTIFICATION: I declare under penalty of perjury under the laws of the State of
California that the proposed grantee: 1) has or will comply with all applicable state, federal, and local
laws, ordinances, regulations, license and permit requirements necessary for the proper performance
of this grant; and 2) where compliance has not been met, have attached a letter describing what has
been done to achieve full compliance.
Executed at: Redlands, CA on April 5, 2005
City and State Date
Gilberto Gil Mayor Pro Tem
Print XciGrant Applicai!WtGrqxtee as identified in resolution) Title
April 5, 2005
Signature of Grant Applic r antee (as identified in resolution) Date
Attest:
LorrieToyae-r, Vt 6/Qlerk
Note: Falsification under penalty of perjury may result in criminal and civil penalties. In addition, pursuant to the terms of
the grant agreement, any misrepresentations in the above certification shall constitute a breach of contract that could result
in non-payment of grant funds to the grantee;relinquishment by the grantee of funds previously paid;termination of the
grant; andlor placing the grantee on the Board's Unreliable Contractors List.
Waste Tire Amnesty Day Grant Program,FY 2004-2005 7
RESOLUTION NO. 6323
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING
SUBMISSION OF A GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE
MANAGEMENT BOARD FOR WASTE TIRE AMNESTY COLLECTION EVENTS
WHEREAS, grant funds are available from the California Integrated Waste
Management Board for tire amnesty day events and public education regarding proper
tire maintenance and disposal; and
WHEREAS, the City of Redlands has sufficient resources to provide the
matching funds requirement of a grant application for public outreach and tire collection
events; and
WHEREAS, public outreach to promote proper disposal of tires and convenient
opportunities for citizens to dispose of tires is consistent with the City of Redlands
Mission Statement to provide for the health, safety, and welfare of our citizens through
efficient and effective programs; and
WHEREAS, the successful implementation of a grant project to reduce the illegal
disposal of tires is consistent with City of Redlands goals related to enhancement of the
environment and public participation and involvement;
NOW THEREFORE, BE IT RESOLVED THAT:
1. The City Council of the City of Redlands authorizes submission of an
application to the California Integrated Waste Management Board for a FY
2004/2005 Waste Tire Amnesty Day. The Mayor or any member of the City
Council of the City of Redlands is hereby authorized and empowered to
execute in the name of the City of Redlands all necessary contracts,
agreements and amendments hereto for the purpose of securing grant funds.
2. The City Council of the City of Redlands authorizes and empowers the
Municipal Utilities Director in the name of the City of Redlands to execute all
necessary applications, payment requests, progress reports, and final
reports for the purposes of securing grant funds and to implement and carry
out the purposes specified in the grant application.
ADOPTED, SIGNED AND APPROVED this 5th day of October, 2004.
us Peppier
Mayor of the City of Redlands
ATTEST:
City eferk {
EXHIBIT A
TERMS AND CONDITIONS
The Waste Tire Amnesty Day Grant Program
Fiscal Year 2004-2005
(TR43-04-01)
This grant may not be funded unless the proposed Grantee meets the following two conditions:
1) The proposed Grantee must pay all outstanding debts owed to the California Integrated Waste
Management Board within ninety(90) days from the date of the grant award. The Grant Agreement
will not be released by the CIWMB until all outstanding invoices have been paid.
2) The proposed Grantee must complete, sign, and return the Grant Agreement within ninety(90)days
from the date recorded on the Grant Agreement package's cover letter.
The following terms used in this Grant Agreement (Agreement) have the meanings given to them below,
unless the context clearly indicates otherwise:
? "CIWMB" means the California Integrated Waste Management Board.
? "Executive Director" means the Executive Director of the CIWMB or his or her designee.
? "Grant Agreement" and "Agreement" means all documents comprising the agreement between
the CIWMB and the Grantee for this Grant.
? "Grant Manager" means the CIWMB staff person responsible for monitoring the grant.
? "Grantee" means the recipient of funds pursuant to this Agreement.
? "Program" means the Local Government Public Education and Amnesty Day Grant Program.
? "State" means the State of California, including,but not limited to, the CIWMB and/or its
designated officer.
1. ACKNOWLEDGEMENTS The Grantee shall acknowledge the CIWMB's support each time projects funded,
in whole or in part, by this Agreement are publicized in any news media,
brochures, or other type of promotional material. The acknowledgement of the
CIWMB's support must incorporate the CIWMB logo and state"Funded by a
Grant from the California Integrated Waste Management Board. Zero Waste—
You Make It Happen!" Initials or abbreviations for the CIWMB shall not be
used. The Grant Manager may approve deviation from this prescribed language
on a case-by-case basis where such deviation is consistent with the CIWMB's
Communication Strategy and Outreach Plan. If, subsequent to this Agreement,
the CIWMB adopts updated or new logos, slogans or language (language), the
Grant Manager may require the Grantee to include this language in newly printed
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.
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;
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
2004/2005 The Waste Tire Amnesty Day Grant Program
TR43-04-01
March 25,2005
air or water pollution
4. AMENDMENT No anzcndtnernt or variation of the terms of this Agreement shall be valid unless
made in writing, signed by the pat-ties, 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 State 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. (42 U.S.C. ? 12101 et seq.)
6. ANTITRUST CLAIMS The Contractor by signing this agreement hereby certifies that if these services or
goods are obtained by means of a competitive bid, the Contractor shall comply
with the requirements of the Government Code Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1). "Public purchase" means a purchase by means of
competitive bids of goods, services, or materials by the
State or any of its political subdivisions or public
agencies on whose behalf the Attorney General may bring
an action pursuant to subdivision (c) of Section 16750 of
the Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency
making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees
that if the bid is accepted, it will assign to the purchasing body all rights,
title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act(15 U.S.C. Sec. 15) or under the Cartwright Act(Chapter '?
(commencing with Section 16700)of Part 2 of Division 7 of the Business
and Professions Code), arising from purchases of goods, materials, or
services by the bidder for sale to the purchasing body pursuant to the bid.
Such assignment shall be made and become effective at the time the
purchasing body tenders final payment to the bidder. Government Code
Section 4552.
c. If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action assigned
under this chapter, the assignor shall be entitled to receive reimbursement for
actual legal costs incurred and may, upon demand, recover from the public
body any portion of the recovery, including treble damages, attributable to
overcharges that were paid by the assignor but were not paid by the public
body as part of the bid price, less the expenses incurred in obtaining that
portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year
from such demand, reassign the cause of action assigned under this part if
the assignor has been or may have been injured by the violation of lav for
which the cause of action arose and(a)the assignee has not been injured
thereby. or(b)the assignee declines to file a court action for the cause of
action. See Government Code Section 4554.
21004/2005 The Waste Tire Amnesty Day Grant Program 2
March 25.2005
7. ASSIGNMENT, a. This Agreement may not be assigned by the Grantee, either in whole or in
SUCCESSORS AND part, without the CIWMB's prior written consent.
ASSIGNS
b. The provisions of this Agreement shall be binding upon and inure to the
benefit of the CIWMB, the Grantee, and their respective successors and
assigns.
8. AUDIT/RECORDS The Grantee agrees that the CIWMB, the Department of Finance, the Bureau of
ACCESS 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. Examples of audit documentation
include, but are not limited to: expenditure ledger,payroll register entries and
time sheets,personnel expenditure summary dorm, travel expense log,paid
warrants, contracts, change orders, invoices, andlor cancelled checks.]
__ ... ..
.............
9. AUTHORIZED The Grantee shall continuously maintain a representative vested with signature
REPRESENTATIVE authority authorized to work with CIWMB on all grant-related issues. The
Grantee shall, at all times, keep the Grant Manager informed as to the identity of
the authorized representative.
10. AVAILABILITY of The CIWMB's obligations under this Agreement are contingent upon and subject
FUNDS to the availability of funds appropriated for this grant.
11. 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 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.
12. COMMUNICATIONS All communications from the Grantee to the CIWMB shall be directed to the
Grant Manager. All notices, including reports and payment requests, required by
this Agreement shalt 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.
2004/2005 The waste"fire Amnesty Day Grant Program ;
TR43-04-0I
March 25,2005
13. COMPETITIVE BIDDING HIC ('IW'MI3 encourages Grantees to use a competitive bidding process when
contracting for services required under this Agreement.
14. COMPLIANCE 1"he Granter: 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.
With each Payment Request(CIWMB 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(CIWMB 669)on file with the
CIWMB is current and complete, or submit an updated General Checklist of
Permits, Licenses, and Filings (CIWMB 669)available at:
www.ciwmb.ca.gov/'Grants/Forms!CIWMB669.doc.
15. CONFIDENTIALITY/ The Grantee and the CIWMB acknowledge that each party may come into
PUBLIC RECORDS possession of information and/or data that may be deemed confidential or
proprietary by the person or organization furnishing the information or data.
Such information or data may be subject to disclosure under the California Public
Records Act, Government Code("GC") Section 6250 et seq. The CIWMB
agrees not to disclose such information or data furnished by the Grantee and to
maintain such information or data as confidential when so designated by the
Grantee in writing at the time it is furnished to the CIWMB, but only to the
extent that such information or data is exempt from disclosure under the
California Public Records Act.
..
16. 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,
the CIWMB 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 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.
Foriner State Employees (PCC? 10111,);
a. For the two-year period from the date he or she left state employment, no
former state officer or employee may enter into a contract in which he or she
engaged in any of the negotiations, transactions,planning, arrangements or
any part of the decision-making process relevant to the contract while
employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment,
no former state officer or employee may enter into a contract with any state
agency if he or she was employed by that state agency in a policy-making
position in the salve general subject area as the proposed contract within the
twelve month period prior to his or her leaving state service.
2004/2005 The Waste Tire Amnesty Day Grant Program 4
TR43-04-01
'74Z wlh1
' Ifthe Grantee violates any previsions of above paragraphs, such action by the
Grantee shall render this Agreement void. (P('("? 10420)-
17. CONTRACTORS/ The Grantee will be entitled to make use of its own staff and such
SUBCONTRACTORS contractors and subcontractors as are mutually acceptable to the Grantee
and the CIWMB. Any change in contractors or subcontractors must be
mutually acceptable to the parties. Immediately upon termination of any
such contract or subcontract, the Grantee shall notify the Grant Manager.
Nothing contained in this Agreement or otherwise, shall create any contractual
relation between the CIWMB and any contractors or subcontractors of Grantee,
and no agreement with contractors or subcontractors shall relieve the Grantee of
its responsibilities and obligations hereunder. The Grantee agrees to be as fully
responsible to the C1WMB for the acts and omissions of its contractors and
subcontractors and of persons either directly or indirectly employed by any of
them as it is for the acts and omissions of persons directly employed by the
Grantee. The Grantee's obligation to pay its contractors and subcontractors is an
independent obligation from the CIWMB's obligation to make payments to the
Grantee. As a result, the CIWMB shall have no obligation to pay or to enforce
the payment of any moneys to any contractor or subcontractor.
18. CONTROLLING LAW This Agreement is governed by and shall be interpreted in accordance with the
laws of the State of California
19. COPYRIGHTS AND a. The Grantee assigns to the State any and all rights, title, and interests to any
TRADEMARKS copyrightable material or trademarkable material created or developed in
whole or in any part as a result of this Agreement, including the right to
register for copyright or trademark of such materials. Grantee shall require
that its contractors and subcontractors agree that all such materials shall be
the property of the State. Upon written request by the Grantee, the C1WMB
may give, at the Executive Director's sole discretion, written consent to the
Grantee to retain all or any part of the ownership of these rights.
b. The State through the CIWMB hereby grants to the Grantee a royalty-free,
nonexclusive,nontransferable license to reproduce,translate,and distribute
copies of the materials produced pursuant this Agreement, for nonprofit
purposes,and to have or permit others to do so on the Grantee's behalf.
20. CORPORATION When work under this Agreement is to be performed in California 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
CALIFORNIA Code Section 23101 as actively engaging in any transaction for the purpose of
financial or pecuniary gain or profit.
21. DISCRETIONARY
TERMINATION The Executive Director shall have the right to terminate this Agreement at his or her sole
discretion at any time upon thirty(30)days written notice to the Grantee. Within forty-
five(45)days of receipt of written notice,Grantee is required to:
a. Submit a final written report describing all work performed by the Grantee;
b. Submit an accounting of all grant funds expended up to and including the
date of termination; and,
c, Reimburse the CIWMB for any unspent funds.
22. DISPUTES Unless otherwise instructed by the Grant Manager, the Grantee shall continue
with its responsibilities under this Agreement during any dispute.
23. DRUG-FREE The person signing this Agreement on behalf of the Grantee certifies under
WORKPLACE penalty of perjury under the laws of California,the Grantee agrees that the
Grantee will comply with the requirements of the Drug-Free Workplace Act
2004/2005 'rhe Waste Tire Amnesty Day Grant Program 5
TR43-04-01
1%larch 25,2005
CERTIFICATION of 1990 (GC ? 8350 et seq.) and will provide a drug-free workplace by
taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession or use of a controlled substance is
prohibited and specifying actions that will be taken against employees for
violations.
b. Establish a drug-free awareness program to inform employees about all of
the following: (t) the dangers of drug abuse in the workplace, (2) the.
(.grantee's policy of maintaining a drug-free workplace, (3) any available
counseling, rehabilitation, and employee assistance programs, and (4)
penalties that may be imposed upon employees for drug abuse violations.
c. Require that each employee who works on the grant: (1) receive a copy of
the drug-free policy statement of the Grantee, and (2) agrees to abide by the
terms of such statement as a condition of employment on the grant.
...........................................
24. EFFECTIVENESS OF This Agreement is of no force or effect until signed by both parties.
AGREEMENT
................................................ .
25. ENTIRE AGREEMENT 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.
26. ENVIRONMENTAL In the performance of this Agreement, the Grantee shall conduct its programs,
.JUSTICE policies, and activities that substantially affect human health or the environment
in a manner that ensures the fair treatment of people of all races, cultures, and
income levels, including minority populations and low-income populations of the
State.
27. EXPATRIATE The person signing this Agreement on behalf of the Grantee certifies under
CORPORATIONS penalty of perjury under the laws of California,the Grantee agrees 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.
28. FAILURE TO PERFORM The CIWMB will benefit from the Grantee's full compliance with the terms of this
AS REQUIRED BY THIS Agreement only by the Grantee's:
AGREEMENT
a. Investigation and/or application of technologies, processes, and devices
which support reduction,reuse, and/or recycling of wastes: or
b. Cleanup of the environment: or
c. Enforcement of solid waste statutes and regulations, as applicable.
Therefore, the Grantee shall be in compliance with this Agreement only if the
work it performs results in:
a. Application of or 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.
29. FORCE MAJEURE Neither the CIWMB nor the Grantee, its contractors, vendors, or subcontractors,
if any, shall be responsible hereunder for any delay, default, or nonperformance
of this Agreement, to the extent that such delay, default, or nonperformance is
caused by an act of God, weather, accident, labor strike, tire,explosion,riot,war,
rebellion, sabotage, flood, or other contingencies unforeseen by the CI VNIB or
the Grantee. its contractors, vendors, or subcontractors, and beyond the
reasonable control of such party.
2004/200i The Waste Tire:;amnesty Clay Grant Program 6
TR43-04-0 I
__.,_ ,. ,,,,,r
30. FORFEIT OF GRANT If grant funds are not expended, or have not been expended, in accordance with
FUNDS/REPAYMENT OF this Agreement, or if real or personal property acquired with grant funds 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 under this Agreement,at law or in equity, including requiring
the Grantee to forfeit the unexpended portion of the grant funds and/or to repay
to the CIWMB any funds improperly expended.
31. GRANTEE'S The Grantee agrees to indemnify,defend, and save harmless the State, its
INDEMNIFICATION AND officials, officers,agents,employees, and servants from any and all claims and
DEFENSE OF THE losses accruing or resulting to any and all contractors, subcontractors, material
STATE men, 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.
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, the
CIWMB will process the amendment. Payment of Payment Requests presented
with a new name cannot be paid prior to approval of the amendment.
33. NATIONAL LABOR The person signing this Agreement on behalf of the Grantee certifies under
RELATIONS BOARD penalty of perjury that no more than one final unappealable finding of contempt
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 the CIWMB.
INDEPENDENT
CAPACITY
35. NON-DISCRIMINATION a. During the performance of this Agreement,Grantee and its contractors shall
CLAUSE not unlawfully discriminate, harass, or allow harassment against any
employee or applicant for employment on the bases enumerated in GC
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(GC?
12990(a-f))and California Code of Regulations,Title 2, Section 8103).
c. Grantee shall include the above nondiscrimination and compliance provisions
of this section in all contracts to perform work under this Agreement.
.............
36. OWNERSHIP OF The State shall have separate and independent ownership of all drawings, design
DRAWINGS,PLANS, plans, specifications, nctebooks, 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 funds. Copies
thereof shall be delivered to the CIWMB upon request. Grantee agrees, and shall
require that its contractors, subcontractors, and vendors agree that the State shall
have the full right to use said copies in any manner when and where it may
determine without any claim to additional compensation.
...........
2004/2005 The Waste Tire Amnesty Day Grant Program 7
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March 25,2005
37. PATENTS The Grantee assigns to the State all rights, title, and interest in and to each
invention or discovery that may be capable of being patented,that is conceived
of or tirst actually reduced to practice in the course of or under this Agreement,
or with the use of any grant funds. Upon written request by the Grantee, the
CIWMB may give, at the Executive Director's sole discretion, w=ritten consent to
the (grantee to retain all or any part of the ownership of these rights.
38. PAYMENT a. 'File Budget, attached to and incorporated herein by reference to this
Agreement as Exhibit D, states the maximum amount of allowable costs for
each of the tasks identified in the Work Plan, which is attached to and
incorporated herein by reference to this Agreement as Exhibit C. The
CIWMB shall reimburse the Grantee for only the work and tasks specified
in the Work Plan at only those costs specified in the Budget and incurred in
the term of the Agreement.
b. The Grantee shall carry out the work described on the Work Plan in
accordance with the Budget, and shall obtain the Grant Manager's written
approval of any changes or modifications to the Work Pian or the Budget
prior to performing the changed work or incurring the changed cost. If the
Grantee fails to obtain such prior written approval, the Executive Director,
at his or her sole discretion, may refuse to provide funds to pay for such
work or costs.
c. The Grantee shall request reimbursement in accordance with the procedures
described in the Procedures and Requirements.
d. Ten percent(10%) will be withheld from each Payment Request and paid at
the end of the grant term, when all reports and conditions stipulated in this
Agreement have been satisfactorily completed.
e. Lodgings, Meals and Incidentals. Unless otherwise provided for in this
Agreement, Grantee's Per Diem eligible costs are limited to the amounts
authorized in the California State Administrative Manual(contact your
Grant Manager for more information).
f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the Grantee
receives a Notice to Proceed as described in Exhibit B—Procedures and
...............
Requirements.
_.
39. PERSONAL The Grantee consents to personal jurisdiction in the State of California for all
JURISDICTION proceedings concerning the validity and operation of this Agreement and the
performance of the obligations imposed upon the parties. Native American
Tribal Grantees expressly waive tribal sovereign immunity as a defense to any
and all proceedings concerning the validity and operation of this Agreement and
the performance of the obligations imposed upon the parties.
40. REAL AND PERSONAL a. All real and personal property, including equipment and supplies, acquired
PROPERTY ACQUIRED with grant funds shall be used by the Grantee only for the purposes for which
WITH GRANT FUNDS the CIWMB approved their acquisition for so long as such property is needed
for such purposes, regardless of whether the Grantee continues to receive
grant funds from the CIWMB for such purposes.
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.
2004/2005 The Waste Tire Amnesty Day Grant Program 8
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41. 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 provided to the
CIWMB on the Recycled Content Certification Form (CIWMB 74G) available at
www.clwmb.ca.gov/Grants/Forms/CIWMB074G.pdf.
42. 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 full color photographs or other ink-
intensive graphics may be printed on photographic paper.
43. RECYCLED-CONTENT In the performance 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.ciwmb.ca.gov/BuyRecycled/StateAgency/. If the Grantee
cannot purchase RCP's,the Grantee must document why it was unable to comply
with this requirement.
44. 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 the practice of other waste reduction
measures where feasible and appropriate.
45. REDUCTION OF WASTE Unless otherwise provided for in this Agreement, in the performance of this
TIRES Agreement, for purchases made with grant funds, the Grantee shall purchase 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.
46. REMEDIES 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.
47. RESOLUTION A county, city, district,or other local public body must provide the CIWMB with
a copy of a resolution,order, motion, or ordinance of the local governing body,
which by law has authority to enter into an agreement, authorizing execution of
this Agreement and designating the job title of the individual authorized to sign
on behalf of the local public body.
48. SEVERABILITY If any provisions of this Agreement are found to be unlawful or unenforceable,
such provisions will be voided and severed from this Agreement without
affecting any other provision of this Agreement. To the full extent, however, that
the provisions of such applicable law may be waived, they are hereby waived to
the end that this Agreement be deemed to be a valid and binding agreement
enforceable in accordance with its terms.
49. 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 performance
of the work and for ninety(90)days after completion of the work.
50.STOP WORK NOTICE Immediately upon receipt of a written notice from the Grant Manager to stop
work, the Grantee shall cease all work under this Agreement.
51. sWEATFREE CODE OF a. All Grantees contracting for the procurement or laundering of apparel,
2004/2045 The Waste Tire Amnesty Day Grant Program 9
TR43-04-01
March 25,2005
CONDUCT garments or corresponding accessories, or the procurement of equipment,
materials, or supplies, other than procurement related to a public kvorks contract.
declare under penalty of perjury that no apparel, garments or corresponding
accessories, equipment, materials, or supplies obtained with Grant funds have
been laundered or produced in whole or in part by sweatshop labor. forced Labor,
convict labor, indentured labor under penal sanction, abusive forms of child labor
or exploitation of children in sweatshop labor, or with the benefit of sweatshop
labor, forced labor, convict labor, indentured labor under penal sanction, abusive
forms of child labor or exploitation of children in sweatshop labor. The Grantee
further declares under penalty of perjury that they adhere to the Sweatfree Code
of Conduct as set forth on the California. Department of Industrial Relations
website located at www.dir.ca.ov, and Public Contract Code Section 6108.
b. The Grantee agrees to cooperate fully in providing reasonable access to the
Grantee's records, documents, agents or employees, or premises if reasonably
required by authorized officials of the contracting agency, the Department of
Industrial Relations, or the Department of Justice to determine the Grantee's
compliance with the requirements under-paragraph(a).
52. TERMINATION FOR The CIWMB may terminate this Agreement and be relieved of any payments
CAUSE should the Grantee fail to perform the requirements of this Agreement at the time
and in the manner herein provided. In the event of such termination, the
CIWMB may proceed with the work in any manner deemed proper by the
CIWMB. All costs to the CIWMB shall be deducted from any sum due the
Grantee under this Agreement.
53. TIME IS OF THE Time is of the essence to this Agreement.
ESSENCE
54. UNION ORGANIZING By signing this Agreement, the Grantee hereby acknowledges the applicability of
GC }± 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.
_
55. UNRELIABLE LIST Prior to authorizing a contractor(s)to commence work under this Grant, the
Grantee shall submit to the CIWMB a declaration from the contractor(s), signed
under penalty of perjury, stating that within the preceding three (3) years, none of
the events listed in Section 17050 of'Title 14, California Code of Regulations,
Natural Resources, Division 7, has occurred with respect to the contractor(s). See
www.ciwmb.ca.gov/Regulations/'I'ltlel4/chl.htm#chla5. If a contractor is
placed on the CIWMB Unreliable List after award of this Grant, the Grantee may
be required to terminate that contract.
56. 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 venue. The place where the Agreement is entered into and
place where the obligation is incurred is Sacramento County,California.
b. The laws of California shall govern all proceedings concerning the validity
L-
and operation of this Agreement and the performance of the obligations
2004;2005 The waste Tire Amnesty day Grant Program 10
TR43-04-01
ne___1- 11 11111c
imposed upon the parties hereunder.
57. 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.
58. WORK PRODUCTS The Grantee must provide the CIWMB with copies of all final products identified
in the Work Plan.
59. WORKERS' The Grantee is aware of Labor Code section 3700,which requires every
COMPENSATION/ employer to be insured against liability for Worker's Compensation or to
LABOR CODE 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.
2004/2005 The Waste Tire Amnesty Day Grant Program f 1
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March 25,2005
EXHIBIT B
PROCEDURES AND REQUIREMENTS
Table of Contents
P(we
Introduction ............. ........................................_........... ........................._......._..........................._13
ReportRequirements.......................................................................................... ...............................13
ReportDue Dates ...........................—............ ............................. .................................. .......... ........13
Report and Payment Request Submittal............ ................................................................................13
AnnualProgress Reports.......... ....... ........................................... ........... ....................... .................14-15
Cover Page
Table of Contents
Executive Summary
Project Status
Accomplishments
Financial Status
Grant Payment Request
Fital Report......... .......__........... ..................... ..................... ........... .......... .......... ...... ........16-17
Cover Page
'Fable of Contents
Executive Summary
Evaluation
Future Intent
Waste Tires Diverted
Photographs
Contractor Summary
Appendices
Grant Payment Request
Grant Payment Conditions ...... ...... ............ ........ ....... ...... ........ .............. .......18
EligibleProject Costs........_........... .........I................... ....... ................_..............I——........... ..........18
IneligibleProject Costs..._.... ............................... .......................... ........... ....... ....... ................_19
Grant Payment Request and Documentation................................ ........ ............................................20
Project Completion and Grant Close-Gut........................................................... .......__......... ..........20
Records and Audit Requirements....................... ....... ........... ........................ ...............................20
20041"200 The Waste Tire Amnesty Day Grant Program
TR43-04-01
March 25,2005
INTRODUCTION The Procedures and Requirements of the California Integrated Waste
Management Board's(('IWMB) Local Government Waste Tire Public Education
and Amnesty Day Grant Program Grant Agreement(Agreement)describes
project and reporting requirements, report due dates, report contents, grant
payment conditions, eligible and ineligible project costs, project completion and
close-out procedures, records and audit requirements.
All documents submitted must be printed double-sided on recycled-content
paper containing at least one hundred percent(100%) post consumer fiber.
Specific pages containing full-color photographs or other ink-intensive graphics
may be printed on photographic paper.
.....................................
REPORT Progress Reports and the Final Report are required by this Agreement.
REQUIREMENTS
Annual Progress Reports:
The Annual Progress Reports must be prepared in accordance with the format
specified ied in the Annual Progress Report section of this document.
Final Report;
The Final Report must be prepared in accordance with the format specified in the
Final Report section of this document.
Note:All reports must be current and approved before Grant Payment Requests
can be processed. Failure to comply with the specified reporting requirements
or the approved work plan may result in the termination of this Agreement or
suspension of any outstanding Grant Payment Requests. An-v problems or delays
must be reported invnediatelv to the Grant Manager.
REPORT DUE DATES Annual Progress Reports:
The Grantee must submit Annual Progress Reports to the Grant Manager based
on the schedule below. The reporting period begins when the Agreement has
been executed and a Notice to Proceed has been issued and received by the
Grantee.
Final Report:
The Final Report and final Grant Payment Request must be submitted by
April 16, 2007. Failure to submit the Final Report and Final Payment
Request,with supporting documentation,by April 16,2007, may result in
forfeiture of reimbursement for expenses that might otherwise have been
eligible for funding under the grant.
..........-1-11...... ................................................. ..............
Deport
Report'buiReporting Period
..............
Annual Report January 31, 2006 Notice to Proceed–December
31, 2005
Annual Report January 31, 2007 January 1, 2006–December 31,
2006
Final Report April 16, 2007 Notice to Proceed–April 16,
2007
REPORT AND PAYMENT Please submit all reports and payment requests to:
REQUEST SUBMITTAL
California Integrated Waste Management Board
2004/2005 The Waste Tire Amnesty Day Grant Program 13
TR43-04-01
r"l—k 1,; Nlnr,
Attn: Boxing Cheng
Special Waste Division, MS# 22
1001 1 Street, P.C), Box 4025
Sacramento, CA 95812-4025
ANNUAL Annual Progress Reports are a requirement of this Agreement and must be prepared
PROGRESS REPORTS in the format specified below.
Report Component Description
Cover Page Include the following:
? Name of the grantee
? Grant number
? Amount of grant award
? Dates of report coverage
Report preparation date
? Disclaimer statement, as follows:
"The statements and conclusions of this report are those
of the Grantee and not necessarily those of the California
Integrated Waste Management Board, its employees, or
the State of California. The State makes no warranty,
express or implied, and assumes no liability for the
information contained in the succeeding text."
Table of Contents Identify report contents and corresponding page numbers.
Executive Summary Provide a brief summary of the project and the status of the
goals and objectives. If the goals and objectives have not
been met, identify the principle reason(s) why.
Project Status Briefly describe the progress of each task in the `Fork Plan
(Exhibit C) including:
? Results achieved
? Problems encountered
Describe any proposed changes to the project and/or schedule
including:
? Changes in Grantee contact information should be
indicated
? Changes or modifications to the Work.Plan
Note: Changes or modifications to the Work.Plan must be
submitted in writing by the Grantee. The Grant Manager
must approve the proposed changes in writing prior to
the Grantee performing the changed work. Only minor
changes will be considered..
2004/2005 The Waste Tire ninesty Day Grant Prograrn 14
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March 25.2005
ANNUAL PROGRESS Accomplishments
RTS Describe the accomplishments achieved during the current
REPORTS
reporting period. Indicate what tasks will be completed in the
(CONTInext reporting period.
Financial Status Provide a comparison of the costs incurred during the
reporting period with the approved Budget(Exhibit D)
including:
? Whether the project is progressing within the approved
Budget
? Proposed changes or modifications to the Budget.
Note: Changes or modifications to the Budget must be
submitted in writing by the Grantee. The Grant Manager
must approve the proposed changes in writing prior to the
Grantee incurring the cost. Only minor changes will be
considered.
Grant Payment Grant Payment Requests may be made upon submittal of an
Request Annual Progress Report.
Grant payments may be requested intermittently throughout
the grant term as long as the Grantee i3 in compliance with all
provisions of this Grant Agreement(e.g.,current with all
reporting requirements).
See"Grant Payment Request and Documentation"section for
payment request requirements.
2004/2005 The Waste Tire Amnesty[lay Grant Program 15
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March 25,2005
FINAL REPORT The Final Report is a requirement of this Agreement and trust be prepared in the
format specified below. The Final Report is due to the Grant Manager by
April 16. 2007. If'requested, the Grantee shall make an oral presentation to the
Board or the Special Waste C'ommittee.
Report Component Description
Cover Page Include the following:
? Name of the grantee
? Grant number
? Amount of grant award
? Dates of report coverage
? Report preparation date
? Disclaimer statement, as follows:
"The statements and conclusions of this report are those
of the Grantee and not necessarily those of the California
Integrated Waste Management Board, its employees, or
the State of California. 'rhe State makes no warranty,
express or implied, and assumes no liability for the
information contained in the succeeding text."
Table of Contents Identify report contents and corresponding page numbers.
Executive Summary Provide a concise summary of the project and its goals and
objectives. Explain how the goals and objectives were
accomplished and, if any goals or objectives were not
accomplished, explain why not.
Briefly describe the completion of each task in the Work flan
including:
"? Results achieved
? Problems encountered
Evaluation describe the methods used to evaluate the project's success
and impact on the community(i.e, surveys, attendance
counts, etc.).
Provide copies of outreach tools used to advertise the project
(i.e. brochures, flyers, etc.).
Report any findings or recommendations that resulted from
the project.
Note: This section must relate direet1v to the evaluation
component of your application,
'1004f2Oo5 "t"he Waste Tire Amnesty Day Grant Program 16
TR43-04-01
March 2S 2005
FINAL_REPORT Future Intent Describe how lessons learned from this project will be
(CONTINUED) applied to future projects.
Waste Tires Report the number of pounds of California waste tires
Diverted collected as a result of this grant and the cost per pound.
Include a summary of facilities that accepted waste tires and
the number of tires finally disposed,recycled,or re-used.
Include supporting documentation.
Photographs If applicable, submit two, 5X7 printed photographs of the
completed project. Pre-construction photographs are highly
recommended,however,not mandatory. Include electronic
copies of photographs on disk.
Contractor List all contractors and subcontractors involved in the
Summary project. For each contractor and subcontractor include the
following information:
Name
? Address
? Concise statement of work completed
? Time period in which the work was completed
? Amount paid
? Complete General Permit,Business and Filings form
(CIWMB 669)
Appendices Include copies of each of the following, if applicable:
? Brochures
? Flyers
? Newspaper articles
? Documents developed using grant funds
Grant Payment The Final Payment Request must be accompanied by the
Request Final Report.
(CIWMB 87)
See "Grant Payment Request and Documentation" section for
payment request requirements.
Note: Final payment will not be issued until the Final
Report is approved by the Grant Manager.
200412005 The Waste"tire:'amnesty Clay Grant Program 17
TR43-04-01
March 25,2005
GRANT PAYMENT Grantee:
Ct7NCllTit)NS
1. The Grantce must submit a completed Grant Payment Request (CIWMB 87) and
supporting documentation as described in "Grant Payment Request and
Documentation.." Payments to the Grantee for grant expenses are made on a
reimbursement basis. Grant payments may be requested intermittently
throughout the grant term. The Grantee must be in compliance with all
provisions of the Grant Agreement before a payment request will be approved.
1 The Grantee must submit the required Annual Progress Reports)/Final Report
and the Grant Manager must approve the report.
3. The Grantee must provide a declaration signed under penalty of perjury by the
Grantee's contractor(s), 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, have occurred with respect to the contractor(s).
www.ciwmb.cA.,�:()yLReL,,tilatiqns/Titlel4/chl.litiii#clila5.
The declaration must be received and approved by the Grant Manager prior to
commencement of work. See"Contractors/Subcontractors" section in Exhibit A
-Terms and Conditions for more information.
CIWMB:
I. CIWMB will reimburse the Grantee for performing only those services specified
in the Budget Itemization and Grant Application. The Grant Manager must
approve any proposed changes in writing prior to the Grantee incurring the cost.
2. CIWMB will withhold and retain ten percent (10%) of each Grant Payment
Request until all conditions stipulated in the Agreement have been satisfied.
Reimbursement of the ten percent(10%) withhold must be requested in the Final
Grant Payment Request.
3. CIWMB will only make payments to the Grantee. It is the Grantee's
responsibility to pay all contractors and subcontractors for purchased goods and
services.
4. CIWMB will make payments to the Grantee as promptly as fiscal procedures
permit. The Grantee can typically expect payment within three to four weeks
from the date a Grant Payment Request is approved by the Grant Manager.
ELIGIBLE PROJECT Eligible costs are expenditures listed in the approved budget and incurred during the
COSTS term of the grant after receiving the Notice to Proceed from CIWMB. Grant monies
only fund expenses incurred during the grant term and described in the Grantee's
approved Budget Itemization. It is the Grantee's responsibility to ensure that all
claimed costs are appropriate by reviewing all contract documents, newsletters, e-
mails, other information updates supplied by the CIWMB, and consulting with the
Grant Manager, All claimed costs to be funded must be directly and clearly related
to implementation and operation of this project or the claim.will not be considered
or paid.
All costs must be directly related to the approved grant project. Costs must be
reasonable and cost-effective.
2004,,2005 The Waste Tire Amnesty Day Grant Pi-ogram 1
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M1 wph 7S 100
INELIGIBLE PROJECT Any costs not directly related to the Local Government Waste Tire Public
COSTS Education and Amnesty Day grant project are ineligible for grant funding or match
money. Ineligible costs include, but are not limited to, the following:
? Costs(claimed as either grant expenses or matching monies) incurred prior to
the receipt of the"Notice To Proceed"or after April 16, 2007
? Costs not identified in the Work Plan (Exhibit C) or approved Budget(Exhibit
D)
? Costs currently covered by another CIWMB funded loan, grant or contract
? Purchasing or leasing of land
? Purchasing or leasing of vehicles by non-governmental agencies
? Overtime costs(except for local government staffing during specially scheduled
evening or weekend events that are pre-approved in writing by the Grant
Manager, when law or labor contract requires overtime compensation)
? Out-of-state travel
? Expenses incurred for meetings, workshops, training, special events,etc.
? Any food or beverages
? Profit or mark-up by the Grantee
? Overhead expenses such as costs for rental/lease of space,utilities, office
supplies, and miscellaneous costs incurred
? Any costs that are not consistent with local, state, and federal guidelines and
regulations
? Cell phones, pagers; personal electronic device, camera's,etc.
? Any personnel costs not directly related to salaries and/or benefits
? Permit, inspection, and use fees
? Interest charges or payments on bonds or indebtedness required to finance the
project
? Bonus payments for early completion of work
? Any personnel costs not directly related to grant-related activities, including
but not limited to those costs incurred as a result of time an employee assigned
to the project funded by the grant does not actually work on the project(e.g.,
use of accrued vacation, sick leave, etc.)Any pre-paid expenditures for future
goods or services delivered beyond the end of the grant term(Exemption: The
Grant Manager may consider approving products purchased in full before the
end of the grant term but delivered after the grant term if the delay is caused
solely by the supplier,and not by the Grantee. The Grantee must request an
exemption in writing and receive approval from the Grant Manager.}
? Fines or penalties due to violation of federal, state or local laws,ordinances, or
regulations
? Travel or per diem costs
? All cost attributable to county or state building licensing and permit fees,
sewer/utility use or unit fees, and/or other building inspection fees
? Maintenance costs
? Any other costs not deemed by the Grant Manager to be reasonable or related to
the purpose of the grant
2004/2005 The Waste Tire Amnesty Day Grant Program 19
TR43-04-01
March 25,2005
GRANT PAYMENT I. Submit a Grant Payment Request (CIWMB 87) with an original signature of the
REQUEST AND individual or his/her designee, as authorized in the resolution. CIWMB will not
DOCUMENTATION approve for payment copies of Grant Payment Requests or faxed Grant Payment
Requests. To obtain the Grant Payment Request ((AWMB 87), see
o—rms1K, 1W MBO 87.doc.
www.c winb.ca.,_,ov/Gt
2. Submit SUPPOi-ting documentation with Grant Payment Request.
? Supporting documentation must include invoices, receipts or purchase
orders containing:
Vendor name, phone number or address, purchase amount and date
Description of goods or services
Proof of payment(e.g., copies of cancelled checks, invoice marked as
paid and receipts)
Note.- Accounting reports can be accel7ted(is pro((f ofpqynzent Y'they
contain check munber, date, vendor name(Ind amount.
? Calculate personnel expenditures for employees, detailing costs by
employee classification, hourly wage, fringe benefit rate, and number of
zl_
hours worked on grant activities.
Note.,1111 costs must be clearly linked to asj)eeific task on the Work Plan and
Budget or the paYinent will not be approved.
3. Submit a Recycled-Content Certification form (CIWMB 74G)completed by the
manufacturcr(s). To obtain the Recycled Content Certification form
(CIWMB 74G), see www.clwmb.ca,gov/Grantsi'Fomis/CIWMB074GTire.doc.
4. Submit an updated General Checklist of Business Permits, Licenses and Filings
form(CIWMB 669). To obtain the General Checklist of Business Permits,
Licenses and Filings form(CIWMB 669), see
www.ci)ymb.ca.l,oviGrants/'F�ot�m-,/C,IW,MB!69.doc.
PROJECT COMPLETION The Grantee must submit a Final Report., final Grant Payment Request, and all
AND GRANT CLOSE- required documentation (including, but not limited to, documentation of any
OUT outstanding grant and documentation demonstrating that the matching requirement
has been satisfied) by April 16, 2007.
The Grant Manager will determine whether all applicable administrative actions and
all work specified in the Work Plan is complete. Upon the Grant Manager's
approval of the Final Report, final Grant Payment Request and all required
documentation, CIWMB will release the ten percent (10%)retention and any
remaining grant funds owed to the Grantee.
RECORDS AND AUDIT This grant is subject to a desk or field audit. See"Audit/Records Access" section 2
REQUIREMENTS in Exhibit A -Terms and Conditions for more information.
2004/'2005 The Waste Tire Amnesty Day Grant Program 20
'FR43-04-01
March 25,2005
EXHIBIT C
WORK PLAN
Timeframe# Task Dese4 i on Product or Results StI ftI.Co tra r (we dates)
1 Pre-Event Planning Phase
-Meetings to coordinate logistics of collection prior to each event Logistics Plan Staff April 2005—
2 April 2006
Education&Outreach Phase
--Develop newsletters and coordinate bulk mail distribution Distribution of bulk Staff April 2005—
newsletter
April 2006
Pd.Advertising in TV
Advertise Events Weekly of Daily Facts
--Targeted outreach(e.g.,agribusiness,community organizations, Phone calls and mailers
etc.)
3
Amnesty Day Event Phase
4 Amnesty Day Events
-- Hold Collection Events; track participation Staff April 2005-
Transport tires during regular business hours to April 2006
4 recycler following event
Post-Event Phase
-- Evaluate each event(periodic reporting); review and Progress reports Staff April 2005-
critique each event with staff Final Report
April 2006
-- Final Report
2004/2005 The Waste Tire Amnesty Day Grant Program 21
TR43-04-01
March 25,2005
EXHIBIT D
BUDGET ITEMIZATION
Pre-Event Planning Phase
... .............................
Task# Category Description Match S Grant$ 'Total
Personnel S 1 Hr. X Flours; Activity
1 Solid Waste Manager 560.63 hr. x 4 his for iagistics planning 243 243;
l
I Route, Supervisors 526/hr. x 8 hrs for logistics planning 2081 �08�
I Customer Service Sup S29.44thr. x 4 hrs for logistics planning 118 118
Sub-Total 560, 5601
Education & Outreach Phase
.......
'Task# , Category' Description Match$ Grant$ Total
2 Personnel S 1 Hr. X Flours;Activity
_. _..- _._. ............. --
Solid Waste,Manager 560.63/hr. x 8 hrs. for newsletter coor. 485 485;
2 Customer Service Sup. 529.44.hr. x 4 hrs. for newsletter coor. 1 18 1 182
2 Public lnf Officer S30.02/hr. x 8 hrs for newsletter,ads.,web site 240' 240;
_..........
2 Soli
243 d Waste Manager S60.63/hr. x 4 hrs. for targeted outreach 243
Services ;
...
Printer Printed materials at est. 25%of cost(4 441 1559 2000
newsletters)
Bulk -__
mailing 'Bulk mail at 25%of cost for 4 newsletters 3000 3000:.
Stab-Total 4527: 1559: 6086'
Amnesty Day Event Phase
Task# '= Category Description Match$ Grant$ Total
3 Personnel S [Jr.X Hours;Activity
3 Truck Drivers S37/hr.(OT) x 64 hrs.for 4 Amnesty Events 2368, 2368
3 Route Supervisors S39./hr. OT x 40 h..__
p ( } hrs. for 4 Amnesty Events 1560 1560
3 Customer Service Reps..S31.551hr.(OT)x 78 hrs. for 4 Amnesty Events 2461 2461
3 Customer Service Sup. S44.16/hr. (OT)x 28 hrs. for 4 Amnesty Events 1 152; 1 155
3 Truck Drivers S24.66/hr. x 24 hrs. for tire transport to recycler 5921 592;
_. _ .. ........_._. ........ ._..._.,
Contractor Est. 140 tons tipped sir,;S60/ton at BAS Tire 8400; 84002
_..
3 Equipment
3 Mileage Roll-off truck cr;52.50/mite x est. 32()miles for
8001 8001.
4 events
_. .... .,_. ..._..... ...__ _ .Soli Tota l '.�.__��. ..,..,.�..�..�.y
L............................................... . 7333 i
1733.` ....................._1...................t
Post-Event Phase
............ __..__ ...... ..._ _..........__. _....__._.__ _
Task# Category Description Match$ Grant S Total
......... .. .,,..... _..._.....__..,,...., . .- _.............. .. ........ . ......
...Y.: t..., .5
4 Personnel S/Hr. X Flours;Activity E
4 Solid Waste Manager 560.63/hr. x 10 hrs. for event review. prog. rpts. I 6061 606
4 Customer Service Sup. 529.44/hr. x 2 hrs. for event review 59, 59
4 Route Supervisors S26/hr. x 2 hrs. for eve'nt reviews 52 >2
Solid Waste Manager S60.63/hr.x 8 hrs. for final report 4851 485
Sub-Trial 1202' 1201
2004/2005 The Waste Tire Amnesty Day Grant Program 22
T'R43-04-01
March 25.2005
Total Project(' sr
2,004/2005 The Waste'Vire Amnesty Day Grant Prrrgrim 23
TR43-04-0l
March 25,2005