HomeMy WebLinkAboutContracts & Agreements_85-2008_CCv0001.pdf STATE OF CALIFORNIA-ENVIRONMENTAL PROTECTION AGENCY CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
GRANT AGREEMENT
CIWMB1 10(Revised 10W)
GRANT NUMBER
TCA3-07-20
NAME OF GRANT PROGRAM
200712008 Local GoVt Waste Tire Cleanup andAmnesty Event Grant
GRANTEE NAME
City of Redlands
TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NUMBER TOTAL GRANT AMOUNT NOT TO EXCEED
$13,563.00
TERM OF GRANT AGREEMENT
FROM:June 30,2008 TO: June 30,2009
THIS AGREEMENT is made and entered into on this 30th day of May 2008,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(Amnesty Events)
Exhibit B-Procedures&Requirements(Waste Tire Amnesty Events)
Exhibit C-Work Statement Amnesty
Exhibit D—Budget Amnesty
Exhibits A,B,C and D attached hereto and the State approved application are incorporated by reference herein and made a part hereof.
The State agrees to fund work done by the Grantee in accordance with this Agreement up to the Total Grant Amount Not to Exceed specified herein.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the dates entered below.
GRANTEE' (PRINT OR TYPE)
INTEGRATED WASTE MANAGEMENT BOARD City 0 la ,
CALIFORNIACity of Redlands
SIGNATURE OF CIWMB'S AUTHORIZED SIGNATORY SIGNATURE OF GRANTEE:
(AS AUTHORIZW IN RESOLUTION OR LETTER OF DESIGNEE AUTHORIZATION)
,)�3C/ Es' jN
DATE TITLE,/ DATE
/Mayor 6-16-08
Mark Leary,
Exa8bti,�e Director d representa
�j2� Xvthonze Live
7 64� -
GRANTEE'ADDRESS iINCLUD STREET,C 'S ATE AND ZIP CODE)
35 Cajon Street, Suite 200
Redlands CA 92373
CERTIFICATION OF FUNDING
AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY(CODE AND TITLE) FUND TITLE
AGREEMENT
2007/2008 Local Gov't Waste Tire Cleanup and Amnesty Event VRE
Grant
$13,563.00
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED
FOR THIS AGREEMENT T EM CHAPTER STATUTE FISCAL,YEAR
TOTAL AMOUNT ENCUMISEREa TO 3910-101-0226 171 2007 2007/2008
DATE OBiECT OF EXPENDITURE;CODE AND TITLE)
$13,563W 1000-75200-702
I hereby certify upon my own personal knowledge that budgeted funds are available Ta A.NO, B.R.NO,
or the period and purpose of the expenditure stated above. I
TIGNATURF OF C1WrA6 ACCOUNTING C)FPICER: DATE
CALIFORNIA INTEGRATED -_
WASTE MANAGEMENT BOARD ARN01 �'A��,,,NIf�T�T
E
A7F.ltzNT"M C lx NOR
1(t3 1 .1 isl„ ,1c:2 i� "T 7,{::1iIFC}R 1,05814- Pt .t34X42�2 ,4<lc,R 4I.ti"I c),t,:12,iR )Rti[,tt?� 17.•}t? S
(916)W-6000
MARGo REI,D BRowx June 9,2048
CHAIR
MBR0WN CJWMB,CA,Q0V f Gary Van Dorst, Director
(916)341-6051F Quality of Life Department
w �
City of Redlands
P.O. Box 3405
Redlands,CA 92373
WESLEY CHESS BRo
WCC SIIRO@C`,1WMB,CA.G0V RE: Grant Agreement for Fiscal Year 2007-2008 Local Government Waste Tire Cleanup and
(916)341-0039
Amnesty Event Grant Program
I
Dear Mr,Van Dorst:
ROSALIE MULE', Thank you for applying for the Local Government Waste"Tire Cleanup and Amnesty Event Grant.
It492ILFFI<--916)341-0 10" We are pleased to inform.you that your grant application has been approved by the Integrated
(91Ci}341-(i01ii
Waste Management Board(Board)for Fiscal Year 2007-2008.
Enclosed please find a copy of the Grant Agreement that includes the following exhibits:
CHERYL PEACE A. Terms and Conditions(Amnesty Events)
CPEACE@)C1WMH.CA.G0V B. Procedures and Requirements Waste Tire Amnesty Events
(916)341-0010 C. Work Statement(Waste Tire Amnesty Events)
D. Project Budget(Waste Tire Amnesty Events)
GARY PETERSEN Please review the documents, paying particular attention to Exhibit C, Work Statement and
GPETERSEN4?'i1WM8.CA.<z0v Exhibit D, Project Budget. If the documents reflect your proposal and your proposal conforms to
(916)341-0035 Attachment A,Terms and Conditions,please sign and complete the four lines in the"Grantee„
block on the Grant Agreement page. If you have any questions as to whether your entire proposal
conforms to the requirements of the Grant Agreement, please contact me at the number listed
below. Please return only the signed page and a new General Checklist of Business Permits,
Licenses and Filings(Form 669)if there have been any changes to:
Ray Narayan
CIWMB-Grants Administration Unit—MS 9-A
P.O. Box 4025
Sacramento,CA 95812-4025
The remaining pages of the document should be retained for your records. A fully executed copy
of the Grant Agreement will be returned to you with a Notice to Proceed. Please note that the
"Authorized Signature"must the person identified in the original proposal and you are not to go
=$ forward with any work until the Notice to Proceed has been received.
#a�six *0
Also enclosed are the documents required for grant payment reimbursement and the instructions
.�
for completing these forms. "These forms are:
I u
1. Grant Payment Request Form (LIMB 87)
T
{?T,s N:9...;INIP 71 11`ic}a'.11 '.SUMER .4.E'7 .t,X:R�SED CHLOR;1NI PRIz Yui PEx"
CALIFORNIA INTEGRATED
S.AiIAMS ARNO,DS,111%ARN'l
Sl-umIARYFO ENIVIRONMINIAI GOVVRNOR
WASTE MANAGEMENT BOARD
1001 1 STREET,SACRAMENTO,CALIFORNIA 95814- P,OBOX 4025,SACRAMENTO,CALIFORNIA 95812-4025
(916)341-6000-w%,w.ciwmB.CA.GOV
MARGO RErD BRowN July 1,2008
CHAIR
\4BR0WN@CIWI,4B.CA.00V
Gary Van Dorst,Director
(916)341-6051
Quality of Life Department
City of Redlands
P.O. Box 3005
Redlands,CA 92373
WESLEY CRESBRO
WCHESBRO 01ZCIWM- B.CA.GOV RE: Notice to Proceed for Fiscal Year 2007/2008 Local Government Waste Tire
(916)341-6039
Cleanup and Amnesty Event Grant Program, TCA3-07-20
Dear Mr. Van Dorst.
RosALiE MULE
R',4ULE@CIW\4B,CA,G0V Enclosed please find a fully executed copy of the grant agreement for the City of
(916)341-6016 :1 Redlands waste tire amnesty events. Please attach this grant agreement to the grant
package previously mailed to you.
CHERYL PEACE This notice authorizes you to proceed with the tire cleanup work as stated in the grant
CPEACE@CIWN1B.CA.GOV agreement. Please keep in mind that a"Request for Approval" is needed for any changes
(916)341-6010 or modification to the errant agreement's Exhibit C, Work Statement. Failure to do so is
considered a violation of the Terms and Conditions(Section 3b), and the Board may deny
reimbursement for the cost incurred.
GARYPETERSEN j Your cooperation in keeping this office appraised of any changes to your address,
GPETERSEN@CIW'N1B,CA.GOV 1
(916)341-6035 telephone number, or other pertinent deviations from the information the Board has on
file is greatly appreciated. Please direct all future correspondence to my attention.
I 'd you have any questions, picasc zall —.c a, '9"' -41-44480
.
Shou,
L k I vj.D
I Sincerely,
Diane Nordstrom
Solid Waste and Tire Cleanup Programs, Waste Compliance and Mitigation Program
Attachment: Grant Agreement
NSA
ORICNALPRIP,rrED014 W%ftA'iX)NNUMERaME,%T
EXHIBIT A
TERMS AND CONDITIONS
Amnesty Event Grant Program
Fiscal Year 2007108 (Cycle TCA3)
This grant may not be funded 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 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 Amnesty Event Grant Program.
• "State" means the State of California, including,but not limited to,the CIWMB and/or its
designated officer.
1. ACKNOWLEDGMENTS The Grantee shall acknowledge the CIWMB's support each time projects funded,
in whole or in part,by this Agreement are publicized in any medium, including,
but not limited to,news media,brochures,or other types of promotional
materials. The acknowledgement of the CIWMB's support must incorporate the
CIWMB logo and state"Funded by a Grant from the California Integrated Waste
Management Board.Zero Waste—You Make It Happen!" Initials or
abbreviations for the CIWMB shall not be used. The Grant Manager may
approve deviation from this prescribed language on a case-by-case basis where
such deviation is consistent with the CIWMB's Communication Strategy and
Outreach Plan. If,subsequent to 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. ADvERnsi"PuBuc 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: V (year of creation) by the California
Integrated Waste Management Board(CIWMB).All rights reserved. This
publication,or parts thereof,may not be reproduced without permission from
CIWMB.11
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 reviewd
.�romulgaIe by
revised 511212008-Competitive Ps 8 Cs 1
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
air or water pollution.
4• AMENDMENT No amendment or variation of the terms of this Agreement shall be valid unless
made in writing, signed by the parties,and approved as required. No oral
understanding or agreement not incorporated into this Agreement is binding on
any of the parties. This Agreement may be amended, modified or augmented by
mutual consent 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 Grantee, by signing this agreement,hereby certifies that if these services or
goods are obtained by means of a competitive bid,the Grantee shall comply with
the requirements of the Government Code Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1). "Public purchase" means a purchase by means of competitive bids of
goods,services,or materials by the State or any of its political
subdivisions or public agencies on whose behalf the Attorney General
may bring an action pursuant to subdivision(c)of Section 16750 of the
Business and Professions Code.
2). "Public purchasing body" means the State or the subdivision or agency
making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body,the bidder offers and agrees
that if the bid is accepted, it will assign to the purchasing body all rights,
title,and interest in and to all causes of action it may have under Section 4 of
the Clayton Act(15 U.S.C. Sec. 15)or under the Cartwright Act(Chapter 2
(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, Im the expenses incurred in obtaining that
portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor,the assignee shall, within one year
from such demand,reassign the cause of action assigned under this part if
the assignor has been or may have been injured by the violation of law for
which the cause of action arose and(a)the assignee has not been injured
thereby_,or(b)the assignee declines to file a court action for the cause of
revised 511212008-Competitive T's&Cs 2
action. See Government Code Section 4554.
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. AUDITIRECORDS 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, contractors and subcontractors.
Examples of audit documentation include, but are not limited to: expenditure
ledger,payroll register entries and time sheets,personnel expenditure summary
form, travel expense log,paid warrants, contracts, change orders, invoices,
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
and contact information of the authorized representative.
10. AVAILABILITY OF The CIWMBs 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 eamings,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 shall be given in writing by E-mail, letter,or FAX to the Grant
Manager as identified in Exhibit B—Procedures and Requirements. If an original
document is required,prepaid mail or personal delivery to the Grant Manager is
required following the E-mail or FAX.
revised 5112/2008-Competitive T's b Cs 3
13. COMPETITIVE BIDDING The CIWMB encourages Grantees to use a competitive bidding process,or to
require and maintain on file a written justification for any exceptions thereto,
when contracting for services required under this Agreement.
14, COMPLIANCE The Grantee shall comply fully with all applicable federal,state, and local laws,
ordinances, regulations,and pen-nits. 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/GrantsiForms/CIWMB669.doc,
15. 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.
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 the decision-making process relevant to the contract while
employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment,
no former state officer or employee may enter into a contract with any state
agency if he or she was employed by that state agency in a policy-making
position in the same general subject area as the proposed contract within the
twelve month period prior to his or her leaving state service.
If the Grantee violates any provisions of above paragraphs,such action by the
Grantee shall render this Agreement void. (PCC § 10420).
16. CONTRACTORS/ Contractor: A person or entity that contracts with the Grantee to perform eighty
SUBCONTRACTORS/ percent(80%)or more of the work required by this Agreement, including, but
VENDORS— not limited to,any requirements imposed by the CIWMB.
DEFINITIONS Subcontractor: A person or entity that contracts with the Grantee or Contractor
to perform a portion(less than eighty percent [801/o])of the work required by this
Agreement, including, but not limited to,any requirements imposed by the
CIWMB.
revised !1212008-Competitive T's&Cs 4
Vendor: A person or entity that contracts to sell goods; the sale of services is
expressly excluded from this definition.
17. 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 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 CIWMB for the acts and omissions of its contractors and
subcontractors and of persons either directly or indirectly employed by any of
them as it is for the acts and omissions of persons directly employed by the
Grantee. The Grantee's obligation to pay its contractors and subcontractors is an
independent obligation from the CIWMBs 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.
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18. COPYRIGHTS AND a. To the extent the Grantee shall have the legal right to do so, Grantee shall
TRADEMARKS assign to the CIWMB 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,the CIWMB 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 fights, both assigned and retained,shall include the right
to register for copyright or trademark of such materials.Grantee shall require
that its contractors and subcontractors agree that all such materials shall be
the property of the CIWMB. The Grantee is responsible for obtaining any
necessary licenses, permissions, releases or authorizations to use text, images
or other materials owned,copyrighted or trademarked by third parties and for
assigning such licenses, permissions,releases, or authorizations to the
CIWMB pursuant to this section. Copies of any licenses,permissions,
releases or authorizations obtained pursuant for the use of text, images or
other materials owned,copyrighted or trademarked by third parties shall be
provided to the Grant Manager. Under unusual and very limited
circumstances, where to do so would not conflict with the rights of the
CIWMB and would serve the public interest, upon written request by the
Grantee,the CIWMB may give,at the Executive Directoes sole discretion,
written consent to the Grantee to retain all or any part of the ownership of
these rights.
b. The CIWMB hereby grants to the Grantee a royalty-free,nonexclusive,
nontransferable world-wide license to reproduce,translate,and distribute
copies of the copyrightable materials produced pursuant this Agreement, for
nonprofit,non-commercial purposes,and to have or permit others to do so on
the Grantee's behalf. This license is limited to the copyrightable materials
produced pursuant to this Agreement and does not extend to any materials
capable of being trademarked. The following shall appear on all intellectual
property used by Contractor pursuant to this license, solely for the purpose of
protecting the CIWMB's intellectual property rights therein: "0 fyear of
creations by the CaliforniaIntegrated Waste Management'Board
. (CIWMB).
revised 511212008-Competitive T's Cs 5
Used pursuant to license granted by CIWMB. All rights reserved. This
publication,or parts thereof, may not be reproduced without permission."
19. 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 23 101 as actively engaging in any transaction for the purpose of
financial or pecuniary gain or profit.
20. DISCLAIMER OF The CIWMB makes no warranties,express or implied, including without
WARRANTY limitation, the implied warranties of merchantability and fitness for a particular
purpose, regarding the materials,equipment,services or products purchased,
used,obtained and/or produced with funds awarded under this Agreement,
whether such materials,equipment,services or products are purchased, used,
obtained and/or produced alone or in combination with other materials,
equipment,services or products. No CIWMB employees or agents have any
right or authority to make any other representation, warranty or promise with
respect to any materials,equipment,services or products,purchased, used,
obtained,or produced with grant funds. In no event shall the CIWMB be liable
for special, incidental or consequential damages arising from the use,sale or
distribution of any materials,equipment, services or products purchased or
produced with grant funds awarded under this Agreement.
21. DISCRETIONARY The Executive Director shall have the right to terminate this Agreement at his or
TERMINATION 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,that the Grantee will comply with
CERTIFICATION the requirements of the Drug-Free Workplace Act 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: (1)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
revised 5112,12008--Competitive T's&Cs
26. 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,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
AS REQUIRED BY THIS 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 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 Grant Manager determines that the Grantee has not complied with the
Grant Agreement,the Grantee may forfeit the right to reimbursement any grant
funds not already paid by the CIWMB, including, but not limited to,the ten
percent(10%)withhold.
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, fire,explosion, riot,war,
rebellion,sabotage,flood,or other contingencies unforeseen by the CIWMB or
the Grantee, its contractors,vendors,or subcontractors,and beyond the
reasonable control of such party.
30. FORFEIT OF GRANT If grant funds are not expended,or have not been expended, in accordance with
FUNDSIREPAYMENT 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, including, but
not limited to,the ten percent(10%)withhold,and/or to repay to the CIWMB
any funds improperly expended.
31. GENERALLY ACCEPTED The Grantee is required to use Generally Accepted Accounting Principles in
ACCOUNTING documenting all grant expenditures.
PRINCIPLES
revised 511212008-Competitive T's Cs 7
32. GRANT MANAGER'S The Grant Manager does not have the authority to approve any deviation from or
AUTHORITY revision to the"Perms and Conditions(Exhibit A)or the Procedures and
Requirements(Exhibit B), unless such authority is expressly stated in the
Procedures and Requirements(Exhibit B).
33. GRANTEE The Grantee is ultimately responsible and accountable for the manner in which
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 funds are owed to the CIWMB,the Grantee is
responsible for repayment of the funds to the CIWMB.
34. GRANTEE'S The Grantee agrees to indemnify,defend and save harmless the State and the
INDEMNIFICATION AND CIWMB,and their officers,agents and employees from any and all claims and
DEFENSE OF THE losses accruing or resulting to any and all contractors,subcontractors, suppliers,
STATE 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.
35. GRANTEE'S A written amendment is required to change the Grantee's name as listed on this
NAMECHANGE 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.
36. NATIONAL 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.)
37. 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
38. NO WAIVER OF RIGHTS The CIWMB shall not be deemed to have waived any rights under this
Agreement unless such waiver is given in writing and signed by the CIWMB.
No delay or omission on the part of the CIWMB in exercising any rights shall
operate as a waiver of such right or any other right. A waiver by the CIWMB of
a provision of this Agreement shall not prejudice or constitute a waiver of the
CIWMB's right otherwise to demand strict compliance with that provision or any
other provision of this Agreement. No prior waiver by the CIWMB,nor any
course of dealing between CIWMB and Grantee,shall constitute a waiver of any
ofCIWMB's rights or of any of Grantee's obligations as to any future
transactions. Whenever the consent of the CIWMB is required under this
Agreement, the granting of such consent by the CIWMB in any instance shall not
constitute continuing consent to subsequent instances where such consent is
required and in all cases such consent may be granted or withheld in the sole
discretion of the CIWMB.
revised 519212008-Competitive T's&C's 8
39. 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
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.)
40. 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 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.
41. PATENTS The Grantee assigns to the CIWMB all rights,title,and interest in and to each
invention or discovery that may be capable of being patented,that is conceived
of or first actually reduced to practice in the course of or under this Agreement,
or with the use of any grant funds. Such assignment shall include assignment of
any patents registered with the United States Patent and Trademark Office.
Grantee further agrees to cooperate with and assist the CIWMB in the
preparation of any patent application. Under certain unusual and very limited
circumstance, where to do so would not conflict with the rights of the CIWMB
and would serve the public interest, upon written request by the Grantee,the
CIWMB may give,at the Executive Director's sole discretion, written consent to
the Grantee to retain all or any part of the ownership of these rights.
42. PAYMENT a. The 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. The CIWMB 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
term 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 Budget, and shall obtain the Grant
Manager's written approval of any changes or modifications to the Work
Plan,approved project as described in the Grant Application or the Budget
prior to performing the changed work or incurring the changed cost. If the
Grantee fails to obtain such prior written approval,the Executive director,
at his or her sole discretion, may refuse to provide funds to pay for such
work or costs.
c. The Grantee shall request reimbursement in accordance with the procedures
described in the Procedures and Requirements.
d. Ten percent(10%)will be withheld from each Payment Request and paid at
the end of the grant term,when all reports and conditions stipulated in this
Agreement have been satisfactorily completed. Failure by the Grantee to
revised 511211008-Competitive is 6 Cs 9
satisfactorily complete all reports and conditions stipulated in this
Agreement may result in forfeiture of any such funds withheld pursuant to
the CIWMB's ten percent(10%)retention policy.
e. Lodgings, Meals and Incidentals: Grantee's Per Diem eligible costs are
limited to the amounts authorized in the California State Administrative
Manual(contact your Grant Manager for more information).
f. Payment will be made only to the Grantee.
g. Reimbursable expenses shall not be incurred unless and until the Grantee
receives a Notice to Proceed as described in Exhibit B--Procedures and
Requirements.
43. 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.
44. PERSONNEL COSTS If there are eligible costs pursuant to Exhibit B, Procedures and Requirements,
any personnel expenditures to be reimbursed with grant funds must be computed
based on actual time spent on grant-related activities and on the actual salary or
equivalent hourly wage the employee is paid for his or her regular job duties,
including a proportionate share of any benefits to which the employee is
entitled, unless otherwise specified in the Procedures and Requirements(Exhibit
B).
45. REAL AND PERSONAL a. All real and personal property, including equipment and supplies,acquired
PROPERTY ACQUIRED with grant funds shalt 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. In no event shall the length
of time during which such property, including equipment and supplies,
acquired with grant funds, is used for the purpose for which the CIWMB
approved its acquisition be less than five(5)years after the end of the grant
term,during which time the property,including equipment and supplies,
must remain in the State of California.
b. Subject to the obligations and conditions set forth in this section,title to all
real and personal property acquired with grant funds, including all equipment
and supplies,shall vest upon acquisition in the Grantee. The Grantee shall
execute all documents required to provide the CIWMB with a purchase
money security interest in any real or personal property, including equipment
and supplies,and it shall be a condition of receiving this grant that the
CIWMB shall be in first priority position with respect to the purchase money
security interest on any such property acquired with the grant funds,unless
pre-approved in writing by the Grant Manager that the CIWMB will accept a
lower priority position with respect to the purchase money security interest
on the property. Grantee shall inform any lender(s)from whom it is
acquiring additional funding to complete the property purchase of this grant
condition.
c. The Grantee may not transfer Title to any real or personal property, including
equipment and supplies,acquired with grant funds to any other entity without
the express authorization of the CIWMB.
d. The CIWMB will not reimburse the Grantee for the acquisition of equipment
that was previously purchased with CIWMB grant funds, unless the
revised 5/12/2008-Competitive T's S C's 10
acquisition of such equipment with grant funds is pre-approved in writing by
the Grant Manager. in the event of a question concerning the eligibility of
equipment for grant funding,the burden will be on the Grantee to establish
the pedigree of the equipment.
48. 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.ciwmb.ca.p,ov/Grants/Forms/CIWMB074G.doc.
47. 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.
48. 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. og v/BuyRecycled/StateAI2encyf. If the Grantee
cannot purchase BCPs,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.
49. 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.
50. REDUCTION OF WASTE Unless otherwise provided for in this Agreement, in the performance of this
TIRES Agreement,for all purchases made with grant funds, including,but not limited to
equipment and tire-derived feedstock,the Grantee shall purchase and/or process
only California waste tires and California waste tire-derived products.As a
condition of final payment under this Agreement,the Grantee must provide
documentation substantiating the source of the tire materials used during the
performance of this Agreement to the Grant Manager.
51. 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.
52. 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.
53. SELF ASSESSMENT The Grantee shall submit with its Final Report a completed and signed Self
CHECKLIST Assessment Checklist Form,which is designed to aid the Grantee and the
CIWMB in measuring compliance with grant administrative requirements.
54. sEvERABIUTY 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
revised 511212008—Competitive T's S C's f 1
3
�T
the end that this Agreement be deemed to be a valid and binding agreement
enforceable in accordance with its ten-ns.
55. 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,or until all
issues related to the grant project have been resolved.
56. 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.
57. SWEATFREE CODE OF a. All Grantees contracting for the procurement or laundering of apparel,
CONDUCT garments or corresponding accessories,or the procurement of equipment,
materials,or supplies,other than procurement related to a public works
contract,declare under penalty of perjury that no apparel,garments or
corresponding accessories,equipment, materials, or supplies obtained with
Grant funds have been laundered or produced in whole or in part by
sweatshop labor, forced labor,convict labor, indentured Iabor 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 it adheres to the Sweatfree Code of Conduct as
set forth on the California Department of Industrial Relations website located
at www.dir.ca.gav,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 CIWMB or its agent,the
Department of Industrial Relations,or the Department of Justice to
determine the Grantee's compliance with the requirements under paragraph
56. 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. Termination pursuant to this section may result
in forfeiture by the Grantee of any funds retained pursuant to the CIWMB's ten
percent(10%)retention policy.
59. TIME IS OF THE Time is of the essence to this Agreement.
ESSENCE
60. TOLLING OF STATUTE The statute of limitations for bringing any action,administrative or civil,to
OF UWTATION$ enforce the terms of this Agreement or to recover any amounts determined to be
owing to the CIWMB as the result of any audit of the grant covered by this
Agreement shall be tolled during the period of any audit resolution, including any
appeals by the Grantee to the Executive Director and/or the Board.
64. 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 funds disbursed by this grant will be used to assist, promote,or
deter union organizing by employees performing work under this Agreement.
revised 511212008-Competitive T's s C's 12
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.
62. 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,ciwiiib.ca�ov/Regulations/Titlel4/ciii.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.
63. 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 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.
64. 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.
65. WORK PRODUCTS The Grantee must provide the CIWMB with copies of all final products identified
in the Work Plan.
66. 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.
revised 511212008-Competitive T's&Cs 13
EXHIBIT B
PROCEDURES AND REQUIREMENTS
Waste Tire Amnesty Event Grant Program
Fiscal Year 2007/08 (Cycle TCA3)
1. Introduction. These Procedures and Requirements for the 2007/08 Waste Tire Amnesty Event Grant
Program (Grant Program)set forth the policies and procedures for administering the Grant awarded through
the California Integrated Waste Management Board's (CIWMB)Tire Recycling Grant Program. This
document, which is incorporated by reference into the Grant Agreement(Agreement), describes the
reporting requirements, instructions for obtaining payment of the grant, and fiscal control procedures to be
followed in implementing the CIWMB-funded Grant Program.
2. Public Records, All documents submitted become the property of the CIWMB and are subject to disclosure
under the Public Records Act. Do not submit confidential information.
3. Reliable Contractor Declaration. The Grantee must provide a declaration signed under penalty of perjury by
the Grantee's contractor(s), if any, 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). See"Contractors/Subcontractors"section in Exhibit A—Terms and
Conditions for more information.
The declaration must be received and approved by the CIWMB Grant Manager(Grant Manager)prior to
commencement of work. To obtain the Reliable Contractor Declaration form (CIWMB 168), see
www.ciwmb.ca.gov/Grants/Forms/CIWMB168.doc or www.ciwmb.ca.gov/Grants/Forms/CiWMB168.pdf.
4. Publicity and Acknowledgement. The Grantee shall acknowledge the CIWMB's support each time projects
funded, in whole or in part, by this Agreement are publicized in any medium, including, but not limited to,
news media, brochures or other types of promotional 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 Happenl" Initials or abbreviations for the CIWMB
are not allowable without prior written approval from the Grant Manager. 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.
5. Waste Tire Hauling Limits. The Grantee must comply with the hauling and manifest requirements set forth
in Title 14, California Code of Regulations, sections 18461(b)(2)and (3). For purposes of amnesty events,
these regulations provide:
• The Grantee may accept up to 9 waste tires at amnesty events from individuals who are not registered
waste tire haulers.
• Any individual hauling 10 to 20 waste tires must obtain written authorization from the Local Enforcement
Agency prior to the amnesty event date. If the individual has not received written authorization, the
Grantee must report this information on the Unregistered Hauler&Comprehensive Trip Log
Substitution Form (CIWMB 204)and submit the form to the CIWMB within 30 days of acceptance of the
tires,
• If the Grantee accepts more than 20 waste tires from individuals who are not registered waste tire
haulers, then the Grantee must report this information on the Unregistered Hauler&Comprehensive
Trip Log Substitution Form (CIWMB 204)and submit the form to the CIWMB within 30 days of
acceptance of the tires.
• Amnesty Day Events are intended to be date-specific events for the public and are not intended for the
disposal of waste tires from waste tire generating businesses or waste tire haulers[PRC §42954(7)].
Amnesty events 1)allow individuals to bring waste tires to convenient locations for proper management
up to twice per month per location or 2)can consist of a coupon program that allows individuals to bring
in waste tires on specified days.
6. Reports and Correspondence. Send Payment Requests, Final Reports, and other correspondence
concerning your grant to your Grant Manager's attention at:
California Integrated Waste Management Board
Waste Compliance and Mitigation Program
Attn: Diane Nordstrom, MS IOA-18
P.O. Box 4025
Sacramento, CA 95812-4025
7. Grant Payments.
a. General Requirements.
i. Eligible Costs: The CIWMB shall reimburse the Grantee for eligible costs, which include only those
services specified in the approved Work Statement at only those amounts specified in the approved
Budget. Any deviation from the Work Statement and/or Budget must be approved in writing by the
Grant Manager before expenditure for that item is made. In addition, the expenses must be
reasonable and cost-effective. Eligible project expenses may include, but are not limited to, the
following:
• Costs incurred after receipt of the"Notice to Proceed"and prior to June 30, 2009;
The cost of loading tires into transporting vehicles at the waste tire amnesty event;
Any salaries and benefits for personnel who are involved in the administration and oversight of
amnesty events (*See Below);
• The development and distribution of educational materials or advertising of the amnesty events
(*See Below);
• The cost of leasing a vehicle; must be approved in writing by the Grant Manager prior to leasing
the vehicle;
• The cost of transporting waste tires by a waste tire hauler, registered or exempted by the
CIWMB, to a permitted, excluded or exempted waste tire storage facility;
• The cost of recycling waste tires for a specific end use; however waste tires must be
transported to a facility that is approved by the CIWMB to accept waste tires; and
The cost of disposing of waste tires at a CIWMB approved facility.
Project oversight and education and outreach expenses are only reimbursable up to 25%of the
amnesty events grant award.
ii. Ineligible Costs: Ineligible project expenses include, but are not limited to, the following:
• Costs incurred prior to the receipt of the"Notice To Proceed"or after June, 30, 2009;
• Costs not identified in the approved Work Plan (Exhibit C)or approved Budget(Exhibit D),
unless approved in writing by the Grant Manager prior to the costs being incurred;
• Costs currently covered by another CIWMB funded loan, grant or contract;
• Purchasing or leasing of land;
• Purchasing of vehicles;
• Administrative overhead (costs for accounting/budget/finance staff, rental/lease of space,
utilities, copying, and office supplies, etc.);
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
contracts require overtime compensation);
• Costs for obtaining necessary permits and licenses;
• Any costs that are not consistent with local, state, and federal guidelines and regulations;
Cell phones, pagers, personal electronic devices, cameras, and other similar electronic
devices;
• Fines or penalties due to violation of federal, state or local laws, ordinances or regulations;
• Personnel travel or per them costs, unless approved in writing by the Grant Manager prior to
the costs being incurred;
• Activities associated with the preparation of a waste tire cleanup and amnesty event grant
application;
2
• Costs of collecting waste tires from waste tire generating businesses and/or waste tire haulers;
• Costs of collecting waste tires from businesses that are responsible for contracting with
registered waste tire haulers for the removal of their waste tires. If it is determined that the
Grantee has used grant funds for this purpose, costs incurred will be deemed ineligible and
disbursed grant funds associated with these costs must be returned to the CIWMB;
• Costs connected with contractor claims against the Grantee; and
• Any costs that are unrelated to the grant project or unreasonable as determined by the Grant
Manager.
III. To receive payment, the Grantee must submit a completed Grant Payment Request Form (CIWMB
87)and supporting documentation as described below.
iv. Payment will be made to the Grantee only. It will be the responsibility of the Grantee to pay all
contractors and subcontractors for purchased goods and services.
v. The CIWMB will withhold ten percent(10%)from each grant payment until all conditions stipulated
in the Agreement have been satisfied.
b. Submittal of Payment Requests.
I. All Payment Requests must be submitted using a completed Grant Payment Request Form
(CIMWB 87)signed by the authorized individual as designated in the resolution submitted with the
grant application, Payment Requests must be submitted with an original signature. Facsimile or E-
mailed Payment Requests cannot be approved for payment.
ii. Payment Requests must include an itemization of all expenses by task and subtask,as described
in and corresponding to the Work Statement and Budget, along with supporting documentation.
iii. The Grantee must submit an updated General Checklist of Business Permits, Licenses, and Filings
Form (CIWMB 669)with each Grant Payment Request Form (CIWMB 87) if the previous form
requires updating. If the status has not changed, complete section 8 on the Grant Payment
Request Form.
iv. Submit a Recycled-Content Certification Form (CIWMB 74)for all purchases made with Grant
funds as set forth in the Terms and Conditions (if no purchases were made, indicate"not
applicable" in the product description category).
c. Supporting Documentation.
Supporting documentation must be included with the Payment Request(e.g., legible copies of receipts,
cancelled checks, Personnel Expenditures Summaries,and all waste tire manifests). Supporting
documents must contain sufficient information to verify that purchases made or costs incurred are
eligible for payment. Purchase orders and invoices will not be accepted as appropriate documentation
of expenses.
i. Personnel expenditures must be computed on actual time spent on grant-related activities and must
be the actual amount paid to the employee.
For calculating total personnel expense for each employee, the expenditures must be broken down
by the classification(s)of the employee(s),the hourly wage,fringe benefit rate, and the number of
hours worked on grant activities. This must be reflected on the attached Personnel Expenditure
Summary form or a form pre-approved in writing by the Grant Manager, that:
• Records expenditures by classification(s)of the employee(s),source documents(e.g., dated
timesheets), dates worked, hourly wage/rate including benefit(s),number of hours worked,and
grant•related tasks performed;
• Totals(hours multiplied by rate)the personnel expenses claimed for each task. (Please
complete separate forms for each employee);
• Has been signed by the appropriate supervisor. If the form is submitted for a contractor's
personnel, it must be signed by both a supervisor of the contracted entity and the authorized
signatory for the Grantee.
ii. Waste tire manifests must document the precise location where waste tires are cleaned up and
taken for disposal. Global positioning satellite(GPS)coordinates,a street address, longitude and
latitude,or Tire Program Identification(TPID)number are required on every manifest.
8. Final Retaort. Approval of the Final Report by the Grant Manager is mandatory in order for the Grantee to
3
receive final payment of the grant award, which includes release of the ten percent(10%)withhold. This
report is a work product and as such is a condition of the Agreement. The Final Report must be prepared in
the format specified below:
a. Disclaimer: "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.";
b, Table of Contents;
c, A summary of the entire grant project, which states the grant objectives, the number of tires that have
been removed with grant money, the success of the grant program in reducing the number of illegally
disposed waste tires, and how these objectives were accomplished;
d. Any findings, conclusions, or recommendations for follow-up or on-going activities that might result from
the successful completion of the program;
e. A Payment Request requesting final payment and payment of the ten percent(10%)withhold, and the
required supporting documentation (see above); and
f. An updated General Checklist of Business Permits, Licenses, and Filings Form (CIWMB 669).
The Final Report and Final Payment Request must be received by the Grant Manager by September 30,
2009. Failure to submit the Final Payment Request and Final Report,with appropriate documentation,
by September 30,2009, 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.
9. Self Assessment Checklist. The Grantee shall submit with its Final Report a completed and signed Self
Assessment Checklist Form, which is designed to aid the Grantee and the CIWMB in measuring compliance
with administrative requirements.
10. Failure to Comply. Failure to comply with the reporting requirements specified above may result in
termination of this Agreement or nonpayment of any or all outstanding Payment Requests until the Grantee
has satisfactorily completed, by September 30, 2009, the reporting provisions.
11. Release of Funds. Payment Requests will be approved for payment upon determination by the Grant
Manager that the request is complete, accurate, and submitted, as required. Grantee may expect payment
within approximately forty-five (45)calendar days from the date a Payment Request is approved by the
Grant Manager.The Final Report must be approved before the Final Payment Request is approved for
payment. The ten percent(10%)withhold will be released when all conditions stipulated in this Agreement
have been satisfied.
12. Grant Closure. The Grant Manager will close out the grant when 1)the Final Report and Payment Request
are submitted and she/he determines that all applicable administrative actions and all required tasks of the
grant have been completed; or 2)the termination of this Agreement, whichever comes first.
13. Audit/Records Access. The Grantee agrees that the CIWMB, the Department of Finance, the Bureau of
State Audits,or their designated representative(s)shall have the right to review and to copy any records
and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to
maintain such records for possible audit for a minimum of three(3)years after final payment 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. 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.
If an audit reveals that the COMB funds are not being expended, or have not been expended in
accordance with this Agreement, the Executive Director, at his/her sole discretion, may take appropriate
action under this Agreement, at law or in equity, including, but not limited to, requiring the Grantee to forfeit
the unexpended portion of the grant funds and/or to repay the CIWMB any funds improperly expended.
4
STATE OF CALIFORNIA CALIFORNIA INTEGRATED WASTE
CIWMB 243-TCA(New 12/07) MANAGEMENT BOARD
Work Statement Eycktb,�-
2007=LOCAL GOVERNMENT WASTE TIRE AMNESTY EVENT(S)
GRANT APPLICANT NAME: PROPOSED EVENT NAME(S):
Community Tire Recycling Amnesty Days
I Pre-Event Planning Phase $1,098.18 Logistics Plan Staff April2008-
-Meetings to coordinate logistics April 2009
of collection prior to each event
2. Education and Outreach Phase $1,875.00 Distribution of bulk Staff April 2008-
-Develop newsletters and newsletter April 2009
coordinate bulk mail distribution Pd.Advertising in
Advertise Events TV Weekly or Daily
-Targeted outreach(e.g. Facts
agribusiness,community Phone calls and
OrgAniZA&011111, etc. mailers
3. Amnesty Day Event Phase $10,841.87 2 Amnesty Day Staff April 2008-
-Hold Collection events;track Events April 2009
participation
-Transport fires during regular
business hours to recycler
following event.
- Ongoing collection of illegally $2,751.80
dumped tires and load checked
fires.
4. Post-Event Phase $1,515.90 Progress reports Staff April 2008-
- Evaluate each event(periodic Final Report April 2009
reporting);review and critique
each event with staff
TOTAL $18,082.76
Local Government Waste Tim Cleanup and Amnesty Event Grant Program,TCA3 Cycle(FY 2007=)
STATE OF CALIFORNIA CALIFORNIA INTEGRATED WASTE
CIWMB 243-TCA(New 12/07) MANAGEMENT BOARD
Budget
2007/08 LOCAL GOVERNMENT WASTE TIRE AMNESTY EVENT(S)
GRANT APPLICANT NAME:
City of Red*Ws
< E
4511As as,
Quality of Life 17 $62.69 0.7708 1,887.17 0.00 1,887.17
Personnel Director
(project/grant
oversight)* Public Information 4 $37.16 0.5065 223.92 0.00 223.92
Officer
Solid Waste Route 25 $26.01 0.4943 942.59 28.91 971.50
Spvr.
Customer Service 19 $26.53 0.4969 396.00 358.49 754.49
Operations Supvr.
Customer Service 39 $18.92 0.4507 1,070.55 0.00 1,070.55
Tech Il
Solid Waste Truck 92 $20.28 0.4607 0.00 2,725.04 2,725.04
Labor Drivers
(handling tires) (collections)
Solid Waste Truck 32 $20.28 0.4607 0.00 947.84 947.84
Drivers(Amnesty
Day Events
Solid Waste Truck 12 $20.28 0.4607 0.00 355.44 355.44
Drivers(transport
to rec cler
Loa!Goommt Waft Tln CWwwp and Ann"EwM GMM PMWW,TCA3 Cyde(FY 2007108) 10
STATE OF CAUFORNIA CALIFORNIA INTEGRATED WASTE
CMIMB 243-TCA(Now 12/07) MANAGEMENT BOARD
Equipment 40 20.28 0.4607 0.00 1,184.80 1,184.80
Operator I
(Load Check,
Public ROW Illegal
Contracts(removal,transportation, Description:
disposal)
CB Tires Recycling Resources Estimated 70 tons tipped @$60/ton at
BAS Tire(Amnesty Day Event Phase) 0.00 4,200.00 4,200.00
CB Tires Recycling Resources Estimated 18 Tons for tire processing
costs(Recycling of Illegally Dumped 0.00 1,170.00 1,170.00
Tina/Load-Checked Tires
Equipment Costs Description: 0.00 320.00 320.00
Mileage Roll-off truck @ 52.50/mile x est. 160
miles for two Amnesty Day events
Mileage Hauling 6 loads @$2.50/mile x 20 miles 0.00 $300.00 $300.00
round trip(Recycling of Illegally Dumped
Tires/Load-Checked Tires)
Mileage 200 miles x$0.485 (Tire Collection in the 0.00 97.00 97.00
Field/Illegally Dumped Tires
Materials& Supplies Description: 0.00 750.00 750.00
Printed materials Printed materials(2 newsletters)
Education&Advertising* Description: 0.00 1,125.00 1,125.00
Bulk mailing Bulk mailing cost(2 newsletters)
Totals: 4,520.23 13 562.52 18 082.75
�M/ '� � Pt'# _ � P&�+•� �'. n��#. #r#M kk#4 4 iA; k Yew
518,@82.75 13 (d,5 / 3000 = $6.03 -j,5 D
Pmpd oversight edac e0oon, and adv""expenses are only reimburasNe up to 25%of the loth grant amount
Lod Gaw www Wmb Tin CWw aid kmw*EvrM GMM Program,TCA3 Cycle(FY MM) 1 t
NATE OF CALIFORNIA CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
GRANT PAYMENT REQUEST
CIWMB 87(Revised 9107)
Complete the information requested.
1.GRANTEE NAME(AS APPEARS ON GRANT AGREEMENT) .GRANT NUMBER(ASSIGNED BY CIWMB)
}
3.GRANTEE INVOICE NUMBER(OPTIONAL) { 4.PAYMENT REQUEST NUMBER
i
5.TYPE OF PAYMENT REQUEST(ATTACH SUPPORTING DOCUMENTATION) 6,AMOUNT REQUESTED
❑Advance [:]Reimbursement ❑Finai $
7.Send warrant to:
GItAN7E NAME(E.G.,ORGANIZATION/BUSINESS NAME)
CC3NTACT NAME
.111 ..1............._. .._......... ....... _ ..__..........._........_._.__.._._............ ...... _....._............. .,.__......._........_.._........
ADDRESS
CITY STATE ZIP CODE
k
8.Certification of completion of General Checklist of Business Permits, Licenses and Filings(CIWMB 669)
Check one box
_ 11_._._
CIWMB 669 term on file is current and complete
Changes made since last CIWMB 669 form submitted(attach revised CIWMB 669 form)
CIWMB 669 form is not required for this grant cycle
9.l certify, under penalty of perjury under the taws of the State of California, that the above information is true and correct
and that all funds received have been or will be expended in accordance with the approved agreement for California
integrated Waste Management Board(CIWMB)grant funding.
Signature of Signature Authority lAuthorized Designee Date
(as authorized in Resolution or Letter of Authority-LOA)
Print;Fame Title
_
w
a
t.
10.REQUESTED AMOUNT �
11.ADDITIONS OR DEDUCTIONS SUBJECT TO WITHHOLD
li.SUBTOTAL r
13 LESS'WITHHOLD(IF APPLICABLE AND AUTHORIZED IN GRANT AGREEMENT)
._�_..__..._.___..__ —-------._---------
14.
_._._14.ADDITIONS OR DEDUCTIONS NOT SUBJECT TO WITHHOLD
1 S.APPROVED AMOUNT FOR PAYMENT
16.COMMENTS 17.DATE RECEIVED
E
.Approval Signature of CIIF118 Grant Aianager Date approved
Approval Signature of CIW tfB Program Hanager Date Approved
See instructions on reverse side
I
STATE OF CALIFORNIA CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARQ
GRANT PAYMENT REQUEST
CIWMB 87(Revised 9/07)
Instructions for completing form
a:--T t y .'
� .� 1,��.Wr .�.,....
z
1 GRANTEE NAME(AS APPEARS ON THE Organization or business name as it appears on the grant agreement
GRANT AGREEMENT)
2. GRANT NUMBER(ASSIGNED BY CIWMB) Grant number assigned by the CIWMB as it appears on the grant
agreement —
3. GRANTEE INVOICE NUMBER (OPTIONAL) Number assigned to the payment request form by the Grantee
j Start with 1 for the first payment request and number all subsequent
PAYMENT REQUEST NUMBER a ment requests consecutively
..4 f._. . .---.._-. ..._... ... _ _ . P y... -- ..._...._ -. ?` _...... . ..... ............ ...... _ _.. -- .--
Reimbursement-a typical payment request paid on a reimbursement
TYPE OF PAYMENT REQUEST(ATTACH basis
g I Advance-an advance grant where funds are advanced or must have a
SUPPORTING DOCUMENTATION) letter justifying the request for advancement of funds
Final-is the final grant payment request of the project
...........---.. -_.._..._ -- _
j 6. I AMOUNT REQUESTED Amount being requested for payment
ri Grantee's name,contact name, address,city, state, and zip code as it
7. SEND WARRANT TO
appears on grant agreement
CERTIFICATION OF COMPLETION OF Certification by initialing if either;"CIWMB 669 form on file is current
GENERAL CHECKLIST OF BUSINESS and complete"or"Changes made since last CIWMB 669 form
8. PERMITS, LICENSES AND FILINGS I submitted(attach revised CIWMB 669 form)"or"CIWMB 669 form is
(CIWMB 669) �l grant --— --------------
not required for this cycle*
Print or type name and title of person authorized in the
! Resolution/Letter of Authorization included with the Grantee's
9. CERTIFICATION application
j The person authorized in the Resolution/Letter of Authorization
1 included with the Grantee's application must sign and date
10. ( REQUESTED AMOUNT Amount requested by the Grantee
C — Additions or deductions of the requested amount determined by the
� CIWMB Grant Manager that is subject to the withhold(e.g., Based
I ADDITIONS OR DEDUCTIONS SUBJECT upon the submitted supporting documents,the Grantee miscalculates
11. TO WITHHOLD the requested amount. The CIWMB Grant Manager will increase or
decrease the requested amount to calculate a subtotal amount(line
#12)that will be subject to the withhold.)
- -rt --- - - --- -- -- - --- --- ---—--- ---- --- --- —- ----
12. ; SUBTOTAL Total amount subjected to the withhold and calculated by the CIWMB
Grant Manager
13. i LESS WITHHOLD, (IF APPLICABLE AND 1 Withhold amount authorized in the grant agreement and calculated by
i AUTHORIZED IN GRANT AGREEMENT) the CIWMB Grant Manager
j - ! Additions or deductions of the requested amount determined by the
CIWMB Grant Manager that is NOT subject to the withhold(i.e.,
ADDITIONS OR DEDUCTIONS NOT CIWMB Grant Manager would like to increase or decrease the amount
14. SUBJECT TO WITHHOLD paid to the Grantee that is NOT subject to a withhold. For example, at
i ! the end of the grant,the manager would like to release the amount
being withheld to the Grantee.)
15. APPROVED AMOUNT FOR PAYMENT Amount approved for payment by the CIWMB Grant Manager
16. COMMENTS Comments about additions,deductions or general comments related to
this payment request
17. DATE RECEIVED Date payment request was received by the CIWMB
Send grant payment request with supporting:documentation(i.e.invoices and proof of payment)to:
California Integrated Waste Management Board
Attention: (Insert name of assigned CIWMB Grant Manager)
1001 T Street, P.O. Box 4025
Sacramento, CA 95812-4025
2
;TATE OF CALIFORNIA CALIFORNIA INTEG RATED W ix3 i r.
'IWMB 165 (Rev. 09/03) MANAGEMENT BOARD
PERSONNEL EXPENDITURE SUMMARY
4—BEk—
GRANT NU REPORTING&EXPENDITURE CATEGORY GRANTEE EMPLOYER
Total
Task# Name/Classification Date Hours Hourly Rate (Hours Activity
Worked Worked (w/benefits) x Rate)
Totals:
----- —--—---- -------------------------------------------
SUPERVISOR'S SIGNATURE------------ -------GRANTEE SIGNATURE(IF CONTRACTOR TIME CLAIMED) ----
See reverse for instructions and example.
CALIFORNIA INTEGRATED WASTI
CIWMB 165 (Rev. 09/03) MANAGEMENT BOARS
INSTRUCTIONS
Please submit this form or another form with equivalent information when requesting reimbursement for personnel costs,
Grant Number: This is the full number assigned to your grant (found in the upper right corner of your Grant Agreement).
Reporting & Expenditure Category: Indicate the budget category to which the hours are being billed. Use a separate form for each
budget category.
Grantee: This is the entity that was awarded the grant as shown on the Grant Agreement.
Employer: Indicate what entity employs the person(s) listed on this form. This will usually be the grantee or a contractor that is
implementing all/part of the grantee's program. Use a separate form for each employer.
Task Number each task to make it easier to reference.
Name/Classification: Enter the name and classification of the employee.
Date Worked: Indicate every day each employee worked on grant related tasks. List each date separately.
Hours Worked: For each date, indicate how many hours (whole and partial) each employee worked on grant related tasks.
Hourly Rate (w/Benefits): Fill-in the pay rate (including benefits) for each employee.
Total (Hours x Rate): This is the number of hours worked multiplied by the hourly rate.
Activity: Indicate the grant related activity that each employee worked on for each of the dates/hours listed.
Totals: Please total the Hours Worked and Total (Hours x Rate) columns.
Signatures: Forms must be signed by the appropriate supervisor(s). Timesheets submitted for contractor personnel must be signed by a
supervisor at the contracted entity and by the authorized signature authority for the grant.
Example:
Total
Task# Name/Classification Date Hours Hourly Rate (Hours Activity
Worked Worked (w/benefits) x Rate)
I John Doe 8/12/97 2 $10.00 $20.00 Develop newspaper ads for Certified Center Kick-off
Admin. Assistant
2 Jane Doe 9/19/97 5.5 $15.00 $82.50 Staff used oil recycling information booth for Certified Center Kick-off
Used Oil Manager —
3 Jane Doe 9/20/97 3.25 $15.00 $48.75 Respond to requests for used oil information gathered at 9/19/97 event
L Used Oil Manner I I
Totals: 10.75 151.25