Resolution No. 7584t
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RESOLUTION NO. 7584
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A
GRANT AGREEMENT AND GRANT PAYMENT REQUEST BY AND
BETWEEN THE CITY OF VERNON AND THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD FOR A 1999/2000
ENFORCEMENT ASSISTANCE GRANT, GRANT NUMBER'EA10-99-
3281
WHEREAS, on June 6, 2000, the City Council of the City of
Vernon adopted Resolution No. 7544 which approved an Application for an
Enforcement Assistance Grant from the California Integrated Waste
Management Board ("Waste Board") for equipment, training and technical
support expenses in the approximate sum of Fifteen Thousand Five
Hundred Dollars and No Cents ($15,500.00); and
WHEREAS, the Waste Board has notified the City of Vernon that
the grant application has been approved, and the City is designated to
receive Fifteen Thousand Six Hundred Thirty -Nine Dollars and Nine Cents
($15,639.09) for use during the 2000-2001 Fiscal Year; and
WHEREAS, in order to receive the grant funds, the Waste Board
is requiring the City of Vernon to execute a Grant Agreement and Grant
Payment Request form.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Grant Agreement, Grant No. EA10-99-3281, and Grant Payment
Request, a copy of which is attached hereto as Exhibit "A" and made a
part hereof.
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SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Administrator to execute the Grant Agreement and
Grant Payment Request for, and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send the executed Grant
Agreement and Grant Payment Request to:
California Integrated Waste Management Board
Attn: CIWMB Project Manager
8800 Cal Center Drive
Sacramento, California 95826
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and thereafter
the same shall be in full force and effect.
APPROVED AND ADOPTED this 8th day of August, 2000.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
LEONIS C. MAL URG, Ma or
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1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
5 hereby certify that the foregoing Resolution, being Resolution No.
6 7584, was duly adopted by the City Council of the City of Vernon at an
7 adjourned regular meeting of the City Council duly held on Tuesday,
8 August 8. 2000, and thereafter was duly signed by the Mayor of the City
9 of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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13 (SEAL)
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EXHIBIT A
STATE OF CALIFORNIA ; ENVIRONMENTAL PROTECTION AGENCY CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
GRANTAGREEMENT
CIWMB=10 (NEW 10196)
1999/2000 Enforcement Assistance Grant
GRANT RECIPIENT'S NAME
of Vernon
.09
EA10-99-3281
FROM June 30 2000 I To June 30 2001
THIS AGREEMENT is made and entered into on this 30th day of June , 20 00 , by the State of California, acting through the Executive Director of the
California Integrated Waste Management Board (the "State") and City of Vernon (the "Grantee"). The State and the Grantee, in mutual consideration of the
promises made herein, agree as follows:
The Grantee agrees to use this Enforcement Assistance Grant to carry out its solid waste Facilities permit and inspection program.
The Grantee further agrees to abide by the provisions of the following exhibits attached hereto:
Exhibit A - Terms and Conditions
Exhibit A 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'S NAME (PRINT OR TYPE)
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
City of Vernon
SIGNATURE
GRANTEE'S SIGNATURE
II
A"
DATE
TITLE
DATE
Ralph E. Chandler, Executive Director
Citx Admi istrator
(Authonz re resentative
GRANTEE'S ADDRESS (INCLUDE STREET, CITY. STATE AND ZIP CODE)
4305 Santa Be Ave.
Vernon CA 90058
CERTIFICATION OF FUNDING
MOUNT ENCUMBERED BY THIS
PROGRAM/CATEGORY (CODE AND TITLE)
FUND TITLE
AGREEMENT
1999/2000 Enforcement Assistance Grant
IWMA
$15,639.09
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED
FOR THIS AGREEMENT
ITEM
CHAPTER
STATUTE
FISCAL YEAR
3910-101-0387
50
1999
1999l2000
TOTAL AMOUNT ENCUMBERED TO
OBJECT OF EXPENDITURE (CODE AND TITLE)
DATE
$15,639.09
7100-50387-702
I hereby certify upon my own personal knowledge that budgeted funds are available
T.B.A. NO.
B.R. N0.
for the period and purpose of the expenditure stated above.
SIGNATUREOFACCOUNTING OFFICER���
DATE,/YFE
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EXHIBIT A
TERMS AND CONDITIONS
For
Local Enforcement Agency Grant
The California Integrated Waste Management Board conditioned the award of this Agreement
upon 1) the return of this executed Agreement and its required materials within 90 days from the
date of receipt of this Agreement by Grantee, and 2) the full payment by Grantee, within 90 days
from date of receipt of this Agreement, of any outstanding debt(s) owed by the Grantee to the
Board. The grant will not be awarded if Grantee fails to comply with these conditions.
1. Definitions. The following terms used in this Agreement have the meanings given to them below,
unless the context clearly indicates otherwise.
a. "Board" means the California Integrated Waste Management Board.
b. "Executive Director" means the Executive Director of the Board, or his or her designee.
C. "State" means the State of California, including, but not limited to, the Board and/or its
designated officer.
d. "Grant Manager" means the Board staff person responsible for monitoring the grant.
e. "Grantee means the recipient of funds pursuant to this Agreement.
2. Availability of Funds. The Board's obligations under this Agreement are contingent upon and
subject to the availability of funds appropriated for the grant.
3. Payment.
a. Upon execution of this Agreement by both parties, the Board may advance grant funds to
Grantee provided that Grantee, in the sole discretion of the Executive Director, has satisfactorily complied
with the applicable requirements contained in this Grant Agreement Package. The Board may elect not to
advance payment if Grantee has not satisfactorily complied with the applicable terms and conditions of
previous grants.
b. The Statement of Use included in the completed Grant Application Package identifies the
maximum amount of allowable costs for each of the budgeted categories. The Board shall allow the
Grantee to claim expenses for only those services and supplies identified in the Statement of Use at only
those costs specified in it.
C. The Grantee shall carry out the expenditures described in the Statement of Use and shall
obtain the Board's written approval of any changes or modifications. to it.prior to, making the changed
expenditures or incurring the changed cost.
d. Upon receipt of grant funds, the Grantee shall deposit and maintain until expended all
grant funds in a fully insured financial institution. Grantee shall maintain a separate accounting system
for the funds.
4. Stop Work Notice. Immediately upon receipt of a written notice to stop work, the Grantee shall
cease all work under this Agreement.
5. Disputes.
a. Notwithstanding Section 4 hereof, the Grantee shall continue with the responsibilities under
this Agreement during any dispute.
b. If the Grantee and the Executive Director fail to agree on a matter relating to this
Agreement, the Board shall, upon the request of the Grantee or the Executive Director, consider and
make a determination regarding the matter.
C. Notwithstanding this section, the Grantee shall have no right to request that the Board
make any determination regarding any matter committed by this Agreement to the sole discretion of the
Executive Director.
6. Discretionary Termination. The Executive Director shall have the right to terminate this
Agreement at his or her sole discretion at any time upon 30 days' written notice to the Grantee. Within 45
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days of receipt of written notice, Grantee is required 1) to submit a final written report describing all work
performed by the Grantee, 2) to submit an accounting of all grant funds expended up to and including the
date of termination, and 3) to reimburse the Board for any unspent funds.
7. Termination for Cause, The Board may terminate this Agreement and be relieved of any
payments should the Grantee fail to perform the requirements of this Agreement at the time and in the
manner herein provided. In the event of such termination the Board may proceed with the work in any
manner deemed proper by the Board. All costs to the Board shall be deducted from any sum due the
Grantee under this Agreement.
8. Failure to Perform as Required by This Agreement. The Board will benefit from the Grantee's full
compliance with the terms of this Agreement only by the Grantee's (a) investigation and 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, if the Grantee fails to perform as required by this Agreement, the Board shall consider
reimbursing the Grantee only for work performed under the grant which resulted in (a) information, a
process, usable data or a partial 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. The Executive Director shall determine in his or her sole discretion what work
qualifies for reimbursement under this section.
9. Forfeit of Grant Funds/Repayment of Funds Improperly Expended. If grant funds are not
expended, or have not been expended, in accordance with this Agreement, or if real or personal property
acquired with grant funds is not being used, or has not been used, for grant purposes in accordance with
this Agreement, the Executive Director, at his or her sole discretion, may take appropriate action under
this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the
grant funds and/or to repay to the Board any funds improperly expended.
10. Audit. The Grantee agrees that the Board, 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, 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 form, travel expense log, paid
warrants, contracts and change orders, and invoices and/or canceled checks.]
11. Contractors/Subcontractors. The Grantee will be entitled to make use of its own staff and such
contractors and subcontractors as are mutually acceptable to the Grantee and the Board. Any change in
contractors or subcontractors must also be mutually acceptable to the parties. Upon termination of any
such contract, the Grantee will notify the Grant Manager for the Board immediately. All provisions of
these Terms and Conditions shall apply to contractors and subcontractors.
12. 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 30
days after completion of the work.
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13. Publicity and Acknowledgement. The Grantee shall acknowledge the Board'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.
14. Confidentiality/Public Records. The Grantee and the Board acknowledge that each party may
come into 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, Chapter 3.5 of Division 7 of Title 1 of the California
Government Code (commencing with Section 6250). The Board 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 Board, but only to the extent that
such information or data is exempt from disclosure under the California Public Records Act.
15. Ownership of Drawings, Plans and Specifications.
a. The Board shall have separate and independent ownership of all drawings, design plans,
specifications, notebooks, tracings, photographs, negatives, reports, findings, recommendations, data
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 Board upon request. The Board shall have the full right to use
said copies in any manner when and where it may determine without any claim on the part of the
Grantee, its vendors, contractors or subcontractors to additional compensation.
b. The Grantee shall inform its contractors and vendors of the contents of this section and
require them to agree that the Board shall own said copies and use them in any manner it wishes without
paying additional compensation to the Grantee, its vendors, contractors or subcontractors. The Grantee
shall also require its contractors to inform their subcontractors of the contents of this section and require
such contractors to make the same agreement. The Grantee shall include the following or similar
language in any contracts between the Grantee and its contractors for work under the grant which could
result in the production of documents described in this section, and the Grantee shall require its
contractors to include the following or similar language in any such contracts with their subcontractors:
"The parties agree that the California Integrated Waste Management Board (the "Board")
shall have separate and independent ownership of all drawings, design plans,
specifications, notebooks, tracings, photographs, negatives, reports, findings,
recommendations, data and memoranda of every description or any part thereof
developed pursuant to this agreement, in accordance with the terms and conditions of the
Agreement between [insert the Grantee's name] and the Board dated [insert date of this
Agreement]. Copies of such documents shall be delivered to the Board upon request.
The parties agree that the Board shall have the full right to use said copies in any manner
when and where it may determine without any claim on the part of the parties hereto or
their vendors or subcontractors to additional compensation."
16. Copyrights and Trademarks.
a. The Grantee assigns to the Board any and all rights, title and interests to any
copyrightable material or trademarkable material created or developed in whole or in any part with grant
funds, including the right to register for copyright or trademark of such materials. Upon written request by
the Grantee, the Board may, at the Executive Director's sole discretion, give written consent to the
Grantee to retain all or any part of the ownership of these rights.
b. As used herein, "copyrightable material" includes all materials which may be copyrighted
as noted in Title 17, United States Code, Section 102, including the following: 1) literary works, 2) musical
works, including any accompanying words, 3) dramatic works, including any accompanying music, 4)
pantomimes and choreographic works, 5) pictorial, graphic and sculptural works, 6) motion pictures and
other audio visual works, and 7) sound recordings.
C. As used herein, "trademarkable material" means any material which may be registered
as a trademark, service mark or trade name under the California Trademark Law, Chapter 2, Division 6 of
the Business and Professions Code ("B&PC") (commencing with Section 14200). "Trademark" is defined
in B&PC Section 14207. "Service mark" is defined in B&PC Section 14206. "Trade name is defined in
B&PC Section 14208.
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d. The Grantee shall inform its contractors and vendors of the contents of this section and
require them to agree that the Board shall own all copyrightable materials produced pursuant to this
Agreement. The Grantee shall also require its contractors to inform their subcontractors of the contents
of this section and require such subcontractors to make the same agreement. The Grantee shall include
the following or similar language in any contracts between the Grantee and its contractors for work under
the grant which could result in copyrightable material or trademarkable material created or developed in
whole or in any part with grant funds, and the Grantee shall require its contractors to include the following
or similar language in any such contracts with their subcontractors:
"The parties agree that all copyrightable or trademarkable materials (including, but not
limited to, artwork, graphics, literary works, musical works, motion picture and other
audio-visual works, sound recordings, and materials which may be registered as
trademarks, service marks or trade names) developed pursuant to this agreement shall
be the property of the California Integrated Waste Management Board (the "Board"), in
accordance with the terms and conditions of the Agreement between [insert the
Grantee's name] and the Board dated [insert date of this Agreement]."
17. Patents. The Grantee assigns to the Board 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. Upon written request by the
Grantee, the Board may, at the Executive Director's sole discretion, give written consent to the Grantee to
retain all or any part of the ownership of these rights.
18. Real and Personal Property Acquired with Grant Funds.
a. All real and personal property, including equipment and supplies, acquired with grant,
funds shall be used by the Grantee only for the purposes for which the Board 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 Board 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.
19. Grantee's Waiver of Claims and Recourse Against the State. The Grantee agrees to waive all
claims and recourse against the State, its officials, officers, agents, employees. and servants, including,
but not limited to, the right to contribution for loss or damage to persons or property arising out of,
resulting from, or in any way connected with or.incidentto_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.
20. Grantee's Indemnification and Defense of the State. The Grantee agrees toindemnify, defend
and save harmless the State, its officers, agents and employees from any and all claims and losses
accruing or resulting to any and all contractors, subcontractors, suppliers,, laborers, and any other person,
firm or corporation furnishing or supplying work services, materials, or supplies in connection with the
performance of this Agreement, and from any and all claims and losses accruing or resulting to any
person, firm or corporation who may be injured or damaged by Grantee in the performance of this
Agreement.
21. No Agency Relationship Created. The Grantee and the agents and employees of Grantee, in the
performance of this Agreement, shall act in an independent capacity and not as officers or employees or
agents of the State.
22. Assignment. Successors and Assigns.
a. This Agreement may not be assigned by the Grantee, either in whole or in part, without
the Board's prior written consent.
b. The provisions of this Agreement shall be binding upon and inure to the benefit of the
Board and the Grantee and their respective successors and assigns.
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23. Recycling Certification. The Grantee shall certify in writing under penalty of perjury, the minimum,
if not exact, percentage of recycled content, both post consumer waste and secondary waste as defined
in the. Public Contract Code ("PCC"), Sections 12161 and 12200, in materials, goods, or supplies offered
or products used in the performance of this Agreement, regardless of whether the product meets the
required recycled product percentage as defined in the PCC, Sections 12161 and 12200. Grantee may
certify that the product contains zero recycled content. (PCC 10233, 10308.5, 10354)
24. Non -Discrimination Clause. During the performance of this Agreement, Grantee, its contractors
and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee
or applicant for employment because of sex, race, color, ancestry, religious creed, national origin,
physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40),
marital status, and denial of family care leave. The Grantee, its contractors and subcontractors shall
insure that the evaluation and treatment of their employees and applicants for employment are free from
such discrimination and harassment. Grantee, its contractors and subcontractors shall comply with the
provisions of the Fair Employment and Housing Act (Government Code ("GovtC") Section 12990 (a-f) et
seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2,
Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission
implementing GovtC Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California
Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set
forth in full. Grantee, its contractors, and subcontractors shall give written notice of their obligations under
this clause to labor organizations with which they have a collective bargaining or other Agreement.
25. Americans With Disabilities Act. The Grantee assures the State that it complies with the
Americans with Disabilities Act ("ADA") of 1990, which prohibits discrimination on the basis of disability,
as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et
seq.)
26. Drug -Free Workplace Certification.
a. By signing this Agreement, the Grantee certifies under penalty of perjury to be in
compliance with California Government Code Section 8355 in matters relating to providing a drug -free
workplace. The person signing this Agreement on behalf of the Grantee swears that he or she is
authorized to legally bind the Grantee to this certification and makes this certification under penalty of
perjury under the laws of the State of California.
b. As required by California Government Code Section 8355, the Grantee agrees to:
(1) 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.
(2) Establish a drug -free awareness program to inform employees about all of the
following: (a) the dangers of drug abuse in the workplace, (b) the Grantee's policy of maintaining a drug -
free workplace, (c) any available counseling, rehabilitation and employee assistance programs and (d)
penalties that may be imposed upon employees for drug abuse violations.
(3) Require that each employee who works on the grant (a) receive a copy of the
drug -free policy statement of the Grantee and (b) agree to abide by the terms of such statement as a
condition of employment on the grant.
27. National Labor Relations Board Certification. By signing this Agreement, the Grantee certifies
under penalty of perjury that no more than one final unappealable finding of contempt 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.)
28. Child Support Compliance Act. For any agreement in excess of $100,000, the grantee
acknowledges that:
a) the Grantee recognizes the importance of child and family support obligations and shall fully
comply with all applicable state and federal laws relating to child and family support enforcement,
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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.
29. Air or Water Pollution Violation. Under the State laws, the Grantee shall not be: (1) in violation of
any order or resolution not subject to review promulgated by the State Air Resources Board or an air
pollution control district; (2) 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 (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
30. Corporate Qualifications To Do Business In California.
When agreements are to be performed in the state by corporations, the Board will verify that the
corporation is currently qualified to do business in California in order to ensure that all obligations due to
the state are fulfilled.
"Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging
in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some
statutory exceptions to taxation, rarely will a corporation performing within the state not be subject to the
franchise tax.
Both domestic and foreign corporations (those incorporated outside of California) must be in good
standing in order to be qualified to do business in California. The Board will determine whether a
corporation is in good standing by calling the Office of the Secretary of State.
31. 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 Board must be contacted immediately for clarification.
Current State Employees (PCC 10410):
1). 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.
2). 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):
1). 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.
2). 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 12-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)
Members of boards and commissions are exempt from this section if they do not receive payment other
than payment of each meeting of the board or commission, payment for preparatory time and payment for
per diem. (PCC 10430 (e))
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32. Resolution. A county, city, district, or other local public body must provide the Board 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 the agreement.
33. Compliance. The Grantee shall comply fully with all applicable federal, state and local laws,
ordinances, regulations and permits. The Grantee shall provide evidence that all local, state and/or
federal permits, licenses, registrations and approvals for the purposes for which grant funds are to be
expended have been secured. 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.
34. Controlling Law. This Agreement is governed by and shall be interpreted in accordance with the
laws of the State of California.
35. Venue. All proceedings concerning the validity and operation of this Agreement and the
performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County.
The parties hereby waive any right to any other venue.
36. 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.
37. Force Maieure. Neither the Board 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 or flood, or other contingencies unforeseen by the
Board or the Grantee, its contractors, vendors or subcontractors and beyond the reasonable control of
such party.
38. 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 in the Agreement is binding on any of the parties.
39. Time of the essence. Time is of the essence of this Agreement,
40. Unenforceable Provision. In the event that any provision of this Agreement is unenforceable or
held to be unenforceable, then the parties agree that all other provisions of this Agreement have force
and effect and shall not be effected thereby.
41. Communications. All communications from the Grantee to the Board shall be directed to the
Grantee's assigned Grant Manager, California Integrated Waste Management Board, 8800 Cal Center
Drive, Sacramento, CA 95826. All notices required by this Agreement shall be given in writing and sent
by prepaid mail, by personal delivery, or by FAX followed by prepaid mail or personal delivery.
42. 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.
A - 8
C:\WINDOWMTEMP*rant AAA Lea TC 7.00.doc 7/19/00 8:50 AM
-7-
STATE OF CALIFORNIA
GRANT PAYMENT REQUEST
tIWMB 87 (rev. 12/95)
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
SEE INSTRUCTIONS ON BACK
City of Vernon EA10-99-3281''
4. TYPE OF PAYMENT (Attach itemization and documentation) S. PAYMENT REQUEST NUMBER 6. AMOUNT: REQUESTED
❑ REIMBURSEMENT ®ADVANCE ❑FINAL 001 $15,639.05
7. SEND WARRANT TO:
AGENCY / BUSINESS NAME
City of Vernon Health Department
AGENCY / BUSINESS CONTACT
Lewis Pozzebon
AGENCY / BUSINESS MAILING ADDRESS (INCLUDE STREET. CITY, STATE, ZIP CODE)
4305 Santa Fe Avenue, Vernon, CA 90058
CERTIFICATION
8. 1 certify that the above information is correct and that all funds received have been or will be expended in accordance with the approved agreement for
California Integrated Waste Management Board grant funding.
SIGNATURE OF PERSON AUTHORIZED BY RESOLUTION DA
NAME OF PERSON SIGNING AND TITLE (TYPE OR PRINT)
Bruce V. Malkenhorst, City Administrator
*T.� COMEL C MBA AF s.
x +.. ....
..., ,
$
9. AMOUNT OF PAYMENT REQUESTED
10. LESS WITHHOLD (IF APPLICABLE AND AUTHORIZED IN GRANT AGREEMENT)
$
11.OTHER
$
$
12. AMOUNT AUTHORIZED FOR PAYMENT
$
13. COMMENTS
14. DATE RECEIVED
s.
15. CIW MB PROJECT MANAGER APPROVAL
DATE APPROVED
16. CCIIWMB GRANT PROGRAM MANAGER APPROVAL
DATE APPROVED
A - 9
INSTRUCTIONS FOR COMPLETING FORM
1. GRANTEE'S NAME: Agency or business name as it appears on the grant agreement.
1 2. GRANTEE'S INVOICE NUMBER: Number assigned to payment request form by the Grantee (optional).
3. GRANT NUMBER ASSIGNED BY CIWMB: Grant contract number assigned by the CIWMB as it appears on the top right
hand corner of the grant agreement.
4. TYPE OF PAYMENT: Check "reimbursement" if this is a regular payment request; check "advance" only if advance
payment request is accompanied by a letter justifying the request (the advance payment request must be approved by the
CIWMB Program Manager); check "final" when all tasks have been completed.
5. PAYMENT REQUEST NUMBER: Begin with the number 1 on your first request for funds and number all subsequent
requests consecutively.
6. AMOUNT REQUESTED: Amount that is being requested for payment.
7. SEND WARRANT TO: Agency or business name as it appears on the grant agreement. Subsequent lines are for the
contact person's name and mailing address.
8. CERTIFICATION: Signature of the person authorized in the Resolution/Letter of Authorization included with the grantee's
application. Please also type or print this person's name, title and date of signature.
Please mail this form with supporting documents (if applicable) to:
California Integrated Waste Management Board
Attention: (CIWMB Project Manager)
8800 Cal Center Drive
Sacramento CA 95826
The following items will be completed by CIWMB staff.
9. AMOUNT OF PAYMENT REQUESTED: Amount of this payment request.
10. LESS WITHHOLD: Withhold amount authorized in the grant agreement. The CIWMB Project Manager will calculate any
withhold based on the amount of the payment.
11. OTHER: Miscellaneous additions or deductions as determined by the CIWMB Project Manager.
12. AMOUNT AUTHORIZED FOR PAYMENT: Amount authorized by the CIWMB Project Manager for reimbursement on this
payment request.
13. COMMENTS: CIWMB Project Manager's explanation of the miscellaneous additions or deductions of this payment
request, as well as other comments related to this payment request.
14. DATE RECEIVED: Date payment request received by the CIWMB.
15. CIWMB PROJECT MANAGER APPROVAL: Signature and date of the CIWMB Project Managers approval of this
payment request.
16. CIWMB GRANT PROGRAM MANAGER APPROVAL: Signature and date of the CIWMB Grant Program Manager's
approval of this payment request.
A - 10
SUPPORTING
DOCUMENTS
OFFICE OF THE CITY ADMINISTRATOR/CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: August 9, 2000
TO: Lewis Pozzebon, Director of Environmental Health
FROM: Gloria J. Oroa�iief Deputy City Clerk
RE: Grant Agreement and Grant Request for Payment
Transmitted herewith is the Grant Agreement and Grant Request
for Payment for a Solid Waste Local Enforcement Agency
Assistance Grant in the amount of $15,639.09 that was approved
by City Council on August 8, 2000 through Resolution No. 7584.
Please complete said agreement and Request for Payment and mail
to the California Integrated Waste Management Board. A fully
executed agreement must be returned to this office for the
City's records..
Thank you.
STATE OF CALIFORI IA - ENVIRONMENTAL PROTECTION AGENCY
GRANT AGREEMENT
CIWMB110 (NEW 10196) .�
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
1999/2000 Enforcement Assistance Grant
GRANT RECIPIENT'S NAME
of Vernon
EA10-99-3281
0
FROM June 30 2000 1 To June 30 2001
THIS AGREEMENT is made and entered into on this 30th day of June , 20 00 , by the State of California, acting through the Executive Director of the
California Integrated Waste Management Board (the "State") and City of Vernon (the "Grantee"). The State and the Grantee, in mutual consideration of the
promises made herein, agree as follows:
The Grantee agrees to use this Enforcement Assistance Grant to carry out its solid waste Facilities permit and inspection program.
The Grantee further agrees to abide by the provisions of the following exhibits attached hereto:
Exhibit A - Terms and Conditions
Exhibit A 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'S NAME (PRINT OR TYPE)
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
City of Vernon
SIGNATURE GRANTEE'S ATURE
ZA A"
DATE TITLE DATE
Ralph E. Chandler, Executive Director City Administrator Gag
(Author¢ resentatrve
GRANTEE'S ADDRESS (INCLUDE STREET, CITY, STATE AND 2tP C0 E)
4305 Santa Fe Ave.
Vernon CA 90058
CERTIFICATION OF FUNDING
AMOUNT ENCUMBERED BY THIS
PROGRAM/CATEGORY (CODE AND TITLE)
FUND TITLE
AGREEMENT
1999/2000 Enforcement Assistance Grant
IWMA
$15,639.09
(OPTIONAL USE)
PRIOR AMOUNT ENCUMBERED
FOR THIS AGREEMENT
ITEM
CHAPTER
STATUTE
FISCAL YEAR
3910-101-0387
50
1999
1999/2000
TOTAL AMOUNT ENCUMBERED TO
OBJECT OF EXPENDITURE ((;ODE AND TITLE)
DATE
$15,639.09
7100-50387-702
1 hereby certify upon my own personal knowledge that budgeted funds are available
T.B.A. NO.
B.R. No.
for the period and purpose of the expenditure stated above.
SIGNATURE OF ACCOUNTING OFFICER
DATE
16AI CH # V
STATE OF CALIFORNIA
GRANT PAYMENT REQUEST
CIWMB 87 (reir. 12195)
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
City of Vernon
SEE INSTRUCTIONS ON BACK
EA10=99-3,281
4. TYPE OF PAYMENT (Attach itemization and docunwroation) 5. PAYMENT REQUEST NUMBER 5. AMOUN1 "t-UV a I W
❑ REIMBURSEMENT ®ADVANCE ❑FINAL 001 $` 1 5 1 639'.`09
7. SEND WARRANT TO:
AGENCY / BUSINESS NAME
City of Vernon Health Department
AGENCY / BUSINESS CONTACT
Lewis Pozzebon
AGENCY / BUSINESS MAILING ADDRESS (INCLUDE STREET, CITY, STATE, ZIP CODE)
4305 Santa Fe Avenue, Vernon, CA 90058
8. 1 certify that the above intormanon /s correct ano rnar an Tunas receive
California Integrated Waste Management Board grant funding.
SIGNATURE OF PERSON AUTHORIZED BY RESOLUTION
have been or will be expended in
Bruce V. Malkenhorst, City Administrator
DATE SIGNED
I, ,
MBA b.N �
$
9. AMOUNT OF PAYMENT REOUESTED
10. LESS WITHHOLD tIF APPLICABLE AND AUTHORIZED IN GRANT AGREEMENT)
$
11.OTHER
$
$
12. AMOUNT AUTHORIZED FOR PAYMENT
t z:
$
14. DATE RECEIVED
13. COMMENTS
IS..CCC,,II,WMB PROJECT MANAGER APPROVAL
DATE APPROVED
166, MB GRANT PROGRAM MANAGER APPROVAL
DATE APPROVED
CC,IIW