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Resolution No. 8712 1 RESOLUTION NO. 8712 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND RATIFYING THE EXECUTION OF AN APPLICATION FOR AN ENFORCEMENT ASSISTANCE GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD 5 6 7 WHEREAS, funds have been established by Public Resources Code 8 Section 43230, and are available from the California Integrated Waste 9 Management Board ("Waste Board") for grants to local enforcement 10 agencies to support solid waste facilities permit and inspection 11 programs; and 12 WHEREAS, the City of Vernon Health Department has been 13 notified by the Waste Board that there will be grant funds available 14 for an EA 16 Grant Cycle from July 1, 2005 to June 30, 2006; and 15 WHEREAS, the City of Vernon Health Department has been 16 appointed as the solid waste local enforcement agency for the City of 17 Vernon and is eligible for the Enforcement Assistance Grant from the 18 Waste Board of approximately Fifteen Thousand Five Hundred Dollars and 19 No Cents ($15,500.00); and 20 WHEREAS, in orqer to receive the Enforcement Assistance 21 Grant, the Waste Board required the Grant Application to be submitted 22 prior to April 29, 2005, and the Director of Environmental Health 23 executed said Application on April 7, 2005, subject to ratification by 24 the City Council; and 25 WHEREAS, by letter dated April 18, 2005, Bruce V. 26 Malkenhorst, City Administrator/City Clerk, has recommended that the 27 execution of the Application to the Waste Board for funds in the amount 28 of Fifteen Thousand Five Hundred Dollars and No Cents ($15,500.00) for 1 equipment, training and technical support expenses be ratified; and 2 WHEREAS, the City Council desires to approve and ratify the 3 grant fund application as executed by the Director of Environmental 4 Health. 5 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 6 CITY OF VERNON AS FOLLOWS: 7 SECTION 1: The City Council of the City of Vernon hereby 8 finds and determines that the recitals contained hereinabove are true 9 and correct. 10 SECTION 2: The City Council of the City of Vernon hereby 11 approves, authorizes and ratifies the submittal to the Waste Board of 12 the Enforcement Assistance Grant Application in the approximate amount 13 of Fifteen Thousand Five Hundred Dollars and No Cents ($15,500.00), a 14 copy of which is attached hereto as Exhibit A and incorporated by 15 reference. 16 SECTION 3: The City Council of the City of Vernon hereby 17 ratifies the execution of the Application by the Director of 18 Environmental Health on behalf of the City of Vernon and hereby 19 authorizes and empowers the Director of Environmental Health to execute 20 in the name of the City of Vernon any and all grant-related documents 21 necessary for the purpose of securing grant funds and to implement and 22 carry out the purposes specified in the Grant Application. 23 SECTION 4: The City Council of the City of Vernon hereby 24 directs the Director of Environmental Health, or his designee, to send 25 a certified copy of this resolution to: 26 I / I 27 / / / 28 I / / - 2 - 1 2 3 4 5 California Integrated Waste Management Board Grants Administration Unit 1001 "I" Street P.O. Box 4025 Sacramento, California 95812-4025 Attn: Liz Huerta, MS #10 SECTION 5: The City Clerk of the City of Vernon shall 6 certify to the passage of this resolution, and thereupon and thereafter 7 the same shall be in full force and effect. 8 APPROVED AND ADOPTED this 27th day of April, 2005. 9 10 11 12 13 ATTEST: ~ ~ ' ~ ~, ~~~.-c/ .- <~ ,LEONIS C. M~G, Ma;!r '--- BRUCE V. MALKENHORST, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - 1 2 3 4 5 6 7 8 9 10 STATE OF CALIFORNIA ) ) ss ) COUNTY OF LOS ANGELES I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8712, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, April 27, 2005, and thereafter was duly signed by the Mayor of the City of Vernon. ~~7 BRUCE V. MALKENHORST, City Clerk 11 12 13 (SEAL) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - EXHIBIT A . . ST ATE OF CALIFORNIA ~ ..... .. . . INTEGRATED WASTE MANAGEMENT BOARD GRANT APPLICATION LOCALENFORCEME~TAGENCYGRANT July 1,2005 to June 30, 2006 EA16 Grant Cycle Local Enforcement Agency (LEA) ~i....y of Vprnon Address, 4305 S. Santa Fe Avenue Zip 90058:~ City Vernon State CA Name & Title of Program Director Lewis J. PO~7-eboT) Phone 323 )583-8811 'llpozzebon@ci.vernon.ca.us e-mal Name of Finance Officer Sharon Johnson Phone 323 )583-8811 e-mrol sjohnson@ci.vernon.ca.us Name of Program Manager Leonard Grossberg Phone 323 )583-8811 e-mail lqrossberg@ci.vernon.ca.us FAX 323)588-4320 Primary Contact Person Leonard Grossberg 'This application must be accompanied by the following: 1. A Statement of Use describing the program's goals or objectives and stating how the grant funds will be used to improve the LEA's solid waste facilities permit and inspection program. 2, A Resolution from the local governing body that designates the position title of the person authorized to execute all grant-related documents for your jurisdiction. The signature of the authorized person is the signature that will be accepted on grant-related documents. A Resolution for a regional LEA must list all participating jurisdiotions, and be accompanied by a letter of authorization from each participating jurisdiction. 3. Environmental Justice Certification: See reverse side of this application~ (Authorized signator must initial.) Certification: I declare, under penalty of perjury, that all information submitted for the CIWMB's consideration for the award of grant funds is true and accurate to the best of my knowledge and belief Printed Name of Authorized Person l.p-wi R J _ Pozzebon Title (authorized in resolution) Director, Environmental Health Phone ~mail lpozzebon@ci.vernon.ca.us Signature Date 1! J /0 r- I I Please see reverse for Environmental Justice Certification II .' " " ~. . . ENVIRONMENt Ai JUSTICE #k -- Applicant certifies that, if awarded a grant, applicant shall, in the performance of the grant eement, conduct its programs, policies and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low income populations of the State. (Authorized signator please initial) il . t' .. ,\ . . CITY OF VERNON HEALTH DEPARTMENT STATEMENT OF USE LEA GRANT EA-16 The goal of our solid waste program is to protect public health, safety and the environment with regard to solid waste facilities within our jurisdiction. The City ofVemon's Health Department intends to use FY2005-2006 LEA Grant- 16 funds to purchase safety equipment, monitoring tools, telecommunications air tiine and accessories for Nextel telephones, computer hardware systems and software , office supplies, provide vehicle maintenance and upkeep, and allow us to attend training and conferences to help us fulfill our LEA responsibilities. Each of these items will facilitate our being able to complete our LEA responsibilities in enforcing the Public Resources Code, Health & Safety Code, and Local Regulations relating to solid waste Management. Employee safety and training is an up-most priority, and many of the expenditures are, geared towards making working conditions as safe as possible, including the purchasing of steel toed footwear, safety bump hats, high visibility vests, and safety monitoring equipment. Lewis J. Pozzebon, R.E.H.S. DirectorlHealth Officer 9c1gLP:SOLIDW ASTEIEAG-16lstatement ofusc.doc SUPPORTING DOCUMENTS f? 9-/ :;l California Integrated Waste Management Board Alan C. Lloyd, Ph.D. Secretary for Environmental Protection Rosario Marin, Chair 1001 I Street. Sacramento, California 95814. (916) 341-6000 Mailing Address: P. 0. Box 4025, Sacramento, CA 95812-4025 www.ciwmb.ca.gov Arnold Schwarzenegger Governor December 13, 2005 RECEIVED DEe 'j 9 2005 Lewis J. Pozzebon Vernon Environmental Health Department 4305 S Santa Fe Ave Vernon, CA 90058-1714 HE:AoLIH DEPARTMENT Dear Mr. Pozzebon: NOTICE TO PROCEED - Used Oil Block Grant (11th Cycle) Grant Number: UBG11-05-193 This letter authorizes you to begin incurring costs related to your ~rant as of November 22, 2005. As noted in the July 7th email, any Used Oil Block Grant 11 Cycle (UBG11) expenditures which occurred prior to the NTP but after July 1, 2005, will be covered by the Procedures and Requirements for the BG10th cycle. Enclosed is a copy of your executed Grant Agreement cover sheet. Refer to Exhibit A: Terms and Conditions and Exhibit B: Procedures and Requirements that were sent to you with the original Grant Agreement for all reporting requirements. Supplemental information is also available on our website at htto:!lwww.ciwmb.ca.aov/UsedOil/Grants/BlocklSuoolemental. For downloadable copies of payment request forms and reporting forms, refer to our website htto:!lwww.ciwmb.ca.aov/HHW/Formsl . Your cooperation in keeping the Used Oil Program up-to~date of any changes to primary contact, your address, telephone number, or other pertinent information will be appreciated. If you have any questions regarding this Grant Agreement, y_our project or the required reports, please contact your Grant Manager, Spencer Fine, at (916) 341-6465. Future correspondence related to this Grant Agreement should be to your Grant Manager'sattention. Sincerely, Steve Jfemandez Steve Hernandez, Supervisor Enclosure: Executed Grant Agreement California Environmental Protection A~ency @ Printed on RecycledPaper Join Governor Schwarzenegger to Keep California Rolling. Every Californian can help to reduce energy and fuel consumption. For a list of simple ways you can reduce demand and cut your energy and fuel costs, Flex Your Power and visit www.fvDOwer.com. STATE OF CAlFORNIA - ENVIRONMENTAL PROTECTION AGENCY GRANt AGREEMENT ClWM$110 (Revised 03/05) CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD I GRANT NUMBER .. UBG11-05.193 NAME OF GRANT PROGRAM 200512006 Used Oil Block Grants. Eleventh Cycle GRANTEE NAME Cit of Vernon TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER TOTAL GRANT AMOUNT NOT TO EXCEED $5,000.00 TERM OF GRANT AGREEMENT FROM: Jul 1, 2005 TO: June 30, 2008 THIS AGREEMENT is made and entered into on this ~ day of Seotember 2005, 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 further agrees to abide by the provisions of the following exhibits attached hereto: Exhibit A. Terms & Conditions Exhibit B - Procedures & Requirements Exhibits A and B attached hereto and the State approved application are incorporated by reference herein and made a part hereof. The State agrees to fund woikdone 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' NAME (PRINT OR TYPE) CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD City of Vernon DATE II'Z2,- ?>0~ TITLE /\ U;f2.~<--hl1... II . J ,-- Authorized senlalive ~.) GRANTEE' ADDRESS (INCLUDE S;~EET, .l(ITY. STATE AND ZIP CODE) '-1 3 ,!:).) .S4 ...'1'A n: /fVr- 1./ cl< ,..n:> N CA Cj'~ c>S 8 MOUNT ENCUMBERED BY THIS GREEMENT CERTIFICATION OF FUNDING PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE 2005/2006 Used Oil Block Grants - Eleventh Cycle OIL $5,000.00 (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT OT Al AMOUNT ENCUMBERED TO DATE $5,000.00 1991 2005/2006 ITEM STATUTE BR NO, DATE California. Integrated Waste Management Board Rosario Marin, Chair 1001 I Street. Sacramento, California 95814. (916) 341-6000 Mailing Address: P. O. Box 4025, Sacramento, CA 95812-4025 www.ciwmb.ca.gov Alan C. Lloyd, Ph.D. Secretary for Environmental Protection Arnold Schwarzenegger Governor CERTIFIED MAIL October 21, 2005 Lewis J. Pozzebon Vernon Environmental Health Department 4305 S Santa Fe Ave Vernon, CA 90058-1714 Re: Used Oil Block Grants 2005/06 (BG11 Cycle) RECEIV,ED OCT 3 1 2005 HEAL.TH DEPARTME'\" Dear Grantee: Congratulations! Enclosed is the grant agreement package that includes the Grant Agreement, Terms and Conditions (Exhibit A), Procedures and Requirements (Exhibit B) and the 90% advanced payment request for all grantees who are eligible for the advance payment option and who requested the Advance Payment Option on their application. As with all other California Integrated Waste Management Board (CIWMB) grant programs, you will receive a Notice to Proceed soon after returning your signed agreement to CIWMB. Please review all of the enclosed documents and the instructions below: , Cl Grant Agreement - Return the signed completed Grant Agreement no later than 90 days from the date of this (etter. After 90 days, the agreement is void, without the option of appeal. 1. Complete the lines entitled: "'Grantee's Signature, Title, Date, and Grantee's Address." Please note the" Authorized Representative" MUST be the person identified in your grant application ~esolution as having signature authority for your jurisdiction(s) for purposes of this grant. If your resolution inclu,des "or designee," you must submit a letter signed by the primary signature authority naming their designee(s). ' 2. Return onlv the Grant Agreement with an original signature, keeping the other contract documents for your file. Upon receipt of the signed Grant Agreement, your CIWMB Grant Manager will process the contract and send you a fully executed copy. 3. Your grant is not final, and you cannot incur any costs, until you receive the fully executed copy of your grant agreement and the Notice to Proceed. Notice to Proceed - A legal notification, called a Notice to Proceed (NTP), will be sent to all Grantees, establishing the effective date you are authorized to begin incurring costs related to your grant. The NTP for BG 11 is expected to be November 2005. California Environmental Protection A~ency @ Printed on Recycled Paper The energy challenge facing California is real, Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our Web site at htto:llwww.ciwmb.ca.20vl STATE OF CAliFORNIA. ENVIRONMENTAL PROTECTION AGENCY GRANT AGREEMENT CIWMB110 (Revised 03105) CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD I GRANT NUMBER UBG11-05-193 NAME OF GRANT PROGRAM 2005/2006 Used Oil Block Grants - Eleventh Cycle GRANTEE NAME Ci of Vernon TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER TOTAL GRANT AMOUNT NOT TO EXCEED $5,000;00 TERM OF GRANT AGREEMENT FROM: Jul 1, 2005 TO: June 30, 2008 THIS AGREEMENT is made and entered into on this 20th day of Seotember 2005, by the State of Califomia, acting through the Executive Director of the Califomia Integrated Waste Management Board (the "State") and City of Vemon (the "Grantee"), The State and the Grantee, in mutual consideration of the promises made herein, agree as follows: The Grantee further agrees to abide by the provisions of the following exhibits attached hereto: Exhibit A" Terms & Conditions Exhibit B - Procedures & Requirements Exhibits A and B attached hereto anrj the State approved application are incorporated by reference herein and made a part hereof, The State agrees to fund work done by the Grantee in accordance with this Agreement up to the Total Grant Amount Not to Exceed specified herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates entered below. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD GRANTEE' NAME (PRINT OR TYPE) City of Vemon SIGNATURE GRANTEE' SIGNATURE AUTHORITY OATE TITLE DATE Mark Leary, Executive Director MOUNT ENCUMBERED BY THIS GREEMENT CERTIFICATION OF FUNDING PROGRAMlCA TEGORY (CODE AND TITLE) FUND TITLE 2005/2006 Used Oil Block Grants - Eleventh Cycle OIL $5,000.00 (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT 3910-602-100 BJECT OF EXPENDITURE (CODE AND TITLE) STATUTE FISCAL YEAR ITEM OT AL AMOUNT ENCUMBERED TO DATE $5,000,00' 1991 200512006 T,B,A, NO, B.R. NO, DATE i Used Oil Block Grant - FY 2005-2006 (11th) Cycle Summary of Enclosures Grant Agreement Exhibit A: Terms and Conditions Exhibit B: Procedures and Requirements Exhibit B2: Index of Website Addresses, Forms and Contact Resources Exhibit C: Special Focus Programs for Used Oil Collection '... EXHIBIT A TERMS AND CONDITIONS Used Oil Block Grant (11th Cycle) for FY 2005 - 2006 This grant may not be funded unless the proposed Grantee meets the following two conditions: 1) Full payment of all outstanding debt( s) owed by the proposed Grantee to the California Integrated Waste Management Board. 2) The proposed Grantee returns a completed and signed Grant Agreement within ninety (90) days from the date of the Grant Agreement package 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 Manag~" means the CIWMB staff person responsible for monitoring the grant. · "Grantee" means the recipient of funds pursuant to this Agreement. · "Program" means the Used Oil Block Grant Program. · "State" means the State of California, including, but not limited to, the CIWMB and/or its designated officer. 1. ACKNOVVLEDGEMENTS 2, ADVERTlSINGI PUBLIC EDUCATION 3. AIR OR VVATER POLLUTION VIOLATION Used Oil Block Grant Program FY 2005/2006 (II th Cycle) The Grantee shall acknowledge the CIWMB's support each time projects funded, in whole or in part, by this Agreement are publicized in any news media, brochures, or other type of promotional material. The acknowledgement of the CIWMB's support must state "California Integrated Waste Management Board. Zero Waste- You Make it Happen!" Initials or abbreviations for the CIWMB shall not be used. The Grantee shall submit copies of all draft public education or advertising materials to the Grant Manager for review and approval prior to the Grantee's use of materials. The Grantee shall submit copies of all draft public education or advertising materials to the Grant Manager for review and approval prior to the Grantee's use of materials. Under the State laws, the Grantee shall not be: a. fu violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; b. 'Subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or c. Finally determined to be in violation of provisions of federal law relating to air or water pollution. 1 relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and b. The Grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 11. 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 communication. 12. COMPLIANCE The Grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The Grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The Grantee shall maintain compliance with such requirements throughout the grant period. The Grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. Any deviation from the requirements of this section shall result in non-payment of grant funds. 13. CONFIDENTlALlTYI PUBLIC RECORDS 14. CONFLICT OF INTEREST Used Oil Block Grant Program FY 2005/2006 (11 th Cycle) With each Payment Request, the Grantee shall submit an updated General Checklist of Permits, Licenses, and Filings (CIWMB 699) available at: www.ciwmb.ca.20v/Grants/Forms/CIWMB669.doc. The Grantee and the CIWMB 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, Government Code ("GC") Section 6250 et seq. 'The CIWMB agrees not to disclose such information or data furnished by the Grantee and to maintain such information or data as confidential when so designated by the Grantee in writing at the time it is furnished to the CIWMB, but only to the extent that such information or data is exempt from disclosure under the California Public Records Act. 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) 9 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 fmancial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of 3 18. CORPORATION QUALIFIED DOING BUSINESS IN CALIFORNIA 19. DISCRETIONARY TERMINATION 20. DISPUTES 21. DRUG-FREE WORKPLACE CERTIFICATION 22. EFFECTIVENESS OF AGREEMENT 23. ENTIRE AGREEMENT 24. ENVIRONMENTAL JUSTICE Used Oil Block Grant Program FY 2005/2006 (11th Cycle) When work under this Agreement is t(> be performed in California by a corporation, the corporation shall be in good standing and cmrently qualified to do business in the State. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. The Executive Director shall have the right to terminate this Agreement at his or her sole discretion at any time upon thirty (30) days written notice to the Grantee. Within forty-five (45) days of receipt of written notice, Grantee is required to: a. Submit a final written report describing all work performed by the Grantee; b. Submit an accounting of all grant funds expended up to and including the date of termination; and, c. Reimburse the CIWMB for any unspent funds. Unless otherwise instructed by the Grant Manager, the Grantee shall continue with its responsibilities under this Agreement during any dispute. The person signing this Agreement on behalf of the Grantee certifies under penalty of peIjury under the laws of California, the Grantee agrees that the Grantee will comply with 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. This Agreement is of no force or effect until signed by both parties. This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire Agreement of the parties. In the performance of this Agreement, the Grantee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the State. 5 31. NO AGENCY RELATIONSHIP CREATEDI INDEPENDENT CAPACITY 32. NON- DISCRIMINATION CLAUSE 33. OWNERSHIP OF DRAWINGS, PLANS, AND SPECIFICATIONS 34. PATENTS 35. PAYMENT Used Oil Block Grant Program FY 2005/2006 (11th Cycle) 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.) 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 CIWMB. c. During the performance of this Agreement, Grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in GC ~~ 12900 et seq. d. The person signing this Agreement on behalf of the Grantee certifies under penalty of perjury under the laws of California that the Grantee has, unless exempted, complied with,the nondiscrimination program requirements (GC ~ 12990 (a-f))and California Code of Regulations, Title 2, Section 8103). e. Grantee shall include the above nondiscrimination and compliance provisions of this section in all contracts to perform work under this Agreement. The State shall have separate and independent ownership of all drawings, design plans, specifications, notebooks, tracings, photographs, negatives, r eports, 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. The Grantee assigns to the State all rights, title, and interest in and to each invention or discovery that may be capable of being patented, that is conceived of or 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 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. a. The Budget, attached to and incorporated herein by reference to this Agreement as Exhibit D, states the maximum amount of allowable costs for each of the tasks identified in the Work Plan, which is attached to and incorporated herein by reference to this Agreement as Exhibit C. The CIWMB shall reimburse the Grantee for only the work and tasks specified in the Work Plan at only those costs specified in the Budget and incurred in the term of the Agreement. b. The Grantee shall carry out the work described on the Work Plan in accordance with the Budget, and shall obtain the Grant Manager's written approval of any changes or modifications to the Work Plan 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. 7 42. REMEDIES 43. RESOLUnON 44. SEVERABILITY 45. SITE ACCESS 46. STOP WORK NOTICE 47. TERMINAnON FOR CAUSE 48. TIME IS OF THE ESSENCE 49. UNION ORGANIZING 50. UNRELIABLE LIST Used Oil Block Grant Program FY 2005/2006 (II th Cycle) Agreement to the Grant Manager. Unless otherwise expressly provided herein, the rights and remedies heretmder are in addition to, and not in limitation of, other rights and remedies tmder 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. A COtmty, 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. If any provisions of this Agreement are fotmd to be tmlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms. 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 thirty (30) days after completion of the work. Immediately upon receipt of a written notice from the Grant Manager to stop work, the Grantee shall cease all work under this Agreement. The CIWMB 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 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. Time is of the essence of this Agreement. By signing this Agreement, the Grantee hereby acknowledges the applicability of GC ~~ 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that: c. No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. d. If the Grantee makes expenditures to assist, promote, or deter union organizing, the Grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that Grantee shall provide those records to the Attorney General upon request. Prior to authorizing a contractor(s) to commence work tmder this Grant, the 9 ",;? ~ EXHIBIT B PROCEDURES AND REQUIREMENTS Used Oil Recycling Block Grant (11th Cycle) for FY 2005 - 2006 Copies of these Procedures and Requirements should be shared with BOTH the Finance Department AND the staff responsible for implementing the grant activities. Important Dates Questions? Where to Send Reports, Payment Requests, etc. ELIGIBLE EXPENDITURES Version 10/05 July 1, 2005............UBG10 (2004/05) Procedures and Requirements shall govern any expenditure of UBG11 funds between July 1, 2005 and Notice to Proceed Fall 2005 (tentative) Grant Term Begins with Notice to Proceed (provisions within UBG11's Grant Agreement become effective) Grant Term Ends Annual Reports Due June 30, 2008 August 15, 2006 August 15, 2007 August 15, 2008 Final Report Due All communication regarding this grant should be directed to the Grant Manager unless otherwise specifically stated. To find the name and telephone number of the Grant Manager, refer to www.ciwmb.ca.Qov/HHW/Grants/Contacts.htm. The Grantee may also call the Special Waste Division at (916) 341-6457. Send Reports, Payment Requests, and all other written correspondence to the Grant Manager's attention at: California Integrated Waste Management Board Special Waste Division Used Oil and HHW Branch - MS #21 P.O. Box 4025, 1001"1" Street Sacramento, CA 95812-4025 Attn: (Grant Manager's name) All costs must be incurred, and payment made, with services provided and goods received during the grant cycle, July 1, 2005 - June 30, 2008). Grantees must meet the minimum requirements at the beginning of the grant cycle to be eligible to expend funds. Eligibility includes having at least one Certified Collection Center per 100,000 residents of the jurisdiction or a curbside collection program which includes used oil collection. Grantees must have all the applicable permits/permits by rule (PBRs) necessary to carry out the activities funded by the block grant and a copy or copies must be submitted with the final report for the cycle. Exhibit B 1 - Page 1 UBG 11 Pre-Approved Expenditures (cont'd) Stormwater Expenses Version 10/05 o Exception: The following publicity and education material must be pre-approved: ~ Premiums whose per item cost exceeds six dollars ($6) (not including sales tax), and ~ Television, video, and radio scripts. Note: The premium must directly relate to and/or be used for used oil and filter collection and recycling needs and/or be clearly linked to behavioral change that leads to an increase in used oil and used oil filter recycling. That linkage must be documented with evaluation data related to used oil recycling or other environmentally sustainable behaviors. . School Education/Curricula Expenses (For Approved Curricula1) o Promotion of training to local school staff and teachers o Meeting room expenses o Staff developer (trainer) costs (Travel is listed as req'uiring pre-approval) o Teacher expenses for attending training workshops of approved curriculum (including costs for substitute teachers) o Photocopying, and materials expenses . Re-Refined Oil o Cost differential between re-refined and virgin oil oRe-refined oil promotion . Personnel costs for used oil/filter recycling activities o Training costs directly related to used oil/filter recycling activities . Load checking projects related to the identification of used oil . Indirect or Overhead Costs that do not exceed 10% of the grant award amount . Profit to contractors and subcontracts for services and products when grantees follow the competitive bidding process or their local purchasing laws and regulations Since January 2002, some stormwater mitigation expenditures are eligible for Used Oil Block Grant (Block Grant) funding. Stormwater mitigation is defined in Public Resources Code Section 48618.4 to include "...the prevention of stormwater pollution from used oil and oil byproducts and the reduction or alleviation of the effect of stormwater pot'lution from used oil and oil byproducts by means of action taken on public property. Mitigation includes the installation of devices and implementation of pract~ces that prevent used oil and oil byproducts from causing stormwater pollution. Mitigation does not include the cleanup or restoration of polluted areas". . Stormwater expenses may not exceed 50% of the Used Oil Block Grant award. . All related stormwater expenses such as personnel, publicity and Exhibit B 1 - Page 3 UBG 11 INELIGIBLE EXPENSES (cont'dl PUBLICITY AND EDUCATION REQUIREMENTS Version 10/05 . Transportation & disposal of non-oil HHW from any facility or event . Equipment, materials or supplies at Permanent Household Hazardous Waste Collection Facilities (PHHWCF) or antifreeze, battery, oil, and paint facilities (ASOP) not directly related to the collection of used oil and filters . Any costs not consistent with local, state, or federal guidelines and regulations . Travel expenditures that exceed the state rate . Any personnel costs incurred as a result of time an employee assigned to the project funded by the grant does not work on the project (e.g., personal use of earned personnel time such as accrued sick leave, accrued vacation, etc.) . Any pre-paid expenditures for future goods or services delivered beyond the end of the grant term (Exemption: The Grant Manager may consider approving products purchased in full before the end of the grant term but delivered after the grant term if the delay is caused solely by the supplier, and not by the Grantee. The Grantee must request an exemption in writing and receive written pre-approval from the Grant Manager) . Fines or penalties due to violation of federal, state or local laws, ordinances, or regulations Premiums must be appropriate for the target audience; durable, and not likely to be disposed of in a short time or contribute to the waste stream or hazardous waste stream (e.g., any item containing batteries, mercury, etc.); and not promote particular brand-name products or private businesses For aI/languages other than English, Grantee must work with a certified translator or person fluent in reading and writing the language2. A description of the translator's qualifications as well as an English version of the material must be submitted with the Final Report. Materials or items purchased may be denied full reimbursement if they do not meet the requirements detailed in this section. All items/materials, as appropriate, must meet the acknowledgement, advertising/public education, and recycled-content product requirements3 as set forth in the Terms and Conditions, and must include the following: Exhibit B 1 - Page 5 UBG 11 Recycled Content Product ' Requirements Large Equipment CIWMB Acknowledgement REPORTING REQUIREMENTS Annual Re~ort Due August 15t Annual Report Required Items REIMBURSEMENT FUNDING Version 10/05 All Grantees must report the percentage of recycled-content mC;lterial for all products purchased in the product categories listed below. Grantees must use a separate Recycled-Content Product Certifi'cation (RCP) Form (CIWMB 74G) for each supplier and submit these forms with the Final Report. The form can be found at CIWMB's website at http://www.ciwmb.ca.Qov/HHW/Forms. Paper Products Compost & Co- , Compost Paint Tires Plastic Products Lubricating Oils Tire-Derived Products Printing & Writing Paper Glass Products Solvents Steel Products Any exceptions to the above requirements must be pre-approved in writing by the Grant Manager. A CIWMB sticker (bumper sticker size) that displays the "used oil drop" logo including the text "Recycle Used Oil" and "Funded by a grant from the California Integrated Waste Management Board" is required to be affixed to all large pieces of equipment purchased with grant funds. When submitting the Final Report, the picture of this equipment should include the affixed sticker. CIWMB stickers are available at no cost. Grantees are required to submit an Annual Report on August 15th of each year demonstrating program progress and how they have spent their Used Oil Block Grant funds for the previous fiscal year (July 1 - June 30). Annual Reports are required for each active Used Oil Block Grant. Grantees may combine active grant activities into a single annual report. The report must clearly identify the grant cycles. Grantees that do not show progress toward implementation of a used oil and used oil filter collection and education program may not receive all or some of their next annual Block Grant allocation. This lack of performance will also be noted if Grantees apply for future Used Oil and/or HHW funds. Grantees that do not meet the Annual Reporting requirements will be ineligible to apply for future grant cycles. Items required for each Annual Report: 1. Completed Annual Report Form 2. Expenditure Itemization Summary (EIS) 3. Recycled Content Certification Form 4. Certified Collection Center Site Visit Checklists (if not submitted earlier) 5. Copy of permit(s)/permits by rule or related agreements for used oil/HHW collection events All forms can be downloaded from the CIWMB website at http://www.ciwmb.ca.Qov/HHW/Forms. Exhibit B 1 - Page 7 UBGn, Certified Center Visits Expenditure Itemization Summary (EIS) Version 10/05 FAILURE TO SUBMIT THE REQUIRED ANNUAL REPORTS BY THE SPECIFIED DEADLINES MAY CAUSE THE GRANTEE TO BE INELIGIBLE FOR FUTURE BLOCK GRANT CYCLES. Annual site visits to the Grantee's certified collection centers are a grant requirement. For more detailed information on Certified Centers, refer to the CIWMB web site. Please submit site visit forms (CIWMB 664 or CIWMB 665) as soon as completed, to your Grant Manager. Unless previously submitted within the last 12 months, these forms must be submitted with the Annual Report. For Grantees receiving $20,000 or less per grant cycle, the narrative responses do not need to be provided on the Annual Report Form; however, all other s,ections must be completed. All other Grantees must submit a complete Annual Report Form. Refer to the Used Oil Block Grant Annual Report Form located on our website. Grantees are required to submit an Expenditure Itemization Summary (EIS) Form with the Annual Report, covering expenses for the previous fiscal year (July 1 - June 30) by grant cycle in which expenses were incurred. Use the reporting and expenditure categories listed below when preparing the EIS. Only directly applicable eligible expenses should be included. Summarize all of the expenses that were incurred by grant cycle over the twelve (12) month reporting period and use only the categories that are applicable to the Grantee's grant program. For each category, identify the related tasks and expenses. If there is more than one invoice from a company, list them separately on the EIS. Include invoice numbers. Permanent Collection Facilities - Includes eligible expenses for collection ,centers; permanent household hazardous waste collection facilities (PHHWCFs); and antifreeze, battery, oil, and paint (ABOP) facilities. Do not include publicity and education or oil containers in this category. Temporary or Mobile Collection - Eligible expenses for temporary events at an established facility, and mobile events. Residential Collection - Curbside or door-to-door collection of used oil and used oil filters. Load Checking Program - Inspection of loads for used oil' at solid waste landfills or transfer stations. Publicity and Education - All eligible publicity, public education, and community outreach events (except those related to stormwater education). . A partial list of examples include newspaper ads; radio Exhibit B 1 - Page 9 UBG 11 Payment Request Form Supporting Documentation Retained at Your Office Ten Percent Withhold For Reimbursement Payments Block Grant Sequence of 'Spending Version 10/05 Required Documents and Format for Payment Request A complete Payment Request must include the following items in the order listed . 1. Payment Request Form (CIWMB 87) - This form must be signed by the individual authorized by the resolution. 2. Expenditure Itemization Summary (CIWMB 667 or Grantee's own version) - All expenditures must be itemized and arranged by the Reporting and Expenditure Categories. a. Personnel Expenditure Summary Report (CIWMB 165 or Grantee's own version) b. Travel Expense Form (CIWMB form or Grantee's own version) Supportina documentation - Documentation for all expenditures claimed on the Payment Request must be retained, in accordance with the Audit Considerations provision of these Procedures and Requirements and the Audit/Records Access provision of the Terms and Conditions. DO NOT SUBMIT THESE DOCUMENTS WITH THE EIS. Retain these documents at your office. Types of acceptable documentation include but are not limited to: . Invoices that include vendor's name, telephone number and address; a description of goods or services purchased; amount due; and date. . Receipts that includ~ the same information as invoices. . Purchase orders that include the same information as invoices and must be accompanied by proof of payment (e.g., copies of cancelled checks). · Personnel Expenditure Summary Form (CIWMB 165 or your own version) that document actual time spent on grant-related activities. . Travel Expense Form (CIWMB form or your own version) that documents costs related to travel and include supporting documentation. . Samples of all publicity and education materials purchased or developed with grant funds. . Proof of Payment (e.g. copies of cancelled checks and/or documented payment within the financial records.) Ten percent (10%) will be withheld from each reimbursement Payment Request and paid at the end of the grant term when all reports and conditions, stipulated in the Grant Agreement, have been satisfactorily completed. To be reimbursed for the 10% withholding from the grant, submit a Payment Request Form along with the final EIS. Block Grant recipients will receive reimbursement payments. This payment method retains 10% of the requested amount until the grant is closed out. The remaining ten percent (10%) reimbursement payment will be released to the Grantee at the conclusion of the grant term once the Grantee has complied with all grant provisions. Exhibit B 1 - Page 11 UBGll Overhead/Indirect Costs (cont'd) Exceptions Audit Considerations ADVANCE PAYMENT OPTION Version 10/05 records to substantiate the charges. The Cost Allocation Plan must be approved by an appropriate Supervisor/Manager in your agency. The Cost Allocation Plan must ldentify program elements included in the overhead/indirect cost calculation. Seethe sample "Cost Allocation Plan" calculation listed below: Total department indirect cost divided by total department direct cost base equals the overhead/indirect cost rate. · If the Grantee utilizes a contractor to administer and/or implement the grant, then the overhead and indirect costs of such contractor may be charged to the grant only to the extent that such costs could have been charged by the Grantee. Exceptions to the provisions of the Grant Agreement may be considered on a case-by-case basis. . All requests must be submitted in writing, and approved in writing, by your Grant Manager. The Grantee is responsible for retaining documentation of any exceptions to the Grant Agreement for audit purposes. Documentation and a clear audit trail are essential to grant management. The Grantee agrees to maintain records for a possible audit for a minimum of three (3) years after final payment or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. Examples of audit documentation include, but are not limited to, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or canceled checks. Refer to the Terms and Conditions for more information. The advance payment option is available for arantees receivins:l ' J20.000 or less. multi-iurisdictional and reaional arantees whose individual iurisdictions would have received $20.000 or less had they applied individually. Staff will consider exceptions to the reimbursement policy for financial hardship situations on a case-by- case basis. Exhibit B 1 - Page 13 DBG 11 Certified Center Visits Expenditure Itemization , Summary (EIS) Version 10105 Annual site visits to the Grantee's certified collection centers are a grant requirement. For more detailed information on Certified Centers, refer to the CIWMB web site. Please submit site visit forms (CIWMB 664 or CIWMB 665) as soon as completed, to your Grant Manager. These forms may be submitted with the Annual Report, or as they are completed throughout the year. Grantees are required to submit an Expenditure Itemization Summary (EIS) Form with the Annual Report, covering expenses for the previous fiscal year (July 1 - June 30). Use the reporting and expenditure categories listed below when preparing the EIS. Only directly applicable eligible expenses should be included. Summarize all of the expenses that were incurred over the twelve (12) month reporting period and use only the categories that are applicable to the Grantee's grant program. For each category, identify the related tasks and expenses. If there is more than one invoice from a company, list them separately on the EIS. Include invoice numbers. Permanent Collection Facilities -Includes eligible expenses for collection centers; permanent household hazardous waste collection facilities (PHHWCFs); and antifreeze, battery, oil, and paint (ABOP) facilities. Do not include publicity. and education or oil containers in this category. Temporary or Mobile Collection - Eligible expenses for temporary events at an established facility, and mobile events. Residential Collection - Curbside or door-ta-door collection of used oil and used oil filters. Load Checking Program -Inspection of loads for used oil at solid waste landfills or transfer stations. Publicity and Education - All eligible publicity, public education, and community outreach events (except those related to stormwater education). · A partial list of examples include newspaper ads; radio ' spots; public service announcement TV spots; flyers; brochures; door hangers; utility bill inserts; billboards; collection center handouts (such as "shelf talkers"), and premiums. · Material/supply expenses for community events and school presentations should be included in this category. · Local government personnel expenses should be placed into the personnel/other category. Personnel/Other - Include directly applicable personnel expenses for employees of the grant jurisdiction. · Expenses should be broken down to reflect hourly charges, where Exlnbit B 1 - Page 15 UBG 11 Supporting Documents Retained at your Office Ten Percent Withhold for Advance and Reimbursement Payments Block Grant Sequence of Spending Version 10/05 Audit/Records Access provision of the Terms and Conditions. DO NOT SUBMIT THESE DOCUMENTS WITH THE EIS. Retain these documents at your office. Types of acceptable documentation include but are not limited to: . Invoices that include vendor's name, telephone number and address; a description of goods or services purchased; amount due; and date. . Receipts that include the same information as invoices. . Purchase orders that include the same information as invoices and must be accompanied by proof of payment (e.g., copies of cancelled checks). . Personnel Expenditure Summary Form (CIWMB 165 or your own version) that document actual time spent on grant-related activities. . Travel Expense Form (CIWMB form or your own version) that document costs related to travel and include supporting documentation. . Samples of all publicity and education materials purchased or developed with grant funds. . Proof of Payment (e.g. copies of checks and/or documented payments within the financial records.) Ten percent (10%) will be withheld from each advance Payment Request and paid at the end of the grant term when all reports and conditions, stipulated in the Grant Agreement, have been satisfactorily completed. To be reimbursed for the 10% withholding from the grant, submit a Payment Request Form along with the final EIS. In cases where a Block Grant recipient receives a 90% payment advance, the CIWMB retains 10% of the awarded grant amount until the grant is closed out. The remaining ten percent (10%) from the advance will be released to the Grantee at the conclusion of the grant term once the Grantee has complied with all grant provisions. a The Grantee will have to incur costs for the entire grant amount (90% advanced and 10% withheld) or return any unspent advanced funds to the CIWMB and either spend or return to the CIWMB any accrued interest. The Block Grant is not completed until the 10% withheld amount and all accrued interest (where applicable) is expended or returned and accounted for on the grant's final EIS. Note: Anv unsDent arant funds or interest accrued will be formallv invoiced bv the CIWMB and cannot be reconciled aaainst the final 1 0% withhold. a You must spend all of the available funds from the oldest Block Grant prior to spending any funds from more recent Block Grants. For example, utilize all funds from your 7th cycle grant before showing any 8th cycle expenses on your EIS. a It is acceptable to split an invoice across two separate Block Grant Exhibit B 1 - Page 17 UBG 11 Overhead/Indirect Costs (cont'd) Exceptions Audit Considerations Version 10/05 such activity must be clearly supported by appropriate documentation and shall not be charged to the grant as overhead or indirect cost. . The Grantees must maintain organized and accurate records that follow generally accepted accounting principles (GAAP) and leave an. audit trail. The Grantee must provide access to all documents related to the grant program and fiscal operation of the grant program as deemed necessary by the CIWMB. . The Grantees must have on file an internally approved Cost Allocation Plan which specificalfy documents how the cost amount was established and which is supported by formal accounting records to substantiate the charges. The Cost Allocation Plan must be approved by an appropriate Supervisor/Manager in your agency. The Cost Allocation Plan must identify program elements included in the overhead/indirect cost calculation. See the sample "Cost Allocation Plan" calculation listed below: Total department indirect cost divided by total department direct cost base equals the overhead/indirect cost rate. . If the Grantee utilizes a contractor to administer and/or implement the grant, then the overhead and indirect costs of such contractor may be charged to the grant only to the extent that such costs could have been charged by the Grantee. Exceptions to the provisions of the Grant Agreement may be considered on a case-by-case basis. All requests must be submitted in writing, and approved in writing, by your Grant Manager. The Grantee is responsible for retaining documentation of any exceptions to the Grant Agreement for audit purposes. Documentation and a clear audit trail are essential to grant management. The Grantee agrees to maintain records for a possible audit for a minimum of three (3) years after final payment or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. Exhibit B 1 - Page 19 UBG 11 Index of Website Addresses Forms and Contact Resources I. FORMS · Recycled Content Certification (RCP) Form www.ciwmb.ca.aov/Grants/Forms/CIWMB074Goil.doc · Travel Expense Form http://www.ciwmb.ca.aov/Grants/Forms/travel.xls · Used Oil Annual Block Grant Form http://www.ciwmb.ca.aov/UsedOiIlForms/Grants/CIWMB644.doc · Payment Request Form http://www.ciwmb.ca.aov/Grants/Forms/CIWMB087 .doc · Expenditure Itemization Summary Form http://www.ciwmb.ca.aov/HHW/Forms/Grants/CIWMB667 .xls . Travel Expense Log http://www.ciwmb.ca.aov/HHW/Forms/#Grant · Personnel Expenditure Summary Form http://www.ciwmb.ca.aov/Grants/Forms/CIWMB 165.doc · Used Oil Recycling Incentive Payment Claim/Report Form http://www.ciwmb.ca.aov/UsedOiIlForms/ciwmb031.doc · Certification Application http://www.ciwmb.ca.aov/UsedOiIlForms/CIWMB029.doc · Registration Application http://www.ciwmb.ca.aov/UsedOiIlForms/CIWMB030.doc · Registered Industrial Generator/Curbside Program Application www.ciwmb.ca.aov/UsedOiIlCertsReQs/reaistr.htm · Certified Center Site Visit Checklist - Multiple Sites www.ciwmb.ca.gov/UsedOil/CertCenters · Certified Center Site Visit Checklist (one site) www.ciwmb.ca.Qov/UsedOiIlCertCenters Version 10/05 Exhibit B2 - Page 1 UBG11 EXHIBIT C Special Focus Programs for Used Oil Collection Used Oil Block Grant for FY 2005-2006 (11th Cycle) Supplemental information that you will find useful in implementing a used oil and filter- recycling program is available at http://www.ciwmb.ca.Qov/UsedOil/Grants/Block. . Filter Information . Re-refined Oil . Marina Programs . Small Quantity Generators . Agricultural Program . State Sponsored Programs Version 10105 Exhibit C1 - Page 1 UBG11 Why Oil Filters? Collection Centers Curbside Collection Eligible Expenses Hauling Costs Version 10105 Used Oil Filter Information Most oil filters sold to do-it-yourselfers are not recycled, but illegally disposed. Oil filters, drained or undrained, are prohibited in landfills. Even drained oil filters still contain used oil. In addition, the average oil filter contains one pound of steel, which can be recycled. Since oil filters contain oil and steel, both valuable resources, recycling oil filters is important. Most centers are willing to accept oil filters from the public as long as their costs are covered. Grant funds can be used to provide a collection center with a 55-gallon drum and a recycling collection service. Oil filters can also be collected at the curb. Initial (start up) costs may vary depending on the amount of retrofitting the curbside trucks require. Retrofitting a truck to hold used oil filters can be as simple as strapping a 5-gallon bucket to the truck or it can involve having a rack system designed for the truck to hold the filters. The used oil filters are generally placed in a sealed plastic bag by the homeowner before being set on the curb for pickup. Grant funds can be used to purchase the bags, imprinted with recycling information, or residents can use their own bag. Block Grant funds can pay for oil filter hauling costs, advertising, containers, oil filter crushers, and other related costs. Remember, pre-approval must be obtained from your Grant Manager prior to purchasing equipment. The hauling cost for one 55-gallon drum of used oil filters is approximately sixty dollars ($60.00). On average, 250 uncrushed oil filters, or 750 crushed filters will fit into a 55- gallon drum. Exhibit C1 - Page 1 UBG11 prices. This hauler list is also included in chapter 9 in the Procedures & Requirements; · Camera-ready oil filter art - The oil filter logo is available on the CIWMB's website. Or, you can call the telephone number listed above for slicks; and . Signs-for collection centers that accept used oil filters from the public. Available in English and Spanish, static cling or polystyrene. Version 10105 Exhibit C1 - Page 3 UBG11 Re-Refined Lubricants Using re-refined oil is a simple way for your jurisdiction to Why Re-Refined Oil? set a good example to the rest of the community that purchasing materials with recycled-content is the right thing to do. Fortunately, high quality re-refined lubricants are readily available at competitive prices. Re-refining is an energy-efficient and environmentally beneficial method of managing used oil. less energy is required to produce a gallon of re-refined base stock than a gallon of crude oil. lubricating oil does not wear out; it simply becomes dirty as it does its job. Once water and contaminants are removed from collected used oil, it is returned to a full and useful life as re-refined oil, "closing the recycling loop." This chapter will give some information about re-refined lubricants and how they fit into the Block Grant program. Re-Refined Oil Quality There is no compromise in the quality of re-refined oil. Re-refined oil is used motor oil that undergoes an extensive re-refining process to remove contaminants to produce good-as-new base oil. The base oil is then sold to blenders who add additive packages to produce high quality lubricants. Re-refined oil products are subject to the same stringent refining, compounding, and performance standards applied to virgin-oil products. American Petroleum Institute (API) licensed re-refined oils must pass the same cold-start, pumpability, rust- corrosion, engine-wear and high-temperature viscosity tests that virgin oils do. The API c;tnd American Automobile Manufacturers Association (AAMA) have developed the Engine Oil Licensing Certification System (EOlCS) to ensure all engine oils consistently meet performance specifications. Acknowledging that re-refined oil products are equal in quality to conventional lubricants, the State of California's fleet of over 30,000 vehicles has been using re-refined oil since 1994. The State contract provides for the purchase of re-refined oil in various grades, which is also'available to local governments. Many private fleets also have realized the benefits of re-refined oil and have switched as well. Version 10105 Exhibit C2 - Page 1 UBG11 Purchasing Details' State Contract # 1-01-91-03. Contract Name: Lube, Oil, and Grease. Effective Oates: Three year contract, December 1 , 2001 - November 31, 2004. Using the state contract number, purchase directly from participating distributors. A list of distributors and additional contact information is available on the DGS website at: http://www.pd.dgs.ca.gov/ Click on the "Contracts" link on the "Quick List" sectipn on the right side of screen. In the search field at the bottom ofthe screen, enter the contract number, 1-01-91-03. Click on the link to the "Lube, Oil, and Grease" contract. Questions about purchasing through this statewide contract can be referred to the primary contact, listed under "Buyers Name" (as of this printing, Dianne Cardona at (916) 375-4458). Pricing Information For price comparison, the following contract prices per gallon per DGS delivery area are for 10W-30 re-refined lubricating oil in a 55-gallon drum. Delivery Area 1: $3.70 for Counties of Del Norte, Humboldt, Mendocino, and Lake. Delivery Area 2: $3.57 for Counties of Siskiyou, Modoc, Trinity, Shasta, Lassen, Tehama, and Plumas. Delivery Areas 3, 4, 10: $2.69. Area 3 includes Counties of Glenn, Butte, Sierra, Colusa, Sutter, Yuba, Nevada, Placer, Yolo, EI Dorado, and Sacramento. Area 4 includes Counties of Sonoma, Napa, Solano, Marin, Contra Costa, San Francisco, Alameda, San Mateo, and Santa Clara. Area 10 includes Counties of Amador, Alpine, San Joaquin, Calaveras, Tuolumne, Stanislaus, Mariposa, and Merced Version 10/05 Exhibit C2 - Page 3 UBG11 California Public Contract Code: Rerefined Oil and Recycled Product Procurement Version 10105 Services annually purchases over 200,000 gallons of lubricants with re-refined oil base stock . The United States Postal Service and National Park Service use re-refined oil in their vehicle fleets . If'the oil generated by all do-it-yourself oil changers in America were collected and re- refined, it would provide enough motor oil for over 50 million vehicles each year . Buying re-refined oil reduces our dependence on imported oil, reduces the trade deficit, and helps create jobs in our country Local agencies are required to purchase re-refined lubricants and products containing recycled-content. The following are excerpts from the California Public Contract Code, effective January 1994, relating to the purchasing of re-refined oil and recycled products by local agencies. "PRC 10409. Every local agency, as defined in Sec. 17518 of the Government Code, shall purchase lubricating oil from the seller whose oil product contains the greater percentage of recycled oil, if the availability, fitness, quality, and price of the recycled-oil product is otherwise equal to, or better than, virgin-oil products. This section shall not prohibit a local agency from purchasing virgin-oil products for exclusive use in vehicles whose warranties expressly prohibit the use of products containing recycled oil. As added by AB 1570 (Sher), Stats. 1989, c. 1226, and amended by AB 2076 (Sher), Stats. 1991, c. 817, and AB 3073 (Sher), Stats. 1992, c. 1101." "PRC 12210. (a) Fitness and quality being equal, all local and state public agencies shall purchase recycled products instead of non-recycled products whenever available at no more than the total costs of non-recycled products. All local public agencies may give preference to the suppliers of recycled products. All local public agencies may determine the amount of this preference. As added by AB 4 (Eastin), Stats. 1989, c. 1094." FOR MORE INFORMATION ABOUT RE-REFINED OIL GO TO THE FOLLOWING INTERNET SOURCE: http://www.ciwmb.ca.gov/UsedOil/Rerefined Exhibit C2 - Page 5 UBG11 Use of Block Grant Funds Other State Agencies Version 10/05 . Marina Programs Since marinas are located at the water's edge whether on the ocean, bay, river or lake, pollutants generated from marinas, boats, and boat maintenance activities pose an immediate threat to the health of aquatic systems and pose other environmental hazards. US EPA has identified several sources of pollution associated with marinas and boating activities. These include poorly flushed waterways, pollutants discharged from boats (recreational, commercial and Iive-aboards), pollutants carried in stormwater runoff, physical alteration of wetlands, and shellfish/other benthic communities during construction of marinas, ramps, and related facilities; and pollutants generated from boat maintenance activities on land and in the water. This section will focus on the programs available to assist in pollution problems related to oil and household hazardous waste in boating activities and at marinas. If the Grantee has determined that marina and boater outreach is a venue that needs to be addressed in their jurisdiction, Block Grant funds may be used for collection and education programs for recycling of used oil and filters. Eligible grant projects specifically for marinas include: . Used oil and filter collection . Bilge pump outs . Bilge pad distribution and collection · Publicity and premiums . Educational materials such as boater kits, signs, pamphlets . Dockwalkers . Best Management Practices for marina operators Grantees need to consider when they begin to plan for a marina program that bays, coastlines, lakes, and rivers are served by a number of federal, state, and local governmental agencies. Pollution prevention programs offered by the agencies vary as well. Summarized below are the agencies involved in offering marina and boating pollution prevention programs. It is suggested that Grantees take a look at this information to become familiar with the "players". California Coastal Commission - The Commission (CCC) is the lead agency for carrying out California's coastal management program and to plan and regulate development in Exhibit C3 - Page 1 UBG11 State Department of Fish and Game (DFG) . Oil Spill Prevention and Response Act (OSPR). OSPR is the lead state agency charged with oil spill prevention and response within California's marine environment. . CalTIP (Californians Turn in Poachers and Polluters) This is a confidential secret witness program to encourage the public to provide DFG information to the arrest of poachers and polluters. The caller is eligible for cash reward if the information leads to a citation or an arrest. The toll free number operates 24-hours a day, 7 days a week. 1-888-DFG- CALTIP. Department of Parks and Recreation Responsible for almost one-third of California's scenic coastline, California State Parks manages the state's finest coastal wetlands, estuaries, beaches, and dune systems. State Parks consists of nearly 1.3 million acres, with over 280 miles of coastline; 625 miles of lake and river frontage; nearly 18,000 campsites; and 3,000 miles of hiking, biking, and equestrian trails. Federal Agencies US Coast Guard (USCG) - The USCG's responsibilities in the field of oil pollution can be traced back to 1924 when the Oil Pollution Act was passed that required penalties for deliberate discharge of oil into coastal navigable waters of the US. In 1967, the Department of Transportation directed that each USCG's district set up contingency plans for oil spill cleanup operations. The USCG' has been instrumental in both development and implementation of new techniques to deal with oil pollution. This includes spill prevention as well as cleanup technology. Prevention includes improvements in cargo vessel safety, control and navigation devices, and improved oil loading and offloading methods. Cleanup technology includes hazardous material detection devices, spill containment equipment, oil dispersant chemicals and removal skimmers. The main focus on USCG is oil spill prevention and cleanup. In addition to overseeing the coastal waters of California, the USCG also covers the Colorado River, Lake Tahoe, and the Delta Region. Bureau of Reclamation (BR) - The BR is under Department of the Interior jurisdiction and manages water resources in 5 Version 10105 Exhibit C3 - Page 3 UBG11 US Coast Guard - www.usCQ.mil US Coast Guard Auxiliary - www.cQaux.org US Forest Service - wwwJsJed.u$ Version 10/05 Exhibit C3 - Page 5 UBG 11 Small Quantity Generators And Conditionally Exempt Small Quantity. Generators of Used Oil Small Quantity Generator Conditionally Exempt Small Quantity Generator The Importance of CSG's and CESQG's Version 10105 What exactly is a Small Quantity Generator (SQG) or a Conditionally Exempt Small Quantity Generator (CESQG) of used oil? These terms are defined in Title 40 of the Code of Federal Regulations. A Small Quantity Generator of used oil is a business that generates between 220 and 2200 pounds of used oil per month. This is about 27 to 275-gallons of used oil. A Conditionally Exempt Small Quantity Generator (CESQG) of used oil is a business that generates 220 pounds (27 -gallons) or less of used oil per month. Why is this important to CIWMB's Used Oil Recycling Program? In general, transportation of used oil must be by registered hazardous waste hauler. However, household or do-it-yourselfer (DIY) generators of used oil are exempt from this requirement, subject to several restrictions. Fi'rst, these DIYs are only allowed to transport their own oil to an authorized used oil collection center. These would include Certified Used Oil Collection Centers, Household Hazardous Waste collection events, or other collection facilities as authorized by the California Health and Safety Code. Second, the DIY transporter may transport no more than 55- gallons, in containers not to exceed 55-gallons in volume, per trip. The California Department of Toxic Substances Control (DTSC) considers CESQG's to bethe same as do-it- yourselfers, as far as transportation of used oil is concerned. This means that the operator of Tom's Lawn Mower Shop, for example, can take the used oil he generates in the operation of his business to a Certified Used Oil Collection Center and receive the recycling incentive of sixteen cents ($0.16) per gallon, provided he takes 55-gallons or less per day, and the containers are 55-gallons or smaller. Note that many collection centers impose their own maximum volume of oil accepted, which may be as low as 5- gallons per person (or business) per day. It is important to call ahead to the collection center before transporting the oil. Exhibit C4 - Page 1 UBG11 You can also contact DTSC for a copy of the Used Oil fact sheet. Specific questions on management of used oil should be directed to a DTSC duty officer by calling 1-800-728-6942 or 800 72-TOXIC. You can also call the nearest DTSC regional office: ' Sacramento (916) 255-3545 Berkeley (510) 540-2122 Clovis (Fresno) (559) 297-3901 Glendale (818) 551-2800 Cypress (714) 484-5300 More information on used oil storage, management, and transportation requirements can be found in the California Health and Safety Code, sections 25218 through 25218.12,and 25250, et seq. Version 10105 Exhibit C4 - Page 3 UBG11 Agricultural Used Oil Program Is it Right for my Business? Options for Collection of Agricultural Used Oil Version 10105 . Agricultural Programs There are approximately 83,000 farms and ranches in California that range in size from a few to tens of thousands of acres. Most farming equipment, from tractors to pumps, use lubricating oil and that oil must be managed properly after it is removed. Many Grantees have found that on some farms this is not being done. While incidents of deliberate releases of used oil are few, improper storage and management is a large and widespread problem, especially on smaller farms. The following gives some information on agricultural used oil programs that should help Grantees get started on designing a program to fit the needs of their jurisdictions. Block Grant funds can be used for implementation of agricultural used oil programs, including used oil and filter collection, if the grantee has identified a need and is already implementing a general used oil collection and education program. Grantees must be aware that agricultural used oil programs funded through the Block Grant must be filling a gap in service for growers in their jurisdictions, not replacing services already being paid for by growers. Grantees are encouraged to research their jurisdiction and assess the need for an agricultural used oil program. An agricultural used oil program can be as simple as an information piece developed, printed, and distributed to growers that reminds them to manage their oil properly if it is found that education is all the growers' need. If greater need is apparent, a collection program is worth looking into. Local agricultural used oil collection programs assist growers in properly managing their used oil and filters at no or low cost and without penalty for violation of Health & Safety Code storage statutes. One option for collection is self-hauling by growers of up to 55- gallons at a time, in containers no larger than 55-gallons. Changes made to the Health & Safety Code (Section 25250.11) by Assembly Bill 470 (Sher) on January 1, 2002 allow the self-hauling of oil without first becoming a licensed hazardous waste hauler or completing a hazardous waste manifest if all four of the following conditions are met: (1) The capacity of any single container does not exceed 55- gallons; Exhibit C5 - Page 1 UBG11 growers and ranchers. Louisiana State University Agricultural Center: www.agctr.lsu.edu/wwwaclcompostlUsedoil.html This site has some "best management practices" information as well as some information on "things to think about" when designing a used oil collection program for the agricultural community. Version 10/05 Exhibit C5 - Page 3 UBG11 California Conservation Corps - Used Oil Recycling Education Program Public Research Institute - Population Studies Version 10105 State Sponsored Programs As mandated in the California Oil Recycling Enhancement Act, the CIWMB also pursues opportunities to provide assistance and information on a statewide basis. These activities offer opportunities for local jurisdictions as well. Below are some of the activities that the CIWMB is undertaking. The Used Oil Recycling Education Program of the California Conservation Corps (CCC), in contractual agreement with the CIWMB, supports local Grantees'in spreading the used oil and filter-recycling message. The CCC works primarily in rural and under served counties, but is continuing to increase other local partnerships for school presentations and for participating in outreach activities. Highlights of activities include conferences, community events, and literature distribution. For examples: CCC Corps members staffed a booth at the California Environmental Education Interagency Network's (CEEIN) Small School District Conference to expand the used oil recycling message to conference participants and to inquire about future school presentations attheir high schools. Nearly 9,000 storm drains have been stenciled or marked since spring of 2000. Recently, used oil crews have been stenciling in the cities of Lakeport and Porterville. In addition, crews are assisting with storm drain needs assessments throughout cities and counties by monitoring and recording the status of storm drain stencils. If you would like further information of how CCC may partner with your organization, please contact Virginia Clark, the CCC Used Oil Program Coordinator, (916) 341-3169 or e-mail atvclark@ccc.ca.Qov. The CIWMB approved an Interagency Agreement for the Used Oil Recycling Program to further conduct a study of the do-it-yourself population. The Used Oil Recycling Program needs current information about the oil disposal behavior, attitudes, media use, and message and incentive receptivity of California residents who change their own automotive oil. Surveys and focus groups will help the CIWMB (a) to better define and understand the target audiences for its outreach efforts and (b) to design more effective outreach tools and messages to encourage behavioral change. The surveys Exhibit C6 - Page 1 UBG11 Shasta Community College Earth Resource: A Case Study Oil Stormwater BMP Guidebook Version 10/05 The CIWMB in partnership with Shasta Community College in Redding is developing a new curriculum on the proper handling and management of automotive wastes and pollution prevention. Target audiences forthe new materials include junior college automotive technology, environmental studies classes, and high school regional occupation programs. The new unit has been designed to include student and teacher materials for easy implementation into existing coursework and will offer Internet distribution and support tools as well. For further information you may access college website at http://www.shasta.cc.ca.us/. In 1998, The CIWMB announced the completion of a ' comprehensive 6th_12th grade integrated science curriculum that supports the messages of used oil and fi.lter recycling. Earth Resources: A Case Study Oil has been extremely well received by teachers and students throughout the state ~nd teachers continue to express interest in attending free training workshOps to obtain their own copy of Earth Resources. Staff in the CIWMB's Office of Integrated Education manage the distribution of Earth Resources as one of the many Board school education resources. In the next year, CIWMB staff will implement new marketing efforts to further the distribution of Earth Resources and integrate local 'government grant efforts and the CIWMB outreach efforts. Teacher workshops are currently being conducted. A schedule of all planned curriculum workshops can be viewed at www.ciwmb.ca.Qov/schools/events/. For more information please contact the Office of Integrated Education at (916) 341-6769. Helpful information regarding your stormwater program, including drain insert limitations and guidelines, is provided by the California Stormwater Quality Association at http://www.cabmphandbooks.com/. Exhibit C6 - Page 3 UBG11 L STATE OF CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD GRANT APPLICATION LOCAL ENFORCEME~T AGENCY GRANT July 1,2005 to June 30, 2006 EA16 Grant Cycle Local Enforcement Agency (LEA) ~; t-y n-f Vprnnn Address, 4305 S. Santa Fe Avenue City Vernon State CA Zip 90058 fi Name & Title of Program Director Lewis J. Pozzehnn Phone 323) 583-8811 .llpozzebon@ci.vernon.ca.us e-mal Name of Finance Officer Sharon Johnson Phone 323) 583-8811 e-mail sjohnson@ci.vernon.ca.us Name of Program Manager Leonard Grossberg Phone 323) 583-8811 e-mail 19rossberg@ci.vernon.ca.us FAX 323)588-4320 Primary Contact Person Leonard Grossberg 'This application must be accompanied by the following: I. A Statement of Use describing the program's goals or objectives and stating how the grant funds will be used to improve the LEA's solid waste facilities permit and inspection program. 2. A Resolution from the local governing body that designates the position title of the person authorized to execute all grant-related documents for your jurisdiction. The signature of the authorized person is the signature that will be accepted on grant-related documents. A Resolution for a regional LEA must list all participating jurisdiotions, and be accompanied by a letter of authorization from each participating jurisdiction. 3. Environmental Justice Certification: See reverse side of this application. (Authorized signator must initial.) Certification: I declare, under penalty of perjury, that all information submitted for the CIWMB's consideration for the award oj grant fUnds is true and accurate to the best of my knowledge and belief. ' Printed Name of Authorized Person I,pw; s J _ Pozzebon Title (authorized in resolution) Director, Environmental Health Phone ~mail lpozzebon@ci.vernon.ca.us Date '-II, /0 r- I f Signature Please see reverse for Environmental Justice Certification 4 ENVIRONMENTAL JUSTICE ~ -- Applicant certifies that, if awarded a grant, applicant shall, in the performance of the grant . greement, conduct its programs, policies and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures. and income levels, including minority populations and low income populations of the State. (Authorized signator please initial) ,oj ... CITY OF VERNON HEALTH DEPARTMENT STATEMENT OF USE LEA GRANT EA-16 ' The goal of our solid waste program is to protect public health, safety and the environment with regard to solid waste facilities within our jurisdiction. The City ofVemon's Health Department intends to use FY2005-2006 LEA Grant- 16 funds to purchase safety equipment, monitoring tools, telecommunications air time and accessories for Nextel telephones, computer hardware systems and software , office supplies, provide vehicle maintenance and upkeep, and allow us to attend training and conferences to help us fulfill our LEA responsibilities. Each of these items will facilitate our being able to complete our LEA responsibilities in enforcing the Public Resources Code, Health & Safety Code, and Local Regulations relating to solid waste Management. Employee safety and training is an up-most priority, and many of the expenditures are geared towards making working conditions as safe as possible, including the purchasing of steel toed footwear, safety bump hats, high visibility vests, and safety monitoring equipment. Lewis J. Pozzebon, R.E.H.S. DirectorlHealth Officer 9clgLP:SOLIDW ASTElEAG-I6/statement ofuse.doc