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Resolution No. 100311 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 10,031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF .VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN APPLICATION FOR A 2009/2010 USED OIL RECYCLING BLOCK GRANT WHEREAS, the people of the State of California have enacted the California Oil Recycling Enhancement Act that provides funds to cities and counties for establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS, the California Integrated Waste Management Board ("Waste Board".) has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, on June 16, 2008, the City Council of the City of Vernon adopted Resolution No. 9635 approving and authorizing the submittal to the Waste Board of an Application for a 2008/2009 Used. Oil Recycling Block Grant (Fourteenth Cycle) under the California.Oil Recycling Enhancement Act; and WHEREAS, in accordance with the Waste Board's approval of previous applications, the City of Vernon received grant funds of approximately Five Thousand Dollars ($5,000) on a yearly basis from 1997 through 2008 and used the funds to improve the public's awareness of.used oil recycling opportunities and the damage to the environment caused from releases of used oil; and WHEREAS, the Waste Board is offering an opportunity for cities to apply for the Fifteenth Cycle of Used Oil Recycling Block I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Grant Program for the fiscal year 2009/2010 and the expected grant fund level for Vernon is expected to be at Five Thousand Dollars ($5,000); and WHEREAS, the Director of Health & Environmental Control will continue to administer the Used Oil Recycling Block Grant Program on behalf of the City of Vernon and has recommended that the City apply for the Used Oil Recycling.Block Grant Program funds; and WHEREAS, by memo dated July 21, 2009, the Director of Health & Environmental Control has recommended that the 2009/2010 Used Oil Recycling Block Grant Program Application be approved and executed. 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 and authorizes the submittal to the Waste Board of a 2009/20101 Used Oil Recycling Block Grant Program Application, a copy of which is attached hereto as Exhibit A and incorporated by reference, for all available grants under the California Oil Recycling Enhancement Act. SECTION 3: The City Council of the City of Vernon hereby authorizes the execution of the Application by the Director of Health & Environmental Control on behalf of the City of Vernon and hereby authorizes the Director of Health & Environmental Control to execute lany and all documents, including but not limited to, applications, lagreements, amendments and requests for payment, necessary for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application for, and on behalf of, the - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IlCity of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the Director of Health & Environmental Control, or his designee, to send prior to July 31, 2009, the executed Application together with a copy of this Resolution to: If by U.S. Postal Service California Integrated Waste Management Board Attn: Financial Assistance Division, MS 9A Used Oil Recycling Block Grant FY 2009/2010 (15th Cycle) P.O. Box 4025 Sacramento, CA 95812-4025 If by Commercial Carrier or Hand -Delivered California Integrated Waste Management Board Attn: Financial Assistance Division, MS 9A Used Oil Recycling Block Grant FY 2009/2010 (15th Cycle) 1001 "I" Street Sacramento, CA 95814-2828 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk of the City of Vernon shall cause this resolution and her certification to be entered in the Book of Resolutions of the Council of this City. APPROVED AND ADOPTED this 27th day of July, 2009. AT EST: ?FUTTUELA GIRON, City Clerk Name: Hilario Gonzales Title: Mayor / - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 10,031, was duly passed, approved and adopted by the City Council of the City of Vernon at regular meeting of the City Council duly held on Monday, July 27, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed thisQ day of CJW74 2009, at Vernon, California. MANUELA GIRON, ity Clerk (SEAL) - 4 - EXHIBIT A STATE OF CALIFORNIA CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD GRANT APPLICATION FORM CIWMB 243 (Rev. 6/09) June 2009 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY Integrated Waste Management Board CIWMB 9 i ) USED OIL RECYCLING BLOCK GRANT PROGRAM APPLICATION 15th Cycle - Fiscal Year (FY) 2009/10 page GrantApplication Form........................................................................................................................... . 2 AdvancePayment Option................................................................................................:............................. 3 Permits & Letters of Authorization Certification.......................................................................................3 Environmental Justice Certification.......................................................................................................... 3 ResolutionRequirement.................................................................................... ...................................3 Acceptance of Grant Provisions ................................................................................................................3 Environmentally Preferable Purchases and Practices Policy Requirement ...................................................4 ApplicationCertification............................................................................................................................... 4 ApplicationChecklist .........................................................................................................................4-5 Complete applications, including an approved current resolution and, if applicable, current Letters of Authorization, must be postmarked by July 31, 2009. Hand -delivered applications must be received by the CIWMB no later than 3:00 p.m. on July 31, 2009, at 1001 "I" Street, Sacramento, CA 95814. No application time extensions will be granted. Appeals for exceptions to this deadline will not be considered. Faxed and e-mailed applications will not be accepted. Please follow instructions in the Application Guidelines and Instructions when completing this Application. The Application Guidelines and Instructions are critical to properly completing and submitting this Application. Applications become the property of the CIWMB and are subject to disclosure under the Public Records Act. Do not submit confidential information. Applications sent by U.S. Postal Service or a commercial delivery service should be sent in a manner that allows for tracking by the sender and that provides an addressed and dated receipt. Failure to do so is at the risk of the applicant and if delivery is delayed or the application is lost by the Post Office or delivery service, the burden is on the applicant to demonstrate timely mailing or delivery of the application. Used Oil Recycling Block Grant Program (FY 2009/10) USED OIL RECYCLING BLOCK GRANT PROGRAM - UBG16 (FY 2009/10) Comulete and submit all sections. APPLICANT / ORGANIZATION INFORMATION APPLICANT NAME (MUST MATCH RESOLUTION): CITY OF VERNON REQUESTED GRANT AMOUNT: it PARTICIPATING JURISDICTIONS (FOR REGIONAL PROGRAMS ONLY): (ROUND AMOUNTS TO THE NEAREST ' WHOLE DOLLAR) $59000.00 MAILING ADDRESS: 4305 S. SANTA FE AVE. CITY: VERNON ZIP CODE: !COUNTY: � LOS ANGELES _ 90058 PRIMARY CONTACT NAME: _ SIGNATURE AUTHORITY NAME: w - - (AS AUTHORIZED IN RESOLUTION) LEONARD GROSSBERG LEWIS J. POZZEBON TITLE: TITLE: _ CHIEF DEPUTY DIRECTOR _ DIRECTOR /HEALTH OFFICER TELEPHONE NUMBER: TELEPHONE NUMBER: 323/ 583-8811 FAX NUMBER: 323/ 583-8811 FAX NUMBER: it 323/ 588-4320 323/ 588-4320 —_ _ _ E-MAIL ADDRESS: E-MAIL ADDRESS: T _ 1grossber d.veruon.ca.us _ 1pozzebon&i.vernon.ca.us CONTRACTOR CONTACT NAME: _ AUTHORIZED DESIGNEE NAME: T —^� (IF APPLICABLE, AS AUTHORIZED IN LETTER OF DESIGNATION ILODD KEVIN SALES II LEWIS J. POZZEBON �I TITLE: _��_ --- ----� TITLE: DIRECTOR/ HEALTH OFFICER KJ SERVICES ENVIl20NMENTAL --_ - --�-- I CONSULTANTS NUMBER: — _ [TELEPHONEUMBER: i� I�TELEPHONE IIII 323/ 583-8811 i 562/693-0242 I, FAX NUMBER: I FAX NUMBER: �I 1323/ 588-4320 T I 562/698-1739 E-MAIL ADDRESS: _ E-MAIL ADDRESS: 1pozzebon@d.vernon.ca.us kjserv@aol.com INDICATE WHICH TYPE OF ENTITY YOU ARE (CHECK ONLY ONE: ® CITY ❑ COUNTY ❑ CITY & COUNTY l❑ OTHER (LIST TYPE) �I LEGISLATIVE DISTRICT NUMBERS (TO FIND YOUR DISTRICT, I USE MAILING ADDRESS ABOVE AND GO TO www.ciwmb.ca.00v/Profiles/Juris FEDERAL TAX IDENTIFICATION NUMBER: ASSEMBLY: SENATE: i ;I 146 _ _ 22 - 30 j 95-6000808 I! Used Oil Recycling Block Grant Program (FY 2009/10) For Grantees receiving $20, 000 or less, and multyurisdictional and regional grantees whose individual jurisdictions would have received $20, 000 or less had they applied individually — advance payment may be j available at CIWAIB Grant Manager discretion. Check box — ---- -- - --- ® 1 Request Advance Payment Option. Applicable permits and letters of authorization may be necessary to carry out collection activities funded by the Used Oil Recycling Block Grants. Your jurisdiction has or will obtain all the necessary permits for Used Oil Recycling Block Grantfunded activities or those entities with which you contract for collection activities have the applicable permits. If requested, these documents must be made available for review. [ Must check box j - - �We acknowledge that our organization will obtain the necessary permits and letters of ® authorization to carry out collection activities. CIWMB Grantees must in the performance of the Grant Agreement conduct their programs, policies, and j 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. (Govt. Code § 65040.12(e) and Public Resources Code § 71110(a)) Mustcheck box We acknowledge that our organization will comply with these principles of Environmental ® Justice. RESOLUTION REQUIREMENT Submit an approved Resolution, valid up to 5 years, with your application or the following acknowledgement (If applicable, submit a current Letter of Designation (LOD) for signature designee) MUSE Check -One See Used Oil Recycling Block Grant Supplemental Information and Application Guidelines & Instructions for Resolution and Letter of Designation (LOD) information and examples. 1 We acknowledge that an approved Resolution and, if applicable, LOD designating 1 additional signature authority _ is enclosed in theapplication.- i ------------------- ---------------------------- We acknowledge that our approved Resolution must be received by the CIW M no later than August 31, 2009. We further acknowledge that if our Resolution is received after this 1 date, our application will be disqualified. �T'�'14F'j'IiE ti e � T�a i Or By checking this box, Applicant acknowledges that submittal of this application constitutes ® acceptance of all Grant Agreement provisions as contained in the Terms and Conditions and Procedures and Requirements. To download these documents see: 1vww.ciwmb.ca. gLov/LJsedOil/GrantsBlock/ 15thCycle/default.htm Used Oil Recycling Block Grant Program (FY 2009/10) 3 No, our organization does not have an Environmentally Preferable Purchases and Practices ® Policy. APPLICATION CERTIFICATION Certfcation: I declare, under penalty of perjury under the laws of the State of California, that I have read all information in the Application Guidelines and Instructions and that all information submitted for the CIWMB's consideration for award of grant funds is true and accurate to the best of my knowledge. X Signature Authority - as authorized in Resolution; or Date Authorized Designee - as authorized in submitted Letter of Designation LEWIS J. DIRECTORMEALTH n�7r�n Print Name Print Title Used Oil Recycling Block Grant Program (FY 2009/10) 4 CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: July 28, 2009 TO: Lewis Pozzebon, Director of Environmental Health F Nelly Giron, City Clerk RE: Resolution No. 10,031 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Application for a 2009/2010 Used Oil Recycling Block Grant Transmitted herewith is a copy of Resolution No. 10,031, referenced above, which was approved by City Council on July 27 2009. Thank you. NG:dj Attachment c: Sharon Duckworth Masami Higa Joaquin Leon Resolution No. 10,031 Memorandum To: Sharon Johnson, City Treasurer Nel YCIMl,CityClelk From: Lewis Poazebm Dilutor of evil m ier" Healfh CC: Leonard Grossberg, Chief Deputy Director Date: July 27, 2009 Re: Application for Used Oil Block Grant Fiscal Year 2009-2010 On July 27, 2009 our department submitted an application to the California. Integrated Waste Management Board (CIWMB) for an annual Used Oil Block Grant. The CIWMB provides funds for local agencies to promote used oil recycling activities. The City is designated to receive $5,000.00, which must be used during the 2009-2010 Fiscal Year. Attached are the following: o A copy of the original application • A copy of the Application Guidelines and Instructions • A copy of the Terms and Conditions s A copy of the Procedures and Requirements Upon issuing the grant, the State will request a signature page before sending the funds. We will forward all documentation to you as we receive it. If you have any questions, feel free to contact us. Attachments 9cLG:Used Oil Grant/ 15'b Cycle/Used Oil grant memo.doc r HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT Lewis Pozzebon, Director/Health Officer 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 588-4320 July 27, 2009 California Integrated Waste Management Board Attn: Jo Glenn Financial Assistance Division MS #9A Used Oil Block Grant FY 2009/2010 (15'h Cycle) P.O. Box 4025 Sacramento, California 95812-4025 Subject: Application for Used Oil Block Grant FY 2009/2010 —15tb Cycle Dear Ms. Glenn: Enclosed with this letter are the following items required for the subject application: The original Block Grant Application ♦ Projected Expenditures in FY 2009/2010 CERTIFIED MAIL We will submit a signed original resolution by August 31, 2009 which authorizes our department to apply and carry out the provisions of the block grant. The Used Oil Grant Program has effectively promoted used oil recycling activities. The City of Vernon appreciates the California Integrated Waste Board's support of this. important program and we are looking forward to another productive grant cycle. If you have any questions regarding this grant application, please contact Leonard Grossberg at (323) 583-8811, ext. 231. ely, Lewis J. Pozzeb I , S. elfficer Director/Hath Attachments: (3) - Xc: Nelly Giron, City Clerk 9cLG:Used Oil/14t' Cycle/grant application FY2009-2010.doc iCcfusivefy Inddustrid STATE OF CALIFORNIA CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD GRANT APPLICATION FORM CIWMB 243 (Rev. 6/09) June 2009 • • :: 0 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY Integrated Waste Management Board (CIWMB) -�A�A ARC A*MICA! _.may 1��■ USED OIL RECYCLING BLOCK GRANT PROGRAM APPLICATION 15th Cycle - Fiscal Year (FY) 2009/10 page GrantApplication Form ......... ......:................................................................. .................... ...............2 AdvancePayment Option..............................................................................................................................3 Permits & Letters of Authorization Certification_.......................................................................................... 3 Environmental Justice Certification..............................................................................................................3 ResolutionRequirement................................................................................................................................3 Acceptance of Grant Provisions ........ .................................................................................... ...............3 Environmentally Preferable Purchases and. Practices Policy Requirement ........... .................... ...............4 ApplicationCertification.....................:..................................:................................................................4 Application Checklist.................................................................................................................................4-5 Complete applications, including an approved current resolution and, if applicable, current Letters of Authorization, must be postmarked by July 31, 2009. Hand -delivered applications must be received by the CIWMB no later than 3:00 p.m. on July 31, 2009, at 1001 "1" Street, Sacramento, CA 95814. No, application time extensions will be granted. Appeals for exceptions to this deadline will not be considered. Faxed and e-mailed applications will not be accepted. Please follow instructions in the Application Guidelines and Instructions when completing this Application. The Application Guidelines and Instructions are critical to properly completing and submitting this Application. Applications become the property of the CIWMB and are subject to disclosure under the Public Records Act. Do not submit confidential information. Applications sent by U.S Postal Service or a commercial delivery service should be sent in a manner that allows for tracking by the sender and that provides an addressed and dated receipt. Failure to do so is at the risk of the applicant and if delivery is delayed or the application is lost by the Post Office or delivery service, the burden is on the applicant to demonstrate timely mailing or delivery of the application. Used Oil Recycling Block Grant Program (FY 2009/10) 1 USED OIL RECYCLING BLOCK GRANT PROGRAM — UBG15 (FY 2009/10) Complete_and submit all sections.-4---- APPLICANT / ORGANIZATION INFORMATION I. APPLICANT NAME (MUST MATCH RESOLUTION): REQUESTED GRANT CITY OF VERNON AMOUNT: I---- -- - - - - "- (ROUND AMOUNTS TO THE NEAREST PARTICIPATING JURISDICTIONS (FOR REGIONAL PROGRAMS ONLY): WHOLE DOLLAR) f I $5,000.00 I I,i MAILING ADDRESS: I� 4305 S. SANTA FE AVE. I i CITY: i VERNON ---j�- ��--- --------------------- —------------- ---- ----- ---- - -- 'I ZIP CODE: -- II I II COUNTY: I. ' LOS ANGELES 1�90058 J PRIMARY CONTACT NAME: it SIGNATURE AUTHORITY NAME: j LEONARD GROSSBERG (AS AUTHORIZED IN RESOLUTION) I LEWIS J. POZZEBON T- - Ii TITLE: TITLE: Ij CHIEF DEPUTY DIRECTOR DIRECTOR / HEALTH OFFICER y �� TELEPHONE NUMBER: I� 323/ 583-8811 I� TELEPHONE NUMBER: ^_j 323/ 583-8811 -- j _----------- - --------- iiFAX NUMBER: i, FAX NUMBER: I (I li 323/ 588-4320 E-MAIL ADDRESS: - 323/ 588-4320 E-MAIL ADDRESS' -'-----`--,-.--� 1 II Irossber�(cr�ci.vernon.ca.us! _ — l AUTHORIZED DESIGNEE NAME: j 1 op zzebon )ci.vernon.ca.us CONTRACTOR CONTACT NAME: �(IF APPLICABLE. AS AUTHORIZED IN LETTER OF DESIGNATION [LOD)) ij KEVIN SALES i LEWIS J. POZZEBON - TITLE: i~ TITLE: I` jDIRECTOR/ HEALTH OFFICER i KJ SERVICES ENVIRONMENTAL CONSULTANTS TELEPHONE NUMBER: Ti ELEPHONE NUMBER: ^- I }; 323/ 583-8811 562/693-0242 FAX NUMBER: F� FAX NUMBER: �I �! 323/ 588-4320_ �i 562/698-1739 - ^� - -^--1 ICE -MAIL ADDRESS: �- E-MAIL ADDRESS: I lI Ipozzebon@ci.vernon.ca.us — u ----- _ kjserv@aol.com— - li _ 1I INDICATE WHICH TYPE OF ENTITY YOU ARE (CHECK ONLY ONE): - ® CITY ❑ COUNTY [ CITY & COUNTY ❑ OTHER (LIST TYPE i� LEGISLATIVE DISTRICT NUMBERS (TO FIND YOUR DISTRICT, i II USE MAILING ADDRESS ABOVE AND GO TO www.ciwmb.ca.gov/Profiles/Juris� i FEDERAL TAX IDENTIFICATION NUMBER: l ASSEMBLY: SENATE: �L46 195-6000808_ -- — _22 - 30--- -- --_-- -- Used Oil Recycling Block Grant Program (FY 2009/10) ADVANCE PAYMENT OPTION For Grantees receiving $20,000 or less, and multqurisdictional and regional grantees whose individual jurisdictions would have received $20, 000 or less had they applied individually - advance payment may be available at CIWMB Grant Manager discretion. Check box Request Advance Payment Option. Applicable permits and letters of authorization may be necessary to carry out collection activities funded by the Used Oil Recycling Block Grants. Your jurisdiction has or will obtain all the necessary permits for Used Oil Recycling Block Grantfunded activities or those entities with which you contract for collection activities have the applicable permits. If requested,_ these documents must be made available for review. Must check box ! =-- - -- -- - -- - ----- ----------- --- ® We acknowledge that our organization will obtain the necessary permits and letters of authorization to carry out collection activities. CIWIVIB Grantees mast in the performance of the Grant Agreement conduct their programs, policies, and it j 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. (Govt. Code § 65040.12(e) and Public Resources Code § 71110(a)) Mus."t cheek pox-- -=- -- - -- - ---= I 7 ® We acknowledge that our organization will comply with these principles of Environmental Justice. RESOLUTION REQUIREMENT Submit an approved Resolution, valid up to 5 years, with your application or the following acknowledgement (If applicable, submit a current Letter of Designation (LOD) for signature designee) - Must check one See Used Oil.Req"'T"' lgB pq rant Supplentental Information and Application Guidelines &Instructions for i I Resolution and Letter" of Designation _(LOD) information etnd.examples._ ❑ We acknowledge that an approved Resolution and, if applicable, LOD designating additional signature authority is enclosed in the application. ---------- ------ - -- ----- We acknowledge that our approved Resolution must be received by the CfWMB no later than August 31, 2009. We further acknowledge that if our Resolution is received after this date, our application will be disqualified. By checking this box, Applicant acknowledges that submittal of this application constitutes acceptance of all Grant Agreement provisions as contained in the Terms and Conditions and Procedures and Requirements. To download these documents see: Used Oil Recycling Block Grant Program (FY 2009/10) 3 ENVIRONMENTALLY PREFERABLE PURCHASES AND PRACTICES POLICY ACKN:OWLEDOEME "T - Acknowledgement that your organizationhas an Environmentally Preferable Purchases & Practices Policy Must check one -- - Yes, our organization has an Environmentally Preferable Purchases and Practices Policy. m Date adopted: -------------- No, our organization does not have an Environmentally Preferable Purchases and Practices Policy. APPLICATION CERTIFICATION Certcation: I declaunder penalty of perjury under the laws of the State of California, that 1 have read re, all information in t p cation G elines and Instructions and that all information submitted for the ClwMB's cons' rati to awa of g funds is true and accurate to the best of my knowledge. - -- -- - - - Signature Author' aut or" ed n esolution; or Date Authorized Designee - as autho ' in submitted Letter of Designation DIIRECTORMEALTH LEWIS J. POZZEBON OFFFICER - - -- -- - - -- - -- Print Name Print Title Used Oil Recycling Block Grant Program (FY 2009/10) 4 jResolufion Letter of Authori�aiQn ar Leifer cif Designatwr� Requirement See Used t Supplemental Information grid 4ppti�gtiQt: Gu%delin�s Instruehons for Resolution and Letter of �:;Desi�ngtton (LSD) zttformatton and,exarriples - Approved Resolution is included with Application; box is checked, or ®i If applicable, approved Resolution is not submitted with Application but will be submitted to the CiWMB for receipt by August 31, 2009; box is checked_ For Regional Applicants, Letters of Authorization are included with Application; box is checked, or If applicable, Letters of Authorization is not submitted with Application but will be submitted to the j CIWMB for receipt by August 31, 2009; box is checked. If applicable, Letter of Designation (LOD) is included with Application. j A LOD is not required to be submitted with the Application; however, it must be submitted prior to Designee's exercise of his/her authority. 1_._A_cvpt-04cnceGrant Provisions ® ! Box is checked. Environmenfally Preferable RUN Ases and Practices Policy ® Appropriate box is checked. �" Used OBI Block Grant hunds: Projected Expenditures (CIWIVl6 f44A) ® Box is checked. Used Oil Recycling Block Grant Program (FY 2009110) 5 - - Application Format.& Submittal ® Copies: One application with original signature (blue ink preferred) ® Paper: 8'/2 X 11, printed double -sided, single spaced, on 100% post consumer fiber, and numbered consecutively ® Font: Comparable to 12 pt. Times New Roman ® Addressed to the appropriate mailing address as follows: For delivery by the U.S. Post Office: California Integrated Waste Management Board Attn: Jo Glenn Financial Assistance Division, MS 9A Used Oil Recycling Block Grant FY 2009/10 (15th Cycle) P.O. Box 4025 Sacramento, CA 95812-4025 For hand delivery and common carrier: t California Integrated Waste Management Board Attn: Jo Glenn, MS 9A Used Oil Recycling Block Grant FY 2009/10 (15th Cycle) 1001 1 Street j Sacramento, CA 95814-2828 Used Oil Recycling Block Grant Program (FY 2009/10) 6 STATE OF CALIFORNIA CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD CIWMB 644A (Revised 6/09) Used Oil Block Grant Funds: Projected Expenditures in FY 2009/10 Grantees are required to submit projected expenditures for the activities to be conducted the upcoming Fiscal Year. The projected expenditure calculations document is part of the Used Oil Recycling Block Grant (UBG or Block Grant) 15th cycle application. It provides an evaluative tool for program staff assigned to manage the grant. 1. Grantee/Jurisdiction: The City of Vernon 2. Active Grant Funds To Be Expended From: - 15 th cycle: UBG- 09-0187 3. Expected Expenditures from July 1, 2009 through June 30, 2010 Estimate expenditures in both dollars and percentages of the total for each activity that applies to your program. Include staff costs in total dollars spent. PROGRAM EXPENDITURES (a) Certified Collection Center (CCC) Support $ 250 5 % M Site Visits ❑ CCC Employee Training ❑ Abandoned Oil Interventions ❑ Other: (b) Oil Collection Events: Total. Events: Total attendees: ❑ Oil Collection Containers:❑ Oil/Filter Coupons ® Oil Funnels/ Oil Rags $ 500 10 % ❑ Events"w/ filter: ❑ Events w/o filter: (c) Used Oil Hauling/Collection Cost: ❑ Certified Collection Centers ❑ HHW Permanent Facility / ABOPS ❑ Residential Curbside Route Door-to-door/On-call ❑ Agricultural Collection ❑ Non -Certified Collection Centers (Non-Ag) $ % ❑ Temporary / Mobile Events ❑ Small Quantity Generators ❑ AirportsEl Marinas ❑ Other: (d) Used Oil Filter Hauling/Collection Cost Certified Collection Centers ❑ HHW Permanent Facility / ABOPS ❑ Residential Curbside Route ❑ Door-to-door/On-call ❑ Agricultural Collection ❑ Non -Certified Collection Centers (Non-Ag) . $ % ❑ Temporary / Mobile Events ❑ Small Quantity Generators ❑ Airports ❑ Marinas ❑ Other: (e) Equipment Purchase and Facility Construction/Expansion: ❑ Oil Tank ❑ Filter Crusher ❑ Oil/Filter Drums ❑ Contaminated Oil Detection Kits $ % ❑ Facility Construction ❑ Facility Expansion ❑ Other Equipment (f) Oil Use Reduction Program: $ % ❑ Extended Oil Change Education ❑ Other: (g) Storm Water Mitigation Program: ❑ Storm Drain Marking ❑ Storm Drain Stenciling ❑ Debris Screen ❑ Catch Basin Inlet Insert ❑ Vertical Drop -In Parking Lot Inlet Insert $ % ❑ Publicity and Education ❑ Auto Engine Leak/Drip Prevention ❑ Other: (h) Grant Planning and Management - Staff time related costs billed to the grant only. Program - related section such as surveys, program evaluation, and annual report preparation should not be billed to $ 250 5% this section. (Please include in -kind staff contribution costs on page 3 only) (i) Other Grant -Related Expenses not included above: Please explain $ STATE OF CALIFORNIA CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD CIWMB 644 (Rev. 6/09) Dollars Spent IPUBLICITY AND EDUCATION EXPENDITURE MASS MEDIA (j) MEDIA TYPE: LANGUAGES used for mass media advertising/outreach: OUTREACH: ❑ Radio ❑ TV ® English ❑ Cambodian ❑ Newspaper ❑ Chinese ❑ Newsletter ❑ Hmong ❑ PennySaver ❑ Korean ❑ Post Card / Direct Mail ❑ Punjabi ❑ Posters / Flyers ❑ Russian ❑ Utility Bill Inserts ❑ Spanish ❑ Billboards ❑ Tagalog ❑ Website ❑ Vietnamese ❑ Other:. ❑ Other: $ %° PERSON TO (k) TARGET AUDIENCES Venue / Methods LANGUAGES used for PERSON FOR PERSON TO ❑ Point of Purchase Advertising personalized outreach: OUTREACH: PERSON OUTREACH: ❑ Immigrants ❑ English As Second Language Classes ❑ English ❑ Cambodian ❑ Ethnic Group(s) ❑ Auto Parts Store Collection ❑ Chinese ❑ Shade Tree Mechanics Event ❑ Hmong ® Auto Enthusiasts ❑ Car Club/Auto Events ❑ Korean ❑ Boaters ❑ Boater Shows/Meeting ❑ Punjabi ❑ Agriculture / Growers ❑ Driver Training/Auto Shop ❑ Russian El Truckers Classes ❑ Spanish El Fleet Managers ❑ Agricultural/Small Grower ❑Tagalog Small Businesses Meetings Environmental Events ❑Vietnamese ❑ Other: Cultural Events ❑ Other: El Other: Behavior -Change Outreach Strategies: E Personal Pledges ❑ Premium or Sign Prompts ❑ Community Member Endorsements El Persuasive Messages $ 500 10 % ❑ Other: (1) K-12 School Outreach: El Classroom Presentation (Curriculum) 0 School Presentation $ 1250 25% ❑ Disney's Environmentality Challenge ( 5`h Graders) ❑ Other: (m) Premiums: (Non -oil collection related - should be kept to minimum) List here: Used Oil Recycling Calendars - 2010 $ 2250 45 % TOTAL ESTIMATED EXPENDITURES: July 1, 2009 — June 30, 2010 (May include more than one Block Grant Cycle) $ 5,000 100 STATE OF CALIFORNIA CIWMB 644 (Rev. 6/09) CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD ESTIMATE OF IN -KIND CONTRIBUTIONS Specify type (e.g. printing, staff time, etc.,) source and dollar amount: l) Type: from for $ 2) Type: from for $ 3) Type: from for $ 4) Type; from' for $ $ % 5) Type from for $ Instructions for Completing Projected Expenditure for July 1, 2009—June 30, 2010 Work Completed From July 1, 2009 - June 30, 2010: This section contains a breakdown of funds to be expended during the next fiscal year from one or more active block grants. Its categories may vary from those that appear on the EIS documents. This section will give program staff improved data to identify potential areas for development. PLEASE PROVIDE DOLLAR AMOUNTS AND PERCENTAGE OF TOTAL ESTIMATED EXPENDITURES FOR EACH LINE ITEM. (a) Certified Collection Center (CCC) Support: Report all expenses and check boxes related to Site Visits, CCC Employee Training, Abandoned Oil Intervention, and Other Related Activities. (b) oil Collection Events: Report all expenses and check boxes related to Oil Collection Containers, Oil/Filter Coupons, Oil Funnels/Oil Rags; Events w/filter and Events w/o filter. Also include the total number of events in which you participated and the estimated total number of attendees at the events. (c) Used Oil Hauling/Collection Costs: Report all expenses and check boxes related to Certified Collection Centers, HHW Permanent Facility/ABOPS, Residential Curbside Route, Door-to-door/On- call, Agricultural Collection, Non -Certified Collection Centers (Non-Ag), Temporary/Mobile Events, Small Quantity Generators, Airports, Marinas and Other Related Activities. (d) Used Oil Filter Hauling/Collection Cost: Report all expenses and check boxes related to Certified Collection Centers, HHW Permanent Facility/ABOPS, Residential Curbside Route, Door-to-door/On- call, Agricultural Collection, Non -Certified Collection Centers (Non-Ag), Temporary/Mobile Events, Small Quantity Generators, Airports, Marinas and Other Related Activities. (e) Equipment Purchase and Facility Construction/Expansion: Report all expenses and check boxes related to the purchase of eligible equipment and the construction or expansion of facilities related to Oil Tank, Filter Crusher, Oil/Filter Drums, Contaminated Oil Detection Kits, Facility Construction, Facility Expansion and Other Equipment. (f) Oil Use Reduction Program: Report all expenses related and check boxes related to Extended Oil Change Education and Other Related Activities. (g) Storm water Mitigation Program: Report all expenses and check boxes related to Storm Drain Marking, Storm Drain Stenciling, Debris Screen, Catch Basin Inlet Insert, Vertical Drop -In Parking Lot Inlet insert, Publicity and Education, Auto Engine Leak/Drip Prevention and Other Related Activities. 3 STATE OF CALIFORNIA CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD CIWMB 644 (Rev. 6/09) (h) Grant Planning and Management: Report all expenses of staff time related costs billed to the grant only. Program -related cost related to Surveys, Program Evaluation and Annual Report Preparation should not be billed to this section. (i) Other Grant -Related Expenses not included above: Report all estimated expenses not covered in one of the categories listed above. Publicity and Education Expenditure (i) Mass Media Outreach: Report all expenses related to mass media outreach and check all boxes that describe your efforts regarding target audiences, media type, and languages utilized. (k) Person to Person Outreach: Report all expenses related to your efforts at personal contact with individuals from target audiences. Check off boxes that describe your efforts during the past fiscal year. Community Based Social Marketing (CBSM) or Behavior -Modification Tools Used during outreach: Check boxes that describe your efforts, if any, during the past fiscal year. (1) K-12 School Outreach: Report all expenses related to school outreach and check appropriate boxes. For more information about Disney's Environ mentality Challenge, a public/private partnership between the State of California and the Walt Disney Company, visit http://disney.go.com/environmentality/dec/discover.html. (m) Premiums: (Non -oil related): Report all estimated expenses related to the design, purchase, and dissemination of premiums not previously included in section 3b. These should be kept to a minimum. Estimate of In -Kind Contributions Estimate of In -Kind Contributions: List type of in -kind service, the source for it (such as, city funds, volunteers, donations, etc.) and the estimated value in dollars. � G a June 2009 • • • ° CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY Integrated Waste Management Board CIWMB IIN- -;... 9 9 C ) USED OIL RECYCLING BLOCK GRANT PROGRAM APPLICATION GUIDELINES & INSTRUCTIONS 15t" Cycle - Fiscal Year (FY) 2009/10 page Grant Program Overview and Guidelines Definitions................................................................................................................. ........................ 2 . Eligible Applicants ................................................... ............................................................................ 2 AvailableFunds..................................................................................................................................... 3 Grant Term, Grant Performance Period, and Report Preparation Period ............................................... 3 EligibleCosts...................................................................................................................................... 3-5 IneligibleCosts................................................................................................................................... 5-7 CopyrightRequirements........................................................................................................................ 7 Application Deadline & Submittal........................................................................................................ 8 Grant Application Review Process........................................................................................................ 9 GrantAward Process ....................................... :.................. ................................................................... 9 GrantAwards Conditions...................................................................................................................... 9 TentativeTimeline................................................................................................................................ 9 Grant Program Administration GrantAgreement Package.................................................................................................................... 10 ReportingProcess................................................................................................................................. 10 Grace Period for Submittal of Information to Complete Final Report ................................................ 10 PaymentRequest Process................................................................................................................. 10 AdvancePayments............................................................................................................................... 10 Grant Agreement Provisions .................... ..................................:......................................................... I I Required Documents, Information and Examples Resolution and Letter of Designation (LOD) .............................. 12 E GRANT PROGRAM OVERVIEW AND GUIDELINES The California Integrated Waste Management Board (CIWMB) offers the Used Oil Recycling Block Grant Program (UBG or Block Grant) pursuant to Section 48600 of the Public Resources Code. The purpose of the grant is to help local governments establish or enhance permanent, sustainable used oil and used oil filter collection programs. DEFINITIONS For purposes of this Grant Program, the following definitions apply: Contractor: An individual, business or company with which the Grantee enters into an agreement to perform grant -related services or activities, or provide materials or supplies for grant -related projects, services or activities. Grant Manager: The CIWMB staff person responsible for monitoring a particular grant. Grantee: The recipient of funds pursuant to a grant agreement. Letter of Authorization: A letter submitted by a jurisdiction (Regional Participant) to authorize another jurisdiction (Regional Lead) to apply for a Used Oil Recycling Block Grant and to act on its behalf in the implementation and administration of the grant. Letter of Designation: A letter submitted by the signature authority of an Applicant or Grantee which delegates authority to another individual (or position title), to execute, on behalf of the Applicant or Grantee, all grant -related documents, as authorized in the Resolution. Subcontractor: An individual, business or company with which the Grantee's Contractor enters into an agreement to perform grant -related services or activities, or provide materials or supplies for grant -- related projects, services or activities. All contracts and subcontracts related to the performance of the Grant Agreement are required to include the right of the CIWMB to audit records and interview staff as set forth in the Audits/Records Access section of the Terms and Conditions (Exhibit A). ELIGIBLE APPLICANTS Eligible applicants are limited to local governments, which are defined by Public Resources Code Section 48617 as: "any chartered or general law city, chartered or general law county, or any city and county. The applicant's local used oil collection program must include used oil and used oil filter collection opportunities and a public education element. To be eligible to apply for a UBG, local governments must: Have either one certified collection center per 100,000 residents or a curbside collection program that includes used oil collection. Grantees, or their contractors, must possess or acquire all applicable agreements/permits necessary to carry out the activities funded by the UBG and a copy or copies must be available for review. To be eligible to receive a UBG, local governments must: • Submit a timely, completed application package (includes Application Document, Projected Expenditures, Resolution and Letters of Authorization [required for Regional applications], if necessary); • Submit a completed Annual Report by August 15, 2009 (for all active grant cycles); • Have current and approved Annual Reports, if applicable; • Return the executed Grant Agreement within ninety (90) days of the date of mailing by the CIWMB; and, • Within 90 calendar days after the grant agreement mailing date, pay in full all outstanding debt(s) or bring current any installment payment(s) owed by the proposed Grantee to the CIWMB. (IFAPPLICABLE) REGIONAL APPLICATION REQUIREMENTS Local governments may join together in a regional program. A Regional Lead jurisdiction must be designated to act on behalf of all participating jurisdictions (see below for information regarding authorization documentation). The Regional Lead will be the Grantee who will be responsible for the performance of the grant and all required documentation. The CIWMB will direct all official correspondence and grant payments to the Regional Lead. If a jurisdiction is a participant in a regional program, it may not apply individually. Regional Lead: The approved resolution must authorize the jurisdiction to act as a lead. for a regional program and include authorization letters with original signatures dated within the last 12 months from participating jurisdictions authorizing the applicant to act on their behalf for this cycle. Regional participant: Provides a letter of authorization, dated within the last 12 months, to the Regional Lead authorizing the lead jurisdiction to act on its behalf for this cycle. Copies of the letters of authorization must be submitted with the Application. AVAILABLE FUNDS • A total of $6,000,000 is available for this grant cycle, fiscal year (FY) 2009/10, subject to funding availability. • Small jurisdictions (with population of approximately 18,830 or less for cities and 37,660 or less for counties) are guaranteed a minimum award of $5,000 for cities and $10,000 for counties. • (If applicable: For regional programs the award amounts are equal to the cumulative amount for which the participating jurisdictions are eligible.) GRANT TERM, GRANT PERFORMANCE PERIOD, AND REPORT PREPARATION PERIOD The Grant Performance Period begins on July 1, 2009, at which time eligible grant expenditures for UBG15 may start (subject to the Procedures and Requirements and Terms and Conditions of UBG14, until such time as the UBGI 5 Grant Agreement becomes effective.) In all cases, all eligible UBG15 costs must be incurred no later than June 30, 2012. The Grant Term and Grant Performance Period both begin on July 1, 2009, and the Grant Performance Period ends on June 30, 2012. The period between July 1, 2012, and August 15, 2012, is referred to as the Report Preparation Period. The Grant Term encompasses both the Grant Performance Period and the Report Preparation Period and ends August 15, 2012, at the conclusion of the Report Preparation Period. Costs incurred to prepare the Final Report and Final Payment Request, if any, are the only costs that are eligible for reimbursement during the Report Preparation Period. ELIGIBLE COSTS Eligible costs may be incurred only during the "Grant Performance Period" which starts July 1, 2009 and ends on June 30, 2012. Expenditures incurred by the Grantee before both parties have executed the UBG15 Grant Agreement are subject to the Procedures and Requirements and Terms and Conditions of UBG14, and are incurred at the Grantee's own risk. All grant awards are contingent upon compliance with the requirements of the UBG Program and certain other factors, which will be set forth in detail in the Award Letter the Grantee will receive from the CIWMB and Grantees may choose, at their own risk, to incur grant -eligible expenses after July 1, 2009, and prior to receipt of the fully executed Grant Agreement. Eligible costs include, but are not limited to: Expenditures associated with the tasks or products listed below must be approved in writing by the CIWMB Grant Manager prior to purchase or production. Please retain all approvals for audit purposes. Items not pre -approved MAY NOT be an eligible expenditure and payment may be denied. Allow at least five (5) working days for approval of the following items: • Premiums if the per item cost exceeds twenty dollars ($20, not including sales tax) • All television, video, and radio scripts • School presentations (submit script and presentation purpose) • Purchase of equipment, vehicles, and trailers, if $5,000 or more total for the grant or more than 10 percent of the grant award • Purchase of computer equipment and software, if over $1,000 total for the grant or more than 10 percent of the grant award • Financial incentives, if over $1,000 per year total for the grant or more than 10 percent of the grant award (includes: sponsorships, stipends, etc.) • Planning, background, or feasibility studies All expenditures must be incurred, and payment made, with services provided and goods received during the grant cycle, July 1, 2009 - June 30, 2012, The expenditures listed below DO NOT require advance approval by the CIWMB Grant Manager if they are related to the establishment, maintenance, or enhancement of used oil and used oil filter collection programs. • Travel expenses (Note: Travel expenses will only be reimbursed at the State rate (the rate allowed by the State of California Department of Personnel Administration); contact your Grant Manager if you need assistance in identifying applicable rates) • Used oilcollection o Used oil and used oil filter collection (includes curbside and door-to-door) o Certified and non -certified used oil collection center support o Used oil collection through Household Hazardous Waste (HHW) Programs, including transportation costs of used oil o Certified Unified Program Agency (CUPA) inspection fees of Certified and Non - Certified Used Oil Collection Centers with or without service bays (regardless of whether used oil is generated as part of business operations); Grantees can verify whether the billing agency is a certified CUPA by going to: www.calepa.ca.gov/CUPA/Director/default.aspx; CUPA inspection fees reimbursement must be proportionally related to the percentage of do-it-yourself (vs. do -it -for -me) used oil generated at the business o Set-up and operation of temporary facilities for one -day or multi -day HHW collection events where used oil will be accepted o Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) 8-hour refresher training course for personnel who are directly involved with used oil and Household Hazardous Waste collection o Agricultural used oil collection projects o Marina used oil collection projects o Airport used oil collection projects o Construction of Permanent HHW Collection Facility (PHHWCF) and Antifreeze, Battery, Oil, and Paint Facility (ABOP) where used oil is accepted — permanent features, used oil -related equipment and supplies are eligible .• Re -Refined Oil use for public fleets o Covers only the cost differential between re -refined and virgin oil and the cost of promotion to fleet managers • Re -refined oil for non -fleet (consumer) promotion and distribution o Grantees must first confirm the availability of re -refined oil for sale at a retail establishment in their community and provide information to the public on where to purchase the re -refined oil • Publicity and education materials o Purchase and distribution of used oil containers, funnels, shop rags, coupons o Other premiums whose cost is less than $20.00 and directly relate to and/or will be used for used oil and used oil filter collection and recycling needs and/or will be clearly linked to behavioral. change that leads to an increase in used oil and used oil filter recycling. • Personnel costs for used oil/used oil filter recycling activities o Training costs directly related to used oil/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 funds reimbursed and are supported with a cost -allocation plan • Storm water mitigation (refer to section below for details) • Additions/modifications that update an existing Grantee Web -page • Audit expenses for UBG and Opportunity Grant cycles. Time and funds related to the audit should be described in the current UBG Expenditure Itemization Summary and must be for an audit of specific cycle(s) of the UBG and/or Opportunity Grant conducted by the CIWMB, California Department of Finance and/or California State Controller's Office. Expenses for audits of the Grantee's entire organization, or portions thereof, which include a review of one or more UBG and/or Opportunity Grant cycles are not eligible for reimbursement Since January 2002, some storm water mitigation expenditures are considered eligible expenses. Storm water mitigation is defined in Public Resources Code Section 48618.4 to include "...the prevention of storm water pollution from used oil and oil byproducts and the reduction or alleviation of the effect of storm water pollution from used oil and oil byproducts by means of action taken on public property. Mitigation includes the installation of devices and implementation of practices that prevent used oil and oil byproducts from causing storm water pollution. Mitigation does not include the cleanup or restoration of polluted areas". • Storm water expenses may not exceed 50% of the UBG award • All related storm water expenses such as personnel, publicity and education, stenciling, and storm water filter purchase/maintenance is counted towards the 50% cap • To be eligible, each jurisdiction must certify that it has a storm water mitigation program that has been approved by its local Regional Water Quality Control Board • All storm water expenses must be accounted for, and reported as a separate category on the Expenditure Itemization Summary The following types of storm drain filters (inserts; debris screens) are eligible: • A debris screen that covers the opening to the storm drain inlet: regular municipal street -sweeping must occur where debris screens are installed • A catch basin (street side) inlet insert that does not contain oil absorbent media • A catch basin inlet insert that does contain oil absorbent media plus a debris screen that covers the opening to the storm drain inlet: (the debris screen prevents debris and sediment from entering the storm drain and obstructing the oil absorbent media) • A vertical drop -in parking lot inlet insert that does contain oil absorbent media (must be covered by a grate or debris screen) Note: Periodic clean -out of catch basin inlet inserts and replacement of their oil -absorbent media are eligible for grant funding. However, street sweeping, parking lot cleaning, and clean -out of catch basin inlets without inserts are not eligible for grant funding. INELIGIBLE COSTS Any expenditure that does not support the implementation of used oil and used oil filter collection programs is ineligible for UBG funding. The activities, products, or expenditures listed below are specifically identified as ineligible. Ineligible costs include, but are not limited to: • Costs incurred prior to July 1, 2009, or after June 30, 2012 • Costs incurred during the Report Preparation Period (July 1, 2012 -August 15, 2012), except for the costs incurred to prepare the Final Report and Final Payment Request, if any • Costs incurred during the Grace Period (August 16, 2012 —November 15, 2012) • Purchasing or leasing of land or buildings • Costs currently covered by or incurred under another CIWMB loan, grant, or contract • Purchase or lease of vehicles by non -governmental agencies • Remediation (any cleanup or restoration of polluted areas) • HAZWOPER 40-hour and 24-hour courses • Enforcement activities • Profit or mark-up by the Grantee • Preparation of Household Hazardous Waste elements (HEAVE) • Out -of -State travel • Developing or customizing of school curricula • Overtime costs/Compensated Time Off (except for local government staffing during specially scheduled evening or weekend events outside of staffs normal work hours when law or labor contract requires overtime compensation) • Any food or beverages (e.g., as part of meetings, workshops, or events) • Cell phones, pagers, cameras; personal digital assistants, and other similar electronic devices • Premiums that contribute to the HHW waste stream • Transportation & disposal of non -oil HHW from any facility or event • Equipment, materials, or supplies at HHW facilities or antifreeze, battery, oil, and paint facilities (ABOP) not directly related to the collection of used oil and used oil filters • Any costs not consistent with local, state, or federal statutes, ordinances and regulations • Travel expenditures that exceed the State rate (for hotel and meal rates, see http://www.dpa.ca.gov/iobinfo/Short-TermTravel/Excluded/599 619.shtm). • 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., use of 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 CIWMB 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 CIWMB Grant Manager. In no event may products be delivered after the end of the Grant Term) • Fines or penalties due to violation of federal, state or local laws, ordinances, or regulations (including, but not limited to, CUPA fines or penalties) • Costs to maintain an existing HHW program where used oil is not collected • Developing any type of permanent facility on non -local government -owned property • Expenses for audits of the Grantee's entire organization, or portions thereof that include a review of one or more UBG and/or Opportunity Grant cycles are not eligible for reimbursement • Costs deemed by the CIWMB Grant Manager to be unreasonable or not related to the purpose of the grant 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 requirements as set forth in the Terms and Conditions, and must include the following: a) Acknowledgement of the CIWMB funding that reads "Funded by a Grant from the California Integrated Waste Management Board." Use of the initials "CIWMB" is not sufficient. Exception: The acknowledgement line is not required on small items (pencils, small magnets, etc.) where space constraints would not allow for this line, or if it would interfere with the message. b) Specific information on used oil/used oil filter recycling/disposal. c) A list of used oil collection centers within the targeted community or a telephone number to call for information on local collection centers. When locations are listed, include the following language: "Call for hours of operation." (Use the 1-800-CLEANUP number [or www.cleanup.org website] if your jurisdiction does not maintain its own 24-hour hotline.) d) The "Used Oil Drop" logo with the words "Recycle Used Oil" or "Recycle Used Oil and Used Oil Filters" as appropriate. . Premiums must be appropriate for the target audience, durable, and not likely to be disposed of in a short time or to contribute to the waste stream or hazardous waste stream (e.g., any item containing batteries, mercury, etc.); and not promoting a particular brand -name products or private businesses. Premiums must directly relate to and/or be used for used oil and used oil 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. For all languages other than English, Grantee must work with a person fluent in reading and writing the language. A description of the translator's qualifications, as well as an English version of the material must be submitted with the Final Report. Of key importance is that the translated material is at a reading level appropriate for its targeted audience.' COPYRIGHT REQUIREMENTS The following language must appear on any copyrightable material produced with CIWMB funds: Copyright language: 0 (year of creation) by the California Integrated Waste Management Board (CIWMB). All rights reserved. This publication, or parts thereof, may not be reproduced without permission from CIWMB. ' There are only two acceptable Spanish translations: "Financiado por una beca del California integrated Waste Management Board" or "Patrocinado por Tondos del California Integrated Waste Management Board." For other languages, you must work with a certified translator or person fluent in reading and writing that language. For copyrightable material produced in Spanish, the following language must appear: © Copyright (year of creation) California Integrated Waste Management Board (CIWMB). Todos los derechos reservados. Esta publicaci6n, o partes, no puede ser reproducido sin permiso de CIWMB. Examples of copyrightable material include but are not limited to: • CDs and DVDs of audio and/or visual material • Computer Software • Brochures, pamphlets, and reproductions of advertisements designed for distribution Please check with your CIWMB Grant Manager with specific questions about the requirement to include the copyright language. Both storm water and/or HH W recycling programs may be incorporated with the used oil recycling message on publicity and education (P&E) items. The funding level for the P&E portion for these programs will be determined on a case -by -case basis by the CIWMB Grant Manager. To be eligible for any funding, the proposal must meet the minimum requirements for Used Oil P&E, and clearly support all of the key components of the UBG program. Graphics are available on the C1WMB's website at: www.ciwmb.ca.gov/UsedOil/graphics/default.htm#llsedoil) Use the State colors (blue oil drop on yellow background) on any material produced in four or more colors. (The color designation for professional printing is Yale Blue-Pantone 286C; Golden Yellow- Pantone 123C.) GRANT APPLICATION DEADLINE & SUBMITTAL Complete applications, including an approved current resolution and, if applicable, current Letters of Authorization, must be postmarked by July 31, 2009. Hand -delivered applications must be received by the CIWIVIB no later than 3:00 p.m. on July 31, 2009, at 1001 "I" Street, Sacramento, CA 95814. No application time extensions will be granted. Appeals for exceptions to this deadline will not be considered. Faxed and e-mailed applications will not be accepted. If you have questions regarding the receipt of applications which are sent via U.S. Postal Service or commercial delivery service, please contact Jo Glenn (by either e-mail liglenn@a ciwmb.ca.gov] or fax [(916) 319-73931). 1j.S. Postal Service: Commercial Carrier or Hand -Delivered: California Integrated Waste Management Board California Integrated Waste Management Board Used Oil Recycling Block Grant Program Used Oil Recycling Block Grant Program Financial Assistance Division, MS 9A Financial Assistance Division, MS 9A ATTN: Jo Glenn ATTN: Jo Glenn P.O. Box 4025 10011 Street Sacramento, CA 95812-4025 Sacramento, CA 95814-2828 Applications sent by U.S. Postal Service or a commercial delivery service should be sent in a manner that allows for tracking by the sender and that provides an addressed and dated receipt. Failure to do so is at the risk of the Applicant and if delivery is delayed or the Application is lost by the Post Office or delivery service, the burden is on the Applicant to demonstrate timely mailing or delivery of the Application. GRANT APPLICATION REVIEW PROCESS After the close of the application period, CIWMB Staff will review the Applications for completeness and eligibility. Only complete applications can be considered for award. GRANT AWARD PROCESS For qualifying applications, CIWMB Staff will develop funding recommendations, approval of which the Board has delegated to the Executive Director. The award is tentatively scheduled for Fall 2009. CIWMB reserves the right to not award any grant funds under one or more cycles. GRANT AWARDS CONDITIONS The Board awards this Grant subject to two conditions: 1) the recommended Grantee's Signature Authority (or where delegation is authorized), his/her Designee must sign and return the Grant Agreement to CIWMB within 90 days from the date of mailing by the CIWMB; and 2) the recommended Grantee must: a) pay all outstanding debts due the CIWMB, or b) bring current outstanding payments owed to the CIWMB within 90 calendar days from the date the Board conditionally awarded the Grant. Failure to comply with either requirement will render the award null and void TFNTATIVE TIMELINE FOR USED OIL RECYCLING BLOCK GRANT PROGRAM FY 2009110 D��� ACtlYltj/ Application Deadline July 31. 2009 • Mailed applications must be_postmarked by this date _ ------------------------- July 31, 2009 Hand delivered applications must be received and date stamped by the 3:00 P.M. CIWMB by this date and time If Resolution not submitted with the Application August 31, 2009 Ap roved Resolution must be received by the CIWMB by this date _ Grants Awarded Fall 2009 Executive Director considers funding recommendations, and if approved, awards grants Grant Performance Period — may incur costs as outlined in the July I, 2009 —June 30, 2012 Grant Agreement and Procedures and Requirements July 1, 2012 —August 15, Report Preparation Period — only expenses incurred for preparation of Final Report and Final Payment Request are eligible 2012 for reimbursement Final Report, Final Payment Request and Request for 10% withhold August 15, 2012 Deadline Grace Period for submission of information to complete the Final August 16, 2012 — November Report — may submit information, but any costs incurred are not 15, 2012 eli ible for reimbursement GRANT PROGRAM ADMINISTRATION GRANT AGREEMENT PACKAGE Following the Board's conditional approval of the Grant awards, Grantees will be mailed a Grant Agreement Package. The grant agreement consists of the following items: • Grant Agreement Form (CIWMB 110). • Exhibit A —Terms and Conditions: contain CIWMB's standard legal requirements for Grants. Note: See http://www ciwmb ca �ovIUsedOillGrants/Blockl]5thCycle/Agreement/TCs.pdf to download the 'Terms & Conditions when posted. • Exhibit B—Procedures and Requirements: contain specific requirements for administering this Grant, including but not limited to project, reporting, and audit requirements. Note: See http://www ciwmb ca.govIUsedOillGrantsIBlockl]5thCycle/Agreement/PRs.pdito download a draft of the Procedures & Requirements when posted. • Attachment I —Forms: CIWMB forms to be used throughout the Grant Performance Period, Additional Resources and Contact Information. Note: See http•//www ciwmb ca gov/UsedOil/Grants/Block/15thCycle/Application/Supplemental.pdf to download the form. REPORTING PROCESS Grantees are required to report on the progress of their Grant on an annual basis. The Final Report is due on August 15, 2012. Detailed reporting information will be included in Exhibit B — Procedures & Requirements of the Grant Agreement Package when posted. GRACE PERIOD FOR SUBMITTAL OF INFORMATION TO COMPLETE FINAL REPORT The deadline for the Final Report is August 15, 2012. However, the period from August 16, 2012, to November 15, 2012, is a Grace Period during which the Grantee may submit missing information and receive approval of the Final Report. Expenses incurred by the Grantee after August 15 will not be eligible for reimbursement. UBG15 applicants who miss the July 31, 2009, application submission date or who miss the August 31, 2009, date for submission of local government resolutions will not be eligible for UBG15 but will retain their eligibility for subsequent UBGs if they submit an Annual Report for all other open UBGs by November 15, 2009, that is subsequently approved by the CIWMB Grant Manager. PAYMENT REQUEST PROCESS Eligible costs are authorized for reimbursement upon the CIWMB Grant Manager's approval of the Payment Request, and if required, the accompanying Final Report. Payment Requests must include itemized documentation of claimed expenses (e.g., itemized receipts and proof of payment of invoices). Ten percent (10%) of each approved Payment Request amount will be retained by the CIWMB until the requirements of the Grant Agreement have been satisfactorily completed and the CIWMB Grant Manager approves the Final Report, the Final Payment Request and all required supporting documentation. Failure to submit these final documents by the deadline specified in the Procedures & Requirements or failure to receive the CIWMB Grant Manager's approval of these documents by August 15, 2012, may result in the nonpayment of otherwise eligible costs. Detailed payment, information will be included in Exhibit B — Procedures & Requirements of the Grant Agreement Package when posted. ADVANCE PAYMENTS As provided for in the Terms and Conditions, the CIWMB may, at the discretion of the CIWMB Grant Manager, advance up to ninety percent (90%) of the grant funds to the Grantee. The remaining ten percent (10%) shall be reimbursed to the grantee upon satisfactory completion of the Grant Agreement. To be considered for the ninety percent (90%) advance payment, the Grantee must return the signed Grant 10 Agreement within ninety (90) days from the date mailed by the CIWMB and a completed Grant Payment Request form (CIW WMB 87). Grantees receiving $20,000 or less, and multi jurisdictional and regional grantees whose individual jurisdictions would have received $20,000 or less had they applied individually are eligible for advance payments at the CIWMB Grant Manager's discretion. The designated signature authority, or his/her designee via submitted Letter of Designation, if authorized in the resolution, must sign the Grant Agreement and Grant Payment Request form. Payment will be made only to the Grantee. It is the responsibility of the Grantee to pay all contractors for purchased goods and services. Upon receipt of advanced grant funds, the Grantee shall deposit and maintain until expended all grant funds in an interest -bearing account within a federally insured financial institution. Grantee shall maintain a separate accounting system for the grant funds including the earned interest. All earned interest must be tracked for reporting purposes. Spending of earned interest must he pre -approved in writing by the CIWMB Grant Manager. Grant funds must be used for eligible costs as described in the Eligible Costs section and must be spent in the following order: 1. Advance payment 2. Reimbursement payment [(ten percent (10%) withhold)] 3. Interest earned on advance payment, if pre,approved in writing by the CIWMB Grant Manager. Any unspent grant funds or unspent earned interest must be returned to the CIWMB by the end of the Grant Term. GRANT AGREEMENT PROVISIONS; INCLUDING AUDIT REQUIREMENTS AND WAIVER OF PERSONAL JURISDICTION As with all Grant Agreement provisions, the following provisions are non-negotiable. Submittal of an Application constitutes acceptance of the provisions. I . Audit/Records Access. The Grantee agrees that the CIWMB, 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 years after final payment or the end of the Grant term, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute or audit, whichever is later. The Grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably, have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement. 2. Waiver of Personal Jurisdiction: Should CIWMB seek reimbursement of costs paid to a Grantee as a result of an audit finding, the Grantee hereby waives any jurisdictional defenses and expressly waives tribal sovereign immunity as a defense to any action in any court of the State of California for the recovery of such funds. 11 REQUIRED DOCUMENTS: RESOLUTION AND LETTER OF DESIGNATION INFORMATION AND EXAMPLE RESOLUTION INFORMATION -for applicants subject to a governing body, e.g., City Council, Board of Directors The Grant Application requires an approved Resolution, dated and attested to/certified, which 1. Authorizes the submittal of the Application(s): • for all CIWMB grants for which Applicant is eligible; or • for this Grant and other specifically identified CIWMB Grants; or • for only this Grant. 2. Identifies the job title of the person authorized to execute applications, agreements, amendments, requests for payment and all grant documents necessary to secure grant funds and implement the approved Grant Project (Signature Authority). 3. Authorizes the Signature Authority to delegate this authority (not required but encouraged). 4. Authorizes application submittal and Signature Authority for a period up to five (5) years from the date of adoption. A copy of the authorizing Resolution is a required Application document. However, if Applicant needs additional time to obtain the Resolution, it must be received no later than August 31, 20.09. If not received by this date the Application will be disqualified. The following Resolution is for example purposes only. Please consult with your attorney to determine the Resolution language most appropriate for the Application. Other examples are available online. RESOLUTION EXAMPLE WHEREAS, Public Resources Code sections 40000 et seq. authorize the California Integrated Waste Management Board (CIWMB) to administer various Grant Programs in furtherance of the State of California's (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, in furtherance of this authority the CIWMB is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, Grant Application procedures require an Applicant's governing body to authorize by resolution its approval for submittal of the Grant Application(s) identified below, and the designation by i job title of the individual authorized to execute all Grant documents on behalf of (Name of Applicant); and WHEREAS, if awarded, (Name of Applicant) will enter into a Grant Agreement with the CIWMB for implementation of said Grant(s). NOW, THEREFORE, BE IT RESOLVED that the (Title of Governing Body) authorizes the submittal of application(s) to the C1W7vlB for all grants for which (Name of Applicant) is eligible. BE IT FURTHER RESOLVED that this authorization is effective for (Insert Time Period: from i Month, Day, Year through Month, Day, Year); time period not to exceed five (5) years from date of adoption; { BE IT FURTHER RESOLVED that the Job Title , or his/her designee is hereby authorized and empowered to execute in the name of the Name of Applicant) all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project. 12 LETTER OF DESIGNATION FOR DELEGATION INFORMATION for Applicants who authorize their Signature Authority to delegate his/her authority This letter to the CIWMB is not an Application requirement; however, it is required prior to the Designee's exercise of his/her authority. The letter must be on the Applicant's letterhead, dated within the last 12 months, and signed by the Signature Authority. The letter must: • identify the job title of the Designee; and • identify the scope of the Designee's authority. The following letter is for example purposes only. Please consult with your attorney to determine the language most appropriate for the Application. LETTER OF DESIGNATION EXAMPLE I am the designated Signature Authority for (name of Applicant/Grantee). I am authorized to execute on behalf of (name of Applicant/Grantee) all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved Grant Project. I am authorized to delegate this authority. Accordingly, I hereby delegate this authority to the (Job Title of Designee), who is specifically identified below. Name & Job Title Mailing Address City, State, Zip Code Telephone Number 13 EXHIBIT A TERMS AND CONDITIONS Used Oil Recycling Block Grant Program Fiscal Year 2009/10 (Cycle 15) This grant may not be funded unless the proposed Grantee meets the following two conditions: 1. The proposed Grantee must pay or bring current all outstanding debts or scheduled payments owed to the California Integrated Waste Management Board within ninety (90) days from the date of the grant award. 2. The proposed Grantee must complete, sign, and return the Grant Agreement within ninety (90) days from the date recorded on the Grant Agreement package's cover letter. The following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise: "CIWMB" means the California Integrated Waste Management Board. "Executive Director" means the Executive Director of the CIWMB or his or her designee. "Grant Agreement" and "Agreement" means all documents comprising the agreement between the CIWMB and the Grantee for this Grant. "Grant Manager" means the CIWMB staff person responsible for monitoring the grant. "Grantee" means the recipient of funds pursuant to this Agreement. "Program" means the Used Oil Recycling Block Grant Program. "State" means the State of California, including, but not limited to, the CIWMB and/or its designated officer. 1. The Grantee shall acknowledge the CIWMB's support each time projects funded, ACKNOWLEDGEMENTS in whole or in part, by this Agreement are publicized in any medium, including, but not limited to, news media, brochures, or other types of promotional material. The acknowledgement of the CIWMB's support must incorporate the CIWMB Initials or abbreviations for the CIWMB shall not be used. The Grant Manager may approve deviation from this prescribed language on a case -by -case basis where such deviation is consistent with the CIWMB's Communication Strategy and Outreach Plan. If, subsequent to this Agreement, the CIWMB adopts updated or new logos or language (language), the Grant Manager may require the Grantee to include this language in newly printed or generated materials. 2. ADVERTISING/ The Grantee shall submit copies of all draft public education or advertising PUBLIC EDUCATION materials to the Grant Manager for review and approval prior to the Grantee's production of materials. Unless omission of the following copyright designation is pre -approved in writing by the Grant Manager, all public education and advertising materials shall state: "© {year of creation) by the California Integrated Waste Management Board (CIWMB). All rights reserved. This publication, or parts thereof, may not be reproduced without permission from CIWMB." 3. AIR OR WATER Under the State laws, the Grantee shall not be: POLLUTION VIOLATION a. In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; b. Subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharee Revised 4/29/09 — Entitlement T's & C's requirements or discharge prohibitions; or c. Finally determined to be in violation of provisions of federal law relating to air or water pollution. 4. AMENDMENT No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. 6. AMERICANS WITH The Grantee assures the State that it complies with the Americans with DISABILITIES ACT Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101 et seq.) The Grantee by signing this agreement hereby certifies that if these services or 6. ANTITRUST CLAIMS goods are obtained by means of a competitive bid, the Grantee shall comply with the requirements of the Government Codes Sections set out below. a. The Government Code Chapter on Antitrust claims contains the following definitions: 1). "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code. 2). "Public purchasing body" means the State or the subdivision or agency malting a public purchase. Government Code Section 4556. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder. Government Code Section 4552. c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553. d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for Revised 4/29/09 — Entitlement T's & C's which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action.for the cause of action. See Government Code Section 4554. 7. ASSIGNMENT, a. This Agreement may not be assigned by the Grantee, either in whole or in SUCCESSORS AND part, without the CIWMB's prior written consent. ASSIGNS b. The provisions of this Agreement shall be binding upon and inure to the benefit of the CIWMB, the Grantee, and their respective successors and assigns. 8. AUDIT/RECORDS The Grantee agrees that the CIWM13, the Department of Finance, the Bureau of ACCESS State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit fora minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement. [You may find it helpful to share the Terms and Conditions and Procedures and Requirements with your finance department, contractors and subcontractors. Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks.? 9. AUTHORIZED The Grantee shall continuously maintain a representative vested with signature REPRESENTATIVE authority authorized to work with CIWMB on all grant -related issues. The Grantee shall, at all times, keep the Grant Manager informed as to the identity and contact information of the authorized representative. 10. AVAILABILITY OF The CIWMB's obligations under this Agreement are contingent upon and subject FUNDS to the availability of funds appropriated for this grant. 11. CHILD SUPPORT For any agreement in excess of $100,000, the Grantee acknowledges that: COMPLIANCE ACT a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and b. The Grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Revised 4/29/09 — Entitlement T's & C's Employment Development Department. 12. COMMUNICATIONS All communications from the Grantee to the CIWMB shall be directed to the Grant Manager. All notices, including reports and payment requests, required by this Agreement shall be given in writing by E-mail, letter, or FAX to the Grant Manager as identified in Exhibit B — Procedures and Requirements. If an original document is required, prepaid mail or personal delivery to the Grant Manager is required following the E-mail or FAX. 13. COMPETITIVE The CIWMB encourages Grantees to use a competitive bidding process or to BIDDING require and maintain on file a written justification for any exceptions thereto, when contractingfor services required under this Agreement. 1+4. 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. 15. CONFLICT OF The Grantee needs to be aware of the following provisions regarding current or INTEREST former state employees. If the Grantee has any questions on the status of any person rendering services or involved with this Agreement, the CIWMB must be contacted immediately for clarification. Current State Employees (Public Contracts Code (PCC) § 10410): a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (PCC § 10411): a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision -making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy -making position in the same general subject area as the proposed contract within the twelve month period prior to his or her leaving state service. If the Grantee violates any provisions of above paragraphs, such action by the Grantee shall render this Agreement void: (PCC § 10420). Revised 4/29/09 — Entitlement T's & C's 16. CONTRACTORS/ The Grantee will be entitled to make use of its own staff and such contractors SUBCONTRACTORS and subcontractors as are mutually acceptable to the Grantee and the CIWMB. Any change in contractors or subcontractors must be mutually acceptable to the parties. Immediately upon termination of any such contract or subcontract, the Grantee shall notify the Grant Manager. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the CIWMB and any contractors or subcontractors of Grantee, and no agreement with contractors or subcontractors shall relieve the Grantee of its responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the CIWMB for the acts and omissions of its contractors and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its contractors and subcontractors is an independent obligation from the CIWMB's obligation to make payments to the Grantee. As a result, the CIWMB shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor. 17. COPYRIGHTS AND a. To the extent the Grantee shall have the legal right to do so, Grantee TRADEMARKS shall assign to the CIWMB any and all rights, title, and interests to any copyrightable material or trademarkable material created or developed in whole or in any part as a result of this Agreement, but which originated from previously copyrighted or trademarked material. With respect to all other copyrightable and trademarkable materials, the CIWMB shall retain any and all rights, title and interests to any copyrightable material or trademarkable material created or developed in whole or in any part as a result of this Agreement. These rights, both assigned and retained, shall include the right to register for copyright or trademark of such materials. Grantee shall require that its contractors and subcontractors agree that all such materials shall be the property of the CIWMB. The Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images or other materials owned, copyrighted or trademarked by third parties and for assigning such licenses, permissions, releases, or authorizations to the CIWMB pursuant to this section. Copies of any licenses, permissions, releases or authorizations obtained pursuant for the use of text, images or other materials owned, copyrighted or trademarked by third parties shall be provided to the Grant Manager. Under unusual and very limited circumstances, where to do so would not conflict with the rights of the CIWMB and would serve the public interest, upon written request by the Grantee, the CIWMB may give, at the Executive Director's sole discretion, written consent to the Grantee to retain all or any part of the ownership of these rights. b. The CIWMB hereby grants to the Grantee a royalty -free, nonexclusive, nontransferable world-widelicense to reproduce, translate, and distribute copies of the copyrightable materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on the Grantee's behalf. This license is limited to the copyrightable materials produced pursuant to this Agreement and does not extend to any materials capable of being trademarked. The following shall appear on all intellectual property used by Contractor pursuant to this license, solely for the purpose of protecting the CIWMB's intellectual property rights therein: "(D {year of creation) by the California Integrated Waste Management Board (CIWMB). Used Revised 4/29/09 — Entitlement T's & C's 5 pursuant to license granted by CIWMB. All rights reserved. This publication, or parts thereof, may not be reproduced without permission." 18. CORPORATION When work under this Agreement is to be performed in California by a QUALIFIED DOING corporation, the corporation shall be in good standing and currently qualified to BUSINESS IN do business in the State. "Doing business is defined in Revenue and Taxation CALIFORNIA Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. 19. DISCLAIMER OF The CIWMB makes no warranties, express or implied, including without WARRANTY limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, equipment, services or products arepurchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CIWMB employees or agents have any right or authority to make any other representation, warranty or promise with respect to any materials, equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall the CIWMB be liable for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement. 20. DISCRETIONARY The Executive Director shall have the right to terminate this Agreement at his or TERMINATION her sole discretion at any time upon thirty (30) days written notice to the Grantee. Within forty-five (45) days of receipt of written notice, Grantee is required to: a. Submit a final written report describing all work performed by the Grantee; b. Submit an accounting of all grant funds expended up to and including the date of termination; and, c. Reimburse the CIWMB for any unspent funds. 21. DISPUTES Unless otherwise instructed by the Grant Manager, the Grantee shall continue with its responsibilities under this Agreement during any dispute. 22. DRUG -FREE The person signing this Agreement on behalf of the Grantee certifies under WORKPLACE penalty of perjury under the laws of California, that the Grantee will comply with CERTIFICATION the requirements of the Drug -Free Workplace Act of 1990 (GC § 8350 et seq.) and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. b. Establish a drug -free awareness program to inform employees about all of the following: (1) the dangers of drug abuse in the workplace, (2) the Grantee's policy of maintaining a drug -free workplace, (3) any available counseling, rehabilitation, and employee assistance programs, and (4) penalties that may be imposed upon employees for drug abuse violations. c. Require that each employee who works on the grant: (1) receive a copy Revised 4/29/09 — Entitlement T's & C's 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. 23. EFFECTIVENESS OF This Agreement is of no force or effect until signed by both parties. AGREEMENT 24. ENTIRE This Agreement supersedes all prior agreements, oral or written, made with AGREEMENT respect to the subject hereof and, together with all attachments hereto, contains the entire Agreement of the parties. 25. ENVIRONMENTAL In the performance of this Agreement, the Grantee shall conduct its programs, JUSTICE policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the State. 26. FAILURE TO The CIWMB will benefit from the Grantee's full compliance with the terms of PERFORM AS this Agreement only by the Grantee's: REQUIRED BY THIS a. Investigation and/or application of technologies, processes, and devices AGREEMENT which support reduction, reuse, and/or recycling of wastes; or b. Cleanup of the environment; or c. Enforcement of solid waste statutes and regulations, as applicable. Therefore, the Grantee shall be in compliance with this Agreement only if the work it performs results in: a. Application of information, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste; or b. The cleanup of the environment; or c. The enforcement of solid waste statutes and regulations, as applicable. If the Grant Manager determines that the Grantee has not complied with the Grant Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the CIWMB, including, but not limited to, the ten percent (10%) withhold. 27. FORCE MAJEURE Neither the CIWMB nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the CIWMB or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party. 28. FORFEIT OF GRANT If grant funds are not expended, or have not been expended, in accordance with FUNDS/REPAYMENT OF this Agreement, or if real or personal property acquired with grant funds is not FUNDS IMPROPERLY being used, or has not been used, for grant purposes in accordance with this EXPENDED Agreement, the Executive Director, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the CIWMB Revised 4/29/09 — Entitlement T's & C's 7 any funds improperly expended. 29. GENERALLY The Grantee is required to use Generally Accepted Accounting Principles in ACCEPTED documenting all grant expenditures. ACCOUNTING PRINCIPLES 30. GRANT MANAGER'S The Grant Manager does not have the authority to approve any deviation from or AUTHORITY revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and Requirements (Exhibit B). 31. GRANTEE The Grantee is ultimately responsible and accountable for the manner in which ACCOUNTABILITY the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the CIWMB, the Grantee is responsible for repayment of the funds to the CIWMB. 32. GRANTEE'S The Grantee agrees to indemnify, defend and save harmless the State and INDEMNIFICATION AND the CIWMB, and their officers, agents and employees from any and all DEFENSE OF THE claims and losses accruing or resulting to any and all contractors, STATE 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 the Grantee in the performance of this Agreement. 33. GRANTEE'S NAME A written amendment is required to change the Grantee's name as listed on this CHANGE Agreement. Upon receipt of legal documentation of the name change, the CIWMB will process the amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment. 34. NO AGENCY The Grantee and the agents and employees of Grantee, in the performance of this RELATIONSHIP Agreement, shall act in an independent capacity and not as officers or employees CREATED/ or agents of the CIWMB. INDEPENDENT CAPACITY 35. NO WIAIVER OF The CIWMB shall not be deemed to have waived any rights under this RIGHTS Agreement unless such waiver is given in writing and signed by the CIWMB. No delay or omission on the part of the CIWMB in exercising any rights shall operate as a waiver of such right or any other right. A waiver by the CIWMB of a provision of this Agreement shall not prejudice or constitute a waiver of the CIWMB's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by the CIWMB, nor any course of dealing between CIWMB and Grantee, shall constitute a waiver of any of CIWMB's rights or of any of Grantee's obligations as to any future transactions. Whenever the consent of the CIWMB is required under this Revised 4/29/09 — Entitlement T's & C's Agreement, the granting of such consent by the CIWMB in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of the CIWMB. 36. NON- During the performance of this Agreement, Grantee and its contractors shall not DISCRIMINATION unlawfully discriminate, harass, or allow harassment against any employee or CLAUSE applicant for employment on the bases enumerated in Government Code §§ 12900 et seq. 37.OWNERSHIP OF The State shall have separate and independent ownership of all drawings, design DRAWINGS, PLANS, plans, specifications, notebooks, tracings, photographs, negatives, reports, AND SPECIFICATIONS findings, recommendations, data, software, and memoranda of every description or any part thereof, paid for in whole or in any part with grant 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. 38. PATENTS The Grantee assigns to the CIWMB all rights, title, and interest in and to each invention or discovery that may be capable of being patented, that is conceived of or first actually reduced to practice in the course of or under this Agreement, or with the use of any grant funds. Such assignment shall include assignment of any patents registered with the United States Patent and Trademark Office. Grantee further agrees to cooperate with and assist the CIWMB in the preparation of any patent application. Under certain unusual and very limited circumstance, where to do so would not conflict with the rights of the CIWMB and would serve the public interest, upon written request by the Grantee, the CIWMB may give, at the Executive Director's sole discretion, written consent to the Grantee to retain all or any part of the ownership of these rights. 39.. PAYMENT a. Upon execution of this Agreement by both parties, the CIWMB may advance grant funds to Grantee provided that Grantee, in the discretion of the CIWMB Grant Manager, qualifies for such advance payment and has satisfactorily complied with the applicable requirements contained in this Grant Agreement Package. The CIWMB may elect not to advance payment if Grantee has not satisfactorily complied with the applicable terms and conditions of previous grants and/or does not meet other threshold requirements identified in the Procedures and Requirements (Exhibit B). b. All expenditures must be directly related to the tasks identified in the Procedures and Requirements (Exhibit B). c. Upon receipt of grant funds, the Grantee shall deposit and maintain until expended all grant funds in an interest bearing account in a federally insured financial institution. All interest accrued and received from this account must be used for eligible expenses related to the performance ofthis Agreement. Interest funds must be accounted for in all grant reports. All unused interest funds must be returned to the CIWMB at the end of the grant term. d. Ten percent (101/o) will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. e. Lodgings, Meals and Incidentals: Grantee's Per Diem eligible costs are limited to the amounts authorized in the California State Administrative Manual (contact your Grant Manager for more information). Revised 4/29/09 — Entitlement T's & C's f. Payment will be made only to the Grantee. g. Reimbursable expenses shall not be incurred unless and until the Grantee' receives a Notice to Proceed as described in Exhibit B. 40. PERSONNEL COSTS If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant -related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specified in the Procedures and Requirements (Exhibit B). 41. REAL AND a. All real and personal property, including equipment and supplies, acquired PERSONAL PROPERTY with grant funds shall be used by the Grantee only for the purposes for which ACQUIRED WITH GRANT the CIWMB approved their acquisition for so long as such property is FUNDS needed for such purposes, regardless of whether the Grantee continues to receive grant funds from the CIWMB for such purposes. In no event shall the length of time during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for which the CIWMB approved its acquisition be less than five (5) years after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California. b. Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the Grantee. The Grantee shall execute all documents required to provide the CIWMB with a purchase money security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that the CIWMB shall be in first priority position with respect to the purchase money security interest on any such property acquired with the grant funds, unless pre -approved in writing by the Grant Manager that the CIWMB will accept a lower priority position with respect to the purchase money security interest on the property. Grantee shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this grant condition. c. The Grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization of the CIWMB. d. The CIWMB will not reimburse the Grantee for the acquisition of equipment that was previously purchased with CIWMB grant funds, unless the acquisition of such equipment with grant funds is pre -approved in writing by the Grant Manager. In the event of a question concerning the eligibility of equipment for grant funding, the burden will be on the Grantee to establish the pedigree of the equipment. 42. RECYCLED- The Grantee shall certify the minimum, if not the exact, percentage of CONTENT postconsumer and secondary material in the products, materials, goods, and CERTIFICATION supplies purchased with grant funds. This certification shall be provided to the CIWMB on the Recycled Content Certification Form (CIWMB 74G) available at www.ciwmb.ca.gov/Grants/Forms/CIWMB074.pdf. Revised 4/29/09 — Entitlement T's &. C's 10 43. RECYCLED- All documents submitted by the Grantee must be printed double -sided on CONTENT PAPER recycled -content paper containing one hundred percent (100%) post -consumer fiber. Specific pages containing photographs or other ink -intensive graphics may be printed on photographic paper. 44. RECYCLED- In the performance of this Agreement, for purchases made with grant funds, the CONTENT PRODUCT Grantee shall purchase recycled -content products (RCP), as defined by the State PROCUREMENT Agency Buy Recycled Campaign (SABRC) minimum recycled content requirements see www.ciwmb.ca.govBuyRecycled/StateA eg ncy/. If the Grantee cannot purchase RCPs, the Grantee must document why it was unable to comply with this requirement and request written pre -approval from its Grant Manager to deviate from this policy.. 45. REDUCTION OF In the performance of this Agreement, Grantee shall take all reasonable steps to WASTE ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate. 46..REDUCTION OF Unless otherwise provided for in this Agreement, in the performance of this WASTE TIRES Agreement, for all purchases made with grant funds, including, but not limited to, equipment and tire -derived feedstock, the Grantee shall purchase and/or process only California waste tires and California waste tire -derived products. As a condition of final payment under this Agreement, the Grantee must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Grant Manager. 47. 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. 48. RESOLUTION A county, city, district, or other local public body must provide the CIWMB with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law has authority to enter into an agreement, authorizing execution of this Agreement and designating the job title of the individual authorized to sign on behalf of the local public body. 49. SELF ASSESSMENT The Grantee shall submit with its Final Report a completed and signed Self CHECKLIST Assessment Checklist form, which is designed to aid the Grantee and the CIWMB in measuring compliance with grant administrative requirements. 60. SEVERASILITY If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms. Revised 4/29/09 — Entitlement T's & C's 11 51. SITE ACCESS The Grantee shall allow the State to inspect sites at which grant funds are expended and related work being performed at any time during the performance of the work and for ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. 52. STOP WORK Immediately upon receipt of a written notice from the Grant Manager to stop NOTICE work, the Grantee shall cease all work under this Agreement. a. All Grantees contracting for the procurement or laundering of apparel, 53. SWEATFREE CODE garments or corresponding accessories, or the procurement of equipment, OF CONDUCT materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies obtained with Grant funds have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that it adheres to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.g_ov, and Public Contract Code Section 6108. b. The Grantee agrees to cooperate fully in providing reasonable access to the Grantee's records, documents, agents or employees, or premises if reasonably required by authorized officials of the CIWMB or its agents, the Department of Industrial Relations, or the Department of Justice to determine the Grantee's compliance with the requirements under paragraph 54. TERMINATION FOR The CIWMB may terminate this Agreement and be relieved of any payments CAUSE should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, the CIWMB may proceed with the work in any manner deemed proper by the CIWMB. All costs to the CIWMB shall be deducted from any sum due the Grantee under this Agreement. Termination pursuant to this section may result in forfeiture by the Grantee of any funds retained pursuant to the CIWMB's ten percent (10%) retention policy. 65. TIME IS OF THE Time is of the essence of this Agreement. ESSENCE 56. TOLLING OF The statute of limitations for bringing any action, administrative or civil, to STATUTE OF enforce the terms of this Agreement or to recover any amounts determined to be LIMITATIONS owing to the CIWMB as the result of any audit of the grant covered by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the Grantee to the Executive Director and/or the Board. 67. UNION ORGANIZING By signing this Agreement, the Grantee hereby acknowledges the applicability of Government Code §§ 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that: a. No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing byemployees performi_ ng�work under this Agreement. Revised 4/29/09 — Entitlement T's & C's 12 b. If the Grantee makes expenditures to assist, promote, or deter union organizing, the Grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that Grantee shall provide those records to the Attorney General upon request. 68. UNRELIABLE LIST Prior to authorizing a contractor(s) to commence work under this Grant, the Grantee shall submit to the CIWMB a declaration from the contractor(s), signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor(s). See www.ciwmb.ca.gov/Regulations/Titlel4/chl.htm#chla5. If a contractor is placed on the CIWMB Unreliable List after award of this Grant, the Grantee may be required to terminate that contract. 69. VENUE/ CHOICE OF a. All proceedings concerning the validity and operation of this Agreement and LAW the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. b. The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. 60. WAIVER OF CLAIMS The Grantee agrees to waive all claims and recourse against the State, its AND RECOURSE officials, officers, agents, employees, and servants, including, but not limited to, AGAINST THE STATE the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement. 61. WORK PRODUCTS The Grantee must provide the CIWMB with copies of all printed materials and photographs of all other final products paid for with Grant funds. Physical copies of the final product shall be provided upon request of the Grant Manager. 62. WORKERS' The Grantee is aware of Labor Code section 3700, which requires every COMPENSATION/LABOR employer to be insured against liability for Worker's Compensation or to CODE undertake self-insurance in accordance with the Labor Code, and the Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. Revised 4/29/09 — Entitlement T's & C's 13 EXHIBIT B PROCEDURES AND REQUIREMENTS Used Oil Recycling Block Grant (151h Cycle) for FY 2009/10 Copies of these Procedures and Requirements should be shared with BOTH the Finance Department AND the staff responsible for implementing the grant activities. Introduction/General These Procedures and Requirements of the California Integrated Waste Information Management Board's (CIWMB) Used Oil Recycling Block Grant (UGB) Agreement describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, publicity, education and copyright requirements, supporting documentation for all expenditures, overhead/indirect costs, projects completion and close-out procedures, records and audit requirements. Expenditures incurred by the Grantee before both parties have executed the UBG15 Grant Agreement are subject to the Procedures and Requirements and Terms and Conditions of UBG14, and are incurred at the Grantee's own risk. All grant awards are contingent upon compliance with the requirements of the UBG Program and certain other factors, which will be set forth in detail in the Award Letter the Grantee will receive from the CIWMB. Grantees may choose, at their own risk, to incur grant -eligible expenses after July 1, 2009, and prior to receipt of the fully executed Grant Agreement. Questions? All communication regarding this grant should be directed to your CIWMB Grant Manager unless otherwise specifically stated. To find the name and telephone number of your CIWMB Grant Manager, refer to: www.ciwmb.ca.ciov/HHW/Grants/Contacts.htm The Grantee may also call the Financial Assistance Division, Grant and Loan Resources Branch at (916) 341-6457. Important Dates July 1, 2009 — Grant Term for UBG15 August 15, 2012 July 1, 2009 Grant Performance Period June 30, 2012 August 16, 2010 Annual Report Due August 15, 2011 Annual Report Due June 30, 2012 Grant Performance Period Ends July 1, 2012 — Report Preparation Period August 15, 2012 August 15, 2012 Grant Term Ends and Final Report Due Grant Performance The Grant Performance Period begins on July 1, 2009, at which time eligible Period, Grant Term grant expenditures for UBG15 may start (subject to the Procedures and and Report Requirements and Terms and Conditions of UBG14, until such time as the Preparation Period UBG15 Grant Agreement becomes effective.) In all cases, all eligible UBG15 costs must be incurred no later than June 30, 2012. The Grant Term and Grant Performance Period both begin on July 1, 2009, and the Grant Performance Period ends on June 30, 2012. The period between July 1, 2012, and August 15, 2012, is referred to as the Report Preparation Period. The Grant Term encompasses both the Grant Performance Period and the Report Preparation Period and ends August 15, 2012, at the conclusion of the Report Preparation Period. Costs incurred to prepare the Final Report and Final Payment Request, if any, are the only costs that are eligible for reimbursement during the Report Preparation Period. Definitions For purposes of this Grant Program, the following definitions apply: CIWMB: California Integrated Waste Management Board Contractor: An individual, business or company with which the Grantee enters into an agreement to perform grant -related services or activities, or provide materials or supplies for grant -related projects, services or activities. Grant Manager: The CIWMB staff person responsible for monitoring a particular grant Grantee: The recipient of funds pursuant to a grant agreement. Letter of Authorization: A letter submitted by a jurisdiction (Regional Participant) to authorize another jurisdiction (Regional Lead) to apply for a Used Oil Recycling Block Grant and to act on its behalf in the implementation and administration of the grant. Letter of Designation: A letter submitted by the signature authority of an Applicant or Grantee which delegates authority to another individual (or position title) to execute, on behalf of the Applicant or Grantee, all grant - related documents, as authorized in the Resolution. Subcontractor: An individual, business or company with which the Grantee's Contractor enters into an agreement to perform grant -related services or activities, or provide materials or supplies for grant --related projects, services or activities. All contracts and subcontracts related to the performance of the Grant Agreement are required to include the right of the CIWMB to audit records and interview staff as set forth in the Audits/Records Access section of the Terms and Conditions (Exhibit A). 2 Prior To Commencing Grant Self -Assessment Form and other Grant Forms Work Prior to commencing work under this Grant, the Grantee's Grant Manager and authorized Signature Authority should review the Grant Self Assessment Checklist Form, and other Grant Forms, so as to identify key administrative requirements. Evaluation of the Grantee's compliance with these requirements is a major part of all Grant audits. As set forth more fully in the Terms and Conditions (Exhibit A), the Grantee shall submit with its Final Report a completed and signed Self -Assessment Form. To obtain the Grant Self -Assessment Form (CIWMB 641), contact the CIWMB Grant Manager, or go to http://www.ciwmb.ca.gov/Grants/Forms/. Reliable Contractor Declaration Prior to authorizing a contractor(s) to commence work under this Grant, the Grantee shall submit to the CIWMB Grant Manager a declaration from the contractor(s), signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources, .Division 7, has occurred with respect to the contractor(s) and the subcontractor(s), respectively. See www.ciwmb.ca.gov/Regulations/Titlel4/chl.htm#chla5 to read the referenced Section of Title 14. Where To Send Send Reports, Grant Payment Requests, and all other written correspondence Reports, Payment to your CIWMB Grant Manager's attention at: Requests, etc. California Integrated Waste Management Board Financial Assistance Division Grant and Loan Resources Branch — MS #9A P.O. Box 4025, 1001 "1" Street Sacramento, CA. 95812-4025 Attn: (your CIWMB Grant Manager's name) General Requirements 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 (CCC) per 100,000 residents of the jurisdiction or a curbside collection program which includes used oil collection. Grantees, or their contractors, must possess or acquire all applicable agreements/permits necessary to carry out the activities funded by the UBG and a copy or copies must be available for review upon request. The Grantee is responsible to ensure that contractors who administer and/or implement the grant on behalf of the Grantee comply with the Grant Agreement. UBG15 applicants who miss the July 31, 2009 application submission date or who miss the August 31, 2009 date for submission of local government resolutions will not be eligible for UBG15 but will retain their eligibility for subsequent UBGs if they submit an Annual Report for all other UBGs by November 15, 2009, that is subsequently approved by the CIWMB Grant Manager. Grantees who are invoiced for outstanding UBG funds may apply for UBGs and competitive grants, but any grants awarded will not be funded unless any outstanding invoices are paid within 90 days of the date the Board awards the grant. Annual Site Visits Annual site visits to the Grantee's CCCs are a grant requirement during each fiscal year. Grantees must visit at least one CCC per 100,000 population. Please submit site visit forms (CIWMB 664 or CIWMB 665) as soon as completed, to your CIWMB Grant Manager. Unless previously submitted within the current fiscal year, these forms must be submitted with the Annual Report. Grant Expenditures All expenditures must be incurred, and payment made, with services provided and goods received during the Grant Performance Period, July 1, 2009 — June 30, 2012. a) The Grantee must spend all of the available funds from the oldest UBG prior to spending any funds from more recent UBGs. For example, utilize all funds from the 14th cycle grant before showing any 15th cycle expenses on the Expenditure Itemization Summary (EIS). b) It is acceptable to split an invoice across two separate UBG cycles in order to "zero out" all funds in the oldest UBG before using funds from a more recent UBG. Expenditures that are split need to be clearly identified on the Expenditure Itemization Summary form(s) as to what expenditures are attributed to which grant cycle. Expenditures Expenditures associated with the tasks or products listed below must be Requiring Advance approved in writing by the CIWMB Grant Manager prior to purchase or Approval By CIWMB production. Please retain all approvals for audit purposes. Items not pre - Grant Manager approved MAY NOT be an eligible expenditure and payment may be denied. Allow at least five (5) working days for approval of the following items: • Premiums if the per item cost exceeds twenty dollars ($20, not including sales tax) • All television, video, and radio scripts • School presentations (submit script and presentation purpose) • Purchase of equipment, vehicles, and trailers, if $5,000 or more total for the grant or more than 10 percent of the grant award • Purchase of computer equipment and software, if over $1,000 total for the grant or more than 10 percent of the grant award • Financial incentives, if over $1,000 per year or more than 10 percent of the grant award (includes: sponsorships, stipends, etc.) • Planning, background, or feasibility studies Pre -Approved The expenditures listed below DO NOT require advance approval by the Expenditures CIWMB Grant Manager if they are related to the establishment, maintenance, or enhancement of used oil and used oil filter collection programs: 4 • Travel expenses (Note: Travel expenses will only be reimbursed at the State rate (the rate allowed by the State of California Department of Personnel Administration); contact your Grant Manager if you need assistance in identifying applicable rates) • Used oil collection o Used oil and used oil filter collection (includes curbside and door-to- door) o Certified and non -certified used oil collection center support o Used oil collection through Household Hazardous Waste (HHW) Programs, including transportation costs of used oil o Certified Unified Program Agency (CUPA) inspection fees of Certified and Non -Certified Used Oil Collection Centers with or without service bays (regardless of whether used oil is or is not generated as part of business operations); Grantees can verify whether the billing agency is a certified CUPA by going to: www.calepa.ca.aov/CUPA/Director/default.aspx; CUPA inspection fees reimbursement must be proportionally related to the percentage of do- it-yourself (vs. do -it -for -me) used oil generated at the business o Set up and operation of temporary facilities for one -day or multi -day HHW collection events where used oil will be accepted o Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) 8-hour refresher training course for personnel who are directly involved with used oil and HHW collection o Agricultural used oil collection projects o Marina used oil collection projects o Airport used oil collection projects o Construction of Permanent HHW Collection Facility and Antifreeze, Battery, Oil, and Paint Facility (ABOP) where used oil is accepted - permanent features, used oil -related equipment and supplies are eligible • Re -Refined Oil use for public fleets o Covers only the cost differential between re -refined and virgin oil and the cost of promotion to fleet managers • Re -refined oil for non -fleet (consumer) promotion and distribution o Grantees must first confirm and document the availability of re -refined oil for sale in the community at a retail establishment and provide information to the public on where to purchase the re -refined oil • Publicity and education materials (refer to the "Publicity and Education Requirements" section for minimum requirements) o Purchase and distribution of used oil containers, funnels, shop rags, coupons o Other premiums whose cost is less than $20.00 and directly relate to and/or will be used for used oil and used oil filter collection and recycling needs and/or will be clearly linked to behavioral change that leads to an increase in used oil and used oil filter recycling • Personnel costs for used oil/used oil filter recycling activities o Training costs directly related to used oil/used oil filter recycling activities • Load checking projects related to the identification of used oil 5 • Indirect or Overhead Costs that do not exceed 10% of the grant funds reimbursed and are supported with a cost -allocation plan • Storm water mitigation (refer to the "Storm Water Expenses" section below for details) • Additions/modifications that update an existing Grantee Web -page • Audit expenses for UBG and Opportunity Grant cycles. Time and funds related to the audit should be described in the current UBG Expenditure Itemization Summary and must be for an audit of specific cycle(s) of the UBG and/or Opportunity Grant conducted by the CIWMB, California Department of Finance and/or California State Controller's Office. Expenses for audits of the Grantee's entire organization, or portions thereof, which include a review of one or more UBG and/or Opportunity Grant cycles are not eligible for reimbursement. Storm Water Since January 2002, some storm water mitigation expenditures are Expenses considered eligible expenses. Storm water mitigation is defined in Public Resources Code Section 48618.4 to include "...the prevention of storm water pollution from used oil and oil byproducts and the reduction or alleviation of the effect of storm water pollution from used oil and oil byproducts by means of action taken on public property. Mitigation includes the installation of devices and implementation of practices that prevent used oil and oil byproducts from causing storm water pollution. Mitigation does not include the cleanup or restoration of polluted areas". • Storm water expenses may not exceed 60% of the UBG award • All related storm water expenses such as personnel, publicity and education, stenciling, and storm water filter purchase/maintenance is counted towards the 50% cap • To be eligible, each jurisdiction must self -certify that it has a storm water mitigation program that has been approved by its local Regional Water Quality Control Board • All storm water expenses must be accounted for and reported on the Expenditure Itemization Summary The following types of storm drain filters (inserts; debris screens) are eligible: • A debris screen that covers the opening to the storm drain inlet; regular municipal street -sweeping must occur where debris screens are installed • A catch basin (street side) inlet insert that does not contain oil absorbent media • A catch basin inlet insert that does contain oil absorbent media plus a debris screen that covers the opening to the storm drain inlet; (the debris screen prevents debris and sediment from entering the storm drain and obstructing the oil absorbent media) • A vertical drop -in parking lot inlet insert that does contain oil absorbent media (must be covered by a grate or debris screen) Note: Periodic clean -out of catch basin inlet inserts and replacement of their oil -absorbent media are eligible for grant funding. However, street sweeping, parking lot cleaning, and clean -out of catch basin inlets without inserts are not eligible for grant funding. Ineligible Any expenditure that does not support the implementation of used oil and Expenditures used oil filter collection programs Is ineligible for UBG funding. The activities, products, or expenditures listed below are specifically identified as ineligible. The ineligible expenditures include, but are not limited to: • Costs incurred prior to July 1, 2009, or after June 30, 2012 • Costs incurred during the Report Preparation Period (July 1, 2012 — August 15, 2012), except for the costs incurred to prepare the Final Report and Final Payment Request, if any • Costs incurred during the Grace Period (August 16, 2012 — November. 15, 2012) • Purchasing or leasing of land or buildings • Costs currently covered by or incurred under another CIWMB loan, grant or contract • Purchasing or leasing of vehicles by non -governmental agencies • Remediation (any cleanup or restoration of polluted areas) • HAZWOPER 40-hour and 24-hour courses • Enforcement activities • Profit or mark-up by the Grantee • Preparation of Household Hazardous Waste elements (HHWE) • Out -of -State travel • Developing or customizing school curricula • Overtime costs/Compensated Time Off (except for local government staffing during specially scheduled evening or weekend events outside of staffs normal work hours when law or labor contract requires overtime compensation) • Any food or beverages (e.g., as part of meetings, workshops, or events) • Cell phones, pagers, cameras, personal digital assistants, and other similar electronic devices • Premiums that contribute to the HHW waste stream • Transportation & disposal of non -oil HHW from any facility or event • Equipment, materials, or supplies at HHW or ABOP facilities not directly related to the collection of used oil and used oil filters • Any costs not consistent with local, State, or federal laws, guidelines and regulations • CUPA fines or penalties • Travel expenditures that exceed the State rate (for hotel and meal rates, see http://www.dpa.ca.-gov/'obinfo/Short- TermTravel/Excluded/599 619.shtm for hotel maximum rates and for Meals and Incidentals) 7 • 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., use of accrued sick leave, accrued vacation, etc.) • Any pre -paid expenditures for future goods or services delivered beyond the end of the Grant Performance Period (Exemption: The CIWMB Grant Manager may consider approving products purchased in full before the end of the Grant Performance Period but delivered after the Grant Performance Period 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 CIWMB Grant Manager. In no event may products be delivered after the end of the Grant Term) • Fines or penalties due to violation of federal, State or local laws, ordinances, or regulations • Costs to maintain an existing HHW program where used oil is not collected • Developing any type of permanent facility on non -local government - owned property • Expenses for audits of the Grantee's entire organization, or portions thereof that include a review of one or more UBG and/or Opportunity Grant cycles are not eligible for reimbursement • Costs deemed by the CIWMB Grant Manager to be unreasonable or not related to the purpose of the grant Overhead/Indirect Overhead and indirect costs can be claimed by Grantees. The following Costs guidelines must be used when claiming these costs: a) The total cost of overhead and indirect costs charged to the grant shall not exceed 10% of grant funds reimbursed. These costs are expenditures not capable of being assigned or not readily itemized to a particular project or activity, but considered necessary for the operation of the organization and the performance of the program. The costs of operating and maintaining facilities, accounting services, and administrative salaries are examples of overhead and indirect costs. All overhead and indirect costs charged to the grant must be associated with grant -related activities. If you are uncertain whether a given cost is considered an overhead/indirect cost by CIWMB, contact your CIWMB Grant Manager. b) Costs charged directly to the grant shall not be included in the overhead/indirect cost formula. c) Supervision performed by Managers and Supervisors can be included in the overhead/indirect cost formula; and therefore, will not be a direct charge to the grant. On the other hand, if a Manager or Supervisor performs an activity that is directly related to the execution of the grant (not supervision), costs associated with this activity may be included as s a direct charge. Such activity must be clearly supported by appropriate documentation and shall not be charged to the grant as overhead or indirect cost. d) The Grantee must maintain organized and accurate records that follow generally accepted accounting principles 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 CIWMB. e) The Grantee must have on file an internally approved Cost Allocation Plan which specifically documents how the overhead rate 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 overheadh ndi rect cost rate. f) 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. Publicity And Premiums must directly relate to and/or be used for used oil and used oil filter Education collection and recycling needs and/or be clearly linked to behavioral change Requirements that leads to an increase in used oil and used oil filter recycling. 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 promoting a particular brand -name. product or private business. For all languages other than English, the Grantee must work with a person fluent in reading and writing the language. A description of the translator's qualifications, as well as an English version of the material must be submitted with the Final Report. Of key importance is that the translated material is at a reading level appropriate for its targeted audience. 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 requirement as set forth in the Terms and Conditions, and must include the following: E a) Acknowledgement of the CIWMB funding that reads "Funded by a Grant from the California Integrated Waste Management Board."' Use of the initials-CIWMB" is not sufficient. Exception: The acknowledgement line is not required on small items (pencils, magnets, etc.) where space constraints would not allow for this line or if it would interfere with the message. b) Specific information on used oil/used oil filter recycling/disposal. c) A list of used oil collection centers within the targeted community or a telephone number to call for information on local collection centers. When locations are listed, include the following language: "Call for hours of operation." (Use the 1-800-CLEANUP number [or www.cleanup.org website] if your jurisdiction does not maintain its own 24-hour hotline.)" d) The "Used Oil Drop" logo with the words "Recycle Used Oil" or "Recycle Used Oil and Used Oil Filters" as appropriate. Copyright The following language must appear on any copyrightable material produced Requirements with CIWMB grant funds: Copyright language: © Copyright {year of creation} by the California Integrated Waste Management Board (CIWMB). All rights reserved. This publication, or parts thereof, may not be reproduced without permission from CIWMB. For copyrightable material produced in Spanish, the following language must appear: O Copyright {year of creation) California Integrated Waste Management Board (CIWMB). Todos los derechos reservados. Esta publicacion, o partes, no puede ser reproducido sin permiso de CIWMB. Examples of copyrightable material include but are not limited to: • CDs and DVDs of audio and/or visual material • Computer Software • Brochures, pamphlets, and reproductions of advertisements designed for distribution Please check with your CIWMB Grant Manager with specific questions about the applicability of using the copyright language. ' There are only two acceptable Spanish translations: "Financiado por una beca del California Integrated Waste Management Board" or "Patrocinado por fondos del California Integrated Waste Management Board." For other languages, you must work with a certified translator or person fluent in reading and writing that language. 10 Combining Used Oil Both storm water and/or HHW recycling programs may be incorporated with With Other the used oil recycling message on publicity and education (P&E) items. The Environmental funding level for the P&E portion for these programs will be determined on a Programs case -by -case basis by the CIWMB Grant Manager. To be eligible for any funding, the proposal must meet the minimum requirements for Used Oil P&E, and clearly support all of the key components of the UBG program. Graphics r Rr,CYCI.B usGl) 011, RECYCLE USED OIL FILTERS Graphics are available on the CIWMB's website at: www.ciwmb.ca.gov/Used0ii/graphics/default.htm#usedoil Use the State colors (blue oil drop on yellow background) on any material produced in four or more colors. (The color designation for professional printing is Yale Blue-Pantone 286C; Golden Yellow-Pantone 123C.) Recycled -Content All Grantees must report the percentage of recycled -content material for all Product Requirements products purchased in the product categories listed below. Grantees must use a separate Recycled -Content Product Certification Form (CIWMB 74G) for each supplier and submit them with the Final Report. The form can be found on CIWMB's website at: www.ciwmb.ca..qov/HHW/FormS.2 Paper Products Printing & Writing Paper Plastic Products Compost & Co- Glass Products Lubricating Oils Compost Solvents Tire -Derived Paint Steel Products Products Tires Any exceptions to the above requirements must be pre -approved in writing by the CIWMB Grant Manager. Large Equipment A CIWMB sticker (bumper sticker size) that displays the "used oil drop" logo CIWIME3 including the text "Recycle Used Oil" and "Funded by a grant from the Acknowledgement 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 has stickers available at no cost which may be requested from your CIWMB Grant Manager. 2 For information on minimum recycled -content products, see www.ciwmb.ca.gov/BuvRecycled/StateA-qency. 11 Reporting The Grantee must submit an Annual Report for each year of the approved Requirements grant project, as well as a Final Report which, after approval by the CIWMB Grant Manager, will enable CIWMB to close the grant and release the 10% funds withheld. (NOTE: All forms for the following reports can be downloaded from the CIWMB website at: www.ciwmb.ca.gov/HHW/Forms.) The last Annual Report can also serve as the Final Report as long as it covers the period from the last Annual Report to the end of the Grant Performance Period. These reports are described below. Annual Reports Grantees are required to submit an Annual Report (CIWMB Form 644) on August 15th of each year demonstrating program progress and how they have spent their UBG funds for the previous fiscal year (July 1 — June 30). Grantees are required to report on each active UBG in a single Annual Report. The Annual Report must be filled out using the Online Block Grant Annual Reporting System (BGR). To access this system go to the following web site: http://secure.ciwmb.ca.gov/BGR/Signln.aspx and sign into the system. All documents requiring wet signature must be mailed to CIWMB. Questions concerning use of this System are to be directed to your assigned Grant Manager. The report must clearly identify each of the grant cycles and the activities conducted under each cycle. 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 part of the UBG allocation for the fiscal year beginning on July 1 of the year in which the Annual Report was submitted. This lack of performance will also be noted if Grantees apply for future Used Oil and/or HHW grants. Grantees will lose eligibility for the current grant cycle which began on July 1 if the grantee fails to submit the completed Annual Report by August 15 or fails to submit any missing information and receive approval of the completed report during the Grace Period (August 16 — November 15). No reports will be accepted after August 15. The Grace Period is only for submission of missing information to complete the report and receive approval of the report. Grantees will not lose their eligibility for subsequent grant cycles if they submit a completed application during the next cycle's application period and meet the mandates of the Terms and Conditions and the Procedures and Requirements of all previous UBG cycles, including submission of all required completed reports. Grantees will also be required to submit a statement explaining why they missed the Annual Report deadline and what corrective action they have taken to ensure future compliance. The corrective action must meet the approval of the CIWMB Grant Manager. Grace Period for The deadline for Annual Reports is August 15 of each fiscal year and the Submittal of deadline for the Final Report is August 15, 2012. However, the period from Information to August 16 to November 15 of each year is a Grace Period during which the Complete Reports Grantee may submit missing information and receive approval of the Final 12 Report. Expenses incurred by the Grantee after August 15 will not be eligible for reimbursement. UBG15 applicants who miss the July 31, 2009, application submission date or who miss the August 31, 2009, date for submission of local government resolutions will not be eligible for UBG15 but will retain their eligibility for subsequent UBGs if they submit an Annual Report for all other open UBGs by November 15, 2009, that is approved by the CIWMB Grant Manager. Final Report The Final Report is not required to be submitted on a specific form; however, if the Final Report is done simultaneous with the final/last Annual Report, it can be done on the Annual Report form. The Final Report must include all of the information and additional documentation enumerated below. The Final Report covers activities conducted between the last Annual Report and the end of the Grant Performance Period. Grantees are encouraged to submit the Final Report early if activities are completed and all funds are expended before the end of the Grant Performance Period. Costs incurred for preparation of the Final Report are eligible for reimbursement at any time during the Grant Term; however, during the Report Preparation Period (July 1, 2012 — August 15, 2012), costs incurred for preparation of the Final Report and Final Payment Request, if any, are the only costs that are eligible for reimbursement. Grants are not considered closed until all the reporting requirements have been met, all available funding has been expended or returned to the CIWMB, and/or the grant term has expired. If an advance was approved and there are any unexpended advanced grant funds and/or interest accrued (if applicable) at the end of the Grant Term, the Grantee will be invoiced by CIWMB (as an Accounts Receivable) for funds due to CIWMB. After the Grantee pays CIWMB any unspent funds owed, CIWMB will then release any 10% withhold amount due the Grantee. Note that no extensions will be given for submittal of the Final Report. Additional items to be submitted for the Final Report 1. The last Annual Report Form if the grant is completed by June 30 or a summary of activities completed since the last August 15 Annual Report if the grant is closed early. The following disclaimer must appear on the cover page of the report: "The statements and conclusions of this report are those of the Grantee and not necessarily those of the California Integrated Waste Management Board, its employees, or the State of Califomia. The State makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text." 2. Certified Collection Center Site Visit Checklists (if not submitted previously for the final reporting period) (CIWMB 665). 3. Recycled -Content Product Certification Form (RCP) (CIWMB 74G)' for each item purchased with grant funds (submit a separate form for each supplier.) 13 4. Samples of Premiums and Printed Material a. A digital image of each premium item in a commonly accepted format, and all final printed publicity and education materials. The photographs of the premiums must show compliance with requirements of the grant (i.e. oil logo, "Funded by a Grant from the California Integrated Waste Management Board". More than one digital image may be submitted if needed to capture all required components onto accurately illustrate the item. If compliance with procedures cannot be clearly captured in a photographic image, then an original copy of the premium item must be submitted. b. A PDF copy of graphics is acceptable. The CIWMB Grant Manager may ask for a copy of the graphic in its original format. c. Two photographs, from different angles, for large items such as equipment or structures. d. A photograph of each event attended or conducted (if not previously submitted). e. For Regional Programs that have developed printed materials (including item 5 below) with grant funds, only the Regional Lead is required to submit copies of the materials to CIWMB; and include information as to who the other regional participants are. Thus, Grantees participating in the Regional Program are not each required to submit copies of the materials, but each Grantee should reference the Regional Program in its Annual Report and identify the Regional Lead in its report. 5. Samples of Final Television Video and Radio Ads. A final copy of each ad (if not previously submitted) in the appropriate media format (DVD format for videos and CD -Rom for radio ads). FAILURE TO SUBMIT THE REQUIRED ANNUAL REPORT/FINAL REPORT BY THE SPECIFIED DEADLINE MAY CAUSE THE GRANTEE TO BE INELIGIBLE FOR THE CURRENT OR FUTURE UBG CYCLES AND MAY RESULT IN INVOICING OR TERMINATION OF OTHER OPEN UBG CYCLES. Payments UBG funds will be disbursed on a reimbursement basis, with only the following exceptions: the advance payment option is at the CIWMB Grant Manager's discretion for Grantees receiving $20,000 or less and for multi - jurisdictional and regional grantees whose individual jurisdictions would have received $20,000 or less had they applied individually. The CIWMB Grant Manager will consider exceptions to the reimbursement policy for financial hardship situations on a case -by -case basis. 14 Advance Payment Where advance payment has been approved, UBG recipients will receive 90% Option of their UBG award in advance once the Grant Agreement is fully executed and a signed Grant Payment Request is submitted. Advancement of funds is conditional upon full repayment of all outstanding UBG funds and interest owed to CIWMB. The Grantee will have to incur eligible costs for the 90% advanced and the interest accrued or return any unspent advanced funds to CIWMB. If the Grantee does not incur costs equivalent to the 10% withheld from the overall UBG amount, CIWMB will retain the 10% withhold and close the grant. If the Grantee incurs costs that cover all or part of the 10% withheld, CIWMB will reimburse eligible costs. The remaining funds from the overall UBG amount will be released to the Grantee after 100% of grants funds have been expended and the Annual Report has been approved by CIWMB Grant Manager. Note: CIWMB will formally invoice (as an Accounts Receivable) any unspent advanced grant funds or interest accrued. Interest on Advance Interest earned for each UBG Cycle advance must be tracked and accounted Payments for separately. Any unused interest accrued must be returned to CIWMB at the end of the grant term. Grantees should contact their administration and finance office to establish a process to track and report this interest. All grant funds where an advance was given to the Grantee must be placed in an interest -bearing account with a fully insured financial institution. Any interest accrued and received from this account may only be used for eligible expenses related to the grant. Interest accrued must be stated on the FINAL Expenditure Itemization Summary only. In cases where grant funds are forwarded directly to a contractor for expenditure, the Grantee is subject to the same requirements pertaining to tracking of accrued interest, unless the money is spent by the Grantee within 90 days of issuance of the funds to the Grantee. Therefore, the Grantee is required to impose upon any contractor to which it entrusts advanced grant funds the obligation to comply with the requirements of the Grant Agreement regarding interest. The Grantee is ultimately responsible for all advanced funds and accrued interest thereon. The Grantee is responsible for ensuring that subcontractors who administer and/or implement the grant on behalf of the Grantee comply with the terms of this Grant Agreement. Reimbursement Most UBG funds will be paid by reimbursement payments. Under this Payments payment method, CIWMB retains 10% of the requested amount until the grant is closed out. The remaining 10% reimbursement payment (withhold amount) 15 will be released to the Grantee at the conclusion of the grant term once the Grantee has complied with all grant provisions. To receive a reimbursement payment, Grantees must submit a completed EIS and Grant Payment Request Form. Reimbursement Payment requests must be submitted no later than December 31, 2012. Once reviewed and approved, the payment reimbursement will be processed. Grantees may request up to four reimbursement payments per year, per cycle, and no less than one per year, per cycle. Exceptions to this schedule must be pre - approved in writing by your CIWMB Grant Manager. Submittal of Payment Required Documents and Format for Payment Request Requests A complete payment request must include the following items in the order listed in addition to a brief narrative that explains for what activities the expenses were incurred, if the payment request is not submitted with the Annual Report. (The CIWMB Grant Manager may require additional narrative to fully understand the nature of the expenditures.) 1. Grant 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. (See the "Expenditure Itemization Summary" section below.) 3. Personnel Expenditure Itemization Summary (CIWMB 165) Only applicable to contractors and Grantee's staff. Note: All expenditures must be accompanied by documentation that describes the EIS categories for which the funds were spent, when they were spent, who did the work or spent the funds and the invoice numbers associated with the spent funds. Please contact your CIWMB Grant Manager for approval if you intend to provide some other form of supporting documentation. Expenditure Grantees are required to submit the EIS Form (CIWMB 667) covering expenses Itemization Summary for the previous fiscal year (July 1 — June 30) by grant cycle or for any period in (EIS) which expenses were incurred. Please contact your CIWMB Grant Manager for pre -approval if you intend to provide some other form of supporting documentation. 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 12 month reporting period and use only the categories that are applicable to the Grantee's grant program, including personnel costs related to that task(s). 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, PHHWC and ABOP facilities. Do not include publicity and education or oil containers in this category. 16 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 storm water education). • A partial list of examples includes 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. EIS Certification - The EIS MUST include the following certification: °I certify under penalty of perjury, under the laws of the State of California, that the above information is correct and that all funds received have been expended in accordance with the Used Oil Recycling Block Grant." The certification MUST be dated and signed by the Signature Authority specified in the Grantee's resolution. An EIS received without the signed certification will not be approved. Personnel A Personnel AExpenditure Itemization Summary (CIWMB 165) for Grantee staff Expenditure as well as contractors or an equivalent form must be submitted to document all Itemization Summary grant -related personnel costs. In consideration of the sensitivity of the data that (PES) may be contained on the payroll joumal/register, personnel time logs, or copies of timesheets, a Grantee may not want to submit these forms to CIWMB. As an alternative, the Grantee may submit the PES or equivalent form with two signatures (Signature Authority and/or staff from the Personnel or Accounting Office) verifying the information is accurate. Grantees must retain payroll journals/registers and personnel time logs/timesheets for audit purposes. Please contact your CIIWMB Grant Manager if you have any questions. Supporting Documentation for all expenditures claimed on the Grant Payment Request must Documentation for be retained by the Grantee for a minimum of three years after closeout of the grant Expenditures term for audit purposes. (See Audit/Records Access section of the Terms and Conditions Exhibit A.) 17 Retain the original 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; invoices must be accompanied by proof of payment (e.g., copies of cancelled checks) • Receipts that include the same information as invoices • Purchase orders that include the same information as invoices; purchase orders must be accompanied by proof of payment (e.g., copies of cancelled checks) • Personnel Expenditure Summary Form (CIWMB 165 or your own version if pre -approved) that documents actual time spent on grant -related activities • Travel Expense Form (CIWMB form or your own version) that documents costs related to travel and includes 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 Withhold Ten percent of grant funds will be withheld from each Grant 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. For Grantees with reimbursement grants, the 10% withhold will be released when Final Report has been approved by the CIWMB Grant Manager. For Grantees who have received Advance Payments, the 10% withhold will be released when the CIWMB Grant Manager has approved the Final Report and verified through documentation submitted by the Grantee that 100% of the advanced grant funds and any earned interest have been expended. Audits 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 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 (Exhibit A) for more information. In 7 0,9 �o ECEIVED 3UL 2 1 2oog ovCOW SOfFICE STAFF REPORT APPROVED JUL 27 '09 CITYCOU L HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT DATE: July 21, 2009 TO: Donal O'Callaghan, City Administrator FROM: PLewis Pozzebon, Director / Health Officer RE: Request for Approval to Submit an Application for USED OIL RECYCLING BLOCK GRANT / UBG 16 — FY 2009/2010 Since 1997 the City Council has authorized the preparation of applications to the California Integrated Waste Management Board (Waste Board) for Used Oil Grant Funds. The Waste Board has approved the applications and the City has received approximately $5,000 on a yearly basis (1997 through 2008). The grant funds have been used to improve the public's awareness of the used oil recycling opportunities and the damage to the environment caused from releases of used oil. Funded activities have included: Recently the Waste Board announced the opportunity for cities to apply for the next cycle (Fifteenth Cycle) of Used Oil Grant Funds, Fiscal -Year 2009/2010, Grant fund levels for Vernon are expected to be the same (approximately $5,000). I am requesting your approval to submit to the City Council a request to authorize me to submit the application for Used Oil Grant Funds on behalf of the City. I am attaching the application, which will need to be returned for my signature, and a copy of a draft resolution for reference. Please note that the application must be postmarked by Friday, July 31, 2009. Following City Council approval, our department will submit the required documents to the Waste Board, and forward the signed Resolution as soon as it becomes available. Thank you. 9cL.G:MyDocs/Used OHM"' Cycle/request to apply.doc ZCECIVED JUL 2 1 2009 STAFF HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT DATE: July 21, 2009 TO: Honorable Mayor and City Council FROM: Lewis Pozzebon, Director RE: Request for Approval to Apply for a USED OIL RECYCLING BLOCK GRANT/ UBG 15 - FY 2009/2010 Since 1997 the City Council has authorized the preparation of applications to the California Integrated Waste Management Board (Waste Board) for Used Oil Grant Funds. The Waste Board has approved the applications and the City has received approximately $5,000 on a yearly basis (1997 through 2008). The grant funds have been used to improve the public's awareness of the used oil recycling opportunities and the damage to the environment caused from releases of used oil. Funded activities have included: • The printing of the Used Oil Recycling Calendar • The purchase of educational materials (pens, pencils, pamphlets, etc.) • The distribution of free used oil -recycling containers to Vernon business employees and the public • The services of a consultant to conduct education outreach efforts Recently the Waste Board announced the opportunity for cities to apply for the next cycle (Fifteenth Cycle) of Used Oil Grant Funds, Fiscal -Year 2009/2010. Grant fund levels for Vernon are expected to be the same (approximately $5,000). With your concurrence, I am requesting that the City Council authorize me to submit the application for Used Oil Grant Funds on behalf of the City. I am attaching the application, which will need to be returned for my signature, and a copy of a draft resolution for reference. Please note that the application must be postmarked by Friday, July 31, 2009. Following City Council approval, our department will submit the required documents to the Waste Board, and forward the signed Resolution as soon as it becomes available. Attachments (2) Xc: Donal O'Callaghan, City Administrator Laurence S. Wiener, City Attorney 9cLG:Used Oil Grantlapplication staff report 2009.doc STATE OF CALIFORNIA CALIFORNIA INTEGRATED WASTE: MANAGEMENT BOARD GRANT APPLICATION FORM CIWMB 243 (Rev. 6109) .. ; June 2009 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY ..,.:• _ Intearated Waste Management Board (CIWMB) � *em �y.g�-emu■s USED OIL RECYCLING BLOCK GRANT PROGRAM APPLICATION 15th Cycle - Fiscal Year (FY) 2009/10 page GrantApplication Form................................................................................................................................2 AdvancePayment Option.............................................................................................................................. 3 Permits & Letters of Authorization Certification..........................................................................................3 Environmental Justice Certification.............................................................................................................. 3 ResolutionRequirement .................... ......................................................................................................3 Acceptance of Grant Provisions....................................................................................................................3 Environmentally Preferable Purchases and Practices Policy Requirement...................................................4 ApplicationCertification........................................................................................................................... 4 ApplicationChecklist................................................................... ................ ,.....................................4-5 Complete applications, including an approved current resolution and, if applicable, current Letters of Authorization, must be postmarked by July 31, 2009. Hand -delivered applications must be received by the CIWMB no later than 3:00 p.m. on July 31, 2009, at 1001 "I" Street, Sacramento, CA 95814. No application time extensions will be granted. Appeals for exceptions to this deadline will not be considered. Faxed and e-mailed applications will not be accepted. Please follow instructions in the Application Guidelines and Instructions when completing this Application. The Application Guidelines and Instructions are critical to properly completing and submitting this Application. Applications become the property of the CIWMB and are subject to disclosure under the Public Records Act. Do not submit confidential information. Applications sent by U.S. Postal Service or a commercial delivery service should be sent in a manner that allows for tracking by the sender and that provides an addressed and dated receipt. Failure to do so is at the risk of the applicant and if delivery is delayed or the application is lost by the Post Office or delivery service, the burden is on the applicant to demonstrate timely mailing or delivery of the application. Used Oil Recycling Block Grant Program (FY 2009/10) 1 USED OIL RECYCLING BLOCK GRANT PROGRAM - UBG16 (FY 2009110) Complete and submit,@ sections. 11 APPLICANT / ORGANIZATION INFORMATION APPLICANT NAME (MUST MATCH RESOLUTION): REQUESTED GRANT ij CITY OF VERNON _ W AMOUNT: iI PARTICIPATING JURISDICTIONS (FOR REGIONAL PROGRAMS ONLY): (ROUND AMOUNTS TOME NEAREST WHOLE DOLLAR) �! If $5,000.00 Ij MAILING ADDRESS: !{ 4305 S. SANTA FE AVE. i; fj CITY: I VERNON ViCOUNTY: -----�_________.T—�_----_----�-----------;� I _ I ZII' CODE: ILOS ANGELES _ A -�� - 90058 _ SIGNATURE AUTHORITY NAME:- I PRIMARY CONTACT NAME: !� (AS AUTHORIZED IN RESOLUTION) I� LEONARD GROSSBERG li LEWIS J. POZZEBON TITLE: CHIEF DEPUTY DIRECTOR TITLE: DIRECTOR / HEALTH OFFICER TELEPHONE NUMBER:V _ TELEPHONE NUMBER: 323/583-8811 323/583-8811 I FAX NUMBER: 323/ 588-4320 jV FAX NUMBER: 323/ 588-4320 E-MAIL ADDRESS: E-MAIL ADDRESS: 1grossberg&i vernon.ca.us 1pozzebon&i.vernon.ca us l AUTHORIZED DESIGNEE NAME: _ (IF APPLICABLE, AS AUTHORIZED IN LETTER OF DESIGNATION [LOD)) �f CONTRACTOR CONTACT NAME. KEVIN SALES I I� LEWIS J. POZZEBON__T: TITLE: --_�.---___.__ TIttE:DIRECTOR/ P1KJ HEALTH OFFICER TELEPHONE NUMBER: SERVICES ENVIRONMENTAL CONSULTANTS TELEPHONE NUMBER: L323/583-8811 562/693-0242 IV FAX NUMBER: FAX NUMBER: 323/ 588-4320 -MAIL ADDRESS:_-� 562/698-1739 V! E-MAIL ADDRESS: j 1pozzebon@ci.vernon.ca.us kjserv@aoixom INDICATE WHICH TYPE OF ENTITY YOU ARE (CHECK ONLY ONE): ® CITY ❑ COUNTY ❑ CITY & COUNTY I� I❑ OTHER (LIST TYPE) it LEGISLATIVE DISTRICT NUMBERS (TO FIND YOUR DISTRICT, USE MAILING ADDRESS ABOVE AND GO TO www.ciwmb.ca.gov/Profiles/Juris/) FEDERAL TAX IDENTIFICATION NUMBER: i Ii ASSEMBLY: SENATE: 46 22 - 30 t 95-6000808 Used Oil Recycling Block Grant Program (FY 2009/10) For Grantees receiving $20, 000 or less, and mult�urisdictional and regional grantees whose individual 'jurisdictions would have received $20, 000 or less had they applied individually - advance payment may be available at CIWMB Grant Manager discretion. Check box -- -- --- ----------- —------- --- ---- -- Request Advance Payment Option. Applicable permits and letters of authorization may be necessary to carry out collection activities funded by the Used Oil Recycling Block Grants. Your jurisdiction has or will obtain all the necessary permits for Used Oil Recycling Block Grant funded activities or those entities with which you contract for collection activities have the applicable permits. If requested, these documents must be made available for review. - Must check. box j------- _ _ --- - -=-----=— - We acknowledge that our organization will obtain the necessary permits and letters of ® authorization to carry out collection activities. CIWMB Grantees must in the performance of the Grant Agreement conduct their programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment ofpeople of all races, cultures, and income levels, including minority populations and low-income populations of the State. (Govt. Code § 65040.12(e) and Public Resources Code § 71110(a)) Must check fox -,- - - -- - - - - — - - - ------ ------ - - ---- We acknowledge that our organization will comply with these principles of Environmental Justice. 0 LUTION REQUIREMENT Submit an approved Resolution, valid up to 5 years, with your application or the following acknowledgement (If applicable, submit a current Letter of Designation (LOD) for signature designee) Must check: one I See Used Oil Recycling Block Grant Supplemental'Informationand Application Guidelines & Instructions for, Resolution and Letter of Designation (I OD) inforrimatioix and examples.,` ❑ We acknowledge that an approved Resolution and, if applicable, LOD designating additional signature authority is enclosed in the application. We acknowledge that our approved Resolution must be received by the CIWMB no later ® i than August 31, 2009. We further acknowledge that if our Resolution is received after this date, our application will be disqualified. By checking this box, Applicant acknowledges that submittal of this application constitutes acceptance of all Grant Agreement provisions as contained in the Terms and Conditions and Procedures and Requirements. To download these documents see: www.ciwmb.ca.izov/UsedOil/Grants/Block/I 5thCycle/default.htm Used Oil Recycling Block Grant Program (FY 2009/10) 3 APPLICATION CERTIFICATION Certification: I declare, under penalty of perjury under the laws of the State of California, that I have read all information in the Application Guidelines and Instructions and that all information submitted for the CIWMBIs consideration for award of grant funds is true and accurate to the best of my knowledge. 0 Signature Authority - as authorized in Resolution; or Authorized Designee - as authorized in submitted Letter of Designation LEWIS J. POZZEBON Print Name Date DIRECTORMEALTH O_FFIC_ER _ Print Title Used Oil Recycling Block Grant Program (FY 2009/10) APPLICATION CHECKLIST This application checklist is provided for your convenience and is not intended to be all inclusive. Prior to submitting your application, check the Used Oil Recycling Block Grant website at http://www.ciwmb.ca.gov/tJsedOil/Grants/Block/15thCycle for additional information. You are responsible for ® I Box is checked, if applicable. ®� Box is checked. Environmental Justice Certification Box is checked. -IJCG VaGUVLL l\G(i j•LLLLLs LLVI./1. VL UILL UK�JI-/LG ILGILLu -1 fVL LILULcvlc u.Lu F.+�-.(�vcu..apcv.r vasvr<v. vv. wu u-.+ .0 v. v...vv... v..✓..r �� .. ���r�•�•v »•.w--.--r•--• J Designation (LOD) information and examples ❑ Approved Resolution is included with Application; box is checked, or ® If applicable, approved Resolution is not submitted with Application but will be submitted to the CIWMB for receipt by August 31, 2009; box is checked. ❑ For Regional Applicants, Letters of Authorization are included with Application; box is checked, or ❑ If applicable, Letters of Authorization is not submitted with Application but will be submitted to the CIWMB for receipt by August 31, 2009; box is checked. ❑ If applicable, Letter of Designation (LOD) is included with Application. A LOD is not required to be submitted with the Application; however, it must be submitted prior to Designee's exercise of his/her authority. Acceptance of Grant Provisions _® Box is checked. ® I Appropriate box is checked. Used Oil Block Grant Funds: Projected Expenditures (CIWMB 644A) Box is checked. Used Oil Recycling Block Grant Program (FY 2009/10) 5 Z Copies: One application with original signature (blue ink preferred) ® Paper: $%2 X 11, printed double -sided, single spaced, on 100% post consumer fiber, and numbered consecutively ® Font: Comparable to 12 pt. Times New Roman ® Addressed to the appropriate mailing address as follows: For delivery by the U.S. Post Office: California Integrated Waste Management Board Attn: Jo Glenn Financial Assistance Division, MS 9A Used Oil Recycling Block Grant FY 2009110 (15th Cycle) P.O. Box 4025 Sacramento, CA 95812-4025 For hand delivery and common carrier: California Integrated Waste Management Board Attn: Jo Glenn, MS 9A Used Oil Recycling Block Grant FY 2009/10 (15th Cycle) 1001 1 Street Sacramento, CA 95814-2828 Used Oil Recycling Block Grant Program (FY 2009/10) STATE'OF CALIFORNIA CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD CIWMB 644A (Revised 6/09) Used Oil Block Grant Funds: Projected Expenditures in FY 2009/10 Grantees are required to submit projected expenditures for the activities to be conducted the upcoming Fiscal Year. The projected expenditure calculations document is part of the Used Oil Recycling Block Grant (UBG or Block Grant) 15th cycle application. It provides an evaluative tool for program staff assigned to manage the grant. 1. Grantee/Jurisdiction: The City of Vernon 2. Active Grant Funds To Be Expended From: 15 th cycle: UBG- 09-0187 3. Expected Expenditures from July 1, 2009 through June 30, 2010 Estimate expenditures in both dollars and percentages of the total for each activity that applies to your program. Include staff costs in total dollars spent. PROGRAM EXPENDITURES (a) Certified Collection Center (CCC) Support $ 250 5 % E Site Visits ❑ CCC Employee Training ❑ Abandoned Oil Interventions ❑ Other: (b) Oil Collection Events: Total Events: Total attendees: ❑ Oil Collection Containers ❑ Oil/Filter Coupons ® Oil Funnels/ Oil Rags $ 500 10 % ❑ Events w/ filter: ❑ Events w/o filter: (c) Used Oil Hauling/Collection Cost: ❑ Certified Collection Centers ❑ HHW Permanent Facility / ABOPS ❑ Residential Curbside Route ❑ Door-to-door/On-call ❑ Agricultural Collection ❑ Non -Certified Collection Centers (Non-Ag) $ % ❑ Temporary / Mobile Events ❑ Small Quantity Generators ❑ Airports ❑ Marinas ❑ Other: (d) Used Oil Filter Hauling/Collection Cost ❑ Certified Collection Centers ❑ HHW Permanent Facility / ABOPS ❑ Residential Curbside Route ❑ Door-to-door/On-call ❑ Agricultural Collection ❑ Non -Certified Collection Centers (Non-Ag) $ % ❑ Temporary / Mobile Events ❑ Small Quantity Generators ❑ Airports ❑ Marinas ❑ Other: (e) Equipment Purchase and Facility Construction/Expansion: ❑ Oil Tank ❑ Filter Crusher ❑ Oil/Filter Drums ❑ Contaminated Oil Detection Kits $ % ❑ Facility Construction ❑ Facility Expansion ❑ Other Equipment (i) Oil Use Reduction Program: $ % ❑ Extended Oil Change Education ❑ Other: (g) Storm Water Mitigation Program: ❑ Storm Drain Marking ❑ Storm Drain Stenciling ❑ Debris Screen ❑ Catch Basin Inlet Insert ❑ Vertical Drop -In Parking Lot Inlet Insert $ % ❑ Publicity and Education ❑ Auto Engine Leak/Drip Prevention ❑ Other: (h) Grant Planning and Management — Staff time related costs billed to the grant only. Program - related section such as surveys, program evaluation, and annual report preparation should not be billed to $ 250 5% this section. (Please include in -kind staff contribution costs on page 3 only) (i) Other Grant -Related Expenses not included above: Please explain STATE OF CALIFORNIA CIWMB 644 (Rev. 6/09) CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD Dollars Spent PUBLICITY AND EDUCATION EXPENDITURE MASS MEDIA (j) MEDIA TYPE: LANGUAGES used for mass media advertising/outreach: OUTREACH: ❑ Radio ❑ TV ® English ❑ Cambodian ❑ Newspaper ❑ Chinese ❑ Newsletter ❑ Hmong ❑ PennySaver ❑ Korean ❑ Post Card / Direct Mail ❑ Punjabi ❑ Posters / Flyers ❑ Russian ❑ Utility Bill Inserts ❑ Spanish ❑ Billboards ❑ Tagalog ❑ Website ❑ Vietnamese ❑ Other: ❑ Other: $ PERSON TO (k) TARGET AUDIENCES Venue / Methods LANGUAGES used for PERSON FOR PERSON TO ❑ Point of Purchase Advertising personalized outreach: OUTREACH: PERSON OUTREACH: ❑ Immigrants ❑ English As Second Language Classes ❑ English ❑ Cambodian ❑ Ethnic Group(s) ❑ Auto Parts Store Collection ❑ Chinese ❑ Shade Tree Mechanics Event ❑ Rmong ® Auto Enthusiasts ❑ Car Club/Auto Events ❑ Korean ❑ Boaters ❑ Boater Shows/Meeting ❑ Punjabi ❑ Agriculture / Growers ❑ Driver Training/Auto Shop ❑ Russian ❑ Truckers Classes ❑ Spanish ❑ Fleet Managers ❑ Agricultural/Small Grower ❑ Tagalog El Small Businesses Meetings ® Environmental Events ❑ Vietnamese El Other: ® Cultural Events ❑Other: ❑ Other: Behavior -Change Outreach Strategies: ® Personal Pledges ❑ Premium or Sign Prompts ❑ Community Member Endorsements ❑ Persuasive Messages $ 500 10 % ❑ Other: (1) K-12 School Outreach: ❑ Classroom Presentation (Curriculum) ® School Presentation $ 1250 25% ❑ Disney's Environmentality Challenge ( 5th Graders) ❑ Other: (m) Premiums: (Non -oil collection related - should be kept to minimum) List here: Used Oil Reg cling Calendars - 2010 $ 2250 45 TOTAL ESTIMATED EXPENDITURES: July 1, 2009 — June 30, 2010 (May include more than one Block Grant Cycle) $ 5,000 100 0a STATE'OF CALIFORNIA CIWMB 644 (Rev. 6/09) CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD ESTIMATE OF IN -KIND CONTRIBUTIONS Specify type (e.g. printing, staff time, etc.,) source and dollar amount: 1) Type: from for $ 2) Type: from for $ 3) Type: from for $ 4) Type: from for $ $ % 5) Type: from for $ Instructions for Completing Projected Expenditure for July 1, 2009—~June 30, 2010 Work Completed From July 1, 2009 - June 30, 2010: This section contains a breakdown of funds to be expended during the next fiscal year from one or more active block grants. Its categories may vary from those that appear on the EIS documents. This section will give program staff improved data to identify potential areas for development. PLEASE PROVIDE DOLLAR AMOUNTS AND PERCENTAGE OF TOTAL ESTIMATED EXPENDITURES FOR EACH LINE ITEM. (a) Certified Collection Center (CCC) Support: Report all expenses and check boxes related to Site Visits, CCC Employee Training, Abandoned Oil Intervention, and Other Related Activities. (b) Oil Collection Events: Report all expenses and check boxes related to Oil Collection Containers, Oil/Filter Coupons, Oil Funnels/Oil Rags, Events w/filter and Events w/o filter. Also include the total number of events in which you participated and the estimated total number of attendees at the events. (c) Used Oil Hauling/Collection Costs: Report all expenses and check boxes related to Certified Collection Centers, HHW Permanent Facility/ABOPS, Residential Curbside Route, Door-to-door/On- call, Agricultural Collection, Non -Certified Collection Centers (Non-Ag), Temporary/Mobile Events, Small Quantity Generators, Airports, Marinas and Other Related Activities. (d) Used Oil Filter Hauling/Collection Cost: Report all expenses and check boxes related to Certified Collection Centers, HHW Permanent Facility/ABOPS, Residential Curbside Route, Door-to-door/On- call, Agricultural Collection, Non -Certified Collection Centers (Non-Ag), Temporary/Mobile Events, Small Quantity Generators, Airports, Marinas and Other Related Activities. (e) Equipment Purchase and Facility Construction/Expansion: Report all expenses and check boxes related to the purchase of eligible equipment and the construction or expansion of facilities related to Oil Tank, Filter Crusher, Oil/Filter Drums, Contaminated Oil Detection Kits, Facility Construction, Facility Expansion and Other Equipment. (f) Oil Use Reduction Program: Report all expenses related and check boxes related to Extended Oil Change Education and Other Related Activities. (g) Storm water Mitigation Program: Report all expenses and check boxes related to Storm Drain Marking, Storm Drain Stenciling, Debris Screen, Catch Basin Inlet Insert, Vertical Drop -in Parking Lot Inlet Insert, Publicity and Education, Auto Engine Leak/Drip Prevention and Other Related Activities. STATE'OF CALIFORNIA CIWMB 644 (Rev. 6/09) CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD (h) Grant Planning and Management: Report all expenses of staff time related costs billed to the grant only. Program -related cost related to Surveys, Program Evaluation and Annual Report Preparation should not be billed to this section. (i) Other Grant -Related Expenses not included above: Report all estimated expenses not covered in one of the categories listed above. Publicity and Education Expenditure (i) Mass Media Outreach: Report all expenses related to mass media outreach and check all boxes that describe your efforts regarding targetaudiences, media type, and languages utilized. (k) Person to Person Outreach: Report all expenses related to your efforts at personal contact with individuals from target audiences. Check off boxes that describe your efforts during the past fiscal year. Community Based Social Marketing (CBSM) or Behavior -Modification Tools Used during outreach: Check boxes that describe your efforts, if any, during the past fiscal year. (1) K-12 School Outreach: Report all expenses related to school outreach and check appropriate boxes. For more information about Disney's Environ mentality Challenge, a public/private partnership between the State of California and the Walt Disney Company, visit http://disney.qo.com/environmentality/dec/discover.htmi. (m) Premiums: (Non -oil related): Report all estimated expenses related to the design, purchase, and dissemination of premiums not previously included in section 3b. These should be kept to a minimum. Estimate of In -Kind Contributions Estimate of In -Kind Contributions: List type of in -kind service, the source for it (such as, city funds, volunteers, donations, etc.) and the estimated value in dollars. HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT Lewis Pozzebon, Director/Health Officer 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 588-4320 August 5, 2009 CERTIFIED MAIL California Integrated Waste Management Board Attn: Jo Glenn Financial Assistance Division MS #9A Used Oil Block Grant FY 2009/2010 (15th Cycle) P.O. Box 4025 Sacramento, California 95812-4025 Subject: Application for Used Oil Block Grant FY 2009/2010 —15th Cycle Dear Ms. Glenn: Enclosed with this letter is the following item required for the subject application: Resolution No. 10,031 approving and authorizing the execution of an application for the 2009/2010 Used Oil Block Grant The resolution was recently executed and apXroved by the City of Vernon City Council to complete the application process for the Used Oil Grant - 15 Cycle. Please attach the enclosed resolution to the application package submitted on July 27, 2009. The Used Oil Grant Program has effectively promoted used oil recycling activities. The City of Vernon appreciates the California Integrated Waste Board's support of this important program and we are looking forward to another productive grant cycle. If you have any questions regarding this grant application, please contact Leonard Grossberg at (323) 583-8811, ext. 231. Lewis J. Attachment: (1) Xc: Nelly Giron, City Clerk Officer 9cLG:Used Oil/15'h Cycle/grant Resolution FY2009-2010.doc Exclusivefy Industriaf 1 RESOLUTION NO. 10,031 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN APPLICATION FOR A 2009/2010 USED.OIL RECYCLING 4 BLOCK GRANT 5 . 6 WHEREAS, the people of the State of California have enacted 7 the California Oil Recycling Enhancement Act that provides funds to 8 cities and.counties for -establishing and maintaining local used oil 9 collection programs that encourage recycling or appropriate disposal 10 of used oil; and 11 WHEREAS, the. -California Integrated Waste. Management Board 12 ("Waste Board") has been delegated the responsibility for the 13 administration of the program within the State, setting up necessary . 14 procedures governing application by cities and counties under the. 15 program; and 16 WHEREAS,. on June 16, 2008, the City Council of the -City of 17 Vernon adopted Resolution No. 9635 approving and authorizing the 18 submittal to the Waste Board of an Application for a 2008/2009 Used. 19 Oil Recycling Block Grant (Fourteenth Cycle) under the California.Oi1 20 Recycling Enhancement Act; and 21 WHEREAS in accordance with the Waste Board's approval of 22 previous applications, the City of Vernon received grant funds of 23 approximately Five Thousand.Dollars. ($5,000) on a yearly basis from 24 1997 through 2008 and used.the funds to improve the public's awareness 25 of -used oil recycling .opportunities and the damage to the environment 26 caused from releases of used oil; and 2.7. WHEREAS, the Waste Board is offering an opportunity for 28 cities to apply .for the Fifteenth Cycle of Used Oil Recycling Block 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Grant Program -for the fiscal year 2009/2.010 and the''expected.grant fund level for Vernon:is expected to be at Five Thousand Dollars �j($5,000); and WHEREAS, the Director of Health & Environmental Control -will continue to administer the Used Oil. Recycling Block Grant Program on behalf of the City of Vernon and has recommended that the City apply for the Used Oil Recycling.Block Grant Program funds;* and WHEREAS, by memo dated July 21, 2009, the Director of Health & Environmental Control has recommended that the 2009/2010 Used Oil Recycling Block Grant Program Application be approved and executed. 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 land correct. - SECTION 2: :The City,Council of the City of Vernon hereby approves and authorizes the submittal to the Waste Board of a 2009/2010 Used Oil Recycling Block Grant Program Application, a copy of which is 19 attached hereto as Exhibit A and incorporated by reference, for all 20 available grants.under the California oil Recycling Enhancement Act. 21 SECTION 3: The City Council of the City of Vernon hereby 22 authorizes the -execution -of the Application by the Director of Health 23 & Environmental Control on behalf of the City of Vernon and hereby 24 authorizes the Director of Health & Environmental Control to execute 25 any and all documents, including but not limited to, applications; 26 agreements, amendments and requests for payment, necessary for the 27 purposes of securing grant funds and to implement and carry out the 28 purposes specified in the grant application for, and on behalf of, the I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I City of Vernon. SECTION 4; The City Council of the City of Vernon hereby directs the Director of Health & Environmental Control, or his designee, to send prior to July 31, 2009, the executed Application together with a copy of this Resolution to: If by U.S: Postal Service California Integrated Waste Management Board Attn:. Financial Assistance.Division, MS 9A Used Oil Recycling Block Grant FY 2009/2010 (15th Cycle) P.O. Box 4025 Sacramento, CA 95812-4025 . If by Commercial Carrier or Hand -Delivered. California Integrated Waste Management Board Attn: Financial Assistance Division, MS 9A Used Oi.l Recycling Block Grant FY 2009/2010 (15th Cycle_) 1001 "I" Street Sacramento, CA 95814-2828 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution,and the City Clerk of the City of Vernon shall cause this resolution and her certification to be'.entered in the Book of Resolutions of the Council of this -City. APPROVED .AND ADOPTED this 27th day of July, 2009 ATTEST: &AMUELA GIRON, 'ty Clerk Name: Hilario Gonzales Title: Mayor /f - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City..of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 10,031, was duly passed, approved and adopted by the City Council of the City of .Vernon at regular meeting of the City -Council duly held on Monday, July 27, 2009, and thereafter -was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed -this Q �7 day of / V 2009, at Vernon, California. L MANUELA.GIRON, 6ity Clerk SEAL) - 4 - CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: July 28, 2009 TO: Lewis Pozzebon, Director of -Environmental Health FPP Nelly Giron, City Clerk RE: Resolution No, 10,031 - A Resolution of the City 'Council of the City.of Vernon Approving and Authorizing the Execution of an Application for a 200V2010 Used Oil Recycling Block Grant Transmitted herewith is a copy,of Resolution.No..10,031, referenced above, which was approved by City Council on July 27, 2009. Thank you. NG : dj Attachment c: Sharon Duckworth -Masami Higa Joaquin Leon Resolution No. 10,031 HEALTH.& ENVIRONMENTAL CONTROL DEPARTMENT Lewis Pozzebon, Director / Health Officer 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 588-4320 March 9, 2010 CalRecycle/Financial Assistance Division Attn: Jo Glenn MS#9A P.O. Box 4025, 1001 "I" Street Sacramento, CA 95812-4025 CERTIFIED MAIL Subject: Used Oil Block Grant FY 2009/2010 —15th Cycle Dear Ms. Glenn: Enclosed with this letter are the following items required to process the subject grant: ♦ The original Grant Agreement, with signature ♦ The original Grant Payment Request, with signature If you have any questions regarding this grant application, please contact Leonard Grossberg at (323) 583-8811, ext. 231 Attachments: (2) Xc: Kristen Enomoto, Deputy City Clerk 9cLG:Used Oil/15'' Cycle/grant agreement FY2009-2010.doc S' e y Lewis J. Pozzebo S. Director/Health fficer E,�c(usivefy Industrial STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle) GRANT AGREEMENT COVER SHEET CalRecycle 110 (Revised 1/10) - - GRANTNUMBER UBG15-09-164 NAME OF GRANT PROGRAM 2009/2010 Used Oil Block Grants - Fifteenth Cycle GRANTEE NAME City of Vernon 'AYER'S FEDERAL EMI FROM: JUN 1, 2009 IUtN I IFILA I IUN NUMULK 003.00 THIS AGREEMENT is made and entered into on this 215' day of January 2010, by the Department of Resources Recycling and Recovery ("CalRecycle") and City of Vernon (the "Grantee"). CalRecycle 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 are attached hereto, the CalRecycle-approved Application and the Application Guidelines and Instructions are incorporated by reference herein and made a part hereof. CalRecycle agrees to fund work done by the Grantee in accordance with this Agreement up to but not to exceed the Total Grant Amount specified herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the dates entered below. CALRECYCLE GRANTEE' NAME (PRINT OR TYPE) City of Vernon SIGNATURE OF CALRECYCLE'S AUTHORIZED SIGNATORY: SIGNATURE OF GRAN (AS AUTHORIZED I E LUTION OR LET , OF DESIGNATION AUTHORIZATION) Director, CalRecycle DATE TITLE n /.R r���� DATE _ L j / Authorized representative GRANTEE' ADDRESS (INCLUDE STREET, CITY, ST TE ANDAP CODE) �306 S .s��'rA LIE. it EdZl�Q1� Ck 900`� CERTIFICATION OF FUNDING AMOUNT ENCUMBERED BY THIS AGREEMENT PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE 2009/2010 Used Oil Block Grants - Fifteenth Cycle OIL $5,003.00 (OPTIONAL USE) PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT ITEM 3500-602-0100 CHAPTER 817 STATUTE 1991 FISCAL YEAR 2009/2010 TOTAL AMOUNT ENCUMBERED TO DATE - $5, 003.00 OBJECT OF EXPENDITURE (CODE AND TITLE) 1000-75100-702 1 hereby certify upon my own personal knowledge that budgeted funds are available for T.B.A. No. B.R. No. the period and purpose of the expenditure stated above. SIGNATURE OFCALRECYCLE ACCOUNTING OFFICER: DATE — d 3AN 2 7 2010 STATE O'F CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle) GRANT PAYMENT REQUEST CalRecycle 87 (Rev. 01/10) Complete the information requested. .*L GRANTEE NAME (AS APPEARS ON GRANT AGREEMENT) 2. GRANT NUMBER (ASSIGNED BY CALRECYCLE) City of Vernon UBG16-09-164 3. GRANTEE INVOICE NUMBER (OPTIONAL) 4. PAYMENT REQUEST NUMBER 5. TYPE OF PAYMENT REQUEST (ATTACH SUPPORTING DOCUMENTATION) 6. AMOUNT REQUESTED ® Advance ❑ Reimbursement ❑ Final $5,003.00 7. Send warrant to: GRANTEE NAME (,e.g. , ORGANIZATION/BUSINESS NAME) City of Vernon CONTACT NAME Lewis Pozzebon ADDRESS 4305 Santa Fe Ave CITY STATE ZIP CODE Vernon CA 90058 8. Certification of completion of General Checklist of Business Permits, Licenses and Filings (CalRecycle 669) Check one box ❑ CalRecycle 669 form on file is current and complete ❑ Changes made since last CalRecycle 669 form Was submitted (attach revised CalRecycle 669 form) ❑ CalRecycle 669 form is not required for this grant cycle 9. l certify, under penalty of perjury under the laws of the State of California, that the above information is true and correct and that all funds rec d h e be n or will be expended in accordance with the approved agreement for Department of Resources Recycli a ecove (CalRecycle) grant funding. 3-9-10 Sig of Signature Authority / u rized Designee Date e (as authorized in Resolution or Letter of Designation, LOD) Lewis Pozzebon Director / Health Offic Print Name Title k..: ,Ca7eeycle Stafflse 10. REQUESTED AMOUNT $5,003.00 11. ADDITIONS OR DEDUCTIONS SUBJECT TO WITHHOLD 12.SUBTOTAL 13. LESS WITHHOLD (IF APPLICABLE AND AUTHORIZED IN GRANT AGREEMENT) $ 500.30 14. ADDITIONS OR DEDUCTIONS NOT SUBJECT TO WITHHOLD 15. APPROVED AMOUNT FOR PAYMENT $4,502.70 17. DATE RECEIVED 16. COMMENTS Approval Signature of CalRecycle Grant Manager Date Approved Approval Signature of CalRecycle Program Manager Date Approved See instructions on reverse side