Resolution No. 2010-041RESOLUTION NO. 2010-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN APPLICATION FOR THE ENVIRONMENTAL PROTECTION
TRUST FUND GRANT PROGRAM
WHEREAS, the California Environmental Protection Agency has
established the Unified Program to consolidate, coordinate, and make
consistent the administrative requirements, permits, inspections, and
emergencyresponse programs of local governments throughout the State;
and
WHEREAS, the City of Vernon Health & Environmental Control
Department serves as the Certified Unified Program Agency ("CUPA") for
the City of Vernon under the Unified Program and is authorized and
responsible for administering all Program elements; and
WHEREAS, the City of Vernon Health & Environmental Control
Department is a member of the CUPA Forum, a statewide collection of
CUPAs and other participating agencies that implements and regularly
updates the Unified Program; and
WHEREAS, the CUPA Forum Board has established the
Environmental Protection Trust Fund Grant Program (the "Grant") to
assist local CUPAs in enforcing the Unified Program; and
WHEREAS, by a memorandum dated March 11, 2010, the Director
of Health & Environmental Control has recommended that the City of
Vernon apply for Grant funds to procure portable computer equipment
and supplies and facilitate the necessary training and has requested
authorization to submit such application ("Grant Application").
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 CUPA Forum Board of a
Grant Application, a copy of which is attached hereto as Exhibit A.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Administrator, or his designee, to execute the
Grant Application and all other documents, including but not limited
to, applications, agreements, 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 City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Administrator, or his designee, to submit the
executed Grant Application, together with a copy of this Resolution,
to the CUPA Forum Board by March 30, 2010.
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
the City Clerk's certification to be entered in the File of
Resolutions of the Council of this City.
APPROVED AND ADOPTED this 22nd day of March, 2010.
ATT
Will
1 l.y t. G-1 Jl
Name: Hilario Gonzales
Title: Mayor / n
2
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon,.do
hereby certify that the foregoing Resolution, being.Resolution
No. 2010-41, 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, Match 22, 2010, and thereafter was duly signed by the Mayor
or Mayor Pro-Tem of the City of Vernon.
Executed this o 3 day of March, 2010, at Vernon, California.
Willard G. Y agu i, City Clerk
(SEAL)
- 3 -
EXHIBIT A
Trustees
ALi FIORN IA
CUPA Forum Enforcement Issue
Coordinator
• Michael Vizzier, Chair
PA Elise Rothschild,
Bill Jones, Los Angeles County Fire
Northern California
•
Secretary/Treasurer
FORD M
Eric Scott, Glenn County
Bay Area
• Vince Mendes, Trustee
Elise Rothschild, Sacramento County
PO Box 2017
• Bill Jones, Trustee
Cameron Park, CA 95682-2017
Central California
Vince Mendes, Fresno County
• Eric Scott, Trustee
Southern California
Michael Vizzier, San Diego County
f
PIP,
!i UAVA
k
d
Name of UPA or Other Entity:
City of Vernon
Name of Department Head, Director or Designee:
Lewis Pozzebon
Name of Project Director:
Lewis Pozzebon
Address:
4305 Santa Fe Ave.
City, State, Zip Code:
Vernon, CA 90058
Phone:
323-583-8811 ext.229
CUPA Trust Fund Grant Application - December 2009 Page 1 of 5
Trustees
CUPA Forum Enforcement Issue
Coordinator
%ALIFIORNIA
PA•
• Michael Vizzier, Chair
Elise Rothschild,
Bill Jones, Los Angeles County Fire
Northern California
FORUM
Secretary/Treasurer
Eric Scott, Glenn County
Bay Area
• Vince Mendes, Trustee
Elise Rothschild, Sacramento County
PO Box 2017
• Bill Jones, Trustee
Central California
Cameron Park, CA 95682-2017
Vince Mendes, Fresno County
• Eric Scott, Trustee
Southern California
Michael Vizzier, San Diego County
E-Mail Address:
1pozzebon@ci.vernon.ca.us
Name of Grant Contact: (Contact for grant implementation, progress, etc)
Lewis Pozzebon
Address:
4305 Santa Fe Ave.
City, State, Zip Code:
Vernon, CA 90058
Phone:
323-583-8811 ext.229
Fax:
323-588-4320
E-Mail Address:
1pozzebon@ci.vernon.ca.us
The City of Vernon (COV) CUPA is requesting $22,295.00 - $28,063.00 for purchasing portable fieldccomputers for its inspection staff.
Purchasiinq these computers would be quite beneficial since the COV CUPA is responsible for administering all programs within the
......... .. ........ ....... ._ ..... _....... _. 9 ....... i.. 9 ........
Unified Program. Inspectors could perform inspections more efficiently, have more information readily accessible to them, write
reports in a more consistent manner, produce an environmentally friendly product and ultimately provide better service to the
community.
CUPA Trust Fund Grant Application - December 2009 Page 2 of 5
CUPA Trust Fund Grant Application - December 2009 Page 3 of 5
Fhis grant will be used to supplement the annual budget of the Grantee. It will not
be used to reduce or supplant the annual operating budget of the Grantee.
the grant applicant maintains an accounting system that is sufficient to track the
ise of Trust Fund monies and to report on these transactions as required under the
perms of the grant.
CUPA Trust Fund Grant Application - December 2009 Page 4 of 5
Grant applicants requesting equipment purchases must certify that their
organization maintains a fixed asset tracking system and a periodic inventory of
equipment is performed. A copy of the first inventory following the purchase of
equipment with Trust Funds must be submitted to the Trustees.
A copy of the invoice and a picture of equipment purchased with these funds
must be submitted to the Trustees within one month of purchase.
Successful applicants must acknowledge the Trust Fund's right to conduct an
audit of purchase(s) made with Trust Fund monies.
Grant funds must be expended for the purposes approved in the grant within two
years or repaid to the Trust Fund, unless otherwise stipulated in the grant award.
Director/Department Head or Authorized Designee Signature:
Printed name of Director/Department Head or Authorized Designee:
Lewis Pozzebon
jDate:
CUPA Trust Fund Grant Application - December 2009 Page 5 of 5
CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: March 23, 2010
TO: Lewis Pozzebon, Director of Environmental Health
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2010-41 - A Resolution of the City
Council of the City of. Vernon Approving and
Authorizing the Execution of an Application for the
Environmental Protection Trust Fund Grant Program
Transmitted herewith is a copy of Resolution No. 2010-41,
referenced above, which was approved by City Council on March
22, 2010.
Thank you.
WY : dj
Attachment
c: Rory Burnett
Masami Higa
Alex Kung
Joaquin Leon
Resolution No. 2010-41
q , CEIVED
MAR 16 2010
��Ivatr N�°6
CITY CLERK'S OFFICE
STAFF REPORT
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
DATE: March 11, 2010
TO: Honorable Mayor and City Council
FROM: Lewis Pozzebon, Director / Health Officer
RE: Request for Approval to Apply for an Environmental Protection Trust Fund
Grant FY 2010/2011
BACKGROUND:
Our department is requesting authorization to apply for an Environmental Protection Trust (Trust)
Fund Grant. The grant is being offered by the California Certified Unified Program Agency (CUPA)
Forum Board. This trust was established to manage and disburse monies from enforcement case
settlements to enhance the investigation, inspection and enforcement of Unified Programs
throughout the State of California.
The City of Vernon Health & Environmental Control Department (HECD) serves as the CUPA
for the City of Vernon, and is authorized and responsible for administering all elements of the
Unified Program including the California Accidental Release Program (CalARP), Hazardous
Materials, Hazardous Waste and Hazardous Waste Treatment, Underground Storage Tanks and
Aboveground Storage Tank Programs.
We are proposing to requested grant monies ($28,063.00) to procure portable computer equipment,
supplies, and to facilitate obtaining the necessary training instead of budgeting City funds. The
equipment will help us meet our department's commitment to conducting CUPA field inspections.
In order to receive the Environmental Protection Trust Fund Grant, we must submit the following
documents (see attached) to the California Certified Unified Program Agency (CUPA) Forum Board
by March 30, 2010:
Grant Application and Cover Letter to the California Certified Unified Program Agency
(CUPA) Forum Board
Upon receiving City Council approval, I will sign the Grant Application for Submission.
FISCAL IMPACT:
No fiscal impact is expected by approving this request, and in fact will benefit the City by
reducing the amount of budget funds needed to conduct mandated CUPA programs.
RECOMMENDATION:
We recommend that you approve the request to submit the grant application.
Attachments
Xc: Laurence S. Wiener, City Attorney
9cLG:CUPA/Environmental Protection Trust Fund Grant 2010/Request to Council memo Mar 2010.doc
STAFF REPORT
RECEIVE
MAR 16 2010
CITY CLERK'S OFFICE
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
DATE: March 11, 2010
TO: Donal O'Callaghan, City Administrator
FROM: t "(Lewis Pozzebon, Director
i /--%
CC: f Leonard Grossberg, Chief Deputy Director
RE: Request for Approval to Apply for an Environmental Protection Trust Fund
Grant FY 2010/2011
BACKGROUND:
Our department is requesting authorization to apply for an Environmental Protection Trust (Trust)
Fund Grant. The grant is being offered by the California Certified Unified Program Agency (CUPA)
Forum Board. This trust was established to manage and disburse monies from enforcement case
settlements to enhance the investigation, inspection and enforcement of Unified Programs
throughout the State of California.
The City of Vernon Health & Environmental Control Department (HELD) serves as the CUPA
for the City of Vernon, and is authorized and responsible for administering all elements of the
Unified Program including the California Accidental Release Program (CaIARP), Hazardous
Materials, Hazardous Waste and Hazardous Waste Treatment, Underground Storage Tanks and
Aboveground Storage Tank Programs.
We are proposing to requested grant monies ($28,063.00) to procure portable computer equipment,
supplies, and to facilitate obtaining the necessary training instead of budgeting City funds. The
equipment will help us meet our department's commitment to conducting CUPA field inspections.
In order to receive the Environmental Protection Trust Fund Grant, we must submit the following
documents (see attached) to the California Certified Unified Program Agency (CUPA) Forum Board
by March 30, 2010:
• Grant Application and Cover Letter to the California Certified Unified Program Agency
(CUPA) Forum Board
Upon receiving City Council approval, I will sign the Grant Application for submission.
i
MAR 1 1 2010
FISCAL IMPACT:
No fiscal impact is expected by approving this request, and in fact will benefit the City by
reducing the amount of budget funds needed to conduct mandated CUPA programs.
RECOMMENDATION:
We recommend that you approve the request to submit the grant application. We would like the
request for approval by the City Council to be heard at the regularly scheduled City Council
Meeting on March 22, 2010 in order to meet the submittal deadline.
Attachments
Xc: Laurence S. Wiener, City Attorney
9CLG:CUPA/Envlromnental Trust Fund Grant 2010/Request authority to apply memo.doc
Trustees
%..ALIFIORNIA
• Michael Vizzier, Chair
U-PA •—Elise-Rothschild,
FORUM Secretary/Treasurer
Vince Mendes, Trustee
PO Box 2017
•Bill Jones, Trustee
Cameron Park, CA 95682-2017
Eric Scott, Trustee
Name of UPA or Other Entity:
............ -
CUPA forum Enforcement Issue
Coordinator
Bill Jones, Los Angeles County Fire
Northern California
Eric Scott, Glenn County
Bay Area
Elise Rothschild, Sacramento County
Central California
Vince Mendes, Fresno County
Southern California
Michael Vizzier, San Diego County
Name of Department Head, Director or Designee:
Lewis Pozzebon
Name of Project Director:
Lewis Pozzebon
Address:
4305 Santa Fe Ave.
City, State, Zip Code:
Vernon, CA 90058
323-583-8811 ext.229
CUPA Trust Fund Grant Application — December 2009 Page 1 of 5
PO Box 2017
Cameron Park, CA 95682-2017
Trustees
• Michael Vizzier, Chair
• Elise Rothschild,
Secretary/Treasurer
• Vince Mendes, Trustee
• Bill Jones, Trustee
• Eric Scott, Trustee
E-Mail Address:
Ipozzebon@ci.vernon.ca.us
CUPA Forum Enforcement Issue
Coordinator
Bill Jones, Los Angeles County Fire
Northern California
Eric Scott, Glenn County
Bay Area
Elise Rothschild, Sacramento County
Central California
Vince Mendes, Fresno County
Southern California
Michael Vizzier, San Diego County
Name of Grant Contact: (Contact for grant implementation, progress, etc)
Lewis Pozzebon
Address:
4305 Santa Fe Ave.
City, State, Zip Code:
Vernon, CA 90058
Phone:
323-583-8811 ext.229
E-Mail Address:
Ipozzebon@ci.vernon.ca.us
The City of Vernon (COV) CUPA is requesting $22,295.00 - $28,063.00 for purchasing portable field computers for its inspection staff.
Purchasing these computers would be quite beneficial since the COV CUPA is responsible for administering all programs within the
Unified Program. Inspectors could perform inspections more efficiently, have more information readily accessible to them, write
........ .., _ . _......... ....._.,..._ ......... ......... .....,.......,,-„ ........ ....._ - I- ......... _... ....,........,.,.,.
reports in a more consistent manner, produce an environmentally friendly product and ultimately provide better service to the
community.
CUPA Trust Fund Grant Application - December 2009 Page 2 of 5
CUPA Trust Fund Grant Application - December 2009 Page 3 of 5
This grant will be used to supplement the annual budget of the Grantee. It will not
�. be used to reduce or supplant the annual operating budget of the Grantee.
The grant applicant maintains an accounting system that is sufficient to track the
use of Trust Fund monies and to report on these transactions as required under the
terms of the grant.
CUPA Trust Fund Grant Application - December 2009
Page 4of5
Grant applicants requesting equipment purchases must certify that their
organization maintains a fixed asset tracking system and a periodic inventory of
equipment is performed. A copy of the first inventory following the purchase of
equipment with Trust Funds must be submitted to the Trustees.
A copy of the invoice and a picture of equipment purchased with these funds
must be submitted to the Trustees within one month of purchase.
Successful applicants must acknowledge the Trust Fund's right to conduct an
audit of purchase(s) made with Trust Fund monies.
Grant funds must be expended for the purposes approved in the grant within two
years or repaid to the Trust Fund, unless otherwise stipulated in the grant award.
Director/Department Head or Authorized Designee Signature:
Printed name of Director/Department Head or Authorized Designee:
Lewis Pozzebon
Date:
CUPA Trust Fund Grant Application - December 2009 Page 5 Of 5
IF. CMVED
RECEIVED F M 12 2013
DEC 13 2013 0/0 ,y� : CITY aiOwiINISTRAll01V
CITY CLERK'S OFFICE / M WIK-E
STAFF REPORT
HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT
DATE: December 17, 2013
TO: Honorable Mayor and City Council
FROM: Leonard Grossberg, Director / Health Officer
RE: Ratify Authorization for Extension of Contract with California Environmental
Protection Agency and Vernon City Environmental Health CUPA Agreement
No. G10-UPA113 — Amendment 2
RECOMMENDATIONS:
It is recommended that the City Council:
1. Find that approval of the forms of contract and of related documents in this staff report is
exempt under the California Environmental Quality Act (CEQA) in accordance with
section 15061 (b)(3), the general rule that CEQA only applies to projects that may have
any effect on the environment.
2. Ratify the attached contract extension with California Environmental Protection Agency.
Background:
In November 2010, the Vernon City Council approved a resolution entering into a grant
agreement with the California Environmental Protection Agency (CAL -EPA) and the Vernon City
Environmental Health Certified Unified Program Agencies (CUPA). The grant administered by
the State, provides funds collected from the oversight surcharge fees to provide the CUPAs and
their participating agencies assistance in implementing the electronic reporting requirements.
The original grant amount of $45,572.00 was to be used during the term of the grant, which ran
from January 1, 2010 through December 31, 2013. Quarterly reports were to be submitted in
order to receive grant disbursement of funds.
CAL -EPA has requested to extend the date of the original contract to June 30, 2014.
The requested for a grant extension agreement with a December 16, 2014 deadline was signed
and submitted by the Director of Health & Environmental Control Department to meet the
deadline (Attachment).
Recommendations:
Staff recommends that the City Council ratify the grant extension agreement which was signed
and submitted to CAL -EPA by the December 16, 2014 deadline.
Fiscal Impact:
No adverse fiscal impacts are expected from this request.
Attachments
9cLG:MyDocs/Z/Health Dept/Staff Reports/Memo to Council CAL -EPA agreement 2013.doc
CERTIFIED UNIFIED PROGRAM AGENCY ELECTRONIC REPORTING
GRANT AGREEMENT
BETWEEN THE
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
AND
VERNON CITY ENVIRONMENTAL HEALTH
CERTIFIED UNIFIED PROGRAM AGENCY
AGREEMENT NO. G10-UPA113
AMENDMENT2
State and Grantee hereby agree as follows:
1. PROVISIONS. The following statute authorizes the State to enter into this Grant Agreement:
a. California Health and Safety Code, division 20, chapter6.11, section 25404
2. PURPOSE. The State shall provide a grant to and for the benefit of the Grantee for the purpose of allocating
monies from the regulated businesses oversight surcharge to the Certified Unified Program Agencies
(CUPAs). Assembly Bill 2286 authorizes the Secretary to use funds from the oversight surcharge to provide
certified unified program agencies and participating agencies assistance in implementing electronic reporting
requirements through grant funds for the purposes of the system. Up to 25% of the grant is authorized to be
paid in advance on approval of the grant application.
3. GRANT AMOUNT.$45,572.00
a. Advanced Payment Amount. $ 11,393.00
4. TERM OF AGREEMENT. The term of the Agreement shall begin on January 1, 2010, and end on December 31,
2012 June 30, 2014. ABSOLUTELY NO GRANT DISBURSEMENT REQUESTS WILL BE ACCEPTED
AFTER Marsh 2014 August 1, 2014.
5. REPRESENTATIVES. Either party may change its Representative(s) upon written notice to the other party. The
Representatives during the term of this Agreement will be:
California Environmental Protection Agency
GRANT MANAGER
James Bohon
1001 "1" Street, 2nd Floor
Sacramento, California 95814
Phone 916 327-5097
Fax 916 322-5615
Email: bohon cafe a.ca. ov
GRANTEE
GRANT CONTACT
Name of Project Director, Title: Leonard Grossberg,
Director/Health Officer
Name: David LeDuff, Chief Deputy Director
Street Address: 4305 Santa Fe Ave.
Street Address: 4305 Santa Fe Ave.
City, Zip: Vernon, 90058
City, Zip: Vernon, 90058
Phone: (323) 583-8811 ext.229 231
Phone: (323) 583-8811 ext.256
Fax: (323) 588-4320
Fax: (323) 588-4320
e-mail : Grossberg@ci.vernon.ca.us
e-mail: dleduff@ci.vernon.ca.us
Vernon City Environmental Health
Electronic Reporting Grant Agreement No. G10-UPA113
Amendment 2
Page 2 of 6
6. STANDARD AND SPECIAL PROVISIONS. The following exhibits are attached and made apart of this Agreement by this
reference:
Exhibit A REPORTING AND GRANT DISBURSEMENT PROVISIONS
Exhibit B SPECIAL AND GENERAL PROVISIONS
Exhibit C GRANT APPLICATION
Exhibit D TRANSITION PLAN
7. GRANTEE REPRESENTATIONS. The Grantee accepts and agrees to comply with all terms, provisions, conditions,
and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances,
declarations, representations, and commitments made by the Grantee in its application, accompanying
documents, and communications filed in support of its request for grant funding.
8. DEFINITIONS. The following defined terms apply throughout this Agreement:
"Cal/EPA" means the California Environmental Protection Agency;
'CUPK means the Certified Unified Program Agency;
"Grantee" means the Vernon County Environmental Health;
"PA" means the Participating Agency;
"Electronic Reporting" means the Electronic Reporting requirements of Assembly Bill 2286
"Secretary" means the Secretary of the California Environmental Protection Agency; and
"State" means the State of California, including Cal/EPA.
IN WITNESS THEREOF, the parties have executed this Agreement on the dates set forth below.
By:
Grantee Signature
Grantee Name, Title (Typed/Printed)
0
Eric Jarvis
Assistant Secretary for Fiscal
and Administrative Programs
California Environmental Protection Agency
Vernon City Environmental Health
Electronic Reporting Grant Agreement No. G10-UPAl 13
Amendment 2
Page 3 of 6
EXHIBIT A.
REPORTING AND GRANT DISBURSEMENT PROVISIONS
1. The Grantee shall prepare and submit a Transition Plan Status Reports, including Grant Disbursement
Request form for documentation of expenditures, to the Cal/EPA Grant Manager at the following address:
California Environmental Protection Agency
Unified Program Section
Attn: Shinita Bryson
1001 "1" Street, 2nd Floor
Sacramento, California 95814
2. The Transition Plan Status Report and Grant Disbursement Request Form will be provided by Cal/EPA upon
the approval of the Grant Application.
3. Each report shall have a cover letter certified by the Project Director or the Grant Contact.
4. For purposes of the Electronic Reporting Implementation Status Reports, the reporting period is as follows:
Report
Reporting Period
Report Due Date
Report 1
June 1, 2010, to September 30, 2010
November 1, 2010
Report 2
October 1, 2010, to December 31, 2010
February 1, 2011
Report 3
January 1, 2011, to March 31, 2011
May 1, 2011
Report 4
April 1, 2011, to June 30, 2011
August 1, 2011
Report 5
July 1, 2011, to September 30, 2011
November 1, 2011
Report 6
October 1, 2011, to December 31, 2011
February 1, 2012
Report 7
January 1, 2012, to March 31, 2012
May 1, 2012
Report 8
April 1, 2012, to June 30, 2012
August 1, 2012
Report 9
July 1, 2012, to September 30, 2012
November 1, 2012
Report 10
October 1, 2012, to December 31, 2012
February 1, 2013
Report 11
January 1, 2013, to March 31, 2013
May 1, 2013
Report 12
April 1, 2013 to June 30, 2013
August 1, 2013
Report 13
July 1, 2013 to September 30, 2013
November 1, 2013
Report 14
October 1, 2013 to December 31, 2013
February 1, 2014
Report 15
January 1. 2014 to March 31, 2014
May 1. 2014
Report 16
April 1. 2014 to June 30, 2014
Auuusf 1. 2014
B. GRANT DISBURSEMENT PROVISIONS
1. Grant Disbursement Request Forms shall be used to depict the expenditures incurred by the Grantee in
implementation of Electronic Reporting throughout the period of performance.
2. The Grant Disbursement Request Form shall be submitted as an attachment to the Transition Status Report,
in accordance with the submission schedule provided above.
3. The Grantee shall use the Grant Disbursement Request Form provided by Cal/EPA..
Vernon City Environmental Health
Electronic Reporting Grant Agreement No. G10-UPA113
Amendment 2
Page 4 of 6
EXHIBIT B
SPECIAL AND GENERAL PROVISIONS
A. SPECIAL PROVISIONS
1. AMENDMENTS: No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties and approved as required. No oral understanding or agreement not
incorporated in the Agreement is binding on any of the parties.
2. WAIVERS: Any term, provision, condition, or commitment of this Agreement maybe waived at the discretion
of Cal/EPA. All waivers shall be documented in writing. `
3. DISPUTES: The Grantee shall continue with the responsibilities under this Agreement during any dispute.
Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided
by the Cal/EPA Assistant Secretary for Local Programs or an authorized representative. The decision shall
be in writing and a copy thereof furnished to the Representatives of this Agreement. The decision of the
Assistant Secretary shall be final and conclusive unless, within thirty (30) calendar days after mailing of the
decision to the Grantee, the Grantee furnishes a written appeal of the decision to the Secretary for
Environmental Protection, with carbon copies furnished to the Cal/EPA Assistant Secretary for Local
Programs and the Cal/EPA. Grant Manager. The decision of the Secretary shall be final and conclusive
unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or
so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In
connection with any appeal under this clause, the Grantee shall be afforded an opportunity to be heard and to
offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Grantee shall
continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this
Agreement. This clause does not preclude consideration of legal questions, provided that nothing herein shall
be construed to make final the decision of the Cal/EPA Assistant Secretary for Local Programs or the
Secretary, on any question of law.
4. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a
minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a
level of expenditure adequate to establish that such funds have not been used in violation of state law or this
Agreement. The Grantee further agrees that it will maintain financial accounts in accordance with generally
accepted accounting principles. Without limitation of the requirement to maintain financial management
systems and accounting standards in accordance with generally accepted fiscal and accounting principles,
the Grantee agrees to:
a. Establish a financial account(s) and accounting system(s) that will adequately and accurately depict
all Electronic Reporting Grant amounts received and expended during the term of this Agreement,
including but not limited to:
i. All Electronic Reporting implementation expenditures; and
ii. Running balance of grant allocations and expenditures.
5. RECORDS MANAGEMENT: Maintain all documentation and financial records, as may be necessary, for the
state to fulfill federal reporting requirements, including any and all reporting requirements under federal tax
statutes or regulations. Establish an official file for the allocation that shall adequately document all significant
activities and actions relative to the Implementation of the Electronic Reporting Implementation, including but
not limited to:
a. Fiscal accounting;
b. Electronic Reporting Implementation Status Reports; and,
c. Grant Disbursement Requests and supporting documentation.
6. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with Electronic Reporting
implementation in an expeditious manner. The Grantee shall prepare and submit all required reports and
Grant Disbursement Request Forms as stipulated in this Agreement.
Vernon City Environmental Health
Electronic Reporting Grant Agreement No. G10-UPA113
Amendment 2
Page 5 of 6
7. WITHHOLDING OF GRANT DISBURSEMENTS: Cal/EPA may withhold all or any portion of the allocations
provided for by this Agreement in the event the Grantee:
a. Materially violates, or threatens to materially violate, any term, provision, condition, or commitment of
this Agreement; or
b. Fails to maintain reasonable progress toward Electronic Reporting implementation.
8. FUNDS CONTINGENCY: Cal/EPA's obligations under this Grant Agreement are contingent upon the
availability of funds. In the event funds are not available, the State shall have no liability to pay any funds
whatsoever to the Grantee or to furnish any other considerations under this Grant Agreement.
9. BUDGET REVISIONS: Budget revisions of 15% or less of the total agreement allocation may be made in
writing and approved by Cal/EPA without an amendment to the agreement.
B. GENERAL PROVISIONS
1. ASSIGNMENT: This grant is not assignable by the Grantee, either in whole or in part, without the consent of
the State.
2. AUDIT: Grantee agrees that the Cal/EPA, the Bureau of State Audits, or their designated representative shall
have the right to review and to copy any records and supporting documentation pertaining to the expenditure
of allocated moneys and performance of this Agreement. The Grantee agrees to maintain such records for a
possible audit for a minimum of three (3) years after term of the Agreement, unless a longer period of records
retention is stipulated. Grantee agrees to allow the auditor(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 related to performance of this Agreement.
3. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to
ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or
maintenance of computer software in violation of copyright laws.
4. CONFLICT OF INTEREST: The Grantee certifies that it is in compliance with applicable state and/or federal
conflict of interest laws.
5. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the
State of California.
6. INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this
Agreement, shall act in an independent capacity and not as officers, employees or agents of the State.
7. NONDISCRIMINATION: During the performance of this Agreement, the Grantee and its contractors shall not
unlawfully discriminate against, harass, or allow harassment against any employee or applicant for
employment because of sex, race, religion, color, national origin, ancestry, disability, sexual orientation,
medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or
pregnancy -disability leave. The Grantee and its contractors shall ensure that the evaluation and treatment of
their employees and applicants for employment are free of such discrimination and harassment.
8. NO THIRD PARTY RIGHTS: The parties to this grant Agreement do not create rights in, or grant remedies to,
any third party as a beneficiary of this grant Agreement, or of any duty, covenant, obligation or undertaking
established herein.
9. TERMINATION: The State may terminate this Agreement and be relieved of any payments should the
Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In
the event of such termination, the Grantee agrees, upon demand, to immediately return the remaining unused
portion, if any, of the Grantee's allocation.
Vernon City Environmental Health
Electronic Reporting Grant Agreement No. G10-UPA113
Amendment
Page 6 of 6
10. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held
to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have
full force and effect and shall not be affected thereby.