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Resolution No. 2010-052RESOLUTION NO. 2010-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN APPLICATION FOR AN ENFORCEMENT ASSISTANCE GRANT FROM THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) WHEREAS, pursuant to Public Resources Code Section 43230, the California Department of Resources Recycling and Recovery ("CalRecycle") makes grants to local enforcement agencies to support solid waste facilities permit and inspection programs ("Enforcement Assistance Grants"); and WHEREAS, CalRecycle has notified the City of Vernon Health & Environmental Control Department that grant funds will be available for the Fiscal Year 2010/2011 Grant Cycle, extending from July 1, 2010 to June 30, 2011; and WHEREAS, in order to receive the Enforcement Assistance Grant, the City must.submit a Grant Application before May 17, 2010; and WHEREAS, the Director of Health & Environmental Control has recommended the execution of the Application to CalRecycle for funds in the amount of Fifteen Thousand Five Hundred Twenty -One Dollars and No Cents ($15,521.00), to cover the cost of safety equipment, monitoring tools, communications air time, salaries, accessories for Nextel telephones, computer hardware, computer software, office supplies, vehicle maintenance, and training and conference expenses. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Local Enforcement Agency Grant Application in the amount of Fifteen Thousand Five Hundred Twenty -One Dollars and No Cents ($15,521.00), a copy of which is attached hereto as Exhibit A. r SECTION 3: The City Council of the City of Vernon hereby authorizes and empowers the City Administrator, or his designee, to execute the Application on behalf of the City of Vernon. SECTION 4 The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to execute any and all documents necessary for the purpose 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, including without limitation, a grant agreement with terms and conditions substantially in conformity with the Local Enforcement Agency Grant Program Terms and Conditions, a copy of which is attached hereto as Exhibit B. SECTION 5: The City Council of the City of Vernon hereby directs the City Administrator, or his designee, to submit to CalRecycle the Local Enforcement Agency Grant Application and a certified copy of this resolution to: Department of Resources Recycling and Recovery (CalRecycle) Grant L Loan Resources Branch, MS 9 LEA Grant Program, Attn. Donnell Duclo P.O. Box 4025 Sacramento, CA 95812-4025 2 SECTION 6: 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 26th day of April, 2010. ATTES?I: • u.i��Clerk Name: Hilario Gonzales Title: Mayor nro Tom _3_ 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. 2010-52, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, April 26, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this �% day of April, 2010, at Vernon, California. Willard G am g h', City Clerk (SEAL) 4 EXHIBIT A calftydez March 2010 Department Of Resources Recycling and Recovery (CalRecycle) LOCAL ENFORCEMENT AGENCY GRANT PROGRAM APPLICATION Fiscal Year (FY) 2010/2011 21 st Cycle (EA 21) Mailed Applications must be postmarked no later than May 17, 2010 Hand delivered Applications must be received and date stamped by Department staff no later than 3:00 p.m. on May 17, 2010 Late Applications will be disqualified. Applications e-mailed or faxed will not be accepted. U.S. Postal Service: Department of Resources Recycling and Recovery (CalRecycle) Grant and Loan Resources Branch, MS 9 LEA Grant Program, AT"IN: Donnell Duclo P.O. Box 4025 Sacramento, CA 95812-4025 Commercial Carrier or Hand -Delivered: California Environmental Protection Agency Building Department of Resources Recycling and Recovery (CalRecycle) Grant and Loan Resources Branch, MS 9 LEA Grant Program, ATTN: Donnell Duclo 16011 Street Sacramento, CA 95814 Please follow instructions in the Local Enforcement Agency (LEA) 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 Department of Resources Recycling and Recovery (CalRecycle) 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. 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. STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle) GRANT APPLICATION FORM CalRecycle 243-LEA (Rev. 4/10) LOCAL ENFORCEMENT AGENCY GRANT PROGRAM - EA21 (FY 201012011) Complete and submit all sections. APPLICANT / ORGANIZATION INFORMATION APPLICANT / ORGANIZATION NAME (MUST MATCH RESOLUTION) PROJECTED GRANT AMOUNT: CITY OF VERNON �Iff PARTICIPATING JURISDICTIONS (FOR REGIONAL PROGRAMS ONLY) JW 1 1 '� 15521 (LING ADDRESS: I� PROJECT ADDRESS: 1 4305 S. Santa Fe Ave. I _ Vernon, CA COUNTY: ZIP CODE: COUNTY: ZIP CODE: �_ s Ange Loles 90058 PRIMARY CONTACT NAME: ( SIGNATURE AUTHORITY NAME: (AS AUTHORIZED IN RESOLUTION) AUTHORIZED DESIGNEE NAME: i (IF APPLICABLE, AS AUTHORIZED IN LETTER OF 1 DESIGNATION - LOD) Leonard Grossberg J _Lewis J. Poaebon TITLE: TITLE: TITLE: Chief Duty Director �� Director TELEPHONE NUMBER: TELEPHONE NUMBER: TELEPHONE NUMBER: i 323/ 583-8811 z 231 323/583-8811 z 229 FAX NUMBEh: FAX NUMBER: FAX NUMBER. _323/ 588-4320 _ _ EMAIL ADDRESS: _ 323/ 588-_4320 __ _ EMAIL ADDRESS: _ �'' _ _ __ _� EMAIL ADDRESS: 1 j 1 rossbe ci.vernon.ca._us 1poaebon, ci vernon.ca.ns INDICATE WHICH TYPE OF ENTITY YOU ARE (CHECK ONLY ONE): ', ®CITY ❑ COUNTY � LEGISLATIVE DISTRICT NUMBERS (TO FIND YOUR DISTRICT, USE MAILING ADDRESS ABOVE AND GO TO jjj www.CaIRecycle.ca.gov/Profiles/Juris/) FEDERAL TAX IDENTIFICATION NUMBER: ASSEMBLY: SENATE: 46 30 & 22 95-6000808 STATEMENT OF USE Provide a brief description of how the funds will be Used. (34 sentences): (S" Application Guidelines .& Jnsi actions for a Statement of Use example) The goal of our Solid Waste Program is to maintain a strong public health & safety program and to protect the environment with regard to solid waste facilities within our jurisdiction. The City of Vernon's Health Department intends to use the FY2010-2011 LEA Grant-21 funds to purchase safety equipment, monitoring tools, telecommunications air -time and accessories for mobile telephones, computer har' dware and softeare, office supplies, provide for vehicle maintenance and upkeep, and allow us to attend training and conferences to help fulfill our LEA responsibilities. STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle) GRANT APPLICATION FORM CalRecycle 243-LEA (Rev. 4/10) We acknowledge that our approved Resolution must be received by CalRecycle no later ® i than June 15, 2010. We further acknowledge that if our Resolution is received after this j date, our application will be disqualified. Must check _For Regional Applicants Only - (if applicable) j We acknowledge that an approved Resolution or LOA for each participating jurisdiction must be received by the CalRecycle no later than June 15, 2010. We further acknowledge that if our Resolution or LOA for a particular. jurisdiction is not received or is submitted after this date, that jurisdiction will not be eligible to participate in the LEA Grant Program j! for this cycle. 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 http://www.calrecycle. ca. gov/LEA/GrantsLoans/LEA/#CycleSpecific. APPLICATION CERTIFICATION Certification: I declare, under penally 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 CalRecycle's 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 Date Lewis J. Pozaebon - - - --- ---- -- Director - -------_-.__ Print Name Print Title STATE OFCALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle) GRANT APPLICATION FORM CalRecyde 243-LEA (Rev. 4/10) APPLICATION CHECKLIST This application checklist is provided for your convenience and is not intended to be all inclusive. You are responsible for completing and submitting all required documentation. All applicable information and documents are provided and boxes checked. ❑ j Application Certification is signed by the: 1) Signature Authority as authorized in Resolution or Authorized Designee j Authorized Designee may sign only if the Letter of Designation has been submitted to CalRecycle. ❑ !BOX is checked. Approved Resolution is included with Application; box is checked, or ❑ i Approved Resolution is not included with Application but will be submitted to CalRecycle for receipt by j June 15, 2010; box is checked. ❑ i If applicable, Letter of Designation (LOD) is included with Application. An LOD is not required to be submitted with the Application; however, it must be submitted prior to Designee's exercise of his/her authority. ElFor Regional Applicants Only: Letter of Authorization (LOA) is included with Application. Acceptance of Grant Provisions j nV11 Box is checked. AppTcation f=ormat 8t Sutimittal ! { _ '1 ❑ One application with original signature (blue ink preferred) postmarked by May 17, 2010. ❑ ; Paper: 8%2 X 11, printed double -sided, single spaced, on 100% post consumer fiber. IN Addressed to: U.S. Postal Service: Department of Resources Recovery and Recycling (CalRecycle) Grant and Loan Resources Branch, MS 9 LEA Grant Program, ATTN: Donnell Duclo P.O. Box 4025 Sacramento, CA 95812-4025 Commercial Carrier or Hand -Delivered: California Environmental Protection Agency Building . Department of Resources Recovery and Recycling (CalRecycle) Grant and Loan Resources Branch, MS 9 LEA Grant Program, ATTN: Donnell Duclo 10011 Street Sacramento, CA 95814 EXHIBIT B EXHIBIT A TERMS AND CONDITIONS LOCAL ENFORCEMENT AGENCY GRANT PROGRAM Fiscal Year 2010/11 (Cycle 21) 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 Department of Resources Recycling and Recovery (CalRecycle) 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: "CalRecycle" means the Department of Resources Recycling and Recovery. "Director" means the Director of CalRecycle or his or her designee. "Grant Agreement" and "Agreement" means all documents comprising the agreement between CalRecycle and the Grantee for this Grant. "Grant Manager" means CalRecycle staff person responsible for monitoring the grant. "Grantee" means the recipient of funds pursuant to this Agreement. "Program" means the Local Enforcement Agency Grant Program. "State" means the State of California, including, but not limited to, CalRecycle and/or its designated officer. 1. The Grantee shall acknowledge CalRecycle'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 CalRecycle's support must incorporate CalRecycle Initials or abbreviations for CalRecycle 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 CalRecycle's Communication Strategy and Outreach Plan. If, subsequent to this Agreement, CalRecycle 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 Department of Resources Recycling and Recovery (CalRecycle). All rights reserved. This publication, or parts thereof, may not be reproduced without permission from CalRecycle." 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 discharge Revised 12/23/09 — 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. 5. AMERICANS WITH The Grantee assures the State that it complies with the Americans with DISABILITIES ACT Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101 et seq.) 6. ASSIGNMENT, a. This Agreement may not be assigned by the Grantee, either in whole or in SUCCESSORS AND part, without CalRecycle's prior written consent. ASSIGNS b. The provisions of this Agreement shall be binding upon and inure to the benefit of CalRecycle, the Grantee, and their respective successors and assigns. 7. AUDIT/RECORDS The Grantee agrees that CalRecycle, the Department of Finance, the Bureau of ACCESS State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement. [You may find it helpful to share the Terms and Conditions and Procedures and Requirements with your finance department, contractors and subcontractors. Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks.7 8. AUTHORIZED The Grantee shall continuously maintain a representative vested with signature REPRESENTATIVE authority authorized to work with CalRecycle 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. Revised 12/23/09 — Entitlement T's & C's 9. AVAILABILITY OF The CalRecycle's obligations under this Agreement are contingent upon and , FUNDS subject to the availability of funds appropriated for this grant. 10. 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 Employment Development Department. 11. COMMUNICATIONS All communications from the Grantee to CalRecycle 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. 12. COMPLIANCE The Grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The Grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The Grantee shall maintain compliance with such requirements throughout the grant period. The Grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. Any deviation from the requirements of this section shall result in non-payment of grant funds. 13. 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, CalRecycle 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 : Revised 12/23/09 — Entitlement T's & C's 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). 14. 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 CalRecycle. 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 CalRecycle 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 CalRecycle 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 CalRecycle's obligation to make payments to the Grantee. As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor. 15. COPYRIGHTS AND a. To the extent the Grantee shall have the legal right to do so, Grantee TRADEMARKS shall assign to CalRecycle 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, CalRecycle 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 CalRecycle. 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 CalRecycle 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 CalRecycle and would serve the public interest, upon written request by the Grantee, CalRec cy le maygive, at the Director's sole discretion, Revised 12/23/09 — Entitlement T's & C's 4 written consent to the Grantee to retain all or any part of the ownership of these rights. b. The CalRecycle 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 CalRecycle's intellectual property rights therein: "(D {year of creation) by the Department of Resources Recycling and Recovery (CalRecycle). Used pursuant to license granted by CalRecycle. All rights reserved. This publication, or parts thereof, may not be reproduced without permission." 16. 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. 17. DISCLAIMER OF The CalRecycle makes no warranties, express or implied, including without WARRANTY limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, equipment, services or products are purchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CalRecycle 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 CalRecycle 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. 18. DISCRETIONARY The Director shall have the right to terminate this Agreement at his or her sole TERMINATION 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 CalRecycle for any unspent funds. 19. DISPUTES Unless otherwise instructed by the Grant Manager, the Grantee shall continue with its responsibilities under this Agreement during any dispute. 20. 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.) Revised 12/23/09 — Entitlement T's & C's and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. b. Establish a drug -free awareness program to inform employees about all of the following: (1) the dangers of drug abuse in the workplace, (2) the Grantee's policy of maintaining a drug -free workplace, (3) any available counseling, rehabilitation, and employee assistance programs, and (4) penalties that may be imposed upon employees for drug abuse violations. c. Require that each employee who works on the grant: (1) receive a copy of the drug -free policy statement of the Grantee, and (2) agrees to abide by the terms of such statement as a condition of employment on the grant. 21. EFFECTIVENESS OF This Agreement is of no force or effect until signed by both parties. AGREEMENT 22. 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. 23. 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. 24. FAILURE TO The CalRecycle 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 CalRecycle, including, but not limited to, the ten percent (10%) withhold. 25. FORCE MAJEURE Neither CalRecycle 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 Revised 12/23/09 — Entitlement T's & C's caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by CalRecycle or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party. 26. 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 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 CalRecycle any funds improperly expended. 27. GENERALLY The Grantee is required to use Generally Accepted Accounting Principles in ACCEPTED documenting all grant expenditures. ACCOUNTING PRINCIPLES 28. 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). 29. 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 CalRecycle, the Grantee is responsible for repayment of the funds to CalRecycle. 30. GRANTEE'S The Grantee agrees to indemnify, defend and save harmless the State and INDEMNIFICATION AND CalRecycle, 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. 31. 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, CalRecycle will process the amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment. 32. 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 CalRecycle: INDEPENDENT CAPACITY Revised 12/23/09 — Entitlement T's & C's 33. NO WIAIVER OF The CalRecycle shall not be deemed to have waived any rights under this RIGHTS Agreement unless such waiver is given in writing and signed by CalRecycle. No delay or omission on the part of CalRecycle in exercising any rights shall operate as a waiver of such right or any other right. A waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a waiver of CalRecycle's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by CalRecycle, nor any course of dealing between CalRecycle and Grantee, shall constitute a waiver of any of CalRecycle's rights or of any of Grantee's obligations as to any future transactions. Whenever the consent of CalRecycle is required under this Agreement, the granting of such consent by CalRecycle 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 CalRecycle. 34. 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. 35. 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 CalRecycle 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. 36.. PAYMENT a. Upon execution of this Agreement by both parties, CalRecycle may advance grant funds to Grantee provided that Grantee, in the discretion of CalRecycle Grant Manager, qualifies for such advance payment and has satisfactorily complied with the applicable requirements contained in this Grant Agreement Package. The CalRecycle 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). e. 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 of this Agreement. Interest funds must be accounted for in all grant reports. All unused interest funds must be returned to CalRecycle at the end of the grant term. d. Ten percent (10%) will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Revised 12/23/09 — Entitlement T's & C's e. Lodgings, Meals and Incidentals: Grantee's Per Diem eligible costs are limited to the amounts authorized in the California State Administrative Manual (contact your Grant Manager for more information). f. Payment will be made only to the Grantee. g. Reimbursable expenses shall not be incurred unless and until the Grantee receives a Notice to Proceed as described in Exhibit B. 37. 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 theProcedures and Requirements (Exhibit B)_ 38. 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 CalRecycle approved their acquisition for so long as such property is needed FUNDS for such purposes, regardless of whether the Grantee continues to receive grant funds from CalRecycle 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 CalRecycle 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 CalRecycle 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 CalRecycle 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 CalRecycle 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 CalRecycle. d. The CalRecycle will not reimburse the Grantee for the acquisition of equipment that was previously purchased with CalRecycle 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. 39. 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 CalRecycle on the Recycled Content Certification Form (CalRecycle 74G) available at www.ciwmb.ca,gov/Grants/Forms/CalRecycle074.pdf, Revised 12/23/09 — Entitlement T's & C's 40. 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. 41. 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, og v/BuyRecycled/StateAgency/. 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.. 42. 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. 43. 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. 44. 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. 45. 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 CalRecycle in measuring compliance with grant administrative requirements. 46. SEVERABILITY 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. 47. 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 _ Revised 12/23/09 — Entitlement T's & C's 10 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. 48. 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. 49. TERMINATION FOR The CalRecycle 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, CalRecycle may proceed with the work in any manner deemed proper by CalRecycle. All costs to CalRecycle 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 CalRecycle's ten percent (10%) retention policy. 50. TIME IS OF THE Time is of the essence of this Agreement. ESSENCE 51. 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 CalRecycle 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 app is by the Grantee to the, Director._ 52. UNION ORGANIZING By signing this Agreement, the Grantee hereby acknowledges the applicability of Government Code §§ 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that: a. No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. 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. 52. UNRELIABLE LIST Prior to authorizing a contractor(s) to commence work under this Grant, the Grantee shall submit to CalRecycle 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 CalRecycle Unreliable List after award of this Grant, the Grantee may be required to terminate that contract. 53. 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 Revised 12/23/09 — Entitlement T's & C's 11 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. $4. 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. 55. WORK PRODUCTS The Grantee must provide CalRecycle 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. 56. 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 12/23/09 — Entitlement T's & C's 12 CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) I, Willard Yamaguchi, City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: RESOLUTION NO. 2010-52 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Application for an Enforcement Assistance Grant from the California Department of Resources Recycling and Recovery (CalRecycle) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of Vernon, County of Los Angeles, State of California, on this --*�7— day of April 2010. SEAL: Tnli lard G . m gu h ' City Clerk CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: April 27, 2010 TO: Lewis Pozzebon, Director of Environmental Health FROM: Willard Yamaguchi, City Clerk I t RE: Resolution No. 2010-52 - A Resolution of the City Council of the City of Vernon Approving and Authorizing the Execution of an Application for an Enforcement Assistance Grant from the California Department of Resources Recycling and Recovery (CalRecycle) Transmitted herewith is a certified copy of Resolution No. 2010-52 referenced above, which was approved by City Council on April 26, 2010. Thank you. WY: dj c: Resolution No. 2010-52 RECEIVED 2'„,L�;�.�,�a�i ALP✓t('� STAFF REPORT APR 1 5 2010 CITY CLERK'S OFFICE HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT DATE: April 26, 2010 TO: Honorable Mayor and City Council ` � \\\0 FROM: Lewis Pozzebon, Director / Health Officer CC: Leonard Grossberg, Chief Deputy Director RE: Request for Approval to Apply for a Local Enforcement Grant LEA-21 Funds / FY 2010/2011 Our department is requesting authorization to apply for an Enforcement Agency Grant from the Department of Resources Recycling and Recovery (CalRecycle). With the grant monies we hope to procure equipment and supplies, obtain the necessary training to help us meet our state -mandated responsibilities as a Solid Waste Local Enforcement Agency (LEA), and use remaining funds to partially off -set salary costs. CalRecycle annually issues enforcement assistance grants to LEAs. Funds are available to improve the capability of local agencies to inspect closed and active solid waste facilities. Our department has successfully applied for and received grant monies from the CalRecycle for the last several years. With one permitted solid waste facility and ten closed sites within our jurisdiction, our department as the LEA, is eligible for approximately $15,521.00 in Enforcement Agency Grant funds from CalRecycle to procure necessary equipment, supplies, and training. Attachments Xc: Laurence S. Wiener, City Attorney 9cLG:SOLIID WASrE/EAG 2011/ City Council Request merna.doc APR 14 2010 BY: - a_ z STAFF REPORT HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT DATE: April 13, 2010 TO: Donal O'Callaghan, City Administrator s� FROM: 'W1 ewis Pozzebon, Director CC': Leonard Grossberg, Chief Deputy Director RE: Request for Approval to Apply for a Local Enforcement Grant / LEA-21 Funds FY 2010/2011 BACKGROUND: Our department is requesting authorization to apply for an Enforcement Agency Grant from the Department of Resources Recycling and Recovery (CalRecycle). With the grant monies we hope to procure equipment and supplies, obtain the necessary training to help us meet our state -mandated responsibilities as a Solid Waste Local Enforcement Agency (LEA), and use remaining funds to partially off -set salary costs. CalRecycle annually issues enforcement assistance grants to LEAS. Funds are available to improve the capability of local agencies to inspect closed and active solid waste facilities. Our department has successfully applied for and received grant monies from the CalRecycle for the last several years. With one permitted solid waste facility and ten closed sites within our jurisdiction, our department as the LEA, is eligible for approximately $15,521.00 in Enforcement Agency Grant funds from CalRecycle to procure necessary equipment, supplies, and training. In order to receive the Enforcement Agency Grant, we must submit the following documents (see attached) to CalRecycle by May 17, 2010: + Grant Application and Cover Letter to CalRecycle • A Certified City of Vernon Resolution Authorizing Grant Application Submittal Considering past approval of such requests, we are forwarding copies of the attachments to the City Attorney for preparation of a suitable resolution. A draft resolution is enclosed as an attachment. I g i. V z ,v APR 14 2010 Following City Council approval, I will sign the Grant Application for submission to CalRecycle. 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 solid waste programs. RECOMMENDATION: We recommend that a resolution be drafted by the City Attorney and attached to the staff report addressed to the Mayor and City Council Members for final approval. In order to meet the submittal deadlines, we request that the resolution be submitted with the application package to the City Clerk for scheduling to the Monday April 26, 2010 City Council meeting. Attachments Xc: Laurence S. Wiener, City Attorney Linda Smith 9&G.SOLID WASTE/EAG 2011/EA 21-Request authority to apply memo.doe May xx, 2010 CERTIFIED MAIL Department of Resources Recycling and Recovery CalRecycle Grants & Loan Resources Branch MS 9 LEA Grant Program, Attn: Donnell Duclo P.O. Box 4025 Sacramento, California 95812-4025 Subject: Application for Local Enforcement Agency Grant EA-21 Dear Ms. Duclo: As indicated in our Solid Waste Enforcement Program Plan (EPP) for the City of Vernon Health Department, we have identified one permitted solid waste facility and ten (10) closed and/or inactive landfill sites within our jurisdiction as the Local Enforcement Agency (LEA). As you are aware, the LEA is required to investigate and inspect these sites pursuant to Title 14, California Code of Regulations (14CCR), Sections 18083 and 18303. Part of our responsibility at these sites is to assess the potential for the off -site migration of landfill gas, monitor and assess health and safety concerns, and to document state minimum standards violations that may pose a potential threat to public health, safety and the environment. In order to fulfill our state -mandated LEA responsibilities, we are therefor requesting consideration for Enforcement Assistance Grant (EAG) EA-21 from the Department of Resources Recycling and Recovery (CalRecycle) to procure equipment and secure training needs. EA-21 Grant will be used to purchase safety equipment, monitoring tools, communication air time, computer hardware and software, and office supplies. It will also allow us to attend training and conferences to help us fulfill our LEA responsibilities. Enclosed please find the following items required for grant submittal: ♦ The original LEA Grant Application ♦ Resolution No. #### authorizing the submittal of the application for the Enforcement Assistance Grant (EAG) EA-21 If you have any questions regarding this grant application, please contact Leonard Grossberg at (323) 583- 8811, ext. 231. Sincerely, Lewis J. Pozzebon, R.E.H.S. Director/Health Officer Attachments Xc: Kristen Enotnoto, City Clerk 9cLG:SOLID WA9TE/EAG 20J 1/grant application EA21w/resolution.doc 1 2 3 4 5 6' 7 8 9 10 11 12 13 14 15 .16 17 18 19 2.0 21 .22 23 24 25 26 27 28 RESOLUTION NO.. A RESOLUTION OF THE CITY COUNCIL OF -THE CITY OF VERNON.APPROVING AND AUTHORIZING THE ,EXECUTION OF AN APPLICAT.TON.FOR AN ENFORCEMENT ASSISTANCE GRANT FROM THE v 41-' P%e�60,Z e-t,- S, % c5r rs A+jiO e2e cd WHEREAS, funds have been established by Public Resources D e-PA-0 Code Section 43230, and are available from the Tni-onr,+. (') for grants to local enforcement . CA I' agencies to support solid waste facilities permit and inspection programs and WHEREAS, the C-ity of Vernon Health & Environmental Control Department has been notified by Jhe Wasbe ^ that there. will be grant funds available for an EA Grant Cycle from July 1, 9 to r June 30, s �+6r;. and WHEREAS,.. the City of Vernon Health_& Environmental Control. �epartment has been appointed as the solid waste local .enforcement agency for the City of Verno and is eligible, for the Enforcement. cyc� kssistance Grant. from '- e "�. t ^emu u of approximately Fifteen 'housa.nd Five Hundred Dollars .and No Cents.($15.,�?.00); and WHEREAS, in order to receive the Enforcement .Assistance ,rant, .:ohm requires the Grant Application to be submitted y rl l0 >rior to May $�, and WHEREAS, the Director of Health & Envixonm tal Control. has. /Z��e-� -ecommended the execution of the Application to for unds.,in the amount of Fifteen Thousand Five Hundred Dollars nd No Cents ($15, 00), for safety equipment, monitoring 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 SA-fAa-i 6:S, tools, communication air time accessories for Nextel telephones, computer hardware; computer software, office supplies, vehicle- maintenance. and upkeep and.training and conference expenses. NOW; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CiTY OF VERNON AS FOLLOWS: SECTION 1: The City .Council of the City of Vernon hereby ,finds and determines that the.recitals contained hereinabove are true. ;and correct.. SECTION 2: The City Council of the.,City of Vernon hereby. approves the Local Enforcement Agency Grant Appl.ication.in the amount. of Fif gen Thousand Five Hundred =Twe4zxFt Dollars and No Cents I ($15,.00), a copy of which is attached hereto as Exhibit A and' incorporated by reference SECTION 3: The City Council of the City of Vernon hereby authorizes and empowers the Director of.Health,& Environmental Control to execute the Application on behalf of the City of Vernon and.hereby. authorizes the Director of Health & Environmental Control to execute any and all documents necessary for the purpose 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 Director. of Healtla & Environmental Control, -or his designee, to submit to the Local Enforcement. Agency Grant. -Application and a certified copy of his resolution. to: aq Integrated Grant & Loan Resources Branch_ P.O. .Boox4025 . Sacramento, CA 95812-4025 Attn: 4ay Na"-yar;- MS #9 Q /� �Al � - 2 - 1 SECTION 5: The City Clerk of the City of Vernon shall 2 certify to the passage .of this resolution, and thereupon and 3 thereafter the same shall be in full force and effect. 4 APPROVED AND ADOPTED this da ofky 5)-00!7� &AIV, Zo10 6 8 Name: NiIario Gonzales 9 Title: Mayor/ Mayor Pro-Tem 10 ATTEST 12 �. 13 City Clerk 14 ili.CSte-o 0 15 .. .. 16 17 18 19 20 21 . 22 23 24 25 26 27 28 ii 3 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 2' 6 27 28 STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES ). City Clerk of. the City of Vernon, do.hereby certify that -the foregoing Resolution, being Resolution No. > .was July adopted by the City Council of the City of Vernon at a . -regular k A /u/fa'6 ncdl® neeting of the City Council duly held on Monday, - -, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. ,. , - City Clerk (SEAL) 4 CalRecycle March 2010 Department Of Resources Recycling and Recovery (CalRecycle) LOCAL ENFORCEMENT AGENCY GRANT PROGRAM APPLICATION Fiscal Year (FY) 2010/2011 21 st Cycle (EA 21) Mailed Applications must be postmarked no later than May 17, 2010 Hand delivered Applications must be received and date stamped by Department staff no later than 3:00 p.m. on May 17, 2010 Late Applications will be disqualified. Applications e-mailed or faxed will not be accepted. U.S. Postal Service: Department of Resources Recycling and Recovery (CalRecycle) Grant and Loan Resources Branch, MS 9 LEA Grant Program, ATTN: Donnell Duclo P.O. Box 4025 Sacramento, CA 95812-4025 Commercial Carrier or Hand -Delivered: California Environmental Protection Agency Building Department of Resources Recycling and Recovery (CalRecycle) Grant and Loan Resources Branch, MS 9 LEA Grant Program, ATTN: Donnell Duclo 10011 Street Sacramento, CA 95814 Please follow instructions in the Local Enforcement Agency (LEA) 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 Department of Resources Recycling and Recovery (CalRecycle) 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. 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. STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle) GRANT APPLICATION FORM CalRecycle 243-LEA (Rev. 4/10) LOCAL ENFORCEMENT AGENCY GRANT PROGRAM — EA21 (FY 201012011) Complete and submit all sections. APPLICANT / ORGANIZATION INFORMATION -------- -.._.•_ F APPLICANT / ORGANIZATION NAME (MUST MATCH RESOLUTION) PROJECTED GRANT AMOUNT: - -- CITY OF VERNON PARTICIPATING JURISDICTIONS (FOR REGIONAL PROGRAMS ONLY): MAILING ADDRESS: l-1rPROJECTADDRESS: 4305 S. Santa Fe Ave. CITY: ---�- - � CITY: Vernon, CA COUNTY: ZIP CODE: e_ COUNTY: ZIP CODE: _ I Ij Los An eles -` 90058 PRIMARY CONTACT NAME: SIGNATURE AUTHORITY NAME: — AUTHORIZED DESIGNEE NAME: (AS AUTHORIZED IN RESOLUTION) I (IF APPLICABLE, AS AUTHORIZED IN LETTER DESIGNATION -LOD) OF �! Leonard Grossberg _ TITLE:. i Lewis J. Pozzebon TITLE: TITLE: 11 Chief De Director _ _ I TELEPHONE NUMBER: Director TELEPHONE NUMBER: TELEPHONE NUMBER: 323/ 583-8811 x 231 323/583-8811 x 229 FAX NIfMBER: FAX NUMBEW FAX NUMBER. III 323/ 588-4320 323/ 588-4320 I� EMAIL ADDRESS: EMAIL ADDRESS: I EMAIL ADDRESS: II Igrossberg@ci.vernon.ca.us _ �oZZebon civernonca.us ��� INDICATE WHICH TYPE OF ENTITY YOU ARE (CHECK ONLY ONE) �_ ��� - --- clTr ❑ COUNTY — — ------ -- -- —_ -- _ -- _— -- ---------- LEGISLATIVE DISTRICT NUMBERS (TO FIND YOUR DISTRICT, USE MAILING ADDRESS ABOVE AND GO TO www.CaIRecycle.ca.aov/Profiles/Juris/) (FEDERAL TAX IDENTIFICATION NUMBER: i ASSEMBLY: SENATE: - 46------ = ---- 30 & 22 95-6000808 STATEMENT OF USE. Provide a brief description of how the -funds Will be used. (3,5 sentences): " (See Application Guidelines a Jnstnlctions for a Statement of Use example) ; The goal of our Solid Waste Program is to maintain a strong public health & safety program and to protect the environment with regard to solid waste facilities within our jurisdiction. The City of Vernon's Health Department intends to use the FY2010-2011 LEA Grant-21 funds to purchase safety equipment, monitoring tools, telecommunications air -time and accessories for mobile telephones, computer hardware and softeare, office supplies, provide for vehicle maintenance and upkeep, and allow us to attend training and conferences to help fulfill our LEA responsibilities. STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecyde) GRANT APPLICATION FORM CalRecycle 243-LEA (Rev. 4/10) -- ENVI 014MENTAL JUSTICE CERTIFICATION that substantially affect human health or the envirpnMont in a manner that ensures the fair treatment of people of all ritees e�xltu es, a>fid ineo»ie levels, inetuding r�tth6titypo ul lions and low4heo _ e "alations bf the Sttite. (Govt. Code §65040.12(e)) Must check -For Regional Applicants Only - (if applicable) We acknowledge. that an approved Resolution or LOA for each participating jurisdiction must be received by the CalRecycle no later than June 15, 2010. We further acknowledge that if our Resolution or LOA for a particular_jurisdiction is not received or is submitted after this date, that jurisdiction will not be eligible to participate in the LEA Grant Program for this .cycle. 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 http://www.ealrec_ycle.ca.gov/LEA/GraiitsLoans/LEA/#C. ccleSpecific. Cer ication: I declare, under penally 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 CalRecycle's consideration for award of grant funds is true and accurate to the best of my knowledge. X Signature Authority -as authorized in Resolution orAuthorized Designee -as authorized in submitted Letter of Designation Date Lewis J. Pozzebon Director Print Name Print Title - -- - - -- -- STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecyde) GRANT APPLICATION FORM CalRecycle 2433-LEA (Rev. 4/10) APPLICATION CHECKLIST This application checklist is provided for your convenience and is not intended to be all inclusive. You are responsible for completing and submitting all required documentation. All applicable information and documents are provided and boxes checked. ❑ j Application Certification is signed by the: 1) Signature Authority as authorized in Resolution or Authorized Designee j Authorized Designee may sign only if the Letter of Designation has been submitted to CalRecycle. Box is checked. I Approved Resolution is included with Application; box is checked, or ❑ I Approved Resolution is not included with Application but will be submitted to CalRecycle for receipt by 1 June 15, 2010; box is checked. ❑ ff applicable,_ Letter of Designation (LOD) is included with Application. An LOD is not required to be submitted with the Application; however, it must be submitted prior to Designee's exercise of his/her authority. ElI For Regional Applicants Only: Letter of Authorization (LOA) is included with Application. Acceptance of Grant Provisions I I-1 I Box is checked. ------------------------- APplicat�on =Format & submittal l ❑ One application with original signature (blue ink preferred) postmarked by May 17, 2010. ❑ I Paper: 81h X 11, printed double -sided, single spaced; on 100% post consumer fiber. ❑ Addressed to: U.S. Postal Service: Department of Resources Recovery and Recycling (CalRecycle) Grant and Loan Resources Branch, MS 9 LEA Grant Program, ATTN: Donnell Duclo P.O. Box 4025 Sacramento, CA 95812-4025 Commercial Carrier or Hand -Delivered: California Environmental Protection Agency Building Department of Resources Recovery and Recycling (CalRecycle) j Grant and Loan Resources Branch, MS 9 LEA Grant Program, ATTN: Donnell Duclo 10011 Street Sacramento, CA 95814 HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT Lewis Pozzebon, Director/Health Officer 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Fax (323) 588-4320 May 04, 2010 CERTIFIED MAIL Department of Resources Recycling and Recovery CalRecycle Grants & Loan Resources Branch MS 9 LEA Grant Program, Attn: Donnell Duclo P.O. Box 4025 Sacramento, California 95812-4025 Subject: Application for Local Enforcement Agency Grant EA-21 Dear Ms. Duclo: As indicated in our Solid Waste Enforcement Program Plan (EPP) for the City of Vernon Health Department, we have identified one permitted solid waste facility and ten (10) closed and/or inactive landfill sites within our jurisdiction as the Local Enforcement Agency (LEA). As you are aware, the LEA is required to investigate and inspect these sites pursuant to Title 14, California Code of Regulations (14CCR), Sections 18083 and 18303. Part of our responsibility at these sites is to assess the potential for the off -site migration of landfill gas, monitor and assess health and safety concerns, and to document state minimum standards violations that may pose a potential threat to public health, safety and the environment. In order to fulfill our state -mandated LEA responsibilities, we are therefor requesting consideration for Enforcement Assistance Grant (EAG) EA-21 from the Department of Resources Recycling and Recovery (CalRecycle) to procure equipment and secure training needs. EA-21 Grant will be used to purchase safety equipment, monitoring tools, communication airtime, computer hardware and software, and office supplies. It will also allow us to attend training and conferences to help us fulfill our LEA responsibilities. Enclosed please find the following items required for grant subrrittal: ♦ The original LEA Grant Application ♦ Resolution No. 2010-52 authorizing the submittal of the application for the Enforcement Assistance Grant (EAG) EA-21 K Excfusivefy Industrial" If you have any questions regarding this grant application, please contact Leonard Grossberg at (323) 583- 8811, ext. 231. Si I ely, Lewis J. ebon, RE.H.S. Director/Health Officer Attachments Xc; Kristen Enomoto, City Clerk 9cLG:SOLID WAS'PE/EAG 2011/grant application EA21w/resolution.doc CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: April 27,2010 TO: Lewis Pozzebon, Director of Environmental Health FROM: Willard Yamaguchi, City Clerk RE: Resolution No. 2010-52- -A Resolution -of the City Council of the City of Vernon Approving.and Authorizing the -Execution of an Application for an Enforcement Assistance Grant from the California Department of Resources Recycling and Recovery (CalRecycle) Transmitted herewith is -a certified copy of Resolution No. 2010-52 referenced above,- which was approved by City -Council on April 26, 2010. Thank you. WY: dj c: Resolution No. 2010-52 u CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) I, Willard Yamaguchi, City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: RESOLUTION NO. 2010-52 - A Resolution of the City Council of the _City of Vernon Approving and Authorizing the Execution of an Application for an Enforcement Assistance Grant from the California Department of Resources Recycling and Recovery (CalRecycle) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of Vernon, County of Los Angeles, State of California, on this -V*7— day of April 2010. SEAL: 43i-lard G. m gu City Clerk RESO.L'E TI©N N4. 2010-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN APPLICATION FOR AN ENFORCEMENT AS FROM THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) WHEREAS, pursuant to Public Resources Code Section 43230, the California Department of Resources Recycling and Recovery ("CalRecycle") makes grants to local enforcement agencies to support solid waste facilities permit and inspection programs ("Enforcement Assistance Grants"); and WHEREAS, CalRecycle has notified the City of Vernon Health & Environmental Control Department that grant funds will be available for the Fiscal Year 2010/2011 Grant Cycle, extending from July 1, 2010 to June 30, 2011; and WHEREAS, in order to receive the Enforcement Assistance. Grant, the.City must.submit a.Grant Application before May 17, 2010; and WHEREAS, the Director of.Health & Environmental Control has recommended the execution of the Application to CalRecycle for funds in the amount of Fifteen Thousand Five Hundred Twenty -One Dollars and No Cents ($15,521.00), to cover the cost of safety equipment, monitoring tools communications air time, salaries, accessories for Nextel telephones, computer hardware, computer software, office supplies, vehicle maintenance, and training and conference expenses. 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 -finals and determines .that the recitals contained-hereinabove are true and correct. SECTION 2: The City Council of the City -of Vernon hereby approves the Local Enforcement -Agency Grant Application in the amount of Fifteen Thousand Five Hundred Twenty -One Dollars and No Cents ($15,521.00), a copy of which is attached: hereto as Exhibit A. f SECTION 3: The City Council of the City of Vernon hereby authorizes and empowers the City Administrator, or his designee, to execute the Application on behalf of the City of Vernon. SECTION 4:- The City Council of the City of Vernon hereby authorizes the City Administrator, or his designee, to execute any and all documents necessary for the purpose 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, including without limitation, a grant agreement with terms and conditions substantially in conformity with the Local Enforcement Agency Grant Program Terms and Conditions, a copy of which is attached hereto as Exhibit B. SECTION 5: The City Council of the City of Vernon hereby directs the City Administrator,.or his designee, to submit to Cal.Recycle the Local Enforcement Agency Grant Application and a certified copy of this resolution to: Department of Resources Recycling and Recovery (CalRecycle) Grant & Loan Resources Branch, MS 9 LEA Grant Program, Attn. Donnell Duclo P.O. Box '•4025 Sacramento CA 9-5812-An2c;, 2 SECTION 6: 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 26th day of April, 2010. t Name, Hilario Gonzales Title: Mayor AT TES Willa d G. Y g C i, y Clerk _3_ 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. 201.0-52, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, April.26, 2010, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this Y% day of April, 2010, at Vernon, California. Willard G am , City Clerk (SEAL) 4 l EXHIBIT A 0 STATE OF CALIFORNIA, DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecyde) GRANT APPLICATION FORM CalRecyde 243-LEA (Rev. 4110) LOCAL ENFORCEMENT AGENCY GRANT PROGRAM — EA21 (FY 201012011) —A —.1 —;+ o11 ann4�—o - - APPLICANT/::ORGANIZATION INFORMATION __.._.. ..,,.... .... r_ 1 APPLICANT/ ORGANIZATION NAME (MUST MATCH RESOLUTION) _m,......_.. PROJECTED GRANT AMOUNT: Ii CITY OF VERNON li PARTICIPATING JURISDICTIONS (FOR REGIONAL PROGRAMS ONLY): i i !j 15521 ;I MAILING ADDRESS: IrPROJECT ADDRESS: iI u ! 4305 S. Santa Fe Ave. i CITY: II ii CITY: II Vernon, CA (I COUNTY: ZIP CODE: Los Angeles 90058 COUNTY: I ZIP CODE: jl PRIMARY CONTACT NAME: I SIGNATURE AUTHORITYrzED AUTHORIZED DESIGNEE NAME: Ii IF APPLICABLE, AS AUTHORIZED IN LETTER OF Ro�oNNAME: DESIGNATION - LOD) Leonard Grossbe ! Lewis J. Pozzebon I fi TITLE: 11 TITLE: i TITLE: Chief Deputy Director j Director 1 i TELEPHONE NUMBER: TELEPHONE NUMBER: i TELEPHONE NUMBER: 323/ 583-8811 x 231 323/583-8811 x 229 FAk NUMBER: Ir FAX NUMBER: I FAX NUMBER: i 1 323/ 588-4320 323/ 5884320 EMAIL EMAIL ADDRESS: EMAIL ADDRESS: ADDRESS: Ig!yssberg@ci.vernon.ca.us 1pozueban@cive><non:ca.ns ( — INDICATE WHICH TYPE OF ENTITY YOU ARE (CHECK ONLY ONE): ® CITY ❑ COUNTY LEGISLATIVE DISTRICT NUMBERS (TO FIND YOUR DISTRICT, 1 USE MAILING ADDRESS ABOVE AND Go To www.Ca1Recycle.ca.00v/Profiles/Jurist I FEDERAL TAX IDENTIFICATION NUMBER: I 1ASSEMBLY: SENATE: I 95-6M808 146 30 & 22 4, descnpf un of how the funds will t;* used, (3-S. sentences).. The goal of our Solid Waste Program is to maintain a strong public health & safety program and to protect the environment with regard to solid waste faciiiiiTes within our jur-6d uo-1K. The City of Vernon's Health Department intends to use the FY2010-2011 LEA Grant-21 funds to purchase safety equipment, monitoring tools, telecommunications air -time and accessories for mobile telephones, computer hardware and softeare, office supplies, provide for vehicle maintenance and upkeep, and allow us to attend training and conferences to help fulfill our LEA responsibilities. STATE OF CALWORNIA DEPARTMENT OF RESOURCES RECYCUNG AND RECOVERY (CalRecycle) GRANT APPLICATION FORM CalRecycle 243-LEA (Rev. 4/10) LEA Grantees must, in the performance ofthe Grant Agreement, conduct their programs, policies, rand activities that substantially .affect human health or the environment in a manner that ensures the fair treatment of people of d1iwes, daftwes, at d ineom,e fapels, rrec iftg minoritypopulattw and low-income pvpWWons of the State. (Govt. Code §65040.I2(e)) We acknowledge that our organization will comply with these principles of Environmental Justice. RESOLUTION REQUIREMENT I Subrnh an approved Resolution with your application or the following- acknowledgement. If applicable, subm -a current Letter of Designation .(LOD) for signature designee: See Application Guidelines & Instructions for Aesolution and L6P and Letter of Authorization f OA) information and examples. Must check one We acknowledge that an approved Resolution and, if applicable, LOD designating El additional signature authority is enclosed in the application. We acknowledge that our approved Resolution must be received by CalRecycle no later ® ; than June 15, 2010. We further acknowledge that if our Resolution is received after this date, our application will be disqualified - Must check 1 -For Regional Applicants Only - I (if applicable) We acknowledge. that an approved Resolution or LOA for each participating jurisdiction must be received by the CalRecycle no later than June 15, 2010. We further acknowledge 1 that if our Resolution or LOA for a particular jurisdiction is not received or is submitted after this date, that jurisdiction will not be eligible to participate in the LEA Grant Program for this cycle. 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 httn://,Aww.calrec cly e.ca.gov/LEA/GrantsLoans/LEA/#CycleSpecific. 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 CalRecycle's c 7:Zid ratio or and of grant funds is true and accurate to the best of my knowledge. X — ---- Sig Aathority - us thori ed esolution or Authorized Designee - as authorized in Date submitted Letter of De . on Lewis J. Pozzebon Print Nmne — -- -- —_ ---- Director Print Title STATE OF CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CaIRecyde) GRANT APPLICATION FORM CalRecycle 243-LEA (Rev. 4/10) Box is checked. Acceptance of Grant Provisions box is cnemed. Apph�at�on.Formatubinrttal One application with original signature (blue ink preferred) postmarked by May 17, 2010. Paper: 8% X 11, printed double -sided, single spaced, on 100%post consumer fiber. Addressed to: U.S. Postal Service: Department of Resources Recovery and Recycling (CaiRecycle) Grant and Loan Resources Branch, MS 9 LEA Grant Program, ATM: Donnell Duclo I P.O. Box 4025 Sacramento, CA 95812-4025 Commercial Carrier or Hand -Delivered: California Environmental Protection Agency Building . Department of Resources Recovery and Recycling (CalRecycle) Grant and Loan Resources Branch, MS 9 LEA Grant Program, ATTN: Donnell Duclo 10011 Street Sacramento, CA 95814