HomeMy WebLinkAboutAgreement A-19-593 with CalRecycle No. EA30-19-0018 (2).pdf Agreement No. 19-593
STATF OF CA10ORNIA-CALIFORNIA ENVIRONMENTAL PROTECTION AGFNCY DEPARTMENT Or RESOURCES RFCYCLIN(;AND RECOVFRY tCalRccycle)
GRANT AGREEMENT COVER SHEET
CelRecyclo 116(Revised 71161
GRANT NUMBER
EA30-19-0018 —
NAME or RANT PROGRAM
2019-20 Local Enforcement Agency Grants
GRANTEE NAME
Fresno County
tAXPAYER'S FEDERAL EMPLOYER IDENI IFItAflON NUMEA TOTAL GRANT NO7 10 EXCEED
$28,358.00
TERM OF GRAN T AORIEEEMINT
FROM: July 01, 2019 TO: October 29, 2020
The Department of Resources Recycling and Recovery(CalRecycle)and Fresno County(the"Grantee"),in mutual consideration of the
promises made herein,agree to comply with the provisions of this Agreement,which consists of this Grant Agreement Cover Sheet and the
following Exhibits,which are incorporated by this reference and made a part of this Agreement as if attached hereto:
Exhibit A—Terms and Conditions
Exhibit B—Procedures and Requirements
Exhibit C—Application with revisions, if any, and any amendments
This Agreement is of no force or effect until signed by both parties. Grantee shall not commence performance until it receives writton
approval from CalRecycle
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
GRANTEE'S NAME(PRI )
CALRECYCLE Fresno County
SIG ALRECY L 'S SJGNATO SIGNA OF NTEE
(AS AlJTRORlZEO IN RESOLUTION,LEt'tER Of COMMITME 1 ER Of DESIGNATION)
TI E DATE TITLE DATE
Deputy Director, CalReCyCle Nathan Magsig,Chairman of the Board of Supervisors
PAYMENT ADDRESS(INCLUDE ST"IPT,CITY STATE AND ZIP CODE)
Department of Public Health pp Box 11800
CA 93 -I 7 S
3775—t-tom- 93775
CERTIFICATION OF FUNDING
AMOUNY LNCUMQFRFO BY T4119 AGREEMENT FISCAL YEAR I PROGRAM FUND TITLE
$28.358.00 2019-20 Local Enforcement Agency Grar IWMA
PRIOR AMOUN T EN UMOSMEO FORT la AGREEMEN CHAPTER STATUTE YEAR Fizeal Yoar
23 2019 2019-20
ORG CODE REF R NCE FUND CODE ENACTMENT YEAR
3970 101 0387 2019
ceISTRS ajRf Erpnrl d I lure
T TALAMOUNTENCUV1fEkC TO OATS INDEX PCA OBACI,
$28.358,00 7820 G6001 702
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REPORTING STNUCTURE PROD P B-1SR) AMOUNT
39707820 3700000223 6432000
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SIGNATURE:OF CALRECYCLL EUDOET OFFICE DATE
ATTEST:
BERNICE E.SEIDEL
Clerk of the Board of Supervisors
County o Fresno,State of California
By
Deputy
EXHIBIT A
TERMS AND CONDITIONS
Local Enforcement Agency Grant Program
Fiscal Year 2019-20
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.
AIR OR WATER POLLUTION VIOLATION
The grantee shall not be:
(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) Out of compliance with any final cease and desist order issued pursuant to Water
Code Section 13301 for violation of waste discharge requirements or discharge
prohibitions.
(c) Finally determined to be in violation of provisions of federal law relating to air or
water pollution.
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. This
Agreement may be amended, modified or augmented by mutual consent of the parties,
subject to the requirements and restrictions of this paragraph.
AMERICANS WITH DISABILITIES ACT
The grantee assures the state that it complies with the Americans with Disabilities Act of
1990 (ADA) (42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to the
ADA.
ASSIGNMENT, SUCCESSORS, AND ASSIGNS
(a) This Agreement may not be assigned by the grantee, either in whole or in part,
without CalRecycle's prior written consent.
(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.
CalRecycle's Entitlement Grant Terms and Conditions—Revised 3/29/16 1
AUDIT/RECORDS ACCESS
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State
Audits, or their designated representative(s) shall have the right to review and to copy
any records and supporting documentation pertaining to the performance of this
Agreement. The grantee agrees to maintain such records for possible audit for a
minimum of three (3) years after final payment 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.
[It may be helpful to share the Terms and Conditions (Exhibit A) and Procedures and
Requirements (Exhibit B) 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.]
AUTHORIZED REPRESENTATIVE
The grantee shall continuously maintain a representative vested with signature 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.
AVAILABILITY OF FUNDS
CalRecycle's obligations under this Agreement are contingent upon and subject to the
availability of funds appropriated for this grant.
BANKRUPTCY/DECLARATION OF FISCAL EMERGENCY NOTIFICATION
If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code
(11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant
Term, the grantee shall notify CalRecycle within 15 days of such filing or declaration,
pursuant to the procedures set forth in the section entitled "Communications" herein.
CHARTER CITIES
If the grantee is a charter city, a joint powers authority that includes one or more charter
cities, or the regional lead for a regional program containing one or more charter cities,
the grantee shall not receive any grant funding if such funding is prohibited by Labor
Code section 1782. If it is determined that Labor Code section 1782 prohibits funding
for the grant project, this Agreement will be terminated and any disbursed grant funds
shall be returned to CalRecycle.
CHILD SUPPORT COMPLIANCE ACT
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and
shall fully comply with all applicable state and federal laws relating to child and
CalRecycle's Entitlement Grant Terms and Conditions—Revised 3/29/16 2
family support enforcement, including, but not limited to, disclosure of information
and compliance with earnings assignment orders, as provided in Family Code
Section 5200 et seq.
(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.
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 email, letter, or fax to the Grant Manager as
identified in the Procedures and Requirements (Exhibit B). If an original document is
required, prepaid mail or personal delivery to the Grant Manager is required following
the email or fax.
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 Term. 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. The grantee shall ensure that all of grantee's
contractors and subcontractors have all local, state, and/or federal permits, licenses,
registrations, certifications, and approvals required to perform the work for which they
are hired. Any deviation from the requirements of this section shall result in non-
payment of grant funds.
CONFLICT OF INTEREST
The grantee needs to be aware of the following provisions regarding current or former
state employees. If the grantee has any questions on the status of any person
rendering services or involved with this Agreement, CalRecycle must be contacted
immediately for clarification.
Current State Employees (Pub. Contract Code, § 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 (Pub. Contract Code, § 10411):
(a) For the two-year period from the date he or she left state employment, no former
state officer or employee may enter into a contract in which he or she engaged in
any of the negotiations, transactions, planning, arrangements or any part of the
decision-making process relevant to the contract while employed in any capacity by
any state agency.
CalRecycle's Entitlement Grant Terms and Conditions—Revised 3/29/16 3
(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. (Pub. Contract Code, § 10420).
CONTRACTORS/SUBCONTRACTORS
The grantee will be entitled to make use of its own staff and such contractors and
subcontractors as are mutually acceptable to the grantee and 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.
COPYRIGHTS
Grantee retains title to any copyrights or copyrightable material produced pursuant to
this Agreement. grantee hereby grants to CalRecycle a royalty-free, nonexclusive,
transferable, world-wide license to reproduce, translate, and distribute copies of any and
all copyrightable materials produced pursuant this Agreement, for nonprofit, non-
commercial purposes, and to have or permit others to do so on CalRecycle's behalf.
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 extending such licenses, permissions, releases, or
authorizations to CalRecycle pursuant to this section.
CORPORATION QUALIFIED TO DO BUSINESS IN CALIFORNIA
When work under this Agreement is to be performed in California by a corporation, the
corporation shall be in good standing and currently qualified to do business in the State.
"Doing business" is defined in Revenue and Taxation Code Section 23101 as actively
engaging in any transaction for the purpose of financial or pecuniary gain or profit.
DISCHARGE OF GRANT OBLIGATIONS
The grantee's obligations under this Agreement shall be deemed discharged only upon
acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the
grantee's Board of Directors shall accept and certify as accurate the final report prior to
its submission to CalRecycle.
CalRecycle's Entitlement Grant Terms and Conditions—Revised 3/29/16 4
DISCLAIMER OF WARRANTY
CalRecycle makes no warranties, express or implied, including without 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.
DISCRETIONARY TERMINATION
The Director shall have the right to terminate this Agreement at his or her sole discretion
at any time upon 30 days written notice to the grantee. Within 45 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.
(c) Reimburse CalRecycle for any unspent funds.
DISPUTES
In the event of a dispute regarding performance under this Agreement or interpretation
of requirements contained therein, the grantee may, in addition to any other remedies
that may be available, provide written notice of the particulars of such dispute to the
Branch Chief of Financial Resources Management Branch, Department of Resources
Recycling and Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written
notice must contain the grant number.
Unless otherwise instructed by the Grant Manager, the grantee shall continue with its
responsibilities under this Agreement during any dispute.
DRUG-FREE WORKPLACE CERTIFICATION
The person signing this Agreement on behalf of the grantee certifies under penalty of
perjury under the laws of California, that the grantee will comply with the requirements
of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a
drug-free workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and
specifying actions that will be taken against employees for violations.
(b) Establish a drug-free awareness program to inform employees about all of the
following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace.
(3) Any available counseling, rehabilitation, and employee assistance programs.
(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.
CalRecycle's Entitlement Grant Terms and Conditions—Revised 3/29/16 5
(2) Agrees to abide by the terms of such statement as a condition of employment on
the grant.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and grantee may be ineligible
for award of any future State agreements if CalRecycle determines that the grantee has
made a false certification, or violated the certification by failing to carry out the
requirements as noted above.
EFFECTIVENESS OF AGREEMENT
This Agreement is of no force or effect until signed by both parties.
ENTIRE AGREEMENT
This Agreement supersedes all prior agreements, oral or written, made with respect to
the subject hereof and, together with all attachments hereto, contains the entire
agreement of the parties.
ENVIRONMENTAL JUSTICE
In the performance of this Agreement, the grantee shall conduct its programs, policies,
and activities that substantially affect human health or the environment in a manner that
ensures the fair treatment of people of all races, cultures, and income levels, including
minority populations and low-income populations of the state.
FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT
CalRecycle will benefit from the grantee's full compliance with the terms of this
Agreement only by the grantee's:
(a) Investigation and/or application of technologies, processes, and devices which
support reduction, reuse, and/or recycling of wastes.
(b) Cleanup of the environment.
(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.
(b) The cleanup of the environment.
(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 10 percent withhold.
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 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.
CalRecycle's Entitlement Grant Terms and Conditions—Revised 3/29/16 6
FORFEIT OF GRANT FUNDS/REPAYMENT OF FUNDS IMPROPERLY EXPENDED
If grant funds are not expended, or have not been expended, in accordance with this
Agreement, or if real or personal property acquired with grant funds is not being used,
or has not been used, for grant purposes in accordance with this Agreement, the
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 10 percent withhold, and/or to
repay to CalRecycle any funds improperly expended.
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
The grantee is required to use Generally Accepted Accounting Principles in
documenting all grant expenditures.
GRANT MANAGER
The Grant Manager's responsibilities include monitoring grant progress, and reviewing
and approving Grant Payment Requests and other documents delivered to CalRecycle
pursuant to this Agreement. The Grant Manager may monitor grantee performance to
ensure that the grantee expends grant funds appropriately and in a manner consistent
with the terms and conditions contained herein. The Grant Manager does not have the
authority to approve any deviation from or 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).
GRANTEE ACCOUNTABILITY
The grantee is ultimately responsible and accountable for the manner in which 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.
GRANTEE'S INDEMNIFICATION AND DEFENSE OF THE STATE
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle,
and their officers, agents and employees from any and all claims and losses accruing or
resulting to any and all contractors, subcontractors, suppliers, laborers, and any other
person, firm or corporation furnishing or supplying work services, materials, or supplies
in connection with the performance of this Agreement, and from any and all claims and
losses accruing or resulting to any person, firm or corporation who may be injured or
damaged by the grantee as a result of the performance of this Agreement.
GRANTEE'S NAME CHANGE
A written amendment is required to change the grantee's name as listed on this
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.
IN CASE OF EMERGENCY
In the event of an emergency, or where there is an imminent threat to public health and
safety or the environment, the grantee may choose, at its own risk, to incur grant-
eligible expenses not previously included in the approved Budget, subject to
CalRecycle's Entitlement Grant Terms and Conditions—Revised 3/29/16 7
subsequent approval by the Grant Manager of both the Budget change and the need to
implement the Budget change on an emergency basis. The grantee shall notify the
Grant Manager of the emergency and the Budget change at the earliest possible
opportunity. CalRecycle reserves the right to accept or reject the grantee's
determination that the circumstances constituted an emergency or a threat to public
health and safety or the environment. If the Grant Manager determines that the
circumstances did not constitute an emergency or a threat to public health or safety, the
Budget change will be disallowed.
NO AGENCY RELATIONSHIP CREATED/INDEPENDENT CAPACITY
The grantee and the agents and employees of grantee, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees or
agents of CalRecycle.
NO WAIVER OF RIGHTS
CalRecycle shall not be deemed to have waived any rights under this 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.
NON-DISCRIMINATION CLAUSE
(a) During the performance of this Agreement, grantee and its contractors shall not
unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment on the bases enumerated in Government Code Section
12900 et seq.
(b) The person signing this Agreement on behalf of the grantee certifies under penalty
of perjury under the laws of California that the grantee has, unless exempted,
complied with the nondiscrimination program requirements (Gov. Code, § 12990,
subd. (a-f) and California Code of Regulations, Title 2, Section 8103). (Not
applicable to public entities.)
ORDER OF PRECEDENCE
The performance of this grant shall be conducted in accordance with the Terms and
Conditions (Exhibit A), Procedures and Requirements (Exhibit B), Project
Summary/Statement of Use, Work Plan, and Budget of this Agreement, or other
combination of Exhibits specified on the Grant Agreement Coversheet attached hereto
(collectively referred to as "Terms"). Grantee's CalRecycle-approved Application
(Grantee's Application) is hereby incorporated herein by this reference. In the event of
conflict or inconsistency between the articles, exhibits, attachments, specifications or
provisions that constitute this Agreement, the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto
(b) Terms and Conditions
CalRecycle's Entitlement Grant Terms and Conditions—Revised 3/29/16 8
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee's Application
(h) All other attachments hereto, including any that are incorporated by reference.
OWNERSHIP OF DRAWINGS, PLANS AND SPECIFICATIONS
The grantee shall, at the request of CalRecycle or as specifically directed in the
Procedures and Requirements (Exhibit B), provide CalRecycle with copies of any data,
drawings, design plans, specifications, photographs, negatives, audio and video
productions, films, recordings, reports, findings, recommendations, and memoranda of
every description or any part thereof, prepared under this Agreement. Grantee hereby
grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to
reproduce, translate, and distribute copies of any and all such materials produced
pursuant to this Agreement, for nonprofit, non-commercial purposes, and to have or
permit others to do so on CalRecycle's behalf.
PAYMENT
(a) The approved Budget, if applicable, is attached hereto and incorporated herein by
this reference and states the maximum amount of allowable costs for each of the
tasks identified in the Work Plan, if applicable, which is attached hereto and
incorporated herein by this reference. CalRecycle shall reimburse the grantee for
only the work and tasks specified in the Work Plan or the Grantee's Application at
only those costs specified in the Budget and incurred in the term of the Agreement.
(b) The grantee shall carry out the work described in the Work Plan or in the Grantee's
Application in accordance with the approved Budget, and shall obtain the Grant
Manager's written approval of any changes or modifications to the Work Plan,
approved project as described in the Grantee's Application or the approved Budget
prior to performing the changed work or incurring the changed cost. If the grantee
fails to obtain such prior written approval, the Director, at his or her sole discretion,
may refuse to provide funds to pay for such work or costs.
(c) The grantee shall request reimbursement in accordance with the procedures
described in the Procedures and Requirements (Exhibit B).
(d) Ten percent 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. Failure by the grantee to satisfactorily complete all reports
and conditions stipulated in this Agreement may result in forfeiture of any such funds
withheld pursuant to CalRecycle's 10 percent) retention policy.
(e) Lodgings, Meals and Incidentals: Grantee's Per Diem eligible costs are limited to the
amounts authorized in the California State Administrative Manual (contact the 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 the Procedures and Requirements (Exhibit B).
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
CalRecycle's Entitlement Grant Terms and Conditions—Revised 3/29/16 9
actual time spent on grant-related activities and on the actual salary or equivalent hourly
wage the employee is paid for his or her regular job duties, including a proportionate
share of any benefits to which the employee is entitled, unless otherwise specified in the
Procedures and Requirements (Exhibit B).
REAL AND PERSONAL PROPERTY ACQUIRED WITH GRANT FUNDS
(a) All real and personal property, including equipment and supplies, acquired with grant
funds shall be used by the grantee only for the purposes for which CalRecycle
approved their acquisition for so long as such property is needed for such purposes,
regardless of whether the grantee continues to receive grant funds from 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 may be required to execute
all documents required to provide CalRecycle with a 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 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 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) 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.
REASONABLE COSTS
A cost is reasonable if, in its nature or amount, it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the
decision was made to incur the cost. Consideration will be given to:
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the
performance of the grant.
(b) The restraints or requirements imposed by such factors as generally accepted sound
business practices, arms-length bargaining, federal and state laws and regulations,
and the terms and conditions of this Agreement.
(c) Whether the individuals concerned acted with prudence in the circumstances,
considering their responsibilities to the organization, its members, employees,
clients, and the public at large.
(d) Significant deviations from the established practices of the organization which may
unjustifiably increase the grant costs.
CalRecycle's Entitlement Grant Terms and Conditions—Revised 3/29/16 10
RECYCLED-CONTENT PAPER
All documents submitted by the grantee must be printed double-sided on recycled-
content paper containing 100 percent post-consumer fiber. Specific pages containing
full color photographs or other ink-intensive graphics may be printed on photographic
paper.
REDUCTION OF WASTE
In the performance of this Agreement, grantee shall take all reasonable steps to 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.
REDUCTION OF WASTE TIRES
Unless otherwise provided for in this Agreement, in the performance of this 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.
REIMBURSEMENT LIMITATIONS
Under no circumstances shall the grantee seek reimbursement pursuant to this
Agreement for a cost or activity that has been or will be paid for through another funding
source. The grantee shall not seek reimbursement for any costs used to meet cost
sharing or matching requirements of any other CalRecycle funded program.
All costs charged against the Agreement shall be net of all applicable credits. The term
"applicable credits" refers to those receipts or reductions of expenditures that operate to
offset or reduce expense items that are reimbursable under this Agreement. Applicable
credits may include, but are not necessarily limited to, rebates or allowances, discounts,
credits toward subsequent purchases, and refunds. Grantee shall, where possible,
deduct the amount of the credit from the amount billed as reimbursement for the cost, or
shall deduct the amount of the credit from the total billed under a future invoice.
RELIABLE CONTRACTOR DECLARATION
Prior to authorizing any contractor or subcontractor to commence work under this Grant,
the grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle
168) from the contractor or subcontractor, signed under penalty of perjury, disclosing
whether of any 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
or subcontractor within the preceding three (3) years. If a contractor is placed on
CalRecycle's Unreliable List after award of this Grant, the grantee may be required to
terminate that contract.
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
CalRecycle's Entitlement Grant Terms and Conditions—Revised 3/29/16 11
law or in equity, and exercise of one right or remedy shall not be deemed a waiver of
any other right or remedy.
SELF-DEALING AND ARM'S LENGTH TRANSACTIONS
All expenditures for which reimbursement pursuant to this Agreement is sought shall be
the result of arm's-length transactions and not the result of, or motivated by, self-dealing
on the part of the grantee or any employee or agent of the grantee. For purposes of this
provision, "arm's-length transactions" are those in which both parties are on equal
footing and fair market forces are at play, such as when multiple vendors are invited to
compete for an entity's business and the entity chooses the lowest of the resulting bids.
"Self-dealing" is involved where an individual or entity is obligated to act as a trustee or
fiduciary, as when handling public funds, and chooses to act in a manner that will
benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict
with, the public purpose for which all grant monies are to be expended.
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.
SITE ACCESS
The grantee shall allow the state to access sites at which grant funds are expended and
related work being performed at any time during the performance of the work and for
ninety (90) days after completion of the work, or until all issues related to the grant
project have been resolved.
STOP WORK NOTICE
Immediately upon receipt of a written notice from the Grant Manager to stop work, the
grantee shall cease all work under this Agreement.
TERMINATION FOR CAUSE
CalRecycle 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, 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 10 percent retention policy.
TIME IS OF THE ESSENCE
Time is of the essence to this Agreement.
TOLLING OF STATUTE OF LIMITATIONS
The statute of limitations for bringing any action, administrative or civil, to enforce the
terms of this Agreement or to recover any amounts determined to be owing to
CalRecycle as the result of any audit of the grant covered by this Agreement shall be
CalRecycle's Entitlement Grant Terms and Conditions—Revised 3/29/16 12
tolled during the period of any audit resolution, including any appeals by the grantee to
the Director.
UNION ORGANIZING
By signing this Agreement, the grantee hereby acknowledges the applicability of
Government Code Sections 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.
VENUE/CHOICE OF LAW
(a) All proceedings concerning the validity and operation of this Agreement and the
performance of the obligations imposed upon the parties hereunder shall be held in
Sacramento County, California. The parties hereby waive any right to any other
venue. The place where the Agreement is entered into and place where the
obligation is incurred is Sacramento County, California.
(b) The laws of the State of California shall govern all proceedings concerning the
validity and operation of this Agreement and the performance of the obligations
imposed upon the parties hereunder.
WAIVER OF CLAIMS AND RECOURSE AGAINST THE STATE
The grantee agrees to waive all claims and recourse against the state, its officials,
officers, agents, employees, and servants, including, but not limited to, the right to
contribution for loss or damage to persons or property arising out of, resulting from, or in
any way connected with or 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.
WORK PRODUCTS
Grantee shall provide CalRecycle with copies of all final products identified in the Work
Plan. Grantee shall also provide CalRecycle with copies of all public education and
advertising material produced pursuant to this Agreement.
WORKERS' COMPENSATION/LABOR CODE
The grantee is aware of Labor Code Section 3700, which requires every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in
accordance with the Labor Code, and the grantee agrees to comply with such
provisions before commencing the performance of the work of this Agreement.
CalRecycle's Entitlement Grant Terms and Conditions—Revised 3/29/16 13
EXHIBIT B
PROCEDURES AND REQUIREMENTS
LOCAL ENFORCEMENT AGENCY GRANT PROGRAM
EA30 Cycle — Fiscal Year 2019-20
Copies of these Procedures and Requirements should be shared with BOTH the
Finance Department AND the staff responsible for implementing the grant
activities.
Table of Contents
Introduction ...................................................................................................................2
Milestones......................................................................................................................2
Grants Management System (GMS).............................................................................2
Accessingthe Grant..................................................................................................... 2
ContactUpdates ..........................................................................................................2
Priorto Commencing Work..........................................................................................3
Reliable Contractor Declaration ...................................................................................3
Grant Term, Grant Performance Period, and Report Preparation Period.................3
EligibleCosts ................................................................................................................4
IneligibleCosts..............................................................................................................4
BudgetModifications.................................................................................................... 5
Acknowledgements....................................................................................................... 5
Reporting Requirements .............................................................................................. 5
FinalReport...................................................................................................................6
Grant Payment Information ..........................................................................................6
Payment Request and Documentation........................................................................7
AdvancePayments...................................................................................................... 7
Reimbursement Payment............................................................................................. 8
Supporting Documentation........................................................................................... 9
Interest...........................................................................................................................9
AuditConsiderations....................................................................................................9
Local Enforcement Agency Grant Program, FY 2019-20 1
INTRODUCTION
The Department of Resources Recycling and Recovery (CalRecycle) administers the
Local Enforcement Agency Grant Program. These Procedures and Requirements
describe project and reporting requirements, report due dates, report contents, grant
payment conditions, eligible and ineligible project costs, project completion and closeout
procedures, records and audit requirements.
This document is attached to, and incorporated by reference, into the Grant Agreement.
MILESTONES
Date Activity
July 1, 2019 Grant Term and Grant Performance Period Begins
June 30, 2020 Grant Performance Period Ends
July 1, 2020 - Report Preparation Period
October 29, 2020
October 29, 2020 Final Report and final Payment Request Due
October 29, 2020 Grant Term End
GRANTS MANAGEMENT SYSTEM (GMS)
GMS is CalRecycle's web-based grant application and grant management system.
Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts
are tied to a specific email address. If an email address changes, or if it becomes
inactive, the grantee must create a new WebPass account to continue accessing GMS.
Establish or manage a WebPass at CalRecycle's WebPass page
(https://secure.calrecycle.ca.gov/WebPass/).
Accessing the grant
Grantees must log into GMS (https://secure.calrecycle.ca.gov/Grants) using their web
pass. After login, locate the grant in the My Awarded/Open Grants table and select
the Grant Management link. The Grant Management Module includes the following
sections:
• Summary tab — shows approved budget, paid and remaining amounts. (This
section is available to the grantee in read-only mode.)
• Payment Request tab — requests reimbursement.
• Reports tab — uploads required reports.
• Interest — reports earned interest on an advance payment.
• Documents tab — uploads other grant documents that are not considered
supporting documents to a payment request or a report. This section also
provides access to documents that were uploaded within other sections of GMS.
Follow the instructions in GMS to work in the system. Use the information in the
following sections to determine what reports, transactions, and supporting documents
are required.
Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application
Module with the access check box marked. A contact may be listed but not granted
access by not checking the box. Please note, if a contact is granted access to a grant
they will be able to edit contacts, submit payment requests, upload reports, and view all
Local Enforcement Agency Grant Program, FY 2019-20 2
documents. Those with access may update contact information for all contact types
except Signature Authority. Email the assigned Grant Manager regarding any changes
to Signature Authority information.
PRIOR TO COMMENCING WORK
Prior to commencing work under this grant, the grantee's Grant Manager or primary
contact and authorized grant Signature Authority should review the Terms and
Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key
grant administrative requirements. Evaluation of the grantee's compliance with these
requirements is a major focus of grant audits.
Reliable Contractor Declaration
Prior to authorizing a contractor(s) (or subcontractor) to commence work under this
grant, the grantee shall submit to the Grant Manager a declaration from the
contractor(s), signed under penalty of perjury, stating that within the preceding three (3)
years, none of the events listed in Section 17050 of Title 14
(https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), California Code of
Regulations, Natural Resources, Division 7, has occurred with respect to the
contractor(s) or subcontractor(s).
If a (sub) contractor is placed on the CalRecycle Unreliable List
(https://www.calrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the
grantee may be required to terminate that contract. Obtain the Reliable Contractor
Declaration form (CalRecycle 168) from CalRecycle's form web page
(https://www.calrecycle.ca.gov/Funding/Forms/).
A scanned copy of the signed Reliable Contractor Declaration form must be uploaded in
GMS. To upload the form:
1. Go to the Reports tab.
2. Click on Reliable Contractor Declaration under Report Type.
3. Click the Add Document button.
4. Select Reliable Contractor Declaration in the Document Type drop down box,
enter a document title, click the Browse button to search and upload the
document, and then Save.
5. Click on the Submit Report button.
For further instructions regarding GMS, including login directions, see the section above
titled Grant Management System.
GRANT TERM, GRANT PERFORMANCE PERIOD, AND REPORT PREPARATION
PERIOD
The Grant Term begins on July 1, 2019 and ends on October 29, 2020. Eligible
program costs must be incurred after July 1, 2019 and before the Grant Performance
end date.
The Grant Performance Period begins on July 1, 2019 and ends on June 30, 2020.
The Report Preparation Period is from July 1, 2020 to October 29, 2020. Costs
incurred to prepare the Final Report and final Payment Request are the only costs
that are eligible for reimbursement during the Report Preparation Period.
Local Enforcement Agency Grant Program, FY 2019-20 3
The Final Report and final Payment Request are due on October 29, 2020.
ELIGIBLE COSTS
All grant expenditures must be for activities, products, and costs specifically included in
the approved Work Plan and approved Budget. To be eligible for reimbursement, costs
must be incurred from July 1, 2019 and through June 30, 2019. All services must be
provided and goods received during this period in order to be eligible costs. Invoices for
goods and services must be paid by the grantee prior to the inclusion of those goods or
services on a payment request.
Eligible costs are limited to the following:
• Analysis/Evaluation/Testing/Demo (expenses related to analysis and testing,
equipment calibration, certification, demonstrations, site studies and consultants).
• Compliance/Inspection/Visit/Enforcement (expenses related to legal counsel,
inspection, enforcement, compliance and consultants).
• Education (expenses related to providing education and outreach materials to
local jurisdictions, businesses and the public).
• Equipment (expenses related to the purchasing of tools, instruments, equipment,
personal protection gear, tablets, and laptops as well as the maintenance of
equipment essential for the inspection of solid waste facilities).
• Personnel (staff expenses related to conducting inspections such as salaries,
benefits, physicals and vaccinations).
• Training (expenses related to the training of LEA staff such as training materials,
publications, periodicals, memberships, CalRecycle trainings, solid waste
management conferences and related costs).
• Transportation (expenses related to inspections such as maintenance of LEA
vehicles, fuel expenses, mileage).
INELIGIBLE COSTS
Any costs not specifically included in the approved Budget and not directly related to
EA30 and the approved grant project are ineligible for reimbursement. Contact the
Grant Manager if clarification is needed. Ineligible costs include, but are not limited to:
• Costs incurred prior to July 1, 2019 or after June 30, 2020, except for costs
incurred to prepare the Final Report and final Reimbursement Payment Request,
which are eligible for reimbursement during the Reporting Preparation Period.
• Any costs that are not consistent with local, state, and federal statutes,
ordinances or regulations.
• Any food or beverages (supplied as part of meetings, workshops, training, or
events).
• Any personnel costs incurred as a result of time an employee assigned to the
solid waste program does not actually work on the solid waste program (e.g. use
of accrued vacation, sick leave, etc.).
• Any pre-paid expenditures for future goods or services delivered after the end of
the Grant Performance Period. (Exemption: The Grant Manager may consider
approving products purchased in full before the end of the Grant Performance
Period but delivered after the Grant Performance Period if the delay is caused
solely by the supplier and through no fault of the grantee. The grantee must
request an exemption in writing and receive written approval from the Grant
Manager.).
Local Enforcement Agency Grant Program, FY 2019-20 4
• Cleanup of illegal dumping.
• Costs currently covered or incurred under another CalRecycle loan, grant, grant
cycle or contract.
• Landfill operations.
• Out-of-state travel.
• Overhead and indirect costs.
• Overtime costs (except for local government staffing during specially scheduled
evening or weekend events that have been pre-approved in writing by the Grant
Manager when law or labor contracts REQUIRE overtime compensation).
• Purchasing or leasing of vehicles.
• Any other costs not deemed reasonable or related to the purpose of the grant by
the Grant Manager.
BUDGET MODIFICATIONS
The approved budget in GMS represents the proposed expenditure plan of the grantee
at the time the grant is awarded. A budget change is the adjustment of grant funds
between the main budget categories as listed in the GMS application.
Any proposed revision(s) to the Budget must be submitted in writing and authorized in
writing by the Grant Manager. The approval document should be retained by the
grantee for audit purposes. See Audit Record/Access section of the Terms and
Conditions (Exhibit A).
Prior to Advance Reconciliation or Requesting Reimbursement
The grantee must notify the Grant Manager of all budget changes, regardless of dollar
amount, no later than October 29, 2020. Budget changes must be provided using the
Budget Modification Template and emailed to the Grant Manager. The Budget
Modification Template, is located on the Summary tab under Resources Documents in
the Grant Management section of GMS.
ACKNOWLEDGEMENTS
The grantee shall acknowledge CalRecycle's support each time projects funded, in
whole or in part, by this Agreement are publicized in any medium, including news
media, brochures, or other types of promotional materials. The acknowledgement of
CalRecycle's support must incorporate the CalRecycle logo. Initials or abbreviations for
CalRecycle shall not be used. The Grant Manager may approve deviation from this
requirement on a case-by-case basis where such deviation is consistent with
CalRecycle's Communication Strategy and Outreach Plan.
REPORTING REQUIREMENTS
A Final Report is required by this Agreement; however, the Grant Manager may request
a Progress Report at any time during the Grant Term. Failure to submit the Final Report
with appropriate documentation by the due date may result in rejection of the Payment
Request and/or forfeiture by the grantee of claims for costs incurred that might
otherwise have been eligible for grant funding.
The Final Report must be uploaded in GMS. For further instructions regarding GMS,
including login directions, see the section above entitled, Grants Management System.
To upload a report:
1. Go to the Reports tab.
Local Enforcement Agency Grant Program, FY 2019-20 5
2. Click on the appropriate Report Type.
3. Click on the Add Document button.
4. Choose the Document Type, enter a document title, click the Browse button to
search and upload the document, and then Save.
• Select the Back button to upload another document and continue the
process until all required documents as listed below are uploaded.
• The maximum allowable file size for each document is 35MB.
5. Click the Submit Report button to complete your report submittal. The Submit
Report button will not be enabled until all required reporting documents are
uploaded.
The reports must be current, include all required sections and documents, and must be
approved by the Grant Manager before any Payment Request can be processed.
Failure to comply with the specified reporting requirements may be considered a breach
of this Agreement and may result in the termination of this Agreement or rejection of the
Payment Request and/or forfeiture by the grantee of claims for costs incurred that might
otherwise have been eligible for grant funding. Any problems or delays must be
reported immediately to the Grant Manager.
FINAL REPORT
The Final Report is due no later than October 29, 2020, but may be submitted as soon
as grant funds are expended. This report should cover grant activities from July 1,
2019 through June 30, 2020. The Final Report Template is located on the Summary
tab under Resources Documents in the Grant Management section of GMS. The
following items must be completed:
1. The Grant Number, Grantee's name and Grant Term.
2. Budget categories reflected in approved budget in GMS.
3. Listing of actual costs under each Budget Category. Adequate detail shall be
provided to ensure expenditure meets the eligible cost requirements. (Personnel:
provide staff classification, salary, number of hours, and hourly rate.) See
template for required information.
4. The Final Report must be signed by the Signature Authority indicated in GMS.
GRANT PAYMENT INFORMATION
1. Payment to the grantee for eligible grant expenses is made on a reimbursement
basis for only those materials and services specified in the approved grant
application unless the grantee was approved for an advance payment. The
advance payment must be fully reconciled by the end of the Grant Term.
2. The grantee must submit a completed Grant Payment Request and provide any
supporting documentation if requested by the Grant Manager. Supporting
documentation may include, but is not limited to, personnel expenditure detail,
equipment invoices and/or proof of payment.
3. The grantee must submit the required Final Report, and the Grant Manager must
approve the report prior to, or concurrent with, submission of the Grant Payment
Request.
4. The grantee must submit a completed Grant Payment Request and provide
supporting documentation as described in the "Payment Request and
Documentation" section for completed project(s) only.
Local Enforcement Agency Grant Program, FY 2019-20 6
5. Grant payments will only be made to the grantee. It is the grantee's
responsibility to pay all contractors and subcontractors for purchased goods and
services.
6. Ten percent of the approved Grant Payment Request will be withheld and
retained until all conditions stipulated in the Agreement, including submission and
Grant Manager approval of the Final Report, has been satisfied.
7. CalRecycle will make payments to the grantee as promptly as fiscal procedures
permit. The grantee can typically expect payment approximately 45 days from
the date a Grant Payment Request is approved by the Grant Manager.
The grantee must provide a Reliable Contractor Declaration (CalRecycle 168)
(https://www.calrecycle.ca.gov/Funding/forms/) signed under penalty of perjury
by the grantee's contractor(s) and subcontractor(s) in accordance with the
"Reliable Contractor Declaration" provision of the Terms and Conditions (Exhibit
A). The declaration must be received and approved by the Grant Manager prior
to commencement of work. See "Reliable Contractor Declaration" provision in
Terms and Conditions (Exhibit A) for more information.
PAYMENT REQUEST AND DOCUMENTATION
Failure to submit the final Payment Request with appropriate documentation by the due
date may result in rejection of the Payment Request and/or forfeiture by the grantee of
claims for costs incurred that might otherwise have been eligible for grant funding.
Payment requests must be submitted in GMS. For further instructions regarding GMS,
including login directions, see the section above entitled, Grants Management System.
Advance Payments
Pursuant to Section 18093.1(b), CalRecycle may disburse up to 90 percent as an
advance payment. The advance payment will not be processed until the previous
cycle's advance payment is fully reconciled and any money owed is returned.
If the grantee requested an Advance Payment:
• The advance payment will be processed by the Grant Manager in the GMS -
Grant Management section after the Grant Agreement is fully executed, the
Payment Request form is approved, the previous cycle's advance has been fully
reconciled and any money owed is paid to CalRecycle. The advance payment
transaction will be visible to the grantee after the transaction is completed by the
Grant Manager.
• Upon receipt of advanced grant funds, the grantee shall deposit and maintain
until expended, all grant funds in an interest-bearing account within a federally
insured financial institution. Grantee shall maintain a separate accounting
system for the grant funds including the earned interest. Any earned interest
must be tracked for reporting purposes as discussed in the INTEREST section
below.
• The grantee must reconcile the approved advance amount in the GMS - Grant
Management section by submitting a payment request including the final
expenditure information.
1. Go to the Payment Request tab.
2. Click on the Create a Payment Request button.
• Choose Advance Reconcile for the Transaction Type and enter the
amount spent in each budget sub category. The approved advance
Local Enforcement Agency Grant Program, FY 2019-20 7
amount must be reconciled including the 10 percent withhold (total grant
award).
• When the transaction is complete, click the Save button.
• Account for interest following the instructions in the INTEREST section
below.
3. Click the Submit Transaction button, located on the transaction page, to
complete your payment request.
Note: The Final Report must be uploaded in the Reports tab in order for the Advance
Reconcile to be approved.
Once 100 percent of the advance has been reconciled, the Grant Manager will release
the 10 percent withhold to the grantee. The grantee does not need to submit a Grant
Payment Request form for the 10% retention payment.
Grant funds must be spent in the following order:
1. Advance payment
2. Reimbursement payment (10 percent withhold)
3. Interest earned on advance payment, if approved by the Grant Manager
Any unspent grant funds or unspent earned interest must be returned to CalRecycle by
the end of the Grant Term. Contact the Grant Manager to initiate this process.
Reimbursement Payment
If the grantee did not request an advance payment, a grant payment request for
reimbursement must be submitted by the end of the Grant Term.
To submit a Grant Payment Request:
1. Go to the Payment Request tab.
2. Click on the Create a Payment Request button.
• Choose Reimburse for the Transaction Type and enter the amount spent
in each budget sub category.
• When the transaction is complete, click the Save button.
• After the transaction is saved, the Upload Supporting Documentation
button will appear in the lower right corner.
3. Click the Upload Supporting Documentation button.
• Choose the Document Type, enter a document title, click the Browse
button to search and upload the document, and then Save.
• Select the Back button to upload another document and continue this
process until all required supporting documents as listed below are
uploaded.
• The maximum allowable file size for each document is 35MB.
4. Click the Submit Transaction button, located on the transaction page, to
complete your payment request. The Submit Transaction button will not be
enabled until all required supporting documents are uploaded.
Note: Once a transaction is saved select the transaction number from the
Payment Request tab to access it again. Please do not create multiple
transactions for the same requested funds.
Local Enforcement Agency Grant Program, FY 2019-20 8
Supporting Documentation
A scanned copy of the Grant Payment Request form (CalRecycle 87) with the
signature of the signatory or his/her designee, as authorized by grantee's Resolution or
Letter of Commitment, must be uploaded to GMS.
Note: A designee may sign on behalf of the grantee if a) authorized by the
Resolution or Letter of Commitment, and b) a Letter of Designation has been
provided to the Grant Manager.
INTEREST
Grantees that request an advance payment must account for all interest accrued and
received. All interest accrued and received from the grant funds shall be used only for
eligible expenses related to the performance of this Agreement.
• Interest earned may not be spent until the full grant award has been expended.
• The earned interest must be reported in the Interest tab in GMS.
• To report interest earned:
1) Go to the Interest tab and click on the Create an Interest Record button.
2) Complete required fields by selecting "Earned" as the Interest Type, select
the Budget Subcategory where the interest will be spent; enter the date, and
the amount of interest earned in the Report Amount filed.
3) Click the Save button.
Once interest is spent, create another Interest Record by following the same steps as
above except choose Reconcile as the Interest Type.
All unused interest or unspent grant funds must be returned to CalRecycle by the end of
the Grant Term. Contact the Grant Manager to initiate this process.
If no interest was accrued during the fiscal cycle, create an interest record to document
that no interest was earned because grant funds were expended within 90 days. The
grantee is highly encouraged to immediately reconcile their advance payment if it was
fully expended within the 90 days. To report that no interest was accrued:
1) Go to the Interest tab and click on the Create an Interest Record button.
2) Complete required field by selecting "None Accrued" as the Interest Type,
enter the date, and enter the written explanation in the Note section.
3) Click the Save button.
AUDIT CONSIDERATIONS
The grantee agrees to maintain records and supporting documentation pertaining to the
performance of this grant subject to possible audit for a minimum of three (3) years after
final payment date or Grant Term end date, whichever is later. A longer period of
records retention may be stipulated in order to complete any action and/or resolution of
all issues which may arise as a result of any litigation, dispute, or audit, whichever is
later.
Examples of audit documentation include, but are not limited to, competitive bids, grant
amendments if any relating to the budget or work plan, copies of any agreements with
contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time
sheets, personnel expenditure summary form, travel expense log, paid warrants,
contracts and change orders, samples of items and materials developed with grant
Local Enforcement Agency Grant Program, FY 2019-20 9
funds, invoices and/or cancelled checks. Please refer to the Terms and Conditions
(Exhibit A) for more information.
Local Enforcement Agency Grant Program, FY 2019-20 10
Cal Recycle 0 Grants Management System(GMS)
Application
Generated By: Wendy Box
Application Information
Applicant: Fresno County
Cycle Name: Local Enforcement Agency Grants Application Due Date: 4/23/2019
Cycle Code: EA30 Secondary Due Date: 5/23/2019
Grant ID: 22709
Grant Funds Requested: $28,358.00 Request Advance Payment: Yes
Matching Funds: $0.00(if applicable)
Awarded Funds: $28,358.00
Project Summary: The goal of the solid waste program is to promote compliance with State and Local regulations as it
pertains to the collection,handling,storage and disposal of residential,commercial and industrial waste in an effort to
protect the air,water,and land from pollution and to ensure public health,safety and the environment.The Fresno
County Department of Public Health,Environmental Health Division,
intends to utilize the FY 2019-20 Enforcement Grant funds for staffing needs directly related to
the County of Fresno Enforcement Program. Remaining grant funds will be utilized to attend
training to maintain program certification,fund office expenses,and purchase and maintain
equipment.
Applicant/Participant
Name: Fresno County Lead: X
Federal Tax ID: 94-6000512 Jurisdiction: Fresno-Unincorporated
County: Fresno
Contacts
Prime Second Auth Cnslt
Steven Rhodes Title:Supervising Environmenta Health Speciali X
Deparment of Public Health Phone:5596003271
1221 Fulton Street,3rd Floor Fax:5594554646
PO Box 11867 Email:srhodes@fresnocountyca.gov
Fresno,CA 93775-1867
David Pomaville Title: Department Director X
Deparment of Public Health Phone:5596006401
1221 Fulton Street,6th Floor Fax:
PO Box 11867 Email:dpomaville@fresnocountyca.gov
Fresno,CA 93775-1867
Wayne Fox Title: Division Manager X
Deparment of Public Health Phone:5596003077
1221 Fulton Street,3rd Floor Fax:5594554646
PO Box 11867 Email:wafox@fresnocountyca.gov
Fresno,CA 93775-1867
Sukhdeep Sidhu Title: Environmental Health Specialist III X
Deparment of Public Health Phone:5596003271
1221 Fulton Street,3rd Floor Fax:5594554646
PO Box 11867 Email:ssidhu@fresnocountyca.gov
Fresno,CA 93775-1867
Nathan Magsig Title: Board of Supervisors,Chairman X
Board of Supervisors Phone:5596005000
2281 Tulare St Rm#300 Fax:5596001609
Fresno,CA 93721 Email:district5@fresnocountyca.gov
Boom Phouthavong Title: Environmental Health Specialist III X
Deparment of Public Health Phone:5596003271
1221 Fulton Street,3rd Floor Fax:5594554646
PO Box 11867 Email:bphouthavong@fresnocountyca.gov
Fresno,CA 93775-1867
https://secure.cal recycle.ca.gov/Grants/Grant/Grant.aspx?Granti D=22709
Date Generated:August 22,2019 4:03 PM Page 1 of 2
Budget
Category Name Amount
Analysis/Evaluation/Testing/Demo $0.00
Compliance/Inspection/Visit/Enforcement $0.00
Education $358.00
Equipment $16,000.00
Personnel $0.00
Training $12,000.00
Transportation $0.00
No Site Information Provided
Documents Document Title Received Date
Required
Application Certification Application Certificate EA 30 4/24/2019
Required By Secondary Due Date
Resolution-Lead Participant 5 Year Resolution 4/19/2019
Resolution-Lead Participant 5 Year Resolution 5/14/2019
Other Supporting Document(s)
Draft Resolution Draft 5 Year Resolution 4/19/2019
Letter of Authorization/Resolution
Letter of Designation LEA Grant, Letter of Designation 5/16/2019
Resolution
Check the following,as applicable.See Application Guidelines and Instructions for more information and examples.
X Applicant acknowledges that a Resolution is uploaded in the application.The Resolution must be approved by its governing body,which authorizes
submittal of the application and designates a signature authority. If applicable,applicant has uploaded a Letter of Designation(LOD)designating an
additional signature authority(ies).
https://secure.cal recycle.ca.gov/Grants/Grant/Grant.aspx?Grantl D=22709
Date Generated:August 22,2019 4:03 PM Page 2 of 2
Agreement Between the County of Fresno and the California Department of
Resources Recycling and Recovery (CalRecyle)
Agreement Name: CalRecycle 2019-20 Local Enforcement Agency Grant Agreement
No. EA30-19-0018
Fund/Subclass: 0080/17356
Organization #: 1156
Revenue Account #: 3530