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HomeMy WebLinkAboutSTATE CalRECYCLE-FY 2023-24 Local Enforcement Agency Grant Program_A-23-672.pdf CIO U Hall of Records,Room 301 County of Fresno 2281 Tulare Street Fresno,California Board of Supervisors 93721-2198 O� 185610 Telephone:(559)600-3529 FRB`' Minute Order Toll Free:1-800-742-1011 www.co.fresno.ca.us December 12, 2023 Present: 5- Supervisor Steve Brandau,Vice Chairman Nathan Magsig,Supervisor Buddy Mendes, Supervisor Brian Pacheco,and Chairman Sal Quintero Agenda No. 47. Public Health File ID:23-1297 Re: Approve and authorize the Chairman to execute a retroactive revenue agreement with the California Department of Resources, Recycling and Recovery for FY 2023-24 Local Enforcement Agency Grant Program funding,effective July 1,2023 through October 29,2024($28,676) APPROVED AS RECOMMENDED Ayes: 5- Brandau, Magsig, Mendes, Pacheco,and Quintero Agreement No.23-672 County of Fresno Page 49 co Board Agenda Item 47 o i856 0 pft` DATE: December 12, 2023 TO: Board of Supervisors SUBMITTED BY: David Luchini, RN, PHN, Director, Department of Public Health SUBJECT: Retroactive Revenue Agreement with the California Department of Resources, Recycling and Recovery RECOMMENDED ACTION(S): Approve and authorize the Chairman to execute a retroactive revenue agreement with the California Department of Resources, Recycling and Recovery for FY 2023-24 Local Enforcement Agency Grant Program funding, effective July 1,2023 through October 29, 2024($28,676). There is no additional Net County Cost associated with the recommended action, which will allow the Department of Public Health (Department), the County's Local Enforcement Agency(LEA), to receive non-competitive grant funds ($28,676)from the California Department of Resources, Recycling and Recovery (CalRecycle). The funds support solid waste enforcement activities, including inspecting and monitoring regulated waste facilities, attending mandatory training, and equipment purchases and maintenance. Pursuant to California Public Resources Code, Section 43230, this grant award is solely for the support of the solid waste permit and inspections programs. This item is countywide. ALTERNATIVE ACTION(S): Should your Board not approve the recommended action, the Department would not be able to accept these funds that currently offset operational and direct facility inspection activities, which could ultimately affect the rate structure for these services.Additionally, the grant funds are utilized to offset a portion of the cost of a position to perform these inspections. If the grant funds are not accepted, this position would be utilized to perform other functions, negatively impacting productivity in the number of inspections conducted, and the Department would not be able to perform waste facility inspections at the frequency level required by the State pursuant to California Public Resources Code Chapter 2, Section 43209 and California Code of Regulations, Title 14. RETROACTIVE AGREEMENT: The recommended revenue agreement was received from CalRecycle on September 20, 2023, and is retroactive to July 1, 2023, which is the start of the grant term. This item is being brought to your Board in accordance with the agenda item processing deadlines. FISCAL IMPACT: There is no Net County Cost associated with the recommended action. The FY 2023-24 LEA revenue agreement($28,676) represents a decrease of$153 from the prior year. The grant allocation is non-competitive and does not require matching funds. The grant allows for full reimbursement of direct costs but does not allow for indirect cost recovery. The Department's FY 2023-24 indirect cost recovery rate County of Fresno Page 1 File Number.23-1297 File Number:23-1297 is 18.314%. The Department's share of indirect costs ($1,076)for FY 2023-24 are covered with 1991 Health Realignment funds. Sufficient appropriations and estimated revenues are included in the Department's Org 5620 FY 2023-24 Adopted Budget. DISCUSSION: The Department has received LEA Grant Program funds since 2000. On May 7, 2019, your Board passed Resolution 19-184,which authorized the submission of up to five years of grant applications to CalRecycle for LEA Grant Program funds from FY 2019-20 through FY 2023-24. In accordance with this Resolution, the Department submitted its grant application on May 9, 2023, which resulted in the recommended FY 2023-24 revenue agreement before your Board. The recommended revenue agreement would provide grant revenue ($28,676)to support FY 2023-24 Solid Waste Management Enforcement Program activities. Program personnel are responsible for the inspection of landfills, transfer stations, compost facilities, contraction/demolition activities, and inert processing facilities. Department staff also inspect 53 closed landfill sites to ensure State compliance. The Department proposes to utilize the grant funds to support program enforcement activities, mandatory training, and memberships. The grant would also fund the acquisition of equipment and costs associated with maintenance and calibration of detection equipment. The recommended revenue agreement varies from County standard language in that the County agrees to indemnify, defend, and save harmless the State; the County agrees to waive all claims and recourse against the State for matters in any way connected with or incident to this recommended agreement.The recommended agreement also contains non-standard termination language as it allows the State to terminate with or without cause upon giving the County at least 30 days advance written notice of termination. County Risk Management has reviewed and accepts the non-standard language in the agreement and that the State is not amenable to revision of their terms and conditions. REFERENCE MATERIAL: BAI #34, November 8, 2022 BAI #58, May 7, 2019 ATTACHMENTS INCLUDED AND/OR ON FILE: On file with Clerk-Agreement with CalRecycle CAO ANALYST: Ron Alexander County of Fresno page 2 File Number.23-1297 Agreement No. 23-672 State of California - California Environmental Department of Resources Recycling and Protection Agency Recovery (CalRecycle) CalRecycle 110 (Rev 10/19) Grant Agreement Cover Sheet Grant Number EA34-23-0072 Name of Grant Program 2023-24 Local Enforcement Agency Grants Grantee Name Fresno County Taxpayer's Federal Employer Identification Number Total Grant not to Exceed $28,676.00 Start of Grant Term July 1, 2023 End of Grant Term October 29, 2024 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 written approval from CalRecycle. In witness whereof, the parties hereto have executed this Agreement as of the dates entered below. Page 1 of 3 EA34-23-0072 Fresno County Department/Grantor Name Grantee Name CalRecycle Fresno County Signature of CalRecycle's Authorized Signature of Grantee's Authorized Signatory Signatory (as authorized in Resolution, Letter of Commitment or Letter of Designation) Digitally signed by Brandy Hunt +p r Digitally signed by Sal Quintero Brandy Hunt Date:2023.12.12 15:23:48 S a I Quin l G 1 O Date:2023.12.12 14:06:45 X _08'00 -08'00' Printed Name of CalRecycle's Authorized Printed Name of Grantee's Authorized Signatory Signatory Brandy Hunt Sal Quintero Title Title Deputy Director, CalRecycle Board of Supervisors,Chair Date Date Dec 12, 2023 Dec 12,2023 Grantee Payment Address Department of Public Health PO Box 11867 Fresno, CA 93775 Revised Grantee Payment Address (if needed) Page 2 of 3 EA34-23-0072 Fresno County Certification of Funding Amount Encumbered by Prior Amount Encumbered for Total Amount this Agreement this Agreement Encumbered to Date $28,676.00 $28,676.00 Grant Year/Program Chapter Statute Year 2023-24 Local Enforcement 12 2023 Agency Grants Org Code Reference Fund 3970 101 0387 Enactment Year Fiscal Year Fund Title 2023 2023-24 IWMA Fi$Cal Expenditure Information Reporting Structure Program (PGM-SUB-TSK) Account/Alt Account 39707830 3700000223 5432000 1 hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. Signature of CalRecycle Budget Office Date Dalma Gomez Digitally signed by Dalma Gomez Sep 20, 2023 Date:2023.09.20 09:59:43-07'00' N Page 3 of 3 EA34-23-0072 Fresno County Exhibit A Terms and Conditions Local Enforcement Agency Grant Program Fiscal Year 2023-24 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. CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 1 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. 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. CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 2 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 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 CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 3 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. (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, CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 4 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. 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 CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 5 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. (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. CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 6 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. In addition to forfeiture of grant funds, failure to perform as required by this Agreement may impact Grantee's eligibility for future grants offered by CalRecycle. 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. 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 CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 7 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 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. CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 8 Limited Waiver of Sovereign Immunity and Consent to Jurisdiction The Grantee expressly and irrevocably waives sovereign immunity (and any defenses based thereon) in favor of CalRecycle, but not as to any other person or entity, as to any dispute which specifically arises under this Agreement and not as to any other action, matters or disputes. The Grantee does not waive its sovereign immunity with respect to (i) actions by third parties, except for parties acting on behalf of, under authorization from the Grantee or CalRecycle, or (ii) disputes between the Grantee and CalRecycle which do not specifically arise under this Agreement. The Grantee further agrees that exhaustion of tribal administrative remedies, including before any tribal court, shall not be required prior to proceeding to filing a complaint in the appropriate court of law; and The Grantee and CalRecycle agree that any monetary damages awarded or arising under this Agreement shall be exclusively limited to actual direct damages incurred based on obligations contained in this Agreement that have been demonstrated with substantial certainty and which do not, in any event, exceed the total amount of the award under this Agreement. The Grantee and CalRecycle agree not to assert any claim for damages, injunctive, or other relief which is not consistent with the provisions of this Agreement; and The Grantee and CalRecycle may seek, and the Grantee may seek after it has exhausted any available remedy through the Government Claims Program and the Program so approves, judicial review for breach of contract in the State Superior Court for Sacramento County, including any appellate proceedings. The Grantee and CalRecycle expressly consent to the jurisdiction of such Court, provided that: (a) No person or entity other than the Grantee and CalRecycle is a party to the action, unless failure to join a third party would deprive the court of jurisdiction; provided, however, that nothing herein shall be construed to constitute a waiver of the sovereign immunity of the Grantee or CalRecycle in respect to any such third party. (b) The judgment so entered has the same force and effect as, and is subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced like any other judgment of the court in which it is entered. Nothing in this Agreement shall be construed to constitute a waiver of the sovereign immunity of the Grantee with respect to intervention by any additional party not deemed an indispensable party to the proceeding. Unless otherwise agreed by the Grantee and CalRecycle, any dispute resolution meetings or communications, or mediation, shall be in the context of a settlement discussion to potential litigation and remain confidential to the extent not prohibited by applicable law. CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 9 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 (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. CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 10 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 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 CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 11 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. Grantee's violation of this provision shall result in Grantee's reimbursement to CalRecycle of the amount of grant funds used to purchase said equipment and supplies. (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. CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 12 (d) Significant deviations from the established practices of the organization which may unjustifiably increase the grant costs. 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 (https://www.calrecycle.ca.gov/laws/regulations/titlel4), Division 7, has occurred with respect to the contractor or subcontractor within the CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 13 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 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 CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 14 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 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. CalRecycle's Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 15 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 Non-Competitive Grant Terms and Conditions — Revised 6/21/2022 16 Recycle April 2023 Department of Resources Recycling and Recovery Exhibit B Procedures and Requirements Local Enforcement Agency Grant Program Cycle 34 Fiscal Year 2023-24 Copies of these Procedures and Requirements must be shared with both the Finance Department and the staff responsible for implementing the grant activities. Procedures and Requirements Local Enforcement Agency Grant Program (FY 2023-24) 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, and records and audit requirements. This document is attached to, and incorporated by reference, into the Grant Agreement. Milestones July 1, 2023: Grant Term and Grant Performance Period Begin June 30, 2024: Grant Performance Period Ends July 1, 2024— October 29, 2024: Report Preparation Period October 29, 2024: Final Report and Final Payment Request Due Grants Management System (GMS) GMS is CalRecycle's web-based grant application and Grants 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:Hsecure.calrecycle.ca.gov/WebPass/). Accessing the Grant Grantees must log in to GMS (https:Hsecure.caIrecycle.ca.gov/Grants) using their web pass. After logging in, 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: Grantee requests reimbursement. • Reports tab: Grantee uploads required reports. • Interest: Shows earned interest on an advance payment. • Documents tab: Grantee uploads all other grant documents that are not 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. The following sections describe the reports, transactions, and supporting documents CalRecycle requires. Contact Updates Access to the grant is limited to those listed in the Contacts tab of the Application Module with the "Allow Access" check box marked. A contact may be listed but not Procedures and Requirements Local Enforcement Agency Grant Program (FY 2023-24) 2 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 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. Procedures and Requirements Local Enforcement Agency Grant Program (FY 2023-24) 3 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 or subcontractor to commence work under this grant, the grantee shall submit to the Grant Manager a declaration from the contractor or subcontractor, 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 or subcontractor. The grantee must submit this form for each contractor and subcontractor working under the grant. If a contractor or subcontractor is placed on the CalRecycle Unreliable Contractor List (https://www.caIrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the grantee may be required to terminate the contract. Obtain the Reliable Contractor Declaration form (CalRecycle 168) from CalRecycle's Grant Forms web page (https://www.caIrecycle.ca.gov/Funding/Forms/). The grantee must upload a scanned copy of each signed Reliable Contractor Declaration form 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 "Grants Management System" section (above) Procedures and Requirements Local Enforcement Agency Grant Program (FY 2023-24) 4 Grant Term, Grant Performance Period, and Report Preparation Period The Grant Term begins on July 1, 2023 and ends on October 29, 2024. The grantee must make all grant-eligible program expenditures and incur all grant-eligible costs within this period. Expenditures made or costs incurred prior to July 1, 2023 or after the end date are not eligible for reimbursement. Most costs are further limited during the Report Preparation Period (below). The Grant Performance Period begins on the date of the July 1, 2023 and ends on June 30, 2024. The Report Preparation Period is from July 1, 2024, through October 29, 2024. 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. The Final Report and final Payment Request are due on October 29, 2024. Eligible Costs Grantees may incur eligible costs only during the Grant Term, which starts July 1, 2023 and ends on October 29, 2024. All grant expenditures must be for activities, products, and costs specifically included in the approved Budget. To be eligible for reimbursement, costs must be incurred after July 1, 2023 and before the end of the Grant Performance Period on June 30, 2024. 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, or mileage). o Mileage reimbursement covers: • Gasoline • The cost of maintenance (oil, lube, routine maintenance) • Insurance (liability, damage, comprehensive and collision coverage) Procedures and Requirements Local Enforcement Agency Grant Program (FY 2023-24) 5 • Licensing and registration • Depreciation and all other costs associated with operation of the vehicle • Expenses related to preparation of the Final Report and the Final Payment Request during the Report Preparation Period identified in the Milestones table above. Personnel expenditures must be computed on the actual time spent on grant-related activities. For calculating total personnel expenses for each employee, the expenditures must be documented by, • The names and classification(s) of the employee(s) • The hourly wage • Fringe benefits rate • The number of hours worked on grant-related activities These records must be available upon request for audit purposes. Travel and per diem reimbursement is limited to a maximum of the state rate as described in the Travel Reimbursements section (http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx) of the California Department of Human Resources. Ineligible Costs Any costs not specifically included in the approved Budget and not directly related to the Local Enforcement Agency Grant Program and the approved grant project are ineligible for reimbursement. The grantee should contact the Grant Manager if clarification is needed. Ineligible costs include, but are not limited to: • Costs incurred prior to July 1, 2023 or after June 30, 2024, (except for costs incurred during the Report Preparation Period, July 1, 2024—October 29, 2024, to prepare the Final Report and Final Payment Request). • 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.) • Cleanup of illegal dumping. • Costs currently covered or incurred under another CalRecycle loan, grant, grant cycle, or contract. • Landfill operations. • Out-of-state travel. Procedures and Requirements Local Enforcement Agency Grant Program (FY 2023-24) 6 • 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. The grant manager may disallow any costs deemed unreasonable or unrelated to the purpose of the grant. Modifications The grantee must submit any proposed revision(s) to the Budget in writing to the Grant Manager. The grantee may not incur costs or make expenditures based on the revision without first receiving the Grant Manager's written approval. Proposed revisions must be clearly marked on the Budget Modification Template and must be accompanied by a summary of proposed changes or modifications, including justification for the proposed changes. The grantee may submit proposed revisions in conjunction with the Final Report, but they cannot be submitted as part of theFinal Report. If approved, the Grant Manager will upload the final revised Budget to GMS and notify the grantee. The grantee should retain the approval document(s) for audit purposes. See the "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, 2024. Budget changes must be provided using the Budget Modification Template and emailed to the Grant Manager. The Budget Modification Template is located in the Summary tab under Resource Documents in the Grant Management section of GMS. Acknowledgements The grantee shall acknowledge CalRecycle's support each time a project funded, in whole or in part, by this Agreement is 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. Contact your Grant Manager for the CalRecycle logo. Reporting Requirements The Grant Agreement requires a Final Report; however, the Grant Manager may require Progress Reports 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 grantee must upload all reports in GMS. For further instructions regarding GMS, including login directions, see the "Grants Management System" section (above). To upload a report: 1. Go to the Reports tab. Procedures and Requirements Local Enforcement Agency Grant Program (FY 2023-24) 7 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 the Grant Agreement and may result in the termination of the Grant Agreement, 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 grantee must report any problems or delays immediately to the Grant Manager. Electronic and Original Signatures CalRecycle requires certified e-Signature on documents or forms that certify legally binding information. Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be the "Fill and Sign" function within Adobe. Any documents using the "Fill and Sign" method will be considered incomplete and may be sent back to the grantee. If you have questions, email grantassistance(D-calrecycle.ca.gov. Final Report The Final Report is due October 29, 2024. This report should cover grant activities from July 1, 2023 through June 30, 2024. The grantee must include the following items in the Final Report: • The Grant Number, grantee's name, and Grant Term. • The following disclaimer statement on the cover page: "The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The state makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text." • Budget categories of the approved budget in GMS. • Listing of actual costs under each Budget Category. o Adequate detail must be included so that the Grant Manager can ensure expenditure is compliant with the eligible cost requirements. (Personnel: provide staff classification, salary, number of hours, and hourly rate.) o See Final Report template for required information. Procedures and Requirements Local Enforcement Agency Grant Program (FY 2023-24) 8 Grant Payment Information • Grantees may request an advance of 100 percent of the grant award. When the request is approved, the grantee will be advanced 90 percent and 10 percent will be withheld. The advance payment must be fully reconciled by the end of the Grant Term, and costs incurred may be reconciled only for those materials and services specified in the approved grant application. a. Please Note: There is a new procedure for submitting your payment request for advances this cycle. Please refer to the Advance Payment section in the Guidelines and Instructions. • Grantees may opt not to request an Advance. Payments to these grantees for eligible grant expenses are made on a reimbursement basis only, and only for those materials and services specified in the approved grant application. • The grantee must submit the required Final Report prior to, or concurrent with, submission of the Grant Payment Request. No reimbursement is made prior to Grant Manager approval of the report. Grantees are not required to wait until the end of the Grant Term (October 29, 2022) to request reimbursement and submit a Final Report. A payment request and Final Report may be submitted at any time within the Grant Term. Grantees are encouraged to submit their payment request and Final Report when they have expended the grant budget. • The grantee must submit a completed Grant Payment Request and provide supporting documentation as described in the "Payment Request and Documentation" section. • CalRecycle will make grant payments to only the grantee. It is the grantee's responsibility to pay all contractors and subcontractors for purchased goods and services. • CalRecycle will withhold and retain 10 percent of each approved Grant Payment Request amount until all conditions stipulated in the Agreement, including submission and Grant Manager approval of the Final Report have been satisfied. • 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 the Grant Manager approves a Grant Payment Request. • 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 contractors and subcontractors in accordance with the "Reliable Contractor Declaration" section of the Terms and Conditions (Exhibit A). The declaration must be received and approved by the Grant Manager prior to commencement of work. See the "Reliable Contractor Declaration" section 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. The grantee must submit payment requests in GMS. For further instructions regarding GMS, including login directions, see the "Grants Management System" section (above). To submit a Grant Payment Request: 1. Go to the Payment Request tab. 2. Click on the Create a Payment Request button. Procedures and Requirements Local Enforcement Agency Grant Program (FY 2023-24) 9 a. Choose Reimburse for the Transaction Type and enter the amount spent in each budget subcategory. b. When the transaction is complete, click the Save button. c. After the transaction is saved, the Upload Supporting Documents button will appear in the lower right corner. 3. Click the Upload Supporting Documents button. a. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save. b. Select the Back button to upload another document and continue this process until all required supporting documents as listed below are uploaded. c. 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. a. 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. Supporting Documentation • Grant Payment Request form (CalRecycle 87) o A scanned copy 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. • Cost and Payment Documentation o Grantee must show the total funds expended by expense category in the Final Report. o The Grant Manager may require additional cost and payment documentation as necessary to verify eligible costs. All forms listed above are available from the CalRecycle Grant Forms web page (https://www.caIrecycle.ca.gov/Funding/Forms). 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 expended, create another Interest Record by following the same steps Procedures and Requirements Local Enforcement Agency Grant Program (FY 2023-24) 10 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, or at any time thereafter within the grant term. 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. CalRecycle may stipulate a longer period of records retention 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, 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 funds, invoices, and cancelled checks. Please refer to the Terms and Conditions (Exhibit A) for more information. Procedures and Requirements Local Enforcement Agency Grant Program (FY 2023-24) 11 CM Recycle 2 Grants Management System (GMS) Application Generated By:Andrea Smith Application Information Applicant: Fresno County Cycle Name: Local Enforcement Agency Grants Application Due Date: 5/11/2023 Cycle Code: EA34 Secondary Due Date: 6/13/2023 Grant ID: 26853 Grant Funds Requested: $28,676.00 Request Advance Payment: Yes Matching Funds: $0.00(if applicable) Awarded Funds: $28,676.00 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 2023-24 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:- Jurisdiction: Fresno-Unincorporated County: Fresno Contacts Prime Second Auth Cnslt Sukhdeep Sidhu Title:Supervising Environmental Health Special X Phone:5596003271 1221 Fulton Street Fax: Fresno,CA 93721 Email:ssidhu@fresnocountyca.gov Kevin Tsuda Title:Environmental Health Specialist III X Environmental Health Division Phone:5596003271 1221 Fulton Street,3rd Floor Fax: PO Box 11867 Email:ktsuda@fresnocountyca.gov Fresno,CA 93721 Sal Quintero Title:Chairman,Board of Supervisors X Board of Supervisors Phone:5596003000 2281 Tulare Street,Room 301 Fax:5596001609 Fresno,CA 93721 Email:Environmental Health@fresnocountyca.gov David Luchini Title:Director Department of Public Health X Department of Public Health Phone:5596006402 1221 Fulton Street,3rd Floor Fax: PO Box 11867 Email:dluchini@fresnocountyca.gov Fresno,CA 93775-1867 Vincent Mendes Title:Division Manager X Environmental Health Division Phone:5596003271 1221 Fulton Street Fax: Fresno,CA 93721 Email:vmendes@fresnocountyca.gov Hoa Gip Title:Environmental Health Specialist II X Environmental Health Division Phone:5596003271 1221 Fulton Street,3rd Floor Fax: PO Box 11867 Email:hgip@fresnocountyca.gov Fresno,CA 93721 https://secure2.caIrecycle.net/GRANTS/Grant/Grant.aspx?GrantI D=26853 Date Generated:August 15,2023 2:03 PM Page 1 of 2 Budget Category Name Amount Analysis/Evaluation/Testing/Demo $0.00 Compliance/InspectionNisit/Enforcement $0.00 Education $864.00 Equipment $9,937.00 Personnel $5,875.00 Training $12,000.00 Transportation $0.00 No Site Information Provided Documents Document Title Received Date Required Application Certification Signed Application Certification 5/9/2023 Required By Secondary Due Date Resolution-Lead Participant LEA-5 year Resolution 2023-2024 5/8/2023 Other Supporting Document(s) Grant Payment Request Form Letter of Authorization/Resolution Letter of Designation 5/10/2023 Letter of Designation Letter of Designation 2023 5/9/2023 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:Hsecure2.calrecycle.net/GRANTS/Grant/Grant.aspx?Grantl D=26853 Date Generated:August 15,2023 2:03 PM Page 2 of 2 California Department of Resources, Recycling and Recovery (CalRecycle) 2023-24 Local Enforcement Agency Grant Program Award (EA34-23-0072) Fund: 0001 Subclass: 10000 Org: 56204882 Revenue Acct: 3530