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HomeMy WebLinkAbout32107EXHIBIT A TERMS AND CONDITIONS Local Government Waste Tire Enforcement Grant Program Fiscal Year 2014-15 The following terms used inthis 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 LocalGovernment Waste Tire Enforcement 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) Inviolation 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 ofwaste 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 10/1/2014 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.Ifit 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 10/1/2014 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 ofits 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 Registrymaintained bythe 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 bythis Agreement shall be given in writing byemail, letter, or fax to the Grant Manager as identified inthe Procedures and Requirements (Exhibit B).Ifan 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 provideevidence, 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 Actare met forany approvals or other requirements necessary to carry out the terms ofthis Agreement. The grantee shall ensure that allof grantee's contractors and subcontractors have all local,state,and/or federal permits,licenses, registrations,certifications,and approvals required to performthe workfor 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 withthis Agreement,CalRecycle must be contacted immediately for clarification. Current State Employees (Pub.Contract Code,§10410): (a) Noofficeror employee shall engage inany 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 officeror employee may enter into a contract inwhich 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 10/1/2014 3 (b) For the twelve-month period from the date he or she left state employment,no former state officeror employee may enter intoa contract with any state agency ifhe or she was employed by that state agency in a policy-making position inthe 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 10/1/2014 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: CalRecycle's Entitlement Grant Terms and Conditions -Revised 10/1/2014 5 (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. 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. FORFEIT OF GRANT FUNDS/REPAYMENT OF FUNDS IMPROPERLY EXPENDED If grant funds are not expended,or have not been expended,in accordance with this CalRecycle's Entitlement Grant Terms and Conditions -Revised 10/1/2014 6 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 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 CalRecycle's Entitlement Grant Terms and Conditions -Revised 10/1/2014 7 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 (c)Procedures and Requirements (d)Project Summary/Statement of Use CalRecycle's Entitlement Grant Terms and Conditions -Revised 10/1/2014 8 (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 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 Entitlement Grant Terms and Conditions -Revised 10/1/2014 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 infirst priorityposition 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 eligibilityof 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 10/1/2014 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. 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 CalRecycle's Entitlement Grant Terms and Conditions -Revised 10/1/2014 11 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 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 CalRecycle's Entitlement Grant Terms and Conditions -Revised 10/1/2014 12 those expenditures,and that grantee shall provide those records to the Attorney General upon request. UNRELIABLE LIST 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.Ifa contractor is placed on CalRecycle's Unreliable List after award of this Grant,the grantee may be required to terminate that contract. 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 10/1/2014 13 EXHIBIT B PROCEDURES AND REQUIREMENTS LOCAL GOVERNMENT WASTE TIRE ENFORCEMENT GRANT PROGRAM 22nd Cycle -Fiscal Year 2014-15 Copies of these Procedures and Requirements should be shared with BOTH the Finance Department AND the staff responsible for implementing the grant activities. INTRODUCTION The Local Government Waste Tire Enforcement (TEA)Grant Program is administered through the Department of Resources Recycling and Recovery (CalRecycle).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 NTP Date Grant Term and Grant Performance Period Begins on date indicated on the Notice to Proceed (NTP) February 29,2016 Progress Report Due NTP Date -Grant Performance Period Ends June 29,2016 June 30,2016 -Report Preparation Period September 30,2016 September 30,2016 Final Progress Report and final Payment Request Due September 30,2016 Grant Term End No extensions will be granted for submittal of Final Progress Report and final Payment Request.Failure to submit the Final Progress Report and final Payment Request with appropriate documentation by September 30,2016 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 reimbursement. GRANT 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/). Local Government Waste Tire Enforcement Grant Program,FY 2014-15 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. •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,ifa 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. 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. GRANT TERM,GRANT PERFORMANCE PERIOD,AND REPORT PREPARATION PERIOD The Grant Term and Grant Performance Period both begin the date indicated in the Notice to Proceed (NTP).The Grant Term ends on September 30,2016.This is also the date the Final Progress Report and final Payment Request are due to CalRecycle. The Grant Performance Period begins on the date indicated in the NTP and ends on June 29,2016.Grant-eligible program expenditures may start no earlier than the date indicated in the NTP and end on June 29,2016.In all cases,eligible program costs must be incurred no later than June 29,2016. The period from June 30,2016 to September 30,2016 is the Report Preparation Period. Costs incurred to prepare the Final Progress Report and final Payment Request are the only costs that are eligible for reimbursement during the Report Preparation Period. Local Government Waste Tire Enforcement Grant Program,FY 2014-15 ELIGIBLE COSTS All grant expenditures must be for activities,products,and costs specifically included in the approved Budget.Eligible costs must be incurred,services provided and goods received after receiving a NTP and before the end of the Grant Performance Period. Eligible costs generally include approved costs necessary to perform eligible activities and enforce waste tire permitting,hauling and storage laws and regulations.To be considered for eligibility,costs must be reasonable,cost-effective and adequately supported;incurred during the Grant Performance Period which starts when the Grantee receives a NTP from CalRecycle and ends on June 29,2016.See the section entitled "Grant Term, Grant Performance Period,and Report Preparation Period" for additional information. Administrative Costs Administrative Costs are comprised of the work the Grantee performs to manage the program as a whole.The amount requested under Administrative Costs must be less than or equal to 15 percent of the total approved Budget. Any activities/costs not specifically listed below must be pre-approved in writing by the Grant Manager to be reimbursable.The following activities/costs are eligible. •Preparing and submitting TEA 22 Progress Reports,Payment Requests,and all other required documents,forms and information.Grantees are required to submit a Progress Report and Final Report and Payment Request. •Discussing with the Grant Manager eligible grant activities,progress reporting, Payment Requests and supporting documentation,and Budget changes. •Developing and maintaining an accurate system to capture and report staff time for waste tire enforcement,activities and costs,and monitoring activities,costs, and systems for accuracy,completeness,and eligibility. • Writing policies,processes and procedures for tracking and reporting staff time, activities and costs,and meeting with the grantee's own tire enforcement staff to discuss these items. •Maintaining files of documentation and records to support grant activities and costs. •Cooperating with CalRecycle,California Department of Finance and California Bureau of State Audits auditors during the audit of any TEA grant cycles,and responding to audit reports and findings,as long as audits are not otherwise included in an approved overhead or indirect cost rate or Board of Supervisors or City Council approved rate already being charged to the grant. Education Education takes many forms and includes the grantee's efforts to inform tire businesses of waste tire hauling,storage,permitting,and disposal laws and regulations. Education materials include items such as brochures and presentations.The final draft or mock-up of these items must be approved,in writing, by CalRecycle before the item goes to the printer or supplier, or is presented to tire businesses.Ifa presentation or other items were approved by CalRecycle in a prior grant cycle,they must be approved again in writing by CalRecycle to ensure that the items still comply with current laws and regulations. Local Government Waste Tire Enforcement Grant Program.FY 2014-15 3 Grantees may continue to distribute brochures that were purchased under previous grant cycles as long as the information is still accurate.Failure to obtain the Grant Manager's written approval for outreach materials may result in those activities and costs being ineligible for reimbursement;any such costs may be deducted from the Grantee's Payment Request. Any activities/costs not specifically listed below must be pre-approved in writing by the Grant Manager to be reimbursable.The following activities/costs are eligible. •Researching grant requirements and waste tire permitting,hauling,storage and disposal laws,regulations,policies,processes,procedures and protocols,and developing outreach materials,brochures,and presentations. • Identifying waste tire businesses,informing them of applicable waste tire laws and regulations,and distributing educational brochures and information as needed.This may include obtaining Waste Tire Management System (WTMS) reports of newly issued Tire Program Identification (TPID)numbers,or canvassing business areas to determine if new or established businesses perform waste tire activities. •Obtaining TPIDs for businesses that perform waste tire activities that should be monitored. •Developing tools to track outreach activities. •Providing outreach as requested by CalRecycle. •Discussing outreach activities with CalRecycle Inspectors or the Grant Manager. •Meeting with the grantee's own tire enforcement staff to discuss outreach planning,events and activities,reporting,etc.This may include on-the-job outreach training for new grantee tire enforcement staff. •Coordinating outreach with other grantees when both the city and county in which they are located are grantees.This coordination is essential to ensure no duplication or gaps in activities. •Exchanging information with Collaborative Jurisdictions and other organizations on outreach related activities. Enforcement Enforcement includes the steps beyond inspections that a grantee takes to identify and bring into compliance those that illegally haul waste tires, or store and dispose of 500 or more waste tires.Priority should be given to those situations that pose the greatest risk to public health and safety,and the environment.The amount requested under Enforcement must be less than or equal to 75 percent of the approved Budget under Inspections. Any activities/costs not specifically listed below must be pre-approved in writing by the Grant Manager to be reimbursable.The following activities/costs are eligible. •Researching,surveying,identifying,and documenting: o Illegal waste tire disposal sites and activities. o Individuals responsible for illegal dumping of waste tires. o Owners of private property on which illegal dumping of waste tire is occurring. o Unregistered waste tire haulers.(Grantees must refer illegal haulers to CalRecycle within 30 days of identification.) •Conducting and reporting on investigations,surveillance and other waste tire enforcement activities related to illegal waste tire hauling,storage and disposal. Local Government Waste Tire Enforcement Grant Program,FY 2014-15 4 •Making waste tire enforcement referrals to CalRecycle and local law enforcement,as appropriate. •Gaining an understanding of allowable and appropriate waste tire enforcement activities and preparing enforcement actions or referrals.Researching sources such as:grantee and CalRecycle databases;past enforcement activities;grant requirements;and,waste tire permitting,hauling,storage and disposal laws, regulations,policies,processes,procedures and protocols. •Participating in task forces,working groups,etc.actively involved in waste tire enforcement activities within the grantee's jurisdiction. •Providing waste tire storage,hauling and disposal awareness training to local law and code enforcement personnel within the grantee's jurisdiction to encourage referrals or citations of illegal waste tire dump sites,illegal waste tire dumpers, and unregistered waste tire haulers.(Awareness training is generally limited to 1 hour per session.) •Working with CalRecycle,the California Highway Patrol,and local law enforcement to establish checkpoints to identify unregistered waste tire haulers. •Assisting CalRecycle with the investigation of waste tire referrals,complaints, violations,discrepancies,legal records searches,etc. • Writing policies,processes,procedures and protocols related to planning, preparation,performance,and reporting of waste tire enforcement and associated activities. •Developing tools to track waste tire enforcement-related activities,including maintaining appropriate enforcement and referral documents and files. •Discussing planning,preparation,performance,reporting,etc.issues related to waste tire enforcement and associated activities with CalRecycle Inspectors and the Grant Manager. •Meeting with the grantee's own tire enforcement staff to discuss planning, preparation,performance and reporting issues related to waste tire enforcement and associated activities,and applicable waste tire laws,regulations,policies, processes,procedures,etc.This may include on-the-job waste tire enforcement training for new grantee tire enforcement staff. •Investigation and enforcement activities approved in writing by the Grant Manager,such as working with the local District Attorney (DA),attending administrative,court and/or CalRecycle hearings,and supporting case development. •Reporting to CalRecycle all enforcement actions on waste tire-related cases, including any referrals to the DA's Office and any actions taken by the DA's Office on waste tire related cases. •Preparing and submitting CalRecycle Surveillance forms (CalRecycle 229). •Coordinating waste tire enforcement activities with other grantees when both a city and the county in which the city is located are TEA grantees.This coordination is essential to ensure no duplication or gaps in inspections. •Exchanging information with Collaborative Jurisdictions on waste tire enforcement-related activities. •Obtaining inspection and other warrants as needed,participating with local law enforcement activities,performing interviews and field investigations,developing enforcement cases,etc. • Following up in locations with known illegal waste tire dumping or where complaints and referrals have been received.This is sometimes referred to as Local Government Waste Tire Enforcement Grant Program.FY 2014-15 5 "field patrolling".This activity should be purposeful and should be focused on known areas of illegal waste tire dumping.Grantees should also be able to show substantive results from this activity,such as identification and citation of illegal waste tire dumpers or unregistered waste tire haulers,decreases in illegally dumped waste tires,etc. •Coordinating,and reviewing regulations and procedures,with Local Conservation Corps regarding performing cleanup,amnesty event,and other similar or related activities. Note:LCC must seek prior approval from CalRecycle to cleanup tire locations with 500 or more waste tires. NOTE:Local enforcement costs are not eligible for reimbursement when they are related to the storage or cleanup of tire piles of less than 500 waste tires. Equipment Equipment is needed to perform eligible waste tire enforcement activities and to maintain the health and safety of staff performing those activities.In general,all equipment,materials and supplies necessary to perform eligible waste tire enforcement activities are eligible.The amount requested under Equipment must be less than or equal to 10 percent of the total approved Budget. Any activities/costs not specifically listed below must be pre-approved in writing by the Grant Manager to be reimbursable.The following activities/costs are eligible. •Hand-held camera,standard and zoom lens,camera bag,film or memory stick, film processing or picture prints,connecting cords and standard accessories Portable GPS Range finder,tape measure,and other measuring devices Cell phone and monthly service Steel-toed work boots Waterproof rain gear,including coats,hats,pants,boots,gloves Clinometer Clipboard Binoculars and case Hard Hat Gloves (disposable and durable) Disposable face mask Safety glasses Reflective safety vest,lightweight windbreaker,or logo/identification vest Surveillance camera and standard accessories,such as video recording equipment and tripod, if CalRecycle free cameras are regularly unavailable when requested •Flashlight •Batteries and battery charger The Grant Manager must pre-approve the purchase of all items/costs not listed above and will consider items the grantee purchased in prior grant cycles.Failure to obtain the Grant Manager's written pre-approval may result in those items and costs being deducted from the grantee's Payment Request.Additionally,grantees may be Local Government Waste Tire Enforcement Grant Program,FY 2014-15 6 allowed to claim only a proportion of the cost of an item based upon the percentage of time staff is dedicated to the waste tire enforcement program. Law enforcement type items are ineligible under the TEA grant.However,there may be circumstances where communication devices (such as police-type radios)are necessary for the safety of enforcement staff.If there is a strong business need which cannot be reasonably accommodated by cell phones or through other means,the Grant Manager will consider requests for communication devices on a case-by-case basis Inspections Inspections are a core component of the grant and should be the area in which the grantee spends most of its time and money.Grantees may perform inspections at a variety of locations including on land owned by the federal or state government; however,inspections may not be performed on land owned by tribal governments. Inspection Priorities Grantees shall perform inspections in accordance with the following order of priorities: 1.Inspect unpermitted and/or illegal waste tire piles having greater than 500 waste tires at a location without authorization (Note:does not apply to unpermitted exempt or excluded facilities as defined in 14 CCR 17225.822).Grantees shall notify its CalRecycle inspector liaison within 48 hours.Grantees should attempt to conduct a joint inspection with CalRecycle whenever possible. 2.Inspect other waste tire violations that pose an immediate risk or threat to public health and safety,and the environment as pre-approved by their CalRecycle inspector liaison. 3.Inspect TPIDs listed on the "Inspection Priority List"provided by CalRecycle with your Notice to Proceed.Inspect other waste tire locations,operations and issues as requested by CalRecycle. 4.Re-inspect TPIDs within 30 days of the compliance deadline when a Notice of Violation is issued and documented on an Inspection Report. 5.Inspect other active*TPIDs after all CalRecycle requested inspections have been performed.These inspections must be performed in order of date last inspected (oldest first). 6.Inspect waste tire locations not covered by priority #1 above,including waste tire operations and tire related issues,in response to requests or complaints received from the general public,and from business and government representatives from within the grantee's own jurisdiction.Grantees must obtain pre-approval from their CalRecycle inspector liaison BEFORE performing these inspections. Inspections of closed*,inactive*,and previously inspected small quantity generators**MUST be pre-approved by CalRecycle.Failure to receive pre- approval may result in the grantee not being reimbursed for costs associated with the inspection. *"Active,inactive,and closed"refers to the TPID's Business Status listed in the WTMS. **"Small quantity generator"refers to the TPID's Business Role listed in the WTMS. When a new waste tire generator TPID is created in WTMS,it is automatically designated as a "small quantity generator"until waste tire manifest records submitted to CalRecycle show 50 or more waste tires being generated from the TPID within a three- year period. Local Government Waste Tire Enforcement Grant Program,FY 2014-15 7 Inspection Location In general,inspections should be performed at the site address shown in WTMS.If WTMS shows both a site and mailing address for the TPID and the addresses are in separate jurisdictions,grantees may only perform inspections of the TPID if the site address is in their jurisdiction,or for Collaborative Jurisdictions,within the scope of their Grant Agreements. If there is no site address listed in WTMS,and if the mailing address is in the grantee's jurisdiction,the grantee should contact the TPID representative to determine if the mailing address is also the site address.If the mailing address is also the site address, and the mailing/site address is in the grantee's jurisdiction or within the scope of the Grant Agreement,the grantee may perform an inspection of that TPID. If there is a separate site address,the grantee may only perform an inspection at the site address if it is in the grantee's jurisdiction or within the scope of the Grant Agreement.In all cases,when the grantee learns of the TPID's site address,that information must be submitted to the Hauler Hotline or to the CalRecycle inspector assigned to the grantee within 7 days and be noted on the Inspection Report. Inspection Frequencies Inspection frequencies have been incorporated into the "Inspection Priority List"and are as follows: • Only one routine inspection is allowed per active TPID. • A maximum of two re-inspections may be performed per active TPID ifa Notice of Violation was documented during the previous inspection. •Referral inspections may be performed as needed ifa referral,complaint,or other urgent information comes to the grantee's attention about a possible waste tire violation.If an inspection is performed for any of those reasons,grantees must note on the Inspection Report the information they received that necessitated the inspection,and must mark "Referral"as the Inspection Type on the Survey Form(CalRecycle 181).Grantees must obtain pre-approval from their CalRecycle inspector liaison BEFORE performing these inspections. • Only one observation inspection may be performed per active TPID per cycle, and is allowed under limited circumstances.To qualify as an observation inspection,the grantee must already be in the field and be prompted by an observation to perform a spontaneous inspection.If an observation inspection is performed,grantees must note on the Inspection Report the observation that prompted the spontaneous inspection,and must mark "observation"as the Inspection Type on the Survey Form (CalRecycle 181).An observation that prompts a spontaneous inspection is generally something that appears to be in violation of applicable waste tire laws and regulations. NOTE:Additional inspections may be performed if pre-approved in writing by CalRecycle.Unjustified duplicate inspections will not be reimbursed. Inspection Reports An Inspection Report documents what the Inspector observed during a field inspection of the TPID's site address,including statements made by the owners/operators of the site,as well as any statements or directives the Inspector made to the owner/operator. Local Government Waste Tire Enforcement Grant Program,FY 2014-15 8 The Report should also include comments as to whether or not previous Areas of Concern or Notices of Violation have been resolved. A Report may include more than one piece of paper,or be transmitted using WTMS' Web-based electronic inspection reporting system.It must include a Survey Form (CalRecycle 181), and may include an Inspection Form (CalRecycle 182),Comments Form (CalRecycle 183),and any other appropriate attachments such as photographs. These forms must be ordered from CalRecycle;however,examples can be viewed at http://www.calrecvcle.ca.goV/Tires/Enforcement/lnspections/Forms.htm#Sample.All inspections should be thoroughly documented so that the Report provides complete and accurate information in case future enforcement actions are taken.A Report should be able to stand on its own without any explanations or additional information. Some businesses have more than one role under its TPID.All business roles under one TPID must be inspected during the same field/site inspection and must be documented on one Report.Separate Reports are only allowed for separate TPIDs, not separate roles under one TPID. Ifthe Report documents a change of the TPID's Operational Status,the Inspector must document on the report the observation or information that led to the conclusion that the Operational Status should change.Definitions of Operational Status are found on the back of the Survey Form (CalRecycle 181). Reports may only be completed when the Inspector performs an inspection at the TPID's site address. •All reports should be submitted as expeditiously as possible,but not later than 30 days following the inspection date.Paper reports must be mailed to CalRecycle as indicated below: Grantee's Location Name Address Northern California Barbara Strough Department of Resources Recycling and Recovery Post Office Box 4025,MS 10A-17 Sacramento,CA 95812-4025 Central California Gerri Stryker Department of Resources Recycling and Recovery Post Office Box 4025,MS 10A-17 Sacramento,CA 95812-4025 Southern California Frank Simpson Department of Resources Recycling and Recovery 1955 Chicago Avenue,Suite 100 Riverside,CA 92507 Local Government Waste Tire Enforcement Grant Program,FY 2014-15 Notice of Violation Ifa violation is identified during an inspection: •Advise the tire business representative of the violation(s),issue the CalRecycle- provided Notice of Violation (NOV) (http://www.calrecycle.ca.g0v/Tires/Enforcement/lnspections/Forms.htm#NOV) and informational sheets,and indicate on the Inspection Report in sufficient detail to explain the violation and what needs to be corrected by the compliance deadline date to comply.The compliance deadline date must be written on the Inspection Report and should be no more than 30 days from the date of the inspection. o Re-inspect the tire business within 30 days of the NOV compliance deadline. Ifa violation is not corrected at the time of the first re-inspection but a good faith effort has been made,the grantee may extend the compliance deadline date once.The Inspection Report should show the same violation(s)as documented previously and indicate what corrections were made to justify an extension and how the business is still in violation.The extended compliance deadline date must be written on the inspection form at the time of re- inspection. o If the violation is not corrected by the second re-inspection,the grantee must continue to cite the same codes being violated and the reasons for the violation and refer the tire business and uncorrected violation(s)to CalRecycle for further enforcement action.The referral must be noted on the inspection form,and the grantee must complete and submit the CalRecycle Referral Form (CalRecycle 228) (http://www.calrecycle.ca.g0v/Tires/Enf0rcement/lnspecti0ns/F0rms.htm#Refe rral).(Note that this form has been recently revised.)The referral should be made within 30 days of the last re-inspection and must include evidence collected,including Inspection Reports and photographs. o If the violation is corrected after the first or second re-inspection,additional inspections are allowed only ifa request,complaint or referral is received about the TPID. NOTE:Grantees may make referrals to CalRecycle after the first inspection based upon the grantee's judgment of the severity of the non-compliance issue and the responsiveness of the tire business.If the violation is significant,or if it is anticipated that the violation will not be corrected,CalRecycle shall be notified immediately to allow for an expedited issuance of a Cleanup and Abatement Order. Maximum Hours Allowed Per Inspection When grantees prepare and submit their Payment Request for reimbursement of actual inspection costs,the maximum hours allowed per inspection depends on the grantee's record keeping system. If the grantee has a record keeping system that separately accumulates inspection hours for each TPID inspected with a waste tire count of 500 or more,the grantee may claim the actual number of hours spent on: •Each TPID inspected with a waste tire count of 500 or more;and, • All inspections with a waste tire count of 499 or fewer,as long as the average actual hours per inspection are four (4)hours or less. Local Government Waste Tire Enforcement Grant Program,FY 2014-15 10 For grantees that do not have the ability or desire to separately accumulate inspection hours for each TPID inspected with a waste tire count of 500 or more,the grantee may claim the actual number of hours spent on all inspections as long as the average actual hours per inspection is four (4)hours or less. NOTE:Time in and out,on the Inspection Report,does not limit reimbursable hours to that period of time. Also,inspection preparation and report writing tasks may be performed on days other than the date of the inspection. In general,all activities related to planning and performing inspections of active businesses with TPID numbers,preparing and submitting CalRecycle Survey and Inspection Forms (CalRecycle 181 and 182),and tracking inspection results,are eligible. Any activities/costs not specifically listed below must be pre-approved in writing by the Grant Manager to be reimbursable.The following activities/costs are eligible: •Researching CalRecycle's WTMS and the grantee's own database of inspections,to develop a complete Plan of Inspections to be performed during the Grant Performance Period. • Training on how to perform inspections,including on-the-job inspection training for new grantee tire enforcement staff. •Preparing to conduct a specific inspection by researching sources such as: grantee and CalRecycle databases;past inspections and enforcement activities; grant requirements;and,waste tire permitting, hauling storage and disposal laws, regulations,policies,processes,procedures and protocols. • Writing policies,processes,procedures,and protocols related to planning, preparation,performance and reporting of inspections and associated activities. •Developing tools to track inspection-related activities including maintaining files of Inspection Report copies. •Discussing planning,preparation,performance,and reporting of inspections and associated activities with CalRecycle Inspectors and the Grant Manager. • Meeting with the grantee's own tire enforcement staff to discuss planning, preparation,performance and reporting of inspections and associated activities, and applicable waste tire laws,regulations,policies,processes,procedures,etc. This may include on-the-job inspection training for new grantee tire enforcement staff. •Updating and correcting Survey and Inspection Report data,and tire business information,in CalRecycle's WTMS and the grantee's own database. • Correcting Survey and Inspection Reports when requested by CalRecycle for correction of inaccurate information,or completion of missing information. •Coordinating inspections with other grantees when both a city and the county in which the city is located are TEA grantees.This coordination is essential to ensure no duplication or gaps in inspections. • Exchanging information withCollaborative Jurisdictions on complaints, referrals, inspections,and other inspection related activities. •Attempting and completing an on-site inspection. • Providing technical assistance to tire businesses on waste tire laws and regulations, and distributing educational brochures and information as needed. (This may occur during or after inspection,or when no inspection has been performed and a tire business has contacted the grantee for information, Local Government Waste Tire Enforcement Grant Program,FY 2014-15 11 assistance and guidance.This activity is also eligible under Education.) •Performing inspections and completing all applicable sections of CalRecycle Survey and Inspection forms for each complete inspection. •Completing a CalRecycle Referral Form (CalRecycle 228)and gathering appropriate documentation when a tire business is referred to CalRecycle for enforcement action.(This activity is also eligible under Enforcement.) •Submitting the survey,inspection and referral forms every month. Neither the TEA Grant Program nor the terms of the Grant Agreement affects or changes CalRecycle's rightto enter any Californiajurisdiction for the purpose of:(1) enforcing regulations relating to the storage of waste tires and used tires,as provided in Public Resources Code (PRC)Section 42850(c);(2)enforcing regulations relating to the hauling of waste and used tires,as provided in PRC Section 42963(b);and (3) fulfilling any other enforcement obligations with which it is charged by statute or regulation. Training Reimbursement for training is limited to tire enforcement staff and supervisors.Limited grantee-provided training may be allowed under this Budget category. When multiple sessions of a training event are scheduled,grantees must attend the session closest to their locations.Exceptions for attending classes that are not the closest must be supported by a compelling justification.If attending an event with multiple subjects of which only part is related/beneficial to waste tire enforcement,the portion of the class fee charged to the TEA grant must be proportionally-related to the proportion of the class time devoted to waste tire enforcement. Any activities/costs not specifically listed below must be pre-approved in writing by the Grant Manager to be reimbursable.The following activities/costs are eligible. • Attending the following mandatory trainings (grantees must send at least one inspector to each of these events): o CalRecycle-sponsored waste tire Round Tables o WTMS Training o Annual Technical Training Series or similar name •Attending the following eligible non-mandatory training: o CalEPA sponsored Enforcement Symposium o Basic Inspector Academy o Conducting Effective Interviews for Inspectors o Environmental Enforcement Training o Basic and refresher health and safety classes • Providing training or participating in meetings,trainings and/or conferences as requested by CalRecycle. •Coordinating and hosting Round Tables or other CalRecycle-sponsored training events. •Travel and per diem o All travel costs must be in accordance with the California State Travel policies (http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx). Reimbursable mileage and other travel expenses (per diem)may not exceed the state rates as set forth in the State Administrative Manual. Local Government Waste Tire Enforcement Grant Program, FY 2014-15 12 Transportation Transportation necessary to perform waste tire enforcement activities is eligible. The amount requested under Transportation must be less than or equal to 10 percent of the total approved Budget. Eligible items include using a grantee-owned or personal vehicle. Any activities/costs not specificallylisted belowmust be pre-approved in writing bythe Grant Manager to be reimbursable.The following activities/costs are eligible. •Grantees may claim vehicle usage costs based upon actual mileage at the lesser of the grantee or state mileage rate. Mileage rates generally cover the cost of fuel,maintenance,insurance,licensing,registration,depreciation,and all other costs associated with operation and usage of the vehicle.Therefore,grantees cannot claim vehicle usage costs using both a mileage rate and the separate cost of the items covered by the mileage rate.Grantees should use the rate in effect at the time the mileage was incurred. •Travel and per diem (this is also eligible under Training). All travel costs must be in accordance with the California State Travel policies (http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx).Reimbursable mileage and other travel expenses (per diem) may not exceed the state rates as set forth in the State Administrative Manual.Documentation submitted for travel reimbursement must include departure and return times and dates. INELIGIBLE COSTS Any costs not specifically included in the approved Budget, not specifically listed in the Procedures and Requirements and not directly related to performance of eligible activities are ineligiblefor reimbursement.Contact the Grant Manager if clarification is needed.Ineligible costs include,but are not limited to: Costs incurred prior to the date of the Notice to Proceed (NTP) letter or after June 29,2016. Expenditures outside the grantee's jurisdiction(s), or not specified in the approved Budget. Any costs that are not consistent with local,state,and federal laws, guidelines and regulations. Costs associated with Amnesty Day events,such as creating and distributing hauler exemption letters. Enforcement activities related to tire storage or disposal when 499 or fewer waste tires are present. Investigating reports of local code violations that don't involve waste tires. Educational activities provided to the general public via small and large community events such as car shows,earth fairs, county fairs, and presentations to groups or at events consisting primarily of K-8 children. Costs associated with activities related to the use of recycled products. Costs associated with the clean-up of illegally dumped waste tires. Preparing and submitting the TEA22 grant application. Responding to CalRecycle questions about the grantee's TEA20 or TEA21 final Payment Request,Progress Reports, and supporting documentation. •Costs that the Grant Manager deems unreasonable,excessive,ineligible, inappropriate,duplicative or not related to the TEA Grant Program. LocalGovernment Waste Tire Enforcement Grant Program, FY 2014-15 13 BUDGET CHANGES Any proposed revision(s) to Budget must be submitted inwriting and pre-approved in writing by the Grant Manager priorto grantee incurringthe proposed expenditure.The approval document should be retained by the grantee for audit purposes.See Audit Record/Access section of the Terms and Conditions (Exhibit A). The Budget in GMS describes the approved grant activities and costs and becomes part of the Grant Agreement. The grantee may make operational and financial adjustments for activities within each of the education,training (except for mandatory training subcategory),equipment, and/or transportation categories of the Budget. The grantee may also adjust allocated funds between the education,training (except for mandatory training subcategory),equipment,and transportation categories of the Budget, provided that the total of all changes not exceed the greater of $5,000 or 10 percent of the grant award. No operational or financial reductions to the inspection and enforcement categories or mandatory training subcategory are permitted without a compelling justification and pre- approval, in writing,by the Grant Manager.Prior to preparing a Payment Request,the grantee must provide Budget (financial)change information to the Grant Manager so that appropriate changes can be made to the Budget tab in GMS.All operational and financial adjustments must also be reflected in the Progress and/or Final Progress Report,as applicable.Retain all notifications to and approvals from the Grant Manager in your grant file for audit purposes. Changes to the inspection and/or enforcement categories must be requested before submitting the final Payment Request.All requested changes must be submitted via e- mail.In unforeseen circumstances,where public health and safety is affected and/or in the event of an emergency situation,budget modifications may be retroactively approved.See the section entitled "In Case of Emergency"in the Terms and Conditions,Exhibit A of the Grant Agreement for further information and instructions. Please retain all notifications to and approvals from the Grant Manager in your grant files for audit purposes. NOTE:The Grant Manager will not approve changes that result in the reduction of the performance of core program functions for inspections,enforcement,or mandatory training. REPORTING REQUIREMENTS A Mid-Year Progress Report and a Final Progress Report are required by this Agreement; however, the Grant Manager may request a Progress Report at any time during the Grant Performance Period.These reports are used to support Payment Requests and evaluate grantee performance.A minimum of one Mid-Year and one Final Progress Report are required. Download the Progress Report (CalRecycle 737-PR-TEA) (http://www.calrecycle.ca.gov/Grants/Forms/).All reports must be uploaded inGMS. Local Government Waste Tire Enforcement Grant Program,FY 2014-15 14 For further instructions regarding GMS,including login directions,see the section above entitled, Grant Management System. To upload a report: 1.Go to the Reports tab. 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. • You may upload multiple documents to complete reporting requirements. •The maximum allowable file size is 35MB. 5. Click the Submit button when the report is complete. The reports must be current, include all required sections and documents,and must be approved bythe Grant Manager before any Payment Request can be processed. Failure to comply with the specified reporting requirements may be considered a breach ofthis 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. PROGRESS REPORT The grantee must submit a Mid-Year Progress Report by February 29, 2016.This report shall cover grant activities that occurred from the date indicated on the NTP through December 31,2015. FINAL PROGRESS REPORT The Final Progress Report is due September 30,2016.This report should cover grant activities from January 1, 2016 through June 29, 2016.The following items must be included: 1.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." GRANT PAYMENT INFORMATION 1.Payment to the grantee for eligible grant expenses is made on a reimbursement basis only and for only those materials and services specified inthe approved grant application. 2.Reimbursement may be requested only twice during the Grant Term.In conjunction with (or after)submission ofthe Progress Report and inconjunction with the Final Progress Report. 3. The grantee must submit the required Progress Report/Final Progress 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 inthe "Payment Request and Documentation"section for completed project(s)only. Local Government Waste Tire Enforcement Grant Program, FY 2014-15 15 5.Grant payments will only be made to the grantee. 6. Ten percent of each approved Grant Payment Request will be withheld and retained until all conditions stipulated in the Agreement,including submission and Grant Manager approval of the Progress and/or Final Progress Report, have been satisfied.Reimbursement of the ten percent retention will be released with the final Grant Payment Request. 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. PAYMENT REQUEST AND DOCUMENTATION Payment requests must be submitted in GMS.For further instructions regarding GMS, including login directions,see the section above entitled,Grant Management System. 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. • Type a title,select the appropriate Document Type, clickthe 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 (including uploading all the documents listed below). Supporting Documentation A. A scanned copy of the Grant Payment Request form.Mail only the original Grant Payment Request form (CalRecycle 87),with the original signature of the signatory or his/her designee*,as authorized by grantee's Resolution or Letter of Commitment to: Via standard mail:Via courier/personal delivery: Department of Resources Recycling Department of Resources Recycling and Recovery and Recovery TEA Grant Program TEA Grant Program FiRM Branch,MS 13A FiRM Branch,MS 13A P.O.Box 4025 1001 I Street Sacramento,CA 95812-4025 Sacramento,CA 95814 Local Government Waste Tire Enforcement Grant Program,FY 2014-15 16 *A designee may sign on behalf of the grantee ifa)authorized by the Resolution or Letter of Commitment,and b) a Letter of Designation has been provided to the Grant Manager. B. TEA Personnel Expenditure Summary (CalRecycle 767) C.Expenditure Itemization Summary (CalRecycle 736) D.CalRecycle Waste Tire Surveillance Form (CalRecycle 229) for all surveillance activities E.Travel Expense Log Form (CalRecycle 246)for hotel,meals,per diem and other expenses,hotel receipts and other receipts for conference fees,tuition, etc. F.Mileage logs G.Hourly Rate Document • If Board of Supervisors or City Council approved labor rates are claimed,grantees must submit (see hourly labor rate): • A copy of the governing body resolution approving the hourly rate used. • A copy of the fee and/or rate schedule submitted to the governing body showing the hourly rate used.The documentation shall show how the rate is calculated including all fees and charges it comprises. • Ifa separate labor rate is calculated for each employee that includes actual salary,wages,shift differentials,fringe benefits,and indirect/overhead costs,grantees must submit a spreadsheet which shows each employee's name,job classification,and hourly rate (see hourly labor rate). H.Invoices with accompanying receipts,cancelled checks or other proof of payment containing:vendor name,phone number and/or address;purchase amount and date;and,a description of the goods,services and/or materials purchased (if the grantee only claimed a portion of an invoice, the amount billed to the grant should be highlighted). I.Agenda(s)or certificate of completion for all approved training. • If attending a training event with multiple subjects of which only part is related/beneficial to waste tire enforcement,only the waste tire enforcement-related portion of the class fee, divided proportionally, may be charged to this grant. J.Copies of educational materials created and/or published and photographs of signs/displays paid with TEA 22 funds. •Outreach materials include brochures,presentations,etc.For large items such as billboards,displays,signs,grantees must submit a photograph of the item with the Payment Request. All forms listed above can be downloaded from the CalRecycle Grant Forms website (http://www.calrecycle.ca.gov/Grants/Forms/). There are some types of supporting documentation that may not be necessary to submit with a Payment Request, but grantees should keep itintheir records in case ofan audit. Forexample ifa separate labor rate is calculated for each employee that includes actual salary,wages,shift differentials, fringe benefits, and indirect/overhead costs,grantees must retain the documents that support the components of each employee's hourly rate. Local Government Waste Tire Enforcement Grant Program, FY 2014-15 17 PERSONNEL HOURS Grantees must maintain, and provide if requested,detailed timekeeping records of personnel hours worked. For each pay period, the employee's timekeeping document must contain at least the: •Employee name and classification. •Total hours worked and leave taken during the pay period. •Hours worked/leave taken per day. • For each hour worked,a description/listing of the activity/task they were working on. o For grantees claiming actual hours forTPIDs inspected with a waste tire count of 500 or more,the timekeeping documentation must also show the hours per day for each of the TPIDs with a waste tire count of 500 or more. Supervision of staff conducting eligible activities constitutes a direct grant cost; therefore,grantees may claim under each Budget category a direct supervision time and costs related to that category,as long as the supervision time and costs have not been included as a component of a Board of Supervisors or Council Council-approved rate,or an indirect,overhead or administrative rate. Hourly Labor Rate Grantees must choose one of the following options to determine how they charge the grant for their employees'time spent on the TEA grant. 1.Many grantees have a fee or rate schedule that is approved bytheir Boardof Supervisors or City Council.Grantees may use the Board or Council approved hourly rate to calculate the value of employee time spent on eligible grant activities. A Board of Supervisors or City Council-approved rates include a variety of cost components,such as:indirect,administrative and overhead costs; travel, transportation and training;and, equipment,supplies and materials.Grantees may only claim those costs directly against the grant if the cost calculations show those costs were not included as a component of the Board of Supervisor or City Council-approved rate. 2.Grantees that do not have a Board or Council approved rate,or who choose not to use that rate, may calculate an hourly rate for each employee that includes actual salary, wages, shift differentials,fringe benefits, and indirect/overhead costs. Fringe benefits include, but are not limited to, the costs of leave earned (such as vacation, sick leave,holidays),and the actual cost of employee insurance,retirements and pensions,unemployment and disability benefit plans, etc.Grantees must employ an indirect cost rate that is prepared annually by their accounting,finance or budget office or external accounting contractor. An indirect,administrative or overhead rate usually includes a large variety of components,including items such as: supervisor costs; travel, transportation and training;and, equipment, supplies and materials.Grantees may only claim such costs directly against the grant ifthey can show that these costs were not included as a component of the indirect, administrative or overhead rate. Local GovernmentWaste Tire EnforcementGrant Program, FY2014-15 18 Grantees must maintain,and shall provide if requested,documentation to support rates used,the components thereof,and demonstrate how they were calculated.The documentation must provide a clear trail from the actual and projected costs and components,through the rate determination process and methodology,to the rate used.For grantees that do not use a Board or Council approved rate, the grantee must demonstrate that the rate and supporting methodology has been approved by the grantee's chief financial officer, or equivalent,and was the rate in effect at the time. Exceptions:An hourly labor rate in excess of the previously described limits is allowable IF the rate is pre-approved,in writing, by the Grant Manager for specially scheduled evening or weekend events,or when a law or labor contract requires payment in excess of the employee's regular time hourly rate. GRANT CLOSEOUT The grantee initiates the closeout process when the Final Report, final Payment Request, and other required supporting and closeout documents are submitted to the Grant Manager.All purchases must be received, and alleligible payments made, before the submission of the Final Report and final Payment Request.The Grant Manager will review all final documents forcompliance with the requirements of all grant Terms and Conditions,Procedures and Requirements,and Budget.The amounts claimed may not exceed the Budget category amount approved by CalRecycle. The grant is considered closed when the grantee receives its final payment. TERMINATION OR SUSPENSION OF GRANT OR PAYMENTS Failure to comply with any part of the Grant Agreement,or interfering with CalRecycle enforcement actions,may result in the termination of the Grant Agreement or suspension of any outstanding grant Payment Requests. AUDIT CONSIDERATIONS The grantee agrees to maintain records and supporting documentation pertaining to the performanceofthis grant subject to possible auditfora minimum ofthree (3)years after final payment date or grant term end date, whichever is later. Alonger period ofrecords retention may be stipulated in order to complete any action and/or resolutionof all issues which may arise as a result of any litigation,dispute, or audit,whichever is later. Examples of audit documentation include,but arenot limited to,expenditure ledger, payroll register entries,time sheets,personnel expenditure summary form,travel expense log,paid warrants,contracts andchange orders,samples of items and materials developed with grant funds,invoices and/or cancelledchecks. Please refer to the Terms and Conditions (ExhibitA) formore information. Local Government Waste Tire Enforcement Grant Program,FY 2014-15 19 Galteeycte^Grants System Application Generated By:Phanessa Fong Generated On:4/20/2015 Application Information Applicant: Cycle Name: Cycle Code: Grant ID: Grant Funds Requested: Matching Funds: Awarded Funds: Project Summary Fresno County Local Government Waste Tire Enforcement Grants TEA22 17558 $300,000.00 $300,000.00 Application Due Date:3/3/2015 Secondary Due Date:4/2/2015 The goalofthe Waste TireProgramisto promotecompliance with State and localregulationsas itpertainstothe collection,handling,storage and disposalofwaste tiresinan effort to protectthe air,water,and land from pollution and to ensure public health and safety. The Fresno CountyDepartmentofPublicHealth,Environmental Health Division,proposes to utilize FY 2014-15Waste TireGrantfundsfor staffing,training and equipment needs associated with continuing the County's Enforcement Program Plan. Applicant/Participant Name:Fresno County Federal Tax ID:94-6000512 County:Fresno Contacts Janet Gardner Public Health -PO Box 11867 1221 Fulton Mall -Fresno,CA 93775 David Pomaville Public Health PO Box 11867 1221 Fulton Mall Fresno,Ca 93775 Glenn Allen Public Health PO Box 11867 1221 Fulton Mall Fresno,Ca 93775 Budget Category Name Admin Costs Education Enforcement Equipment Inspections Training Transportation No Site Information Provided Page:1 Of 2 Lead:X Jurisdiction:Fresno-Unincorporated Title:-EHS III Phone:5596003271 Fax: Email:jgardner@co.fresno.ca.us Title:Director Phone:5596004065 Fax: Email:dpomaville@co.fresno.ca.us Title:Supervising EHS Phone:5596003271 Fax: Email:glallen@co.fresno.ca.us Amount $22,000,00 $1,000.00 $96,000.00 $5,500.00 $137,000.00 $31,000.00 $7,500.00 Prime Second Auth Cnslt X CalRecycte'51 Generated By:Phanessa Fong Documents Required Application Certification Application Certification Staff Contact Information Required By Secondary Due Date Resolution -Lead Participant Other Supporting Document(s) Draft Resolution Letter of Designation Letter of Permission 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). Page:2 Of 2 Grants System Application Generated On:4/20/2015 Document Title Application Certification Application Certification-Revised Staff Contact Info 5 Year Resolution Received Date 02/24/2015 02/25/2015 02/24/2015 02/18/2015 AGREEMENT BETWEEN THE COUNTY OF FRESNO AND THE STATE OF CALIFORNIA No.:CA Dept.of Resources,Recycling &Recovery Term: June 30,2015-Sept.30.2016 Waste Tire Enforcement Grant Program Award (TEA 22-14-0038) APPROVED AS TO LEGAL FORM: DANIEL C.CEDERBORG, COUNTY COUNSEL By L 'fajLAMfaJ* APPROVED AS TO ACCOUNTING FORM: VICKI CROW, C.P.A., AUDITOR-CONTROLLER/ TREASURER -TAX COLLECTOR ]I •/"lBy^l/l-t-U U REVIEWED AND RECOMMENDED FOR APPROVAL: David Pomaville Director Department of PublicHealth Fund/Subclass:0001/10000 Organization #:56204884 Revenue:3530 ks