HomeMy WebLinkAboutAgreement A-20-044 with CalRecycle.pdfAgreement No . 20-044
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GRANT AGREEMENT COVER SHEET
CnlRucycln 110 (Revla•d 't/16)
GRANT NUMDER
TDP19-19.-0019
NAME OF GRANT PROGRAM -
2019-20 Tire Deirived Product Gr~n.ts
GRANTEc NAME
Fresno County
TAA!Wl'Ell'S FEOI Ml. EMPLOYER IOCNl'IFICATION NUM0~R TOTAL QRANT NOT TO EXCEED
$72,048.00
TERM OF GRANT /\C,REEl:MNT
FROM: August 01 , 2019 TO :April 01, 2022
The Departmel\t of Resources Recycling ond Recovery (CalRecycle) and Fresno County (the "Grantee"), 11, mutual consideration of t!le
pr-omlses·made herein, agree to comply ,vllh the provisions of this Agreement, which consists of thls Grant Agreement Covar Sh!!!!t and the
following Exhibits. which are Incorporated by this reference and made a part of this Agreement as If att&.ehed hereto:
E>thibit A -Tem,s and Condmoris
Exhibit B -ProefldUr&$ and Requiremel\lS
Exhibit C -Appllcation with revisions, ii any, tmd any amentin,eri'ts
This Agroement Js or no rorce or effect u.ntil signed by both pnrtle!;. G~ntee shall not com1nence petfottnanee until it receives written
approval riom CalRecyete .
IN WITNESS WHEREOF, this Agreement hlls been e~cult!d bY. the parties hereto .
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CALRECYCLE Fresno County
SIGNATURE oF ·c11tRacvoLes t\UlliORl~Eu rnGNATOllY :SlGN/\T\JRE OF <lRANll;l: . . . . . ·
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TITLE DATU TITI.E V .10,\TE
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PA'VMWT ADDRESS ·(tNCLUOE STR!;ET; CITY .-,, 1 /\ TE 1\NO l!IP CODE)
Public Works & Planning
2220 Tulare Avenue, Sixth Floor
Fresno, CA 93721
Cl:RTIFiCATION OF FUNDING
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ATTEST:
BERNICE E. SEIDEL
Clerk of the Board of Supervisors
Count~ 9{ Fresno ,. State of California
By ,J\4,._.,>~
Deputy
19-1354
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 1
EXHIBIT A
TERMS AND CONDITIONS
Tire-Derived Product Grant Program
Fiscal Year 2019–20
The following terms used in this Grant Agreement (Agreement) have the meanings given to
them below, unless the context clearly indicates otherwise:
"CalRecycle" means the Department of Resources Recycling and Recovery.
"Director" means the Director of CalRecycle or his or her designee.
"Grant Agreement" and "Agreement" means all documents comprising the agreement
between CalRecycle and the Grantee for this Grant.
"Grant Manager" means CalRecycle staff person responsible for monitoring the grant.
"Grantee" means the recipient of funds pursuant to this Agreement.
"Program" means the Tire-Derived Product Grant Program.
"State" means the State of California, including, but not limited to, CalRecycle and/or its
designated officer.
AIR OR WATER POLLUTION VIOLATION
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State Air
Resources Board or an air pollution control district.
(b) Out of compliance with any final cease and desist order issued pursuant to Water Code
Section 13301 for violation of waste discharge requirements or discharge prohibitions.
(c) Finally determined to be in violation of provisions of federal law relating to air or water
pollution.
AMENDMENT
No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties, and approved as required. No oral understanding or
agreement not incorporated into this Agreement is binding on any of the parties. This
Agreement may be amended, modified or augmented by mutual consent of the parti es,
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.
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
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 2
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 info rmation 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 and Procedures and Requirements with
your finance department, contractors and subcontractors. Examples of audit documentation
include, but are not limited to: expenditure ledger, payroll register entries and time sheets,
personnel expenditure summary form, travel expense log, paid warrants, contracts, change
orders, invoices, and/or cancelled checks.]
AUTHORIZED REPRESENTATIVE
The grantee shall continuously maintain a representative vested with signature authorit y
authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all
times, keep the Grant Manager informed as to the identity and contact information of the
authorized representative.
AVAILABILITY OF FUNDS
CalRecycle's obligations under this Agreement are contingent upon and subject to the
availability of funds appropriated for this grant.
BANKRUPTCY/DECLARATION OF FISCAL EMERGENCY NOTIFICATION
If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C.
§901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the grantee
shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures
set forth in the section entitled “Communications” herein.
CHARTER CITIES
If the grantee is a charter city, a joint powers authority that includes one or more charter
cities, or the regional lead for a regional program containing one or more charter cities, the
grantee shall not receive any grant funding if such funding is prohibited by Labor Code
section 1782. If it is determined that Labor Code section 1782 prohibits funding for the grant
project, this Agreement will be terminated and any disbursed grant funds shall be returned to
CalRecycle.
CHILD SUPPORT COMPLIANCE ACT
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and 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.; and
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 3
(b) The grantee, to the best of its knowledge, is fully complying with the earnings assignment
orders of all employees, and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
COMMUNICATIONS
All communications from the grantee to CalRecycle shall be directed to the Grant Manager.
All notices, including reports and payment requests, required by this Agreement shall be
given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures
and Requirements (Exhibit B). If an original document is required, prepaid mail or personal
delivery to the Grant Manager is required following the email or fax.
COMPLIANCE
The grantee shall comply fully with all applicable federal, state, and local laws, ordinances,
regulations, and permits. The grantee shall provide evidence, upon request, that all local,
state, and/or federal permits, licenses, registrations, and approvals have been secured for the
purposes for which grant funds are to be expended. The grantee shall maintain compliance
with such requirements throughout the Grant Term. The grantee shall ensure that the
requirements of the California Environmental Quality Act are met for any approvals or other
requirements necessary to carry out the terms of this Agreement. The grantee shall ensure
that all of grantee’s contractors and subcontractors have all local, state, and/or federal
permits, licenses, registrations, certifications, and approvals required to perform the work for
which they are hired. Any deviation from the requirements of this section shall result in non-
payment of grant funds.
CONFLICT OF INTEREST
The grantee needs to be aware of the following provisions regarding current or former state
employees. If the grantee has any questions on the status of any person rendering services
or involved with this Agreement, CalRecycle must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from which
the officer or employee receives compensation or has a financial interest and which is
sponsored or funded by any state agency, unless the employment, activity, or enterprise
is required as a condition of regular state employment.
(b) No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code, § 10411):
(a) For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision -making
process relevant to the contract while employed in an y capacity by any state agency.
(b) For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the twelve month period prior to his or her leaving
state service.
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 4
If the grantee violates any provisions of above paragraphs, such action by the grantee shall
render this Agreement void. (Pub. Contract Code, § 10420).
CONTRACTORS/SUBCONTR ACTORS
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.
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 a gents have any right or
authority to make any other representation, warranty or promise with respect to any
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 5
materials, equipment, services or products, purchased, used, obtained, or produced with
grant funds. In no event shall CalRecycle be liable for spe cial, 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 TERMIN ATION
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 specif ying
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, a nd employee assistance programs.
(4) Penalties that may be imposed upon employees for drug abuse violations.
(c) Require that each employee who works on the grant:
(1) Receive a copy of the drug-free policy statement of the grantee.
(2) Agrees to abide by the terms of such statement as a condition of employment on the
grant.
Failure to comply with these requirements may result in suspension of payments under the
Agreement or termination of the Agreement or both and grantee may be ineligible for award
of any future state agreements if CalRecycle determines that the grantee has made a false
certification, or violated the certification by failing to carry out the requirements as noted
above.
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 6
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 attachmen ts 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.
EXPATRIATE CORPORATIONS
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury
under the laws of California, that the grantee is not an expatriate corporation or subsidiary of
an expatriate corporation within the meaning of Public Contract Code Sections 10286 and
10286.1, and is eligible to contract with the State of California.
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 t he 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 dela y, default, or nonperformance of this Agreement, to the
extent that such delay, default, or nonperformance is caused by an act of God, weather,
accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other
contingencies unforeseen by CalRecycle or the grantee, its contractors, vendors, or
subcontractors, and beyond the reasonable control of such party.
FORFEIT OF GRANT FUNDS/REPAYMENT OF FUNDS IMPROPERLY EXPENDED
If grant funds are not expended, or have not been expended, in accordance with this
Agreement, or if real or personal property acquired with grant funds is not being used, or has
not been used, for grant purposes in accordance with this Agreement, the Director, at his or
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 7
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 owe d 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 p rior
to approval of the amendment.
IN CASE OF EMERGENCY
In the event of an emergency, or where there is an imminent threat to public health and
safety or the environment, the grantee may choose, at its own risk, to incur grant-eligible
expenses not previously included in the approved Budget, subject to subsequent approval by
the Grant Manager of both the Budget change and the need to implement the Budget change
on an emergency basis. The grantee shall notify the Grant Manager of the emergency and
the Budget change at the earliest possible opportunity. CalRecycle reserves the right to
accept or reject the grantee’s determination that the circumstances constituted an emergency
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 8
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.
NATIONAL LABOR RELATIONS BOARD CERTIFICATION
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury
that no more than one final unappealable finding of contempt of court by a federal court has
been issued against the grantee within the immediately preceding two-year period because of
the grantee's failure to comply with an order of a federal court which orders the grantee to
comply with an order of the National Labor Relations Board. This section is not applicable if
the grantee is a public entity.
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, Procedures and Requirements, 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:
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 9
(a) Grant Agreement Coversheet and any Amendments thereto
(b) Terms and Conditions
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee’s Application
(h) All other attachments hereto, including any that are incorporated by reference.
OWNERSHIP OF DRAWINGS, PLANS, AN D 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 he rein
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.
(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).
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 10
PERSONAL JURISDICTION
The grantee consents to personal jurisdiction in the State of California for all proceedings
concerning the validity and operation of this Agreement and the performance of the
obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal
sovereign immunity as a defense to any and all proceedings concerning the validity and
operation of this Agreement and the performance of the obligations imposed upon the
parties.
PERSONNEL COSTS
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel
expenditures to be reimbursed with grant funds must be computed based on actual time
spent on grant-related activities and on the actual salary or equivalent hourly wage the
employee is paid for his or her regular job duties, including a proportionate share of any
benefits to which the employee is entitled, unless otherwise specified in the Procedures and
Requirements (Exhibit B).
REAL AND PERSONAL PROPERTY ACQUIRED WITH GRANT FUNDS
(a) All real and personal property, including equipment and supplies, acquired with grant
funds shall be used by the grantee only for the purposes for which CalRecycle approved
their acquisition for so long as such property is needed for such purposes, regardless of
whether the grantee continues to receive grant funds from CalRecycle for such purposes.
In no event shall the length of time during which such property, including equipment and
supplies, acquired with grant funds, is used for the purpose for which CalRecycle
approved its acquisition be less than five (5) years after the end of the grant term, during
which time the property, including equipment and supplies, must remain in the State of
California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and
personal property acquired with grant funds, including all equipment and supplies, shall
vest upon acquisition in the grantee. The grantee may be required to execute all
documents required to provide CalRecycle with a security interest in any real or personal
property, including equipment and supplies, and it shall be a condition of receiving this
grant that CalRecycle shall be in first priority position with respect to the security interest
on any such property acquired with the grant funds, unless pre -approved in writing by the
Grant Manager that CalRecycle will accept a lower priority position with respect to the
security interest on the property. Grantee shall inform any lender(s) from whom it is
acquiring additional funding to complete the property purchase of this grant condition.
(c) The grantee may not transfer Title to any real or personal property, including equipment
and supplies, acquired with grant funds to any othe r entity without the express
authorization of CalRecycle.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was
previously purchased with CalRecycle grant funds, unless the acquisition of such
equipment with grant funds is pre-approved in writing by the Grant Manager. In the event
of a question concerning the eligibility of equipment for grant funding, the burden will be
on the grantee to establish the pedigree of the equipment.
REASONABLE COSTS
A cost is reasonable if, in its nature or amount, it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the decision was
made to incur the cost. Consideration will be given to:
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 11
(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.
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 G rant Manager.
REIMBURSEMENT LIMITATIONS
Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement
for a cost or activity that has been or will be paid for through another funding source. The
grantee shall not seek reimbursement for any costs used to meet cost sharing or matching
requirements of any other CalRecycle funded program.
All costs charged against the Agreement shall be net of all applicable credits. The term
“applicable credits” refers to those receipts or reductions of expenditures that operate to
offset or reduce expense items that are reimbursable under this Agreement. Applicable
credits may include, but are not necessarily limited to, rebates or allowances, discounts,
credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the
amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the
amount of the credit from the total billed under a future invoice.
RELIABLE CONTRACTOR DECLARATION
Prior to authorizing any contractor or subcontractor to commence work under this Grant, the
grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from
the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 12
the events listed in Section 17050 of Title 14, California Code of Regulations, Natural
Resources, Division 7, has occurred with respect to the contractor or subcontractor within the
preceding three (3) years. If a contractor is placed on CalRecycle’s Unreliable List after
award of this Grant, the grantee may be required to terminate that contract.
REMEDIES
Unless otherwise expressly provided herein, the rights and remedies hereunder are in
addition to, and not in limitation of, other rights and remedies under this Agreement, at law or
in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right
or remedy.
SELF-DEALING AND ARM’S LENGTH TRANSACTIONS
All expenditures for which reimbursement pursuant to this Agreement is sought shall be the
result of arm’s-length transactions and not the result of, or motivated by, self -dealing on the
part of the grantee or any employee or agent of the grantee. For purposes of this provision,
“arm’s-length transactions” are those in which both parties are on equal footing and fair
market forces are at play, such as when multiple vendors are invited to compete for an
entity’s business and the entity chooses the lowest of the resulting bids. “Self -dealing” is
involved where an individual or entity is obligated to act as a trustee or fiduciary, as when
handling public funds, and chooses to act in a manner that will benefit the individual or entity,
directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all
grant monies are to be expended.
SEVERABILITY
If any provisions of this Agreement are found to be unlawful or unenforceable, such
provisions will be voided and severed from this Agreement without affecting any other
provision of this Agreement. To the full extent, however, that the provisions of such
applicable law may be waived, they are hereby waived to the end that this Agreement be
deemed to be a valid and binding agreement enforceable in accordance with its terms.
SITE ACCESS
The grantee shall allow the state to access sites at which grant funds are expended and
related work being performed at any time during the performance of the work and fo r 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.
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 13
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 to lled during the period of
any audit resolution, including any appeals by the grantee to the Director.
UNION ORGANIZING
By signing this Agreement, the grantee hereby acknowledges the applicability of Government
Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and
hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union
organizing by employees performing work under this Agreement.
(b) If the grantee makes expenditures to assist, promote, or deter union organizing, the
grantee will maintain records sufficient to show that no state funds were used for those
expenditures, and that grantee shall provide those records to the Attorney General upon
request.
VENUE/CHOICE OF LAW
(a) All proceedings concerning the validity and operation of this Agreement and the
performance of the obligations imposed upon the parties hereunder shall be held in
Sacramento County, California. The parties hereby waive any right to any other venue.
The place where the Agreement is entered into and place where the obligation is incurred
is Sacramento County, California.
(b) The laws of the State of California shall govern all proceedings concerning the validity and
operation of this Agreement and the performan ce 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.
Tire-Derived Product Grant Program, FY 2019–20 1
EXHIBIT B
PROCEDURES AND REQUIREMENTS
TIRE-DERIVED PRODUCT GRANT PROGRAM
19th Cycle – Fiscal Year 2019–20
Copies of these Procedures and Requirements should be shared with BOTH the
Finance Department AND the staff responsible for implementing the grant
activities.
TABLE OF CONTENTS
Introduction ................................................................................................................... 2
Milestones ...................................................................................................................... 2
Grants Management System (GMS) ............................................................................. 2
Accessing the Grant ..................................................................................................... 2
Contact Updates .......................................................................................................... 2
Prior to Commencing Work .......................................................................................... 3
Reliable Contractor Declaration ................................................................................... 3
Photo Requirement ...................................................................................................... 3
Tire-Derived Product Update Requirement .................................................................. 3
Project Requirements ................................................................................................... 4
Grant Term ..................................................................................................................... 4
Eligible Costs ................................................................................................................ 4
Ineligible Costs .............................................................................................................. 5
Modifications ................................................................................................................. 5
Playground* Compliance ............................................................................................. 6
Special Considerations for Poured-In-Place Playgrounds ........................................... 6
Acknowledgements ....................................................................................................... 6
Reporting Requirements .............................................................................................. 7
Progress Report ............................................................................................................ 8
Final Report ................................................................................................................... 8
Grant Payment Information .......................................................................................... 8
Payment Request and Documentation ........................................................................ 9
Supporting Documentation......................................................................................... 10
Audit Considerations .................................................................................................. 11
Annual Survey ............................................................................................................. 11
Tire-Derived Product Grant Program, FY 2019–20 2
INTRODUCTION
The Department of Resources Recycling and Recovery (CalRecycle) administers the
Tire-Derived Product Grant Program. These Procedures and Requirements describe
project and reporting requirements, report due dates, report contents, grant payment
conditions, eligible and ineligible project costs, project completion and closeout
procedures, and records and audit requirements.
This document is attached to, and incorporated by reference, into the Grant Agreement.
MILESTONES
Date Activity
Notice to Proceed
Date
Grant Term Begins on the date the Notice to Proceed is
emailed.
April 1, 2021 Progress Report Due
April 1, 2022 Final Report and final Payment Request Due
April 1, 2022 Grant Term End
GRANTS MANAGEMENT SYSTEM (GMS)
GMS is CalRecycle’s web-based grant application and grant management system.
Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts
are tied to a specific email address. If an email address changes, or if it becomes
inactive, the grantee must create a new WebPass account to continue accessing GMS.
Establish or manage a WebPass at CalRecycle’s WebPass page
(https://secure.calrecycle.ca.gov/WebPass/).
Accessing the grant
Grantees must log into GMS (https://secure.calrecycle.ca.gov/Grants) using their web
pass. After login, locate the grant in the My Awarded/Open Grants table and select
the Grant Management link. The Grant Management Module includes the following
sections:
Summary tab – shows approved budget, paid and remaining amounts. (This
section is available to the grantee in read-only mode.)
Payment Request tab – requests reimbursement.
Reports tab – uploads required reports.
Documents tab – uploads other grant documents that are not considered
supporting documents to a payment request or a report. This section als o
provides access to documents that were uploaded within other sections of GMS.
Sites tab – lists approved project sites.
Follow the instructions in GMS to work in the system. Use the information in the
following sections to determine what reports, transactions, and supporting documents
are required.
Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application
Module with the access check box marked. A contact may be listed but not granted
access by not checking the box. Please note, if a contact is granted access to a grant
they will be able to edit contacts, submit payment requests, upload reports, and view all
documents. Those with access may update contact information for all contact types
Tire-Derived Product Grant Program, FY 2019–20 3
except Signature Authority. Email the assigned Grant Manager regarding any changes
to Signature Authority information.
PRIOR TO COMMENCING WORK
Prior to commencing work under this grant, the grantee’s Grant Manager or primary
contact and authorized grant Signature Authority should review the Terms and
Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key
grant administrative requirements. Evaluation of the grantee’s compliance with these
requirements is a major focus of grant audits.
Reliable Contractor Declaration
Prior to authorizing a contractor(s) (or subcontractor) to commence work under this
grant, the grantee shall submit to the Grant Manager a declaration from the
contractor(s), signed under penalty of perjury, stating that within the preceding three (3)
years, none of the events listed in Section 17050 of Title 14
(https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), California Code of
Regulations, Natural Resources, Division 7, has occurred with respect to the
contractor(s) or subcontractor(s).
If a (sub) contractor is placed on the CalRecycle Unreliable List
(https://www.calrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the
grantee may be required to terminate that contract. Obtain the Reliable Contractor
Declaration form (CalRecycle 168) from CalRecycle’s form web page
(https://www.calrecycle.ca.gov/Funding/Forms/).
A scanned copy of the signed Reliable Contractor Declaration form must be uploaded in
GMS. To upload the form:
1. Go to the Reports tab.
2. Click on Reliable Contractor Declaration under Report Type.
3. Click the Add Document button.
4. Select Reliable Contractor Declaration in the Document Type drop down box,
enter a document title, click the Browse button to search and upload the
document, and then Save.
5. Click on the Submit Report button.
For further instructions regarding GMS, including login directions, see the section above
titled Grant Management System.
Photo Requirement
Prior to commencing work or incurring costs, the grantee is requ ired to submit at least
one pre-construction digital photograph of the project site.
Tire-Derived Product Update Requirement
Prior to commencing work or incurring costs, the Grant Manager must approve in writing
any proposed changes of the product manufacturer, supplier/vendor, and/or (sub)
contractor from the one identified in the grantee’s Grant Application. If approved, the
grantee must submit a new, updated and complete Tire-Derived Product Certification
Form (CalRecycle 227).
Tire-Derived Product Grant Program, FY 2019–20 4
To obtain a form, visit the CalRecycle Grant Forms webpage
(https://www.calrecycle.ca.gov/Funding/Forms/).
The Tire-Derived Product Certification Form (CalRecycle 227) must be uploaded in
GMS. To upload the Form:
1. In the Documents tab, go to the Other Grant Documents section.
2. Click on the Upload a Document button.
3. Type a title, i.e. Modification Tire-Derived Product Certification Form, then click
the Browse button to search and upload the document.
4. Click the Save button.
PROJECT REQUIREMENTS
Products must be installed at the location(s) specified in the approved Grant
Application.
Project(s) must be completed by April 1, 2022, to ensure full reimbursement.
Project(s) must be made from only California-generated waste tires.
The waste tire material must be processed in California and the final product
must be manufactured in California.
End-of-life (EOL) material (primarily crumb rubber or rubber nuggets/mulch that
have served their initial purpose) may be reused or recycled into a variety of
eligible products. The source of the EOL material (e.g., the playground,
landscaping or turf field infill) must be located in California. Any necessary
further processing of end-of-life material and any further manufacturing must take
place in California.
Applications must use a minimum of 2,500 California-generated waste tires.
Multiple products/projects may be combined to achieve this minimum.
Project(s) must not have previously received CalRecycle grant funds.
GRANT TERM
The Grant Term begins on the date of the Notice to Proceed (NTP) email. The Grant
Term ends on April 1, 2022. This is also the date the Final Report and final Payment
Request are due to CalRecycle.
Grant-eligible program expenditures may start no earlier than the date indicated in the
NTP. Eligible program costs must be incurred no later than April 1, 2022.
ELIGIBLE COSTS
All grant expenditures must be for activities, products, and costs specifically included in
the approved Work Plan and approved Budget. To be eligible for reimbursement, costs
must be incurred after receiving a Notice to Proceed and before the end of the Grant
Term. All services must be provided and goods received during this period in order to
be eligible costs. Invoices for goods and services must be paid by the grantee prior to
the inclusion of those goods or services on a payment request.
Eligible costs are limited to the following:
Actual cost of the California-generated TDP, tax, and shipping up to a total
maximum of five dollars ($5) per passenger tire equivalent (PTE) not to exceed
the grant award.
This cost is exclusive of truck tire buffings.
Tire-Derived Product Grant Program, FY 2019–20 5
The waste tires must have been processed and manufactured into a final product
in California or in the case of EOL material, the source of the material is located
in California.
These costs must be incurred and paid for during the Grant Term which begins on the
date of the NTP from CalRecycle and ends on April 1, 2022.
INELIGIBLE COSTS
Any costs not specifically included in the approved Budget and not directly related to the
Tire-Derived Product Grant and the approved grant project are ineligible for
reimbursement. Contact the Grant Manager if clarification is needed. Ineligible costs
include, but are not limited to:
Any costs incurred prior to the date of the Notice to Proceed email or after
April 1, 2022.
Materials that are not made from only California-generated waste tires, not
processed in California, or that were not made into a final product in California.
EOL product(s) where the source of the EOL material (e.g., the playground or turf
field infill) is not located in California.
Any cost other than the actual cost of the tire-derived product, tax, shipping up to
a maximum of five dollars ($5) per PTE.
Truck tire buffings.
Costs that exceed the cap of $5 per PTE.
Equipment, installation, signage, playground inspection and labor costs.
Any costs the Grant Manager deems unreasonable or unrelated to the purpose
of the grant.
MODIFICATIONS
Any proposed revision(s) to the approved project must be submitted in writing and pre-
approved in writing by the Grant Manager prior to the grantee performing any changes
or incurring any related costs. Proposed revisions must be clearly marked on the Work
Plan and must be accompanied by a summary of proposed changes/modifications,
including the justification(s) for the proposed changes. Costs based on the proposed
revisions may not be incurred until Grant Manager approval.
If approved, the grant manager will upload the final revised Work Plan to GMS.
Proposed revisions may be submitted in conjunction with a Progress Report but cannot
be submitted as part of the Progress Report. The approval document(s) should be
retained by the grantee for audit purposes. See Audit Record/Access section of the
Terms and Conditions (Exhibit A). The request must be uploaded in GMS and must
include:
1. The reason for the change or modification, a summary of the new project and
location information for each project site.
2. The new W ork Plan and cost changes, if applicable (identify the modification or
by number, e.g., Modification #1).
3. A new, updated and complete Tire-Derived Product Certification form
(CalRecycle 227).
To upload a Project Modification Request in GMS:
1. In the Documents tab, go to the Other Grant Documents section.
2. Click on the Upload a Document button.
Tire-Derived Product Grant Program, FY 2019–20 6
3. Type a title, i.e., Project Modification #1 Request, then click the Browse button to
search and upload the document.
4. Click the Save button.
Playground* Compliance
Projects involving playgrounds are subject to various local, state and federal
requirements. It is the grantee’s responsibility to comply with all requirements.
The following information identifies some of the state and federal requirements
associated with playground construction and modifications.
For information regarding playground safety and standards, please go to the California
Park & Recreation Society (http://www.cprs.org/p/cm/ld/&fid=207). In addition to other
requirements, California law requires that a Playground Inspector, certified by the
National Playground Safety Institute (NPSI), conduct an inspection for compliance with
standards set forth by the American Society for Testing and Materials (ASTM) and the
playground-related guidelines set forth by the United States Consumer Product Safety
Commission (CPSC).
The Department of Justice promulgated new Americans with Disabilities Act (ADA)
standards for playground surfacing, specifically, § 1008.2.6 provides requirements for
access routes, clear floor or ground spaces and turning requirements. The section
incorporates the ASTM standards, specifically, ASTM F 1292 - 09 Standard
Specification for Impact Attenuation of Surfacing Materials within the Use Zone of
Playground Equipment, and ASTM F 1951 for compliance with inspection and
maintenance activities. For information related to the 2010 ADA Standards, please go
to 2010 ADA Standards for Accessible Design
(http://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm).
Submittal of the final Payment Request constitutes certification by the grantee that all
local, state and federal playground requirements have been met including, but not
limited to, certification by a NPSI certified Playground Inspector. Submittal of
compliance documents is not required. Expenses associated with inspections and
certifications are not reimbursable under the Grant.
*Playground is defined as an improved outdoor area designed, equipped, and set aside
for children’s play that is not intended for use as an athletic playing field or athletic court,
and shall include any playground equipment, fall zones, surface materials, access
ramps, and all areas within and including the designated enclosure and barriers.
Special Considerations for Poured-in-Place Playgrounds
Grantees should be aware that crumb rubber along with truck tire buffings, binder, and
colorant may be used in the finished product but only the crumb rubber portion is
eligible for reimbursement. Grantees should confirm with the Product Provider the
amount of crumb rubber eligible for reimbursement and ensure that it meets the 2,500
passenger tire equivalent before securing any business arrangement. It is the grante e’s
responsibility to comply with all grant requirements.
ACKNOWLEDGEMENTS
The grantee shall acknowledge CalRecycle’s support each time projects funded, in
whole or in part, by this Agreement are publicized in any medium, including news
Tire-Derived Product Grant Program, FY 2019–20 7
media, brochures, or other types of promotional materials. The acknowledgement of
CalRecycle’s support must incorporate the CalRecycle logo. Initials or abbreviations for
CalRecycle shall not be used. The Grant Manager may approve deviation from this
requirement on a case-by-case basis where such deviation is consistent with
CalRecycle’s Communication Strategy and Outreach Plan.
Expenses associated with these requirements are not reimbursable under the Grant.
The grantee must install a permanent sign at the Project site upon completion of the
Project, no later than April 1, 2022. A high resolution file for production purposes, along
with examples, are located at the Tire Resources web site
(https://www.calrecycle.ca.gov/tires/grants/resources/#Signage ).
The sign must include the following:
1. “Funded by a Grant from the Department of Resources Recycling and Recovery
(CalRecycle)”;
2. CalRecycle logo1, and
3. Number of CA waste tires diverted2 from the waste stream.
1CalRecycle Logos are available in the Image Gallery web site
(https://www.calrecycle.ca.gov/Gallery); or contact your Grant Manager.
2To determine the number of tires diverted, refer to the Tire-Derived Product
Certification Form (CalRecycle 227) for the calculation formula.
When the permanent sign is problematic due to grantee-specific issues, the grantee
may list on their website, for a minimum period of one year, an acknowledgement of
CalRecycle’s funding and the waste tire diversion amounts for the project(s). The
alternative acknowledgement must be pre-approved by the Grant Manager and include
the three required components listed above.
REPORTING REQUIREMENTS
A Progress Report and a Final Report are required by this Agreement; however, the
Grant Manager may request a Progress Report at any time during the Grant Term.
Failure to submit the Final Report with appropriate documentation by the due date may
result in rejection of the Payment Request and/or forfeiture by the grantee of claims for
costs incurred that might otherwise have been eligible for grant funding.
All reports must be uploaded in GMS. 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.
Select the Back button to upload another document and continue the
process until all required documents as listed below are uploaded.
The maximum allowable file size for each document is 35MB.
Tire-Derived Product Grant Program, FY 2019–20 8
5. Click the Submit Report button to complete your report submittal. The Submit
Report button will not be enabled until all required reporting documents are
uploaded.
The reports must be current, include all required sections and documents, and must be
approved by the Grant Manager before any Payment Request can be processed.
Failure to comply with the specified reporting requirements may be considered a breach
of this Agreement and may result in the termination of this Agreement or rejection of the
Payment Request and/or forfeiture by th e 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
A Progress Report template will be available in GMS prior to the Progress Report Due
Date. The completed Progress Report must be uploaded in GMS. See the Reporting
Requirements section for specific instructions.
The grantee must submit a Progress Report by April 1, 2021. This report should
cover grant activities that occurred from the NTP date through April 1, 2021. The
Progress must address the work completed during the Reporting Period and be
accompanied by all required supporting documentation, including pre -construction
photographs.
The Progress Report must be submitted even if no work has started on the
Project.
FINAL REPORT
A Final Report template will be available in GMS prior to the Final Report Due Date.
The grantee may upload the completed Final Report in GMS any time after the Project
is completed, but no later than April 1, 2022. The Final Report must address the work
completed during the entire grant term (from the date of the NTP to April 1, 2022, or
completion of Project, whichever is sooner). The Final Report must be accompanied by
the Final Payment Request and all required supporting documentation. See the
Reporting Requirements section for specific instructions.
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.”
2. Dates of Report Coverage: Indicate the date the work started on the project(s)
and the date the project(s) ended.
GRANT PAYMENT INFORMATION
1. Payment to the grantee for eligible grant expenses is made on a reimbursement
basis only and for only those materials specified in the approved grant
application.
Tire-Derived Product Grant Program, FY 2019–20 9
2. With the exception of Playground Projects, reimbursement may be requested
only twice during the grant term. In conjunction with (or after) submission of the
Progress Report and in conjunction with the Final Report.
3. Playground Projects may request reimbursement only with submittal of the Final
Report. Submittal of the Final Report Request constitutes certification by the
grantee that all local, state, and federal playground requirements have been met
including, but not limited to, certification by NPSI certified Playground Inspector.
Submittal of compliance documents is not required.
4. The grantee must submit the required Progress Report/Final Report, and the
Grant Manager must approve the report prior to, or concurrent with, submission
of the Grant Payment Request.
5. The grantee must submit a completed Grant Payment Request and provide
supporting documentation as described in the “Payment Request and
Documentation” section for completed project(s) only.
6. Grant payments will only be made to the grantee. It is the grantee’s
responsibility to pay all product manufacturers, suppliers/vendors, contractors
and subcontractors for services and/or materials purchased.
7. 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 Report, have been
satisfied.
8. 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.
9. If the grantee uses a contractor or subcontractor, the grantee must provide a
Reliable Contractor Declaration (CalRecycle 168)
(https://www.calrecycle.ca.gov/docs/cr/funding/forms/general/calrecycle168.pdf)
signed under penalty of perjury by the grantee’s contractor(s) and
subcontractor(s) in accordance with the “Reliable Contractor Declaration”
provision of the Terms and Conditions (Exhibit A). The declaration must be
received and approved by the Grant Manager prior to commencement of work.
See “Reliable Contractor Declaration” provision in Terms and Conditions (Exhibit
A) for more information.
PAYMENT REQUEST AND DOCUMENTATION
Failure to submit the final Payment Request with appropriate documentation by the due
date may result in rejection of the Payment Request and/or forfeiture by the grantee of
claims for costs incurred that might otherwise have been eligible for grant funding.
Payment requests must be submitted in GMS. For further instructions regarding GMS,
including login directions, see the section above entitled, 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.
Tire-Derived Product Grant Program, FY 2019–20 10
Choose the Document Type, enter a document title, click the Browse
button to search and upload the document, and then Save.
Select the Back button to upload another document and continue this
process until all required supporting documents as listed below are
uploaded.
The maximum allowable file size for each document is 35MB.
4. Click the Submit Transaction button, located on the transaction page, to
complete your payment request. The Submit Transaction button will not be
enabled until all required supporting documents are uploaded.
Note: Once a transaction is saved, select the transaction number from the
Payment Request tab to access it again. Please do not create multiple
transactions for the same requested funds.
Supporting Documentation
A. A scanned copy of the Grant Payment Request form (CalRecycle 87) with the
signature of the signatory or his/her designee, as authorized by grantee’s Resolution
or Letter of Commitment, must be uploaded to GMS.
Note: A designee may sign on behalf of the grantee if a) authorized by the
Resolution or Letter of Commitment, and b) a Letter of Designation has been
provided to the Grant Manager.
B. Cost and Payment Documentation
Acceptable cost and payment documentation must include at least one of the
following:
a) Invoices, receipts, or purchase orders containing the product manufacturer,
supplier/vendor, and/or contractor name, phone number, address, purchase
amount, date and description of goods/services.
b) Proof of payment may include:
i. copy of cancelled check(s) that shows an endorsement from the banking
institution
ii. invoice(s) showing a zero balance, or stamped “paid” with a check
number, date paid, and initials
iii. accounting system report from local government if it contains the vendor
name, date of invoice, invoice number, check number or internal ID, and
date amount was paid
iv. bank statement(s) along with a copy of the endorsed check or invoice
showing the check number
v. copy of an electronic funds transfer confirmation
vi. copy of a credit card statement(s)
C. An updated, final Tire-Derived Product Certification form (CalRecycle 227)
completed by the product manufacturer, supplier/vendor and/or contractor.
D. Acceptable documentation, verifying that the TDP was made from only California -
generated waste tires and that the tires were processed and manufactured into a
final product in California. Documentation must verify the flow of the California -
generated waste tire material from the California processor to the final product
manufacturer (if different) to the supplier/vendor or contractor (if different) to the
Tire-Derived Product Grant Program, FY 2019–20 11
grantee and include a Certificate of Origin (completed by the processor) or Bill(s) of
Lading.
Note: To ensure grant payment, it is recommended that the grantee obtain this
documentation from its supplier/vendor/ or contractor prior to payment of
supplier/vendor/ or contractor, as applicable.
E. Post-construction, no less than five digital color photographs of the Project site(s)
showing the completed Project with signage.
All forms listed above can be downloaded from the CalRecycle Grant Forms website
(https://www.calrecycle.ca.gov/Funding/Forms).
AUDIT CONSIDERATIONS
The grantee agrees to maintain records and supporting documentation pertaining to the
performance of this grant subject to possible audit for a minimum of three (3) years after
final payment date or Grant Term end date, whichever is later. A longer period of
records retention may be stipulated in order to com plete any action and/or resolution of
all issues which may arise as a result of any litigation, dispute, or audit, whichever is
later.
Examples of audit documentation include, but are not limited to, competitive bids, grant
amendments if any relating to the budget or work plan, copies of any agreements with
contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time
sheets, personnel expenditure summary form, travel expense log, paid warrants,
contracts and change orders, samples of items and materials developed with grant
funds, invoices and/or cancelled checks. Please refer to the Terms and Conditions
(Exhibit A) for more information.
ANNUAL SURVEY
Post-grant term Annual Surveys are required by this Agreement to help assess your
long-term satisfaction with the TDP funded by this Grant. The grantee must complete
and submit an Annual Survey for the TDP Grant Program every year for five (5 ) years
after the grant closes.
You will be notified via email once the annual online survey is available. The annual
online survey may be accessed online at: Tire-Derived Product Grant Program
(https://www.calrecycle.ca.gov/Tires/Grants/Product/default.htm).
Note: The link to the survey is only active during the survey period.
Application
Application Information
Applicant:Fresno County
Cycle Name:Tire Derived Product Grants Application Due Date:5/14/2019
Cycle Code:TDP19 Secondary Due Date:6/13/2019
Grant ID:22817
Grant Funds Requested:$119,403.00
Matching Funds:$0.00 (if applicable)
Awarded Funds:$72,048.00
Project Summary:The County of Fresno is relocating its Household Hazardous Waste Facility from the American Avenue Landfill to a new
site at 310 South West Avenue in the city of Fresno. It will also have a Conference and Education Center on site to assist
in community outreach and education. The County would like to include as many environmentally friendly (green)
construction and landscaping elements as possible and use these as examples for local residents and businesses on
green practices.
As part of our plans to accomplish these goals, we will be landscaping with California native and drought tolerant plants,
using fabric cloth underlayment beneath tire-derived rubber nuggets as a permeable, water-conserving mulch, and water
-conserving irrigation. Permeable tire-derived product will also be used for sidewalks, pathways and tree wells to better
manage storm water drainage and provide comfort underfoot. Ground Rubber Wheel Stops will be used in all parking
spaces.
The County seeks the Tire-Derived Product Grant funds to help offset some of the higher costs of using these materials
instead of traditional mulch and concrete or asphalt while encouraging environmentally conscious construction and
landscaping practices.
Collectively, all projects propose to use 196,200 lbs. of rubber mulch, yielding 16,350 passenger tires from the landfill.
Applicant/Participant
Name:Fresno County Lead:X
Federal Tax ID:94-6000512 Jurisdiction:Fresno-Unincorporated
County:Fresno
Contacts
Prime Second Auth Cnslt
Rachel Brandon Title: Staff Analyst X
Public Works and Planning - Resources
2220 Tulare Avenue
Sixth Floor
Fresno, CA 93721
Phone: 5596004061
Fax: 5596004552
Email: rbrandon@fresnocountyca.gov
Jerod Weeks Title: Senior Analyst X
Public Works and Planning
2220 Tulare Avenue
Sixth Floor
Fresno, CA 93721
Phone: 5596004311
Fax: 5596004552
Email: jweeks@fresnocountyca.gov
Steven White Title: Director of Public Works and Planning X
Public Works and Planning
2220 Tulare Avenue
Eighth Floor
Fresno, CA 93721
Phone: 5596004537
Fax: 5596004552
Email: stwhite@fresnocountyca.gov
Budget
Category Name Amount
Materials $72,048.00
Generated By: Noel Davis
Grants Management System (GMS)
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Date Generated: July 9, 2019 9:56 AM
Site Information
Environmental Compliance Center
310 South West Street
Fresno, CA 93706
Site Type: Recreation
County: Fresno
Budget Amount: 72048.0000
Documents Document Title Received Date
Required
Application Certification Application Certification 5/17/2019
Tire-Derived Certification TDP Certification - Rubber Nuggets/Wheel Stops 5/14/2019
Tire-Derived Certification TDP Certification - Sidewalks and Tree Wells 5/14/2019
Tire-Derived Certification Revised Grant Form County of Fresno 001 5/22/2019
Tire-Derived Certification Fresno DPW 227 Revised 5/22/2019
Work Plan Proposed Work Plan 5/14/2019
Required By Secondary Due Date
Resolution/Letter of Commitment Letter of Commitment 5/22/2019
Other Supporting Document(s)
Draft Resolution
EPPP Notification
Letter of Commitment
Letter of Designation
Resolution
Check the following, as applicable. See Application Guidelines and Instructions for more information and examples.
X Applicant acknowledges that its approved Resolution or Letter of Commitment must be uploaded no later than the secondary due date. Applicant
further acknowledges that if its Resolution or Letter of Commitment is received after this date, its application will be disqualified.
EPPP
Does your entire organization have an existing Environmentally Preferable Purchasing and Practices (EPPP) Policy?
X Yes, our entire organization has an existing EPPP Policy. (Must answer Yes to be eligible).
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Date Generated: July 9, 2019 9:56 AM