HomeMy WebLinkAboutA7200 - CALRECYCLE - GRANT HSEHOLD HAZ WASTE GRANT PROGRAM STATE OF CALIFORNIA-CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY(CaftcyGal
GRANT AGREEMENT COVER SHEET
CAIROCYCM 110(ROVIW Trial
T LIMBER
HD31-18-0047
NAME OF GRANT PROGRAM
2018-19 Household Hazardous Waste Discretionary Grants
GRANTEE NAME
City of Palm Springs
TAXPAYERS RDERAL EMPLOYER IDENTIFICATION NUMBER TOTAL GRANT NOT TO EXCEED
$35,450.00
TERM OF AGREEEMNr
FROM:August 20, 2018 TO: September 30, 2021
The Department of Resources Recycling and Recovery(CalRetycle)and City of Palm Springs(the'Grantee'),in mulual Consideration of the
promises made herein,agree to comply with the provisions of this Agreement,which consists of this Grant Agreement Cover Sheet and the
following Exhibits,which are incorporated by this reference and made a part of this Agreement as if attached hereto:
Exhibit A—Term and Conditions
Exhibit B—Procedures and Requirements
Exhibit C—Application with revisions,if any,and any amendments
This Agreement is of no force or effect until signed by loth parties. Grantee shall not commence performance until it receives written
approval from CalReryde.
IN WITNESS WHEREOF.this Agreement has been executed by the parties hereto.
GFANTEn NAME(PRINT OR TYPE)
CALRECYCLE City of Palm Springs
RECYCILE`SAUT"�1185WW SIGNA(AS AUTUREOED IN RESOLUTION,
r
(AS AUTHORIZ�IN RESOLUTION,LETTER OF CC ,OR LETTER OF DESIGNATR7NJ
TITLEI PATE TITLE DATE
Deputy Director, CalRecyole to '�--r 1 I t l3 lv
PAV ADDRE88(xiCL E STREET,CfrV,STATE AND LP CODE)
Community&Economic Development
3200 E.Tahquitz Canyon Way
Palm Springs, CA 92262
CERTIFICATION OF FUNDING
AMOUNT BY THIS AGREEMENT ISM YEAR PROGRAMFUND TPTLE
$35.480-00 2018-19 Household Hazardous Waele
Discmfionary Grants
PRN)R AMOUNT EHCUAMI NO TFE CHAPTER STATUTE YEAR FNUI YOr•
29 201a 2018-19
ORO (WERE FUND CODE ENACTMENTYEAR
3970 109 0387 2018
TOTAL
f35,45 .00 EC 1PQA OBJECT
2 G8002 702
REPORT]"BTIIIIC ON ROM 49"Mft�
P 7axl ACCOUNT
39707820 3700W=4 543M)
I
SIGNA DATE
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Cal6ecycle0 Grants Management System(GMS)
Application
Generated By: Annabel Farrall
Application Information
Applicant: City of Palm Springs
Cycle Name: Household Hazardous Waste Discretionary Grants Application Due Date: 3/20/2018
Cycle Code: HD31 Secondary Due Date: 412 412 01 8
Grant ID: 20749
Grant Funds Requested: $50,000.00
Matching Funds: $0.00(if applicable)
Awarded Funds: $35,450.00
Project Summary: CalRecycle has edited the following summary to reflect the approved grant project:The City of Palm Springs is seeking a
grant in the amount of$35.450 with which to establish a City-wide Household Battery Recycling Program and concurrent
Education&Outreach Initiative. Collection containers designed exclusively for this purpose will be prominently
positioned in a network of 8 municipal drop-off sites that are accessible to residents,visitors and businesses. The
program will be supported by a robust marketing campaign and public educationlawareness component.
Applicant/Participant
Name: City of Palm Springs Lead: X
Federal Tax ID: 95-6000757 Jurisdiction: Palm Springs
County: Riverside
Contacts
Prime Second Auth Cnslt
Harriet Baron Title:Director of Resource Development X
Office of Resource Development Phone:7603228367
3200 E.Tahquitz Canyon Way Fax:
Palm Springs,CA 92262 Email:harriet.baron@palmspringsca.gov
Daniel DeGarmo Title:Program Coordinator,Office of Sustainab X
Community and Economic Development- Phone:7603238248
3200 E.Tahquitz Canyon Way Fax:
Palm Springs,CA 92262 Email:daniel.degarmo@palmspringsa.gov
Marcus Fuller Title:Assistant City Manager X
Phone:7603228380
3200 E.Tahquitz Canyon Way Fax:
Palm Springs,CA 92262 Email:marcus.fuller@palmspringsca.gov
Budget
Category Name Amount
Admin Costs $7,600.00
Collection $2.550.00
Education $14,700.00
Equipment $0.00
Personnel $10,600.00
Training $0.00
Upgrade/Expansion $0.00
https:l/secure.cal recycle.ca.gov/GrantsiGrant/Grant.aspx?Grantl D=20749
Date Generated:July 16,2018 2:02 PM Page 1 of 3
Site Information
Palm Springs City Hall
3200 E.Tahquitz Canyon Way Site Type: HHW Facility
Palm Springs,CA 92262 County:Riverside
Budget Amount:6250.0000
Palm Springs Public Library
300 S. Sunrise Way Site Type: HHW Facility
Palm Springs,CA 92262 County:Riverside
Budget Amount:6250.0000
Palm Springs Leisure Center
401 Pavilion Way Site Type: HHW Facility
Palm Springs,CA 92262 County:Riverside
Budget Amount:6250.0000
Demuth Community Center
3601 E.Mesquite Avenue Site Type:HHW Facility
Palm Springs,CA 92264 County:Riverside
Budget Amount:6250.0000
James O.Jessie Desert Highland Unity Center
480 Tramview Road Site Type:HHW Facility
Palm Springs,CA 92262 County:Riverside
Budget Amount:6250.0000
Welwood Murray Memorial Library
100 S.Palm Canyon Drive Site Type:HHW Facility
Palm Springs,CA 92262 County:Plumes
Budget Amount:6250.0000
Palm Springs Fire Station#2
300 N.El Cielo Road Site Type:HHW Facility
Palm Springs,CA 92262 County:Riverside
Budget Amount:6250.0000
Palm Springs International Airport
3400 E.Tahquitz Canyon Way Site Type: HHW Facility
Palm Springs,CA 92262 County:Riverside
Budget Amount:6250.0000
Documents - Document Title Received Date
Required
Application Certification ApplicalionCenification_2018 3/19/2018
Narrative Proposal Narrative Proposal 3/1 512 01 8
Permits,Licenses,and Filings Checklist General Checklist of Business Permits,Licenses and Filings 4/19/2018
Work Plan WP_CityofPalmSprings_HD31.doc 311912018
Required By Secondary Due Date
Resolution/Letter of Commitment Current CalRecycle Resolution 3/13/2018
Other Supporting Document(s)
EPPP Policy Certification/Notification
Joint Powers Agreement
Letter of Authoriza8on/Resolution
Letter of Commitment
Letter of Designation Letter of Designation from City Manager 4/1 912 0 1 8
Resolution
Check the following,as applicable.See Application Guidelines and Instructions for more information and examples.
X Applicant acknowledges that a Resolution is uploaded in the application.The Resolution must be approved by its governing body,which authorizes
submittal of the application and designates a signature authority.If applicable,applicant has uploaded a Letter of Designation(LOD)designating an
additional signature authority(ies).
https://secure.calrecycle.ca.gov/Gmnts/GmntIGrant.aspx?Grantl D=20749
Date Generated:July 16,2018 2:02 PM Page 2 of 3
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).
Program Questions
California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter
city does not comply with Labor Code sections 1770-1782. If any applicants or participating jurisdictions are charter cities or joint powers authorities
that include charter cities,the lead applicant must certify that Labor Code section 1782 does not prohibit any included charter city from receiving state
funds for the project described in this application. If it is determined after award that a participating jurisdiction is a charter city prohibited from receiving
state funds for this grant project,the grant will be terminated and any disbursed grant funds shall be returned to CalRecycle.
If any applicant or participating jurisdiction is a charter city or a joint powers authority that contains one or more charter cities,does Labor Code section
1782 prohibit those charter cities from receiving state funding for the project described in this grant application?Check the following,as applicable.
X Not Applicable.This application does not include any charter cities.
https:lfsecure.calrecycle.m.gov/G rants/Grant/G rant.aspx?Granti D=20749
Date Generated:July 16,2018 2:02 PM Page 3 of 3
EXHIBIT A
TERMS AND CONDITIONS
Household Hazardous Waste Grant Program
Fiscal Year 2018-19
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 Household Hazardous Waste Grant Program.
• "State" means the State of California, including, but not limited to, CalRecycle and/or its
designated officer.
AIR OR WATER POLLUTION VIOLATION
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State Air
Resources Board or an air pollution control district.
(b) Out of compliance with any final cease and desist order issued pursuant to Water Code
Section 13301 for violation of waste discharge requirements or discharge prohibitions.
(c) Finally determined to be in violation of provisions of federal law relating to air or water
pollution.
AMENDMENT
No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties, and approved as required. No oral understanding or
agreement not incorporated into this Agreement is binding on any of the parties. This
Agreement may be amended, modified or augmented by mutual consent of the parties,
subject to the requirements and restrictions of this paragraph.
AMERICANS WITH DISABILITIES ACT
The grantee assures the state that it complies with the Americans with Disabilities Act of
1990 (ADA)(42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
ASSIGNMENT, SUCCESSORS, AND ASSIGNS
(a) This Agreement may not be assigned by the grantee, either in whole or in part, without
CalRecycle's prior written consent.
(b) The provisions of this Agreement shall be binding upon and inure to the benefit of
CalRecycle, the grantee, and their respective successors and assigns.
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 1
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 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 authority
authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all
times, keep the Grant Manager informed as to the identity and contact information of the
authorized representative.
AVAILABILITY OF FUNDS
CalRecycle's obligations under this Agreement are contingent upon and subject to the
availability of funds appropriated for this grant.
BANKRUPTCY/DECLARATION OF FISCAL EMERGENCY NOTIFICATION
If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C.
§901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the grantee
shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures
set forth in the section entitled "Communications" herein.
CHARTER CITIES
If the grantee is a charter city, a joint powers authority that includes one or more charter
cities, or the regional lead for a regional program containing one or more charter cities, the
grantee shall not receive any grant funding if such funding is prohibited by Labor Code
section 1782. If it is determined that Labor Code section 1782 prohibits funding for the grant
project, this Agreement will be terminated and any disbursed grant funds shall be returned to
CalRecycle.
CHILD SUPPORT COMPLIANCE ACT
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and 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 2
(b) The grantee, to the best of its knowledge, is fully complying with the earnings assignment
orders of all employees, and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
COMMUNICATIONS
All communications from the grantee to CalRecycle shall be directed to the Grant Manager.
All notices, including reports and payment requests, required by this Agreement shall be
given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures
and Requirements (Exhibit B). If an original document is required, prepaid mail or personal
delivery to the Grant Manager is required following the email or fax.
COMPLIANCE
The grantee shall comply fully with all applicable federal, state, and local laws, ordinances,
regulations, and permits. The grantee shall provide evidence, upon request, that all local,
state, and/or federal permits, licenses, registrations, and approvals have been secured for the
purposes for which grant funds are to be expended. The grantee shall maintain compliance
with such requirements throughout the Grant Term. The grantee shall ensure that the
requirements of the California Environmental Quality Act are met for any approvals or other
requirements necessary to carry out the terms of this Agreement. The grantee shall ensure
that all of grantee's contractors and subcontractors have all local, state, and/or federal
permits, licenses, registrations, certifications, and approvals required to perform the work for
which they are hired. Any deviation from the requirements of this section shall result in non-
payment of grant funds.
CONFLICT OF INTEREST
The grantee needs to be aware of the following provisions regarding current or former state
employees. If the grantee has any questions on the status of any person rendering services
or involved with this Agreement, CalRecycle must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from which
the officer or employee receives compensation or has a financial interest and which is
sponsored or funded by any state agency, unless the employment, activity, or enterprise
is required as a condition of regular state employment.
(b) No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code, § 10411):
(a) For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision-making
process relevant to the contract while employed in any capacity by any state agency.
(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 3
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.
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
CalRecycle's Competitive Grant Terms and Conditions—Revised 3/29/2016 4
materials, equipment, services or products, purchased, used, obtained, or produced with
grant funds. In no event shall CalRecycle be liable for special, incidental or consequential
damages arising from the use, sale or distribution of any materials, equipment, services or
products purchased or produced with grant funds awarded under this Agreement.
DISCRETIONARY TERMINATION
The Director shall have the right to terminate this Agreement at his or her sole discretion at
any time upon 30 days written notice to the grantee. Within 45 days of receipt of written
notice, grantee is required to:
(a) Submit a final written report describing all work performed by the grantee.
(b) Submit an accounting of all grant funds expended up to and including the date of
termination.
(c) Reimburse CalRecycle for any unspent funds.
DISPUTES
In the event of a dispute regarding performance under this Agreement or interpretation of
requirements contained therein, the grantee may, in addition to any other remedies that may
be available, provide written notice of the particulars of such dispute to the Branch Chief of
Financial Resources Management Branch, Department of Resources Recycling and
Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written notice must contain the
grant number.
Unless otherwise instructed by the Grant Manager, the grantee shall continue with its
responsibilities under this Agreement during any dispute.
DRUG-FREE WORKPLACE CERTIFICATION
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury
under the laws of California, that the grantee will comply with the requirements of the Drug-
Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a drug-free
workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specifying
actions that will be taken against employees for violations.
(b) Establish a drug-free awareness program to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace.
(3) Any available counseling, rehabilitation, and employee assistance programs.
(4) Penalties that may be imposed upon employees for drug abuse violations.
(c) Require that each employee who works on the grant:
(1) Receive a copy of the drug-free policy statement of the grantee.
(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 312912016 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 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.
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 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
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/M2016 6
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 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 3/2912016 7
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 3/2 912 0 1 6 8
(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, 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.
(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 3129/2016 9
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 other entity without the express
authorization of CalRecycle.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was
previously purchased with CalRecycle grant funds, unless the acquisition of such
equipment with grant funds is pre-approved in writing by the Grant Manager. In the event
of a question concerning the eligibility of equipment for grant funding, the burden will be
on the grantee to establish the pedigree of the equipment.
REASONABLE COSTS
A cost is reasonable if, in its nature or amount, it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the decision was
made to incur the cost. Consideration will be given to:
CalRecycle's Competitive Grant Terms and Conditions—Revised 31M2016 10
(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 Grant Manager.
REIMBURSEMENT LIMITATIONS
Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement
for a cost or activity that has been or will be paid for through another funding source. The
grantee shall not seek reimbursement for any costs used to meet cost sharing or matching
requirements of any other CalRecycle funded program.
All costs charged against the Agreement shall be net of all applicable credits. The term
"applicable credits" refers to those receipts or reductions of expenditures that operate to
offset or reduce expense items that are reimbursable under this Agreement. Applicable
credits may include, but are not necessarily limited to, rebates or allowances, discounts,
credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the
amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the
amount of the credit from the total billed under a future invoice.
RELIABLE CONTRACTOR DECLARATION
Prior to authorizing any contractor or subcontractor to commence work under this Grant, the
grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from
the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of
CalRecycle's Competitive Grant Terms and Conditions—Revised 3/2912016 11
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,
11arm's-length transactions" are those in which both parties are on equal footing and fair
market forces are at play, such as when multiple vendors are invited to compete for an
entity's business and the entity chooses the lowest of the resulting bids. "Self-dealing" is
involved where an individual or entity is obligated to act as a trustee or fiduciary, as when
handling public funds, and chooses to act in a manner that will benefit the individual or entity,
directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all
grant monies are to be expended.
SEVERABILITY
If any provisions of this Agreement are found to be unlawful or unenforceable, such
provisions will be voided and severed from this Agreement without affecting any other
provision of this Agreement. To the full extent, however, that the provisions of such
applicable law may be waived, they are hereby waived to the end that this Agreement be
deemed to be a valid and binding agreement enforceable in accordance with its terms.
SITE ACCESS
The grantee shall allow the state to access sites at which grant funds are expended and
related work being performed at any time during the performance of the work and for ninety
(90) days after completion of the work, or until all issues related to the grant project have
been resolved.
STOP WORK NOTICE
Immediately upon receipt of a written notice from the Grant Manager to stop work, the
grantee shall cease all work under this Agreement.
TERMINATION FOR CAUSE
CalRecycle may terminate this Agreement and be relieved of any payments should the
grantee fail to perform the requirements of this Agreement at the time and in the manner
herein provided. In the event of such termination, CalRecycle may proceed with the work in
any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from
any sum due the grantee under this Agreement. Termination pursuant to this section may
result in forfeiture by the grantee of any funds retained pursuant to CalRecycle's 10 percent
retention policy.
CalRecycle's Competitive Grant Terms and Conditions—Revised 3/29/2016 12
TIME IS OF THE ESSENCE
Time is of the essence to this Agreement.
TOLLING OF STATUTE OF LIMITATIONS
The statute of limitations for bringing any action, administrative or civil, to enforce the terms of
this Agreement or to recover any amounts determined to be owing to CalRecycle as the
result of any audit of the grant covered by this Agreement shall be tolled during the period of
any audit resolution, including any appeals by the grantee to the Director.
UNION ORGANIZING
By signing this Agreement, the grantee hereby acknowledges the applicability of Government
Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and
hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union
organizing by employees performing work under this Agreement.
(b) If the grantee makes expenditures to assist, promote, or deter union organizing, the
grantee will maintain records sufficient to show that no state funds were used for those
expenditures, and that grantee shall provide those records to the Attorney General upon
request.
VENUE/CHOICE OF LAW
(a) All proceedings concerning the validity and operation of this Agreement and the
performance of the obligations imposed upon the parties hereunder shall be held in
Sacramento County, California. The parties hereby waive any right to any other venue.
The place where the Agreement is entered into and place where the obligation is incurred
is Sacramento County, California.
(b) The laws of the State of California shall govern all proceedings concerning the validity and
operation of this Agreement and the performance of the obligations imposed upon the
parties hereunder.
WAIVER OF CLAIMS AND RECOURSE AGAINST THE STATE
The grantee agrees to waive all claims and recourse against the state, its officials, officers,
agents, employees, and servants, including, but not limited to, the right to contribution for loss
or damage to persons or property arising out of, resulting from, or in any way connected with
or incident to this Agreement. This waiver extends to any loss incurred attributable to any
activity undertaken or omitted pursuant to this Agreement or any product, structure, or
condition created pursuant to, or as a result of, this Agreement.
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 Competitive Grant Terms and Conditions—Revised 3129/2016 13
EXHIBIT B
PROCEDURES AND REQUIREMENTS
HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM
31th Cycle (Construction)— Fiscal Year 2018-19
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
Grant Management System (GMS)..................................................................................... 2
PriorTo Commencing Work................................................................................................ 3
GrantTerm.......................................................................................................................... 3
EligibleCosts ...................................................................................................................... 4
IneligibleCosts.................................................................................................................... 5
Modifications.......................................................................................................................6
Acknowledgements.............................................................................................................6
ReportingRequirements ..................................................................................................... 7
Progressand Final Reports.................................................................................................8
GrantPayment Information .................................................................................................9
Payment Request and Documentation................................................................................ 9
Supporting Documentation................................................................................................ 10
AuditConsiderations ......................................................................................................... 11
Household Hazardous Waste Grant Program,FY 2018-19 1
INTRODUCTION
The Department of Resources Recycling and Recovery (CalRecycle) administers the
Household Hazardous Waste (HHW) Grant Program. These Procedures and
Requirements describe project and reporting requirements, report due dates, report
contents, grant payment conditions, eligible and ineligible project costs, project completion
and closeout procedures, records and audit requirements.
This document is attached to, and incorporated by reference, into the Grant Agreement.
MILESTONES
Date Activity
Notice to Proceed Grant Term Begins on the date the Notice to Proceed is
Date emailed.
September 30, 2019 ! Progress Report#1 Due
Covering activities from Notice to Proceed to September 1,
2019
September 30, 2020 Progress Report#2 Due
Covering activities from September 2, 2019 to
September 1, 2020
September 30, 2021 Final Report and final Payment Request Due
Covering activities from Notice to Proceed to
September 30, 2021
September 30, 2021 Grant Term End
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 anew WebPass account to continue accessing GMS. Establish or
manage a WebPass at CalRecycle's WebPass page
(https://secure.caIrecycle.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 button. 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.
• 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.
Household Hazardous Waste Grant Program,FY 2018-19 2
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
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
(www.caIrecycle.ca.gov/Laws/Regulations/Title14/ch1.htm#ch1a5), 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
(http://www.calrecycle.ca.gov/Funding/Unreliability/List.htm) 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
(www,calrecycle.ca.gov/Funding/Forms).
A scanned copy of the signed Reliable Contractor Declaration form must be uploaded in
GMS. To upload the form:
1. Go to the Reports tab.
2. Click on Reliable Contractor Declaration under Report Type.
3. Click the Add Document button.
4. Select Reliable Contractor Declaration in the Document Type drop down box,
enter a document title, click the Browse button to search and upload the document,
and then Save.
5. Click on the Submit Report button.
For further instructions regarding GMS, including login directions, see the section above
titled Grant Management System.
GRANT TERM
The Grant Term begins on the date of the Notice to Proceed email. Grant-eligible program
expenditures may start no earlier than the date indicated in the Notice to Proceed. The
Grant Term ends on September 30, 2021 and all eligible program costs must be incurred
by this date.
Household Hazardous Waste Grant Program,FY 2016-19 3
The Final Report and final Payment Request are due on September 30, 2021. CalRecycle
recommends reserving the period from September 1, 2021 to September 30, 2021
exclusively for the preparation of the Final Report and final Payment Request, though they
may be completed earlier. Costs incurred to prepare the Final Report and final
Payment Request are only eligible for reimbursement during the Grant Term.
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:
• HHW public education and outreach for general audiences (may include EPR
information).
• Implementation of sustainable EPR collection opportunities, to include but not
limited to:
o Promotion of an ongoing retail take-back program such as batteries or
fluorescent lamps at local hardware stores, businesses, or government
facilities.
o Promotional collection events hosted at businesses or government facilities.
o Promotional public education and outreach materials specifically for local
retail take-back programs.
• Project to:
o Determine and implement the most safe and cost effective methods for
collecting propane gas cylinders and/or marine flares.
o Implement effective education programs and identify effective incentives that
reduce the disposal of household hazardous waste. The incentives must be
something reusable to replace HHW being disposed (does not include
monetary or Sf WAGI incentives, rechargeable batteries, adapters, valves,
caps or other accessories for refilling propane canisters).
i. Incentive costs of up to 20 percent of the approved Budget are
eligible. Incentives cannot exceed $20 (including sales tax) per item
and no more than one per household may be distributed.
ii. If refillable propane cylinders are used as incentives, it cannot be
larger than one pound.
• Set-up and operation of temporary or mobile collection program for one-day or
multi-day collection events. It includes promoting, handling, permitting, and disposal
costs for the following except for those materials that are currently covered by
another recycling/collection program (e.g. covered electronic waste, cell phones,
thermostat, etc.):
o Common HHW materials and universal waste
o Marine flares
o Propane gas cylinders up to 5 gallons
o Solar panels as a pilot project. Awardees are required to collect and report
data on type/style of panels, manufacturer, volume, and the method of
disposal.
Household Hazardous Waste Grant Program, FY 2019-19 4
• New or expanded curbside and/or door-to-door collection programs to allow for the
collection of new and eligible HHW materials.
• Minor improvements to an existing HHW facility. (Examples include: storage bins,
signage, painting, paving, shelving, etc.)
• Purchase of personal protection equipment.
• 8-hour refresher Hazardous Waste Operations and Emergency Response
Standards (HAZWOPER) training.
• Indirect costs up to 10 percent of the total grant funds that have been reimbursed.
For more detail, refer to the Indirect Costs section below.
Indirect Costs
Indirect costs can be claimed by the Grantee. The following guidelines must be used
when claiming these costs.
• The total amount of indirect costs charged to the grant shall not exceed 10 percent
of the grant funds reimbursed. These costs are expenditures not capable of being
assigned or not readily itemized to a particular project or activity, but considered
necessary for the operation of the organization and the performance of the
program. The costs of operating and maintaining facilities, accounting services,
and administrative salaries as well as contractor's indirect costs in their contracts,
are examples of indirect costs. All indirect costs charged to the grant must be
associated with grant activities as shown in the approved Budget.
• Direct costs charged directly to the grant shall not be included in the indirect cost
formula. Supervision performed by managers and supervisors can be included in
the indirect cost formula, and therefore, will not be a direct charge to the grant. On
the other hand, if a manager or supervisor performs an activity that is directly
related to the execution of the grant (not supervision), costs associated with this
activity may be included as a direct charge. Such activity must be clearly supported.
by appropriate documentation and shall not be charged to the grant as indirect cost.
• The Grantee must maintain organized and accurate records that follow generally
accepted accounting principles and leave an audit trail. The Grantee must provide
access to all documents related to the grant program and fiscal operation of the
grant program as deemed necessary by CalRecycle.
If you are uncertain whether a given cost is considered an indirect cost, contact the
Grant Manager.
INELIGIBLE COSTS
Any costs not specifically included in the approved Budget and not directly related to HHW
and the approved grant project are ineligible for reimbursement. Contact the Grant
Manager if clarification is needed. Ineligible costs include, but are not limited to:
• Costs incurred prior to receipt of the Notice to Proceed email or after
September 30, 2021
• Any costs, such as equipment, maintenance, repairs, tools, supplies, or services
not related to the approved project
• Any food or beverages (e.g., as part of meetings, workshops, or events)
• Costs currently covered by another CalRecycle loan, grant, grant cycle or contract
• Costs for planning and/or design of HHW facilities
• Ongoing costs to maintain an HHW program
• Developing or customizing school curricula
Household Hazardous Waste Grant Program,FY 2015-19 5
• Developing or expanding a permanent facility on non-government owned property
• Equipment or services not related to the project
• HAZWOPER 40-hour and 24-hour courses
• Honoraria, stipends, prizes, royalties, strictly promotional give-away items (SWAG),
etc.
• Management, handling, disposal, or treatment of radioactive, explosives, or medical
wastes, sharps, and pharmaceuticals
• Out-of-state travel
• Overtime costs/Compensated Time Off(except for local government staffing during
specially scheduled evening or weekend events when law or labor contract requires
overtime compensation)
• Personnel costs not related to the project
• Premiums or promotional items unless pre-approved in writing by the Grant
Manager
• Pre-paid expenditures for future goods or services delivered beyond the end of the
grantterm
• Promotion of either brand-name product(s) or private businesses with grant funds
• Public education and outreach not related to the project
• Purchase or lease of land
• Remediation (any cleanup or restoration of polluted areas)
• Travel costs exceeding the state-approved rates for mileage, per diem, lodging, etc.
• For one pound propane or marine flare projects, ineligible incentives include:
monetary or SWAG incentives, rechargeable batteries, propane canisters/tanks
over one pound, adapters, valves, caps or other accessories used for home refilling
of propane canisters.
• Handling and recycling costs for HHW collected from commercial entities
• Costs deemed unreasonable or not related to the grant project by the Grant
Manager
Questions regarding eligible/ineligible costs should be directed to the Grant Manager.
MODIFICATIONS
Any proposed revision(s) to the Work Plan and/or Budget must be submitted in writing and
pre-approved in writing by the Grant Manager prior to grantee incurring the 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).
ACKNOWLEDGEMENTS
The grantee shall acknowledge CalRecycle's support each time projects funded, in whole
or in part, by this Agreement are publicized in any medium, including news media,
brochures, or other types of promotional materials. The acknowledgement of
CalRecycle's support must incorporate the CalRecycle logo. Initials or abbreviations for
CalRecycle shall not be used. The Grant Manager may approve deviation from this
requirement on a case-by-case basis where such deviation is consistent with CalRecycle's
Communication Strategy and Outreach Plan.
Publicity and Education
The following items require acknowledgement of funding from CalRecycle and pre-
approval from the CalRecycle Grant Manager prior to incurring the expense:
Household Hazardous waste Grant Program, FY 201 8-19 6
• All television, radio and video scripts
• Functional premiums, if the per unit price is greater than $6.00
• Advertisements
• Audio and/or visual material
• Brochures
• Pamphlets
• Other outreach
All publicity and education materials must include the following:
1. "Funded by a grant from CalRecycle." Exception: The acknowledgement line is not
required on small items where space constraints would not allow for this line or if it
would interfere with the message.
o There are two acceptable Spanish translations: "Financiado por una beca
del CalRecycle" or"Patrocinado por Tondos del CalRecycle." For other
languages, the Grantee must work with a certified translator or person fluent
in reading and writing that language. All exceptions must be pre-approved in
writing by the CalRecycle Grant Manager.
2. CalRecycle logo (http://www.caIrecycle.ca.gov/gallery/) as reflected on the
CalRecycle website, can be obtained from the Office of Public Affairs at
opa(oDcal recycle.ca.gov.
3. A list of HHW collection sites within the targeted community with a local telephone
number or website to obtain further information on local collection centers. (Use the
1-800-CLEANUP number or earth911 website (http://search.earth9l l.com/) if your
jurisdiction does not maintain its own 24-hour hotline.)
4. Press Releases —the only requirement is to place the name of"CalRecycle" as an
acknowledgement in the body of the release.
Graphics
HHW-related graphics (http://www.caIrecycle.ca.gov/UsedOiI/Graphics/HHWArt/) are
available for use. For large equipment, a CalRecycle bumper sticker
(http://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper) "Equipment funded by a grant
from CalRecycle" is available and is required to be affixed to all large pieces of equipment
purchased with grant funds. These can be requested from your grant manager when
available. When submitting the Final Report, a photograph of this equipment should
include the affixed sticker.
Retention of Public Education
For audit purposes, grantees are required to retain samples of all publicity and education
materials for three years AFTER the close of the Grant Term, or a longer period if
warranted to resolve any issues with this grant. (See Audit/Records Access Section in
Terms and Conditions, Exhibit A.)
REPORTING REQUIREMENTS
Two Progress Reports 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.
Household Hazardous Waste Grant Program,FY 2018-19 7
Templates for both the Progress Report and Final Report are available in GMS on the
Summary tab of the Grant Management module. For further instructions regarding GMS,
including login directions, see the section above entitled, Grant Management System.
To select a report template:
1. Go to the Summary tab.
2. In the Resource Documents section, click on the appropriate report document.
(Progress Report or Final Report)
3. Complete the report, save it.
All reports must be uploaded in GMS. 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.
5. Click the Submit Report button to complete your report submittal. The Submit
Report button will not be enabled until all required reporting documents are
uploaded.
The reports must be current, include all required sections and documents, and must be
approved by the Grant Manager before any Payment Request can be processed. Failure
to comply with the specified reporting requirements may be considered a breach of this
Agreement and may result in the termination of this Agreement or rejection of the Payment
Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise
have been eligible for grant funding. Any problems or delays must be reported
immediately to the Grant Manager.
PROGRESS AND FINAL REPORTS
The two progress and a final report must include the Grant Number, Grantee's name,
Grant Term, and the following disclaimer statement:
"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."
• Progress Report#1 is due on September 30, 2019 (covering grant activities from
the Notice to Proceed through September 1, 2019).
• Progress Report#2 is due on September 30, 2020 (covering grant activities from
September 2, 2019 through September 1, 2020).
• The Final Report is due on September 30, 2021 (covering grant activities from the
Notice to Proceed through September 30, 2021).
Household Hazardous waste Grant Program,FY 2018-19 8
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 in the approved grant
application.
2. Reimbursement may be requested only three times during the Grant Term. In
conjunction with (or after) submission of the Progress Reports and in conjunction
with the Final Report.
3. The grantee must submit the required Progress Reports/Final Report, and the
Grant Manager must approve the report prior to, or concurrent with, submission of
the Grant Payment Request.
4. The grantee must submit a completed Grant Payment Request and provide
supporting documentation as described in the "Payment Request and
Documentation" section for completed project(s) only.
5. Grant payments will only be made to the grantee. It is the grantee's responsibility
to pay all contractors and subcontractors for purchased goods and services.
6. Ten percent of 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.
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.
8. The grantee must provide a Reliable Contractor Declaration (CalRecycle 168)
(http://www.calrecycle.ca.gov/Funding/forms/) signed under penalty of perjury by
the grantee's contractor(s) and subcontractor(s) in accordance with the "Reliable
Contractor Declaration° provision of the Terms and Conditions (Exhibit A). The
declaration must be received and approved by the Grant Manager prior to
commencement of work. See "Reliable Contractor Declaration" provision in Terms
and Conditions (Exhibit A) for more information.
PAYMENT REQUEST AND DOCUMENTATION
Failure to submit the final Payment Request with appropriate documentation by the due
date may result in rejection of the Payment Request and/or forfeiture by the grantee of
claims for costs incurred that might otherwise have been eligible for grant funding.
Payment requests must be submitted in GMS. For further instructions regarding GMS,
including login directions, see the section above entitled, 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.
• 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.
Household Hazardous waste Grant Program,FY 2018-19 9
• 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 each of
the following.
a) Invoices, receipts, or purchase orders must include the vendor's name and
telephone number, address, description of goods or services purchased,
amount due, and date. The claimed expenses should be highlighted and
identified with applicable task number on each invoice.
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. Expenditure Itemization Summary (EIS) (CalRecycle 667)
Each EIS must be accompanied by supporting documentation for each line item
expense. All expenditures must be itemized and arranged by the reporting and
expenditure categories as contained in the Grantee's approved Budget and Work
Plan-
D. Personnel Expenditure Summary (CalRecycle 165 or grantee's version), when
applicable. Document personnel expenditures based on actual time spent on grant
activities and actual amounts paid to personnel (these forms are not required if you
have an alternate time reporting method pre-approved by your Grant Manager).
Household Hazardous Waste Grant Program,FY 2018-19 10
E. Travel Expense Log Form (CalRecycle 246 or grantee's version), when applicable.
Document costs related to travel and include supporting documentation.
All forms listed above can be downloaded from the CalRecycle Grant Forms website
(http://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 complete any action and/or resolution of all issues
which may arise as a result of any litigation, dispute, or audit, whichever is later.
Examples of audit documentation include, but are not limited to, competitive bids, grant
amendments if any relating to the budget or work plan, copies of any agreements with
contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time
sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts
and change orders, samples of items and materials developed with grant funds, invoices
and/or cancelled checks. Please refer to the Terms and Conditions (Exhibit A) for more
information.
Household Hazardous waste Grant Program,FY 2018-19 11
RESOLUTION NO. 23880
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, SUPPORTING AND
AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL
CALRECYCLE GRANTS FOR WHICH THE CITY OF PALM
SPRINGS IS ELIGIBLE AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE ALL SUCH
APPLICATIONS AND AGREEMENTS.
WHEREAS, Public Resources Code sections 40000 et seq. authorize the
Department of Resources Recycling and Recovery (CalRecycle) to administer various
grant programs (grants) in furtherance of the State of California's (state) efforts to
reduce, recycle and reuse solid waste generated in the state thereby preserving landfill
capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority CalRecycle is required to establish
procedures governing the application, awarding, and management of the grants; and
WHEREAS, CalRecycle grant application procedures require, among other
things, an applicant's governing body to declare by resolution certain authorizations
related to the administration of CalRecycle grants.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Palm
Springs authorizes the submittal of applications to CalRecycle for all grants for which
City of Palm Springs is eligible; and
BE IT FURTHER RESOLVED that the City Manager, or designee, is hereby
authorized and empowered to execute in the name of the City of Palm Springs all grant
documents, including but not limited to, applications, agreements, amendments and
requests for payment, necessary to secure grant funds and implement the approved
grant project; and
BE IT FURTHER RESOLVED that these authorizations are effective for five (5)
years from the date of adoption of this resolution.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE THAT THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
ENDORSES AND SUPPORTS THE RESOLUTION AUTHORIZING THE
APPLICATION FOR ALL CALRECYCLE GRANTS FOR THE NEXT FIVE YEARS.
CERTIFIED COPY
I certify that this is a true and correct copy of the document
on file in the official records of the City of Palm Springs.
Chief Deputy City Clerk
This certification must appear In blue with an original
signature.
Resolution No,23890
Page 2
ADOPTED THIS 2No DAY OF SEPTEMBER, 2015.
David H. Ready, Cit er
ATTEST:
mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) Ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23890 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 2nd day of
September, 2015, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk
i�tity of Palm Springs, California
tpux ap
N City of Palm Springs
3200 E.Tahgoitz Canyon Way - Pahu Springs,Cdifornia 92262
•C4lrFORN�* Tel:760.323.8200 • Ruc:760.323.8207 - TDD 760.864,9527 • wuu.na ms C1nnF a.e x
April 18, 2018
Jayme Tesser
Fiscal and Process Oversight
CalRecycle
1001 I Street, 911'Floor, 9-57E
Sacramento,CA 95814
RE: Letter of Designation—Grant and Payments Program
Dear Mr.Tesser,
Pursuant to the City of Palm Springs Resolution,No. 23890,authorizing an application for the
Household Hazardous Waste Grant Program, I am the designated Signature Authority for the
City of Palm Springs. I am authorized by the Resolution to execute on behalf of the City of Palm
Springs on all documents,including but not limited to,applications,agreements,amendments
and requests for payment,necessary to secure funds and implement the approved project. The
Resolution also authorizes me to delegate this authority. Accordingly, I hereby delegate this
authority to the Assistant City Manager,Marcus Fuller.
This delegation is effective during FY 2018-19 or until rescinded by me or my successor.
Respectfully,
David H. Ready, Esq.,Ph.D.
City Manager
CITY OF PALM SPRINGS
3200 E.Tahquitz Canyon Way
Palm Springs,CA 92262
Ph: 760-322-8362