HomeMy WebLinkAboutCalifornia Product Stewardship Council (CPSC) - 2019-02-21 GRANT PARTNERSHIP AGREEMENT
PROJECT:
THIS AGREEMENT is made and entered into on the day shown for its execution
by the City of Huntington Beach, a municipality.hereinafter designated as
"AGENCY;" and the California Product Stewardship Council, a California
corporation; hereinafter designated as "CPSC."
RECITALS
A. The AGENCY desires to obtain partners to assist with the implementation of
the HD 31 Grant Number HD 311-18=005G(the "Grant');.awarded by the
Department of Resources Recycling and Recovery, which is incorporated by
reference, hereinafter designated as:the'"PROJECT."
B. It is the mission of CPSC to shift California's product management system
from one focused on government funded and ratepayer financed waste
diversion to one that relies on producer responsibility in order to reduce public
costs and drive improvements in product design that promote environmental
sustainability.
C. AGENCY desires and agrees to contract with CPSC, as an independent
organization, and CPSC desires and agrees to provide assistance to
AGENCY as an independent organization., and
D. The activities under this agreement will further CPSC's exempt (educational)
purposes because they are "non-profit" in character and will serve the public
good and not just particular individuals or organizations.
E. CPSC warrants that it possesses the skill',.experience, ability; background;
certification and knowledge to provide the Services described:in this
Agreement and pursuant to the terms and provisions hereinafter set forth.
NOW, THEREFORE, the parties hereto agree'as follows:
1. SCOPE OF WORK. The scope of work to be provided by CPSC under this
Agreement'shall include, but is not limited to; providing consulting, and
related services, to assist AGENCY with implementing the Grant, as set out
in EXHIBIT"C", All work shall comply with the Terms and Conditions and
Procedures and Requirements that govern the Grant, as more particularly
set forth in EXHIBIT "A" and EXHIBIT"B" attached hereto and incorporated
herein by this reference. In interpreting the Scope of Work reference may be:
made to the Grant Agreement, including EXHIBITS "A" and "B
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1.1. CPSC TO WORK WITH AGENCY. All work by CPSC shall require
that CPSC interact with the AGENCY so as to accomplish the result
sought bythe AGENCY. AGENCY'S Manager, Fred Wilson, City
Manager, is the AGENCY's authorized representative for interpreting
and enforcing the terms and provisions of this Agreement relating to
the scope of work to be performed. The AGENCY'S Manager may
delegate authority to any designee(s).he may select in his sole and
absolute discretion (hereinafter referred to as the "AGENCY's
Representative").
TIME FOR PERFORMANCE.
2.1. The servicesof CPSC are to commence:no sooner than January 1,.
2019 or upon the date of the execution of the Agreement which ever
is the later, and shall continue until all authorized work is approved by
the AGENCY's Representative. Time is.of the essence in the
performance of work provided for in this Agreement. CPSC shalt
perform all work in a diligent and workmanlike manner. CPSC shall:
complete each.task in accordance with the schedule of performance
attached hereto as EXHIBIT"C."
2.2. In the event.thata dispute arises between AGENCY and the CPSC
as to the interpretation of this Agreement, or the compensation
rendered hereunder, or the time for completion of the work, CPSC
will not be excused from any scheduled completion date provided.for
by this Agreement. CPSC shall diligently proceed in a workmanlike
manner with all work. No work may be delayed or postponed by
CPSC pending resolution of a dispute or disagreement with the
AGENCY unless the AGENCY so agrees in writing.
2.3. The work will be performed on a continuous, ongoing basis. CPSC
will teleconference with the AGENCY's Representative as needed,
but in no event less than once per'month, taevaluate work load and
schedule upcoming activities and staffing.needs.
2.4. CPSC shall submit all requests for extensions of time for
performance in writing to the AGENCY's Representative no later than
ten (.10) calendar days after the occurrence of any event or condition
which purportedly caused the delay, and in no event later than the
date on which.performance is to be complete. The AGENCY's
Representative, in their sole andabsolute discretion,. shall review all
such requests and will grant'CPSC reasonable time extensions for
unforeseeable delays which are beyond CPSC's control..The
AGENCY's Representative's decision in this regard shall be
controlling.
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2.5. For all time periods not specifica#ly set forth:herein, CPSC shall
respond in the most expedient and appropriate manner under the
circumstances,,i;e , telephone, fax, hand delivery, mail, electronic fife
transfer, ore mail.
3. DESIGN CRITERIA AND STANDARDS All work must comply with all
applicable County,. State and Federal laws, codes, ordinances and.
regulations.
4. INDEPENDENT ORGANIZATION. The AGENCY and CPSC are and at.all
times shall remain independent contractors as to each other, and no joint
venture, partnership, agency or other legal relationship which would impose
vicarious liability upon one party for the act or omission of the other shall be
created or implied as a result of this Agreement. CPSC acknowledges that
CPSC shall not be covered under the AGENCY's employee benefit plan..
Except as is expressly set forth in this Agreement, each party will bear full
and sole responsibility for its own expenses, liabilities, costs of operation
and the like. Neither party has the power to bind the other party or to
assume or to create any obligation or responsibility,,express or implied, on
behalf of, or in the name of, the other party. CPSC shall provide a list of its
agents, sub-contractors and employees performing any work.in connection
with the work provided for in thisf Agreement. CPSC's engineers,
environmental scientists, draftsmen,surveyors, inspectors, agents,
sub-contractors and employees will be subject to the approval of the
AGENCY's Representative. Only competent workers may provide the
services. Any person employed, who is found to be incompetent,
intemperate, troublesome, disorderly or otherwise objectionable, or who fails
or refuses to perform work properly and acceptably, will be immediately
removed from the work by CPSC and not re-employed on the PROJECT..
5. WORKER'S`COMPENSATION. CPSC acknowledges the provisions of
Section 3700 of the Labor Code which require every employer to be insured
against liability for Workers' Compensation or to undertake self-insurance in
accordance with the provisions of that Code. CPSC will comply with Labor
Code requirements and provide certification of compliance upon execution
of this Agreement or, in the discretion of the AGENCY's Representative, not.
later than commencement of the work to be performed under this
Agreement. The workers' compensation certificate must include a waiver of
subrogation endorsement.
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6. LIABILITY INSURANCE. CPSC, at its expense, shall secure and maintain
in force for the term of this Agreement, insurance policies which will insure,
indemnify and protect.CPSC, its officers,employees, and/or agents, and the
AGENCY, and its officers, officials;.employees,.volunteers, independent
contractors and/or agents'from claims for bodily injury, death, or property
damage which may arise as a,result of CPSC's operations under this
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Agreement, whether those operations be employed by them directly or
indirectly. Said policies will not be for less than the following amounts, and
must name the AGENCY, its officers, officials, employees, volunteers,
independent contractors and/or agents as additional named insureds:
6.1. MINIMUM SCOPE OF INSURANCE. Coverage shall beat least as
broad as:
a. Commercial General Liability coverage
b, Automobile Liability
c., Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
d. Errors and Omissions liability insurance appropriate to the
CPSC's profession. Architects' and engineers' coverage is to
be endorsedto include contractual liability.
6.2. :MINIMUM LIMITS OF INSURANCE. CPSC shall maintain insurance
policy limits no less than:
a. General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate.limit is
used, either the project; location or the general aggregate limit
shall be twice the required occurrence.
b. Automobile Liability: $1,000,000 combined single limit.
c. Employer's Liability: $1,000,000 per accident for bodily injury or
disease.
6.3. DEDUCTIBLES AND SELF-INSURED RETENTIONS. Any
deductibles or self-insured retentions must be declared to and
approved by the AGENCY. At the option of the AGENCY,.the
AGENCY may require either: (i) that the'insurer reduce or eliminate
deductibles or self-insured`retentions with respect to the AGENCY,,
its officers, officials, employees and volunteers, or(ii) that.CPSC
provide a financial guarantee satisfactory to the AGENCY
guaranteeing payment of losses and related.investigations, claim
administration and defense expenses.
a. The policies must contain, or be endorsed to contain, the
following provisions.
i. The AGENCY; their officers, officials, employees,
volunteers, and agents are to be covered' as.
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additional named insureds with respect to: liability
arising out of activities performed by or on behalf of
CPSC; products and completed operations of CPSC;
premises owned, leased or used by CPSC; or
automobiles owned, leased, hired or borrowed by
CPSC. The coverage may not contain any special
limitations on the scope of protection afforded to the
AGENCY, its officers, officials, employees,
volunteers, or agents.
ii. CPSC's insurance coverage will be the primary
insurance with respect to the AGENCY, its officers,
officials, employees, volunteers, and agents. Any
insurance or self-insurance maintained by the
AGENCY, its officers, officials, employees,
volunteers, or agents is in excess of CPSC's
insurance and shall not contribute to it.
iii. Any failure to comply with reporting provisions of the
policies will not affect coverage provided to the
AGENCY, their officers, officials, employees,
volunteers or agents.
iv. Coverage will state that the CPSC's insurance will
apply separately to each insured against whom
claim(s) is/are made or suit(s) is/are brought, except
with respect to the limits of the insurer's liability.
a. Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation
against the AGENCY, its officers, officials, employees,
volunteers, or agents for any and all losses arising from work
performed by CPSC for the AGENCY.
b. All Coverages. Each insurance policy required by this clause
must be endorsed to state that coverage will not be
suspended, voided, canceled, reduced, in coverage or in
limits, unless thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the
AGENCY.
c. Subcontractors. CPSC shall include all subcontractors as
additional named insureds under its policies or shall furnish
separate certificates and endorsements for each
subcontractor. All coverages for subcontractors are subject
to the requirements stated in Section 6 of this Agreement.
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d. Work Termination. In the event that any,of the'above
insurance policies should lapse or be canceled or terminated
within the period of the contract,.CPSC shall cease all work
under this Agreement until such time as adequate insurance
is reinstated pursuant to the terms of this Agreement.
e. Notification of Claims and/or Actions. CPSC will notify
AGENCY within seven (7) calendar days of CPSC's actual
knowledge of any and all claims made and/or actions filed
against CPSC or any officer, agent, servant or employee of
CPSC;,for any cause whatsoever arising out of the work to
be performed by CPSC pursuant to this Agreement.
f. Maintenance of insurance by the CPSC as specified in this
Agreement not be interpreted as relieving CPSC of any
responsibility whatsoever and the CPSC may carry, at its
own expense, such additional insurance as it deems
necessary..
g. Coverage shall not extend to any indemnity coverage for the
active negligence of the additional insured in any,case where
an agreement to indemnify the additional insured would be
invalid under the California Civil Code..
6'A. ACCEPTABILITY OF INSURERS. Insurance is to be placed with.
insurers with a current A.M. Best's rating of no less than A:VII, unless
otherwise acceptable to the AGENCY.
6.5. VERIFICATION OF COVERAGE CPSC shall furnish the AGENCY
with original certificates and amendatory endorsements affecting
coverage required by this clause The endorsements should be on
forms provided,by the AGENCY or other forms provided these
endorsements conform to AGENCY requirements. All certificates
and endorsements are to be received and approved by the AGENCY
before work commences. The AGENCY reserves the:right to require
complete, certified copies of all required insurance policies, including
endorsements affecting the coverage required by these specifications
at any time,
7. INDEMNIFICATION. CPSC shall defend, indemnify, and hold harmless
AGENCY; its,officers; agents; and employees from any liability for damage
or claims for damage for any economic loss;or personal injury, including
without limitation, death, and/or property damage, which may arise from the
intentional.or negligent acts or omissions of CPSC in the performance of
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services rendered under this Agreement by CPCS, or any of CPSC's
officers, agents, employees, contractors, or subcontractors.
8. PROFESSIONAL ABILITY OF CPSC. The AGENCY has relied upon the
professional training and ability of CPSC to perform the services and scope
of work hereunder as a material inducement to enter into this Agreement.
CPSC shall therefore provide properly skilled professional and technical
personnel to perform all services required by it to be performed under this
Agreement. All work performed by CPSC must be in accordance with all
applicable legal requirements and meet and conform to the standard of
quality ordinarily to be expected of competent professionals in CPSC's field
of expertise. Except where the Scope of Work calls for CPSC to provide an
opinion or further services to complete the prior preliminary work of other
professionals, CPSC will have the right to rely upon the accuracy of
AGENCY documents and information provided to CPSC by the AGENCY.
9. NO CONFLICT OF INTEREST. CPSC (including principals, associates and
professional employees) covenants and represents that it does not now
have any investment or other interest in real property and shall not acquire
any interest, direct or indirect, in the area covered by this Agreement or any
other source of income, interest in real property or investment which would
be affected in any manner or degree by the performance of CPSC's
services under this Agreement. CPSC further covenants and represents
that in the performance of its duties, no person having any such interest will
perform any services under this Agreement. Furthermore, CPSC will not be
financially interested in any other AGENCY contract for this project. CPSC
will indemnify and hold harmless the AGENCY, under Section 7 above, for
any claims or damages resulting from the CPSC's violation of this Section.
Notwithstanding the foregoing, CPSC is not a designated employee within
the meaning of the Political Reform Act because CPSC (a) will conduct
research and arrive at conclusions with respect to his/her rendition of
information, advice, recommendation or counsel independent of the control
and direction of the AGENCY other than normal agreement monitoring; and
(b) possesses no authority with respect to any AGENCY decision beyond
rendition of information, advice, recommendation or counsel. [FPPC Reg.
18700(a)(2)1.
10. OWNERSHIP OF DOCUMENTS. All plans, studies, computations,
specifications, including details, computations, and other documents or
writings, prepared or provided by and for CPSC, its officers, employees,
agents and subcontractors in the course of implementing this Agreement,
except working notes and internal documents, will become the sole property
of the AGENCY, and AGENCY shall have the right to use those materials in
its sole discretion without further compensation to CPSC or to any other
party. CPSC shall, at its sole expense, provide such reports, plans, studies,
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documents and other writings to the AGENCY with seven (7) days of the
AGE'NCY's written request. CPSC may, however, retain a copy of all
material provided and produced pursuant to this Agreement for the purpose
of documenting CPSC's participation in performing the scope of work
provided in this Agreement: The CPSC will be granted an unlimited right to
utilize the materials provided and produced pursuant to this Agreement for
CPSC's charitable purposes.
10.1. CONFIDENTIALITY-All ideas, memoranda; appraisals, procedures,
drawings, descriptions, computer program data, input record data,
written information, and other documents and data either created
by or provided to CPSC in connection with the performance of this
Agreement will be;held confidential by CPSC,
10.2. DELIVERABLES. All printed material, if any, required to be
submitted by CPSC as a final and deliverable product that is
produced using computer software will include, as part of that
deliverable product, copies of all pertinent computer files.on CD-
ROM, IBM format. CPSC may, however, submit said.computer files
in the format of the program from which the files originated. All
printed materials submitted to the AGENCY will be printed on.both
sides using at least 50% recycled paper, minimum 20% post
consumer content unless otherwise requested by the AGENCY.
10.3. DATA PROVIDED TO CPSC. Upon request, the AGENCY shall
provide to CPSC;:without charge, all data, including reports, records,
and other information, now in AGEN.CY's possession, which may
facilitate the timely performance ofthe,services to be provided under
this Agreement.
11. COMPENSATION. All compensation payable to CPSC under this
Agreement will be paid by the AGENCY; CPSC acknowledges and
recognizes that services under this Agreement are paid for with taxpayer
and ratepayer dollars provided through a grant from the Department of
Resources Recycling and.Recovery and that a heightened duty of care
exists to ensure.that CPSC scrupulously adheres to principles of
moderation, frugality and cost consciousness in carrying forth the goals of
,and.completing the scope of work pursuant to this Agreement. CPSC may
not use professionals for secretarial work. Under no circumstances may
CPSC bill AGENCY for scheduling appointments or taking care of matters
or work which would otherwise be work performed by a secretary.
11.1. For,work performed by CPSC in accordance with this Agreement, j
AGENCY shall pay CPSC on a time and materials basis, up to the
contract limit of$44,540 in accordance with the rates set forth in the
Cal Recycle HD31 Budget Detail and in Fee Schedule EXHIBIT "D"
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including media buys, printing costs and hardware purchases. All
work performed;by CPSC shall be in accordance with the Grant as
specified in EXHIBIT "B." Any work deemed an ineligible cost by
the Department of Resources Recycling and Recovery will be the
sole financial responsibility of CPSC. All purchases over $250 are
subject to pre-approval by the AGENCY's Representative.
11.2. No contract price change may be made during the term of this
Agreement without the prior written approval of the AGENCY's
Representative. No work may be performed by CPSC in excess of
the total contract price without the prior written approval of the
AGENCY's Representative,
11.3.. CPSC's compensation for all work performed in accordance with
this Agreement, and all costs,fees and expenses will not exceed'.
the total' contract price of$44,540. CPSC may send monthly
invoices to the AGENCY for its services rendered,which may
include services under any task as described in EXHIBIT "C'."
When a CPSC invoice includes payments to sub-contractors,
copies of sub-contract invoices must be included with the invoice.
11.4. The AGENCY reserves the right to withhold the final payment to the
extent that:
a. There is defective work not remedied by the CPSC; or
b. There are claims against the CPSC or any of its
subcontractors for labor or materials furnished; or
c. The CPSC has not matte proper payments to subcontractors,
employees or materialmen; or
d. The CPSC has defaulted on any other term or condition of this
Agreement.
11.5 The acceptance by CPSC of the final payment will constitute a
waiver of all claims by CPSC except those previously made in
writing and still unsettled'.
11.6 Payments to CPSC will be reported to the Internal Revenue
Service. Those payments will be reported on the CPSC's Federal
Identification Number;
11.7. CPSC shall maintain accounting records including the following
information: names and titles of employees, agents or
subcontractors, types of work performed, and times and dates of all
work performed in connection with this Agreement which' is billed
on an hourly basis.
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11.8. CPSC shall maintain complete and accurate records with respect to
the cost, expenses and receipts and other information required by
the AGENCY for any services provided where compensation is
based on hourly rates, subcontractor costs or other direct costs.
CPSC shall maintain accurate records of services provided in
sufficient detail to permit an evaluation of services and a possible
State audit of the Grant. All such records will be maintained in
accordance with generally-accepted accounting principles and must
be clearly identified and readily accessible. In addition to the
accounting records, CPSC will: (i) allow the AGENCY the right to
examine and audit it, and to make transcripts thereof as necessary;
(ii) allow inspections of all work, data, documents, proceedings and
activities relating to this Agreement. The records, together with
supporting documents, will be kept separate from other documents
and records and will be maintained for a period of three (3) years
after receipt of final payment.
11.9. CPSC shall submit monthly invoices to AGENCY describing the
Services performed during the preceding month. All invoices must
be itemized, and state that the services were performed and were
necessarily incurred. The itemized statement will specifically set
forth compensation and expenses by assigned task as described in
EXHIBIT"C," the total compensation and expenses for each task
billed as of the date of the statement, and the total billing for all
compensation and expenses from contract inception to the date of
the statement. The AGENCY reserves the right to require
substantiation of any item of claimed expense. Overly generalized
listing of task descriptions are not acceptable; rather, CPSC shall
provide a detailed description which will provide a meaningful
record to an independent auditor reviewing the task description.
Any work product or memoranda or other written material described
in the entries shall be produced for the AGENCY as requested.
Billings under this Agreement will not be provided in more than six
minute increments and shall represent the devotion of a full six
minutes before such an increment is billed. Under no
circumstances may CPSC use "block billing" procedures, wherein a
list or series of activities is done each day with only an aggregate
amount of time specified. Instead, CPSC shall provide a fully
detailed specific entry for each separate task and subtask reflecting
the time for the task or subtask. The AGENCY Board of Directors
shall act to approve or deny each invoice submitted by CPSC within
thirty (30) days from receipt of the invoice. Payments shall be
mailed to CPSC within ten (10) days of the AGENCY Board of
Directors' approval.
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11.10. EXTRA WORK; At any time during the term of this Agreements
AGENCY may request that CPSC perform "extra work. As used in
this Agreement, "extra work" means any work which is determined
by the AGENCY to be necessary for the proper completion of the
PROJECT, but which the parties did not reasonably anticipate.
would be necessary at the time of the execution of this Agreement.
CPSC shall not perform, nor be compensated for, extra work
without the prior written authorization of the AGENCY's
Representative. No contract price changes may be made during
the term of this Agreement without the prior written authorization of
the AGENCY's Representative.
12. TERM]NATION OF AGREEMENT. This Agreement may be terminated by
the AGENCY immediately for cause or by either party without cause upon.
written notice of termination. Upon termination, CPSC will be entitled to.
compensation for services performed up to the effective date of termination.
If either party ("demanding party") has a good faith belief that the other party
("defaulting party") is not complying with the terms of this Agreement, the
demanding party shall give written notice of the default(with reasonable
specificity) to the defaulting.party and demand that the default be cured
within ten (1.0) days of the date of the notice.
12.1. if the defaulting party fails to cure the default within ten days of the
notice, or, if more than ten (10) days are reasonably required to
cure the default and the defaulting party fails to give adequate
assurance of due performance within ten (10)days of the notice,.
the demanding party may terminate this Agreement immediately
upon written notice to the defaulting party.
12.2. If any portion of the work is terminated or abandoned by the
AGENCY, then the AGENCY shall-pay CPSC for any work.
completed up to and including the date of termination or
abandonment of that portion of the work, in accordance with the
Section 11 (Compensation). The AGENCY shall compensate
CPSC only for work performed in accordance with this Agreement
up to and including the date of termination. Notification of
termination of work will be provided by the AGENCY's
representative.
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12.3. The AGENCY Board may terminate this Agreement at its own
discretion or when conditions encountered during the work make it
impossible or impracticable to proceed, or when the AGENCY is
prevented from proceeding with.this Agreement by an act of Gad,
national emergency, proclamation of the President of the United
States, order of any federal'authority,, by law, or by official action of
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a public authority, upon receipt of written notice of the AGENCY
Board's termination.
13. ASSIGNMENT AND DELEGATION. The parties recognize that a
substantial inducement to the AGENCY for entering into this Agreement is
the professional reputation, experience, and competence of CPSC. This
Agreement and any portion thereof may not be assigned or transferred, nor
may any of the CPSC's duties be delegated,.without the express written
consent of the AGENCY. Any attempt to assign or delegate this Agreement
without the express written consent of the AGENCY is void and of no force
or effect. 'Consent by the AGENCY to one assignment may not be deemed
to be a consent to any subsequent assignment. CPSC shall provide
qualifications of assignees for review by the AGENCY, which will not
unreasonably withhold consent. CPSC may not subcontract any portion of
the work to be performed without the prior written authorization of the
AGENCY. If the AGENCY consents to a subcontract, CPSC will be fully
responsible to the AGENCY for all acts or omissions of subcontractor.
Nothing in this.Agreement creates any contractual relationship between the
AGENCY and subcontractor nor does it create any obligation on the part.of
the AGENCY to pay or to see to the payment of any monies due to any
subcontractor unless required by law. This Agreement inures to the benefit
of and is binding upon the parties and their respective successors and
assigns..
14. ENTIRE AGREEMENT. This Agreement constitutes the complete. and
exclusive statement of the agreement between the AGENCY and CPSC.
All prior written and oral communications, including correspondence, drafts,
memoranda, and representations, are superseded in total by this
Agreement:.
15, INTERPRETATION OF THE AGREEMENT. The interpretation, validity and
enforcement of this Agreement is to be governed by and construed under
the laws of the State of California. This Agreement does not_limit any other
rights or remedies available to the parties.
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16. CPSC, and any sub-contractor under it, shall take affirmative action to
ensure that minority and women business enterprises will be afforded the
full opportunity to submit bids for subcontracts to the maximum extent
feasible. Further, there may be no discrimination in:employment practices
on the basis of race, religious creed, color, national origin, ancestry,
physical handicap, medical condition, marital status, or sex.
17. This Agreement is the product of negotiation and may not be strictly
construed for or against either party, but should instead be interpreted fairly
in accordance with the intent expressed' herein. Should any provision of
this Agreement be adjudged to be invalid', the Agreement will be construed
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as not containing such provision, and all other provisions which are
otherwise lawful will remain in full force and effect, and:to this end the
provisions of this Agreement are severable.
1& AGREEMENT MODIFICATION. This Agreement may not be modified orally
or in any manner other than;by an:agreements in writing, signed by the
parties hereto. The AGENCY's representative is the authorized
representative of the AGENCY and may act on its behalf.
19. ATTORNEY'S FEES AND VENUE. In the event any legal action or
proceeding, including an action for_declaratory relief,,is commenced to
interpret or enforce the terms of, or obligations arising out of this
Agreement, or to recover damages for breach of this Agreement, the
prevailing party will not be entitled to recover from the non-prevailing party
all reasonable and necessary attorney's fees,:costs and expenses including
CPSC staff time at billing rates effective at the time of litigation or arbitration;
or AGENCY staff time, incurred by the prevailing party. Any action brought
relating to this Agreement will be brought exclusively in a state court of
competent jurisdiction within the City of Huntington Beach, State of
California.
20. NOTICES, All notices, demands, requests, consents or other
communications which this Agreement contemplates or authorizes, or
requires or permits either party to give to the other, must be IN WRITING
and shall be personally delivered or mailed to the respective party as
follows:
TO AGENCY;
City of Huntington Beach
Public Works Department—Attention: Debra Jubinsky
2000 Main Street'
Huntington Beach, CA 92648;
TO CPSC:
California Product Stewardship Council
Attn: Doug Kobold, Executive Director
1'822 21 s' Street, Ste. 1:00
Sacramento; CA 958,11
20.1 Either party may change its address by notice to the other party as
provided in this section. Communications shall be deemed to have
been,given and received on the first to occur of(i)'actual:recelpt at
the offices of the party to whom the communication is to be sent, as
designated above, or(ii)five working days following the deposit in
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prepaid, return receipt requested, addressed to the offices of the
party to whom the communication is to be sent, as designated
above.
21, SIGNATURES. The individuals executing this Agreement represent and
warrant that they have the right, power, legal capacity and authority to
enter into and to execute this Agreement on behalf of the respective legal
entities of CPSC and the AGENCY. If requested by the AGENCY, CPSC
shall provide evidence that the individuals signing the document are
authorized to do so. [As a corporation, proof of authorization may be
established(pursuant to Corporation Code Section 313) if one of the
corporate officers listed in column A below and one of the corporate
officers listed in column B below, both sign the documents.
A AND B
Chairman of Board, Secretary,
or or
President, Assistant Secretary,
or or
Vice President Chief Financial Officer
or
Assistant Treasurer
21.1. For any other combination of signatures or corporate officers, a
copy of the Board minutes, resolution, or articles of incorporation
may be submitted to establish that the individuals have the
authority to bind the corporation.
22. WAIVER AND SEVERABILITY. Waiver of a breach or default under this
Agreement does not constitute a continuing waiver of a subsequent breach
of the same or any other provision under this Agreement: If any term or
provision of this Agreement is held to be invalid, illegal or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement will continue in full force and effect.
23. EXECUTION. This Agreement may be executed in several counterparts,
each of which constitute one and the same instrument and are binding upon
the parties when one copy hereof has been signed by both parties. In
approving this Agreement, it is not be necessary to produce or account for
more than one such counterpart.
24. CAPTIONS FOR REFERENCE ONLY. The captions of this Agreement are
for reference only and are not to be construed in any way as part of this
Agreement.
19-7245/194877
14
IN WITNESS WHEREOF the parties to this Agreement, hereby agree to the full
performance of the covenants contained in this Agreement and have caused this
Agreement to be executed by affixing their signatures below..
CALIFORNIA PRODUCT STEWARDSHIP CITY OF HUNTINGTON BEACH
COUNCIL
By:_ it Manager
Doug Kpbold-Executive Director. REV D ND APPROVED:
ITS: (circle one)`Chairman/President Vice President
AND
i Pager
By:
print name APPROVE TO F. M.
ITS, (circle one)Secretary/Chief.Financial OfficedAsst.
Secretary,Treasurer
ity Attorney
DATE: 21 D-CM
19-7245/194877
iS
EXHI BIT 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 amendmenf.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
£alRecycle'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 his 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 grid 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 3/291201.6 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 CalRecycie 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 hal! 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 Cal ifornia'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 asthe 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 currentiy 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 Ageeement: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 respectto. 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 shali 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 3/29/2016 5
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 FUNDSIREPAYMENT 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 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 Managermay 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 Bud" et:change and'the need to implement the Budget change
on an emergency basis. Thle.grantee shall notify the Grant.Manager of the emergency and
the Budget change at the;:earliest possible opportunity. CalRecycle reserves the right to
acceptor reject the grantee's determination that the circumstances constituted an emergency
CatRegcte's Competitive Grant Terms'and Conditions—Revised'3/29/2016 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 rrfore than one.final unappeasable 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 tocomply with an order of a federal court which orders the grantee to
comply with an order of the.National tabor Relations Board. This section is not applicable if
the grantee is a. public entity:
NO AGENCY RELATIONSHIP`CREATEDIINDEPEN DENT 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 Agreementon 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:
CalRecycte's Competitive Grant Terms and Conditions—Revised 3/29/2016 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 3/29/2016 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 immunityas 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 8, 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 securityy 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.Compethive.Grant Terms and Conditions—Revised 3/291201 6 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 livid 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 maybe 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
fora 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 Condltions-Revised 3/29/2016 11
the events listed in Section 17050 of Title 1.4, 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 AN 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,
"arch's-length transactions"'are those in which both parties are on equal.footing and fair
market forces are at play, such asmhen 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
CaiRecycle 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; CaiRecycle 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.
CaiRecycie's Competitive Grant Terms and Conditions;—Revised W29/2016 12
i
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 3/29/2016 13
,
�
EXH0BCT�B
PROCEDURES AND REQUIREMENTS
HOUSEHOLD HAZARDOUS WASTE GRANT PROGRAM
31th ~oc°° (-o^-="~�°" )- Fiscal Year 2018_19 ,
Copies of:tbese Procedures and Requirements should be:s.h, ared with BOTH
Finance Department AND the staff responsible for implementing�the grant activities.
TABLE OF CONTENTS
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Milestones..................... .......,..`_........,..............................................................................2
Grant Management kGK8S0.... ,~,°_~_'_,~,~__^,._ .........................................2
Prior To Commencing rk._-._—.—.^-~~.".^'.'~_`^::r.'.yr,'='�-°'~-'..."_`3
GrantTerm..................... -c^^-_- ',-,-* 'a....*...........................................3
EligibleCosts .......... —.' ....... '....'..................................................................................
Ineligible .�
Costs............................................
Modifications ..`--_.._"^-`-.^-'`_~—^u=.-,^�~--.`^^~~~^...~.._..`----'..---^.'6
Acknowledgements` ---__...—_—~-_—'~'`'^'-^',^^^^—'-~--~-~-'-^~---'6
Reporting FT8oUnenleUts .-^—.—_..~.--_..°_.-'-._ ................ ~°_.,,. ~_7
Progress and Final Reports.. _—_,/—`._,_,~,e__^=_____.__.,,._`_.��,...,..,,,_=.,R
Grant Payment Information ^-~`'_-^'"`~.-^-,_~`----^~.—`~'-----'-'-~-^'9
Payment Request and Documentation.............................................................................
Supporting Docbnlen1atioR-~,—..^^-'..,..+ _'___==`* .__,°'..+,_,__`-.-,'~~,_1'0
Audit Considerations................. ................. .................. ..................... 11
`
�
Hvpvehuld Hazardous Waste Grant Program,FYxV1V- n �
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. =----- i
September 30, 2019 Progress Report#1 Due
Covering activities from Notice to Proceed to September
12019
September 30, 2020 Progress Report#2 Due l
Covering activities from September 2, 2019 to
September,1, 2020
ISeptember 30, 2021 Final Report and final Payment Request Due
I ;Covering activities from Notice to Proceed to.
September 30, 2021
September 30. 2021 1 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 specificemail 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:/Isecure.caI recycle.ca.gov/WebPass/).
Accessing the grant
Grantees must log into GMS (https://secure.catrecycle.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 GM`S.
• 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 Prograrn,FY 2018-19 2
i
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Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application
i 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.calrecycle.ca.gov/Laws/Regulations/Titlel4/chl.htm#chla5), 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
(hftp://www.calrecvcle.ca.qov/Funding/Unreliabifity/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 2018-19 3
The Final Report and final Payment Request are due on September30, 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.
c 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 [SWAGI 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 cyliinders.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.
4
Household hazardous waste Grant Program,FY 2018-19
• 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 nQt 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 2018-19 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
grant term.
• 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,Ff 241.8-18 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 par fondos del CalRecycle." For other
languages, the Grantee mustwork 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:f/www.calrecycle.ca.gov/gallery/) as reflected on the
CalRecycle website, can be obtained from the Office of Public Affairs at
opa(o-),calrecycle.ca.gov.
3. A list ofHHW 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://se arch.earth911.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.calrecycle.ca.gov/UsedOil/Graphics/HHWArU) 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 amples>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 Gant 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. Gato 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 35M8.
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
(Ca IRecycle), 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 3012021 (covering grant activities from the
Notice to Proceed through September 30, 2021).
Household Hazardous.Waste Grant Program,FY 2018-19 8
i
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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. CalRecycie 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/formso 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_ Crick 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.
(Vote: 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
i. invoice(s) showing a zero balance, or stamped "paid" with a check
number, date paid, and initials
ii'i. 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 statements) 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).
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Household Hazardous Waste Grant Program,FY 201 B-19
E. Travel Expense Log Form (Ca(Recycle 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 experiditure.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 2Q18-19 91
EXHIBIT C - Scope of Work
A. Recruit Retailers - Attempt to recruit retailers located in City of Huntington Beach to
legally sell, refill, and/or exchange one-pound reusable propane gas cylinders and
alternative distress signals.
B. Establish Collection Receptacle Sites - Recruit up to two locations to legally host
permanent one-pound single-use propane gas cylinder collection receptacles in
locations where many disposable cylinders are generated. Collaborate with City staff
to get the receptacles manufactured and installed in those locations.
C. Conduct Collection/Exchange Events - Conduct up to four collection/exchange events
during which one-pound disposable propane cylinders and/or marine flares are
collected for recycling and free one-pound reusable propane cylinders and/or
alternative distress signals or coupons to purchase them are given to participants.
Work with City staff to determine when and where to hold these events.
D. Develop and Implement a Public Education Campaign - Promote any local retailers
that sell, exchange, or refill one-pound reusable propane gas cylinders or alternative
distress signals. Promote any locations that host one-pound disposable propane
cylinders collection receptacles. Promote any events where one-pound reusable or
disposable propane cylinders and/or marine flares are collected and/or exchanged.
Promote local retailers, collection receptacle locations, and collection/exchange
events to the public in a timely manner using a variety of tools which may include, but
not be limited to the web, social media, print, TV, radio, billboards, truck signs and
other media. As much as is feasible, customize existing campaign materials for City
of Huntington Beach.
E. Collect and Submit Data and Reports -
1. Establish baseline data for the number of retail locations selling, refilling, and/or
exchanging one-pound reusable propane gas cylinders and alternative distress
signals.
2. Collect and interpret data which shall include:
a. Number of one-pound single-use propane cylinders and alternative distress
signals collected at each collection/exchange event and one-pound single-
use propane cylinders in the collection receptacles during each reporting
period.
b. Name and location of local retailers recruited to sell, refill and/or exchange
one-pound refillable propane cylinders and alternative distress signals.
c. Decrease in the number of disposable cylinders processed by the City of
Huntington Beach.
d. Number of coupons given out, number of coupons used, and number of
one-pound reusables and alternative distress cylinders given out during
each reporting period.
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e. Number of people reached via promotional activities.
3. Prepare first draft of the two progress reports including:
a. Description of work completed and arranged according to tasks and
expenditure categories as shown in the grant application Work Plan.
b. Pictures showcasing the progress and activities of the program.
c. Brief discussion of work that will be conducted during the remainder of the
grant term and necessary adjustments to the work plan.
d. Progress report#1 due-September 30, 2019 (covers activity from the Notice
to Proceed date September 24, 2018 to September 1, 2019)
e. Progress report #2 due-September 30, 2020 (covers activity from
September 2, 2019-September 1, 2020)
4. Prepare first draft of the Final Report due September 30, 2021 (covers entire grant
period) and shall include:
a. Descriptions of activities that were started, continued, and completed during
reporting period.
b. Evaluation of project outcomes and how project contributed to increased
HHW collection or decreased disposal costs.
c. Pictures of improvements or activities.
d. Evidence of any work product identified in the Work Plan, photographs and
descripts of events that were conducted (unless previously submitted).
5. Provide supporting documents for City to submit with payment requests to
CalRecycle including invoices and supporting documentation for each line item
expense including invoices, receipts, and purchase orders.
C-2
EXHIBIT D - Fee Schedule
Employee Wages Hourl
Executive Director $225
Assistant Director $193
Program Manager $139
Special Projects Manager 11/1 $197
Special Projects Manager 1 $143
Special Project Coordinator $93
Senior Associate $98
Associate $95
Intern $45
19-7245/194877
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