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C-8526-2 - Grant Agreement - 2012-2013 Rubberized Pavement Grant Program
STATE OF CALIFORNIA -CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY GRANT AGREEMENT COVER SHEET CalRecycle 110 (Revised 9114( NAME OF GRANT PROGRAM 2012-13 Rubberized Pavement Grant P GRANTEE NAME of Newoort Beach TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER TERM OF GRAM AGREEMENT FRoM: February 28, 2013 DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CalRecycle) GRANT NUMBER TOTAL GRANT AMOUNT NOT TO EXCEED To: ApFil-; 2015 May 1, 2015 The Department of Resources Recycling and Recovery (CalRecycle) and City of Newport Beach (the "Grantee"), in mutual consideration of the promises made herein, agree to comply with the provisions of this Agreement, which consists of this Grant Agreement Cover Sheet and the following Exhibits, which are incorporated by this reference and made a part of this Agreement as if attached hereto: The above referenced agreement is amended as follows; Grant term extended to May 15, 2015. All other terms, conditions and requirements remain the same. This Agreement is of no force or effect until signed by both parties. Grantee shall not commence performance until it receives written approval from CalRecycle. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. GRANTEE'S NAME (PRINT OR TYPE) CALRECYCLE City of Newport Beach SIGNATURE OF CALRECYCLE'S AUTHORIZED SIGNATORY; SIGNATURE OF GRANTEE (AS AUTHORIZED IN RE UTION, LETTER 06COI,44 ENT, OR LETTER OF DESIGNATION) TITLE t Deputy Director CalRecycle DATE TITLE r DATE GRANTEE'S ADDRESS (INCLUDE STREET, CITY, STATE AND ZIP CODE) 3jo0ni� w i jN 4+&uC 16q gZ6i-- CERTIFICATION OF FUNDING AMOUNT ENCUMBEREO BY THIS AGREEMENT FISCAL YEAR/PROGRAM FUND TITLE 2012113 Rubberized Pavement Grant Program TIRE PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT (OPTIONAL USE) $192,000.00 TOTAL AMOUNT ENCUMBERED TO DATE ITEM i,HA4 FR STATUTE FISCALYEAR $192,000.00 3500-101-0226 21 2012 2012-13 OBJECT OF EXPENDITURE _ 7820-G3101-702 I hereby certify upon my own personal knowledge that budgeted funds are available for T d A. NU. the period crld purpose of the expend,`turz+ sVii6kbovD. SIGNATURE OFCALRECYCLk BUDGET OFFICE: :jE EXHIBIT A TERMS AND CONDITIONS Rubberized Pavement Grant Program Fiscal Year 2012/13 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. • "Executive Director" means the Executive 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 Rubberized Pavement Grant Program. • "State" means the State of California, including, but not limited to, CalRecycle and/or its designated officer. 1. 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, but not limited to, news media, brochures, or other types of promotional materials. The acknowledgement of CalRecycle's support must incorporate CalRecycle logo. Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from the prescribed language on a case- by-case basis where such deviation is consistent with CalRecycle's Communication Strategy and Outreach Plan. If, subsequent to this Agreement, CalRecycle adopts updated or new logos or language (language), the Grant Manager may require the Grantee to include this language in newly printed or generated materials. 2. ADVERTISING/ PUBLIC The Grantee shall submit copies of all draft public education or advertising EDUCATION materials to the Grant Manager for review and approval prior to the Grantee's production of materials. Unless omission of the following copyright designation is pre -approved in writing by the Grant Manager, all public education and advertising materials shall state: "© {year of creation} by the California Department of Resources Recycling and Recovery (CalRecycle). All rights reserved. This publication, or parts thereof, may not be reproduced without permission from CalRecycle." 3. AIR OR WATER Under the State laws, the Grantee shall not be: POLLUTION VIOLATION 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. Subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or c. Finally determined to be in violation of provisions of federal law relating to air or water pollution. 4. AMENDMENT No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on revised 9/24/2012 — Competitive T's & C's [You may find it 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.] 8. AUTHORIZED any of the parties. This Agreement may be amended, modified or augmented by REPRESENTATIVE mutual consent of the parties, subject to the requirements and restrictions of this paragraph. 5. AMERICANS WITH The Grantee assures the State that it complies with the Americans with DISABILITIES ACT Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to 10. BANKRUPTCY/ the ADA. (42 U.S.C. § 12101 et seq.) 6. ASSIGNMENT, a. This Agreement may not be assigned by the Grantee, either in whole or in SUCCESSORS AND part, without CalRecycle's prior written consent. ASSIGNS b. The provisions of this Agreement shall be binding upon and inure to the benefit of CalRecycle, the Grantee, and their respective successors and 11. CHILD SUPPORT assigns. 7. AUDIT/RECORDS The Grantee agrees that CalRecycle, the Department of Finance, the Bureau of ACCESS State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement. [You may find it 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.] 8. AUTHORIZED The Grantee shall continuously maintain a representative vested with signature REPRESENTATIVE 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. 9. AVAILABILITY OF FUNDS CalRecycle's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant. 10. BANKRUPTCY/ If the Grantee files for bankruptcy protection under Chapter 9 of Title 11 of the DECLARATION OF United States Code or declares a fiscal emergency at any time during the Grant FISCAL EMERGENCY Term, the Grantee shall notify CalRecycle within 15 days of such filing or NOTIFICATION declaration, pursuant to the procedures set forth in the section entitled "Communications" herein. 11. CHILD SUPPORT For any agreement in excess of $100,000, the Grantee acknowledges that: COMPLIANCE ACT a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and revised 9/24/2012 - Competitive T's & C's 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. 12. COMMUNICATIONS All communications from the Grantee to CalRecycle shall be directed to the Grant Manager. All notices, including reports and payment requests, required by this Agreement shall be given in writing by E-mail, letter, or FAX to the Grant Manager as identified in Exhibit B—Procedures and Requirements. If an original document is required, prepaid mail or personal delivery to the Grant Manager is required following the E-mail or FAX. 13. COMPLIANCE The Grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The Grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The Grantee shall maintain compliance with such requirements throughout the grant period. The Grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. Any deviation from the requirements of this section shall result in non-payment of grant funds. With each Payment Request (CalRecycle 87), the Grantee's signature authority shall either initial and certify under penalty of perjury that the Grantee's General Checklist of Permits, Licenses, and Filings (CalRecycle 669) on file with CalRecycle is current and complete, or submit an updated General Checklist of Permits, Licenses, and Filings (CalRecycle 669) available at: http://www.calrecycle.ca.wov/Grants/Forms. 14. CONDITION After the Grant Agreement has been executed by both parties, the Grant will be SUBSEQUENT subject to the following condition: The Grantee agrees not to file for bankruptcy protection under Chapter 9 of Title 11 of the United State Code or to declare a fiscal emergency any time within the Grant Term. 15. 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 (Public Contracts Code (PCC) § 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 (PCC § 10411): a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the revised 9/24/2012 — Competitive T's & C's twelve month period prior to his or her leaving state service. If the Grantee violates any provisions of above paragraphs, such action by the Grantee shall render this Agreement void. (PCC § 10420). 16. CONTRACTORS/ The Grantee will be entitled to make use of its own staff and such contractors SUBCONTRACTORS 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. 17. COPYRIGHTS AND a. To the extent the Grantee shall have the legal right to do so, Grantee shall TRADEMARKS assign to CalRecycle any and all rights, title, and interests to any copyrightable material or trademarkable material created or developed in whole or in any part as a result of this Agreement, but which originated from previously copyrighted or trademarked material. With respect to all other copyrightable and trademarkable materials, CalRecycle shall retain any and all rights, title and interests to any copyrightable material or trademarkable material created or developed in whole or in any part as a result of this Agreement. These rights, both assigned and retained, shall include the right to register for copyright or trademark of such materials. Grantee shall require that its contractors and subcontractors agree that all such materials shall be the property of CalRecycle. The 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 assigning such licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section. Copies of any licenses, permissions, releases or authorizations obtained pursuant for the use of text, images or other materials owned, copyrighted or trademarked by third parties shall be provided to the Grant Manager. Under unusual and very limited circumstances, where to do so would not conflict with the rights of CalRecycle and would serve the public interest, upon written request by the Grantee, CalRecycle may give, at the Executive Director's sole discretion, written consent to the Grantee to retain all or any part of the ownership of these rights. b. CalRecycle hereby grants to the Grantee a royalty -free, nonexclusive, nontransferable world-wide license to reproduce, translate, and distribute copies of the copyrightable materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on the Grantee's behalf. This license is limited to the copyrightable materials produced pursuant to this Agreement and does not extend to any materials capable of being trademarked. The following shall appear on all intellectual property used by Contractor pursuant to this license, solely for the purpose of protecting CalRecycle's intellectual property rights therein: "© {year of creation} by the Department of Resources Recycling and Recovery revised 9/24/2012 — Competitive T's & C's (CalRecycle). Used pursuant to license granted by CalRecycle. All rights reserved. This publication, or parts thereof, may not be reproduced without permission." 18. CORPORATION When work under this Agreement is to be performed in California by a QUALIFIED DOING corporation, the corporation shall be in good standing and currently qualified to BUSINESS IN do business in the State. "Doing business" is defined in Revenue and Taxation CALIFORNIA Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. 19. DISCLAIMER OF CalRecycle makes no warranties, express or implied, including without WARRANTY limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, equipment, services or products are purchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CalRecycle employees or agents have any right or authority to make any other representation, warranty or promise with respect to any materials, equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall CalRecycle be liable for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement. 20. DISCRETIONARY The Executive Director shall have the right to terminate this Agreement at his or TERMINATION her sole discretion at any time upon thirty (30) days written notice to the Grantee. Within forty-five (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; and, c. Reimburse CalRecycle for any unspent funds. 21. DISPUTES Unless otherwise instructed by the Grant Manager, the Grantee shall continue with its responsibilities under this Agreement during any dispute. 22. DRUG-FREE The person signing this Agreement on behalf of the Grantee certifies under WORKPLACE penalty of perjury under the laws of California, that the Grantee will comply with CERTIFICATION the requirements of the Drug -Free Workplace Act of 1990 (GC § 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, and (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, and (2) agrees to abide by the terms of such statement as a condition of employment on the grant. 23. EFFECTIVENESS OF This Agreement is of no force or effect until signed by both parties. AGREEMENT revised 9/24/2012 — Competitive T's & C's 24. ENTIRE AGREEMENT This Agreement supersedes all prior agreements, oral or written, made with revised 9/24/2012 — Competitive T's & C's 6 respect to the subject hereof and, together with all attachments hereto, contains the entire Agreement of the parties. 25. ENVIRONMENTAL In the performance of this Agreement, the Grantee shall conduct its programs, JUSTICE 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. 26. EXPATRIATE The person signing this Agreement on behalf of the Grantee certifies under CORPORATIONS 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 Section 10286 and 10286.1, and is eligible to contract with the State of California. 27. FAILURE TO PERFORM CalRecycle will benefit from the Grantee's full compliance with the terms of this AS REQUIRED BY THIS Agreement only by the Grantee's: AGREEMENT a. Investigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycling of wastes; or b. Cleanup of the environment; or 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; or b. The cleanup of the environment; or 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 any grant funds not already paid by CalRecycle, including, but not limited to, the ten percent (10%) withhold. 28. 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. 29. FORFEIT OF GRANT If grant funds are not expended, or have not been expended, in accordance with FUNDS/REPAYMENT OF this Agreement, or if real or personal property acquired with grant funds is not FUNDS IMPROPERLY being used, or has not been used, for grant purposes in accordance with this EXPENDED Agreement, the Executive Director, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to CalRecycle any funds improperly expended. 30. GENERALLY ACCEPTED The Grantee is required to use Generally Accepted Accounting Principles in ACCOUNTING documenting all grant expenditures. PRINCIPLES revised 9/24/2012 — Competitive T's & C's 6 31. GRANT MANAGER'S The Grant Manager does not have the authority to approve any deviation from or AUTHORITY 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). 32. GRANTEE The Grantee is ultimately responsible and accountable for the manner in which ACCOUNTABILITY 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. 33. GRANTEE'S The Grantee agrees to indemnify, defend and save harmless the State and INDEMNIFICATION AND CalRecycle, and their officers, agents and employees from any and all claims and DEFENSE OF THE losses accruing or resulting to any and all contractors, subcontractors, suppliers, STATE 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 in the performance of this Agreement. 34. GRANTEE'S NAME A written amendment is required to change the Grantee's name as listed on this CHANGE 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. 35. IN CASE OF In the event of an emergency, or where there is an imminent threat to public health EMERGENCY and safety or the environment, the Grantee may choose, at its own risk, to incur grant -eligible expenses not previously included in the approved Budget, subject to subsequent approval by the Grant Manager of both the Budget change and the need to implement the Budget change on an emergency basis. The Grantee shall notify the Grant Manager of the emergency and the Budget change at the earliest possible opportunity. CalRecycle reserves the right to accept or reject the Grantee's determination that the circumstances constituted an emergency or a threat to public health and safety or the environment. If the Grant Manager determines that the circumstances did not constitute an emergency or a threat to public health or safety, the Budget change will be disallowed. 36. NATIONAL The person signing this Agreement on behalf of the Grantee certifies under LABORRELATIONS penalty of perjury that no more than one final unappealable finding of contempt BOARD CERTIFICATION of court by a federal court has been issued against the Grantee within the immediately preceding two-year period because of the Grantee's failure to comply with an order of a federal court which orders the Grantee to comply with an order of the National Labor Relations Board. (Not applicable to public entities.) 37. NO AGENCY The Grantee and the agents and employees of Grantee, in the performance of this RELATIONSHIP Agreement, shall act in an independent capacity and not as officers or employees CREATED/ or agents of CalRecycle. INDEPENDENT CAPACITY 38. 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 revised 9124/2012 — Competitive T's & C's 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 ofCalRecycle._ _ 39. NON-DISCRIMINATION a. During the performance of this Agreement, Grantee and its contractors shall CLAUSE not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in Government Code §§ 12900 et seq. b. The person signing this Agreement on behalf of the Grantee certifies under penalty of perjury under the laws of California that the Grantee has, unless exempted, complied with the nondiscrimination program requirements (Government Code § 12990(a -f)) and California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.) 40. ORDER OF The performance of this grant shall be conducted in accordance with the Terms PRECEDENCE and Conditions, Procedures and Requirements/Project Summary, Work Plan/Implementation Schedule, and Budget of this Agreement, or other combination of Exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as "Terms"). CalRecycle's Grant Application and Grant Application Guidelines and Instructions (collectively referred to as "Grant Application Package") and the Grantee's CalRecycle-approved Application (Grantee's Application) are hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply: a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions c. Procedures and Requirements/Project Summary d. Grant Application Package e. Work Plan/Implementation Schedule and Budget, if applicable f. Grantee's Application All other attachments hereto, including any that are incorporated by reference. 41. OWNERSHIP OF The State shall have separate and independent ownership of all drawings, design DRAWINGS, PLANS, plans, specifications, notebooks, tracings, photographs, negatives, reports, AND SPECIFICATIONS findings, recommendations, data, software, and memoranda of every description or any part thereof, paid for in whole or in any part with grant funds. Copies thereof shall be delivered to CalRecycle upon request. Grantee agrees, and shall require that its contractors, subcontractors, and vendors agree, that the State shall have the full right to use said copies in any manner when and where it may determine without any claim to additional compensation. 42. 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 revised 9124/2012 — Competitive T's & C's reimburse the Grantee for only the work and tasks specified in the Work Plan or the Grant 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 on the Work Plan or in the Grant 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 Grant 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 Executive 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 (10%) 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 ten percent (10%) 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 your 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 Exhibit B — Procedures and Requirements. 43. PERSONAL The Grantee consents to personal jurisdiction in the State of California for all JURISDICTION proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal Grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. 44. PERSONNEL COSTS If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant -related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specified in the Procedures and Requirements (Exhibit B). 45. REAL AND PERSONAL a. All real and personal property, including equipment and supplies, acquired PROPERTY ACQUIRED with grant funds shall be used by the Grantee only for the purposes for which WITH GRANT FUNDS 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 revised 9124/2012 — Competitive T's & C's and supplies, shall vest upon acquisition in the Grantee. The Grantee may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the grant funds, unless pre -approved in writing by the Grant Manager that CalRecycle will accept a lower priority position with respect to the security interest on the property. Grantee shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this grant condition. c. The Grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization of CalRecycle. 49. REDUCTION OF WASTE Unless otherwise provided for in this Agreement, in the performance of this TIRES 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. 50. 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. revised 9/24/2012 — Competitive T's & C's 10 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. 46. RECYCLED -CONTENT All documents submitted by the Grantee must be printed double -sided on PAPER recycled -content paper containing one hundred percent (100%) post -consumer (PC) fiber. Specific pages containing full color photographs or other ink - intensive graphics may be printed on photographic paper. 47. RECYCLED -CONTENT In the performance of this Agreement, for purchases made with grant funds, the PRODUCT Grantee shall purchase recycled -content products (RCP), as defined by the State PROCUREMENT Agency Buy Recycled Campaign (SABRC) minimum recycled content requirements see www.calrecycle.ca. og v/Bu} Recycled/StateAgency/. If the Grantee cannot purchase RCPs, the Grantee must document why it was unable to comply with this requirement and request written pre -approval from its Grant Manager to deviate from this policy. The Grantee shall maintain documentation of the minimum, if not the exact, percentage of postconsumer and secondary material in the products, materials, goods, and supplies purchased with grant funds for production in case of an audit. 48. 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. 49. REDUCTION OF WASTE Unless otherwise provided for in this Agreement, in the performance of this TIRES 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. 50. 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. revised 9/24/2012 — Competitive T's & C's 10 51. 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. 52. SITE ACCESS The Grantee shall allow the State to inspect 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. 53. 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. 54. TERMINATION FOR CalRecycle may terminate this Agreement and be relieved of any payments CAUSE should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, CalRecycle may proceed with the work in any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from any sum due the Grantee under this Agreement. Termination pursuant to this section may result in forfeiture by the Grantee of any funds retained pursuant to CalRecycle's ten percent (10%) retention policy. 55. TIME IS OF THE Time is of the essence to this Agreement. ESSENCE 56. TOLLING OF STATUTE The statute of limitations for bringing any action, administrative or civil, to OF LIMITATIONS 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 Executive Director and/or the Board. 57. UNION ORGANIZING By signing this Agreement, the Grantee hereby acknowledges the applicability of Government Code §§ 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. 58. VENUE/ CHOICE OF a. All proceedings concerning the validity and operation of this Agreement and LAW 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. 59. WAIVER OF CLAIMS The Grantee agrees to waive all claims and recourse against the State, its AND RECOURSE officials, officers, agents, employees, and servants, including, but not limited to, AGAINST THE STATE 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 revised 9/24/2012 — Competitive T's & C's omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement. 60. WORK PRODUCTS The Grantee must provide CalRecycle with copies of all final products identified in the Work Plan. 61. WORKERS' The Grantee is aware of Labor Code section 3700, which requires every COMPENSATION/ employer to be insured against liability for Worker's Compensation or to LABOR CODE undertake self-insurance in accordance with the Labor Code, and the Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. revised 9/24/2012 — Competitive T's & C's 12 EXHIBIT B PROCEDURES AND REQUIREMENTS Rubberized Pavement Grant Program Fiscal Year 2012/13 INTRODUCTION The Procedures and Requirements of the Department of Resources Recycling and Recovery's (CalRecycle) Rubberized Pavement (Pavement) Grant Program Grant Agreement (Agreement) describe, among other things, project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and close- out procedures, records and audit requirements. Important Notice: Do not start the grant project or incur costs until you receive a Notice to Proceed from your CalRecycle Grant Manager (Grant Manager). The Notice to Proceed will be sent after the conditions for award have been met, as outlined in the Award Letter you received with the Grant Agreement, and both the grantee and CalRecycle have signed the Agreement. RELIABLE This requirement is applicable to grantees that use a contractor on the project. CONTRACTOR Prior to authorizing a contractor(s) to commence work under this Grant, the DECLARATION 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, California Code of Regulations Natural Resources, Division 7, has occurred with respect to the contractor(s) and the subcontractor(s), respectively. See http://www.calrec clle.ca.gov/Laws/Regulations/Titlel4/chl.htm#chla5. The grantee must provide the Reliable Contractor Declaration Form (CalRecycle 168) for all contractors and subcontractors that will supply rubberized asphalt materials for the project. To obtain CalRecycle 168 form, see the General Grant Forms section of the CalRecycle forms web page, http://www.calrecycle.ca.gov/Grants/Forms. The Reliable Contractor Declaration Form must be uploaded in GMSWeb. To upload the Form: 1. Go to the Report and Other Grant Documents section in the Detail tab. 2. Click on the Upload a Document button. 3. Type a title, i.e. Reliable Contractor Declaration Form, then click the Browse button to search and upload the document. 4. Click the Save button. For further instructions on uploading the Reliable Contractor Declaration or for more information regarding GMSWeb, including log -in directions, see the section below entitled "Grant Management System". If a (sub) contractor is placed on the CalRecycle Unreliable List after award of this Grant, the grantee may be required to terminate that contract. PROJECT All projects are subject to the following requirements: REQUIREMENTS . The grantee will construct one or more Rubberized Asphalt Concrete (RAC) or Chip Seal project(s) at the location(s) specified in the approved grant application. • One hundred percent (100%) California -generated waste tires must be used in the rubber portion of the project(s). • The project(s) must be located in California. • The binder material must contain a minimum of 300 pounds (equivalent to 15% by weight) of tire -derived crumb rubber per ton of rubberized binder. • Reimbursement will not exceed the amount stated on the Grant Agreement Cover Sheet (CalRecycle 110). • Construction of the RAC portion of any project must commence on or after the date indicated in the Notice to Proceed and be completed by April 1, 2015. Additionally, the following project requirements are specific to the individual project as indicated: Rubberized Asphalt Concrete (RAC) Project • Project(s) must use a minimum of 3,500 tons of RAC. • If a grantee has not previously received a CalRecycle Pavement or RAC grant, appropriate grantee staff must attend a CalRecycle-sponsored training before beginning the project. Topics for the training are typically in one-hour modules and may include a general introduction to the program or a more detailed discussion regarding the RAC manufacturing and construction processes and procedures. • Reimbursement will be based on the following for each project/phase: Number of RAC Use, Targeted and/or Pavement Grants (for RAC projects) Received in the Past Differential Cost Between Rubberized Asphalt and Conventional Asphalt Concrete 0 100% 1 70% 2 40% Chip Seal (Chip Seal) Project • Project(s) must use a minimum area of 35,000 square yards of RAC chip seal material. • Reimbursement will be based on the following for each project/phase: Number of Chip Seal and/or Pavement Grants (for Chip Seal Reimbursement Rate projects) Received in the Past 0-1 $1.00 per square yard 2-3 $.50 per square yard 2 PROJECT By April 1, 2015, the grantee must list on their website, for a minimum period ACKNOWLEDGEMENT of one year, an acknowledgement of CalRecycle's funding and waste tire REQUIREMENTS diversion amounts for the project(s). See the "Acknowledgements" provision in the Terms and Conditions — Exhibit A, for acknowledgement requirement information. The acknowledgement must include the following: • Funded by grant from CalRecycle; • CalRecycle Logo 1; and • Number of California waste tires diverted from the waste stream by this project. I CalRecycle Logos are available in the Image Gallery web site at: http://www.calrecycle.ca.gov/Gallery/Lo os/,- or contact your Grant Manager. 2 To determine the number of tires diverted, refer to the Rubberized Pavement Certification Form (CalRecycle 739 -TRP) for the calculation formula. This is typically calculated after construction. When the web site acknowledgement posting is problematic due to grantee - specific issues, the grantee may substitute alternative forms of acknowledgement requirements upon written pre -approval from the Grant Manager. Alternatives to the web site posting acknowledgement requirement must include one or more of the following: 1. Utility bill inserts 2. Newspaper ads/stories 3. Local radio 4. Television public service announcement (PSA) 5. Signage acknowledgement. A high resolution file for production purposes can be found on the tire resources web site at: http://www.calrecycle.ca.gov/Tires/Grants/Resources/#Signage WORK PLAN AND Proposed changes or modifications to the approved project(s) must be CHANGES/ requested in writing to the Grant Manager. The request must include the MODIFICATIONS reason for change and a revised Project Summary and Calculation. The Grant Manager must approve the proposed changes in writing prior to the grantee performing any changes or incurring any related costs. GRANT GMSWeb is CalRecycle's web -based grant application and grant management MANAGEMENT system. Access to GMSWeb is secure; grantees must log in using a WebPass. SYSTEM (GMSWEB) WebPass accounts are tied to a specific email address. If an email address changes, or if it becomes inactive, the grantee must create a new WebPass account to continue accessing GMSWeb. Establish or manage a CalRecycle WebPass at; https:Hsecure.calrecycle.ca.gov/WebPass/. Accessing the grant Grantees must log into GMSWeb using their web pass at; https:Hsecure.calrecycle.ca.gov/Grants. After log -in, locate the grant in the Associated Grant Applications table and select the Grant Management link. The Grant Management module includes the following sections: • Budget Summary - shows approved budget, paid and remaining amounts. (This section is available to the grantee in Read-only mode.) • Payment Request Transactions - requests reimbursement. • Report and Other Grant Documents — uploads required reports and other grant documents that are not considered supporting documents to a payment request. Follow the instructions in GMSWeb to work in the system. Use the information in the following sections to determine what reports, transactions, and supporting documents are required. Contact Updates • Access to the grant is limited to those listed in the Contacts tab in the Application Module. Contact information is available to the grantee in read-only mode. • Email the assigned Grant Manager regarding gLny changes to contact information to ensure continued access. REPORTING A Progress Report and a Final Report are required by this Agreement; REQUIREMENTS however, the Grant Manager may request a Progress Report at any time during the grant term. All reports must be uploaded in GMSWeb. To upload a report: 1. Go to the Report and Other Grant Documents section in the Detail tab. 2. Click on the Upload a Document button. 3. Type a title, i.e. Progress Report 1, then click the Browse button to search and upload the document. 4. Click the Save button. 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 result in the termination of this Agreement or rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Manager. PROGRESS REPORT The grantee may submit the Progress Report to the Grant Manager any time REQUIREMENTS prior to, but no later than, April 1, 2014 (for the period covering the Notice to Proceed Date to April 1, 2014). The Progress Report must address the work completed during the Reporting Period and be accompanied by all required supporting documentation, including pre -construction photographs. The Progress Report must be submitted even if the work has not yet begun on the project. If you are submitting a Grant Payment Request at the same 11 time as your Progress Report, you must follow the guidelines under the Final Report Requirements. The Progress Report must be prepared in the format specified below and uploaded into the GMSWeb system, see Reporting Requirements section for instructions. Report Component Description Cover Page • Name of the grantee • Grant number • Amount of grant award • Dates of report coverage • Report preparation date • Disclaimer statement, as follows: "The statements and conclusions of this report are those of the Grantee and not necessarily those of the Department of Resources Recycling and Recovery, 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." Project Summary and Provide a brief description of the progress of the Status RAC grant project(s) including: • Approved, completed and in -process project(s) • The timeline for completion of remaining project(s) • Results Achieved • Problems encountered or anticipated • Provide a brief description of any changes to the project and/or schedule including: ➢ Changes in grantee contact information ➢ Changes or modifications to the original project FINAL REPORT The Final Report and final Grant Payment Request may be submitted at any REQUIREMENTS time after the project is completed, but must be submitted no later than April 1, 2015. The reporting period covers from the Notice to Proceed to April 1, 2015, or completion of Project, whichever is sooner. Failure to submit the Final Report and final Grant Payment Request with appropriate documentation by April 1, 2015, may result in rejection of the final Grant Payment Request and/or forfeiture by the grantee of any claims for reimbursement of otherwise eligible costs. The Final Report must be prepared in the format specified below and must be uploaded into the GMSWeb system, see Reporting Requirements section for instructions; you may need to upload multiple documents to complete all the requirements listed below. If requested, the grantee shall make an oral presentation to CalRecycle. Report Component Description Cover Page • Name of the grantee • Grant number • Amount of grant award • Dates of report coverage • Report preparation date • Disclaimer statement, as follows: "The statements and conclusions of this report are those of the Grantee and not necessarily those of the Department of Resources Recycling and Recovery, 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." Table of Contents Identify report contents and corresponding page numbers. Project Summary and Provide a concise Executive Summary of the Information project(s). Within the narrative of the report, the following information must be included: • For hot -mix: Amount (tons) of RAC; For chip seal: amount of rubberized binder (tons) and square yardage covered • General Information (thickness of paving, type of mix — e.g. asphalt -rubber, type G, gap graded, open graded, etc.) • Binder information — asphalt-rubber/field blend or terminal blend (include: asphalt cement type/grade, percent crumb rubber, percent binder in mix • Cost of material ($/ton -RAC, $/yd2-chip seal) • Problems encountered • Total pounds of crumb rubber used in project(s). For hot -mix: the total pounds of crumb rubber can be derived by determining the amount (pounds) of crumb rubber per ton of hot mix and then multiplying this number by the total tons of M hot mix used in the project(s). The amount (pounds) of crumb rubber per ton of hot mix can be derived by multiplying the percent binder in the mix (usually between 7-8% for asphalt rubber) and the percent of crumb rubber in the binder [usually 15-20% for asphalt rubber (minimum of 15% for the grant project(s)] times 2000 (pounds per ton). For chip seal: the total pounds of crumb rubber are derived by multiplying the amount (pounds) of binder used in the project(s) and the percent of crumb rubber in the binder [usually 15-20% for asphalt rubber (minimum of 15% for the grant project(s)]. Upload a Payment Calculation Summary form (CalRecycle 748 -TRP) via GMSWeb. Fill out the form and enter locations of Paving (List of Streets) and limits of Paving (Point A to Point B). Samples of completed form are provided on the last two tabs of the document. It provides options of how to enter street listings. The form is available at http://www.calrecycle.ca.gov/Grants/Forms, in the Tire Recycling, Cleanup, and Enforcement Grants section. Save and upload the completed form as an Excel file. Do not save as a PDF file. Waste Tires Diverted Total number of California waste tires diverted from the waste stream as a result of the project's completion. You must provide verification that 100% of the tire rubber purchased and used in the project was from California by signing and uploading the Rubberized Pavement Certification Form (CalRecycle 739 -TRP) via GMSWeb. The form is available at http://www.calrecycle.ca.gov/Grants/Fon-ns, in the Tire Recycling, Cleanup, and Enforcement Grants section. Photographs/ Project Two digital photographs of the completed project. Acknowledgement Pre -construction photographs are highly recommended, however, not mandatory. A copy of your internet web page (or alternative) project acknowledgement, including the web address. See Project Acknowledgement Requirements section for more alternatives. Contractor Summary List of all contractors and subcontractors that supplied rubberized asphalt materials for the project. For each contractor and subcontractor the following information must be included: • Name of Firm • Contact person • Address • Concise statement of work completed • Time period in which the work was completed • Amount paid • A copy of the Reliable Contractor Declaration (CalRecycle 168) required by Exhibit A — Terms and Conditions (Unreliable List) and filed for each contractor and subcontractor at the beginning of the project. GRANT PAYMENT 1. Payment to the grantee for eligible grant expenses are made on a INFORMATION reimbursement basis only and for only those materials and services specified in the approved Grant Application. 2. Reimbursement may be requested only twice during the grant term. In conjunction with (or after) submission of the Progress Report and in conjunction with the Final Report. 3. The grantee must submit the required Progress Report/Final Report, and the Grant Manager must approve the report prior to, or concurrent with, submission of the Grant Payment Request. 4. The grantee must submit a completed Grant Payment Request and provide supporting documentation as described in the "Grant 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 (10%) 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. Reimbursement of the 10% retention must be requested in the final Grant Payment Request. 7. CalRecycle will make payments to the grantee as promptly as fiscal procedures permit. The grantee can typically expect payment approximately forty-five (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) (see http://www.calrecycle.ca.gov/Grants/Forms) signed under penalty of perjury by the grantee's contractor(s) and subcontractor(s) in accordance with the "Unreliable List" provision of the Terms and Conditions. The declaration must be received and approved by the Grant Manager prior to commencement of work. See "Unreliable List" provision in Exhibit A — Terms and Conditions for more information. ELIGIBLE PROJECT Eligible costs include: COSTS Expenditures incurred during the term of the grant project (beginning after receipt from CalRecycle of a Notice to Proceed through April 1, 2015) directly related to the project(s) rubberized paving material and its installation. INELIGIBLE PROJECT Ineligible costs include, but are not limited to, the following: COSTS . Costs incurred for projects that start construction of the RAC paving prior to the Notice to Proceed date, or end construction after April 1, 2015; • Projects utilizing tire rubber material that is not made from 100% California -generated waste tires or that use truck tire buffing material; • Projects using less than the required amount of crumb rubber, as specified in Project Requirements; • Binder material not meeting the minimum 300 pounds (equivalent to 15 percent by weight) of tire -derived crumb rubber per ton of rubberized binder; • Slurry Seal materials/applications (whether or not they contain rubber) • Testing costs; • Personnel costs, including fringe benefits; • Overhead and/or indirect costs; and • Any other costs deemed unreasonable or unrelated to the purpose of the grant by the Grant Manager. GRANT PAYMENT To submit a Grant Payment Request: REQUEST AND 1. Go to the Payment Request Transactions section in the Detail tab. DOCUMENTATION 2. Click on the Create a Reimburse/Advance Reconciliation button. a. Choose Reimburse for the Transaction Type and enter the amount spent in each budget sub category. 3. When the transaction is complete, click the Save button. 4. After the transaction is saved, the Upload Supporting Documentation button will appear in the lower right corner. Upload all required supporting documents as listed below. a. A scanned copy of signed Grant Payment Request form (CalRecycle 87). The grantee is also required to mail the original Grant Payment Request form (CalRecycle 87) with an original signature of the signatory or his/her designee*, as authorized by grantee's Resolution or Letter of Commitment to: CalRecycle Rubberized Pavement Grant Program FiRM Branch, 9th Floor 1001 I Street, P.O. Box 4025 Sacramento, CA 95812-4025 6 * 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, such as invoices; receipts, weigh tickets or approved progress payment authorizations containing: ➢ Vendor name, phone number or address, purchase amount and date ➢ Description of goods or services ➢Proof of payment (e.g., copies of cancelled checks, bank statements, invoice marked as paid with corresponding receipts or cancelled checks) ➢Amount of RAC or chip seal material produced for the project );,For reimbursement based on differential cost, provide proof of. actual RAC cost ($/ton) and conventional AC cost (#/ton) {e.g., an alternate bid from the RAC project or other recent, comparable size AC project.{ Note: All supporting documentation must be maintained in accordance with the "Audit/Records Access " section of Exhibit A — Terms and Conditions. RECORDS AND AUDIT This grant is subject to a desk or field audit. See the "Audit/Records Access" REQUIREMENTS provision in Exhibit A — Terms and Conditions for more information. ANNUAL SURVEY Post -grant term Annual Surveys are encouraged by this Agreement to help assess your long-term satisfaction with the RAC road projects funded by this Grant Agreement. The grantee must complete and submit an Annual Survey for the Rubberized Pavement Grant Program every year for five (5) years after the grant is closed based upon the schedule below. Survey Due Date Survey Period June 30, 2016 Completion of Project — June 30, 2016 June 30, 2017 July 1, 2016 — June 30, 2017 June 30, 2018 July 1, 2017 — June 30, 2018 June 30, 2019 July 1, 2018 — June 30, 2019 June 30, 2020 July 1, 2019 — June 30, 2020 You will be notified via email once the annual online survey is available. The annual online survey may be accessed online at: http://www.calrecycle.ca. gov/Tires/Grants/Pavement/default.htm. 10