HomeMy WebLinkAboutC-3113 - California Integrated Waste Management Board (CIWMB) Used Oil Grant Funds•
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SEP 2 3
TO: Mayor and City Council
FROM: General Services Director
SUBJECT: Acceptance of Used Oil Grant
Recommendations:
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City Council Agenda
Item No. 6
September 23, 1996
Accept the Third Cycle Used Oil Opportunity Grant funds in the amount of
$232,925.58 from the California Integrated Waste Management Board ( CIWMB); and
Direct the City Manager to execute agreements with the CIWMB and Americlean
Environmental Services, Inc. to manage the grant program.
Background:
The CIWMB issues grants in the amount of $5,000,000 biennially to various
• municipalities to encourage the environmentally safe collection and recycling of used
lubricating oil. The State funds these grants through the collection of a used oil
recycling fee of $0.04 per quart of lubricating oil purchased in California.
On February 12, 1996, Council approved a resolution which authorized staff to
prepare and submit a Local Government Used Oil Opportunity Grant application to the
California Integrated Waste Management Board ( CIWMB). In June, the CIWMB
awarded a grant of $232,925.58 to the City.
Discussion
The grant application submitted to the CIWMB in February described a six -step City
program to promote the collection and recycling of used oil in the City. Grant monies
are available for use during the period of July 1, 1996 through June 30, 1998.
Currently, there are no locations in Newport Beach where residents, who change their
own oil, may dispose of the waste. People must utilize facilities out of the City,
including the County Household Hazardous Waste Collection Centers, or illegally
dispose of the oil in refuse containers or on City streets. In the worst case, people will
dump oil in storm drain catch basins or sewer inlets, where the oil can run into the Bay
or foul the sewage treatment plant.
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Used Oil Program Proposal:
The $232,925.58 approved by the.State is divided into the following tasks (shown in .
greater detail on the attached "Revised Budget Itemization "):
Task I: Establish and Support Certified Used Oil Collection Centers ($53,811.58)
The primary objective of this task is to establish certified used oil collection centers
(CCCs) in the City. There is a State -wide goal of one CCC per 10,000 population.
Based on the City population, seven should exist within the City limits. At the present
time, none exist. It is anticipated that businesses such as service stations and auto
repair facilities would become CCCs. This is by far the most economical way to
promote used oil disposal, as these businesses already have storage tanks for waste oil
disposal on site.
Task II: Establish and Support Used OR Collection Centers at Marina Facilities
($35,183.90)
This task would establish at least two tank installations at marina facilities for oil
disposal by the general public. The target population would be both the users of
watercraft in the harbor and other do- it- yourselfers (DIYers) in the adjacent
community. This is important, because there are no automobile repair facilities in the
Peninsula and Balboa Island areas which would be applicable to Task I. Grant funding
is provided to furnish 450 gallon aboveground tanks at the selected locations, since
adequate tanks do not exist at the present time. •
Task III: Conduct Public Education and Awareness Programs ($56,553.70)
This task would include the development of a public education program to include a
school education component for fifth and tenth grade students, a component
promoting awareness of the disposal options for waste oil, and an education and
awareness program describing the environmental hazards from improper used oil
disposal. The program is already part of the curriculum of Newport -Mesa schools
located in Costa Mesa, funded by a similar City of Costa Mesa grant.
Task IV: Coordinate and Execute Used Oil Events ($30,557.80)
This task would involve the establishment of quarterly used oil events at various
locations in the City wherein residents could bring their used oil for disposal. Such
events could be held in conjunction with other events such as the Earth Day
celebration, and Clean Harbor Day. At these events, volunteers of civic groups would
assist in the collection after being trained by the contractor.
Task V: Establish and Execute Oilmobile Collection Program ($44,224.60)
This task would establish a year -round mobile program for acceptance of used oil and
oil filters from the general public. The collections would be at different locations, and
would be staffed by contract labor. They are similar to the special events noted in
Task IV. •
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Task VI: Project Management ($12,594.00)
The grant contains requirements to prepare quarterly status reports for the CIWMB
and allows funding for status meetings with various contractors.
Agreements for Approval:
The Department proposes to enter into an agreement with Americlean Environmental
Services, Inc. (AES) to manage and implement the grant. AES is experienced in the
management of this type of grant, having managed similar grants in many cities,
including the City of Costa Mesa. AES has the experience and staff on -board to carry
out the tasks listed above in an expeditious manner and is knowledgeable of the State
regulations concerning the use of the grant.
A contract with AES to manage the grant is attached. AES will be compensated
$133,897.50 over the length of the grant term, which will fund their staff costs plus the
"oilmobile" collections. The remaining $99,028.08 will be used to fund City staff
costs ($10,648.10) as well as the construction and equipment costs ($86,879.98)
budgeted in the work statement. It should be noted that the City will be eligible for
advances from the grant proceeds to fund the construction and equipment costs,
which will result in no out of pocket City expenditures at any time.
• It is also important to note that there is no requirement for City matching funds. All
costs are paid out of the grant funds. The contract with AES stipulates that the City
will pay the contractor invoices after reimbursements are received from the State.
A second attached agreement is the State of California "Standard Agreement," which
delineates the terms, conditions, and administrative procedures governing the Grant.
Following execution of this agreement and acceptance by the State, AES will
commence program implementation under an accelerated work schedule.
Upon approval of the recommendations, staff will provide periodical updates for the
Council.
Respectfully submitted,
David E. Niederhaus
DEN /mp
Attachments (a) Revised Budget Itemization
(b) Americlean Environmental Services, Inc. Agreement
(c) State of California "Standard Agreement"
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THIS AGREEMENT, entered into this 12th day of September, 1996, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred to
as "City "), and AMERICLEAN ENVIRONMENTAL SERVICES, INC., whose address is
188 Pomona Avenue, Long Beach, California, 90803, (hereinafter referred to as
"Consultant "), is made with reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing 0
under the laws of the State of California with the power to carry on its business as
it is now being conducted under the statutes of the State of California and the
Charter of the City.
B. The principal members of the Consultant are Michael Balliet, Louis
Ippolito, Glen Fernandez, and Steven Howe.
C. City has obtained approval for a "Local Government Used Oil
Opportunity Grant — Third Cycle No. UOG3- 95- 1445 -30 ", hereinafter "Third Cycle
Opportunity Grant," from the State of California Integrated Waste Management
Board Used Oil Grant Program.
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D. City intends to use the services of an independent consulting firm on
a subcontract basis for support and implementation of the grant pursuant to the
provisions of City's contract with the State.
E. Consultant has represented to City that Consultant has the requisite
training, knowledge and facilities to properly perform the required services in a
thorough, competent, professional and workmanlike manner.
F. City desires to engage Consultant to develop; implement, and
manage a used oil recycling program upon the terms and conditions contained in
this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
• parties as follows:
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1. TERM
The Term of this Agreement shall commence on the 28th day of September, 1996,
and shall terminate on the 30th day of June, 1998, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform the tasks set forth in the May 6, 1996 "Revised Budget
Itemizations Local Government Used Oil Opportunity Grant" marked Exhibit "A ", attached
hereto and incorporated herein by this reference.
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3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount and manner set forth in Exhibit "A", attached hereto and
incorporated herein by this reference.
4. STANDARD OF CARE
All of the work shall be performed by Consultant or under Consultants supervision.
Consultant represents that it possesses the professional and technical personnel
required to perform the services required by this Agreement and that it will perform all
services in a manner commensurate with the community professional standards. All
services shall be performed by qualified and experienced personnel who are not
employed by City nor have any contractual relationship with City. The Consultant shall be
responsible to City for any errors or omissions in the execution of this Agreement. •
Consultant represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of the City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the express terms of this Agreement. No civil service status or other right of
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employment with City will be acquired by virtue of Consultant's services. None of the
benefits provided by City to its employees, including, but not limited to, unemployment
insurance, worker's compensation plans, vacation and sick leave, are available from City
to Consultant, its employees or agent. Deductions shall not be made for any state or
federal taxes, FICA payments, PERS payments or other purposes normally associated
with an employer - employee relationship from any fees due Consultant. Payments of the
above items, if required, are the responsibility of Consultant.
6. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the project.
• 7. PROJECT MANAGER
The Consultant shall assign the project to a Project Manager, who shall coordinate
all phases of the project. This Project Manager shall be available to the City at all times.
The Consultant has designated Michael Balliet to be its Project Manager.
8. TIME OF PERFORMANCE
The tasks to be performed by Consultant under and pursuant to this Agreement
shall be completed as contemplated by Exhibit "A ". Consultant shall receive no additional
compensation if completion of its obligation under this Agreement requires a time greater
than as set forth on Exhibit "A ". Each party hereby agrees to provide timely notice to the
other of any violation occurring under this Section and the cause thereof.
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9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project •
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal requirements and be subject to approval of the Project Administrator and City
Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and /or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or •
are desired.
12. HOLD HARMLESS
Consultant agrees to indemnify, defend, save and hold harmless City, its City
Council, boards and commissions, officers and employees from and against any and all
loss, damages, liability, claims, suites, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, attorneys fees and court costs arising from any and all negligent actions of
Consultant, its employees, agents or subcontracts in the performance of services or work
conducted or performed pursuant to this Agreement.
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. Consultant shall indemnify and hold harmless City, its City Council, boards and
commissions, officers and employees from and against any and all loss, damages,
liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys'
fees, accruing or resulting to any and all persons, firms or corporations furnishing or
supplying work, services, materials, equipment or supplies arising from or in any manner
connected to the Consultant's negligent performance of services or work conducted or
performed pursuant to this Agreement.
13. INSURANCE
Without limiting consultant's indemnification of City, Consultant shall obtain and
provide and maintain at its own expense during the term of this Agreement policy or
policies of liability insurance of the type and amounts described below and satisfactory to
• the City. Such policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to exercising any right or
performing any work pursuant to this Agreement. All insurance policies shall add as
insured the City, it selected officials, officers and employees for all liability arising from
Consultant's services as described herein.
Prior to the commencement of any services hereunder, Consultant shall provide to
City certificates of insurance from an insurance company. certified to do business in the
State of California, with original endorsements, and copies of policies, if requested by
City, of the following insurance, with Best's Class B or better carriers:
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A. Worker's compensation insurance covering all employees and •
principals of the Consultant, per the laws of the State of California;
B. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury and
property damage. If commercial general liability insurance or other form with a
general aggregate is used, either the general aggregate shall apply separately to
this project, or the general aggregate limit shall be twice the occurrence limit;
C. Commercial auto liability and property insurance covering any owned
and rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the •
services to be performed in connection with this Agreement in the minimum
amount of One Million Dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
suspended, voided or canceled by either party, or reduced in coverage or in limits except
after thirty (30) days' prior notice has been given in writing to City. Consultant shall give
to City prompt and timely notice of claim made or suit instituted arising out of Consultant's
operation hereunder. Consultant shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
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• Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any interest in this Agreement, directly or indirectly, by operation of law or otherwise
without prior written consent of City. Any attempt to do so without consent of City shall be
• null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no
right or interest by reason of an attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty -five percent (25 %) or more of the assets of the
corporation, partnership or joint venture.
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15. REPORTS •
Each and every report, draft, work product, map, record and other document
reproduces, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City, and shall be
turned over to City upon termination of this Agreement or completion of the Project.
No report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information which results from the services in this Agreement is to be kept •
confidential unless the release of information is authorized by the City.
17. CITY'S RESPONSIBILITIES
City shall furnish to Consultant base, maps, existing studies, ordinances, data and
other existing information as shall be requested by Consultant and materials in City's
possession necessary for Consultant to complete the work contemplated by this
Agreement. City further agrees to provide all such materials in a timely manner so as not
to cause delays in Consultant's work schedule.
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18. ADMINISTRATION
This Agreement will be administered by the General. Services Department. The
General Services Director or his /her designees shall be considered the Project
Administrator and shall have the authority act for the City under this Agreement. The
Project Administrator or his/her authorized representative shall represent the City in all
matters pertaining to the services to be rendered pursuant to this Agreement.
19. EXTRA WORK
All extra work must be authorized in writing by the Project Administrator and
Consultant shall not be entitled to extra compensation without authorization. Consultant
shall receive compensation for extra work only when authorized and paid in advance by
the State.
. 20. RECORDS
Consultant shall keep records and invoices in connection with its work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
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21. REIMBURSEMENT FOR EXPENSES
Consultant shall not be reimbursed for any expenses unless authorized in writing •
by City, and only after City is reimbursed by State..
22. MONTHLY INVOICES
Consultant shall submit invoices to the City on a monthly basis in accordance with
Consultant's schedule of fees contained in Exhibit "A" hereof. Each invoice will be
itemized and reported pursuant to and on such form provided by the State Administrative
Procedures and Requirements for the Third Cycle Opportunity Grant. Each invoice shall
show the number of hours worked per person /consultant and the nature of the work
performed.
23. PAYMENT OF COMPENSATION
Payment of compensation is contingent upon and will be paid upon receipt of •
funds from the State under the Third Cycle Opportunity Grant.
24. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
its work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. The determination of the City Manager
with respect to such matter shall be final. Consultant shall be entitled to receive interest
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on any withheld sums at the rate of seven percent (7 %) per annum from the date of
withholding of any amounts found to have been improperly withheld.
25. ERRORS AND OMISSIONS
If the Project Administrator determines that the Consultant's negligence, errors or
omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such negligence, errors or
omissions in the plans or contract specifications, Consultant shall reimburse City for the
additional expenses incurred by the City including engineering, construction and/or
restoration expense.
26. NONDISCRIMINATION BY CONSULTANT
Consultant represents and agrees that Consultant, its affiliates, subsidiaries or
• holding companies do not and will not discriminate against any subcontractor, consultant,
employee or applicable for employment because of race, religion, color, sex, handicap or
national origin. Such nondiscrimination shall include, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff,
termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship.
27. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with this project.
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28. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of
the California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose financial interest that may foreseeable be materially affected
by the work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeable financially affect
such interest.
B. If subject to the Act, Consultant shall conform to all requirements of
the Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Consultant shall indemnify and hold
harmless the City for any claims for damages resulting from the Consultant's
violation of this Section. •
29. SUBCONTRACTING
A. Consultant shall not subcontract any portion of the work required by
this Agreement, except as expressly stated herein, without prior approval of City.
B. Subcontracts, if any, shall contain a provision making them subject to
all provisions stipulated in this Agreement.
30. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
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personally or on the second business day after the deposit thereof in the United States
mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92659 -1768
Attention: General Services Director
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
•
Americlean Environmental Services, Inc.
188 Pomona Avenue
Long Beach, CA, 90803
Attention: Michael Balliet, Project Manager
31. TERMINATION
In the event Consultant hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and Consultant fails to give adequate assurance of due performance within two (2) days
after receipt by Consultant from City of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, City may terminate the
Agreement forthwith by giving to the Consultant written notice thereof.
WEAW
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City shall have the option, at its sole discretion and without cause, of terminating
this Agreement without cause by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, each party shall pay to the other
party that portion of compensation specified in this Agreement that is earned and unpaid
prior to the effective date of termination.
32. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason for an alleged breach of any provisions of this Agreement, the prevailing party
shall be entitled to receive from the losing party all costs and expenses in such amount as
the court may adjudge to be reasonable attorneys' fees.
33. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and 0
regulations enacted or issued by City.
34. WAIVER
A waiver by City of any breach of any term, covenant or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition contained herein whether of the same or a different character.
35. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
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implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
ATTEST:
CITY CLERK
APP • FORM:
T• .
F AcatAebbie�agla meHde.doc
09 -12 -96
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CITY OF NEWPORT BEACH
A Municipal Corporation
M
CONSULTANT
TATE OF • PPROVED BY THE
STANDARD AGREEMENT*,TTORNEY GENERAL
iO2(REV.S -91) CONTRACT NUMMIR
UOG3 -95 -1445
TAX PAYER'S FEDEML EMPLOTEN [Q[ RFIGTION NUMBER
HEEMENT, made and entered into this 30th day of June, 1996,
tflW of California, by and between State of California, through its duly elected or appointed, qualified and acting
STATE
Executive Director
Waste Manallement Board , hereafter called the State, and
Newport Beach , hereafter called the Contractor.
'ITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed,
les hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor,
ne for performance or completion, and attach plans and specifications, if any.)
ontractor agrees to undertake and complete all necessary tasks to implement a local used oil collection program as authorized by Public Resources Code
.ction 48632(a) and as described in the Grantee's Local Government Used Oil Opportunity Grant Application as approved by the Board.
;+e term of the agreement will be 24 months, commencing on June 30, 1996 and terminating on June 30, 1998. Contractor will be paid in accordance
ith Exhibit A and Exhibit B. The State will withhold 10% of the total grant award until completion of all work and other requirements to the satisfaction
'the State in accordance with this contract.
xhibit A: Terms and Conditions
ehibit B: Administrative Procedures and Requirements
•
)NTINUED ON
EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
ne provisions on the reverse side hereof constitute a pan of this agreement.
WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
CONTRACTOR
:iNCY CONTRACTOR
(If oNer Nat an it md=i. sure WheNa a.,pa ioa, pc ship, cm.)
- alifornia Integrated Waste Management Board
Newport Beach
�A UTHORIZED SIGNATURE) BY
(AUTHORIZED SIGNATURE)
NTED NAME OF PERSON SIGNING PRINTED
NAME AND TITLE OF PERSON SIGNING
Ralph E. Chandler
LE ADDRESS
Executive Director
OUNTENCUMBEREDBY THIS
PROGRAMiCATEGORY(CODE AND TITLE)
FUNDTITLE
De artment of General Services
P
CUMENi
CA Used Oil Recycling
Use Only
(OPTIONAL USE)
$232,926.00
OR AMOUNT ENCUMBERED
ITEM
CHAPTER
STATUTE
FISCAL YEAR
I THIS CONTRACT
$ - 0 -
3910 -604 -100
822
1995
1995 -96
rnL AMOUNT ENCUMBERED
OBJECT OF EXPENDITURE tCODE ANDTITLE)
DATE
1100 -23300 -702
$232,926.00
e rtify upon my own personal knowledge that budgeted funds are available
T.B.A. N0, B.R.
NO.
hod and purpose of the expenditure stated above.
M
n
NATURE OF ACCOUNTING OFFICER
DATE
CONTRACTOR
n
STATE AGENCY
DEPT. OF GEN.SER.
CONTROLLER
STATE OF CALIFORNIA •
STANDARD AGREEMENO
STD I (REV.5 -91) (REVERSE)
I. The Contractor agrees to indemnify. defend and save harmless the State, its officers. agents and employees from any •
and all claims and losses accruing or resultin, to any and all contractors, subcontractors, matcriahmen. laborers and
any other person, firm or corporation furnishing or supplying Aork services, materials or supplies in connection with
the performance of this contract. and f-orn may and all claims and lodes accruing or resultin, to any person. firm or
corpurniotn who may be injured or dammed by the Conn act in the performance of this contract.
2. l he Contractor, and the agents and employees of Contractor, in the pertin stance of tlm agreement. shall act in an
independent capacity and not as ofticers or employees or agents ofthe State of California.
3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should
Contractor fail to perfimn the covenants herein contained at the tune and in the manner herein provided. In the event
oaf such termination the.State nnav proceed with the work in ally manner deemed proper by the State. l'he cost to the
State ,hall be deducted from ally sum due the Contractor under this agreement, and the balance, if any. shall be paid
the Contractor upon demand.
•t. Without the is ritten consent of the State, this agreement is not assi,rrtble by Contractor either in whole or in pmt.
Mime is of the essence in this agreement.
G. No alteration or variation of the terms of this contract shall be valid unless made in writin, and signed by the parties
hereto. and no oral understanding m agreement not incorporated herein. shall be binding oil anv of the parties hereto.
7. Th_ consideration to be paid Contractor. as provided herein. shall be in compensation for all of Connactor's expense;
incurred in the performance he;Li 1, including navel and per diem, unless otherwise expressly so provided.
3 �'
E
Exhibit A
California Integrated Waste Management Board
Used Oil Grant Program
Terms and Conditions
Purpose. The purpose of this agreement is to establish the terms and conditions of the Used Oil Opportunity Grant.
Definitions. In interpreting this agreement, the following terms will have the meanings given to them below, unless the
context clearly indicates otherwise.
A. "Board" will mean the California Integrated Waste Management Board.
B. "Executive Director" will mean the Executive Director of the California Integrated Waste Management
Board, or his/her designee.
C. "State" will mean the State of California, including but not limited to, the California Integrated Waste
Management Board andfor its designated officer.
D. "Grantee" will mean the recipient of funds pursuant to this Agreement.
E. "Program Manager" will mean the Board staff person responsible for monitoring the grant.
Audit. The Grantee agrees that the Board, the State Controller's Office and the State Auditor General's Office, or their
designated representatives, will have an absolute right of access to all of the Grantee's records pertaining to the grant to
conduct reviews and /or audits, including, but not limited to the Grantee's contractors, subcontractors, vendors, and any
eq1ty receiving benefit from the grant funds. These records pertaining to the grant funds will be made available to the
ated auditor(s) upon request for the reviews and /or audits. Such records will be retained for at least three (3) years
a expiration of the agreement, or until completion of the action and resolution of all issues which may arise as a result
of any litigation, claim, negotiation, or audit, whichever is later.
If an audit reveals the Board funds are not being expended, or have not been expended in accordance with the
agreement, the Grantee may be required to forfeit the unexpended portion of the funds and /or repay the Board for any
improperly expended monies.
Drug -Free Workplace Certification. The Grantee, by signing this agreement, certifies compliance with Government Code
Section 8355 in matters relating to providing a drug -free workplace. The Grantee will:
A. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations, as required by Government Code Section 8355(a).
B. Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b), to inform
employees about all of the following: (a) the dangers of drug abuse in the workplace, (b) the Grantee's
policy of maintaining a drug -free workplace, (c) any available counseling, rehabilitation and employee
assistance programs, and (d) penalties that may be imposed upon employees for drug abuse violations.
C. Provide as required by Government Code Section 8355(c), that every employee who works on the
proposed grant: (a) will receive a copy of the. company's drug -free policy statement, and (b) will agree to
abide by the terms of the company's statement as a condition of employment on the grant. The person
signing this grant on behalf of the Grantee swears that he/she is authorized to legally bind the Grantee to
this certification and makes this certification under penalty of perjury under the laws of the State of
California,
&al Labor Relations Board Certification. The Grantee, by signing this agreement, swears under penalty of perjury
ih no more than one final unappealable finding of contempt of court by a Federal court has been issued against the
contractor 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.
Used Oil Grant Terms and Conditions • Page 2
Availability of Funds. The Board's obligations under this agreement are contingent upon and subject to the availability of
funds appropriated for this grant.
Payment. The Budget states the maximum amount of allowable costs for each of the tasks identified in the Work
Statement. The Board will reimburse the Grantee for performing only those services specified in the Work Statement
and presented on the payment request.
In the event the Grantee's projection of costs indicates a need to revise the Budget, the Grantee will notify the Board
within ten (10) working days of the discovery of need for revision.
Entire Aareement. This agreement supersedes all prior agreements, oral or written, made with respect to the subject
hereof and, together with the Attachments hereto, Grantee's application and supplemental information generated
pursuant to the grant agreement contains the entire agreement of the parties.
Failure to Complete Proiect. Given that the benefit to be derived by the Board from the full compliance by the Grantee
with the terms of this grant is the investigation and application of technologies, processes, and devices which support
reduction, reuse and /or recycling of wastes, should the Grantee fail to complete the project, the Board will only reimburse
the Grantee for the work performed under the grant which resulted in either information, a process, usable data, or a
partial product which can be used to aid in reduction, reuse and /or recycling of waste as determined by the Program
Manager.
Communications. All official communication from the Grantee to the Board will be directed to the Grantee's assigned
Used Oil Grant Program Manager, Califomia Integrated Waste Management Board, 8800 Cal Center Drive, Sacramento,
CA 95826. All formal notices required by this agreement will be given in writing and sent by prepaid mail, by personal
delivery, or by FAX followed by an original.
Confidentialitv/Public Records. The Grantee and the Board understand that each party may come into possession of
information and /or data which may be deemed confidential or proprietary by the person or organization furnishing the
information or data. Such information or data may be subject to disclosure under the California Public Records Act,
commencing with Government Code Section 6250. The Board agrees not to disclose such information or data furnished
by the Grantee and to maintain such information or data as confidential when so designated by the Grantee in writing at
the time it is furnished to the Board, only to the extent that such information or data is exempt from disclosure under the
California Public Records Act.
Publicity and Acknowledgement. The Grantee agrees that it will acknowledge the Board's support each time projects
funded, in whole or in part, by this agreement are publicized in any news media, brochures, or other type of promotional
material.
Ownership of Drawings. Plans and Specifications. The Board will have separate and independent ownership of all
drawings, design plans, specifications, notebooks, tracings, photographs, negatives, reports, findings, recommendations,
data and memoranda of every description or any part thereof, paid for in any part with grant funds, and copies thereof will
be delivered to the Board upon request. The Board will have the full right to use said copies in any mannerwhen and
where it may determine without any claim on the part of the Grantee, its vendors or subcontractors to additional
compensation.
Coovriahts and Trademarks. The Grantee assigns to the Board any and all interests and rights to copyright or trademark
any material created or developed with grant funds. This assignment is valid if any portion of the creation or
development of a copyright or trademark is paid for with funds granted by the Board. Upon written request by the
Grantee the Board may, afthe Board's option, give express written consent to the Grantee to retain all or any part of the
ownership of these rights.
As used herein, "copyrightable material" includes all materials which may be copyrighted as noted in Title 17, United
States Code, Section 102, as follows: 1) literary works, 2) musical works, including any accompanying words, 3)
dramatic works, including any accompanying music, 4) pantomimes and choreographic works, 5) pictorial, graphic and
sculptural works, 6) motion pictures and other audio visual works, and 7) sound recordings. As used herein,
"trademarkable material" means any material which may be registered as a trademark, service mark or trade name •
under the California Trademark Law, cited at Business and Professions Code (B &PC) Sections 14200- 14342.
"Trademark" is defined by B &PC Section 14207. "Service mark" is defined by B &PC Section 14206. "Trade name" is
defined by B &PC Section 14208.
7 '
J Oil Grant Terms and Conditions •
Patents. The Grantee assigns to the Board all rights, title and interest in and to each invention or discovery that may be
capable of being patented, that is conceived of or first actually reduced to practice in the course of or under this
WBement, or with the use of any grant funds. Upon written request by the Grantee the Board may, at the Board's
on, give express written consent to the Grantee to retain all or any part of the ownership of these rights.
Successors and Assigns. The provisions of the agreement will be binding upon and inure to the benefit of the Board and
the Grantee and their respective successors and assigns.
Discretionary Termination or Assignment of Agreement. The Board will have the right to terminate this agreement at its
sole discretion at any time upon 30 days' written notice to the Grantee. In the case of early termination, a final payment
will be made to the Grantee upon receipt of a financial report and invoices covering costs incurred prior to ternination,
and a written report describing all work performed by the Grantee to date of termination.
Stop Work Notice. Immediately, upon receipt of a written notice to stop work, the Grantee will cease all work under the
agreement.
Disputes. If for any reason the Grantee and the Executive Director cannot reach mutual agreement, the Grantee may
refer the dispute to the Board for final resolution.
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 the agreement, at law or in equity, and exercise of one right or remedy will
not be deemed a waiver of any other right or remedy.
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 the agreement. To the full extent,
however, that the provisions of such applicable law may be waived, they are hereby waived, to the end that the
agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms.
Force Maieure. Neither the Board nor the Grantee, including the Grantee's contractor(s), if any, will be responsible
under for any delay, default or nonperformance of this agreement, to the extent that such delay, default or
erformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage,
or flood, or any other cause beyond the reasonable control of such party.
Controlling Law. All questions concerning the validity and operation of the agreement and the performance of the
obligations imposed upon the parties hereunder will come within the jurisdiction of and be governed by the laws of the
State of California.
Compliance. The Grantee shall comply fully with all applicable federal, state and local laws, ordinances, regulations and
permits. The Grantee must provide evidence that all local, state and /or federal permits, licenses, registrations, and
approvals for the proposed project have been secured and 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 permits or other requirement necessary to carry out the terms of this agreements. Any deviation from these stated
requirements will result in non - payment of grant funds.
Equipment and Supplies. Subject to the obligations and conditions set forth in this section, title to equipment and
supplies acquired under a grant will vest upon acquisition in the Grantee.
Use. Equipment and supplies shall only be used by the Grantee in the program for which it was acquired as long as
needed, whether or not the program continues to be supported by Board funds.
Insurance. The Grantee shall obtain, and keep in force for the term of this agreement, and require its contractors to
obtain and keep in force, the following insurance policies which cover any acts or omissions of the Grantee, or its
employees, engaged in the provision of service specified in this agreement. Proof that the following insurance is in place
shall be submitted to the Board prior to the awarding of the grant.
1 Worker's Compensation Insurance in accordance with the statutory requirements of the State where the work is
performed.
2. Comprehensive personal injury liability insurance, including coverage of owned, hired and nonowned automobiles.
Used Oil Grant Terms and Conditions • Pape 4
3. Comprehensive property damage liability insurance, including coverage of owned, hired and nonowned
automobiles.
4. Equipment and motor vehicle coverage at a level sufficient for replacement of property acquired under this
agreement.
5. Insurance coverage required for program implementation pursuant to Title 22, California Case of Regulations,
Section 66264.147.
Hold Harmless.
A. Grantee agrees to waive all claims and recourse against the State including the right to contribution for
loss or damage to persons or property arising from, growing out of or in any way connected with or
incident to this agreement. This waiver extends to any loss incurred due to any product, structure or
condition created pursuant to, or as a result of the grant agreement.
B. Grantee agrees to indemnify, hold harmless and defend the State, its officials, officers, agents and
employees against any and all claims, demands, damages; costs, expenses, or liability cost arising out of
the activities undertaken, product, structure or condition created pursuant to, or as a result of this grant
agreement.
Nondiscrimination Clause (OCP - 2)
During the performance of this grant, the Grantee, contractor and its subcontractors will not deny the grant's benefits
to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor
will they discriminate unlawfully against any employee or applicant for employment because of race, religion, color,
national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age or sex. Grantee
will ensure that the evaluation and treatment of employees and applicants for employment are free of such
discrimination.
2. Grantee will comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900
et seg.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 at sea.),
the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code,
Sections 11135 - 11139.5) and the regulations or standards adopted by the awarding State agency to implement
such article.
3. Grantee and any subcontractors will give written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other agreement.
4. Grantee will include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts
to perform work under the grant.
Third Cycle Used Oil Opportunity Grant - 1996/90
l/
+ x
,
E
•
Exhibit B
•
0
L�
RECYCLE
USED OIL
Local Government Used Oil Opportunity Grant
Third Cycle
Administrative Procedures and Requirements
June1996
0 i ., .
Third Cycle Opportunity Grant - Administrative Procedures and Requirements Pane �•
LOCAL GOVERNMENT USED OIL OPPORTUNITY GRANT PROGRAM
THIRD CYCLE - 1996 -1998 •
Administrative Procedures and Requirements
INTRODUCTION
These Administrative Procedures and Requirements for the Local Government Used Oil Opportunity Grant Program
(Opportunity Grant) set forth the policies and procedures for administering the Opportunity Grant award made through
the California Integrated Waste Management Board's (CIWMB) Used Oil Grant Program. This document, which is
incorporated by reference into the grant agreement, describes the administrative reporting requirements, instructions
for obtaining payment of the grant, and fiscal control procedures to be followed in implementing CIWMB funded
Opportunity Grant programs. Direct any questions regarding this document or the grant agreement to your CIWMB
Grant Manager, or the Used Oil Recycling Program at (916) 255 -2891. The mailing address is: California Integrated
Waste Management Board, 8800 Cal Center Drive, Mail Station 4, Sacramento, CA 95826.
ELIGIBLE PROGRAMS
Opportunity Grant funding is for the establishment of new programs or the enhancement of existing programs that
encourage recycling of used lubricating oil. Local used oil collection programs are to be developed by the Grantee,
and it is the responsibility of the Grantee to ensure all costs are appropriate. The Grantee must adhere to the
proposal approved by the CIWMB.
A. ELIGIBLE EXPENSES
Grantee's approved Budget Itemization. (An invoice dated after June 30, 1998 can be honored if it clearly shows the
services were rendered during the grant term). It is the Grantee's responsibility to ensure that all claimed costs are •
appropriate by reviewing all contract documents, newsletters, and other information updates supplied by the CIWMB's
Used Oil Program, and consulting with the Grantee's CIWMB Grant Manager. All claimed costs to be funded with
grant funds must be clearly related to implementation and operation of the proposed used oil program or the claim will
not be considered or honored.
Examples of eligible expenses are:
✓ Establishment of used oil collection centers
✓ Establishment or expansion of regularly scheduled or on -call curbside used oil collection (e.g., retrofitting of
vehicles for curbside collection of used oil)
✓ Construction or improvement of permanent facilities for the collection of used oil (if other hazardous waste is
collected at the facility, only the portions relating to used oil can be funded)
✓ HHW mobile, permanent, or one -day collection programs (used oil related expenses only)
✓ Establishment of collection opportunities for the agricultural community (used oil related expenses only)
✓ Equipment and supplies for collection of used oil (i.e., curbside oil containers, oil test kits, etc.)
✓ Personnel expenses directly related to the local used oil collection program (time sheets required for
documentation)
✓ Collection costs for used oil /filters
✓ Storm drain stenciling (grant will fund up to 30% of costs) •
✓ Used oil collection facilities at marinas
✓ Staff training directly related to the implementation of the local used oil collection program
Q
19tive Procedures i
i
Assistance to a private entity for expenses associated with offering free collection of used oil to the public
10% purchase preference for products derived from used oil, (e.g., rerefined lubricating oil, asphalt flux). The
products must be used in the jurisdiction's fleet, contracted hauler's fleet, or for projects approved by the
Grantee's CIWMB Grant Manager
"Grantees must contact their CIWMB Grant Manager in writing before making expenditures listed below. Failure to
do so may result in payment not being made."
4 ALL public education, advertising, or promotional materials (including materials previously approved under
another grant), e.g., flyers, posters, mailers, videos, N and radios scripts, or premiums. Grantees MUST
submit a final draft of these materials to their CIWMB Grant Manager for approval prior to production to
determine funding level and appropriateness. Please allow at least 5 working days to review public education
material. Allow a minimum of ten working days for review of non - English public education material
4 Travel expenses directly related to the implementation of the used oil collection program. Expenses will be
reimbursed according to guidelines set forth in the State Administrative Manual sections 0700 -0741 and the
current Department of Personnel Administration memorandum. For example: Mileage expenses may not
exceed $0.24 per mile; Per diem may not exceed $79.00 plus tax per night for lodging; Meal allowances may
not exceed $5.50 for breakfast, $9.50 for lunch, and $17.50 for dinner and are only allowable for a trip of 24
hours or longer; transportation must be the most economical taking into consideration employee time and
direct costs
4 Purchase or leasing of any vehicle or trailer
4 Used oil collection tanks exceeding 550 gallons
Financial assistance exceeding $2,500 for a privately -owned collection center
Total costs for transportation and hauling of contaminated lubricating oil exceeding $1,000 during the grant
term
4 Costs related to industrial generators
4 Copyrighted or trademarked materials
B. INELIGIBLE EXPENSES
Any expenses not directly related to the implementation of the proposed used oil program can not be funded. These
include but are not limited to the following:
X Expenses for services rendered or goods purchased prior to June 30, 1996, or after June 30, 1998. An
invoice dated after June 30, 1998 can be honored if it clearly shows the services were rendered during the
grant term
X Overhead or indirect costs
X Any portion of a program currently funded by a CIWMB loan or grant
X Overtime costs (except for local government staffing during evening or weekend events when law or labor
contracts REQUIRE overtime compensation)
Oil spill remediation
Enforcement activities
X Computer hardware and software
-:ra
11111(il
X Office supplies
X Cellular phones and pagers
X Underground storage tanks
Procedures and Rena irements 0
X Feasibility, planning, or background studies
X Programs that are not cost effective
X Travel expenses that are not directly related to the implementation of the used oil program
X Any food or beverages (e.g., as part of meetings, workshops, training, events, etc.)
X Equipment or other materials that are not primarily used to implement the used oil program
X Purchase or retrofitting of-vehicles for any activities other than for curbside used oil collection
X Financial assistance to a collection center that does not accept oil from the public for free
X Staff training that is not directly related to the implementation of the local used oil collection program
PUBLIC EDUCATION AND ACKNOWLEDGMENT
4
0
The Grantee MUST acknowledge the California Integrated Waste Management Board's funding ( e.g., Funding •
Provided by a Grant from the California Integrated Waste Management Board) and prominently display the CIWMB
"used oil drop logo" on all promotional materials and equipment funded by this agreement. Vehicles or other large
pieces of equipment purchased with grant funds must have a sign attached indicating they were purchased with
CIWMB grant funds using the "used oil drop" logo. Such signs are available from the CIWMB at no cost; or the
Grantee, with their CIWMB Grant Manager's approval, may develop their own sign.
Public education or promotional materials must contain an oil recycling message and list all collection.opportunities
within the jurisdiction or indicate a telephone number for information on the centers in the jurisdiction.
COPYRIGHTS AND TRADEMARKS
As indicated in the Terms and Conditions included in the grant agreement, the Grantee assigns to the Board any and
all interests and rights to copyright or trademark any material created or developed with grant funds. To avoid
potential confusion on this issue it is recommend that Grantees include the following language in any
contractslagreements they may enter into with subcontractors regarding materials that could be copyrighted or
trademarked:
"The parties agree that all "copyrightable" or "trademarkable" materials (including, but not limited to, artwork, graphics,
literary works, musical works, motion picture and other audio - visual works, sound recordings, and materials which
may be registered as trademarks, service marks, or trade names) developed pursuant to this Agreement shall be the
property of the California Integrated Waste Management Board, as according to the terms and conditions of the Grant
Agreement between (Name of Jurisdiction) and the California Integrated Waste Management Board, dated
Grantees must obtain approval from the CIWMB Grant Manager prior to the purchase of copyrightable or
trademarkable materials.
9
77 V
Third Cvcle O000rtunity Grant - Admintative Procedures and Reouirements •
PROGRESS REPORTS
0 Grantee must submit a Progress Report with each Payment Request. If a Payment Request has not been
mitted by December 31, 1996, the Grantee must submit a Progress Report by January 15, 1997 covering
progress during the first six months of the grant term. In addition, if a Payment Request has not been submitted
between January 15, 1997 and September 30, 1997, the Grantee must submit a Progress Report by October 15
1997, covering progress during those nine months. The CIWMB Grant Manager may request a Progress Report from
a Grantee at any time, and has authority to immediately suspend or terminate the agreement if progress is deemed
unsatisfactory. Any problems or delays must be reported to the CIWMB Grant Manager immediately.
Grantees should use a format similar to the sample found in Attachment A of this document. Each Progress Report
must include:
A detailed description, under each funded budget category, (i.e., Curbside Collection, Certified Collection
Centers, Public Education, etc.) all work completed since the previous Progress Report. Describe any
problems or special situations encountered
An indication of the state of completion (percentage) of the tasks listed in the work statement of the grant
application
A discussion of anticipated accomplishments for the next reporting period
Five copies of all final public education, advertising, or promotional materials produced, purchased and /or
distributed with grant funds
FINAL REPORT
QFinal Report and Payment Request must be received by the CIWMB Grant Manager by August 14, 1998. Format
ructions for the Final Report will be sent to Grantees during April 1998. If requested, the Grantee must make an
oral presentation to the California Integrated Waste Management Board.
FAILURE TO COMPLY
Failure to comply with the reporting requirements specified above may result in termination of this agreement or
suspension of any or all outstanding Payment Requests until such time as the Grantee has satisfactorily completed
the reporting provisions.
GRANT PAYMENTS
All Payment Requests must include:
1. A Progress Report (Attachment A) detailing the activities accomplished since the previous Progress Report
2. An Itemization (Attachment B) of expenditures by budget category
3. A Payment Request Form (Attachment C) signed by the individual named by the resolution. Some
jurisdiction's resolutions included the language "or designee" in addition to naming the signature authority for
the grant. In those instances, the signature authority must send a letter to the CIWMB Grant Manager
indicating who their designee(s) will be.
A Personnel Expenditure Summary(s) (Attachment D) detailing the jurisdiction and consultant staff time spent
on used oil collection programs
5. Documentation supporting all claimed expenditures (e.g., invoices and receipts)
101
Third Cycle Opportunity Grant -
r
A. GENERAL GUIDELINES •
Payment can only be made to the Grantee. It is the responsibility of the Grantee to pay all
contractors for goods and services rendered.
The State will withhold ten percent (10 %) of the total Grant award until all conditions stipulated in the
agreement have been satisfied.
This is a reimbursement grant. However, requests for advance payment may be considered if they
are submitted in writing to the CIWMB Grant Manager. The request must demonstrate the Grantee's
need for advance payment and its ability to expend the funds upon receipt. Suggested
documentation includes items such as purchase orders, bids, etc. Advance payments must be
reconciled before any further payments are processed.
B. BUDGET ITEMIZATION
Payment Requests must include an itemization of all used oil related expenses by the following budget
categories: Curbside Collection; Certified Collection Center(s); Non- certifled Collection Center(s);
Temporary/Mobile Collection; School Education Program(s); Public Education; and Other Costs.
Types of expenses that must be itemized include, but are not limited to: staff time (local government
and contractor(s)); used oil /hauling costs; tanks; testing equipment; permanent/mobile oil collection
events; and public /school education materials. Grantees are encouraged to use the format outlined in the
attached sample itemization.
C. SUPPORTING DOCUMENTATION
Supporting documentation must be included with the Payment Request (i.e., legible copies of receipts, •
invoices, and Personnel Expenditure Summaries (Attachment D). Supporting documents must contain
sufficient information to verify that purchases made or costs incurred are eligible for payment. Purchase
orders will not be accepted as appropriate documentation of expenses.
Personnel expenditures must be computed on actual time spent on grant related activities. This should be
reflected on the attached Personnel Expenditure Summary form or another form approved by the CIWMB
Grant Manager that:
• Records expenditures by the classifications) of the employee(s), source document (e.g., timesheet,
date), date worked, hourly wagelrate (including benefits), number of hours worked, and grant related
tasks performed.
• Totals (hours X rate) the personnel expenses claimed for each task and for each form. Please
complete separate forms for each employee.
• Has been signed by the appropriate supervisor. If the form is submitted for contractor personnel, it
must be signed by a supervisor at the contracted entity and signed by the person whose signature
appears on the Payment Request Form.
D. RELEASE OF FUNDS
The Payment Request must be in the proper format and contain documentation for claimed expenses.
Payment Requests that are not in the proper format or missing documentation will be returned to the Grantee
for correction and resubmission. Payment Requests will be reviewed and approved for payment when the
Grantee has submitted all required Progress Reports and documentation and the CIWMB Grant Manager has •
determined them to be satisfactory. Grantees may expect payment within 45 calendar days from the date a
Payment Request is approved by the CIWMB Grant Manager.
Third Cycle Opportunity Grant - AdminiWtive Procedures and Requirements W p�
MAILING ADDRESS
*d all Progress Reports, Payment Requests, and other correspondence concerning your grant to your CIWMB
rant Manager's attention at:
California Integrated Waste Management Board
Grants and Household Hazardous Waste Section
8800 Cal Center Drive, MS -4
Sacramento, CA 95826
GRANT CLOSURE
The CIWMB Grant Manager will close out the grant when the Final Report and Payment Request are submitted and
she/he determines that all applicable administrative actions and all required tasks of the grant have been completed.
The Final Report must be approved before the Final Payment Request is approved and forwarded to the State
Controller's Office for payment. The ten percent (10 %) retention will be released upon receipt and approval of the
Final Report and Payment Request.
AUDIT REQUIREMENTS
The Grantee agrees that the CIWMB, the State Controller's Office and the State Auditor General's Office, or their
designated representatives, will have an absolute right of access to all of the Grantee's records pertaining to the grant
to conduct reviews and /or audits, including, but not limited to the Grantee's contractors, subcontractors, vendors, and
any entity receiving benefit from the grant funds. These records pertaining to the grant funds will be made available
to the designated auditor(s) upon request for the reviews and /or audits. Such records will be retained for at least three
years after expiration of the agreement, or until completion of the action and resolution of all issues which may
IVe as a result of any litigation, claim, negotiation, or audit, whichever is later.
If an audit reveals the CIWMB funds are not being expended, or have not been expended in accordance with the
agreement, the Grantee may be required to forfeit the unexpended portion of the funds and /or repay the CIWMB for
any improperly expended moneys.
EXCEPTIONS
Any exceptions to these Administrative Procedures must be requested in writing. The request will be reviewed and a
determination made by the Manager of the Used Oil /HHW Branch within ten working days.
0
Third Cycle Opportunity Grant - Administrative Procedures and Requirements Pa e 8
SAMPLE PROGRESS REPORT ATTACHMENT
•
CITY OF GRANTOILLE
CONTRACT NO. UOG3 -95- 123 -45
PROGRESS REPORT
JUNE 30 - NOVEMBER 15, 1996
CERTIFIED COLLECTION CENTERS
Task 1: Provide tank for ABC Auto Parts
ABC Auto Parts has been a certified collection center for two years and is very successful. The amount of
used oil collected by ABC has increased greatly due to a ongoing public education campaign funded
through the City's Block Grant. The increase has led to ABC having to turn DlYers away on occasion due
to a full tank. The City and ABC recognizes the potential negative effects of turning people away who
want to recycle and determined that installing a larger tank.would solve the problem. The City and ABC
requested information on storage tanks and decided on ACME Brand 400 gallon tank. ABC ordered the
tank and expects shipment by December 15. Installation of the tank should occur by January.
This task is 50% complete is anticipated to be finished by January 31.
Task 2: Establish 2 new Certified Collection Centers: •
The City began putting together a list of potential centers from various sources including business license
information, phone books, and trade associations. This task is 20% complete and is on schedule to be
completed by May 1997.
PERMANENT NON - CERTIFIED COLLECTION CENTERS
Task 1: Construct city used oil collection center
This task will begin in March 1997. No changes to this task are anticipated.
PUBLIC EDUCATION
Task 1: Design stickers for collection containers
After obtaining approval from the CIWMB Grant Manager, the stickers have been printed and we are
awaiting shipment of containers. Five copies of the sticker are enclosed. This task is complete.
Task 2 Purchase and distribute collection containers to the public
An order for 7,000 used oil collection containers was placed and should be received by December 10,
1996. Distribution will begin immediately at the city's used oil collection center and
Third Cycle Opportunity Grant - Admitative Procedures and Requirements • pa p c
Oty of Grantoille - Progress Report
June 30 - November 15, 1996
Page 2
also at the Chief Auto Parts and Jiffy Lube certified collection centers. This task is 25% complete and on
schedule to be completed by July 1997.
Task 3: Purchase display banners
This task has not progressed and is now scheduled to be completed by March 1997. As reported to our
CIWMB Grant Manager in July, we had planned to purchase these banners during August; however, the
company we had planned to place the order with suddenly went out of business. We hope to be able to
find another company and place the order by January 1997
Please note that this sample is only to provide a recommended format for the Progress Reports
and demonstrate the type of information that is required. It may be appropriate for Grantees to
provide more information on each task than what has been shown here due to space constraints.
•
•
0
SAMPLE PAYMENT REQUEST ITEMIZATION ATTACHMENT B
CITY OF GRANTOILLE
UOG3 -94- 12345
PAYMENT REQUEST ITEMIZATION
June 30 - November 15, 1996
CERTIFIED COLLECTION CENTER(S)
"Waste Management Specialist 1- 60 hrs. @ $18.50 hr. & 32% benefits $1,465
`Waste Management Specialist II - 20 hrs. @ $22.38 hr. & 32% benefits 591
'Clerical - 24 hrs. @ $13.25 hr. & 32% benefits 420
"Used oil transportation & disposal - 4 pickups @ $50 per pickup 200
Subtotal $2,676
PUBLIC EDUCATION
`Waste Management Specialist I - 32 hrs. @ $18.50 hr. & 32% benefits $ 781
"Printing of stickers for used oil containers - 7,000 @ 35¢ each. 2,450
Subtotal $3,231
TOTAL EXPENSES $5,907
`Copy of Personnel Expenditure Summary Form attached
"Copy of invoice attached, claimed expenses are highlighted
0
•
r1
LJ
;TATE OF CALIFORNIA
iRANT PAYMENT REQUEST
.tWMB 87 (NEW 71951
1
REIMBURSEMENT ❑ ADVANCE ❑ FINAL
+ENCY/ BUSINESS NAME
CALIFORNIA INT *TED WASTE MANAGEMENT BOARD
ATTACHMENT C
SEE INSTRUCTIONS ON BACK
+ENCYI SUSWESS "UNG ADDRESS (INCLUDE STREET, CnY, STATE, LP CODE)
UtK I IhIUA I JUN
:e try that the anove infoRnaGOn is correct and that ad funds rece ved have been orwU be expended in accordance with the approved agreement for
afdomia Integrated Waste Management Board grant lunding.
3NATVRE OF PERSON AUTHORIZED BY RESOLLMON I DATE SIGNED
)UNT OF PAYMENT REQUESTED $
S W RHHOLD OF APPUCAII E AND AUTHORIZED IN GRANT AGREEMENT) $
iER
$
)UNT AUrriORRED FOR PAYMEM I rt
M
0
INSTRUCTIONS FOR COMPLETING FORM
0
•
GRANTEE'S INVOICE NUMBER: Number assigned to payment request form by the Grantee (optional).
GRANT NUMBER ASSIGNED BY CIWMB: Grant contract number assigned by the CIWMB as it appears on the top right
hand comer of the grant agreement.
GRANTEE'S NAME: Agency or business name as it appears on the grant agreement.
SEND WARRANT TO: Agency or business name as it appears on the grantagreement. Subsequent lines are for the contact
person's name and mailing address.
TYPE OF PAYMENT: Check "reimbursement' if this is a regular payment request; check "advance" only if advance payment
request is accompanied by a letter justifying the request (the advance payment request must be approved by the CIWMB
Grogram Manager); check "final" when all tasks have been completed.
CERTIFICATION: Signature of the person authorized in the Resolution/Letter of Authorization included with the grantee's
application. Please also type or print this person's name. title and date of signature.
The following items will be completed by CIWMB staff:
AMOUNT OF PAYMENT REQUESTED: Amount of this payment request.
_ESS WITHHOLD: Withhold amount authorized in the grant agreement. The CIWMB Project Manager will calculate any
vithhold based on the amount of the payment. •
DTHER: Miscellaneous additions or deductions as determined by the CIWMB Project Manager.
AMOUNT AUTHORIZED FOR PAYMENT: Amount authorized by the CIWMB Project Manager for reimbursement on this
3ayment request.
COMMENTS: CIWMB Project Manager's explanation of the miscellaneous additions or deductions of this payment request,
3s well as other comments related to this payment request.
]ATE RECEIVED: Date payment request received by the CIWMB.
:IWMB PROJECT MANAGER APPROVAL: Signature and date of the CIWMB Project Manager's approval of this payment
equest.
:IWMB GRANT PROGRAM MANAGER APPROVAL: Signature and date of the CIWMB Grant Program Manager's approval
J this payment request.
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CONULTANT AGREEMENT
THIS AGREEMENT, entered into this 30th day of September, 1996, by and
between CITY OF NEWPORT BEACH , a Municipal Corporation (hereinafter referred
to as "City "), and AMERICLEAN ENVIRONMENTAL SERVICES, INC., whose
address is 188 Pomona Avenue, Long Beach, California, 90803, (hereinafter referred to
as "Consultant'), is made with reference to the following:
RECITALS
A. City is a Municipal Corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business as
it is now being conducted under the statutes of the State of California and the
Charter of the City.
B. The principal members of the Consultant are Michael Balliet, Louis
Ippolito, Glen Fernandez, and Steven Howe.
C. City has obtained approval for a "Local Government Used Oil
Opportunity Grant -- Third Cycle No. UOG3 -95- 1445 -30 ", hereinafter "Third Cycle
Opportunity Grant," from the State of California Integrated Waste Management
Board Used Oil Grant Program.
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D. City intends to use the services of an independent consulting firm on
a subcontract basis for support and implementation of the grant pursuant to the
provisions of City's contract with the State.
E. Consultant has represented to City that Consultant has the requisite
training, knowledge and facilities to properly perform the required services in a
thorough, competent, professional and workmanlike manner.
F. City desires to engage Consultant to develop, implement, and
manage a used oil recycling program uponthe terms and conditions contained in
this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The Term of this Agreement shall commence on the 30th day of September, 1996,
and shall terminate on the 30th day of June, 1998, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform the tasks set forth in the May 6, 1996 "Revised Budget
Itemizations Local Government Used Oil Opportunity Grant" marked Exhibit "A ", attached
hereto and incorporated herein by this reference.
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3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount and manner set forth in Exhibit "A ", attached hereto and
incorporated herein by this reference.
4. STANDARD OF CARE
All of the work shall be performed by Consultant or under Consultant's supervision.
Consultant represents that it possesses the professional and technical personnel
required to perform the services required by this Agreement and that it will perform all
services in a manner commensurate with the community professional standards. All
services shall be performed by qualified and experienced personnel who are not
employed by City nor have any contractual relationship with City. The Consultant shall be
responsible to City for any errors or omissions in the execution of this Agreement.
Consultant represents and warrants to City that it has or shall obtain all licenses, permits,
qualifications and approvals required of its profession. Consultant further represents and
warrants that it shall keep in effect all such licenses, permits and other approvals during
the term of this Agreement.
5. INDEPENDENT PARTIES
City retains Consultant on an independent contractor basis and Consultant is not
an employee of the City. The manner and means of conducting the work are under the
control of Consultant, except to the extent they are limited by statute, rule or regulation
and the express terms of this Agreement. No civil service status or other right of
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employment with City will be acquired by virtue of Consultant's services. None of the
benefits provided by City to its employees, including, but not limited to, unemployment
insurance, worker's compensation plans, vacation and sick leave, are available from City
to Consultant, its employees or agent. Deductions shall not be made for any state or
federal taxes, FICA payments, PERS payments or other purposes normally associated
with an employer - employee relationship from any fees due Consultant. Payments of the
above items, if required, are the responsibility of Consultant.
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator, and any other agencies which may have jurisdiction or interest in
the work to be performed. City agrees to cooperate with the Consultant on the project.
7. PROJECT MANAGER
The Consultant shall assign the project to a Project Manager, who shall coordinate
all phases of the project. This Project Manager shall be available to the City at all times.
The Consultant has designated Michael Balliet to be its Project Manager.
8. TIME OF PERFORMANCE
The tasks to be performed by Consultant under and pursuant to this Agreement
shall be completed as contemplated by Exhibit "A ". Consultant shall receive no additional
compensation if completion of its obligation under this Agreement requires a time greater
than as set forth on Exhibit "A ". Each party hereby agrees to provide timely notice to the
other of any violation occurring under this Section and the cause thereof.
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9. CITY POLICY
Consultant will discuss and review all matters relating to policy and project
direction with the Project Administrator in advance of all critical decision points in order to
ensure that the project proceeds in a manner consistent with City goals and policies.
10. CONFORMANCE TO APPLICABLE REQUIREMENT
All work prepared by Consultant shall conform to applicable city, county, state and
federal requirements and be subject to approval of the Project Administrator and City
Council.
11. PROGRESS
Consultant is responsible to keep the Project Administrator and/or his /her duly
authorized designee informed on a regular basis regarding the status and progress of the
work, activities performed and planned, and any meetings that have been scheduled or
are desired.
12. HOLD HARMLESS
Consultant agrees to indemnify, defend, save and hold harmless City, its City
Council, boards and commissions, officers and employees from and against any and all
loss, damages, liability, claims, suites, costs and expenses for damages of any nature
whatsoever, including, but not limited to, bodily injury, death, personal injury, property
damages, attorneys fees and court costs arising from any and all negligent actions of
Consultant, its employees, agents or subcontracts in the performance of services or work
conducted or performed pursuant to this Agreement.
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Consultant shall indemnify and hold harmless City, its City Council, boards and
commissions, officers and employees from and against any and all loss, damages,
liability, claims, suits, costs and expenses whatsoever, including reasonable attorneys'
fees, accruing or resulting to any and all persons, firms or corporations furnishing or
supplying work, services, materials, equipment or supplies arising from or in any manner
connected to the Consultant's negligent performance of services or work conducted or
performed pursuant to this Agreement.
13. INSURANCE
_Without limiting consultant's indemnification of City, Consultant shall obtain and
provide and maintain at its own expense during the term of this Agreement policy or
policies of liability insurance of the type and amounts described below and satisfactory to
the City. Such policies shall be signed by a person authorized by that insurer to bind
coverage on its behalf and must be filed with the City prior to exercising any right or
performing any work pursuant to this Agreement. All insurance policies shall add as
insured the City, it selected officials, officers and employees for all liability arising from
Consultant's services as described herein.
Prior to the commencement of any services hereunder, Consultant shall provide to
City certificates of insurance from an insurance company certified to do business in the
State of California, with original endorsements, and copies of policies, if requested by
City, of the following insurance, with Best's Class B or better carriers:
IM
A. Worker's compensation insurance covering all employees and
principals of the Consultant, per the laws of the State of California;
B. Commercial general liability insurance covering third party liability
risks, including without limitation, contractual liability, in a minimum amount of $1
million combined single limit per occurrence for bodily injury, personal injury and
property damage. If commercial general liability insurance or other form with a
general aggregate is used, either the general aggregate shall apply separately to
this project, or the general aggregate limit shall be twice the occurrence limit;
C. Commercial auto liability and property insurance covering any owned
and rented vehicles of Consultant in a minimum amount of $1 million combined
single limit per accident for bodily injury and property damage.
D. Professional errors and omissions insurance which covers the
services to be performed in connection with this Agreement in the minimum
amount of One Million Dollars ($1,000,000.00).
Said policy or policies shall be endorsed to state that coverage shall not be
suspended, voided or canceled by either party, or reduced in coverage or in limits except
after thirty (30) days' prior notice has been given in writing to City. Consultant shall give
to City prompt and timely notice of claim made or suit instituted arising out of Consultant's
operation hereunder. Consultant shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be necessary
for its proper protection and prosecution of the work.
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Consultant agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, that
Consultant shall look solely to its insurance for recovery. Consultant hereby grants to
City, on behalf of any insurer providing comprehensive general and automotive liability
insurance to either Consultant or City with respect to the services of Consultant herein, a
waiver of any right of subrogation which any such insurer of said Consultant may acquire
against City by virtue of the payment of any loss under such insurance.
14. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate or transfer this Agreement or
any interest in this Agreement, directly or indirectly, by operation of law or otherwise
without prior written consent of City. Any attempt to do so without consent of City shall be
null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no
right or interest by reason of an attempted assignment, hypothecation or transfer.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant if Consultant is a partnership or joint venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
construed as an assignment of this Agreement. Control means fifty percent (50 %) or
more of the voting power, or twenty-five percent (25 %) or more of the assets of the
corporation, partnership or joint venture.
15. REPORTS
Each and every report, draft, work product, map, record and other document
reproduces, prepared or caused to be prepared by Consultant pursuant to or in
connection with this Agreement shall be the exclusive property of City, and shall be
turned over to City upon termination of this Agreement or completion of the Project.
No report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
Consultant shall, at such time and in such forms as City may require, furnish
reports concerning the status of services required under this Agreement.
16. CONFIDENTIALITY
The information which results from the services in this Agreement is to be kept
confidential unless the release of information is authorized by the City.
17. CITY'S RESPONSIBILITIES
City shall furnish to Consultant base, maps, existing studies, ordinances, data and
other existing information as shall be requested by Consultant and materials in City's
possession necessary for Consultant to complete the work contemplated by this
Agreement. City further agrees to provide all such materials in a timely manner so as not
to cause delays in Consultant's work schedule.
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18. ADMINISTRATION
This Agreement will be administered by the General Services Department. The
General Services Director or his /her designees shall be considered the Project
Administrator and shall have the authority act for the City under this Agreement. The
Project Administrator or his /her authorized representative shall represent the City in all
matters pertaining to the services to be rendered pursuant to this Agreement.
19. EXTRA WORK
All extra work must be authorized in writing by the Project Administrator and
Consultant shall not be entitled to extra compensation without authorization. Consultant
shall receive compensation for extra work only when authorized and paid in advance by
the State.
20. RECORDS
Consultant shall keep records and invoices in connection with its work to be
performed under this Agreement. Consultant shall maintain complete and accurate
records with respect to the costs incurred under this Agreement. All such records shall be
clearly identifiable. Consultant shall allow a representative of City during normal business
hours to examine, audit and make transcripts or copies of such records. Consultant shall
allow inspection of all work, data, documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
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y i •
21. REIMBURSEMENT FOR EXPENSES
Consultant shall not be reimbursed for any expenses unless authorized in writing
by City, and only after City is reimbursed by State..
22. MONTHLY INVOICES
Consultant shall submit invoices to the City on a monthly basis in accordance with
Consultant's schedule of fees contained in Exhibit "A" hereof. Each invoice will be
itemized and reported pursuant to and on such form provided by the State Administrative
Procedures and Requirements for the Third Cycle Opportunity Grant. Each invoice shall
show the number of hours worked per person /consultant and the nature of the work
performed.
23. PAYMENT OF COMPENSATION
Payment of compensation is contingent upon and will be paid upon receipt of
funds from the State under the Third Cycle Opportunity Grant.
24. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to constitute a
failure to pay according to the terms of this Agreement. Consultant shall not discontinue
its work for a period of thirty (30) days from the date of withholding as a result of such
withholding. Consultant shall have an immediate right to appeal to the City Manager or
his designee with respect to such disputed sums. The determination of the City Manager
with respect to such matter shall be final. Consultant shall be entitled to receive interest
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on any withheld sums at the rate of seven percent (7 %) per annum from the date of
withholding of any amounts found to have been improperly withheld.
25. ERRORS AND OMISSIONS
If the Project Administrator determines that the Consultant's negligence, errors or
omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such negligence, errors or
omissions in the plans or contract specifications, Consultant shall reimburse City for the
additional expenses incurred by the City including engineering, construction and /or
restoration expense.
26. NONDISCRIMINATION BY CONSULTANT
Consultant represents and agrees that Consultant, its affiliates, subsidiaries or
holding companies do not and will not discriminate against any subcontractor, consultant,
employee or applicable for employment because of race, religion, color, sex, handicap or
national origin. Such nondiscrimination shall include, but not be limited to, the following:
employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff,
termination, rates of pay or other forms of compensation and selection for training,
including apprenticeship.
27. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other consultants in connection with this project.
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28. CONFLICTS OF INTEREST
A. The Consultant or its employees may be subject to the provisions of
the California Political Reform Act of 1974 (the "Act'), which (1) requires such
persons to disclose financial interest that may foreseeable be materially affected
by the work performed under this Agreement, and (2) prohibits such persons from
making, or participating in making, decisions that will foreseeable financially affect
such interest.
B. If subject to the Act, Consultant shall conform to all requirements of
the Act. Failure to do so constitutes a material breach and is grounds for
termination of this Agreement by the City. The Consultant shall indemnify and hold
harmless the City for any claims for damages resulting from the Consultants
violation of this Section.
29. SUBCONTRACTING
A. Consultant shall not subcontract any portion of the work required by
this Agreement, except as expressly stated herein, without prior approval of City.
B. Subcontracts, if any, shall contain a provision making them subject to
all provisions stipulated in this Agreement.
30. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
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personally or on the second business day after the deposit thereof in the United States
mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests or approvals from Consultant to City shall be
addressed to City at:
City of Newport Beach
3300 Newport Boulevard
P. O. Box 1768
Newport Beach, CA, 92659 -1768
Attention: General Services Director
All notices, demands, requests or approvals from City to Consultant shall be
addressed to Consultant at:
Americlean Environmental Services, Inc.
188 Pomona Avenue
Long Beach, CA, 90803
Attention: Michael Balliet, Project Manager
31. TERMINATION
In the event Consultant hereto fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be.deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) days, or if more than two (2) days are reasonably required to cure the default
and Consultant fails to give adequate assurance of due performance within two (2) days
after receipt by Consultant from City of written notice of default, specifying the nature of
such default and the steps necessary to cure such default, City may terminate the
Agreement forthwith by giving to the Consultant written notice thereof.
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City shall have the option, at its sole discretion and without cause, of terminating
this Agreement without cause by giving seven (7) days' prior written notice to Consultant
as provided herein. Upon termination of this Agreement, each party shall pay to the other
party that portion of compensation specified in this Agreement that is earned and unpaid
prior to the effective date of termination.
32. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by
reason for an alleged breach of any provisions of this Agreement, the prevailing party
shall be entitled to receive from the losing party all costs and expenses in such amount as
the court may adjudge to be reasonable attorneys' fees.
33. COMPLIANCES
Consultant shall comply with all laws, state or federal and all ordinances, rules and
regulations enacted or issued by City.
34. WAIVER
A waiver by City of any breach of any term, covenant or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other
term, covenant or condition contained herein whether of the same or a different character.
35. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
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implied covenant shall be held to vary the provisions hereon. Any modification of this
Agreement will be effective only by written execution signed by both City and Consultant.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the day and year first written above.
ATTEST:
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I
G&-A,^f_, /� �J 'f"k0e,
CITY CLERK
• - - -OVED AS TO FORM:
F Acat\debbie\aglameride.doc
09 -12 -96
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CITY OF NEWPORT BEACH
A Municipal Corporation
By: �
Mayor John W. Hedges
CONSULTANT