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2002-066RESOLUTION NO. 2002R- 66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING ANNUAL SUBMITTAL OF AN APPLICATION FOR AND ACCEPTANCE OF A GRANT FROM THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A USED OIL AND HOUSEHOLD HAZARDOUS WASTE RECYCLING PROGRAM FOR FISCAL YEARS 2002/2003 THROUGH 2004/2005 AND AUTHORIZING THE FIRE CHIEF TO TAKE ANY AND ALL ACTIONS NECESSARY TO IMPLEMENT THE PROGRAM WHEREAS, the People of the State of California have enacted the California Oil Recycling Enhancement Act of 1991 that provides funds to cities and counties for establishing and maintaining local used oil management programs that encourage recycling or appropriate disposal of household hazardous waste including used oil; and WHEREAS, the California Integrated Waste Management Board (Board) has been delegated the responsibility for the administration of the Used Oil Recycling Block Grants within the state, including setting up necessary procedures governing applications by cities and counties for grants; and WHEREAS, the procedures established by the Board require an applicant to certify, by resolution, approval of an application prior to submittal of such application to the state; and, WHEREAS, the City wishes to submit annual applications for fiscal years 2002/2003 through 2004/2005 for grants from and enter into related agreements with the State of California for enhancement of its Used Oil and Household Hazardous Waste Recycling Program (Program) for the City of Anaheim. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim as follows: 1. Submittal of an annual grant application by the City to the California Integrated Waste Management Board for a Used Oil Recycling Block Grant covering three fiscal years beginning with fiscal year 2002/2003 through and including fiscal year 2004/2005 is hereby authorized and approved. 2. Acceptance by the City of a Used Oil Recycling Block Grant from the California Integrated Waste Management Board in the approximate annual amount of One Hundred Fifty Two Thousand, Nine Hundred Seventy Dollars ($152,970.00) for each of the three fiscal years commencing with fiscal year 2002/2003 through and including fiscal year 2004/2005 is hereby authorized and approved, consistent with the terms and conditions set forth in the attached Standard Agreement, incorporated herein by this reference. 3. The Fire Chief is hereby authorized and empowered, on behalf of the City of Anaheim, to execute any documents and to take any and all actions necessary for the purpose of securing Used Oil Recycling Block Grant Funds as set forth hereinabove and for the purpose of implementing the Program. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim thislgthday of March , 2002. MAY~ OF TH~M ATTEST: CI THE CITY OF ANAHEIM 32563.5 The California Integrated Waste Management Board (Board) conditioned award of this Grant upon the return of this executed Agreement and its required materials within ninety (90) days from the date of mailing of the Agreement by the Board. The Grantee may not receive this Grant if Grantee fails to comply with this condition. USED OIL RECYCLING BLOCK GRANT EXHIBIT A TERMS AND CONDITIONS Definitions: The following terms used in this Agreement have the meanings given to them below, unless the context clearly indicates otherwise. a. "Board" means the California Integrated Waste Management Board. b. "Executive Director" means the Executive Director of the Board, or his or her designee. c. "State" means the State of California, including, but not limited to, the Board and/or its designated officer. d. "Grant Manager" means the Board staff person responsible for monitoring the grant. e. "Grantee" means the recipient of funds pursuant to this Agreement. Availability of Funds: The Board's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for the grant. Payment: a. Upon execution of this Agreement by both parties, the Board may advance grant funds to the Grantee provided that the Grantee, in the sole discretion of the Executive Director, has satisfactorily complied with the applicable requirements contained in this Grant Agreement Package and all Used Oil Recycling Block Grant Agreement requirements of previous grant cycles. Advancement of funds is conditional upon full repayment of all outstanding block grant funds owed to the Board. b. All expenditures must be directly related to the establishment, maintenance, or er~hancement of local or regional used oil collection programs. c. Upon receipt of grant funds, the Grantee shall deposit and maintain until expended all grant funds in an interest bearing account in a fully insured financial institution. All interest accrued and received from this account must be used for eligible expenses related to the performance of this Agreement. Interest funds must be accounted for in all grant reports. Ail unused interest funds must be returned to the Board at the end of the grant term. Stop Work Notice: Immediately upon receipt of a written notice to stop work, the Grantee shall cease all work under this Agreement. Disputes: a. Notwithstanding Section 4 hereof, the Grantee shall continue with the responsibilities under this Agreement during any dispute. b. If the Grantee and the Executive Director fail to agree on a matter relating to this Agreement, the Board shall, upon the request of the Grantee or the Executive Director, consider and make a determination regarding the matter. c. Notwithstanding Section 5(b) hereof, the Grantee shall have no right to request that the Board make any determination regarding any matter committed by this Agreement to the sole discretion of the Executive Director. Version 7/01 Chapter 2- Exhibit A- Page I UBG7 13. 14. 15. 16. 17. 18. Confidentiality/Public Records: The Grantee and the Board acknowledge that each party may come into possession of information and/or data that 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, Chapter 3.5 of Division 7 of Title 1 of the California Government Code (commencing with 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, but only to the extent that such information or data is exempt from disclosure under the California Public Records Act. Ownership of Drawinqs, Plans, and Specifications: The Board shall have separate and independent ownership of all drawings, design plans, specifications, notebooks, tracings, photographs, negatives, reports, findings, recommendations, data, software, and memoranda of every description or any part thereof, paid for in whole or in any part with grant funds. Copies thereof shall be delivered to the Board upon request. The Board shall have the full right to use said copies in any manner when and where it may determine without any claim on the part of the Grantee, its vendors, contractors or subcontractors to additional compensation. Copyri.qhts and Trademarks: a. The Grantee assigns to the Board any and all rights, title and interests to any copyrightable material or trademarkable material created or developed in whole or in any part as a result of this Agreement, including the right to register for copyright or trademark of such materials. The Grantee shall require that its contractors and subcontractors agree that all such materials shall be the property of the Board. Upon written request by the Grantee, the Board may give at the Executive Director's s01e discretion, written consent to the Grantee to retain all or any part of the ownership of these rights. b. The Board hereby grants to the Grantee a royalty-free, nonexclusive, nontransferable license to reproduce, translate, and distribute copies of the materials produced pursuant to this Agreement, for nonprofit purposes, and to have or permit others to do so on the Grantee's behalf. Patents: The Grantee assigns to the Board all rights, titles, 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 Agreement or with the use of any grant funds. Upon written request by the Grantee, the Board may give, at the Executive Director's sole discretion, written consent to the Grantee to retain all or any part of the ownership of these rights. Real and Personal Property Acquired with Grant Funds: a. All real and personal property, including equipment and supplies, acquired with grant funds shall be used by the Grantee only for the purposes for which the Board approved their acquisition for so long as such property is needed for such purposes, regardless of whether the Grantee continues to receive grant funds from the Board for such purposes. b. Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the Grantee. Grantee's Waiver of Claims and Recourse Aqainst the State: The Grantee agrees to waive all claims and recourse against the State, its officials, officers, agents, employees, and servants, including, but not limited to, the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure or condition created pursuant to, or as a result of, this Agreement. Version 7/00 Chapter 2 - Exhibit A - Page 3 26. 27. 28. 29. 30. 31. Americans With Disabilities Act: The Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) DruQ-Free Workplace Certification: a. By signing this Agreement, the Grantee certifies under penalty of perjury to be in compliance with California Government Code Section 8355 in matters relating to providing a drug-free workplace. The person signing this Agreement on behalf of the Grantee swears that he or 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. b. As required by California Government Code Section 8355, the Grantee agrees to: (1) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. (2) Establish a drug-free awareness program 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. (3) Require that each employee who works on the grant: (a) receive a copy of the drug-flee policy statement of the Grantee, and (b) agree to abide by the terms of such statement as a condition of employment on the grant. National Labor Relations Board Certification: By signing this Agreement, the Grantee certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Grantee within the immediately preceding two-year pedod because of the Grantee's failure to comply with an order of a federal court which orders the Grantee to comply with an order of the National Labor Relations Board. (Not applicable to public entities.) Child Support Compliance Act: For any agreement in excess of $100,000, the Grantee acknowledges that: a. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. Air or Water Pollution Violation: Under the State laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. Conflict of Interest: The Grantee needs to be aware of the following provisions regarding current or former state employees. If the Grantee has any questions on the status of any person rendering services or involved with this Agreement, the Board must be contacted immediately for clarification. Version 7/00 Chapter 2 - Exhibit A - Page 5 37. 38. 39. 40. 41. 42. Force Majeure: Neither the Board nor the Grantee, its contractors, vendors or subcontractors, if any, shall be responsible hereunder for any delay, default or nonperformance of this Agreement, to the extent that such delay, default or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage or flood, or other contingencies unforeseen by the Board or the Grantee, its contractors, vendors or subcontractors and beyond the reasonable control of such party. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. Time is of the essence: Time is of the essence of this Agreement. Unenforceable Provision: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. Communications: All communications from the Grantee to the Board shall be directed to the Grantee's assigned Grant Manager, California Integrated Waste Management Board, Used Oil Grant Program, 1001 "1" Street - MS 21, PO Box 4025, Sacramento, CA 95812-4025. Ail notices required by this Agreement shall be given in writing and sent by prepaid mail, by personal delivery or by FAX followed by prepaid mail or personal delivery. Entire A,qreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties. Version 7/00 Chapter 2 - Exhibit A - Page 7 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2002R-66 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 19th day of March, 2002, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Feldhaus, Tait, Kdng, McCracken, Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None ~;ITY CLEI~K OF ~I'HE CITY OF ANAHEIM (SEAL)