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Resolution 12617CITY OF ALAMEDA RESOLUTION NO. 12617 DESIGNATING THE PUBLIC WORKS DIRECTOR AND CITY MANAGER TO ACT AS AGENTS ON BEHALF OF THE CITY OF ALAMEDA TO THE STATE OFFICE OF EMERGENCY SERVICES AND FEDERAL EMERGENCY MANAGEMENT AGENCY FOR ALL MATTERS PERTAINING TO FEDERAL DISASTER ASSISTANCE FOR WINTER STORMS 1995 BE IT RESOLVED by the Council of the City of Alameda that William C. Norton, City Manager or Robert L. Warnick, Public Works Director, is hereby authorized to execute for and on behalf — of the City of Alameda, a public entity established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 288, 93rd Congress as amended by the Robert T. Stafford Disaster relief and Emergency Assistance Act of 1988, and/or state financial assistance under the Natural Disaster Assistance Act for Winter Storms 1995, which occurred in January of 1995. That the City of Alameda, a public entity established under the laws of the State of California, hereby authorizes its agents to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 21st day of February , 1995 by the following vote to wit: AYES: Councilmembers Arnerich, DeWitt, Lucas, Mannix and President Appezzato - 5. NOES: None. ABSENT: None, ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of February , 1995. Diane B. Felsch, City Clerk City of Alameda CITY OF ALAMEDA RESOLUTION NO. 12618 AUTHORIZING AN APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA TIRE RECYCLING MANAGEMENT FUND AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE ALL REQUIRED CONTRACTS AND DOCUMENTS WHEREAS, the people of the State of California have enacted the California Tire Recycling Act which provides funds to the State of California, its political subdivisions, and individuals, for tire-related recycling projects and processes; and WHEREAS, the California Integrated Waste Management Board ("the Board") has been delegated responsibility for administration of the program within the state, setting up necessary procedures governing application by cities under the program; and WHEREAS, said procedures established by the Board require the applicant to certify by resolution the approval of application before submission of said application to the State; and WHEREAS, the City of Alameda will enter into an agreement with the State of California for development of the project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda as follows: 1. That the application to the California Tire Recycling Management Fund under the California Tire Recycling Act of 1990 for \J state grant assistance for the project in Exhibit "A" attached hereto be approved as written; and 2. That the grant application be forwarded to the Board for consideration; and 3. The City understands the assurances and certification in the Terms and Conditions in Exhibit "B" attached hereto, and has or will have sufficient funds to operate and maintain the project; and 4. That the Public Works Director be appointed as agent of the City of Alameda and be authorized to conduct all negotiations, and to execute and submit all contracts and documents which may be necessary for completion of the project. STATE.OF CALIFORNIA 'CIWMB Form #211 California Tire Recycling Grant Program Grant Application . 1. Applicant information (List as attachment, if additional space is needed) APPLICANT Name City of Alameda Recycling Program Mailing Address 2411 Santa Clara Avenue, Room 40 City /County /Zip Code Alameda, Alameda County, 94501 Position/Title Robert L. Warni ck , Pub?.' r; 'Works Di rec ,c, Telephone Number ( 510) 748 -4652 Federal Identification Number 94-6000288 Applicant is: Funds Requested: Application Category (Check One Only): Position/Title A Private Entity Grant Funding of $ 4,688 Contract Number Innovative Research X A Public Agency, Non - profit Organization', or Local Government Project Title: ReTi re Your Ti res in Alameda Business Development A joint powers agency doing business under a cooperative agreement' x Local Government Programs 2. Operator and Sub-contractor(s) Information (List as attachment if additional space is needed) OPERATOR SUB - CONTRACTOR Name Oxford Tire Recycling Name Address P 0 Box 969 Address City /County/Zip Code Westley, CA 95387 -0969 Stanislaus County City /Countyrz;p Code - Position/Title Karen Llewellvn, DisDatch_er Position/Title Telephone Number ( 209) 89 4- 3445 Telephone Number Contract Number Contract Number 3. Funding Information (The sum of Grant funds plus other contributions must equal the Total Project Cost) IITotal Project Cost $ 6,548 Source and Amount of Other Funding Applicant's Contribution $ 1,860 S 0 Sum of Other Funding Sources (listed at right) S 0 5 Grant Funds Requested $ 4 , 688 Total Other Funding S 0 EXHIBIT A 4. Project Description (A concise summary: Who; What; When; Where; How, and; Why) The City of Alameda requests $4,688 in order to hold two weekend tire dropoff events during Fiscal Year 1995 -96. The event will be billed as "ReTire Your Tires in Alameda ", an environmentally sound way of disposing used tires. Collectin vehicles and transportation will be supplied by Oxford Tire Recycling. Labor will be supplied by the East Bay Conservation Corps. Direct mail and netsnaper advertising will be used to promote the program and educate the public. The City will provide staff time for planning and administration, and will pay printing costs for the direct mailing. Required Supplements to the Grant Application Sequence Required Document 1. Work Statement organized as follows: a. Statement of Need - • Explanation of need for technology /process • Explanation of benefits to California society b. Objectives - • Details of the proposed project and how it will be accomplished • Details of prospects for commercial application • Explanation of how eligibility criteria is satisfied c. Sub -Tasks - • Details on intermediate tasks that support the project d. Work Schedule - • When will the proposed project begin • What events or issues impact the successful initiation and /or completion of the proposed project? 2. Proposed Budget detailing use of grant funds (See Attachment "E ") 3. Resolution or other authorizing document (See Attachment "C ") 4. Current Resume on Applicant, Organization and Principal Contractors (as applicable) 5. Business Plan (for new business, business expansion, or modification), if applicable 6. Copies of all required permits, licenses and authorization documents (as appropriate) 7. Proof of facility availability for at least five (5) years (if application requires use of a processing facility) 6. Certification2 °1 certify that this document and all attachments thereto were prepared under my direction or supervision. I have inquired of the person or persons who were directly responsible for gathering the information, and hereby certify under the penalty of perjury that the information submitted is, to the best of my knowledge and belief, true, accurate and complete. Applicant - Authorized Signature Cate Type or Print Robert L. Warnick, Public Works Co- Applicant - Authorized Signature Type or Print Date hotels): Director 1. If applicant is a local agency, business or non- profit organization a certified copy of a resolution or other authorizing document from the governing body (as applicable) to enter into contractual agreement with the State of California must accompany the application. 2. Each member of a Joint Powers Agency or cooperative agreement between multiple jurisdictions participating in a single project must sign the application and submit separate resolutions or equivalent documents. 0 LL 0 E 0 0 0 03 > 0. !Mr Lk 41r, ■I•M 2 1::• October 1995 0 0 0) >.— Lc, 0 U) Llt 0 uJ *S. 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Based on Alameda `s nrevi nlis extieri ence and nnnl lati , with additional advert i s i no we will probably divert about 1,500 tires, or approximately 25 tons. 8. The estimated cost per tire for recycling, processing, or conversion. Oxford's cost is 21.10 per passenger or light truck tire. any S .50 per farce truck tire. Cost for the traler is S640 per event (27' trailer). Labor Cgs ';1'.ii be 2504 per weekenc. C. The availability (or development) of markets for recycled tire product(s), e.g., retreads, in California. According to Oxford Tire Recycling— markets for retread tires seem to be readily available. D. The avoidance or mitigation of adverse environmental effects in California. As an island community with many shoreline barks and wildlife refuges, Alameda is anxious to avoid having tires dumped in marshlands or estuaries. This program will make it easier for the public to dispose of tires responsibly. The compatibility of the proposed project with existing or proposed solid waste management activities in the geographic area that the project would serve in. California. The Alameda County Integrated Waste Manaaement Plan supports salvaae and reuse businesses such as tire recyclers, and encourages member agencies like Alameda to set up dropcff sites for tires. F. The demonstrated likelihood that the proposed project will result in new, or improve an existing, technology, method or process for the use of California waste tires. N/A G. The prospect for the project to be financially self- sufficient after applying grant funds. The City may he able to hoed more limited tire recycling events in the future. H. The applicant's demonstration of the ability to carry out the proposed project and the project's likelihood of success, including: 1 Technical resources 2. Experience with similar projects, and 3. Existing management structure and expertise The Alameda Recycling Program has held two tire dropoff collection days with help • • April and October 1994. These events went very well, and were moderately well attended. Form B - Criteria Explanation - Continued The probability that the project can be implemented and completed with grant funds from the Board and other sources. The probability is excellent. J. The ability of the applicant to demonstrate that the proposed research, processing system, equipment, technique or business development is both technically and economically feasible, and will benefit California society. K. If the application proposes to make use of a processing facility, the applicant must show proof that the property or facility will be available for five (5) years. t3cil;`v will be available in 5 years, Whi o rannp+ njj ' ntoc +ha+ they certainly hope it will be. +hoir CATEGORY - SPECIFIC CRITERIA for Local Government Programs: A. Proposal demonstrates an innovative cooperative between local government and business enterprise. The relationship between Alameda and Oxford is not Pxartly "innnvativP ", "lit it has been mutually satisfactory and beneficial. B. Proposal demonstrates that tires cleaned up or collected will be properly recycled or combusted. Ali tires will be brought to Oxford's Westiev facility for sorting and proper aisposition (reuse or incineration). C. Proposal expands existing programs. Alameda has held two tire collection events in the past year, and would like to continue with better advertising and public education. D. Proposal has a strong public education component that emphasizes the proper disposal sites and processes for tires. Flyers will be distributed with all garbage bills, announcing the collection dates and emphasizing the need for proper disposal and recycling of used tires. Newspaper ads will reinforce this essage_ as will inforrnatinnal ma-tarials hand d nut At the dropoff events. The California Tire Recycling Applicant: Management Fund Contract Number: Grant Agreement Page 3 of 16 1. Terms and Conditions Purpose. The purpose of this acreement is to establish the terms and conditions of the California Tire Recycling !Management Fund (Tire Fund) Grant. Definitions. In interpreting this acreement, 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 and /or 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 agreement to conduct reviews and /or audits. Grantee's records pertaining to the agreement, or any part thereof requested, will be made available to the designated auditor(s) upon request for the indicated reviews and /or audits. Such records will be retained for at least three (3) years after 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. The Board will have the right to review the Grantee's records for the specific purpose of verifying compliance with the Minority, Women Business and Disabled Veterans Enterprise requirements set out in California Government Code Section 10015 et seq. and Title 22, California Code of Regulations, sections 1896.60 et seq. Terms and Conditions December 6, 1994 EXHIBIT B The California Tire Recycling Applicant: Management Fund Contract Number: Grant Agreement Page 4 of 16 If an audit reveals the State funds are not being expended, or have not been expended in accordance with the agreement, the Grantee may be required to forfeit to unexpended portion of the funds and /or repay the State for any improperly expended monies. Drua -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. National Labor Relations Board Certification. The Grantee, by signing this agreement, swears under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal court has been issued against the Grantee within the immediately preceding two -year period because of the Grantee's failure to comply with an order of a Federal court which orders the Grantee to comply with an order of the National Labor Relations Board. Terms and Conditions December 6, 19294 The California Tire Recycling Applicant: Management Fund Contract Number: Grant Agreement Page 5 of 16 Statement of Compliance. The Grantee's signature affixed hereon will constitute a certification under penalty of perjury under the laws of the State of California that the Grantee has, unless exempted, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Code of Regulations, Section 8103. Availability of Funds. The State'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 State 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 State within ten (10) working days of the discovery of need for revision. Entire Agreement. This agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with the Attachments hereto, contains the entire agreement of the parties. Communications. All official communication from the Grantee to the State will be directed to the Tire Fund Grant Program Manager, Markets, Research and Technology Division, California 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. Confidentiality /Public Records. The Grantee and the State 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 State 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 State, only to the extent that such information or data is exempt from disclosure under the California' Public Records Act. Terms and Conditions December 6, 1994 The California Tire Recycling Management Fund Grant Agreement Applicant: Contract Number: Page 6 of 16 Publicity and Acknowledgement. The Grantee agrees that it will acknowledge the-j i Board's support whenever projects funded, in whole or in part, by this agreement ark publicized in any news media, brochures, or other type of promotional material. :".7"-Q, E Successors and Assigns. The provisions of the agreement will be binding upon an 0 inure to the benefit of the State and the Grantee and their respective successors ands N `_ CDCD J {L assigns. 5- , 0. 7r r - t� < to Discretionary Termination or Assignment of Agreement. The State will have the right"' c, to terminate this agreement at its sole discretion at any time upon 30 days' written Zs-7; 0 _ 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 N ' to termination, and a written report describing all work performed by the Grantee to date of termination. CD --a ft U Stop Work Notice. Immediately, upon receipt of a written notice to stop work, the Grantee will cease all work under the agreement. = a� .va Disputes. If for any reason the Grantee and the Executive Director cannot reach CD Z. mutual agreement, the Grantee may refer the dispute to the Board for final resolution. c, 0- 11 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 _.S4 o• 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. 0 0 o Severability. If any provisions of this agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this agreement r without affecting any other provision of the agreement. To the full extent, however, o s �a � v that the provisions of such applicable law may be waived, they are hereby waived, to Es the end that the agreement be deemed to be a valid and binding agreement Q enforceable in accordance with its terms. �. CV Force Majeure. Neither the State nor the Grantee, including the Grantee s contractor(s), if any, will 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 any other cause beyond the y ;D reasonable control of such party. 0 = s c. acct _C) -o ) (_Sa) Terms and Conditions December 6, 1994 t5 CD Cr' 0. The California Tire Recycling Applicant: Management Fund Contract Number: Grant Agreement Page 7 of 16 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. Eauioment 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 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 State funds. Compliance. The Grantee shall comply fully with all applicable federal, state and local laws, ordinances, regulations and permits. The Grantee shall secure any new permits required by authorities having jurisdiction over the project, and shall maintain all presently required permits. The Grantee shall ensure that the requirements of the California Environmental Quality Act are met for any permits or other entitlements required to carry out the terms of this agreement. 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. A. Worker's Compensation Insurance in accordance with the statutory requirements of the State where the work is performed. B. Comprehensive personal injury liability insurance, including coverage for owned, hired and non -owned automobiles. C. Comprehensive property damage liability insurance, including coverage for owned, hired and non -owned automobiles. D. Equipment and motor _ vehicle coverage at a level sufficient for replacement of property acquired under this agreement. E. Insurance coverage required for program implementation pursuant to Title 22, California Code of Regulations (CCR), Section 66264.147. Terms and Conditions December 6, 1994 The California Tire Recycling Applicant: Management Fund Contract Number: Grant Agreement Page 8 of 16 The Grantee promises that the Board shall receive advance notification of any insurance policy cancellation or substantial change to a policy. Public entities which are self-insured shall submit a letter to the Board to that effect, which also confirms the minimum coverage outlined above. 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. B. Grantee agrees to indemnify, hold harmless and defend State, its officers, agents and employees against any and all claims demands, damages, costs, expenses or liability costs arising out of the activities undertaken pursuant to this grant agreement. Nondiscrimination Clause A. 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. B. Grantee will comply with the provisions of the Fair Employment and Housing Act (Government code, Section 12900 et seq.), the regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285.0 et seq.), 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. C. Grantee, contractor and its subcontractors will give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Terms and Conditions December 6, 1994 The California Tire Recycling Applicant: Management Fund Contract Number: Grant Agreement Page 9 of 16 D. Grantee will include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the grant. Terms and Conditions December 6, 1994 I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 21st day of February , 1995, by the following vote to wit: AYES: Councilmembers Arneri'ch., DeWitt, Lucas, Mannix and President Appezzato - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of February , 1995. Diane c. Felsch, City Clerk City of Alameda