Resolution 12618CITY 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.
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FORM B - Criteria Explanation
GENERAL CRITERIA - Please explain how the proposed project satisfies the General Criteria, and
also the Category - Specific Criteria:
The quantity of used tires that may be diverted from landfills in California.
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
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Terms and Conditions December 6, 1994 t5
CD Cr'
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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