HomeMy WebLinkAbout05.E- Fire 5.E
RESOLUTION (ID # 3808) DOC ID: 3808 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Grant
From: Lawrence Waterhouse M/CC Meeting Date: 05/04/2015
Prepared by: Norma Camarena, (909)
384-5286
Dept: Fire Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying
the Submittal of the 2014/2015 California Environmental Protection Agency Grant
Application in the Amount of $24,500 and Authorizing the Fire Department to Accept
and Administer the Grant. (#3808)
Current Business Registration Certificate: Not Applicable
Financial Impact:
The City has been awarded the 2014/2015 California Environmental Protection Agency
(CALEPA) grant#EETAG1404 in the amount of $24,500, which there is no cost share
or matching funds required. Funding is allowed for fire personnel costs, education
expenses, and equipment. There will be no impact to the City's General Fund.
Account Budgeted Amount: $24,500
Account Number: 123-200-0044-xxxx
Account Description: CALEPA Grant Account
Balance (as of April 23, 2015): $0
Balance (after approval of this item): $0
Please note this balance does not indicate available funding. It does not include non-
encumbered reoccurring expenses or expenses incurred, but not yet processed.
There is a need that an account number be established to recognize the expenditures
and the grant revenue from this application. This will allow the Finance Department to
process payments and charge back personnel costs to the agency/grant.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
03/03/14 Resolution #2014-45 ratifying the submittal of the 2013/2014 grant
applications to the California Environmental Protection Agency in the
amount of $40,000 and authorizing the Fire Department to accept and
administer the grants.
09/20/10 Resolution #2010-310 authorizing the Fire Department to apply for and
administer the 2010 Environmental Enforcement and Training Grant
application to be submitted to the California Environmental Protection
Agency.
Updated: 4/29/2015 by Georgeann "Gigi" Hanna B Packet Pg. 59
5.E
3808
03/02/09 Resolution #2009-38 ratifying the submittal of a grant application to the
California Environmental Protection Agency in the amount of $20,000 and
authorizing the Fire Department to administer the grant.
Background:
The City of San Bernardino Fire Department applied for the 2014/2015 California
Environmental Protection Agency (CALEPA) grant which is funded by the State of
California. The CALEPA is charged with developing, implementing and enforcing the
state's environmental protection laws that ensure clean air, clean water, clean soil, safe
pesticides and waste recycling and reduction. CALEPA established the Environmental
Enforcement and Training Grant Program as authorized by Penal Code sections 14300
et seq. and Title 27, Section 10011 of the California Code of Regulations. The program
provides financial assistance for environmental enforcement, investigation and training
programs that enhance statewide enforcement of environmental laws.
On December 18, 2014, CALEPA representative notified Fire staff that the City was
approved to receive grant funds in the amount of $24,500 based on the grant
application submitted in September 2014 and signing the formal grant agreement.
Funding is to support the Hazardous Materials Investigation Unit for environmental
enforcement equipment, personnel costs, and travel expenses as it relates to
environmental enforcement training of investigators. CALEPA will start the process to
disburse a check to the City for the full amount upon receipt of the approved grant
agreement.
On April 22, 2015, the Fire Department attended the Ways and Means Committee to
discuss the submittal and acceptance of the 2014/2015 CALEPA grant application. The
Committee recommended that the grant be submitted to the Mayor and Common
Council to approve the acceptance of the grant.
Fire is requesting that the Mayor and Council ratify the submittal of the grant application
and authorize the Fire Department to accept and administer the grant (Exhibit A). There
is no cost-share or match requirement associated with the CALEPA grant.
City Attorney Review:
Supporting Documents:
RESOLUTION TEMPLATE 1 (DOC)
2014-2015 CALEPA Grant-Exhibit A (PDF)
Updated: 4/29/2015 by Georgeann "Gigi" Hanna B Packet Pg. 60
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING THE SUBMITTAL OF THE 2014/2015
3 CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY GRANT
4 APPLICATION IN THE AMOUNT OF $24,500 AND AUTHORIZING THE FIRE
DEPARTMENT TO ACCEPT AND ADMINISTER THE GRANT.
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6 WHEREAS, in order to comply with the September 30, 2014, application deadline, v
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7 the City of San Bernardino Fire Department submitted the 2014/2015 grant application for
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the California Environmental Protection Agency (CALEPA) Environmental Enforcement and N
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10 Training Account Grant Program; N
NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON
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COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: a
13 SECTION 1. The Fire Chief's submittal of the CALEPA grant application for the a
14 2014/2015 Environmental Enforcement and Training Account Grant Program in the amount Q
15 of $24,500 is hereby ratified. A copy of the application is attached as Exhibit "A" and
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incorporated herein by reference; o
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SECTION 2. The Fire Chief, or his designee, is hereby authorized to sign the V-
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19 agreement, accept and administer the 2014/2015 Environmental Enforcement and Training a
20 Account Grant Program in the amount of$24,500.
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SECTION 3. The Director of Finance, or designee, is hereby authorized to
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22 incorporate these changes into the FY 2014-2015 budget. w
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1 MMON COUNCIL OF THE CITY OF
RESOLUTION OF THE MAYOR AND CO
2 SAN BERNARDINO RATIFYING THE SUBMITTAL OF THE 2014/2015
CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY GRANT
3 APPLICATION IN THE AMOUNT OF $24,500 AND AUTHORIZING THE FIRE
4 DEPARTMENT TO ACCEPT AND ADMINISTER THE GRANT.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 4 a.
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6 Common Council of the City of San Bernardino at a meeting v
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7 thereof, held on the day of , 2015, by the following vote, to wit: N
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9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT s
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13 VALDIVIA Q
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19 Georgeann Hanna, City Clerk 2
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21 The foregoing resolution is hereby approved this day of 12015.
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23 R. Carey Davis, Mayor
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25 Approved as to form:
Gary D. Saenz, City Attorney Q
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27 By:
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CALIFORNIA ENVIRONMENTAL ' `
PROTECTION AGENCY
1001 1 STREET,SACRAMENTO,CALIFORNIA 95814•P.O.BOX 2815,SACRAMCNTO,CALIFORNIA 958122815
LmA S.ADAus (916)323.2514•(916)324 0908 FAX•MD.CALEFA CAGOV AeNOLDSCHwARZENEC,GER =
SECRLTARYFOR GOVERNOR L
ENVIR>NMENI'AL PROTECTIONS 0
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December 18, 2014 CD
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Richard Lentine
San Bernardino City Fire Department
200 E. Third Street
San Bernardino, CA 92401 E
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Re: 2014 CalEPA Environmental Enforcement and Training Account Grant Program
Dear Mr. Lentine: �-
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The California Environmental Protection Agency is pleased to inform you that the San a
Bernardino City Fire Department has been approved to receive 2014 Environmental w
Enforcement and Training Account grant funds in the amount of$24,500.
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A formal grant agreement for your review and any further instructions will follow soon. 0
Thank you for your interest in the program and we look forward to supporting your efforts
in environmental enforcement, education and training. If you have any questions, please a
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contact Jessica Diedesch at (916) 322-2935 or Jessica.Diedeschna.calepa.ca.gov.
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Sincerely,
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Alice Reynolds
Deputy Secretary for Law Enforcement and Counsel LO
California Environmental Protection Agency N
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AIR RESOURCES BOARD•DEPARTMENT OF PESTICIDE REGULATION•DEPARTMENT OF TOXIC SUBSTANCES CONTROL
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STATE WATER RESOURCES CONTROL BOARD•REGIONAL WATER QUALITYCONTROL BOARDS
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CaIEPA W
Environmental Enforcement & Training Account
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Grant Program N
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Grant Award & Authorization Form w
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Fiscal Year: 2014/2015 N
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Your Fiscal Year 2014/2015 application for Environmental Enforcement and Training E
Account Grant funds has been approved as follows: a
Name of Applicant: San Bernardino City Fire Department `Q
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Grant Amount: $24,500 Q
Grant Number: EETAG1404
You are authorized to utilize grant funds in support of environmental enforcement
training of investigators and the purchase of environmental enforcement equipment CI
according to the requirements described in the following documents,which are attached v
and incorporated as part of this grant award: a
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• Exhibit A: Procedures and Requirements w
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• Exhibit B: Terms and Conditions 0
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• Exhibit C: Approved Budgets J
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• Exhibit D: Grant Application LO LO
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• Exhibit E: Grant Disbursement Request N
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Grant Award & Authorization Form
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The undersigned parties agree to the terms and conditions as set forth in this grant
award. The undersigned parties Certify under penalty Of perjury that they are duly
authorized to bind the parties to this grant
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Date: Date. W
CalEPA Office of the Secretary Applicant U LO
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Signature of Authorized Official Signature of Authorized Official
JEFF NOVINGER (OR DESIGNEE)
ERIC JARVIS -DA�-HA-RKf-:R--
Assistant Secretary Battalion Chief W
Fiscal & Administration San Bernardino City Fire Department E
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EXHIBIT A
PROCEDURES AND REQUIREMENTS C
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The Environmental Enforcement and Training Grants are administered by the California a
Environmental Protection Agency (CaIEPA). These Procedures and Requirements w
describe project and reporting requirements, eligible and ineligible project costs, project U
completion and close-out procedures, records and audit requirements. LO
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The following terms used in this Grant Agreement (Agreement) have the meanings
given to them below, unless the context clearly indicates otherwise: o
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■ "Applicant" means the entity applying for a grant.
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■ "Application" means the information an applicant provides CaIEPA when N
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applying for a grant. E
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■ "BDOs" means CalEPA's Boards, Departments, and Office. _
• "CaIEPA" means California Environmental Protection Agency. Q
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• "Environmental Justice" means "the fair treatment of people of all races, a
cultures, and incomes with respect to the development, adoption,
implementation, and enforcement of environmental laws, regulations, and
policies," as defined by Government Code section 65040.12.
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• "Grant" means a sum of money to assist an enterprise deemed advantageous to
the public. ¢
• "Grant Manager" means the CaIEPA Environmental Enforcement and Training
Grant Program staff person responsible for monitoring the grant.
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• "Grant Administrator" means the person from the Grantee who is responsible
for the day-to-day management of the project. ¢
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■ "Grantee" means the eligible organization that receives the funding from the Q
grant.,
• "Signature Authority" means the person duly authorized and empowered to N
execute in the name of the applicant all grant-related documents. o
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• "Secretary" means the Secretary for California/EPA or his or her designee(s).
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I. TIMETABLE
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Item Due Date
Grant Application Cycle Opens September 1, 2014 w
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Grant Application Due September 30,2014 LO LO
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Grants Disbursed (100%) Third Quarter FY 2014/15
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(January-March 2015) N
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First Progress Report July 30, 2015 L
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All Other Progress Reports Quarterly (due 30 days after the end of E
each calendar quarter)
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Final Report Due 30 days after the end of the _
project or July 30,2016 (whichever f°
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occurs first)
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II. REPORTING REQUIREMENTS
Grant projects should be completed within the timeframes set out in the approved
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Work Plan. The Grantee shall provide CaIEPA with quarterly reports within 30 Go
days of the end of each calendar quarter(March, June, September, December)
and a final progress report within 30 days of the end of the project or July 30, a
2016, whichever occurs first. Unused grant funds at the end of the fiscal year o
may be returned to CaIEPA or, if approved by CaIEPA, extended for use in the E
following fiscal year. w
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III. PROGRESS REPORTS (not including Final Report) a
Progress Report(s) shall include, at a minimum, the following: LU
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A. The Grant number, Grantee's name, Grantee's contact information, and
reporting period. o
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B. A description of work completed, arranged according to tasks and activities c
shown in Grantee's approved Work Plan. Include as an overall summary, or N
in each section, responses to the following questions as applicable:
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i. What were the successes (so far) in relation to goals and objectives?
ii. What problems/challenges were discovered during implementation? a
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iii. How were problems or challenges (if any) resolved during this reporting
period?
C. A brief discussion of work remaining to be conducted pursuant to the grant.
If necessary, discuss any adjustments to the Work Plan resulting from your w
process evaluation. The Grant Manager must give written pre-approval a
for any changes to the approved Work Plan or Budget. U
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D. Expenditure itemization.summary describing how much of the grant funds N
have been spent and on what. The expenditure itemization summary should
track the approved Budget. N
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IV. INELIGIBLE COSTS n
Any costs not included in your approved budget, and not directly related to the S
approved grant project, are ineligible. If you have any questions regarding Q
ineligible costs, contact the Grant Manager. -�
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Examples of ineligible costs for funding include the following, but not limited to: a
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A. Lobbying or advocacy activities relating to any federal, state, regional, or local a
legislative, quasi-legislative, adjudicatory, or quasi-judicial proceeding
involving development or adoption of statutes, guidelines, rules, regulations,
plans or any other governmental proposal, or involving decisions concerning
siting, permitting, licensing, or any other governmental action. o
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B. Litigation, administrative challenges, enforcement action, or any type of
adjudicatory proceeding. Q
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C. Funding of a lawsuit against any governmental entity, business, or project X
owned by a business. w
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D. Other state grant programs.
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E. Performance of any technical assessment for purposes of opposing or W
contradicting a technical assessment prepared by a public agency.
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F. Food and drinks that are not an integral part of the conference or event (i.e,, o
the conference or training continues to be conducted while the meal is served
and consumed).
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G. Profit or mark-up by the Grantee.
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H. Out-of-State travel. o
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1. Overtime costs/compensated time off(except for when law or labor contract
requires overtime compensation).
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J. Travel expenditures that exceed the State rate (for hotel and meal rates, see
http://www.calhr.ca.gov/employees/Pa es/travel-reimbursements.—as <
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K. Fines or penalties due to violation of federal, state or local laws, ordinances, v
or regulations. o
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L. Expenses for audits of the Grantee's entire organization, or portions thereof r
that include a review of one of the CaIEPA Environmental Enforcement and N
Training Grants cycles.
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M. Costs deemed by the CalEPA Grant Manager to be unreasonable or not N
related to the purpose of the grant. S
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N. Other work deemed ineligible by CaIEPA, consistent with state law. ¢
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V. FINAL REPORT
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The Final Report summarizes the entire grant term and shall include: ¢
A. The Grant number, Grantee's name, Grantee's contact information, and Grant W
Term.
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B. The following disclaimer statement:
"The statements and conclusions of this report are those of the Grantee and
not necessarily those of the California Environmental Protection Agency, its x
employees, or the State of California. The State makes no warranty, express w
or implied, and assumes no liability for the information contained in the
succeeding text." c�
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C. Description of activities that were undertaken, continued, and completed W
during the reporting period. Activities should be arranged by the categories
shown in your approved Work Plan. LO
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D. Summary of results and evaluation of program, as applicable to your Work
Plan, which includes responding to the following questions. o
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i. What are the methods used to evaluate project effectiveness?
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ii. What were the successes in relation to goals and objectives?
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iii. What problems/challenges emerged during implementation? How did you
resolve them?
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iv. What would you do differently if you had the project to design all over 0
again?
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v. What"best practices" might be shared with other areas? U
E. A final Expenditure Itemization Summary. All expenditures must be itemized. N
(An expenditure itemization summary should look like the approved Budget
with all actual expenses accounted for and itemized.)
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i. Supporting Documentation. Appropriate documentation must be L
submitted with the final report and copies of submitted documentation N
should be maintained and kept for all grant expenditures. Documentation c
should be retained for a minimum of three years after the close of the
Grant Term for audit purposes, or for a longer period of time if warranted ¢
to resolve any issues with this Agreement. For a more detailed _
description, see Audit/Records Access in Exhibit B. Types of acceptable f°
documentation include:
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a) Invoices. Invoices must include the name of the vendor, vendor's ¢
telephone number and address, description of goods or services
purchased, amount due, and date.
b) Receipts. Receipts should include the same information as invoices.
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c) Purchase orders with proof of payment. Purchase orders should ¢
include the same information as invoices and receipts, and must be
accompanied by proof of payment (e.g., copies of cancelled checks). X
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d) Personnel Expenditure Summary. Document personnel expenditures , C
based on actual time spent on grant related activities. The name, title,'
rate, personnel rate totals of the staff being paid under the grant, and ¢
the name, title and original signature of personnel supervisor or w
authorized signature authority identified on original grant application a
can be used for supervisory signature and title must be included on the V
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personnel expenditure summary submitted. o
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e) Travel Expense Summary. Document costs related to travel and c
include supporting documentation. "!
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f) Basic Travel Policies
1. Limit attendance at conferences and meetings to those directly L
concerned with the topic.
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2. Use the most economical method of transportation. Consider the w
time you will be away from the office and the direct cost of the Q
methods that may be used. v
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3. Avoid back-tracking and duplicate travel whenever possible. °
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VI. EXCEPTIONS N
Exceptions to the provisions of the Agreement will be considered on a case-by-
case basis. Requests must be submitted in writing, and pre-approved in writing,
by the Grant Manager. The Grantee is responsible for retaining documentation
of any exceptions to the Agreement for audit purposes. S
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VII. GRANT MANAGER _
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The Grant Manager during the term of this Agreement is Jessica Diedesch. All
reports and written correspondence and inquiries regarding this project shall be
..., directed to: Q
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California Environmental Protection Agency
Environmental Enforcement and Training Grant Program
Attn: Jessica Diedesch o
P.O. Box 2815 <00
Sacramento, California 95812 a
Phone: (916) 322-2935 �-
Email: jessica.diedesch @calepa.ca.gov
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EXHIBIT B
TERMS AND CONDITIONS
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The Grantee shall acknowledge CaIEPA's support each time projects funded, in w CL
whole or in part,by this Agreement are publicized in any news media, brochures,or -J
1. ACKNOWLEDGEMENTS other type of promotional material. The acknowledgement of CaIEPA's support U
must state"California Environmental Protection Agency Environmental Enforcement LO
and Training Grant Program." Initials or abbreviations for CaIEPA shall not be o
used. N
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2. ADVERTISING!PUBLIC The Grantee shall submit copies of all draft public education or advertising materials N
to the Grant Manager for review and approval prior to the Grantee's use of °S
EDUCATION s
materials.
The Grantee shall not be: T
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a. In violation of any order or resolution not subject to review promulgated by E
the State Air Resources Board or an air pollution control district.
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3. AIRNUATER POLLUTION b. Out of compliance with any final cease and desist order issued pursuant to
VIOLATION Water Code Section 13301 for violation of waste discharge requirements or
CERTIFICATION discharge prohibitions. Q.
c. Finally determined to be in violation of provisions of federal law relating to
air or water pollution. Q
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
4. AMENDMENT o
understanding or agreement not incorporated into this Agreement is binding on any
of the parties. M
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The Grantee assures the State that it complies with the Americans with Disabilities
5. AMERICANS WITH Act(ADA)of 1990,which prohibits discrimination on the basis of disability,as well
DISABILITIES ACT as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. w
§12101 et seq.)
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6. ASSIGNMENT, This Agreement may not be assigned by the Grantee, either in whole or in part,
without CalEPA's prior written consent. The provisions of this Agreement shall be a
SUCCESSORS AND binding upon and inure to the benefit of CaIEPA, the Grantee, and their respective W
ASSIGNS successors and assigns. Q
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The Grantee agrees that CaIEPA,the Department of Finance,the Bureau of State
Audits, or their designated representative(s)shall have the right to review and to
copy any records and supporting documentation pertaining to the performance of U
this Agreement. The Grantee agrees to maintain such records for possible audit for a
a minimum of three(3)years after final payment, unless a longer period of records J
retention is stipulated,or until completion of any action and resolution of all issues Q
which may arise as a result of any litigation, dispute,or audit,whichever is later. U
7. AUDITIRECORDS The Grantee agrees to allow the designated representative(s)access to such c
ACCESS records during normal business hours and to allow interviews of any employees N
who might reasonably have information related to such records. Further,the
Grantee agrees to include a similar right of the State to audit records and interview o
staff in any contract or subcontract related to performance of this Agreement. w
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[You may find it helpful to share the Terms and Conditions and Procedures and
Requirements with your finance department. Examples of audit documentation
include, but are not limited to: expenditure ledger,payroll register entries and time N
sheets,personnel expenditure summary form,travel expense log,paid warrants,
contracts, change orders,invoices, and/or cancelled checks.]
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The Grantee shall continuously maintain a representative vested with signature ra
8. AUTHORIZED authority authorized to work with CalEPA on all grant-related issues. The Grantee Q
REPRESENTATIVE shall, at all times, keep the Grant Manager informed as to the identity of the Q
authorized representative.
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CaIEPA's obligations under this Agreement are contingent upon and subject to the
9. AVAILABILITY OF FUNDS availability of funds appropriated for this grant. In the event funds are not available,
the State shall have no liability to pay any funds whatsoever to the Grantee or to
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furnish any other considerations under this Agreement. CD
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All communications from the Grantee to CaIEPA shall be directed to the Grant Q
Manager.All notices and reports required by this Agreement shall be given in Q
10. COMMUNICATIONS writing by email or letter to the Grant Manager as identified in Exhibit A. If an E
original document is required, prepaid mail or personal delivery to the Grant w
Manager is required following the email communication. _
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The Grantee shall comply fully, and require any of its contractors and 0-
subcontractors to comply fully,with all applicable federal, state, and local laws, Q
ordinances, regulations, and permits. The Grantee shall provide evidence, upon U
request,that all local,state, and/or federal permits, licenses, registrations,and ,n
11, COMPLIANCE approvals have been secured for the purposes for which grant funds are to be o
expended.The Grantee shall maintain compliance with such requirements N
throughout the grant period. The Grantee shall ensure that the requirements of the
California Environmental Quality Act are met for any approvals or other N
requirements necessary to carry out the terms of this Agreement, Any deviation
from the requirements of this section shall result in non-payment of grant funds. d
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The Grantee certifies that it has appropriate systems and controls in place to ensure
12. COMPUTER SOFTWARE that State funds will not be used in the performance of this Agreement for the
acquisition,operation or maintenance of the computer software in violation of
copyright laws. Q
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The Grantee and CalEPA acknowledge that each party may come into possession Q
of information and/or data that may be deemed confidential or proprietary by the v
person or organization furnishing the information or data. Such information or data c
may be subject to disclosure under the California Public Records Act, Government
13. CONFIDENTIALITY/ Code("GC")Section 6250 et seq. CaIEPA agrees not to disclose such information c=
PUBLIC RECORDS or data furnished by the Grantee and to maintain such information or data as c
confidential when so designated by the Grantee in writing at the time it is furnished N
to CaIEPA, but only to the extent that such information or data is exempt from
disclosure under the California Public Records Act.
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The Grantee needs to be aware of the following provisions regarding current or E
former state employees. If the Grantee has any questions on the status of any Q
person rendering services or'involved with this Agreement,CaIEPA must be
contacted immediately for clarification.
Current State Employees(Public Contracts Code(PCC)§ 10410):
a. No officer or employee shall engage in any employment,activity, or m
enterprise from which the officer or employee receives compensation or has Q
a financial interest and which is sponsored or funded by any state agency,
unless the employment, activity, or enterprise is required as a condition of
regular state employment.
b. No officer or employee shall contract on his or her own behalf as an
independent contractor with any state agency to provide goods or services. o0
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14. CONFLICT OF INTEREST Former State Employees(PCC§ 10411): M
a. For the two-year period from the date he or she left state employment, no
former state officer or employee may enter into a contract in which he or Q
she engaged in any of the negotiations, transactions, planning, c
arrangements or any part of the decision-making process relevant to the x
contract while employed in any capacity by any state agency. w
b. For the twelve-month period from the date he or she left state employment,
no former state officer or employee may enter into a contract with any state
agency if he or she was employed by that state agency in a policy-making
position in the same general subject area as the proposed contract within Q
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the twelve month period prior to his or her leaving state service. W
If the Grantee violates any provisions of above paragraphs,such action by the U
Grantee shall render this Agreement void. (PCC§ 10420) 'n
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5.E.b
The Grantee will be entitled to make use of its own staff and such contractors and
subcontractors as are mutually acceptable to the Grantee and CaIEPA. Any
change in contractors or subcontractors must be mutually acceptable to the parties,
Immediately upon termination of any such contract or subcontract,the Grantee shall Q
notify the Grant Manager. w
Nothing contained in this Agreement or otherwise,shall create any contractual U
15. CONTRACTORS/ relation between CaIEPA and any contractors or subcontractors of the Grantee,and
SUBCONTRACTORS no agreement with contractors or subcontractors shall relieve the Grantee of its o
responsibilities and obligations hereunder, The Grantee agrees to be as fully N
responsible to CaIEPA for the acts and omissions of its contractors and
subcontractors and of persons either directly or indirectly employed by any of them N
as it is for the acts and omissions of persons directly employed by the Grantee.
The Grantee's obligation to pay its contractors and subcontractors is an -�
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independent obligation from CaIEPA's obligation to make payments to the Grantee.
As a result, CaIEPA shall have no obligation to pay or to enforce the payment of
any moneys to any contractor or subcontractor.
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16. CONTROLLING LAW This Agreement is governed by and shall be interpreted in accordance with the laws
of the State of California.
v
Grantee retains title to any copyrights or copyrightable material produced pursuant
to this Agreement. Grantee hereby grants to CaIEPA a royalty-free, nonexclusive, Q
transferable,world-wide license to reproduce,translate,and distribute copies of any ,
and all copyrightable materials, including images and text, produced pursuant to
17. COPYRIGHTS AND this Agreement,for non-profit, non-commercial purposes, and to have or permit
TRADEMARKS others to do so on CaIEPA's behalf. Grantee is responsible for obtaining any
necessary licenses, permissions, releases,or authorizations to use text, images,or a
other materials owned,copyrighted, or trademarked by third parties and for
extending such licenses, permissions, releases, or authorizations to CaIEPA Q
pursuant to this section. .�
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18. DISCHARGE OF GRANT Grantee's obligations under this Agreement shall be deemed discharged only upon
OBLIGATIONS acceptance of the final report by CaIEPA.
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CaIEPA makes no warranties, express or implied,including without limitation,the Q
implied warranties of merchantability and fitness for a particular purpose, regarding U
the materials,equipment,services, or products purchased, used,obtained,and/or ,n
produced with funds awarded under this Agreement,whether such materials, c
equipment,services, or products are purchased, used, obtained,and/or produced N
19. DISCLAIMER OF alone or in combination with other materials,equipment,services or products. No d
WARRANTY CaIEPA employees or agents have any right or authority to make any other N
representation,warranty,or promise with respect to any materials, equipment,
services,or products purchased, used, obtained,or produced with grant funds. In
no event shall CaIEPA be liable for special, incidental, or consequential damages E
arising from the use, sale, or distribution of any materials, equipment, services, or
products purchased or produced with grant funds awarded under this Agreement.
Q
12
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S.E.b
The Secretary shall have the right to terminate this Agreement at his or her sole
discretion at any time upon thirty(30)days written notice to the Grantee. Within
forty-five(45)days of receipt of written notice,Grantee is required to:
20. DISCRETIONARY a. Submit a final written report describing all work performed by the Grantee;
TERMINATION Q
b. Submit an accounting of all grant funds expended up to and including the a
w
date of termination; and, Q
c. Reimburse CaIEPA for any unspent funds. U
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Unless otherwise instructed by the Grant Manager, the Grantee shall continue with N
21. DISPUTES its responsibilities under this Agreement during any dispute.
0
The person signing this Agreement on behalf of the Grantee certifies under penalty
of perjury under the laws of California,the Grantee agrees that the Grantee will Q
comply with the requirements of the Drug-Free Workplace Act of 1990(GC§8350 v
et seq.)and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, a
distribution, dispensation, possession or use of a controlled substance is Q
prohibited and specifying actions that will be taken against employees for a
22. DRUG-FREE violations.
WORKPLACE b. Establish a drug-free awareness program to inform employees about all of a
CERTIFICATION the following: (1)the dangers of drug abuse in the workplace, (2)the
Grantee's policy of maintaining a drug-free workplace, (3)any available U
counseling, rehabilitation, and employee assistance programs, and(4) Q
penalties that may be imposed upon employees for drug abuse violations.
c. Require that each employee who works on the grant: (1)receive a copy of f°
the drug-free policy statement of the Grantee,and (2)agrees to abide by
the terms of such statement as a condition of employment on the grant. o
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23. EFFECTIVENESS OF This Agreement is of no force or effect until signed by both parties. Q
AGREEMENT
2
This Agreement supersedes all prior agreements,oral or written, made with respect x
24. ENTIRE AGREEMENT to the subject hereof and,together with all attachments hereto,contains the entire w
agreement of the parties.
In the performance of this Agreement,the Grantee shall conduct its programs, a
UJ
25. ENVIRONMENTAL policies, and activities that substantially affect human health or the environment in a
manner that ensures the fair treatment of people of all races, cultures, and income Q
JUSTICE levels, including minority populations and low-income populations of the State. LO
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The Grantee agrees that,at a minimum, its fiscal control and accounting
procedures will be sufficient to permit tracing of grant funds to a level of expenditure
adequate to establish that such funds have not been used in violation of State law
26. FISCAL MANAGEMENT or this Agreement,
SYSTEMS AND Q
ACCOUNTING [You may find it helpful to share the Terms and Conditions and Procedures and J
STANDARDS Requirements with your finance department. Examples of audit documentation Q
include, but are not limited to: expenditure ledger,payroll register entries and time U
sheets,personnel expenditure summary form,travel expense log,paid warrants, LO
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contracts, change orders,invoices, and/or cancelled checks.]
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Neither CalEPA nor the Grantee, its contractors, vendors, or subcontractors, if any, N
shall be responsible hereunder for any delay,default,or nonperformance of this a,
Agreement,to the extent that such delay,default,or nonperformance is caused by
27. FORCE MAJEURE an act of God,weather, accident, labor strike,fire,explosion, riot,war, rebellion,
sabotage,flood,or other contingencies unforeseen by CaIEPA or the Grantee, its N
contractors,vendors, or subcontractors,and beyond the reasonable control of such E
party.
If grant funds are not expended, or have not been expended, in accordance with
28. FORFEIT OF GRANT this Agreement,or if real or personal property acquired with grant funds is not being
FUNDS/REPAYMENT OF used, or has not been used,for grant purposes in accordance with this Agreement,
the Secretary, at his or her sole discretion, may take appropriate action under this v
FUNDS IMPROPERLY Agreement, at law or in equity, including requiring the Grantee to forfeit the Q
EXPENDED unexpended portion of the grant funds and/or to repay to CaIEPA any funds
improperly expended.
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29. GENERALLY ACCEPTED The Grantee is required to use Generally Acceptable Accounting Principles in o
ACCOUNTING documenting all grant expenditures. M
PRINCIPLES
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The Grantee is ultimately responsible and accountable for the manner in which the x
grant funds are utilized and accounted for and the way the grant is administered, w
even if the Grantee has contracted with another organization, public or private,to
30. GRANTEE administer or operate part or its entire program. The Grantee shall be responsible
ACCOUNTABILITY for any and all disputes arising out of its contracts for work on the project funded by
the grant. CalEPA will not mediate disputes between the Grantee and any other a
entity concerning responsibility for performance of work. In the event an audit W
should determine that grant funds are owed to CalEPA,the Grantee is responsible q
for repayment of the funds to CalEPA. U
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A written amendment is required to change the Grantee's name as listed on this v
31. GRANTEE'S NAME Agreement. Upon receipt of legal documentation of the name change, CaIEPA will
CHANGE process the amendment. Grant Payment Requests presented with a new name cow
cannot be paid prior to approval of the amendment.
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5.E.b
a. Light Refreshments and/or Meals at Events: Light refreshments and meals
are permitted under this Agreement only when integral to the meeting,
conference,training workshop,or outreach activity(i.e.,the conference or
training continues to be conducted while the meal is served and consumed). Q
Unless described in the approved Work Plan,the Grantee agrees to obtain a
prior approval from CaIEPA for the use of grant funds for light refreshments, J
32. MEALS, meals,and/or beverages served at an event. Food and beverage costs V
REFRESHMENTS,& must be reasonable, Use of grant funds for meals and refreshments at LO
LODGING receptions, banquets, and similar activities after normal business hours is o
prohibited. N
b. Travel, Lodgings, and Incidentals: Unless otherwise provided for in this
Agreement, Grantee's Per Diem eligible costs are limited to the amounts set ow
by the California Department of Human Resources. These rates may be
found at http://www calhr ca aov/employees/Pages/travel-
reimbursements.aspx.
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The person signing this Agreement on behalf of the Grantee certifies under penalty
33, NATIONAL LABOR of perjury that no more than one final unappealable finding of contempt of court by a
RELATIONS BOARD
federal court has been issued against the Grantee within the immediately preceding
CERTIFICATION two-year period because of the Grantee's failure to comply with an order of a
ca
federal court which orders the Grantee to comply with an order of the National
Labor Relations Board. m
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34, NO AGENCY The Grantee and the agents and employees of Grantee,in the performance of this Q
RELATIONSHIP Agreement, shall act in an independent capacity and not as officers or employees
CREATED/INDEPENDENT
CAPACITY or agents of CaIEPA.
a. During the performance of this Agreement, Grantee and its contractors shall 00
0
not unlawfully discriminate, harass, or allow harassment against any 00
employee or applicant for employment on the bases enumerated in Gov.
Code§§12900 et seq. Q
b. The person signing this Agreement on behalf of the Grantee certifies under
penalty of perjury under the laws of California that the Grantee has, unless E
35. NON-DISCRIMINATION exempted,complied with the nondiscrimination program requirements(Gov. w
CLAUSE Code§ 12990)and California Code of Regulations,Title 2, Section 8103).
c. Grantee shall include the above nondiscrimination and compliance P
provisions of this section in all contracts to perform work under this 0
Agreement. Q
d. The Grantee, its consultants,and its contractors shall give written notice of w
their obligations under this clause to labor organizations with which they _J
have a collective bargaining or other agreement. Q
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The parties to this Agreement do not create rights in,or grant remedies to,any third N
36. NO THIRD PARTY RIGHTS party as a beneficiary of this Agreement,or of any duty,covenant, obligation or d
undertaking established herein. N
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Grantee hereby grants CalEPA a royalty-free,non-exclusive,transferable license to E
37, OWNERSHIP OF WORK reproduce, translate, and distribute copies of any and all materials produced
PRODUCT pursuant to this Agreement. Grantee shall deliver copies of any work product c�a
developed under this Agreement to CaIEPA upon request. Q
15
Packet Pg. 78
5.El
The performance of this grant shall be conducted in accordance with the entire
Agreement including these Terms and Conditions,the Procedures and
Requirements,and the approved Budget and Work Plan. Grantee's CalEPA-
approved application is hereby incorporated into this Agreement by reference. In et
the event of conflict or inconsistency between the articles, exhibits, attachments,or a
provisions that constitute this Agreement,the following order of precedence shall W
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apply; Q
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38. ORDER OF PRECEDENCE 1. Terms and Conditions o
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2. Procedures and Requirements
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3. Approved Budget and Work Plan N
4. Grantee's Application i
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5. All other attachments.
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a. The Grantee Application, approved Work Plan,and Budget, attached to and Q
incorporated herein by reference to this Agreement states the maximum
amount of allowable costs for each of the tasks identified in the Budget.
CaIEPA shall pay the Grantee for only the work and tasks specified in the Q
Work Plan at only those costs specified in the Budget and incurred in the
terms of the Agreement. U
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b. The Grantee shall carry out the work described in the approved Work Plan 4
39. PAYMENT in accordance with the Budget, and shall obtain the Grant Manager's written
approval of any changes or modifications to the Work Plan or the Budget
prior to performing the changed work or incurring the changed cost. If the tY
Grantee fails to obtain such prior written approval, the Secretary, or his or
her designated representative, may require the Grantee to forfeit the CD
unexpended portion of the grant funds and/or repay to CalEPA any funds
improperly expended.
c. Payment will be made only to the Grantee. Q
Information or data that personally identifies an individual or individuals is X
confidential in accordance with California Civil Code sections 1798,et seq. and W
40. PERSONALLY other relevant State or Federal statutes and regulations. The Grantee shall
IDENTIFIABLE safeguard all such information or data which comes into their possession'under
INFORMATION this Agreement in perpetuity, and shall not release or publish any such <
information or data. a
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If applicable,the Grantee agrees to be bound by all the provisions of State v
Labor Code Section 1771 regarding prevailing wages. If applicable,the un
41. PREVAILING WAGES AND
LABOR COMPLIANCE N Grantee shall monitor all agreements subject to reimbursement from this o
Agreement to ensure that the prevailing wage provisions of State Labor Code
Section 1771 are met.
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For projects involving installation or construction services,the Grantee agrees m
42. PROFESSIONALS that only licensed professionals will be used to perform services under this
Agreement where such services are called for and licensed professionals are
required for those services under State law. c�a
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a. 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.
b. All real and personal property, including equipment and supplies,acquired
43. REAL AND PERSONAL with grant funds shall be used by the Grantee only for the purposes for a
PROPERTY ACQUIRED which CalEPA approved their acquisition for so long as such property is �
WITH GRANT FUNDS needed for such purposes, regardless of whether the Grantee continues to U
receive grant funds from CaIEPA for such purposes.
c. The grantee may not transfer title to any real or personal property, including o
equipment and supplies,acquired with grant funds to any other entity N
without the express authorization of CalEPA. d
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All documents submitted by the Grantee must be printed double-sided on recycled- L
44. RECYCLED CONTENT content paper containing 100 percent post-consumer fiber. Specific pages N
PRODUCTS containing full color photographs or other special graphics may be printed on E
photographic paper. E
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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 t0
45. SEVERABILITY other provision of this Agreement. To the full extent,however,that the provisions of m
such applicable law may be waived, they are hereby waived to the end that this V
Agreement be deemed to be a valid and binding agreement enforceable in U
accordance with its terms. a
The Grantee shall allow the State to inspect sites at which grant funds are
46. SITE ACCESS expended and related work being performed at any time during the performance of
the work and for thirty(30)days after completion of the work. o
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CalEPA may terminate this Agreement and be relieved of any payments should the a
47. TERMINATION FOR Grantee fail to perform the requirements of this Agreement at the time and in the
manner herein provided. In the event of such termination, the Grantee may
CAUSE proceed with the work in any manner deemed proper by CaIEPA. All costs to W
CalEPA shall be deducted from any sum due the Grantee under this Agreement. ,
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Time is of the essence of this Agreement. The Grantee shall proceed with projects
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48. TIME IS OF THE ESSENCE funded, in whole or in part, by this Agreement,and complete the Project in an w
expeditious manner. a
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By signing this Agreement,the Grantee hereby acknowledges the applicability of
GC§§ 16645, 166452, 16645.8, 16646, 16647,and 16648 to this Agreement and N
hereby certifies that:
a. No grant funds disbursed by this grant will be used to assist,promote,or c
49. UNION ORGANIZING deter union organizing by employees performing work under this N
Agreement.
b. If the Grantee makes expenditures to assist,promote,or deter union E
organizing, the Grantee will maintain records sufficient to show that no state
funds were used for those expenditures, and that Grantee shall provide R
those records to the Attorney General upon request.
17
Packet Pg. 80
5.E.b
All proceedings concerning the validity and operation of this Agreement and the
50. VENUE performance of the obligations imposed upon the parties hereunder shall be held in
Sacramento County, California. The parties hereby waive any right to any other P
venue.
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Any waiver of rights with respect to a default or other matters arising under the J
Agreement at any time by either party shall not be considered a waiver of rights with Q
51. WAIVER OF RIGHTS respect to any other default or matter. Any rights and remedies of the State U
provided for in this Agreement are in addition to any other rights and remedies c
provided by law.
The Grantee agrees to waive all claims and recourse against the State,its officials, N
officers,agents, employees,and servants, including,but not limited to, the right to
52. WAIVER OF CLAIMS AND contribution for loss or damage to persons or property arising out of,resulting from,
RECOURSE AGAINST or in any way connected with or incident to this Agreement. This waiver extends to
THE STATE 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 c
of,this Agreement. E
53. WORK PRODUCTS The Grantee shall provide CaIEPA with copies of all final products identified in the v
Work Plan.
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The Grantee is aware of Labor Code section 3700,which requires every employer m
54. WORKERS' to be insured against liability for Worker's Compensation or to undertake self- Q
COMPENSATION LABOR insurance in accordance with the Labor Code,and the Grantee affirms to comply
CODE with such provisions before commencing the performance of the work of this
Agreement.
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San Bernardino City Fire Department
FY 2015 Penal Code 14300 Environmental Enforcement Training Grant Program
Approved Training Budget
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Course Costs w
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Verbal Judo for Environmental Inspectors for 6 Individuals Q
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(August 2015) o
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Personnel Cost(OT) $4,975
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Personnel Cost(Backfill) $2,570 �
Training Cost $1,350 a;
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TOTAL $8,898
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(April 2015)
Personnel Cost(OT) $5,141
Personnel Cost(Backfill) $5,141
Training Cost $1,132 CD
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TOTAL $11,414 Q
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San Bernardino County Environmental Crimes Task Force .:.
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(monthly meetings)
Personnel Cost(OT) $2,142 w
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Personnel Cost(Backfill) $2,999 Q
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EXHIBIT D
GRANT APPLICATION
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CaIEPA
Environmental Enforcement
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and Training Account Grant Program W
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2014 Grant Application w
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Background:
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Penal Code section 14300 of seq. established the Environmental Enforcement and Training
Account. California Code of Regulations, title 27, section 10011 et seq. contains the implementing
regulations for the Environmental Enforcement Training Account Grant Program. The purpose of
the Grant Program is to provide financial assistance for environmental enforcement, investigation
and training programs that enhance statewide enforcement of environmental laws. The Secretary a
may award grants to public entities and private nonprofit organizations for:
1) Training public prosecutors, peace officers, firefighters, and state or local environmental Co
regulators in the investigation and enforcement of environmental laws;
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2) The cost of local environmental regulators engaged in the enforcement of environmental
laws; and/or a
3) The costs of prosecutors, investigators and research attorneys working within the
Environmental Circuit Prosecutor Project. w
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The actual amount of grant funding available depends on the amount of money deposited into the
Environmental Enforcement and Training Account from settlements and other contributions in
preceding fiscal years. w
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Application Deadline:
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Applications may be submitted starting September 1St each year and must be postmarked or hand
delivered by no later than 5:00 p.m. on September 301t' each year. N
Where to Submit Applications:
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CalEPA Office of the Secretary r
Environmental Enforcement and Training Grants Program Foradditional information, contact: a
Attn: Jessica Diedesch Jessica Diedesch (916) 322-2935
1001 1 Street, MS 25C Jessica.diedesch @calepa.ca.gov
Sacramento, California 95814
1
Packet Pg.85
5.E.b
Eligibility:
• Individuals are not eligible to receive grants.
• Private nonprofit organizations or public entities may submit a grant application.
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• Applicants who have previously received grant funds may be eligible for future grant
awards. a
• Organizations that have not received previous grants underthe Environmental Enforcement w
and Training Account Grant Program may receive preference over organizations currently or v
previously receiving grant awards.
• Local environmental regulators may request local assistance grants to assist in the N
enforcement of environmental laws, based upon a showing of substantial need and a lack of
other available funding sources. N
• Applications proposing projects inconsistent with CaIEPA's statutory authority or mission are
ineligible for funding. -
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Grant Criteria:
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The Secretary will award grants based upon the following criteria:
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• The Secretary will only consider one application per applicant per project. Applicants may a
submit more than one application if the applications are for separate and distinct projects or Q
activities. a
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• Applications will be evaluated based on the merit of the proposed project in comparison to
other applications. Past performance may be considered during the evaluation process for W
those applicants who have received previous grants. o
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• California Law requires CalEPA to conduct its programs in a manner that ensures the fair a
treatment of people of all races, cultures, and income levels, including minority populations
and low-income populations in the state. Receipt of grant funds is conditioned on the x
incorporation of environmental justice objectives as they relate to environmental w
enforcement into any proposed training courses. Training courses should include, as.
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appropriate, one or more of the following components: c�
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(1) Developing an understanding of environmental justice laws and principles. J
(2) Developing targeted enforcement projects or plans benefiting communities most
burdened by pollution sources or impacts. L,
(3) Ensuring public participation and information sharing whenever possible. N
• Applicants may receive grants to develop a new activity or substantially improve the quality N
of existing programs upon a showing that the project will have a direct impact on
environmental enforcement and/or training activities.
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• The Secretary will review and consider the responsiveness of the work plan to CalEPA's
environmental enforcement and training objectives, the overall effectiveness of the project a
design, the clarity of the measures of success and the qualifications of project staff.
2
Packet Pg. 86
Restrictions on Grants:
(1) Grant funds can only be used for the purposes set forth in an approved narrative/work plan,
and must be consistent with the statutory authority for the award. C
(2) Grant funds cannot be used for lobbying, or intervention in state or federal regulatory
proceedings. a
(3) Grant funds cannot be used for matching state or federal funding. w
(4) State law requires all grantees to certify and assure that they will comply with all applicable v
state laws, regulations, and requirements before receiving funds. LO
Reporting Requirements for Grant Recipients:
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Grant funded projects should be completed within the time frames set out in the work plan. The
recipient organization is responsible for the successful completion of the project and submission of
required reports. y
(1) All recipients must submit quarterly and final reports to the Secretary within 30 days of E
the end of the quarter or end of the project for final reports. Failure to submit reports a
may result in termination of the grant. C
(2) Unused grant funds remaining at the end of the fiscal year may be returned or, if
approved by CalEPA, extended for use in the following fiscal year. (D
(3) CaIEPA may require an audit or financial accounting from a grant recipient at any time. a
Y Selection of Grant Recipients:
Applications will be screened to ensure that they meet all requirements described in the statutes Co
and regulations governing the program.
• After all applications are received, acknowledgements of receipt will be sent to all Q
applicants.
• Factors in the selection process may include geographic and socioeconomic balance, w
diverse nature of the projects, cost, and projects whose benefits can be sustained after the c
grant is completed.
• Once applications have been recommended for funding, additional information may be a
necessary to complete the award process, such as tax identification numbers. Approved w
applicants may be required to complete additional government forms prior to receiving grant Q
funds. V
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• All applicants are informed as to the decision on their application. o
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Please provide all information requested.
Additional pages may be attached as necessary.
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Name of Organization: San Bernardino City Fire Department w
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Mailing Address: 200 E Third St
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Post Office Box:
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City/State/Zip Code: CA
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Telephone: (909) 384-5286 Fax: (909)384-5281
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E-Mail: Lentine ri(a_sbcity.org Website Address: wvvw.sbcity.org a
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Person with day-to-day responsibility for the project: _Richard Lentine Q
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Title: Captain Telephone: (909)383-5260 Q
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Fax: (909) 880-8616 E-Mail:Lentine ri6a sbcity.org
Supervisor's Name: _Dan Harker o
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Title: Battalion Chief Telephone: (909)384-5401 Q
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Narrative[Work Plan: _
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1. In a concise format, please generally describe the proposed project. a
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CONTINUE TO COMBAT ILLEGAL DUMPING OF HAZARDOUS MATERIALS AND HAZARDOUS WASTE, AS WELL U
AS THE INVESTIGATION AND ENFORCEMENT OF OTHER ENVIRONMENTAL CRIMES. THE SPECIALIZED ,n
INVESTIGATION BUREAU (SIB)INVESTIGATES ALL ILLEGAL DUMPING, TRANSPORTATION,AND STORAGE OF N
HAZARDOUS MATERIALS IN THE CITY OF SAN BERNARDINO. INVESTIGATIONS ARE PRIMARILY FORWARDED
TO THE SAN BERNARDINO COUNTY DA SPECIAL PROSECUTION GROUP FOR PROSECUTION,WITH OTHER N
CASES BEING FORWARDED TO THE CITY ATTORNEY FOR MUNICIPAL CODE VIOLATIONS. THE SBFD SIB
WILL INCORPORATE ARSON INVESTIGATORS TO ASSIST WITH INTERVIEWS, RECORD SEARCHES,OR OTHER 0
GENERAL INVESTIGATIVE AS ASSIGNED. s
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2. Identify the specific environmental enforcement and/or training objectives to be addressed by
the project.
4
Packet Pg. 88
5.E.b
Please provide all information requested.
Additional pages may be attached as necessary.
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Name of Organization: San Bernardino City Fire Department Q
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Mailing Address: 200 E Third St __ _—_— —_ to
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Post Office Box: - c
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City/State/Zip Code: CA Y
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Telephone: (909) 384-5286 Fax: (909)_384-5281 N
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E-Mail: .. Lentine rffsbcity.org Website Address: www.sbcity.orgi E
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Person with day-to-day responsibility for the project: -Rictiafd-L-ettt m--Gregory Breiner
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Title: Eap#ctrr Fire Engineer Telephone: (909)383-5260
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Supervisor's Name: _ Qa+� Marrk - Jeff Novinger
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Title: Battalion Chief Telephone: (909)384-5401 _ M
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Narrativo/Work Plan: s
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1. In a concise format, please generally describe the proposed project.
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CONTINUE TO COMBAT ILLEGAL DUMPING OF HAZARDOUS MATERIALS AND HAZARDOUS WASTE, AS WELL a
AS THE INVESTIGATION AND ENFORCEMENT OF OTHER ENVIRONMENTAL CRIMES. THE SPECIALIZED 0'
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INVESTIGATION BUREAU(SIB)INVESTIGATES ALL ILLEGAL DUMPING,TRANSPORTATION, AND STORAGE OF -�
HAZARDOUS MATERIALS IN THE CITY OF SAN BERNARDINO. INVESTIGATIONS ARE PRIMARILY FORWARDED V
TO THE SAN BERNARDINO COUNTY DA SPECIAL PROSECUTION GROUP FOR PROSECUTION,WITH OTHER LO
CASES BEING FORWARDED TO THE CITY ATTORNEY FOR MUNICIPAL CODE VIOLATIONS.THE SBFD SIB N
WILL INCORPORATE ARSON INVESTIGATORS TO ASSIST WITH INTERVIEWS, RECORD SEARCHES, OR OTHER d'
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GENERAL INVESTIGATIVE AS ASSIGNED. CD
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2. Identify the specific environmental enforcement and/or training objectives to be addressed by E
the project.
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A— Successful investigative completion of all reported environmental complaints of illegal
dumping, transportation, and storage of Hazardous Material and Waste, pursuant to H&S 25189
and PC 374.3.
B — Develop and maintain supervisory oversight of the SIB, to include case management and
statistic based proactive enforcement and education. 0,
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3. Identify the enforcement and/or training target audience and how the organization intends to Q
reach this audience. LO LO
The primary target audience is the business community and is currently reached through the
initiation of a complaint. Many complaints are unfounded due to reporting notification delays,
inability to assign surveillance, and lack of personnel to proactively reach the owners of Hazardous o
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Materials and Waste. v
The SIB intends to reach this audience by enhancing the complaint notification and follow up
process by enhancing the current reporting mechanism. Assigning specific oversight will enhance
reaching the target audience proactively.
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The secondary target audience is the residents and the unlicensed small businesses in the city. a
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4. Identify the environmental programs and/or statutes to be addressed by the project.
The SIB tries to protect the environment and citizens of San Bernardino by aggressively enforcing a
the Penal Code, Health and Safety Code, City Municipal Code, and Public Resource Code.
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5. Provide a description of the requesting organization. co
The San Bernardino City Fire Department is an "all risk" organization dedicated to protecting lives, M
property, and the environment.
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6. How long has the requesting organization been in existence? w
The San Bernardino City Fire Department has been in existence since 1901, and the SIB
Environmental Enforcement Program was developed in 2008.
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7. Has the organization been successful with a similar project in the past?
The SIB Environmental Enforcement Program has, since the inception, been successful working U
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with the San Bernardino County Environmental Crimes Strike Force and independently,
investigating crimes which have led to successful prosecution. CAL EPA Grants have been N
instrumental in developing and maintaining our program for the last three years. o
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8. Describe the environmental justice component of the program required under California Code of E
Regulations 10016(b)(3), or the reason(s)such a component is not included in the project.
The Specialized Investigations Bureau conducts its program in a manner that ensures the fair
treatment of people of all races, cultures, and income levels. Our department has earned the a
respect of the citizens and businesses of San Bernardino and will continue to hold true to our
values. Our investigators meet POST requirements as Peace Officers and have been trained by
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Packet Pg. 90
5.E.b
the EPA/FLETC AECI Course. Additionally, these investigators are required to been trained to
the California Fire Service Hazardous Materials Technician level.
9. Describe project completion plans/time frames and expected results.
The San Bernardino City Fire Department is committed to the Environmental Crimes section of the
SIB and has incorporated the responsibilities into the Program goals. This commitment will be a
maintained as long as there are businesses in the city that pose a threat to the public and the w
environment with Hazardous Materials and Waste. With the continued financial hardships of a a
municipality in bankruptcy, funds from outside sources are crucial to continuing this program. With L)
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grant approval, appropriate allocation of supervisory personnel and training will result in the
completion of our third investigator, and more functional operational guidelines. (see N
2015HMIUGrantGoals attachment). N
10. Explain how the applicant will evaluate and measure the success of the project, including the w
anticipated benefits and challenges in implementing the project. MA
The SIB can evaluate the success by measuring the,investigative elements of each crime, from E
notification to disposition of the case, and determine:which tasks need to be improved. The a
significant challenge facing implementation is the financial situation the fire department is facing. c
While two fire stations are being prepared to be closed, management has proposed a supervisor
be maintained for the SIB. If the proposal is denied, the SIB will again face the challenge of C
reduced investigators while all type investigations increase. The benefit of implementing the a
program is that additional trained personnel will be available to accomplish the responsibilities.
11. Provide a succinct explanation of how the project may serve as a model in other settings. 00
The SIB has been designated as the local law enforcement agency by the California Integrated
Waste Management Board with responsibility to enforce all laws pertaining to waste tire --
enforcement. Many surrounding agencies have contacted our unit in order to obtain information to a
implement similar programs in their respective jurisdictions to conduct investigations.
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12. If this grant is being requested to assist with local enforcement of environmental laws, please
provide an explanation of the substantial need for this assistance, including a lack of other
available funding sources. (NOTE: This question applies to local environmental a.
regulators only.)
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Required Supporting Materials/Documentation: o
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0 Budget projections supporting the work-plan narrative. E
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project lead.
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other organizations.
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O For Non-Profit Applicants-Documentation to support the organization fit
status,such as a copy of the organization's IRS determination letter verifying its
501(c)(3)status.
gertification and Signature:
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A person authorized to act on behalf of the applicant organization must sign this 0
application. a-
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I HAVE BEEN AUTHORIZED BY THE APPLICANT ORGANIZATION TO COMPLETE AND SIGN
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THIS APPLICATION ON ITS BEHALF,TO THE BEST OF MY KNOWLEDGE THE U
INFORMATION CONT INED IN THIS APPLICATION, INCLUDING THE WORK PLAN AND c
SUPPORTING D U ENTATI N, IS TRUE AND ACCURATE.
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Signature: N
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Name:
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Title: C'/12a'i / SJp ojo2 •E
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Telephone No.: �o 9 ?X3 - 6",u 0
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E-mail Address: G n1����Sv�CT1,ae& 0
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Thank you for your interest in the CalEPA Environmental Enforcement and Training Grant
Program. You will be notified of the Secretary's decision concerning
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Required Supporting Materials/Documentation:
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THIS APPLICATION ON ITS BEHALF.TO THE BEST OF MY KNOWLEDGE THE
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Name: 1 C4W
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Telephone No.: rah'y
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E-mail Address: -L• .>`tnr►e. All f}.S!<..rl(,
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Thank you for your interest in the CaIEPA Environmental Enforcement and Training Grant Q
Program. You will be notified of the Secretary's decision concerning this application and any w
necessary follow-up within 90 days of the close of the application period.
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Supervisor's Name: ------tvS-� � -Jeff Noyinger Q
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this application and any necessary follow-up within 90 days of the close of the application period.
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Attendees: PC832 Arrest,Search and Seizure and Firearms,January 26-30,and October 21-26,2015
Dept: 200
Program: Fire&Rescue Ops
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Name: BREINER,GREGORY
Title: Fire Engineer
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Dates: 1/26 1/27 1/28 1/29 1130 10/21 10/23 10/25 10/26 total Hourly Rate Total Hourly Total Cost Q
Backfill 0 0 12 12 12 0 0 12 12 60 33.0805 33.66 2,019.60 U
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San Bernardino City Fire Department t
SPECIAL IN VESTIGA TION B UREA U
Hazardous Materials Investigation Unit
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2015 Goals v
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Cross-train Arson Investigators to increase unit size from 2 to 5 members,add one new {
member, increasing size of HMIU to 6 members (5 Investigators and 1 Supervisor) N
Requisition and receive HMIU equipment and uniforms
Update team qualifications and investigative responsibility and priorities
Enhance reporting and assignment procedures N
Participate with San Bernardino County DA Special Prosecution Group
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San Bernardino City Fire Department
Special h);,c,,maatiotzs Bijreau _
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Please consider the following equipment to he included in our 2014 EPA Grant request: U
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2 Digital pH Meter $107 i
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6 Level B PPE suits $750
Pelican LED Lighting $2,872 Q
9 Disposable HazMat Boots 119
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The equipment will he used to accomplish Items# 1,?„4,8,and 9 of the Narrative/Work Plan of the
2014 Grant Application.
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Thank You,
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Gregory Breiner nQ.
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EXHIBIT E
GRANT DISBURSEMENT REQUEST L
GRANT #: EETAG1404
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Total Environmental Enforcement& Training
Account(EETA) Allocation For (check one box c
only): N
X EETA Discretionary Grant Program
Allocation of$24,500 N
CDAA Environmental Training Project
CDAA Environmental Circuit Prosecutor Project
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POST or POST-declined Discretionary Funds Mn
— — 100% in Third Quarter FY 2014/15 E
Funds will be disbursed by check as follows: (January-March 2015)
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Total match (in kind)funding required (if applicable): NIA
_ San Bernardino City Fire Department C
Make Check Payable To: 200 E. Third Street
San Bernardino, CA 92410 a
I certify to the best of my knowledge and belief that the information contained in the
grant disbursement request, is correct and complete and is in accordance with the
grant. In addition, I hereby authorize the Air Resources Board to make any inquiries to
confirm this information.
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San Bernardino City Fire Department
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Signature of Authorized Official a
-aAffi-tAf; BEER JEFF NOVINGER(OR DESIGNEE) w
Battalion Chief Q
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Air Resources Board, Financial Operations Branch Approval CD
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Date:
Signature of Authorized Official E
Air Resources Board
Financial Operations Branch a
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Packet Pg.105