HomeMy WebLinkAbout05.O- Public Works RESOLUTION (ID # 4487) DOC ID: 4487 B
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Grant
From: Chris Alanis M/CC Meeting Date: 07/05/2016
Prepared by: Timothy J. O'Neal, (909)
384-5353 x1054
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Submittal of Oil Payment Program Application and Accepting Funds from the
Department of Resources Recycling and Recovery (CalRecycle). (#4487)
Current Business Registration Certificate: Not Applicable
Financial Impact:
This request to submitt a grant application to the Department of Resources Recycling
and Recovery, If approved, would result in approximately an additional $58,000 in
revenues and expenditures within the Integrated Waste Management Fund.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
05/15/06 Resolution 2006-141 authorizing submittal of the application for grant
funds provided by the California Integrated Waste Management Board.
05/23/07 Resolution 2007-166 authorizing submittal of the application for grant
funds provided by the California Integrated Waste Management Board.
07/21/08 Resolution 2008-287 authorizing submittal of the application for grant
funds provided by the California Integrated Waste Management Board.
08/03/09 Resolution 2009-282 ratifying submittal of the application for grant funds
provided by the California Integrated Waste Management Board.
08/16/10 Resolution 2010-287 ratifying submittal of the application for funds
provided by the Department of Resources Recycling and Recovery.
07/18/11 Resolution 2011-225 ratifying submittal of the application for funds
provided by the Department of Resources Recycling and Recovery.
07/16/12 Resolution 2012-1841 authorizing submittal of the application for funds
provided by the Department of Resources Recycling and Recovery.
06/17/13 Resolution 2013-116 authorizing submittal of the application and accepted
funds provided by the Department of Resources Recycling and Recovery.
07/21/14 Resolution 2014-287 authorizing submittal of the application and accepted
funds provided by the Department of Resources Recycling and Recovery.
06/18/2015 Resolution 2015-125 authorizing submittal of the application and
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Updated: 6/27/2016 by Georgeann "Gigi" Hanna B , ��
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4487
accepting funds provided by the Department of Resources Recycling and
Recovery.
Background:
The California Oil Recycling Enhancement Act (Public Resources Code 48600)
provides for funding to assist local governments in developing and maintaining used oil
and used oil filter collection/recycling programs in their communities. In 2009, Senate
Bill 546 was enacted and made changes to the Act including: changing the funding from
a reimbursable grant program formerly known as the Used Oil Block Grant Program
(UBG) to a payment program referred to as the Oil Payment Program (OPP) and
encouraging local governments to use a minimum of $1 million (approximately 10
percent of their individual funding) on the collection and recycling of used oil filters. The
utilization of OPP funds have enabled the City to provide residents with used oil and
filter collection containers, maintain certified used oil collection centers throughout the
City, and provide public education programs.
The FY 2016-17 OPP Cycle 7 application, if approved, will provide an estimated
$58,000 to enhance and maintain the City's current used oil and filter recycling program.
A portion of these funds will be used to offset personnel costs within the Public Works
Department, Environmental Projects Division. The remaining funding will be utilized to
purchase materials and supplies necessary for program implementation and promotion.
The City has received oil recycling funds from CalRecycle for the past 20 years. In the
FY 2015-16 funding cycle, the City received $58,769.
The City has met the application deadline date of June 30, 2016 and the status will be
pending upon submission of signed Resolution. Proposed projects include the
continuation of the used oil and filter recycling program, distribution of used oil and filter
collection containers for residents, public education programs, storm water mitigation
and community events.
The grant term is from July 1, 2016 through June 30, 2018. The City will receive an
estimated $58,000 for the term and will have two years to expend the funds.
City Attorney Review:
Supporting Documents:
Reso FOR OPP 7 (DOC)
OPP Cycle 7 Guidelines (PDF)
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Updated: 6/27/2016 by Georgeann "Gigi" Hanna B Packe345y
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1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE SUBMITTAL OF OIL PAYMENT
3 PROGRAM APPLICATION AND ACCEPTING FUNDS FROM THE DEPARTMENT
4 OF RESOURCES RECYCLING AND RECOVERY(CALRECYCLE).
5 WHEREAS, the State of California Oil Recycle Enhancement Act provides funds to
6 cities and counties for establishing and maintaining local used oil collection programs that
7 encourage recycling of used motor oil and filters; and ti
8 a
WHEREAS, the Department of Resources Recycling and Recovery (CalRecycle) has o
9 E
10 been delegated the responsibility for the administration of the program with the State, setting o
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11 up necessary procedures governing applications of cities and counties under the program; and
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12 WHEREAS, The City of San Bernardino, as applicant, will enter into the agreement M
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13 with the State of California for the implementation and maintenance of an Oil Payment 0
14
Program (OPP) that offers used oil and filter recycling opportunities for residents and
15 co
encourages the proper disposal of used motor oil and filters;
16 n
17 NOW, THERFORE, BE IT RESOLVED BY THE MAYOR AND THE a
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18 COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 0
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19 SECTION 1. That the Mayor and Common Council of the City of San Bernardino
20 authorize the submittal of an application to the Department of Resources Recycling and E
21
Recovery(CalRecycle) for the FY 2016-2017 Oil Payment Program, Cycle 7, a copy of which
22 a
23 is attached hereto as Exhibit "A". The City Manager, or his/her designee, is hereby authorized
24 as Signature Authority to execute all documents necessary to implement and secure payment
25 under the Used Oil Payment Program.
26
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1
IWAIF-
aA ,
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE SUBMITTAL OF OIL PAYMENT
2 PROGRAM APPLICATION AND ACCEPTING FUNDS FROM THE DEPARTMENT
OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE).
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting
6
7 thereof, held on the day of , 2016, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT n°".
O
9 MARQUEZ E
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10 BARRIOS a.
11
VALDIVIA E
12 M
13 SHORETT o
a
14 NICKEL
15 RICHARD o
10
16 MULVIHILL
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17 0
18 0
19 Georgeann Hanna, City Clerk 0
20 The foregoing resolution is hereby approved this day of 12016.
21
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22 R. Carey Davis, Mayor a
23 City of San Bernardino
24 Approved as to form:
25 Gary D. Saenz, City Attorney
26 By:
27
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2
clecycle
May 2016
Department of Resources Recycling and Recovery
USED OIL PAYMENT PROGRAM
Guidelines for Cycle 7 (OPP7)
Fiscal Year 2016-17
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RECYCLE E
USED OIL lim
Table of Contents a
Overview and Statutory Authority.................................................................................... 2
Timelineand Cycle Activity ............................................................................................. 2
CharterCities .................................................................................................................. 3 °_-
Eligibility.......................................................................................................................... 3 0
.e•► Application Process......................................................................................................... 3 u
AuthorizingDocumentation ............................................................................................. 4
Noticeof Award............................................................................................................... 5 �
ApplicationRevisions ...................................................................................................... 5
Denialof Application........................................................................................................ 5
TermAnd Payments........................................................................................................ 5
Expenditures ................................................................................................................... 6
EligibleCosts .................................................................................................................. 6
IneligibleCosts................................................................................................................ 7 ;,
Publicity, Education, and Outreach ................................................................................. 8 a.
a
Graphics.......................................................................................................................... 9 0
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Certified Collection Center (CCC) Site Visit Requirements............................................. 9
StormwaterMitigation...................................................................................................... 9 E
AnnualReporting ............................................................................................................ 9
ExpenditureReporting................................................................................................... 10 a
UnspentFunds.............................................................................................................. 10
Audit, Accounting, and Records Retention.................................................................... 10
DiscretionaryTermination ............................................................................................. 11
Terminationfor Cause................................................................................................... 11
Indemnity....................................................................................................................... 11
Compliance ................................................................................................................... 11
` Definitions ..................................................................................................................... 11
Submittal of a Used Oil Payment Program (OPP) Application constitutes
acceptance of these Guidelines as the controlling requirements for receiving,
spending, and accounting for OPP funds and for annual reporting. The
application and these Guidelines shall constitute the OPP Agreement.
OVERVIEW AND STATUTORY AUTHORITY
The California Public Resources Code (PRC) section 48600 et seq. describes the
California Oil Recycling Enhancement Act (Act), which, among other things, provides up
to $11 million annually in payments to local governments for implementation of local
used oil and filter collection programs. The Department of Resources Recycling and
Recovery (CalRecycle) is responsible for administering the OPP. These Guidelines
describe the application and administrative processes to implement the OPP Cycle 7.
Payment-Recipients (recipients) are responsible and accountable for ensuring that
expenditures are appropriate and that proper internal supporting documentation is a
maintained. To ensure full compliance with OPP's processes and requirements, OPP a
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applicants/recipients must adhere to these Guidelines and the program provisions set E
out in the Act, notably PRC sections 48674, 48690, and 48691. L
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OPP applications are submitted online through the Local Government Oil Payment °-
Program (LoGOPP) system. A WebPass is required to obtain access to LoGOPP. If E
you already have a WebPass from applying for previous CalRecycle grant or payment
cycles, use the same WebPass for LoGOPP. a_
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Timeline and Cycle Activity
Dates Activity
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June 30, 2016 Application Due Date
• Applications must be submitted in LoGOPP by N
11:59 p.m. on this date.
• Customer service will be available until 4:00 p.m.
July 28, 2016 Documents Due Date
• Approved Resolution must be uploaded in LoGOPP by
this date.
April 2017 Payments Awarded
• Unless an October 2016 payment is requested by the n
applicant and subsequently approved by CalRecycle. °
July 1, 2016 — Cycle Term Dates
June 30, 2018
August 15, 2017 and Annual Report Due Dates a
August 15, 2018 Due no later than August 15th of each year during
performance period.
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Used Oil Payment Program,OPP7(FY 2016-17)
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CHARTER CITIES
California Labor Code section 1782 prohibits a charter city from receiving state funding
or financial assistance for construction projects if that charter city does not comply with
Labor Code sections 1770-1782. If any applicants or participating jurisdictions are
charter cities or joint powers authorities that include charter cities, the lead applicant
must certify that Labor Code section 1782 does not prohibit any included charter city
from receiving state funds for the project described in this application. If it is determined
after award that a participating jurisdiction is a charter city prohibited from receiving
state funds for their project, the award will be terminated and any disbursed OPP funds
shall be returned to CalRecycle.
ELIGIBILITY
Applicants are limited to local governments, which are defined in statute as "any
chartered or general law city, chartered or general law county, or any city and county." a
CalRecycle may make a payment to another entity that will implement the program on o
behalf of a local government (in lieu of making a payment to that local government) with E
the agreement of that local government.
Applicants that comply with PRC sections 48690 and 48691 are eligible to apply for a
and, if approved, receive payment through the OPP. Applicants must have a used oil
collection program which provides either of the following or a combination of the two: E
• Ensures there is at least one certified used oil collection center (CCC) for every W
100,000 residents not served by curbside collection. —
Provides used oil curbside collection at least once a month.
In addition to meeting at least one of the requirements above, applicants must have a
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public education component that informs the public of locally available used oil recycling o
opportunities.
Regional Application Requirements
Local governments may join together in a regional application, in which two or more
eligible jurisdictions join together for the purpose of project implementation. A Regional
Lead Participant (Lead) must be designated to act on behalf of all participating
jurisdictions. The Lead is the applicant who will be responsible for the performance of
the OPP and all required documentation. CalRecycle will direct all official
correspondence and payments to the Lead. If a jurisdiction is a participant in a regional o
application, it may not apply individually.
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APPLICATION PROCESS s
The application process requires that applicants must:
1. Submit a completed online application to CalRecycle by the application due date a
and upload an electronic (scanned) version of the signed application certification
page in the online system.
2. Retain in its OPP file the original hard copy of the application certification page
signed by applicant's signature authority.
3. Submit the authorizing documents by the documents due date (see the Timeline
and Cycle Activity table for due date).
An important application approval requirement includes the submittal of the following:
1. Submit a completed annual report on LoGOPP (see Timeline and Cycle
Activity for due date) for all active OPP cycles.
2. Have no outstanding debt(s) owed to CalRecycle.
1
Used Oil Payment Program,OPP7(FY 2016-17) PaCketPgs 35Q-41
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3. Return any unspent funds to CalRecycle by August 15 (see Unspent Funds
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section).
If you have any questions regarding the application process, please call (916) 324-8867
or send an e-mail to: GrantAssistance(a)CaI Recycle.ca.gov. Technical assistance will
be provided until 4:00 p.m. on the application due date.
AUTHORIZING DOCUMENTATION
Below is a list of documents that the applicant is responsible for preparing and
uploading to their application. For examples of these documents, please see
CalRecycle's Resolution and Letter Examples web page.
Resolution
Any applicant that is subject to a governing body must upload a Resolution that a
authorizes payment program-related matters. A copy of the authorizing Resolution is a a
required document that must be uploaded no later than the document due date. 0 0
Resolution requirements vary for individual and regional applications.
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Resolution for individual applicants: a.
Use the Payment Program Individual Jurisdiction Resolution template.
• It must authorize the submittal of the payment program application. E
• It must identify the job title or his/her designee authorized as Signature Authority _a
to execute all documents necessary to implement and secure payment. o
• The Resolution can be effective until rescinded or specify an end date. y
..� Resolution for Regional applicants:
Use the Payment Program Regional Lead Participant Resolution template. �
• The Regional Lead Participant (Lead) must submit an approved Resolution that U)
authorizes it to act as a lead for a regional program.
• It must include a list of participants.
• It must identify the job title or his/her designee authorized as Signature Authority
to execute all documents necessary to implement and secure payment. ti
• The Resolution can be effective until rescinded or specify an end date.
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Note: Existing approved multi-year OPP Resolutions will still be accepted. However, if a
a new resolution is required at this time we are encouraging the use of general payment
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program language, as shown in our Resolution and Letter Examples web page. E
Letter of Commitment
Applicants not subject to a governing body must upload a Letter of Commitment that a
authorizes payment program-related matters.
• It must be prepared on the Applicant's official letterhead.
• It must authorize the submittal of payment program applications
• It must identify the job title or his/her designee authorized as Signature Authority
to execute all documents necessary to implement and secure payment.
• It must state that it is effective until rescinded or specify an end date.
• It must be signed by a person with authority to contractually bind the applicant.
Note: The choice of the Signature Authority is very important because the individual
who holds the designated job title is responsible for signing all OPP documents for as
long as the Resolution is valid
Used Oil Payment Program,OPP7(FY 2016-17)
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Letter of Designation
When authorized by Resolution or Letter of Commitment, the Signature Authority may
designate another person the authority to sign and submit required documents, such as
the applications, annual reports, or extension requests. This delegation may be done
either at the time of application or later; however, it must be uploaded into the LoGOPP
system and accepted by CalRecycle staff prior to the designee's exercise of his/her
authority. If applicable to your application, use the Letter of Designation template and
include the information below.
• It must be prepared on the applicants official letterhead
• It must identify the job title of the designee and identify the scope of the
designee's authority.
• It must contain one of the following (not to exceed the timeframe of the
Resolution): a specific end date; valid until rescinded or valid concurrent with the
Resolution. a
• It must be signed by the Signature Authority. 0
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NOTICE OF AWARD
Upon approval of annual reports and applications, recipients will be notified by email
that an OPP award has been awarded and that they are authorized to incur costs and °
expend funds in furtherance of their programs. Expenditures incurred prior to the award
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notice, but after the cycle term start date, are subject to the Guidelines of OPP7, and
are incurred at the recipient's own risk. A listing of the award amounts for all recipients °-
will be posted on the OPP web page. 0
APPLICATION REVISIONS
Once approved, the recipient/regional lead is contractually bound to carry out the used
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oil program in accordance with the OPP Guidelines. The recipient and/or any regional
participant that submitted a Letter of Authorization cannot withdraw or amend their
application.
DENIAL OF APPLICATION
CalRecycle will notify an applicant and provide the reasons for denial of an application.
In such cases, potential applicants are encouraged to contact and work with CalRecycle
to ensure that its jurisdiction meets the necessary requirements prior to the next U
application cycle. a
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TERM AND PAYMENTS
The term of the OPP cycle is 24 months (refer to the Timeline and Cycle Activity table E
for the cycle term dates) and funds must be expended or returned to CalRecycle as U
described in the Unspent Funds section. a
Payments must be placed into an interest bearing account. Tracking and reporting of
interest earned (if any) on the payment is not required. All interest accrued and
received from the OPP funds shall be used only for eligible expenses related to the
performance of this Agreement.
As part of the application process, an applicant may request receipt of its annual
payment in October. For CalRecycle to approve this request, all funds from any
previous OPP cycles must be spent.
Used Oil Payment Program,OPP7(FY 2016-17) G tN a
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EXPENDITURES
Used oil and used oil filter collection and recycling activities, educational activities, and
mitigation of used oil in stormwater runoff are statutory components of local used oil
collection programs (PRC § 48691). Accordingly, these activities should be the focus of
OPP expenditures.
The recipient must expend all of the available funds from the oldest OPP cycle prior to
spending any funds from more recent OPP cycle. It is acceptable to split an invoice
across two separate OPP cycles in order to "zero out" all funds in the oldest OPP cycle
before using funds from a more recent OPP cycle. Expenditures that are split need to
be clearly identified and retained in both cycle files to facilitate review and retention
(See the Audits, Accounting, and Records Retention section).
ELIGIBLE COSTS
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All expenditures must be for the purposes of establishing and maintaining a used oil °0-
program as set forth in PRC § 48690 and 48691. Eligible costs must be incurred and/or 0
accrued during the term for which they are reported. Preapprovals are required in L
writing by a Program Advisor for any expenditures not specified. 0
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Expenditures Requiring Approval
Expenditures associated with the tasks or products listed below must be approved in a
writing by the Program Advisor prior to purchase or production. Please retain all a
approvals for audit purposes. Items not pre-approved may not be an eligible o
expenditure. 0
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Allow at least five working days for approval of the following items:
• Functional items if the cost exceeds $25 per person. co
• All television, video, and radio scripts. N
• Developing, purchasing and/or distributing useful educational materials informing
the public about used oil and used oil filter collection and recycling. Examples
include, but are not limited to, newspaper advertisements, brochures, flyers, and
utility inserts.
• School presentations (submit script and presentation purpose).
• Purchase of equipment over $500.
• Construction activities.
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• Used oil stormwater mitigation activities pursuant to PRC § 48691 (Refer to 0
Stormwater Mitigation section).
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Pre-approved expenditures include, but are not limited to:
• Maintaining a used oil and filter program. a
• Developing, purchasing and/or distributing the following Used Oil Program
materials that have a functional purpose associated with an environmental
benefit: marine absorbent bilge pads, oil funnels, oil drain containers, oil change
rags, new oil filters for exchanges, Ziploc-type filter bags, cardboard creepers,
filter wrenches, dirty filter recycling containers, maps of collection centers, and
tide charts. OPP funding can be for oil change kits, but each kit cannot exceed
$25 (excluding sales tax) and each item, whether it is included in the kit or
distributed separately, cannot exceed $12 (excluding sales tax). Program
Advisor approval is required for items not on this pre-approved list.
• Tablet electronic devices (typically seven inches or more in diameter measured
diagonally) with a maximum price of$500, used primarily for the purposes of PpUsed Oil Payment Program,OPP7(FY 2016-17) , � _tMfp `�s'"�'�� gy.
public education or outreach. Additional costs can be spent on accessories for
charging, item protection, and security at events.
• Certified Unified Program Agency (CUPA) or other agency inspection fees
directly related to establishing and maintaining an effective oil and oil filter
collection and recycling program.
• All lab fees related to testing oil samples for contamination in used oil tanks.
• Test kits and other equipment related to monitoring the contaminants in oil tanks.
• HAZWOPER 8-hour refresher course.
• Indirect/overhead costs up to 10 percent of the OPP eligible expenditures. (Note:
This limitation applies to recipients and consultants/contractors who administer
and/or implement a program.)
• Purchase or rental of storage containers or portable sheds dedicated to oil-
related activities and supplies.
• Cost of Installation of storage containers or sheds solely for protection of oil a
related equipment and/or supplies. o
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INELIGIBLE COSTS
Any expenditure that does not directly support used oil and/or used oil filter collection, a
recycling and/or educational activities, mitigation of used oil in stormwater, or expenses
not directly related to recipient's (or consultant's/contractor's) administration of the OPP
are ineligible for funding. >
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Ineligible costs include, but are not limited to: O
• Costs incurred before July 1, 2016 or after June 30, 2018. N
• Developing, purchasing, or distributing strictly promotional give-away items.
Examples include, but are not limited to; key chains, letter openers, squeegee co
toys, coffee mugs, water bottles, Frisbees, hats, t-shirts, chip clips, pens, pencils,
beanie babies, screwdrivers, coloring books, small recycling containers for
pencils, dried sponges, flash drives, and reusable bags.
• Purchase or lease of land or buildings. a
• Costs currently covered by or incurred under any other loan, grant, or contract.
• Remediation activities (any cleanup or restoration of polluted areas).
• Purchase of data plans. ;,
• Costs related to computer applications or software.
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• HAZWOPER 40-hour and 24-hour courses. o
• Enforcement activities.
• Preparation of Household Hazardous Waste (HHW) elements.
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• Construction and development of any HHW facility that does not have a used oil
or used oil filter collection component. a
• Construction and development of any HHW permanent facility on non-local
government-owned property.
• Transportation and disposal of non-oil HHW from any facility or event.
• Maintaining equipment, materials, or supplies at HHW facilities or ABOP
(antifreeze, battery, oil, and paint) facilities not directly related to the collection of
used oil and used oil filters.
• Fines or penalties due to violation of federal, State or local laws, ordinances, or
regulations, including CUPA fines or penalties.
• Employee time off (vacation or sick leave).
• Food or beverages (e.g., as part of meetings, workshops, or events).
• Cell phones.
Used Oil Payment Program,OPP7(FY 2016-17)
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• Out-of-state travel.
® • Travel costs exceeding the state-approved rates for mileage, per diem, lodging,
etc.
• Audit expenses.
• Re-refined oil expenses.
• Any costs not consistent with local, state, or federal laws, guidelines, and
regulations.
• Costs deemed unreasonable or not related to the project by the Program
Advisor.
PUBLICITY, EDUCATION, AND OUTREACH
Used oil publicity, education, and outreach material must directly relate to the collection
and recycling of used oil and/or used oil filters, proper oil disposal practices and/or the n
mitigation of used oil in stormwater activities. The materials must be functional, as a
discussed in Eligible Costs, encourage behavioral change, or provide an educational o
opportunity for the public. F
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• To be eligible for 100 percent reimbursement the publicity, education, and
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outreach materials must be exclusively devoted to used oil or used oil filter
collection and recycling, and/or the mitigation of used oil in stormwater activities. E
• To be eligible for 50 percent reimbursement the materials must have at least half a
of the text or images relate to used oil or used oil filter collection and recycling —
and/or mitigation of used oil in stormwater activities and can have substantial 0
coverage of other programs or subjects. U)
To be eligible for 25 percent reimbursement the materials can have less than half
■� of the text or images relate to used oil or used oil filter collection and recycling w
and/or mitigation of used oil in stormwater activities and can have substantial
coverage of coverage of other programs or subjects.
• Materials where used oil and used oil filter collection and recycling is not a
primary focus, where used oil and used oil filter collection and recycling is only
incidentally mentioned, or that do not meet the other requirements are not eligible c�
for any reimbursement.
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Acknowledgement
Recipients are required to acknowledge CalRecycle's support when activities or projects o
funded, in whole or in part are publicized in any news media, brochures, articles, 0
seminars or other type of promotional material. Public education and outreach
I materials must provide: E
• The acknowledgement of CalRecycle's support must incorporate the CalRecycle
logo. Initials or abbreviations for CalRecycle shall not be used. a
• The "Used Oil Drop" logo with the words "Recycle Used Oil" or"Recycle Used Oil
and Used Oil Filters" as appropriate. On any material produced in four or more
colors, use the state colors (blue oil drop on yellow background) for this logo.
(The color designation for professional printing is Yale Blue-Pantone 286C;
Golden Yellow-Pantone 123C.)
• Information on used oil and used oil filter collection and recycling/disposal.
• A list of used oil collection centers within the targeted community or a local
telephone number or web site to obtain further information on local collection
centers. (Use the 1-800-CLEANUP number or Earth911 website if your
jurisdiction does not maintain its own 24-hour hotline.)
Used Oil Payment Program,OPP7(FY 2016-17)
The Program Advisor may approve a deviation from the prescribed language on a case-
by-case basis.
GRAPHICS
Graphics are available on our Used Oil and Household Hazardous Waste Graphics web
page. A CalRecycle sticker (bumper sticker size) that displays the statement:
"Equipment funded by CalRecycle" is required to be affixed to all large pieces of
equipment purchased with OPP funds. Contact your Program Advisor for CalRecycle
and oil program related graphics.
CERTIFIED COLLECTION CENTER (CCC) SITE VISIT REQUIREMENTS
For recipients who administer their used oil program in coordination with a CCC, it is a
program requirement that a site visit be made annually to a minimum of one CCC site
per 100,000 residents being served by the used oil program. When a site visit is a
conducted, the jurisdiction needs to complete a Certified Center Site Visit Checklist form o
(CalRecycle 664). This form may be found under "Used Oil Recycling" on the Grant E
Forms web page. The completed form is to be retained in the cycle file and jurisdictions L
will report the total number of site visits made by the jurisdiction in the online Annual 0-
Report. a
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STORMWATER MITIGATION E
Since the passage of stormwater related legislation in January 2002, some stormwater a
mitigation expenditures are considered eligible expenses through the OPP. To be o
considered eligible, each jurisdiction must certify that it has a stormwater mitigation
program that was approved by its local Regional Water Quality Control Board.
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Stormwater mitigation is defined in PRC section 48618.4 to include "...the prevention of 4
stormwater pollution from used oil and oil byproducts and the reduction or alleviation of the
effect of stormwater pollution from used oil and oil byproducts by means of action taken on
public property." 5
Mitigation includes the installation of devices and implementation of practices that prevent
used oil and oil byproducts from causing stormwater pollution. Mitigation does not include
the cleanup or restoration of polluted areas.
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Please contact your Program Advisor for pre-approval of any stormwater mitigation p
activities. w
ANNUAL REPORTING
Annual reporting is a statutory requirement for ongoing eligibility for all OPP. Recipients a
must meet CalRecycle's online reporting requirements. The annual reports for this
cycle must be submitted no later than August 15th of each calendar year. When a due
date falls on a Saturday or Sunday, the online report must be submitted by the following
Monday. Failure to meet this reporting due date may result in the denial of future
funding.
Upon completion of the online annual report (including the expenditures portion of the
report), the report certification page is to be printed out and given to the signature
authority for approval and signature. The signed annual report certification page is to
be uploaded to the online system (by the recipient) and the original signed hard copy is
to be retained in the recipient's cycle file. If the recipient is unable to upload the signed
Used Oil Payment Program,OPP7(FY 2016-17)
annual report certification page, they should scan and email or fax it to their Program
Advisor for uploading. Program Advisors will review and approve the submitted reports.
EXPENDITURE REPORTING
All expenditures shall be reported through the LoGOPP system. Expenditures must be
tracked through the Used Oil Payment Program Expenditure Worksheet form
(CalRecycle 732) and uploaded in the documents tab of the annual report. This form
may be found under "Used Oil Recycling" on the Grant Forms web page. The original
hard copy of CalRecycle 732 is to be retained in the recipient's cycle file. Definitions for
the OPP expenditure categories can be found on the Definitions for the OPP Fiscal
Expenditure Categories page.
UNSPENTFUNDS
Funds that are unspent at the end of the OPP term must be reimbursed by check to i
CalRecycle by August 15t'. Checks must contain the OPP number (i.e., OPP7-14- o
xxxx), specify "OPP Unspent Funds," and be mailed to: E
CalRecycle, Accounting o
OPP Unspent Funds °-
P.O. Box 4025
Sacramento, CA 95812-4025 E
a
Unspent funds due to CalRecycle but left unpaid may result in a recipient not being o
eligible for future OPP funding. If there are questions or other issues related to
expenditures, work with your Program Advisor to resolve these issues. M
AUDIT, ACCOUNTING, AND RECORDS RETENTION 00
Recipients are responsible and accountable for ensuring that expenditures are
appropriate and that proper internal supporting documentation is maintained to provide
clear separate tracking of OPP funds and related transactions for fiscal program w
management and audit purposes. To ensure full compliance with OPP's processes and
requirements, OPP applicants/recipients must adhere to these Guidelines and the
program provisions set out in the Act, notably PRC sections 48674, 48690, and 48691.
Recipients must account for all OPP funds in a manner that provides for clear tracking a
of expenditures in accordance with generally accepted accounting principles. Proper p
business procedures dictate that OPP supporting documentation (including, but not
limited to, the original signed application certification and annual report summary pages, E
invoices, payroll registers/logs, travel expense claim forms, proof of pre-approval, etc.)
be retained in a single file to facilitate review and retention, as well as maintenance of a
clear paper/audit trail. Recipients must follow their jurisdiction's purchasing and/or a
contracting policies/requirements and ensure the proper and exclusive use of items
purchased with OPP funds.
OPP funds are subject to audit. CalRecycle, 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 use of OPP funds
and shall have the right to interview staff relevant to the audit. Recipient shall include
this provision in all contracts and subcontracts funded in whole or in part from OPP
funds.
Used Oil Payment Program,OPP7(FY 2016-17) � � 'e�� "AW,
Examples of documentation subject to audit include, but are not limited to, expenditure
ledgers, payroll register entries, time sheets, travel logs, paid warrants, contracts and
change orders, samples/pictures of items and materials developed with OPP funds,
invoices, receipts, proof of pre-approval, and canceled checks. All such records shall
be maintained for possible audit for a minimum of three years after the OPP term end
date, or until completion of any action and resolution of all issues, which may arise as a
result of any litigation, dispute, or audit, whichever is later.
Audit findings against recipients can result in the need for reimbursement of OPP funds,
and/or ineligibility for future OPP funds.
DISCRETIONARY TERMINATION
The Director of CalRecycle or his/her designee shall have the right to terminate this
Agreement at his/her sole discretion at any time upon thirty (30) days written notice to a
the Recipient. Within forty-five (45) days of receipt of written notice, the recipient is a.
required to: 0 0
1. Submit a final written report to the appropriate Program Advisor describing all
work performed by the recipient and provide an accounting of all funds expended o
up to and including the date of termination; and, a
2. Reimburse CalRecycle any unspent funds.
TERMINATION FOR CAUSE a
In the event the recipient fails to comply with the requirements of these Guidelines at o
the time and in the manner herein provided, CalRecycle may terminate the OPP
Agreement.
Recipients are encouraged to discuss any problems they may have in complying with co
1 these Guidelines with their Program Advisor to determine if CalRecycle can be of
assistance. 4)
INDEMNITY
Recipient agrees to indemnify, defend and save harmless the state and CalRecycle,
and their officers, agents, and employees from any and all claims and/or losses
accruing or resulting from the performance of OPP.
o.
COMPLIANCE o
Recipient shall comply fully with all applicable federal, state, and local laws, ordinances, c
regulations, and permits. CD
DEFINITIONS M
For purposes of the OPP, the following definitions apply: a
Consultant. A professional who advises on or manages the OPP on behalf of an OPP
recipient.
Contractor. An individual, business, or company with which the recipient enters into an
agreement to perform program-related services or activities including providing
materials or supplies for oil and oil filter collection/recycling projects. (Note: Also refer
to the subcontractor definition).
Indirect/Overhead Costs. These costs are expenditures not capable of being
assigned or not readily available to a particular project or activity but considered
Used Oil Payment Program,OPP7(FY 2016-17) " "� .�'° "
necessary for the operation of the recipient's business and the performance of the OPP.
Examples include costs of operating and maintaining facilities, accounting services, and
administrative salaries.
Letter of Authorization. A letter submitted by a regional participant to authorize
another jurisdiction (regional lead) to apply for and to act on its behalf in the
implementation and administration of the OPP.
Letter of Commitment. A letter from an applicant, not subject to a governing body, that
authorizes submittal of OPP applications.
Letter of Designation. A letter submitted by an applicant's signature authority that
delegates his/her authority to another individual (identified by job title not name) as --
authorized in the resolution or letter of authorization. The person to whom this authority a.
is delegated is the "authorized designee" OPP. The acronym means the Used Oil o
Payment Program (see Used Oil Payment Program definition below). E
L
Program Advisor. The CalRecycle staff person responsible for monitoring the OPP o
and related program activities for a particular jurisdiction. °.
c
a�
Payment Recipient or Recipient. The recipient of funds pursuant to PRC § 48690 et
seq. The recipient may be a local government (which includes any chartered or general n.
law city, chartered or general law county, or any city and county) and/or a public 0
agency/entity or special district that has been given the authorization to act on behalf of
Je, a local government. D
Signature Authority. The title of the person authorized by an adopted Resolution, co co
letter of commitment, or letter of designation to sign all grant-related documents on
behalf of the authorizing entity.
Subcontractor. An individual, business or company with which the recipient's
contractor enters into an agreement to perform program-related services or activities, or
provide materials or supplies for oil and oil filter recycling/collection-related projects,
services or activities.
Used Oil Payment Program (OPP). The used oil program established pursuant to p
PRC § 48690 et seq., that provides payments/funding to eligible participants for
establishing and maintaining an effective local used oil and used oil filter E
collection/recycling program. Contact your assigned used oil program advisor if you
have questions about the application process or other questions during the payment a
term.
Used Oil Payment Program,OPP7(FY 2016-17) lihaCketNg ;B„ 8„'