Resolution Examples: CalRecycle Grants

The following provides guidance to grant applicants and regional participants who are required to submit a resolution or other documentation authorizing, among other things, authority to submit the grant application. The following identifies required information and provides sample language. Please consult with your attorney before using the sample language.

NOTE: These examples do not apply to the Used Oil Payment Program (OPP).

The following example resolutions provide authorization language for:

• Single Applicants Applying on Own Behalf
• Local Public Agencies Regional Participants in a Grant Project

Single Applicants Applying on Own Behalf

Applicants, who are subject to a governing body, must submit a resolution that specifically authorizes certain grant-related matters. The following identifies required resolution provisions.

• The resolution must authorize submittal of an application for one or more specifically named CalRecycle grant(s) or for all CalRecycle grants for which the applicant is eligible.
• The resolution must identify the period of time, up to 5 years, during which the authorization are valid. Five years is encouraged; however, periods of less than 5 years are acceptable. If a resolution submitted to CalRecycle does not specifically identify a period of time, it will be considered valid for one year from the date of adoption.
• The resolution must identify the job title of the person authorized to sign all grant-related documents necessary to implement and close-out the grant(s) (Signature Authority).
• (Optional but encouraged) The resolution should authorize the Signature Authority to delegate his/her signature authority to another person identified by job title.

Example

The following “Whereas” provisions are applicable to all CalRecycle grants; however, they are not required.

RESOLUTION OF THE (Name Of The Governing Body) AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH (Name of Applicant) IS ELIGIBLE.

WHEREAS, Public Resources Code sections 40000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste Management Board, to administer various Grant Programs (grants) in furtherance of the state of California’s (State) efforts to reduce, recycle and reuse solid waste generated in the State thereby preserving landfill capacity and protecting public health and safety and the environment; and

WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and

WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED that the (Title of Governing Body) authorizes the submittal of application(s) to CalRecycle for (choose one of the following options) 1) (names(s) of specific grants)) or 2) all grants for which (Name of Applicant) is eligible. [Note: this provision is either/or; do not include both options]; and

BE IT FURTHER RESOLVED that the (Job Title), or his/her designee is hereby authorized and empowered to execute in the name of the (Name of Applicant) all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and

BE IT FURTHER RESOLVED that these authorizations are effective for (choose one of the following options) 1) five (5) years from the date of adoption of this resolution or 2) for a period less than five years (insert Time Period: from Month, Day, Year through Month, Day, Year). [Note: this provision is either/or; do not include both options.].

Local Public Agencies (Regional Participants in Grant Project)

If authorized by the grant, local public agencies may join together in a regional grant project. One of the agencies must be authorized to be the grant applicant/lead agency, which, if awarded the grant, is legally responsible for its administration. As discussed in detail below, all parties to the regional grant project are required to submit authorizing documentation to CalRecycle. Please consult with your attorney.

Applicant/Lead Agency for a Regional Project

Applicant/Lead Agency for a Regional Project: The Applicant/Lead Agency must submit a resolution. The resolution must:

• Authorize submittal of a regional application on behalf of the applicant as lead entity and specifically named regional participants. If the resolution is valid for more than one year, it is highly recommended a) that the list of participants be provided as an attachment rather than embedded in the resolution, and b) that the Signature Authority be authorized to revise the list as necessary with each subsequent application (this allows a Signature Authority to add or remove regional participants with each new application without the necessity of obtaining a new resolution).

Example

RESOLUTION OF THE (Name Of The Governing Body) AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANTS FOR WHICH (Name of Applicant) IS ELIGIBLE.

WHEREAS, Public Resources Code sections 40000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle), formerly known as the California Integrated Waste Management Board, to administer various grant programs (grants) in furtherance of the State of California’s (State) efforts to reduce, recycle, and reuse solid waste generated in the State , thereby preserving landfill capacity and protecting public health and safety and the environment; and

WHEREAS, in furtherance of this authority CalRecycle is required to establish necessary procedures governing the application, awarding and management of its grants; and

WHEREAS, (name of grant) allows regional grant projects; and

WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.

NOW, THEREFORE, BE IT RESOLVED that the (Title of Governing Body) authorizes (Name of Applicant) to submit a (Name of Grant) regional application on behalf of itself as Lead Agency and the participating jurisdictions as shown by the attached documentation.

BE IT FURTHER RESOLVED that the (Title of Official), or its designee, is hereby authorized and empowered to execute on behalf of (Name of Applicant) all Grant-related documents, including, but not limited to, Applications, Payment Requests, Agreements, and Amendments necessary to secure Grant funds and to implement the approved grant project; and

BE IT FURTHER RESOLVED that these authorizations are effective for (choose one of the following options) 1) five (5) years from the date of adoption of this resolution or 2) for a period less than five years (insert Time Period: from Month, Day, Year through Month, Day, Year). [Note: this provision is either/or; do not include both options.]

Regional Participant: Required Documentation

In addition to the applicant/lead agency’s resolution discussed above, a regional application must include required authorization from each participant. Failure of any participant identified in the applicant’s resolution to provide the necessary authorization will render the grant application incomplete and ineligible.

Participants must submit one of the following:

• A resolution from the participant’s governing body that shall 1) authorize submittal of a regional grant application on its behalf as a grant participant and 2) designate the applicant as the lead agency for the grant; or
• A letter on the participating agency’s letterhead that shall 1) authorize the submittal of a regional grant application on its behalf as a grant participant, and 2) designate the applicant as the lead agency for the grant. This letter must be dated within the 12 months prior to the application deadline and signed by an individual who has authority to contractually bind the participating jurisdiction (e.g., the chief administrative officer); or

For Joint Powers Authorities (JPA): each member of the JPA must submit a letter that shall 1) authorize the submittal of a regional grant application on behalf of the JPA as a grant participant, and 2) designate the applicant as the lead agency for the grant. The letter must be dated within the 12 months prior to the application deadline and signed by an individual that has authority to contractually bind the participating jurisdiction (e.g., the chief administrative officer); or

• A fully executed Memorandum of Understanding (MOU) between the applicant agency and the participant agency or agencies that shall 1) authorize the submittal of a regional grant application on behalf of the MOU jurisdictions as grant participants, and 2) designate the applicant as the lead agency for the grant.

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