HomeMy WebLinkAbout1993-02-16; City Council; Resolution 93-38* I1 9 0
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RESOLUTION NO. 9 3 - 38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, WORNIA, APPROVING AND AUTHORIZING
EXECUTION OF A TECHNICAL ASSISTANCE PROGRAM
GRANT AGREEMENT WITH THE COUNTY OF SAN DIEGO,
AND APPROPRIATION OF FUNDS IN THE SOLID WASTE
ENTERPRISE FUND
WHEREAS, the City's Mandatory Recycling ordinance prohibits
of designated recyclables, including office paper, with mixed refuse; and
WHEREAS, the City of Carlsbad has been awarded a County of Sa
Technical Assistance Program grant in the amount of $20,000 to implement e
paper recycling program; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
Carlsbad as follows:
1. The above recitations are true and correct.
2. The Technical Assistance Program Grant Agreement betw
City of Carlsbad and the County of San Diego attached he
Exhibit A is hereby approved.
3. The City Manager is hereby authorized to sign the Tc
Assistance Program Grant Agreement on behalf of the CitJ
4. The Technical Assistance Program grant funds shall be apprc
in the Solid Waste Enterprise Fund.
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PASSED, APPROVED AND ADOPTED by the City Council of the
Carlsbad at its regular meeting held on the 16th day of FEBRUARY , 1
the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard:
NOES: None
ABSENT: None f#6& UDE . LEWIS, May(
ATTEST:
l2ktL A. 1?-
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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SERVICE AGREEMENT
GRANT AWARD No. 30045
THIS AGREEMENT made and. entered into this day of
1992, by and between the County of San Diego, a politi subdivision of the State of California, hereinafter cal 9tCOUNTY,av and the firm of Citv of Carlsbad, hereinafter cal "CONTRACTOR. It
RECITALS: WHEREAS, the County, by action of Supervisors Item 88 on JAN1
30, 1990, authorized the Director of Purchasing and Contract: pursuant to Article XXIII, Section 401 of the Administrative Cc to award contracts.
WHEREAS, the County desires such services to be provided accordance with the County's Request for Grant Application N0.3( and dated October 12, 1992, and the Contractor's responses the:
and dated October 22, 1992, and as amended by this agreement whereas the Contractor agrees to provide the services subjecl
the following additional conditions..
WHEREAS, Contractor is specially trained and possesses cer
skills, experience, education, and competency to perform spe services; and NOW THEREFORE, in consideration of the promises,
mutual covenants and agreements herein contained, it is ag between the parties hereto that the following exhibits are he incorporated by reference:
EXHIBIT
A B
C
D
E
TITLE
General Terms and Conditions Fiscal Agreement Reporting Requirements Program Budget Scope of Work and Attachments
IN WITNESS WHEREOF THE COUNTY AND THE CONTRACTOR have executed
Agreement to be effective: , 1992.
COUNTY:
BY : JAMES G. TAPP, Direct01 I Purchasing and Contract
PRINTED NAME : RAYMOND R. PATCHETT
TITLE: City Manager
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TABLE OF CONTENTS
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DEFINITIONS ...................... 3 AFFIRMATIVE ACTION ................... 3 CONDUCT OF CONTRACTOR ................. 3/
PROHIBITED CONTRACTS .................. 4 TERMINATION FOR DEFAULT ................ 5 TERMINATION FOR CONVENIENCE .............. 5 CONTRACT ADMINISTRATION ................ 6
NOTICE ......................... 6 DISPUTES ........................ 6
CHANGES ........................ 7 SEVERABILITY ...................... 7
HOLD HARMLESS ..................... 7 GOVERNING LAW ..................... 7 EQUIPMENT ACOUIRED BY GRANT FUNDING ........... 8 RESPONSIBILITY FOR EQUIPMENT .............. 8 EQUIPMENT MAINTENANCE ................. 9
EOUIPMENT OWNERSHIP .................. 9
AUDIT AND INSPECTION OF RECORDS ............. 9/1
PERMITS. NOTICES. FEES AND LAWS ............ 11 AIR. WATER POLLUTION CONTROL. HEALTH AND SAFETY .... 1 FINDINGS CONFIDENTIAL ................. 1 PUBLICATION. REPRODUCTION AND USE OF MATERIAL ..... 1 INDEPENDENT CONTRACTOR . 1 SUBCONTRACT FOR WORK OR SERVICES ............ 1 OTHER INCORPORATED AGREEMENTS ............. 1 AGREEMENT ....................... 1 TERMS OF AGREEMENT ................... 1 DRUG & ALCOHOL FREE WORK PLACE ............. 12/ COMPENSATION OF CONTRACTOR ............... 1 WITHHOLDING OF PAYMENT ................. 1 DISAUWANCE ...................... 1
PARTIAL PERFORMANCE .................. j INSURANCE ........................ 15/
EQUIPMENT USAGE .................... 9
LICENSING ....................... 1(
FULT, COMPENSATION ................... :
RETENTION ....................... 1
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EXHIBIT A
GENERAL TERMS & CONDITIONS
1. DEFINITIONS
1.1 I1Countyv1 shall mean the County of San Diego.
1.2 t90fferor18 shall mean any person, firm, partnership, corporation submitting a grant proposal to the County in respc to the County of San Diego's grant solicitation.
1.3 ItContractortt shall mean the offeror whose proposal accepted by Agency and who has entered into an agreement 1 Agency to provide the equipment and services described here
1.4 Wendora8 shall mean the same as Contractor.
1.5 "Major Equipment" shall include, but is not limited movable personal property of relatively permanent nature, ha a useful life of three years or longer, and of significant va
$300 or over.
1.6 "Minor Equipmenttt shall include all items not definec paragraph 1.5 above that is under $300 in value and havil useful life of less than three years.
1.7 Where questions arise pertaining to the classificatio equipment as major or minor, the County of San C
Administrative Manual, Item 0050-02-1 shall control.
2. AFFIRMATIVE ACTION
Each vendor, where the cumulative total of purchases ordered
$10,000 or more during a calendar year, shall comply with Affirmative Action Program for Vendors as set forth in Article (commencing at Section 84) of the San Diego County Administrs
Code, whicR program is incorporated herein by reference. A col this Affirmative Action Program will be furnished upon reque: the County of San Diego Contract Compliance Office, 1600 Pac
Highway, Room 208, San Diego, CA 92101.
The County of San Diego, as a matter of .policy, encourages participation of small, minority, and women owned businesses,
3. CONDUCT OF CONTRACTOR
3.1 The Contractor agrees to inform the County of all Contractor's interests, if any, which are or which the Contri
believes to be incompatible with any interests of the Couni
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3.2 The Contractor shall not, under circumstances which might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or
special favor from individuals or organizations with whom the Contractor is doing business or proposing to do business, in accomplishing the work under the contract.
3.3 The Contractor shall not use for personal gain or make other improper use of privileged information which is acquired in connection with his employment. In this connection, the term "privileged information1' includes, but is not limited to, unpublished information relating to technological and scientific development: medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions: and knowledge of selections of contractors or subcontractors in advance of official announcement.
3.4 The Contractor or employees thereof shall not offer gifts,
gratuity, favors, entertainment directly or indirectly to Count)
employees.
4. PROHIBITED CONTRACTS
Section 67 of the San Diego County Administrative Code provide: that the County shall not contract with, and shall reject any bic
or proposal submitted by the person or entities specified below unless the Board of Supervisors finds that special circumstance!
exist which justify the approval of such contract:
4.1 Persons employed by the County or of public agencies fo:
which the Board of Supervisors is the governing body;
4.2 Profit-making firms or businesses in which employee: described in sub-section (a) of code serve as officers principals, partners, or major shareholders;
4.3 Persons who, within the immediately preceding twelve (12 months came within the provisions of the above sub-section an
who (1) were employed in positions of substantial responsibilit in the area of service to be performed by the contract, or (2
participated in any way in developing the contract or its servic specifications: and
4.4 Profit-making firms or businesses in which the form6 employees described in sub-section 16.3 of code serve i officers, principals, partners, or major shareholders.
With the affixing of a signature to your response to this solicj tation, offeror certifies that the above provisions of the COC have been complied with, and that any exception will cause ai ensuing contract to be invalid.
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5. TERMINATION FOR DEFAULT
The County may, by written notice of default to the vend terminate any the Contractor in whole or in part should the ver
fail to make satisfactory progress, fail to perform within t specified therein or fail to perform in strict conformance specifications and requirements set forth therein. In the even{ such termination, the County reserves the right to purchase obtain the supplies or services elsewhere, and the defauli vendor shall be liable for the difference between the prices forth in the terminated order and the actual cost thereof to County. The prevailing market price shall be considered the : repurchase price.
5.1 If, after notice of termination of this contract under provisions of this clause, it is determined for any reason .
the Contractor was not in default under this provisions of
clause, the rights and obligations of the parties shall, if contract contains a clause providing for termination convenience of the County, be the same as if the notice termination had been issued pursuant to such'clause.
5.2 The rights and remedies of County provided in this art
shall not be exclusive and are in addition to any other ri and remedies provided by law or under resulting order.
6. TERMINATION FOR CONVENIENCE
The County may, by written notice stating the extent and effec date, terminate this contract for convenience in whole or in F
at any time. The County shall pay the vendor as full compensa for performance until such termination:
6.1 The unit or pro rata price for the delivered and acce portion.
6.2 A reasonable amount , as costs of termination, not other recoverable from other sources by the vendor as approved b] County, with respect to the unperformed or unaccepted portic
the services, provided compensation hereunder shall in no f exceed the total price.
6.3 In no event shall the County be liable for any lo$ profits on the resulting order or portion thereof so termin;
6.4 The rights and remedies of County provided in this arf
shall not be exclusive and are in addition to any other r. and remedies provided by law or under resulting order.
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7. CONTRACT ADMINISTRATION
The Director of Purchasing and Contracting is the designate( Contracting Officer and is the only County official authorized tc make any changes to this agreement.
The County has designated the following individual as the Contraci Administrator: Frank V. Espinoza, Recycling Specialist
The Contract Administrator will chair contractor progress meeting and will coordinate the County's contract administrativ functions. The Contract Administrator is designated to receive an approve Contractor invoices for payment, audit and inspect records inspect contractor services, and provide other technical guidanc as required. The Contract Administrator is not authorized t change any terms and conditions of the Contract. Changes to th scope of work will be made only by the Board of Supervisors and/c the Contracting Officer issuing a properly executed Change Orde modification.
a. NOTICE
Any notice or notices required or permitted to be given pursuant t this Agreement may be personally served on the other party by tl- party giving such notice, or may be served by certified mai: postage prepaid, return receipt requested, to the followil address : County of San Diego
5555 Overland Avenue MS 0383
San Diego, CA 92123 Attention: Frank V. Espinoza Recycling Specialist
9. DISPUTES
9.1 Except as otherwise provided in this contract, any dispu concerning a question of fact arising under this contract whi
is not disposed of by agreement shall be decided by t Contracting Officer who shall furnish the decision to t
Contractor in writing. The decision of the Contracting Offic shall be final and conclusive unless determined by the court competent jurisdiction to have been fraudulent or capricious,
arbitrary, or so grossly erroneous as necessarily to imply k faith. The Contractor shall proceed diligently with t performance of the contract pending the Contracting Officer
decision.
9.2 The tlDisputeslt clause does not preclude consideration legal questions in connection with decisions provided for
paragraph (A) above. Nothing in this contract shall be constn
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as making final the decision of any administrative officii representative, or board on a question of law.
10. CHANGES
The Contracting Officer may at any time, by written order, mi changes within the general scope of this contract, in *
definition of services to be performed, and the time (i.e., ho
of the day, days of the week, etc.) and place of performa
thereof. If any such change causes an increase or decrease in cost of, or the time required for the performance of any part the work under this contract, whether changed or not changed by such order, an equitable adjustment shall be made in the contr price or delivery schedule, or both, and the contract shall modified,in writing accordingly.. Any claim by the Contractor adjustment under this clause must be asserted within 30 days f
the date of receipt by the Contractor of the.notification change: provided however, that the Contracting Officer, if decides that the facts justify such action, may receive and upon any such claim asserted at any time prior to final payn
under this contract. Where the cost of property made obsolete excess as a result of a change is included in the Contractc claim for adjustment, the Contracting Officer shall have the rj
to prescribe the manner of disposition of such property. Failurc agree to any adjustment shall be a dispute concerning a questio~ fact within the meaning of the clause of this contract entit "Disputestt. However, nothing in this clause shall excuse Contractor from proceeding with the contract as changed.
11. SEVERABILITY
Should any part of this agreement be held to be invalid by a cc of competent jurisdiction, the remainder of the agreement shal considered as the whole agreement and be binding on the contrac'
parties.
12. HOLD HARMLESS
The Contractor agrees to indemnify, defend and save harmless County against any and all loss, damage, liability, claim, dem suit or cause of action resulting from injury or harm to any pe or property arising out of or in any way connected with
performance of work under this contract, excepting only such in or harm as may be caused solely and exclusively by the faul negligence of the County.
13. GOVERNING LAW
This contract shall be construed and interpreted according tc
laws of the State of California.
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14. EOUIPMENT ACOUIRED BY GRANT FUNDING
All major and minor equipment acquired through grant funds unde~ this Agreement by the Contractor, and all replacements thereof, shall remain in possession of Contractor in accordance with thc provisions of this agreement. All such equipment will be plainl) marked and otherwise adequately identified by Contractor as @@FoI
use in the Ban Diego County Technical Assistance Program@@ and, a1 Contractor's expense, be safely stored separate and apart fro1
Contractor's equipmentwherever practicable. Contractor shall keel grant acquired equipment free of all liens, claims, encumbrance:
and interests of third parties. Contractor will not substitute an:
of its equipment for any grant acquired equipment nor deliver 0: make available to any third party any such equipment or good acquired through any grant funds, nor use any such equipment except in performance of this Agreement. All such equipment, whil
in Contractor's custody or control, will be held at Contractor' risk and kept insured by Contractor, at its expense, in an amoun equal to the equipment replacement cost, with loss payable to th
County. If directed by the County, at completion of this contrac by Contractor, or upon the written request of County at any time Contractor will prepare all such equipment for shipment and delive
equipment to the County in the same condition as original1 received by Contractor, reasonable wear and tear excepted. An such equipment acquired through grant funds which for any reason
is not to be delivered to or accepted by County will be retained k Contractor unless otherwise directed by County in writing. Count shall have the right, at all reasonable times, upon prior request
to enter Contractor's premises to inspect any and all grar
acquired equipment.
15. RESPONSIBILITY FOR EOUIPMENT
County shall not be responsible nor be held liable for any damac
to person or property resulting from the use, misuse, or failure c any equipment by Contractor, its agents, employees, third par. independent contractors, or permissive users, even though su( equipment be furnished, rented or loaned to CONTRACTOR by COUNT' The acceptance or use of any such equipment by CONTRACTOR I
CONTRACTOR'S employee shall be construed to mean that CONTRACT{ accepts full responsibility for and agrees to exonerate, indemni
and hold harmless COUNTY from and against any and all claims fl any damage whatsoever resulting from the use, misuse, or failure 1 such equipment, whether such damage be to the employee or proper'
of CONTRACTOR, COUNTY, or of other persons. Equipment include but is not limited to motor vehicles of any kind, material, tool
or other things.
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16. EOUIPMENT MAINTENANCE
The Contractor must provide, at its expense, preventat maintenance and repair contracts or service contracts on equipment under its direct control. Such contracts may be provi by the Contractor itself or by reputable companies generally kn
to have such expertise.
The Contractor shall submit a plan to the Contract Administrato: to how this requirement will be met for the County’s review approval prior to contract execution. The Contractor is maintain a separate current record on maintenance and repairs
each piece of equipment and to provide a written report relevant documentation on a quarterly basis as to any prevental maintenance/repairs performed on each piece of equipment. A <
of the quarterly preventative maintenance and repair report mus provided to the Contract Administrator.
17. EOUIPMENT OWNERSHIP
The County reserves the right to reclaim equipment that has 1
acquired with grant contract funds which is no longer in servic on a project which is not completed or is terminated. All mc
vehicles are to be registered in accordance with California Veh Code Section 6300 et seq. with the County of San Diego named as
lien holder.
18. EOUIPMENT USAGE
Use of grant acquired equipment shall be only for projects w are specifically stated in Scope of Work. The equipment is nc be used for any other programs unless specifically authorize writing by the Contract Administrator. Major equipment must re in the specified use for three years, unless such change in US authorized in writing by County. Contractor will pay County
remaining value of equipment if this is not fulfilled.
19. AUDIT AND INSPECTION OF RECORDS
19.1 General. The County shall have the audit and inspec
rights described in this section.
19.2 Cost or Dricinq data. The Contracting Officer OL representatives who are employees of the County or its l shall have the right to examine all books, records, document other data of the Contractor related to the negotiation pr
or performance of such contract, change or modification, fo purpose of evaluating the accuracy, completeness and curren the cost or pricing data submitted.
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19.3 Availabilitv. The materials described above shall be mad'
available at the office of the Contractor, at all reasonabl times, for inspection, audit or reproduction, until th expiration of 3 years from the date of final payment under thi contract, or by (1) and (2) below:
19.3.1 If this contract is completely or partially ter minated, the records relating to the work terminated shal be made available for a period of three years from the dat
of any resulting final settlement.
19.3.2 Records which relate to appeals under th "Disputes" clause of this contract, or litigation or tl- settlement of claims arising out of the performance of thi contract, shall be made available until such appeals litigation, or claims have been disposed of, or three year after contract completion, whichever is longer.
19.4 The Contractor shall insert a clause containing all tl provisions of this entire clause in all subcontracts hereunde
except altered as necessary for proper identification of the cor tracting parties and the contracting officer under the County'
prime contract.
20. LICENSING
Attention is directed to the provisions of Chapter 9 of Division
of the California Business and Professions Code concerning tk licensing of contractors. All offerors and contractors shall I: licensed, where required, in accordance with the laws of the Stal
of California and any offeror or contractor not so licensed may 1 subject to the penalties imposed by such laws.
21. PERMITS. NOTICES, FEES AND LAWS
The Contractor shall, at its own expense, obtain all permits a
licenses, give all notices, pay all fees, and otherwise comply wi all State and Federal statutes, ordinances, rules and regulatio pertaining to work and to the preservation of the public health a
safety.
22. AIR, WATER POLLUTION CONTROL, HEALTH AND SAFETY
Contractor shall comply with all State and Federal air and wat
pollution control, health and safety statutes, ordinances, rul and regulations which apply to the work performed under th
contract.
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23. FINDINGS CONFIDENTIAL
Any reports, information, data, etc., given to or prepared
assembled by the Contractor under this Agreement which the COUI requests to be kept as confidential shall not be made available disclosed to any individual or organization by the Contrac,
without the prior written approval of the County.
24. PUBLICATION, REPRODUCTION AND USE OF MATERIAL
No material produced, in whole or in part, under this Agreem
shall be subject to copyright in the United States or in any ot country. The County shall have unrestricted authority to publi disclose, distribute and. otherwise use, in whole or in part, < reports, data or other materials prepared under this Agreeme: All reports, data and other materials prepared under this Agreem,
shall be the property of the County upon termination or complet
of this Agreement.
25. INDEPENDENT CONTRACTOR
It is agreed that CONTRACTOR shall perform as an independ
contractor under this Agreement. CONTRACTOR is, for all purpo arising out of this Agreement, an independent contractor, and sh not be deemed an employee of COUNTY. It is expressly underst and agreed that CONTRACTOR shall in no event be entitled to benefits to which permanent COUNTY employees are entitl
including, but not limited to, overtime, any retirement benefi workers' compensation benefits, and leave benefits.
26. SUBCONTRACT FOR WORK OR SERVICES
No contract shall be made by the Contractor with any party furnishing any of the work or services herein contained without prior written approval of the Contract Administrator; but t provision shall not require the approval of contracts of employn between the Contractor its own personnel assigned for servi
thereunder, or for parties named in proposal and agreed to in resulting contract.
Contractors are reminded that it is the County's policy encourage the participation of minority business enterprises. 'I
includes assurance that, if available, minority firms solicited, or where feasible, dividing the requirement into sma!
units for the purpose of providing for greater minol participation, or the establishment delivery and payment schedl which will facilitate participation by minority businesses.
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27. OTHER INCORPORATED AGREEMENTS
The following documents are incorporated herein by reference as if set forth in full:
27.1 The San Diego County's Request for Grant Proposals RFG No.
30045.
27.2 Contractor's response to RFG No. 30045.
In the event of conflict between this Agreement and the
incorporated agreements or documents, this Agreement shall control.
In the event of conflict between two agreements and/or documents, the lowest numbered agreement or document shall control.
28. AGREEMENT
This Agreement (including the agreements and documents incorporatec by reference in Section 27) constitutes the entire agreement, anc
the County with respect to the equipment and services anc supersedes all other additional communications, both written an(
oral.
Both parties by their authorized signatures, acknowledge that the,
have read, understood and agree to all the terms and conditions o this Agreement.
29. TERMS OF AGREEMENT
The term of this Agreement shall commence on the effective date se forth above and continue for one year during which time CONTRACTC shall perform the services described herein and those described i the incorporated exhibits.
30. DRUG & ALCOHOL-FREE WORK PLACE
The County of San Diego, in recognition of individual rights t
work in a safe, healthful and productive work place, has adopted requirement for a drug and alcohol free work place, County of Si
Diego Drug and Alcohol Use Policy C-25. This policy provides thz all County employed Contractors and Contractor employees sha: assist in meeting this requirement.
30.1 As a material condition of this agreement, the Contract(
, agrees that the Contractor and the Contractor employees, whi: performing service for the County, on County property, or whi:
using County equipment:
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30.1.1 Shall not be in any way impaired because of be under the influence of alcohol or a drug.
30.1.2 Shall not possess an open container of alcohol consume alcohol or possess or be under the influence of illegal drug.
30.1.3 Shall not sell, offer, or provide alcohol or a d to another person.
Item 37.1.3 shall not be applicable to a Contractor Contractor employee who, as part of the performance normal job duties and responsibilities prescribes administers medically prescribed drugs.
30.2 The Contractor shall inform all employees that performing service for the County on County property or us County equipment, of the County objective of a safe, healtl and productive work place and the prohibition of drug or alcc
use or impairment from same while performing such service for County.
30.3 The County may Terminate for Default or Breach I Agreement and any other Agreement the Contractor has with County, if the Contractor, or Contractor employees are detem: by the Contracting Officer not to be in compliance with condition of 37.1 above.
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EXHIBIT B
FISCAL AGREEMENT
31. COMPENSATION OF CONTRACTOR
31.1 COUNTY agrees to pay CONTRACTOR a total sum not to exceed
$20.000 for services performed for the TAP IV funding, ir agreement and in accord with the Method of Payment stipulated in Exhibits B & D. This amount is to bc allocated to individual line item expenditures as shown ir the Program Budget (EXHIBIT D).
31.2 PERIODIC REIMBURSEMENT LIMITS
Periodic reimbursement shall at no time exceed 110 per ceni of the pro-rata portion of the amount stipulated il
Exhibit D for the expired portion of the contract term.
31.3 REIMBURSEMENT BY CLAIM FOR EOUIPMENT
In consideration for major and minor equipment acquired b Contractor to perform under this agreement, COUNTY will pa
CONTRACTOR by reimbursing CONTRACTOR for such equipmen acquired and for actual expenses of the equipment as state on each invoice. The amount of each invoice submitted b
the Contractor is subject to a determination of fair an reasonable price by the Contract Administrator.
31.4 REIMBURSEMENT FOR LABOR
The County and the Contractor agree that the reimbursemer of approved labor shall be at labor wage rate/ratE contained in Section D. COUNTY reimbursement will I:
monthly in arrears upon presentation by CONTRACTOR of properly executed claim certifying to the extent c performance under this Agreement. CONTRACTOR'S claim mu5 conform to Program Budget (EXHIBIT D) and will be subjec
to approval by COUNTY Is Administrator prior to payment. TI
CONTRACTOR will immediately provide supportil
documentation (copy of time cards, etc.) when requested 1 the County.
32. WITHHOLDING OF PAYMENT
COUNTY may withhold final payment until fina1,reports requir,
under this Agreement are received and approved by COUNTY. COUN may also withhold payment where CONTRACTOR is in non-complianl with this Agreement.
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33. DISALLOWANCE
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In the event CONTRACTOR claims and receives payment from COUNTY
a service, reimbursement for which is later disallowed by
COUNTY, CONTRACTOR shall then promptly refund the disallowed amc
to COUNTY upon request. At its option, the COUNTY may offset
amount disallowed from any payment due or to become due to CONTRACTOR under this Agreement or another agreement. Similal a disallowed agreement may be offset against the Agreement.
34. FULL. COMPENSATION
Pending any cost adjustments, each claim so approved and paid SI constitute full and complete compensation to CONTRACTOR for period covered by the claim. It is expressly understood and ag that this Agreement constitutes the entire agreement of CONTRA
and COUNTY and in no event shall CONTRACTOR be entitled to
compensation, benefits, reimbursements or ancillary services o than as herein expressly provided.
35. PARTIAL PERFORMANCE
In the event less than all services are performed in a proper timely manner, CONTRACTOR shall be paid only the reasonable v
of the services performed during the payment period as detern
by COUNTY'S ADMINISTRATOR.
36. INSURANCE
Before commencement of the work, CONTRACTOR shall submit insu~ policies or a Certificate of Insurance evidencing that CONTW has obtained for the period of the contract, from an in5 authorized to do business in the State of California, insuranc
the following forms of coverage and minimum amounts specifiec
36.1 A policy of .Worker's Compensation insurance coverinc employees of Contractor.
36.2 Comprehensive General Liability Insurance of:
(a) $ 500,000 Bodily Injury - per person;
(b) $ 1,000,000 Bodily Injury - each occurrence:
(c) $ 100,000 Property Damage
OR In lieu of (a), (b), and (c), $ 1,000,000 combined single bodily injury and property damage.
36.3 Automobile liability insurance in an amount not less one million ($1,000,000) combined single limit bodily j
property damage.
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36.4 The CONTRACTOR assures the COUNTY it will not cancel any 01
the above insurance coverage required by this Agreement durinc the term of this Agreement. Contractor shall also seek an(
obtain an agreement with its insurer notifying the County 30 day2 in advance of any cancellation of the applicable insuranct
policy.
36.5 All insurance policies shall name the COUNTY of San Diegc as "an additional insured. It
37. RETENTION
The CONTRACTOR shall retain all financial records anc administrative documents-, in accordance with Paragraph 19, Audi and Inspection of records relative to the Agreement, in accordanc with applicable COUNTY, State, and Federal statutes, regulations ordinances and policies. All such records shall be returned to th
COUNTY should CONTRACTOR become defunct or close doing business prior to limitations set forth in such statutes.
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EXHIBIT C
REPORTING REQUIREMENTS
INVOICING
The County intends to make payments on grant eligible items activities upon receipt of monthly invoices and quarterly repc (as required) by the grantees. Grantees should attach
necessary receipts and other expenditure documentation with tl invoices.
County reimbursement to a grantee will be made on submil invoices. The County will withhold 10 percent of the total g:
award until successful completion of all quarterly, and f:
reports.
PROJECT MONITORING Over the course of the one-year contract, grantees will be requ to submit four quarterly reports. In addition, the County requ
grantees to submit a final report at the end of the one-year g
term.
The purpose of these reports is to monitor grantee schedul
implementation, and operation of the funded programs. Mate collection data will be kept current for a five-year period will be available on request if needed for County planning analysis purposes.
Quarterly Proqress Reports
The grantee shall submit four (4) quarterly progress reports b]
15th day of the month following the calendar quarter. 'I reports should include the following:
1. A summa'ry of program milestones for each quarter. should include grantee's ability to conform to prc schedule and percent completion of each task.
deviation from original goals and objectives shoul highlighted, as well as any difficulties encountered dl the reporting period. Reasons for such difficultic
deviations should also be reported as well as any remt action taken.
2. A report of expenditures for the reported quarter.
3. A statement of activities anticipated during the subse reporting period including a description of equip operations and materials to be used or evaluated.
4. A statement that the project is, or is not, on sche and any pertinent trends or interim findings.
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5. The amount of recycled materials recovered to date (itemize) .
6. An overall assessment of program effectiveness based on the objectives set forth in the scope of work.
Final ReDort The scope of work must provide for the development of a final
report submitted to the County within thirty (30) days after thc grant termination date. The final report shall include thc following:
1. Table of Contents.
2. A summary of the objectives achieved as they relate to the
3. A summary of activities performed and the total amount:
4. Any findings, conclusions or recommendations for follow-u]
project scope of work.
expended on the project.
or ongoing activities that might result from successfu:
completion of this project.
5. A statement, if applicable, of future intent of the publi and/or private support to maintain or further develop th
pro j ect .
6. A request for final payment.
7. A consolidated list of subcontractors, funded by the gran (in part or whole) . Include the name, address, concis
statement of work performed, time period, and value o each.
8. A summary of project successes. Provide measurable result
(e.g., tons of recyclables collected and revenues earned)
9. A summary of project failures or shortcomings, reasons an necessary remedial activities.
Review comments shall be prepared and transmitted by the County t
the Grantee within seven (7) working days of receipt of the draf version of the Final Report. After incorporating the County' comments, the Grantee shall submit to the Grant Manager five (5
copies of the Final Report no later than thirty (30) days aft€ receipt of the County's comments.
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The County reserves the right to use and reproduce all reports 2
data produced and delivered pursuant to this Agreement, i
reserves the right to authorize others to use Or reproduce s1
material.
Failure to comply with the reporting requirements specified ab
may result in termination of this Agreement 01: suspension of any
all outstanding payment requests until'such a time as the Gran
has satisfactorily completed the reporting Provisions.
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EXHIBIT D
PROJECT BUDGET
Materials & Supplies $ 20,000
Total Budget $ 20,000
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EXHIBIT E
CONTRACTOR NAME: City of Carlsbad
SCOPE OF WORK
PROJECT TITLE: Office Paper Recycling Project
(NOTE: See Application for full Scope of Work. Because
receiving only part of the funds requested, the Scope of Work
reduced by SO%.)
The City of Carlsbad will purchase deskside bins, 24-gallon whee containers, and decals, brochures and other promotional materia These will be contributed to local businesses for the separatior white and mixed office paper for recycling.
City staff will provide technical support as required. exchange, participating businesses will be required to report amount of materials diverted.
Payment of the full grant amount will be contingent upon contractor completing all of the items listed in the proposal
All materials, news releases, brochures and publications, wri.
by the Grantee and released under this project, and as part of ' agreement must be submitted to the Grant Manager for Departmen Public Works approval prior to reproduction or distribution.
All materials designed, reproduced, distributed under this Cont Agreement must contain a statement acknowledging funding by the
Diego County Department of Public Works, Division of Solid Wa
ANY CHANGES TO THE BCOPE OF WORK MUST HAVE PRIOR APPROVAL BY
GRANT MANAGER .