HomeMy WebLinkAbout1993-02-16; City Council; 12081; COUNTY OF SAN DIEGO TECHNICAL ASSISTANCE PROGRAM GRANT FOR OFFICE PAPER RECYCLINGRECOMMENDED ACTION:
Adopt Resolution No. 9 9- 3 8 authorizing the City Manager to execute a Technical
Assistance Program Grant agreement with the County of San Diego on behalf of the
City, and appropriation of funds in the Solid Waste Enterprise Fund.
ITEM FXPLANATION:
The proposed program will provide the means for white and mixed office paper
recycling in commercial offices throughout Carlsbad. The Utilities & Maintenance
Department submitted an application for a County of San Diego Technical Assistance
Program (TAP) grant in the amount of $42,000, Subsequently, the City was awarded
a TAP grant in the amount of $20,000. In accordance with the specifications of the
grant, the funds must be used to purchase approximately 470 24-gallon wheeled
containers and 4,700 deskside bins to be used for white and mixed office paper
recycling in offices throughout the City. In exchange for provision of the bins,
businesses will be required to report diversion tonnage.
The program will be presented by Coast Waste Management (CWM) and City staff to
the business community. The program will be modeled after the City of Carlsbad
internal office paper recycling program. Sufficient deskside bins for placement at each
work station will be provided to participating businesses. The wheeled containers will
be placed at centralized locations, such as near copy machines, for collection of the
mixed and white paper. From there, in-house staff will either place the material in
recycling bins for collection by CWM, or provide for other means of collection.
The program does not provide for enough containers and bins for all offices in the City,
and will be made available on a first come, first serve basis. Should demand exceed
supply, staff will apply for another TAP grant next year, if available.
FISCAL, IMPACT:
Funds in the amount of $20,000 will be received in the Solid Waste Enterprise Fund.
Direct matching funds of $5,000 are available in the Solid Waste Enterprise Fund.
Indirect matching funds will be made in the form of staff time devoted to the
implementation of the program.
Program Agreement with the County of San Diego and appropriation of funds in the Solid Waste Enterprise Fund
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RESOLUTION NO. 93 - 38
A RESOLUTION OF THE ClTY COUNCIL OF THE ClTY OF
CARLSBAD, CALIF'ORNIA, APPROVINGAIdD AUTHORIZING
EXEC"I0N OF A TECHNICAL ASSISTANCE PROGRAM
GRANT AGREEMENT WITH THE COUNTY OF SAN DIEGO,
AND APPROPFUATION OF FUNDS IN THE SOLD WASTE
ENTERPRISE FUND
WHEREAS, the City3 Mandatory Recycling ordinance prohibits dis
of designated recyclables, including office paper, with mixed refuse; and
WHEREAS, the City of Carlsbad has been awarded a County of San 1
Technical Assistance Program grant in the amount of $20,000 to implement an
paper recycling program; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the C
Carlsbad as follows:
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The above recitations are true and correct.
The Technical Assistance Program Grant Agreement betwee
City of Carlsbad and the County of San Diego attached hen
Exhibit A is hereby approved. i
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3. The City Manager is hereby authorized to sign the Tec
Assistance Program Grant Agreement on behalf of the City.
The Technical Assistance Program grant funds shall be approp
in the Solid Waste Ehterprise Fund.
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PASSED, APPROVED AND ADOPTED by the City Council of the Ci
Carlsbad at its regular meeting held on the 16th day of FEBRUARY , 199
the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, F
NOES: None
ABSENT: None && UDE . LEWIS, Mayor
ATTEST: A.
AL%UTENPW*
(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 politica
subdivision of the State of California, hereinafter calle
"COUNTY," and the firm of Citv of Carlsbad, hereinafter calle
"CONTRACTOR. I'
R E C I T A L S:
WHEREAS, the County, by action of Supervisors Item 88 on JANUAR
30, 1990, authorized the Director of Purchasing and Contracting pursuant to Article XXIII, Section 401 of the Administrative Code
to award contracts.
WHEREAS, the County desires such services to be provided i accordance with the County's Request for Grant Application No.3004 and dated October 12, 1992, and the Contractor's responses theret and dated October 22, 1992, and as amended by this agreement ar
whereas the Contractor agrees to provide the services subject t the following additional conditions.
WHEREAS, Contractor is specially trained and possesses certa:
skills, experience, education, and competency to perform specii services; and NOW THEREFORE, in consideration of the promises, a1
mutual covenants and agreements herein contained, it is agre<
between the parties hereto that the following exhibits are here1
incorporated by reference:
EXHIBIT TITLE
A General Terms and Conditions B Fiscal Agreement
C Reporting Requirements
D Program Budget
E Scope of Work and Attachments
IN WITNESS WHEREOF THE COUNTY AND THE CONTRACTOR have executed th Agreement to be effective: , 1992.
COUNTY : . BY:
JAMES G. TAPP, Director
Purchasing and Contractin PRINTED NAME: RAYMOND R. PATCHETT
TITLE: City Manager
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TABLE OF CONTENTS
1. DEFINITIONS ...................... Z
2. AFFIRMATIVE ACTION ................... C
3. CONDUCT OF CONTRACTOR ................. Z
4. PROHIBITED CONTRACTS .................. 4
5. TERMINATION FOR DEFAULT ................ E
6. TERMINATION FOR CONVENIENCE .............. E
7. CONTRACT ADMINISTRATION ................ €
8. NOTICE.. ....................... E
9. DISPUTES ........................ t
10. CHANGES ........................ 7
11. SEVERABILITY .......................
12. HOLD HARMLESS ......................
13. GOVERNINGLAW ......................
14. EQUIPMENT ACQUIRED BY GRANT FUNDING. .......... I
15. RESPONSIBILITY FOR EQUIPMENT 0 b e * b e e e e # a 0 0 e i 16. EQUIPMENT MAINTENANCE ..................
17. EQUIPMENT OWNERSHIP .................. !
18. EQUIPMENT USAGE .................... !
19. AUDIT AND INSPECTION OF RECORDS ............ 9/
20. LICENSING .......................
21. PERMITS, NOTICES, FEES AND LAWS ............
22. AIR, WATER POLLUTION CONTROL, HEALTH AND SAFETY ....
23. FINDINGS CONFIDENTIAL .................
24. PUBLICATION, REPRODUCTION AND USE OF MATERIAL .....
25. INDEPENDENT CONTRACTOR .................
26. SUBCONTRACT FOR WORK OR SERVICES ............
27. OTHER INCORPORATED AGREEMENTS .............
28. AGREEMENT .......................
29. TERMS OF AGREEMENT ...................
30. DRUG & ALCOHOL FREE WORK PLACE ............. 12,
31. COMPENSATION OF CONTRACTOR ...............
32. WITHHOLDING OF PAYMENT .................
3 3 . DISALLOWANCE ......................
34. FULL COMPENSATION ...................
35. PARTIAL PERFORMANCE ..................
36. INSURANCE ........................ 15
37. RETENTION .......................
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EXHIBIT A
GENERAL TERMS & CONDITIONS
1. DEFINITIONS
1.1 qlCountylq shall mean the County of San Diego.
1.2 "Offeror" shall mean any person, firm, partnership, o corporation submitting a grant proposal tothe County in respons
to the County of San Diego's grant solicitation.
1.3 I'Contractor" shall mean the offeror whose proposal i accepted by Agency and who has entered into an agreement wit
Agency to provide the equipment and services described herein.
1.4 qqVendorq' shall mean the same as Contractor.
1.5 "Major Equipment'' shall include, but is not limited tc
movable personal property of relatively permanent nature, havir
a useful life of three years or longer, and of significant value
$300 or over.
1.6 ItMinor Equipmentq1 shall include all items not defined :
paragraph 1.5 above that is under $300 in value and having
useful life of less than three years.
1.7 Where questions arise pertaining to the classification ( equipment as major or minor, the County of San Diec
Administrative Manual, Item 0050-02-1 shall control.
2. AFFIRMATIVE ACTION
Each vendor, where the cumulative total of purchases ordered ai
$10,000 or more during a calendar year, shall comply with t Affirmative Action Program for Vendors as set forth in Article I1 (commencing at Section 84) of the San Diego County Administrati
Code, which program is incorporated herein by reference. A copy this Affirmative Action Program will be furnished upon request the County of San Diego Contract Compliance Office, 1600 Pacif Highway, Room 208, San Diego, CA 92101.
The County of San Diego, as a matter of policy, encourages t
participation of small, minority, and women owned businesses.
3. CONDUCT OF CONTRACTOR
3.1 The Contractor agrees to inform the County of all t Contractor's interests, if any, which are or which the Contract
believes to be incompatible with any interests of the County.
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3.2 The Contractor shall not, under circumstances which mig reasonably be interpreted as an attempt to influence t
recipient in the conduct of his duties, accept any gratuity special favor from individuals or organizations with whom t Contractor is doing business or proposing to do business,
accomplishing the work under the contract.
3.3 The Contractor shall not use for personal gain or make 0th
improper use of privileged information which is acquired
connection with his employment. In this connection, the te
I1privileged informationN includes, but is not limited t unpublished information relating to technological and scientif development; medical, personnel, or security records of t
actions; and knowledge of selections of contractors
subcontractors in advance of official announcement.
3.4 The Contractor or employees thereof shall not offer gift
gratuity, favors, entertainment directly or indirectly to Coun employees.
individuals ; anticipated materials requirements or prici
4. PROHIBITED CONTRACTS
Section 67 of the San Diego County Administrative Code provid that the County shall not contract with, and shall reject any b
or proposal submitted by the person or entities specified belo
unless the Board of Supervisors finds that special circumstanc exist which justify the approval of such contract:
4.1 Persons employed by the County or of public agencies f
which the Board of Supervisors is the governing body:
4.2 Profit-making firms or businesses in which employe described in sub-section (a) of code serve as officer
principals, partners, or major shareholders;
4.3 Persons who, within the immediately preceding twelve (1 months came within the provisions of the above sub-section a who (1) were employed in positions of substantial responsibili
in the area of service to be performed by the contract, or (
participated in any way in developing the contract or its servi specifications; and
4.4 Profit-making firms or businesses in which the form employees described in sub-section 16.3 of code serve officers, principals, partners, or major shareholders.
With the affixing of a signature to your response to this solic tation, offeror certifies that the above provisions of the Co have been complied with, and that any exception will cause a
ensuinq contract to be invalid,
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5. TERMINATION FOR DEFAULT
The County may, by written notice of default to the vendor
terminate any the Contractor in whole or in part should the vendo
fail to make satisfactory progress, fail to perform within tim
specified therein or fail to perform in strict conformance t
such termination, the County reserves the right to purchase c obtain the supplies or services elsewhere, and the defaultir
vendor shall be liable for the difference between the prices SE forth in the terminated order and the actual cost thereof to tk County. The prevailing market price shall be considered the faj repurchase price.
5.1 If, after notice of termination of this contract under tk provisions of this clause, it is determined for any reason thz the Contractor was not in default under this provisions of thj clause, the rights and obligations of the parties shall, if tl
contract contains a clause providing for termination fc
convenience of the County, be the same as if the notice c
termination had been issued pursuant to such clause.
5.2
and remedies provided by law or under resulting order.
specifications and requirements set forth therein. In the event o
The rights and remedies of County provided in this artic: shall not be exclusive and are in addition to any other riqh'
6. TERMINATION FOR CONVENIENCE
The County may, by written notice stating the extent and effecti date, terminate this contract for convenience in whole or in par at any time. The County shall pay the vendor as full compensati for performance until such termination:
The unit or pro rata price for the delivered and accept
portion.
6.2 A reasonable amount, as costs of termination, not otherwi
recoverable from other sources by the vendor as approved by t
County, with respect to the unperformed or unaccepted portion
the services, provided compensation hereunder shall in no evE exceed the total price.
6.3 In no event shall the County be liable for any loss profits on the resulting order or portion thereof so terminate
6.4 The rights and remedies of County provided in this artic
shall not be exclusive and are in addition to any other rig1 and remedies provided by law or under resulting order.
6.1
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7. CONTRACT ADMINISTRATION
The Director of Purchasing and Contracting is the designal Contracting Officer and is the only County official authorized make any changes to this agreement.
The County has designated the following individual as the Contr; Administrator: Frank V. Espinoza, Recycling Specialist
The Contract Administrator will chair contractor progress meetii
and will coordinate the County's contract administrat functions. The Contract Administrator is designated to receive l approve Contractor invoices for payment, audit and inspect recorc inspect contractor services, and provide other technical guidai
as required. The Contract Administrator is not authorized
change any terms and conditions of the Contract. Changes to .
scope of work will be made only by the Board of Supervisors and, the Contracting Officer issuing a properly executed Change Or(
modification.
8. NOTICE
Any notice or notices required or permitted to be given pursuant this Agreement may be personally served on the other party by party giving such notice, or may be served by certified ma
postage prepaid, return receipt requested, to the follow
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 disp concerning a question of fact arising under this contract wh is not disposed of by agreement shall be decided by
Contracting Officer who shall furnish the decision to
Contractor in writing. The decision of the Contracting Offi
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
performance of the contract pending the Contracting Office
decision.
9.2 The llDisputesll clause does not preclude consideration
legal questions in connection with decisions provided for
paragraph (A) above. Nothing in this contract shall be constr
faith. The Contractor shall proceed diligently with
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as making final the decision of any administrative official,
representative, or board on a question of law.
10. CHANGES
The Contracting Officer may at any time, by written order, makc
changes within the general scope of this contract, in thc definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performancc
thereof. If any such change causes an increase or decrease in thc
cost of, or the time required for the performance of any part oj
the work under this contract, whether changed or not changed by an] such order, an equitable adjustment shall be made in the contracl price or delivery schedule, or both, and the contract shall bc
modified in writing accordingly. Any claim by the Contractor fo: adjustment under this clause must be asserted within 30 days fro] the date of receipt by the Contractor of the notification o change; provided however, that the Contracting Officer, if hc
decides that the facts justify such action, may receive and ac.
upon any such claim asserted at any time prior to final paymen. under this contract. Where the cost of property made obsolete o
excess as a result of a change is included in the Contractor'
claim for adjustment, the Contracting Officer shall have the righ
to prescribe the manner of disposition of such property. Failure t agree to any adjustment shall be a dispute concerning a question o
fact within the meaning of the clause of this contract entitle
ftDisputesff. However, nothing in this clause shall excuse th Contractor from proceeding with the contract as changed.
11. SEVERABILITY
Should any part of this agreement be held to be invalid by a cour of competent jurisdiction, the remainder of the agreement shall b
considered as the whole agreement and be binding on the contractin parties.
12. HOLD HARMLESS
The Contractor agrees to indemnify, defend and save harmless th County against any and all loss, damage, liability, claim, demand suit or cause of action resulting from injury or harm to any persc or property arising out of or in any way connected with t€-
performance of work under this contract, excepting only such injur
or harm as may be caused solely and exclusively by the fault c negligence of the County.
13. GOVERNING LAW
This contract shall be construed and interpreted according to tl: laws of the State of California.
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14. EOUIPMENT ACQUIRED BY GRANT FUNDING
All major and minor equipment acquired through grant funds unc
this Agreement by the Contractor, and all replacements there(
shall remain in possession of Contractor in accordance with 1 provisions of this agreement. All such equipment will be plaii
marked and otherwise adequately identified by Contractor as "1 use in the San Diego County Technical Assistance Program" and,
Contractor's expense, be safely stored separate and apart fi Contractor's equipmentwherever practicable. Contractor shall kt
grant acquired equipment free of all liens, claims, encumbranc and interests of third parties. Contractor will not substitute i
of its equipment for any grant acquired equipment nor deliver
make available to any third party any such equipment or go(
acquired through any grant funds, nor use any such equipmei except in performance of this Agreement. All such equipment, wh
in Contractor's custody or control, will be held at Contracto:
risk and kept insured by Contractor, at its expense, in an amoi
equal to the equipment replacement cost, with loss payable to .
County. If directed by the County, at completion of this contr,
by Contractor, or upon the written request of County at any til
Contractor will prepare all such equipment for shipment and deli7 equipment to the County in the same condition as origina received by Contractor, reasonable wear and tear excepted. ,
such equipment acquired through grant funds which for any reas
is not to be delivered to or accepted by County will be retained Contractor unless otherwise directed by County in writing. Cou
shall have the right, at all reasonable times, upon prior reque
to enter Contractor's premises to inspect any and all gr
acquired equipment.
15. RESPONSIBILITY FOR EOUIPMENT
County shall not be responsible nor be held liable for any dam
to person or property resulting from the use, misuse, or failure
any equipment by Contractor, its agents, employees, third pa independent contractors, or permissive users, even though s
equipment be furnished, rented or loaned to CONTRACTOR by COUN
The acceptance or use of any such equipment by CONTRACTOR CONTRACTOR'S employee shall be construed to mean that CONTRAC accepts full responsibility for and agrees to exonerate, indemn
and hold harmless COUNTY from and against any and all claims
any damage whatsoever resulting from the use, misuse, or failure such equipment, whether such damage be to the employee or prope
of CONTRACTOR, COUNTY, or of other persons. Equipment includ
but is not limited to motor vehicles of any kind, material, too
or other things.
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16. EQUIPMENT MAINTENANCE
The Contractor must provide, at its expense, preventativ maintenance and repair contracts or service contracts on a1
equipmentunder its direct control. Such contracts may be provide by the Contractor itself or by reputable companies generally knoh
to have such expertise.
The Contractor shall submit a plan to the Contract Administrator 2 to how this requirement will be met for the County's review ar
approval prior to contract execution. The Contractor is t
each piece of equipment and to provide a written report ar
relevant documentation on a quarterly basis as to any preventatiT
maintenance/repairs performed on each piece of equipment. A coy of the quarterly preventative maintenance and repair report must1 provided to the Contract Administrator.
17. EQUIPMENT OWNERSHIP
maintain a separate current record on maintenance and repairs fc
The County reserves the right to reclaim equipment that has bec acquired with grant contract funds which is no longer in service (
on a project which is not completed or is terminated. All mot( vehicles are to be registered in accordance with California Vehic: Code Section 6300 et seq. with the County of San Diego named as tl
lien holder.
18. EQUIPMENT USAGE
Use of grant acquired equipment shall be only for projects whil are specifically stated in Scope of Work. The equipment is not ' be used for any other programs unless specifically authorized
writing by the Contract Administrator. Major equipment must rema in the specified use for three years, unless such change in use
authorized in writing by County. Contractor will pay County f
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 inspecti
rights described in this section.
19.2 Cost or pricina data. The Contracting Officer or h
representatives who are employees of the County or its age
shall have the right to examine all books, records, documents a other data of the Contractor related to the negotiation prici or performance of such contract, chanqe or modification, for t
the cost or pricing data submitted.
purpose of evaluatinq the accuracy, completeness and currency
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19.3 Availabilitv. The materials described above shall be mz available at the office of the Contractor, at all reasonak times, for inspection, audit or reproduction, until t expiration of 3 years from the date of final payment under tk contract, or by (1) and (2) below:
19.3.1 If this contract is completely or partially tc minated, the records relating to the work terminated shz be made available for ai period of three years from the dz of any resulting final settlement.
19.3.2 Records which relate to appeals under t
tlDisputeslf clause of this contract, or litigation or I
contract, shall be made available until such appeal
litigation, or claims have been disposed of, or three yee
after contract completion, whichever is longer.
settlement of claims arising out of the performance of tl
19.4 The Contractor shall insert a clause containing all 1
provisions of this entire clause in all subcontracts hereunc
except altered as necessary for proper identification of the c(
tracting parties and the contracting officer under the Countj
prime contract.
20. LICENSING
Attention is directed to the provisions of Chapter 9 of Divisioi of the California Business and Professions Code concerning 1 licensing of contractors. All offerors and contractors shall licensed, where required, in accordance with the laws of the St:
of California and any offeror or contractor not so licensed may
subject to the penalties imposed by such laws.
21. PERMITS. NOTICES, FEES AND LAWS
The Contractor shall, at its own expense, obtain all permits i licenses, give all notices, pay all fees, and otherwise comply w: all State and Federal statutes, ordinances, rules and regulatic
pertaining to work and to the preservation of the public health i
safety.
22. AIR, WATER POLLUTION CONTROL, HEALTH AND SAFETY
Contractor shall comply with all State and Federal air and wal pollution control, health and safety statutes, ordinances, ru: and regulations which apply to the work performed under tl
contract.
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23. FINDINGS CONFIDENTIAL
Any reports, information, data, etc., given to or prepared 01
assembled by the Contractor under this Agreement which the Count)
requests to be kept as confidential shall not be made available OL disclosed to any individual or organization by the Contractor 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 Agreemen-
shall be subject to copyright in the United States or in any othe
country. The County shall have unrestricted authority to publish
disclose, distribute and otherwise use, in whole or in part, an.
reports, data or other materials prepared under this Agreement All reports, data and other materials prepared under this Agreemen shall be the property of the County upon termination or completio of this Agreement.
25. INDEPENDENT CONTRACTOR
It is agreed that CONTRACTOR shall perform as an independen contractor under this Agreement. CONTRACTOR is, for all purpose
arising out of this Agreement, an independent contractor, and shal
not be deemed an employee of COUNTY. It is expressly understoc
benefits to which permanent COUNTY employees are entitled including, but not limited to, overtime, any retirement benefits
workers’ compensation benefits, and leave benefits.
26. SUBCONTRACT FOR WORK OR SERVICES
No contract shall be made by the Contractor with any party fc furnishing any of the work or services herein contained without tk prior written approval of the Contract Administrator; but thi provision shall not require the approval of contracts of employmer between the Contractor its own personnel assigned for service thereunder, or for parties named in proposal and agreed to in ar
resulting contract.
Contractors are reminded that it is the County’s policy 1
encourage the participation of minority business enterprises. Th.
includes assurance that, if available, minority firms a:
units for the purpose of providing for greater minori’
participation, or the establishment delivery and payment schedulc
which will facilitate participation by minority businesses.
and agreed that CONTRACTOR shall in no event be entitled to an
solicited, or where feasible, dividing the requirement into small(
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27. OTHER INCORPORATED AGREEMENTS
The following documents are incorporated herein by reference as set forth in full:
27.1 The San Diego County's Request for Grant Proposals RFG Nc
30045.
27.2 Contractor's response to RFG No. 30045.
In the event of conflict between this Agreement and t! incorporated agreements or documents, this Agreement sha control.
In the event of conflict between two agreements and/or document
the lowest numbered agreement or document shall control.
28. AGREEMENT
This Agreement (including the agreements and documents incorporat
by reference in Section 27) constitutes the entire agreement, a the County with respect to the equipment and services a
supersedes all other additional communications, both written a
oral.
Both parties by their authorized signatures, acknowledge that th
have read, understood and agree to all the terms and conditions this Agreement.
29. TERMS OF AGREEMENT
The term of this Agreement shall commence on the effective date s forth above and continue for one year during which time CONTRACT shall perform the services described herein and those described
the incorporated exhibits.
30. DRUG & ALCOHOL-FREE WORK PLACE
The County of San Diego, in recognition of individual rights
work in a safe, healthful and productive work place, has adopted
requirement for a drug and alcohol free work place, County of S
Diego Drug and Alcohol Use Policy C-25. This policy provides th
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 beinc
under the influence of alcohol or a drug.
30.1.2 Shall not possess an open container of alcohol 01
consume alcohol or possess or be under the influence of ar illegal drug,
30.1.3 Shall not sell, offer, or provide alcohol or a dry
to another person.
Item 37.1.3 shall not be applicable to a Contractor 01
Contractor employee who, as part of the performance oj normal job duties and responsibilities prescribes 01
administers medically prescribed drugs.
30.2 The Contractor shall inform all employees that arc performing service for the County on County property or usinc County equipment, of the County objective of a safe, healthfu:
and productive work place and the prohibition of drug or alcoho:
use or impairment from same while performing such service for thc
County.
30.3 The county may Terminate for Default or Breach thi:
Agreement and any other Agreement the Contractor has with thc
County, if the Contractor, or Contractor employees are determinec
by the Contracting Officer not to be in compliance with thc
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 eXCe $20,000 for Services performed for the TAP IV funding,
agreement and in accord with the Method of Paymc stipulated in Exhibits B & D. This amount is to allocated to individual line item expenditures as shown the Program Budget (EXHIBIT D) .
31.2 PERIODIC REIMBURSEMENT LIMITS
Periodic reimbursement shall at no time exceed 110 per cc
of the pro-rata portion of the amount stipulated
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
Contractor to perform under this agreement, COUNTY will CONTRACTOR by reimbursing CONTRACTOR for such equipm
acquired and for actual expenses of the equipment as sta
on each invoice. The amount of each invoice submitted
the Contractor is subject to a determination of fair reasonable price by the Contract Administrator.
31.4 REIMBURSEMENT FOR LABOR
The County and the Contractor agree that the reimbursem
of approved labor shall be at labor wage rate/rz contained in Section D. COUNTY reimbursement will
monthly in arrears upon presentation by CONTRACTOR c
properly executed claim certifying to the extent performance under this Agreement. CONTRACTOR'S claim r
conform to Program Budget (EXHIBIT D) and will be sub:
to approval by COUNTY'S Administrator prior to payment. CONTRACTOR will immediately provide support
documentation (copy of time cards, etc.) when requeste the County.
32. WITHHOLDING OF PAYMENT
COUNTY may withhold final payment until final reports requ
under this Agreement are received and approved by COUNTY. COl may also withhold payment where CONTRACTOR is in non-compli,
with this Agreement.
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33. DISALLOWANCE
In the event CONTRACTOR claims and receives payment from COUNTY foi a service, reimbursement for which is later disallowed by thc
COUNTY, CONTRACTOR shall then promptly refund the disallowed amount
to COUNTY upon request. At its option, the COUNTY may offset tht
amount disallowed from any payment due or to become due to thc
CONTRACTOR under this Agreement or another agreement. Similarly, a disallowed agreement may be offset against the Agreement.
34. FULL COMPENSATION
Pending any cost adjustments, each claim so approved and paid shal: constitute full and complete compensation to CONTRACTOR for th period covered by the claim. It is expressly understood and agree that this Agreement constitutes the entire agreement of CONTRACTO
compensation, benefits, reimbursements or ancillary services othe than as herein expressly provided.
35. PARTIAL PERFORMANCE
In the event less than all sewices are performed in a proper an
timely manner, CONTRACTOR shall be paid only the reasonable valu
of the services performed during the payment period as determine
by COUNTY'S ADMINISTRATOR.
36. INSURANCE
Before commencement of the work, CONTRACTOR shall submit insuranc
policies or a Certificate of Insurance evidencing that CONTRACTO has obtained for the period of the contract, from an insure authorized to do business in the State of California, insurance i the following forms of coverage and iminirnum amounts specified.
and COUNTY and in no event shall CONTRACTOR be entitled to an
36.1 A policy of Worker's Compensation insurance covering a1 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 lim: bodily injury and property damage.
36.3 Automobile liability insurance in an amount not less thi one million ($1,000,000) combined single limit bodily inju:
property damage.
W
Page 16 of
36.4
the term of this Agreement. Contractor shall also seek obtain an agreement with its insurer notifying the County 30 d in advance of any cancellation of the applicable insura policy.
36.5 All insurance policies shall name the COUNTY of San Di as Itan additional insured. If
The CONTRACTOR assures the COUNTY it will not cancel any
the above insurance coveragle required by this Agreement dur
37. RETENTION
The CONTRACTOR shall retain all financial records
administrative documents, in accordance with Paragraph 19, Au and Inspection of records relative to the Agreement, in accorda
with applicable COUNTY, State, and Federal statutes, regulatia
ordinances and policies.
COUNTY should CONTRACTOR become defunct or close doing busine prior to limitations set forth in such statutes.
All such records shall be returned to
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Page 17 of 2'
EXHIBIT C
REPORTING REQUIREMENTS
Two rcm
The County intends to make payments on grant eligible items an
activities upon receipt of monthly invoices and quarterly report
(as required) by the grantees. Grantees should attach a1 necessary receipts and other expenditure documentation with thei
invoices.
County reimbursement to a grantee will be made on submitte invoices. The County will withhold 10 percent of the total gran
award until successful completion of all quarterly, and fina
reports.
PROJECT MONITORING Over the course of the one-year contract, grantees will be require
to submit four quarterly reports. In addition, the County require
grantees to submit a final report at the end of the one-year gran
term.
The purpose of these reports is to monitor grantee scheduling
implementation, and operation of the funded programs. Materia collection data will be kept current for a five-year period an will be available on request if needed for County planning an
analysis purposes.
Duarterlv Praaress Reimrks The grantee shall submit four (4) quarterly progress reports by th
15th day of the month following the calendar quarter. Thes
reports should include the following:
1. A summary of program milestones for each quarter. Dat should include grantee's ability to conform to projec schedule and percent completion of each task. An deviation from original goals and objectives should k highlighted, as well as any difficulties encountered durin
the reporting period. Reasons for such difficulties c
deviations should also be reported as well as any remedia
action taken.
2. A report of expenditures for the reported quarter.
3. A statement of activities anticipated during the subsequer
reporting period including a description of equipment
operations and materials to be used or evaluated.
4. A statement that the project is, or is not, on schedule
and any pertinent trends or interim findings.
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Page 18 of
5. The amount of recycled materials recovered to da
(itemize).
An overall assessment of program effectiveness based on t objectives set forth in the scope of work. 6.
Final Report The scope of work must provide for the development of a fir
report submitted to the County within thirty (30) days after t
grant termination date. The final report shall include I
following:
1. Table of Contents.
2. A summary of the objectives achieved as they relate to 1 project scope of work.
3. A summary of activities performed and the total amoui
expended on the project.
4. Any findings, conclusions or recommendations for follow. or ongoing activities that might result from success completion of this project.
5. A statement, if applicable, of future intent of the pub and/or private support to maintain or further develop pro j ect .
6. A request for final payment.
7. A consolidated list of subcontractors, funded by the gr (in part or whole). Include the name, address, conc statement of work performed, time period, and value
each.
8. A summary of project successes. Provide measurable resu
(e.g., tons of recyclables collected and revenues earne
9. A summary of project failures or shortcomings, reasons
Review comments shall be prepared and transmitted by the Count]
the Grantee within seven (7) working days of receipt of the dr version of the Final Report. After incorporating the Count comments, the Grantee shall submit to the Grant Manager five
copies of the Final Report no later than thirty (30) days af receipt of the County's comments.
necessary remedial activities.
a e
Page 19 of 21
The County reserves the right to use and reproduce all reports and data produced and delivered pursuant to this Agreemenc, and
reserves the right to authorize others to use or reproduce such
material.
Failure to comply with the reporting requirements specified above may result in termination of this Agreement or suspension of any or
all outstanding payment requests until such a time as the Grantee
has satisfactorily completed the reporting provisions.
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Page 20 of
EXHIBIT D
PROJECT BUDGET
Materials & Supplies $ 20,000
Total Budget $ 20,000
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Page 21 of 21
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 of
receiving only part of the funds requested, the Scope of Work is
reduced by 50%.)
The City of Carlsbadwill purchase deskside bins, 24-gallon wheeled
containers, and decals, brochures and other promotional materials. These will be contributed to local businesses for the separation of
white and mixed office paper for recycling.
City staff will provide technical support as required. Ir
exchange, participating businesses will be required to report the
amount of materials diverted.
Payment of the full grant amount will be contingent upon the contractor completing all of the items listed in the proposal.
All materials, news releases, brochures and publications, writter by the Grantee and released under this project, and as part of this agreement must be submitted to the Grant Manager for Department of
Public Works approval prior to reproduction or distribution.
All materials designed, reproduced, distributed under this Contract
Agreement must contain a statement acknowledging funding by the Sal
Diego County Department of Public Works, Division of Solid Waste,
ANY CHANGES TO THE SCOPE OF WORK MUST HAVE PRIOR APPROVAL BY THI
GRANT MANAGER.
*
March 1, 1993
Mr. Frank V. Espinoza Recycling Specialist County of San Diego
5555 Overland Avenue MS 0383
San Diego, CA 92123
Dear Mr. Espinoza:
The Carlsbad City Council, at its meeting of February 16, 1993, adopted Resolution No. 93-38 (copy enclosed), approving an agreement with the County of San Diego for a Technical Assistance
Program Grant for office paper recycling.
Enclosed please find the signed original and a copy with original signatures for processing by your agency. We request that a fully executed agreement be sent to us for our files.
‘&Ffdzg, CMC
Assistant City Clerk
KRK: ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808