HomeMy WebLinkAbout1991-10-22; City Council; Resolution 91-3531
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RESOLUTION NO. 9 1 - 3 5 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING AND
AUTHORIZING EXJXUTION OF A TONNAGE GRANT
COUNTY OF SAN DIEGO
WHEREAS, The San Diego County Board of Supervisors establis
tonnage grant program to offset costs associated with implementation of ma
recycling provisions; and
PROGRAM FUNDING AGREEMENT WITH THE
WHEREAS, the City of Carlsbad is eligible for the program;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
of Carlsbad as follows:
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The above recitations are true and correct.
That the Tonnage Grant Program Funding Agreement betw
City of Carlsbad and the County of San Diego attached hc
Exhibit A is hereby approved.
That the Utilities and Maintenance Director is hereby autho
sign the Tonnage Grant Program Agreement on behalf oft
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PASSED, APPROVED AND ADOPTED by the City Council of tl
of Carlsbad at its regular meeting held on the 22nd day of October , 1'
the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Larson, Stanton an
NOES: None
ABSENT: None
ATTEST:
ALETHAL.
(SEAL)
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TONNAGE GRANT PROGRAM FUNDING AGREEMENT
BETWEEN THE CITY OF CaSBAD
AND THE COUNTY OF SAN DIEGO.
This Tonnage Grant Program Funding Agreement (hereinafter referred to as "Agreement
, a municipal corporation (hereinafter ref€ made between the CITY OF
to as "City"), and the COUNTY OF SAN DIEGO (hereinafter referred to as "County").
CARLSBAD
PURPOSE OF AGREEMENT
The purpose of this Agreement is to provide economic incentives to divert desigr
residential recyclables from entering San Diego County disposal facilities as impacted by the Cc
of San Diego's Mandatory Recycling Ordinance of 1991, (hereinafter referred to as the "Ordinan
The Board of Supervisors established the San Diego County Recycling Tonnage Grant Pro(
(hereinafter the "Program"), to provide economic incentives through the award of grants to all (
excluding the City of San Diego, in the County of San Diego and collectors that serve residents i
unincorporated area of San Diego County. These grants are based upon the amount of resid
recyclablzs recycled w;ihin each of their respective jurisdictions in fiscal year i 931 - 1992.
RECITALS
WHEREAS, the COUI'.ITY, by action of Board of Supervisors, Item 69 on May 28,
authorized the establishment of a tonnage grant program for the County of San Diego.
Ex ti ib i t
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WHEREAS, the COUNTY, cesires such services to be provided in accordance with the County
of San Diego Tonnage Grant Program Guidelines and whereas the Grantee agrees to adhere to the
conditions in this agreement and in the guidelines.
1. DEFINITIONS
A. "Residential Recyclables" are those items eiigible for tonnage grants and includc
aluminum cans, alass bottles and jars, mixed paper, newsoapers, Dlastic beverag
bottles, plastic containers, tin and bi metal cans, and "white goods" (heav
appliances).
B. "Funding Level" means that the Coun;y will award Qranis at the rate of $7.75 per :c
up to a maximum of $2 million total for all grants in fiscal year 1997 - 1992.
C. The following are "Non-Fundable" :
1. Commercial Solid Waste: any solid waste diverted from stores, offices, a[
other commercial sources.
2. Industrial Solid Waste: any solid waste diverted from mechanizi
manufacturing facilities, factories, refineries, construction and demolitii
projects, publicly operated treatment works, and/or solid wastes placed
commercial collection bins.
3. Household Hazardous Waste: any waste material or mixture of wastes whil
is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generat
pressure through decomposition, heat or other means, if such a waste
mixture of wastes may cause substantial personal injury, serious illness or ha
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to humans, domestic animals, or wildlife, during or as an approximate resul
any disposal of such wastes or mixture of wastes as defined in Article
Chapter 6.5, Section 251 17 of the Health and Safety Code.
4. All residential recyclables recovered from the City of San Diego.
5. Yard and Wood Wastes including leaves, grass, weeds, and wood mate1
from trees and shrubs generated from residential sources.
D. "Eligible Parties" are all cities within the County of San Diego, excluding the Cit
San Diego, and collectors that serve unincorporated area residents in the County
E. "Collector" shall mean any person who operates service routes or provides service
is directly or indirectly reimbursed for the collection of solid waste from reside
premises.
NOW, THEREFORE, incorporating the recitals of facts and definitions above an
consideration of the mutual cwenants herein contained, the parties agree as follows:
1. Ciry
A. City agrees to participate in the Program in accordance with all the terms
conditions of this Agreement and ;he Tonnage Grants Program Guidelines.
8. City agrees to submit to the County this Agreement and all required docurnenl
submitted with each Tonnage Grant Claims Forms in the format required by the Tonnage
Program Guidelines; sa id document a ti on s h al I be sub mitt ed q u art e r I y .
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C. City agrees to maintain records related to the Tonnage Grant Program funds for
minimum of three (3) years following the grant award and such records are subject to reasonab
review, inspection and approval by the County.
2. County of San Diego
A. City will be funded at a rate of $7.75 (seven dollars and seventy-five cents) per t
of eliaible residential recyclables diverted from disposal facilities owned by the County of San Die{
B. After verification the County will return the Tonnage Grant Claims Forms 2 and 1
accompanying receipts to the City.
C. The County may, by written notice stating the extent and effective date, termin
this contract for convenience in whole or in part, at any time.
D. The County will terminate the Tonnage Grant program upon reaching
$2,000,000 limit for all grants.
3. Successors in Interest
This agreement and all rights and obligations contained herein shall be in effect whel
or not any or all parties to this agreement have been succeeded by another entity, and all rights
obligations of the parties signatory to this agreement shall be vested and binding on their succesi
in interest.
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4. Severability
If any term, provision or condition of this Agreement shall be found to be invalic
unenforceable, the remaining terms, provisions and conditions shall, nevertheless, remain in full fc
and effect.
5. Entire Agreement
This Agreement contains the entire understanding of the oarties. No term or Drovi
hereof may be changed, waived, discharged or terminated unless the same be in writing, signed
executed by the parties to the Agreement.
6. Effective Date
Upon its execution by all parties, this Agreement shall become effective as of Jub
1991 and shall remain in effect until June 30, 1992 or until the $2 million limi
been reached.
7. Manner of Giving Notice
Notices required or permitted herein shall be sufficiently given if in writing ana if (
served personally upon or mailed by certified mail to:
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County of San Diego
William A. Worrell or Solange Whitehead
Deputy Public Works Director Tonnage Grant Coordinator
Department of Public Works, Solid Waste
5555 Overland .Avenue, Mail Stop 0383
San Diego, CA 92123
8. Governing Law
This agreement is entered into, and shall be construed and interpreted, in accordan
with, the laws of the State of California.
9. Audit and Inspection of Records
A. General. The County shall have the audit and inspection rights described in t
section.
B. Cost or Pricina Data. The County Contracting Officer or his representatives or
agent shall have the right to examine all books, records, or documents and other data of the t
related to the negotiation pricing or performance of such contract, change or modification, for
purpose of evaluating the accuracy and completeness of the cost or pricing data submitted.
C. Availabilitv. The materials described above shall be made available at the offici
the City, at all reasonable times, for inspection, audit or reproduction, until the expiration of three
years from the date of final payment under this contract, or by (1 1 or (2) below:
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(1 1 If this contract is completely or partially terminated, the records relating to the w
terminated shall be made available for a period of three years from the date of
resulting final settlement.
(2) Records which relate to appeals under the "Disputes" clause of this contract
litigation of settlement of claims arising out of the performance of this contract, 2
be made available until such appeals, litigation, or claims have been disposed o
three years after contract completion, whichever is longer.
10. Disputes
A. Any dispute arising under this contract shall be decided by the Directc
Purchasing & Contracting (Director) within thirty (30) days after the dispute has been submittc
writing to the Director of Purchasing and Contracts. The Director shall then issue his decisic
writing to the City. The decision of the Director shall be final and conclusive within 60 days fron
date of said decision unless the decision is contested in a court of competent jurisdiction. City
proceed diligently with the performance of the contract pending a final-decision.
B. The "Disputes" clause does not preclude consideration of legal questio
connection with decisions provided for in paragraph (a), above. Nothing in this contract sh,
construed as making final the decision of any administrative official, representative, or boarc
question of law.
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IN WITNESS, WHEREOF, this agreement is executed by the Cit,
Utilities & Mainten
Carlsbad , acting by and through its mW€ifi?@W, pursua
Resolution No. 91-353 authorizing such execution, and by the Cou
San Diego, acting by and through the Director of Purchasing and Contracting, pursuant to Minute
No, 69 authorizing such execution.
THE CITY OF CARLSBAD THE COUNTY OF SAN DlEGO
A Municipal Corporation
By: By: RALPH ANDERSON,
‘bddkErWRX Director Uti1i t ies & Maintenance Director of Purchasing and Contracting
I HEREBY APPROVE the form and legality of the foregoing agreement this __ d
October ; 19s1.
By:
San Diego County Counsel
City of Carlsbad
Revised 9/16/9 1 a