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HomeMy WebLinkAbout1991/04/23 Item 9 COUNCIL AGENDA STATEMENT Item~ Meeting Date 4/23/91 ITEM TITLE: Resolution Je.t31o accepting a Service Agreement with the County of San Di ego for Grant Funds to estab 1 ish a Mode 1 Office Recycling Program and Appropriating Funds Therefor. Conservation Coordinator ~ SUBMITTED BY: REVIEWED BY: City Manager t~&, kr' 4/5ths Vote:Yes-K-No___ BACKGROUND Last Spring, staff developed a proposal for an in-house, multi-material Model Office Recycling Project for the City and Council authorized a $20,000 grant application from the San Diego County Recycling Technical Assistance Program (TAP) for program funding. In the Fall, the City was notified of a $15,000 grant award. However, due to County de 1 ays no TAP grant servi ce agreements were delivered until the end of march. Staff has reviewed the service agreement and filed it with the County in order to begin the process for receipt of monies for program start up. Council is now being asked to review this report and adopt the resolution for the Office Recycling Program to begin. A copy of the service agreement is attached. RECOMMENDATION: Adopt resolution. BOARDS/COMMISSIONS RECOMMENDATION: Due to the time sensitivity in appropriating funds so that containers and other materials can be purchased, the Resource Conservation Commission has not yet been advised of the office recycl ing program. The chair of the Commission reviewed this report and the resolution and felt that a presentation before the Commission at a later time would be satisfactory. Staff will present the program to the Commission at their meeting of April 22, and provide Council with a brief written report of the Commission's comments at this meeting. DISCUSSION The $15,000 award is to be allocated as follows: In-house Staff Educational Materials (printing) $2,500 $2,000 $10,500 In-house recycling containers, labels, supplies Model Outreach Program Total Grant Monies Awarded $15,000 '1-1 In-house Office Recvclinq Proqram The development of this office recycling program is already underway. A meeting was held with representatives from all Departments on Monday, April 8, to begin making preparations for implementation of the office recycling program. These Department "recyc 1 ing representat i ves" wi 11 meet on a month ly bas i s to discuss program logistics. Employee awareness materials are also being developed. Prior to program start-up, all staff will attend a training session that will provide an overview of "how to" participate in the office recycling program, as well as information on source reduction. Program training materials will be provided to all staff, posted in all Departments and next to copy machines. "Desk-top" containers will be given to staff for deposit of office paper. Centralized recycling bins (20-30 gallon) will be placed in each Department (approximately 1-3 per Department) for the collection of paper. Staff will empty their desk-top containers into these central ized recycl ing bins. Beverage container recycling bins will be placed in employee lounges, and in other centralized locations throughout the Civic Center, including areas utilized by the public. The Urban Corps of San Diego has received a TAP grant award that will be used to provide collection services for the City's program for one year. Once per week Urban Corps staff will collect the recyclable materials from the centralized Department and Center locations. It is anticipated that the in-house program would begin operation within two months and is funded for one year. Office Recvclinq Outreach Proqram The outreach portion of the program will entail formation and distribution of a manual to assist Chula Vista businesses in developing and implementing office recyc 1 ing programs. Staff wou 1 d a 1 so pro v i de techn i ca 1 ass i stance to loca 1 businesses in the formation of their recycling programs. Several local medium to large sized businesses will be specifically targeted for assistance in developing their own in-house programs. These programs can then be monitored to determine the success of the operations, and applicability to other area businesses. Materials Sales Monies received from the sale of the collected recyclables will be split 50/50 with the Urban Corps of San Diego. It is anticipated that the monies received will be minimal. A monitoring system will be established with the Urban Corps to assure proper accounting of all sale receipts. Funds from the sale of the recyclables will be evaluated on a quarterly basis to determine if the 50/50 split is satisfactory to both parties. FISCAL IMPACT: None as a result of this action. All costs of the program will be fully covered by the Technical Assistance Program grant. The City's required "matching funds" for this grant are provided by a percentage of the Conservation Coordinator's time. Continued funding of this program beyond the one year TAP provisions will be reviewed as part of the next budget cycle. q-2 RESOLUTION NO. 1..t-13/, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A SERVICE AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR GRANT FUNDS TO ESTABLISH A MODEL OFFICE RECYCLING PROGRAM AND APPROPRIATING FUNDS THEREFOR The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, staff developed a proposal for an in-house, multi-material Model Office Recycling Project for the City; and WHEREAS, Council authorized staff Diego County Recycling Technical Assistance of $20,000 in order to fund this program; and to apply Program for (TAP) a San Grant WHEREAS, in the fall, the City was notified of a grant award but due to County delays no TAP grant agreements were delivered until the end of last month; and $15,000 service WHEREAS, staff has reviewed the service agreement and filed it with the County in order to begin the process for receipt of monies for program start up. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept a Service Agreement with the County of San Diego for Grant Funds to establish a Model Office Recycling Program. BE IT FURTHER RESOLVED that the sum of $15,000 is hereby appropriated from the unappropriated balance of the General Fund and transferred to the following accounts: Acct. 100-220-5201 Acct. 100-220-5212 Acct. 100-220-5301 (110,500) ( 2,500) ( 2,000) ?lIe o form by Presented by ~ Athena ra Coordinator 8771a Bruce M. Boog a d, City Attorney ~.31 q-1 THIS PAGE BLANK ~-4 Page 1 of 19 SERVICE AGREEMENT GRANT AWARD No. THIS AGREEMENT made and entered into this ____ day of , ~, by and between the County of San Diego, a political subdivision of the State of California, hereinafter called "COUNTY," and the firm of citv of Chula vista hereinafter called "CONTRACTOR." R E C I TAL S: WHEREAS, the County, by action of Supervisors Item 88 on January 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 in acccrdance with the County's Request for Grant Application No. 00213 and dated Februarv 27. 1990, and the Contractor's responses thereto and dated June 14. 1990, and as amended by this agreement and whereas the Contractor agrees to provide the services subject to the following additional conditions. WHEREAS, Contractor is specially trained and possesses certain skills, experience, education, and competency to perform special services; and NOW THEREFORE, in consideration of the promises, and mutual covenants and agreements herein contained, it is agreed between the parties hereto that the following exhibits are hereby incorporated by reference: EXHIBIT TITLE A B C D E 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 this Agreement to be effective: 1-1-91. BY: COUNTY: BY: JAMES G. TAPP, Director Purchasing and Contracting TITLE: CJ,S l. 2. 3. 4. 5. 6. 7. 8. 9. 10. ll. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2l. 22. 23. 24. 25. 26. 27. 28. 29. 30. 3l. 32. 33. 34. 35. 36. 37. . TABLE OF CONTENTS DEFINITIONS ..... AFFIRMATIVE ACTION . . . CONDUCT OF CONTRACTOR . PROHIBITED CONTRACTS . TERMINATION FOR DEFAULT TERMINATION FOR CONVENIENCE . . CONTRACT ADMINISTRATION NOTICE . . . . DISPUTES . . . . CHANGES . . . SEVERABILITY . HOLD HARMLESS GOVERNING LAW EOUIPMENT ACOUIRED BY GRANT FUNDING. RESPONSIBILITY FOR EOUIPMENT EOUIPMENT MAINTENANCE . . . . . EOUIPMENT OWNERSHIP . . . . . . EOUIPMENT USAGE . . . . . . . . AUDIT AND INSPECTION OF RECORDS . . . . . . . . LICENSING . . . . . . . . . . . . . . PERMITS. NOTICES. FEES AND LAWS . . . . . . . AIR. WATER POLLUTION CONTROL. HEALTH AND SAFETY FINDINGS CONFIDENTIAL . . . . . . . . . . . . PUBLICATION. REPRODUCTION AND USE OF MATERIAL INDEPENDENT CONTRACTOR . . . . . SUBCONTRACT FOR WORK OR SERVICES OTHER INCORPORATED AGREEMENTS AGREEMENT . . . . . . . . . . TERMS OF AGREEMENT . . . . . . DRUG & ALCOHOL FREE WORK PLACE . . . . . . . . COMPENSATION OF CONTRACTOR WITHHOLDING OF PAYMENT DISALLOWANCE . . . . FULL COMPENSATION PARTIAL PERFORMANCE INSURANCE . RETENTION . . . . . . ., . . ' . . . . . . . . . . . . . . . . . . . . . . " q-~ .' Page 2 of 19 ~ . 3 3 3/4 4 5 5 6 6 6 7 7 7 7 8 8 9 9 9 9/10 10 10 10 11 11 11 11 12 12 12 12/13 14 14 . 15 . 15 . 15 15/16 . 16 . . . " Page 3 of 19 " EXHIBIT A GENERAL TERMS & CONDITIONS 1. DEFINITIONS 1.1 "County" shall mean the county of San Diego. 1.2 "Offeror" shall mean any person, firm, partnership, or corporation submitting a grant proposal to the County in response to the County of San Diego's grant solicitation. 1.3 "Contractor" shall mean the offeror whose proposal is accepted by Agency and who has entered into an agreement with Agency to provide the equipment and services described herein. 1.4 "Vendor" shall mean the same as Contractor. 1.5 "Major Equipment" shall include, but is not limited to, movable personal property of relatively permanent nature, having a useful life of three years or longer, and of significant value, $300 or over. 1. 6 "Minor Equipment" shall include all items not defined in paragraph 1.5 above that is under $300 in value and having a useful life of less than three years. 1.7 Where questions arise pertaining to the classification of equipment as major or minor, the county of San Diego Administrative Manual, Item 0050-02-1 shall control. 2. AFFIRMATIVE ACTION Each vendor, where the cumulative total of purchases ordered are $10,000 or more during a calendar year, shall comply with the Affirmative Action Program for Vendors as set forth in Article IIIk (commencing at Section 84) of the San Diego County Administrative Code, which program is incorporated herein by reference. A copy of this Affirmative Action Program will be furnished upon request by the County of San Diego Contract Compliance Office, 1600 Pacific Highway, Room 208, San Diego, CA 92101. The County of San Diego, as a matter of policy, encourages the participation of small, minority, and women owned businesses. 3 . CONDUCT OF CONTRACTOR 3.1 The Contractor agrees to inform the County of all the Contractor's interests, if any, which are or which the Contractor believes to be incompatible with any interests of the County. '1.7 , Page 4 of 19 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 information" 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 gratuity, favors, entertainment directly or indirectly to employees. gifts, County 4. PROHIBITED CONTRACTS Section 67 of the San Diego County Administrative Code provides that the County shall not contract with, and shall reject any bid or proposal submitted by the person or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract: 4.1 Persons employed by the County or of public agencies for which the Board of Supervisors is the governing body; 4.2 PrOfit-making firms or businesses in which described in sub-section (a) of code serve as 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 and who (1) were employed in positions of substantial responsibility in the area of service to be performed by the contract, or (2) participated in any way in developing the contract or its service specifications; and employees officers, 4.4 Profi t-making firms or businesses in which the former employees described in sub-section 16.3 of code serve as officers, principals, partners, or major shareholders. With the affixing of a signature to your response to this solici- tation, offeror certifies that the above provisions of the Code have been complied with, and that any exception will cause any Cf-i Page 5 of 19 ensuing contract to be invalid. 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 vendor fail to make satisfactory progress, fail to perform within time specified therein or fail to perform in strict conformance to specifications and requirements set forth therein. In the event of such termination, the County reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting vendor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the County. The prevailing market price shall be considered the fair repurchase price. 5.~ If, after notice of termination of this contract under the provisions of this clause, it is determined for any reason that the Contractor was not in default under this provisions of this clause, the rights and obligations of the parties shall, if the contract contains a clause providing for termination for convenience of the County, be the same as if the notice of termination had been issued pursuant to such clause. 5.2 The rights and remedies of County provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 6. TERMINATION FOR CONVENIENCE The County may, by written notice stating the extent and effective date, terminate this contract for convenience in whole or in part, at any time. The County shall pay the vendor as full compensation for performance until such termination: 6.1 The unit or pro rata price for the delivered and accepted portion. 6.2 A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the vendor as approved by the County, with respect to the unperformed or unaccepted portion of the services, provided compensation hereunder shall in no event exceed the total price. 6.3 In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated. 6.4 The rights and remedies of County provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. Cf-'j . Page 6 of 19 .. 7. CONTRACT ADMINISTRATION The Director of Purchasing and Contracting is the designated Contracting Officer and is the only County official authorized to make any changes to this agreement. The County has designated the following individual as the Contract Administrator: Frank Espinoza, Recycling Specialist II The Contract Administrator will chair contractor progress meetings and will coordinate the County I s contract administrative functions. The Contract Administrator is designated to receive and approve Contractor invoices for payment, audit and inspect records, inspect contractor services, and provide other technical guidance as required. The Contract Administrator is not authorized to change any terms and conditions of the Contract. Changes to the scope of work will be made only by the Board of Supervisors and/or the Contracting Officer issuing a properly executed Change Order modification. 8. NOTICE Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following address: County of San Diego 5555 Overland Avenue MS 0383 San Diego, CA 92123 Attention: Frank Espinoza, Recycling Specialist II 9. DISPUTES 9.1 Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Contracting Officer who shall furnish the decision to the Contractor in writing. The decision of the Contracting Officer shall be final and conclusive unless determined by the court of competent jurisdiction to have been fraudulent or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith. The Contractor shall proceed diligently with the performance of the contract pending the Contracting Officer's decision. 9.2 The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph (A) above. Nothing in this contract shall be construed Cj,111 .' Page 7 of 19 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, make changes within the general scope of this contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the .date of receipt by the Contractor of the notification of change; provided however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor 's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes". However, nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. 11. SEVERABILITY Should any part of this agreement be held to be invalid by a court of competent jurisdiction, the remainder of the agreement shall be considered as the whole agreement and be binding on the contracting parties. 12. HOLD HARMLESS The Contractor agrees to indemnify, defend and save harmless the County against any and all loss, damage, liability, claim, demand, suit or cause of action resulting from injury or harm to any person or property arising out of or in any way connected with the performance of work under this contract, excepting only such injury or harm as may be caused solely and exclusively by the fault or negligence of the County. 13. GOVERNING LAW This contract shall be construed and interpreted according to the laws of the State of California. '1.11. . Page 8 of 19 '. 14. EOUIPMENT ACOUIRED BY GRANT FUNDING All major and minor equipment acquired through grant funds under this Agreement by the Contractor, and all replacements thereof, shall remain in possession of Contractor in accordance with the provisions of this agreement. All such equipment will be plainly marked and otherwise adequately identified by Contractor as "For use in the San Diego County Technical Program" and, at Contractor's expense, be safely stored separate and apart from Contractor's equipment wherever practicable. Contractor shall keep grant acquired equipment fr~e of all liens, claims, encumbrances and interests of third parties. Contractor will not substitute any of its equipment for any grant acquired equipment nor deliver or make available to any third party any such equipment or goods acquired through any grant funds, nor use any such equipment, except in performance of this Agreement. All such equipment, while in Contractor's custody or control, will be held at Contractor's risk and kept insured by Contractor, at its expense, in an amount equal to the equipment replacement cost, with loss payable to the County. If directed by the County, at completion of this contract by Contractor, or upon the written request of County at any time, Contractor will prepare all such equipment for shipment and deliver equipment to the County in the same condition as originally received by Contractor, reasonable wear and tear excepted. Any such equipment acquired through grant funds which for any reason, is not to be delivered to or accepted by County will be retained by Contractor unless otherwise directed by County in writing. County shall have the right, at all reasonable times, upon prior request, to enter Contractor's premises to inspect any and all grant acquired equipment. 15. RESPONSIBILITY FOR EOUIPMENT County shall not be responsible nor be held liable for any damage to person or property resulting from the use, misuse, or failure of any equipment by Contractor, its agents, employees, third party independent contractors, or permissive users, even though such equipment be furnished, rented or loaned to CONTRACTOR by COUNTY. The acceptance or use of any such equipment by CONTRACTOR or CONTRACTOR'S employee shall be construed to mean that CONTRACTOR accepts full responsibility for and agrees to exonerate, indemnify and hold harmless COUNTY from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment, whether such damage be to the employee or property of CONTRACTOR, COUNTY, or of other persons. Equipment includes, but is not limited to motor vehicles of any kind, material, tools, or other things. q~12 Page 9 of 19 16. EOUIPMENT MAINTENANCE The Contractor must provide, at its expense, preventative maintenance and repair contracts or service contracts on all equipment under its direct control. Such contracts may be provided by the Contractor itself or by reputable companies generally known to have such expertise. The Contractor shall submit a plan to the Contract Administrator as to how this requirement will be met for the County's review and approval prior to contract execution. The Contractor is to maintain a separate current record on maintenance and repairs for each piece of equipment and to provide a written report and relevant documentation on a quarterly basis as to any preventative maintenance/repairs performed on each piece of equipment. A copy of the quarterly preventative maintenance and repair report must be provided to the Contract Administrator. 17. EOUIPMENT OWNERSHIP The County reserves the right to reclaim equipment that has been acquired with grant contract funds which is no longer in service or on a project which is not completed or is terminated. All motor vehicles are to be registered in accordance with California Vehicle Code Section 6300 et seg. with the County of San Diego named as the lien holder. 18. EOUIPMENT USAGE Use of grant acquired equipment shall be only for projects which are specifically stated in Scope of Work. The equipment is not to be used for any other programs unless specifically authorized in writing by the Contract Administrator. Major equipment must remain in the specified use for three years, unless such change in use is authorized in writing by County. Contractor will pay County for 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 inspection rights described in this section. 19.2 Cost or oricina data. The Contracting Officer or his representatives who are employees of the County or its agent shall have the right to examine all books, records, documents and other data of the Contractor related to the negotiation pricing or performance of such contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. q-13 . nr Page 10 of 19 I J I 19.3 Availabilitv. The materials described above shall be made available at the office of the Conitractor, at all reasonable times, for inspection, audit or reproduction, until the expiration of 3 years from the date of final payment under this contract, or by (1) and (2) below: 19.3.1 If this contract is completely or partially ter- minated, the records relating tp the work terminated shall be made available for a period of three years from the date of any resulting final settlement. 19.3.2 Records which relate to appeals under the "Disputes" clause of this contract, or litigation or the settlement of claims arising out of the performance of this contract, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after contract completion, whichever is longer. 19.4 The Contractor shall insert a clause containing all the provisions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of the con- tracting parties and the contracting officer under the County's prime contract. 20. LICENSING Attention is directed to the prov~s~ons of Chapter 9 of Division 3 of the California Business and Professions Code concerning the licensing of contractors. All offerors and contractors shall be licensed, where required, in accordance with the laws of the State of California and any offeror or contractor not so licensed may be subject to the penalties imposed by such laws. 21. PERMITS. NOTICES. FEES AND LAWS The Contractor shall, at its own expense, obtain all permits and licenses, give all notices, pay all fees, and otherwise comply with all State and Federal statutes, ordinances, rules and regulations pertaining to work and to the preservation of the public health and safety. 22. AIR. WATER POLLUTION CONTROL. HEALTH AND SAFETY Contractor shall comply with all State and Federal air and water pollution control, health and safety statutes, ordinances, rules and regulations which apply to the work performed under this contract. '1..1 tf Page 11 of 19 23. FINDINGS CONFIDENTIAL Any reports, information, data, etc., given to or prepared or assembled by the Contractor under this Agreement which the County requests to be kept as confidential shall not be made available or 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 Agreement shall be subject to copyright in the united States or in any other country. The County shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. All reports, data and other materials prepared under this Agreement shall be the property of the County upon termination or completion of this Agreement. 25. INDEPENDENT CONTRACTOR It is agreed that CONTRACTOR shall perform as an independent contractor under this Agreement. CONTRACTOR is, for all purposes arising out of this Agreement, an independent contractor, and shall not be deemed an employee of COUNTY. It is expressly understood and agreed that CONTRACTOR shall in no event be entitled to any 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 for furnishing any of the work or services herein contained without the prior written approval of the Contract Administrator; but this provision shall not require the approval of contracts of employment between the Contractor its own personnel assigned for services thereunder, or for parties named in proposal and agreed to in any resulting contract. Contractors are reminded that it is the County's policy to encourage the participation of minority business enterprises. This includes assurance that, if available, minority firms are solicited, or where feasible, dividing the requirement into smaller units for the purpose of providing for greater minority participation, or the establishment delivery and payment schedules which will facilitate participation by minority businesses. '1.15 . Page 12 of 19 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. 00213. 27.2 Contractor's response to RFG No. 00213. In the event of conflict incorporated agreements or control. between this Agreement and the documents, this Agreement shall 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 incorporated by reference in Section 27) constitutes the entire agreement, and the County with respect to the equipment and services and supercedes all other additional communications, both written and oral. Both parties by their authorized signatures, acknowledge that they have read, understood and agree to all the terms and conditions of this Agreement. 29. TERMS OF AGREEMENT The term of this Agreement shall commence on the effective date set forth above and continue for one year during which time CONTRACTOR shall perform the services described herein and those described in the incorporated exhibits. 30. DRUG & ALCOHOL-FREE WORK PLACE The County of San Diego, in recognition of individual rights to work in a safe, healthful and productive work place, has adopted a requirement for a drug and alcohol free work place, County of San Diego Drug and Alcohol Use Policy C-25. This policy provides that all County employed Contractors and Contractor employees shall assist in meeting this requirement. 30.1 As a material condition of this agreement, the Contractor agrees that the Contractor and the Contractor employees, while Q-1L. Page 13 of 19 performing service for the County, on County property, or while using County equipment: 30.1.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug. 30.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal drug. 30.1.3 Shall not sell, offer, or provide alcohol or a drug to another person. Item 37.1. 3 shall not be applicable to a Contractor or Contractor employee who, as part of the performance of normal job duties and responsibilities prescribes or administers medically prescribed drugs. 30.2 The Contractor shall inform all employees that are performing service for the County on County property or using County equipment, of the County objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County. 30.3 The County may Terminate for Default or Breach this Agreement and any other Agreement the Contractor has with the County, if the Contractor, or Contractor employees are determined by the Contracting Officer not to be in compliance with the condition of 37.1 above. q~11 . Page 14 of 19 EXHIBIT B FISCAL AGREEMENT 31. COMPENSATION OF CONTRACTOR 31.1 COUNTY agrees to pay CONTRACTOR a total sum not to exceed ($15,000) for services performed during the term of this Agreement in accord with the Method of Payment stipulated in Exhibits B & D. This amount is to be allocated to individual line item expenditures as shown in the Program Budget (EXHIBIT D). 31.2 PERIODIC REIMBURSEMENT LIMITS Periodic reimbursement shall at no time exceed 110 per cent of the pro-rata portion of the amount stipulated in 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 by Contractor to perform under this agreement, COUNTY will pay CONTRACTOR by reimbursing CONTRACTOR for such equipment acquired and for actual expenses of the equipment as stated on each invoice. The amount of each invoice submitted by the Contractor is subject to a determination of fair and reasonable price by the Contract Administrator. 31.4 REIMBURSEMENT FOR LABOR The County and the Contractor agree that the reimbursement of approved labor shall be at labor wage rate/rates contained in Section D. COUNTY reimbursement will be monthly in arrears upon presentation by CONTRACTOR of a properly executed claim certifying to the extent of performance under this Agreement. CONTRACTOR's claim must conform to Program Budget (EXHIBIT D) and will be subject to approval by COUNTY's Administrator prior to payment. The CONTRACTOR will immediately provide supporting documentation (copy of time cards, etc.) when requested by the County. 32. WITHHOLDING OF PAYMENT COUNTY may withhold final payment until final reports required under this Agreement are received and approved by COUNTY. COUNTY may also withhold payment where CONTRACTOR is in non-compliance with this Agreement. 'f. ti Page 15 of 19 33. DISALLOWANCE In the event CONTRACTOR claims and receives payment from COUNTY for a service, reimbursement for which is later disallowed by the COUNTY, CONTRACTOR shall then promptly refund the disallowed amount to COUNTY upon request. At its option, the COUNTY may offset the amount disallowed from any payment due or to become due to the 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 shall constitute full and complete compensation to CONTRACTOR for the period covered by the claim. It is expressly understood and agreed that this Agreement constitutes the entire agreement of CONTRACTOR and COUNTY and in no event shall CONTRACTOR be entitled to any compensation, benefits, reimbursements or ancillary services other than as herein expressly provided. 35. PARTIAL PERFORMANCE In the event less than all services are performed in a proper and timely manner, CONTRACTOR shall be paid only the reasonable value of the services performed during the payment period as determined by COUNTY'S ADMINISTRATOR. 36. INSURANCE Before commencement of the work, CONTRACTOR shall submit insurance policies or a Certificate of Insurance evidencing that CONTRACTOR has obtained for the period of the contract, from an insurer authorized to do business in the State of California, insurance in the following forms of coverage and minimum amounts specified. 36.1 A policy of Worker's Compensation insurance covering all employees of Contractor. 36.2 Comprehensive General Liability Insurance of: (al $ 500,000 Bodily Injury - per person; (bl $ 1,000,000 Bodily Injury - each occurrence; (cl $ 100,000 Property Damage OR In lieu of (al, (bl, and (cl, $ 1,000,000 combined single limit bodily injury and property damage. 36.3 Automobile liability insurance in an amount not less than q-19 . Page 16 of 19 one million ($1,000,000) property damage. 36.4 The CONTRACTOR assures the COUNTY it will not cancel any of the above insurance coverage required by this Agreement during the term of this Agreement. Contractor shall also seek and obtain an agreement with its insurer notifying the County 30 days in advance of any cancellation of the applicable insurance policy. combined single limit bodily injury 36.5 All insurance policies shall name the COUNTY of San Diego as "an additional insured." 37. RETENTION The CONTRACTOR shall retain all financial records and administrative documents, in accordance with Paragraph 19, Audit and Inspection of records relative to the Agreement, in accordance with applicable COUNTY, State, and Federal statutes, regulations, ordinances and policies. All such records shall be returned to the COUNTY should CONTRACTOR become defunct or close doing business, prior to limitations set forth in such statutes. q.2.0 / q.);1.. Page 17 of 19 EXHIBIT C REPORTING REQUIREMENTS '1,21 TIllS PAGE BLANK q..Z2- REPORTING REQUIRBHENTS INVOICING The County intends to make payments on qrant eligible items and activities upon receipt of monthly invoices and quarterly reports (as required) by the grantees. Grantees should attach all necessary receipts and other expenditure documentation with their invoices. County reimbursement to a qrantee will be made on submitted invoices. The county will withhold 10 percent of the total grant award until successful completion of all quarterly, and final reports. PROJECT MONITORING Over the course of the one-year contract, qrantees will be required to submit four quarterly reports. In addition, the County requires grantees to submit a final report at the end of the one-year qrant term. The purpose of these reports is to monitor grantee scheduling, implementation, and operation of the funded programs. Material collection data will be kept current for a five-year period and will be available on request if needed for County planning and analysis purposes. Quarterlv proaress ReDorts The grantee shall submit four (4) quarterly progress reports by the 15th day of the month following the calendar quarter. These reports should include the following: 1. A summary of program milestones for each quarter. Data should include qrantee's ability to conform to project schedule and percent completion of each task. Any deviation from oriqinal goals and objectives should be highlighted, as well as any difficulties encountered during the reporting period. Reasons for such difficulties or deviations should also be reported as well as any remedial action taken. 2. A report of expenditures for the reported quarter. A statement of activities anticipated during the reporting period including a description of operations and materials to be used or evaluated. 4. A statement that the project is, or is not, on ~chedule, and any pertinent trends or interim findings. 3. subsequent equipment, 5. Data on the tonnaqe of recyclable materials collected, by..type. 6. The number of participants (also participation rates for residential programs only). .The methodology for obtaining this information will be included with the data. 7. An overall assessment of program effectiveness based on the objectives set forth in the scope of work. 9..z "3 8. Number of staff and subcontractor hours used to complete the 'project, noting the number of hours that each task required. Copies of all promotional materials produced for this project. A detailed report on the project's effectiveness and the feasibility for continued operation. 9. 10. Final ReDort The scope of work must provide for the development of a final report submitted to the County within thirty (30) days after the grant termination date. The final report shall include the following: 1. Table of Contents. 2. A summary of activities performed and objectives achieved as they relate to the project scope of work. The summary shall include the total amounts expended on the project and other measurable results (e.g., tons of recyclables collected, by type, and material sales revenues earned). 3. Any findings, conclusions or recommendations for follow-up or ongoing activities that might result from successful completion of this project. 4. A statement, if applicable, of future public and/or private support to maintain or further develop the project. 5. A request for final payment. 6. A consolidated list of subcontractors, funded by the grant (in part or whole). Include the name, address, concise statement of work performed, time period, and value of each. 7. A summary of project failures or shortcomings, reasons and necessary remedial activities. Review comments shall be prepared and transmitted by the County to the Grantee within seven (7) working days of receipt of.the draft version of the Final Report. After inco;rporating the County's comments, the Grantee shall submit to the Grant Manager five (5) copies of the Final Report no later than thirty (30) days after receipt of the County's comments. The County reserves the right to use and reproduce all reports and data produced and delivered pursuant to this. Agreement, 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. \ATAPII\RPTREQ q..Z4/ q.JS Page 18 of 19 EXHIBIT 0 PROJECT BUDGET q~zS Recycling Technical Assistance Program Exhibit D Project Funding Budget city of Chula vista - Office Paper Recycling Public Awareness ~. L<9\'\\o.."I'ri'J out,,\) Materials & Supplies Start up Salaries ) ~~ l>) I '()'\.~~ 0~~ CCNTRCT 27-Dec-90 q,Z~ fq')1 Item Funding $2,500 $2,000 $10,500 ) Total Award $15,000 CAVl~ ;11-~ Page 6 Page 19 of 19 EXHIBIT E SCOPE OF WORK q.Z7 CONTRACTOR NAME: City of Chula Vista . SCOPE OJ' WORK PROJECT TITLE: Chula vista Civic Center Recycling The above named project is to be completed as a result of the award of this grant and shall be conducted in accordance with the following parameters: 1. Grantee will administer recycling program in Chula Vista civic Center. 2. Grantee or subcontractor will collect, process and market recyclables. 3. Grantee will provide recycling service for city offices in the Chula Vista civic Center. Materials collected will include the following: high grade office paper, aluminum, glass and cardboard. 4. Gr.antee will establish a Commercial Outreach Program aimed at local businesses. 5. Grantee shall monitor and document program participation rates, number of participants, and tonnage of material collected by material type on a monthly basis, by route. The methodology for obtaining this information will be included with the data. 6. Before implementation of the program, Grantee shall send an informational brochure to every office scheduled to participate in the program. The purpose of the brochure will be to promote the program to the employees in the targeted area. The brochure will contain the following information: a. The projected start date of the program; b. Proposed collection schedules; c. The materials to be placed in the recycling containers; d. A summary of how the program operates; and e. Information highlighting the advantages of recycling. All materials, news releases, brochures, and publications, written 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 San Diego county Department of Public works, Division of Solid Waste. ANY CHANGES TO THE SCOPE OF WORK MUST RAVE PRIOR APPROVAL BY THE GMNT MANAGER. acopes\cityev q,z.g 1ttf Information Item DATE: April 23, 1991 TO: VIA: Honorable Mayor and City Council John Goss, City Manage~ Athena Lee Bradley, Conservation Coordinator ~ FROM: RE: Office Recycling Program As discussed in the report to Council regarding the City's Office Recycling Program, staff was to brief the Resource Conservation Commission (RCC) on the program and provide Council with a brief written update regarding the Commission's comments. However, because of the cancellation of the scheduled RCC meeting for April 22, staff was unable to present the program to the Commission. Again, due to the time sensitivity of the program start-up needs, including ordering containers and printing materials, staff is requesting that Council adopt the reso 1 ut ion accept i ng the grant funds for the Offi ce Recyc 1 ing Program. The Chair and staff for RCC have reviewed the report and resolution. The resolution and a description of the program will be mailed to all RCC members, and staff will present the program at the next scheduled meeting of the Commission, on May 6. This will allow RCC members to have input into the formation of the program and development of staff educational materials. An Information Report will be given to Council following the May 6 RCC meeting in order to provide Council with the comments members may have regarding the Office Recycling Program.