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HomeMy WebLinkAboutReso 1981-10642 RESOLUTION NO. 10642 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BE'IWEEN THE CITY OF CHULA VISTA AND SAN DIEGO COUNTY FOR SOLID WASTE MANAGEMENT GRANT FUNDS AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Chula Vista does hereby resolve as follo.vs: NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of the Ci ty of Chula Vista that that certain agreanent between THE CITY OF CHULA VISTA, a municipal corporation, and SAN DIEGO COUNTY, for solid waste management grant funds dated the 6th day of October , 19 81 , a copy of which is attached hereto and incorporated herein, the same as though fully set forth herein be, and the same is hereby approved. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista be, and he is hereby authorized and directed to execute said agreanent for and on behalf of the City of Chula Vista. Presented by Approved as to form by '-m~\l~ C?~/v Mark J. Pfi ter, irector of Parks & Recreation ~ ./' George D. Lindberg, City Attorney CHULA 198 1 ADOPTED AND APPROVED VISTA, CALIFORNIA, this , by the following vote, by the CITY COUNCIL of 6th day of October to-wi t: the CITY OF AYES: Councilmen McCand1iss, Scott, Hyde, Cox NAYES: Councilmen None ABSENT: Councilmen Gi 11 ow vL D.J.J.Jl ~(M . ~~ Mayor of the City of Chula Vista ATTE _~/., ___~~ Cit Cl: rk If STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, , City Clert: of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amended or repealed. DATED-'- City Clerk Form No. 342 Rev. 7/81 AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR USE OF SOLID WASTE MANAGEMENT GRANT FUNDS THIS AGREEMENT entered into this 6th day of October, 1981, between the County of San Diego, hereinafter referred to as "County", and the City of Chula Vista, hereinafter referred to as "Grantee" for use of grant funds obtained pursuant the Solid Waste Management Act of 1980, Chapter (Commencing with Section 68000) of Division 7.8 of the Government Code. WITNESSETH: WHEREAS, the County has obtained a grant from the Solid Waste Management Board pursuant to the provisions of the Solid Waste Management Act of 1980, and WHEREAS, Section 68043 of the Government Code controls the allocation of such grant funds. NOW THEREFORE, the County and Grantee mutually agree as follows: 1. The amount of Grantee's share shall not exceed $7,855. 2. The term of this agreement shall run from March 2, 1981, to July 1, 1983. Grantee shall not commence performance pursuant to this agreement until the agreement has been fully executed by both parties and, if needed, approved by the State Department of General Services and Department of Finance. 3. Grantee agrees to perform those duties set forth in the Scope of Work (Exhibit A; which is attached hereto and incorporated by reference). 4. The Grantee agrees to indemnify, defend and save harmless the State and the County, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the Grantee in the performance of this agreement. k. - I I) l if.-:!,; 5. The Grantee, and the agents and employees of Grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California or the County. 6. The State or County may terminate this agreement and be relieved of the payment of any consideration to Grantee should Grantee fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State or County may proceed with the work in any manner deemed proper by the State or County. The cost to the State or County shall be deducted from any sum due the Grantee under this agreement, and the balance, if any, shall be paid the Grantee upon demand. 7. Without the written consent of the State or the County, this agreement is not assignable by Grantee either in whole or in part. 8. Time is the essence of this agreement 9. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 10. In interpreting this agreement, the following terms shall have the meanings given to them below, unless the context clearly indicates otherwise. a. "Act" means the State Solid Waste 11anagement Act of 1980, set forth at Government Code Sections 68000 et seq. b. "Grantee" means the party who shall receive the funds granted by this agreement and shall perform the terms and conditions set forth herein. ;e-I06~0 c. "Project" means the work to be accomplished by the Grantee under this agreement, as described in the Scope of Work (Exhibit A), and in other terms of this agreement. d. IlLitter Control Grant" means any grant made to Grantee pursuant to Section 68043 of the Government Code. e. "Term" means the time during which this agreement will be per- formed by the Grantee. f. "Scope of Work" means the description of the work which the Grantee will carry out, as set forth in the County's applica- tion for this grant. The Scope of Work is made a part of this agreement and is set forth in Exhibit A. g. "County" means the County of San Diego. 11. Grantee shall expend the grant monies granted herewith prior to the expiration date of this agreement. 12. In order to carry out the intent of the Legislature as stated in Government Code Section 68042(d), Grantee agrees that it shall use the funds provided by this grant to supplement and not replace funding presently existing for the same purposes that this grant will serve. 13. a. The Grantee shall be entitled to make use of such staff and subcontractors as are mutually acceptable to the Grantee and the County. Any subcontractors not specifically identified in the Scope of Work (See Exhibit A), shall be subject to approval by the Executive Officer of the Solid Waste i~anagement Board and the County. The Grantee shall be responsible for the work of the subcon- tractors including but not limited to monitoring of task performance and ensuring that any State funds used by subcon- tractors shall be expended in a manner consistent with the State Solid Waste l1anagement Act and requlations promulgated thereunder. Grantee shall initiate any action to expedite ~-ICJ6 '/.2-- b. completion, to maintain the project on schedule, or to adjust the schedule to compensate for unavoidable delays. 14. Neither party hereto shall be considered in default of the perfor- mance of its obligations herein to the extent that the performance of any such obligation is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of such party. 15. This agreement shall inure to the benefit and bind the successors of each of the parties. 16. The County will have the right to terminate this agreement at its sole discretion at any time upon thirty (30) days written notice to the Grantee. The County shall also have the right to terminate this agreement immediately for failure of the Grantee to comply with the terms and condi- tions of this agreement. In case of early termination, a final payment will be made to the Grantee upon receipt of a report covering costs incurred to termination. 17. The Grantee shall comply with all applicable federal, state, and local laws, ordinances, regula tions and permits. The Grantee shall secure any new permits required by authorities having jurisdiction over the project, and shall maintain all presently required permits. 18. It is the primary responsibility of the Grantee to comply will all the terms and conditions of this grant agreement, to efficiently and prop8rly manage and account for grant funds, and to complete the project in a diliGent and professional manner so as to ensure success of the project. 19. a. The Grantee hereby waives all claims and recourse against the state and County including the right for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to this agreement except claims arising from t~e concurrent or 801e neglieence of the State or the County J their officers, agents, ancl eiaployc8s. b. The Grantee shall indemnify, hold harmless and defend the state and County, their officers, aeents and employees aeainst any and all claims, dem3nds, dam2e8S, costs, expenses or liability co~ts arising out of the acquisition, develop:L1cnt, /I~ 6' F/;L /' construction, operation and maintenance of the property acquired for the project, which claims, dew.ands, or causes an action to arise under Government Code Section 895.2 or otherwise, except for liability arising fro~ the concurrent or sole negligence of the State or County, their officers, agents, or employees. c. In the event the State and/or the County is named as co-defen- dant under the provisions of Government Code Section 895 et seq., the Grantee shall notfiy the State and/or County of such fact and shall represent the State and/or County in the legal action unless either party undertakes to represent itself as co-defendant in such leeal action; in which event either party shall bear its own litigation costs, expenses, and attorneys' fees. d. In the event of judgment entered age ins t the Sta te, Coun ty, and Grantee because of the concurrent neeliGence of the State and/ or the County and/or Grantee, their officers, aeents or employees, any apportionment of liability to pay such jud@ncnt shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 20. The state and County have the right at any time durine this aeree- ment to inspect and reproduce any written or printed matter in the Grantee's possession relatine to the agreement effort. 21. Equipment purchased with grant funds shall beco:oe th'J property of the Grantee upon the delivery thereof into the Grantee's control and posses- sion. Grantee shall takA legal title, where applicable, in its own name. Grantee shall use such equipraent only for public pUl''pO;h}~3 equivalent to tho::>8 for which this agreement is made. ~-ltJ6Y~ / 22. The Grantee agrees to place litter receptacles funded wholly or in part by litter control grant funds only in public places and to mark those receptacles with the state anti-litter symbol and a statement of the penal- ties for littering in this state. 23. Funds paid to the Grantee pursuant to this agreement may be used for salaries, wages, equipment, and materials insofar as such purchases are not in conflict with the purposes of the section or sections of the Govern- ment Code under which this grant is made, the Scope of Work, and other terms, conditions, provisions, and requirements of this agreement. 24. a. Grantee shall pay private entities in arrears. Payment requests may be submitted no more frequently than monthly. b. All payments are expressly conditioned upon submission to the County of a request for payment, certified by the Grantee in accordance with the procedures listed in Attachment B. All payments will be deliveries or services performed within the effective dates of this grant unless this agreement is specifi- cally modified in writing to provide a later completion date. c. The amount to be paid the Grantee under this agreement includes all costs of the project described in the Scope of ,lork in Exhibit A, including: direct labor; operation overhead; out of pocket expenses for travel and subsistence; subcontracting services; data processing; report reproduction costs; and sales and use taxes incurred pursuant to this agreement, including any such taxes due on equipment purchased by the Grantee. The Grantee shall not receive additional compensation for reim- bursement of the same costs which are paid by the State and shall not decrease \'lork to compensate thereof. The consider- ation to be paid Grantee, as provided, herein, shall be in com- pensation for all of Grantee's expenses incurred in the perfor- mance hereof, including travel and per diem, unless otherwise expressly so provided. ~-ld6-Y,;L -' 25. Grantee shall maintain accounting records of expenditures incurred during the course of the project. Such records shall be readily available for inspection by the State and/or County. This record shall be maintained for a minimum of three years after the expiration date of this agreement, and shall be available to the State and/or County at any time during such three year period. 26. The State and/or County may review the project and the Grantee's expenditures of the funds paid under the provisions of this agreement. If such a review reveals funds are not being expended or have not been expended in accordance with the grant contract, the Grantee shall forfeit the unexpen- ded portion of the grant funds, and shall repay the State for any improperly expended monies. Any repayment for forfeiture shall revert to the State Solid Waste Management Fund for expenditure during the grant period in which the monies are returned. 27. a. The Grantee will submit a brief status report to the County within twenty (20) days of the end of each calendar-year quarter. (Quarters will run from January-March: April-June: July-September; October-December.) This quarterly report must include: 1. a description of the progress in meeting the project imple- mentation schedule; 2. general observations (i.e., problems and solutions to those problems, successes, etc.). b. Forty (40) dyas after completion of work or after the end of the agreement period, the Grantee shall forward a final report to the County. The report shall be substantially in the format specified by the State in the Litter Control Grant Procedures Manual. ;( -/ {J ~ ,y';L c. Upon receipt of the report, the State and/or County may perform an inspection or an audit; upon satisfactory completion of the audit or, if no audit is made, upon approval of the report, the State will give clearance for Grantee to be awarded any subsequent grant for which it is otherwise eligible and has applied under Title 7.8, Chapter 1 of the Government Code. 28. All official communication from the Grantee to the County shall be directed to Program Development, Solid Waste Division, Department of Public Works, County of San Diego, 5555 Overland Avenue, San Diego, CA 92123 IN WITNESS WHEREOF this Agreement is hereby executed and made. COUNTY OF SAN DIEGO CITY OF CHULA VISTA By ,:i('+fi'~ Ass't Clerk of the Board of Supervisors By 6J~ 1~-/~ Approved and/or Authorized by Board of Supervisors, County of San Die~o OCT 6 1981 1f' d (,. lIr:/iil/;}&,d~ C'~,!\ of the Board of Supervisor A - /d r:,~;L Exhibit A (Scope of Work) The County of San Diego and the Cities for whom the County administers the grant do not separately identify their litter control programs. For the most part, the litter programs are included in major programs such as public works, engineering, transportation, parks and recreation, and solid waste. These litter grant funds, which are being distributed by the County of San Diego to the cities noted on Page One of this agreement, are to be used solely for the purposes of litter control. K - It? {; .y.2---'