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HomeMy WebLinkAboutSolid Waste Management Board & State Litter Control,,f-tr„,„4,;,,,,,. .,:-.:.i,-,4•,:-,,4':,„,..,5,4,,,i•,?‘:,,,,,..-,;-,-e-;•'->•.•:---..'„'..:-. --'••• .-'*:',.'''''''-,'. - .-'' ' .a I STATE LITTER CONTROL vs s S i '1,''''1:t'''•,4-'.- 4 5 • STATE OF CALIFORNIA—THE RESOURCES AGENCY are-- EDMUND G. BROWN JR.,Governor STATE SOLID WASTE MANAGEMENT BOARD 1020 NINTH STREET,SUITE 300 P.O.SOX 1749 Date 9 SACRAMENTO,CALIFORNIA 95808 CITY OF ARCAWA City of Arcadia I Md 2 41979 City Manager 240 W. Huntington Drive Arcadia, California CITY MANAGER Re: Agreement # S g i- coo LG 1. Please sign and return all of the attached copies of the agreement for .further .processing. Contracts are not effective until approved by .the State Department of General Services or the contracting State Board as required by State procedure. When fully approved, the original copy will be sent to you. 2. Please initial changes on all copies of the agreement on page(s) and return all copies for further processing. 3. Attached for your records is a fully executed copy of subject agreement. To expedite payment, please include the agreement num4er On your invoice. 4. Attached are copies of this agreement which have been signed on behalf of the contracting State Board. When fully approved, please return the original approved copy, and any additional copies not needed for your processing, to this office, Attention: Contracts Section. 5. It is necessary for us to receive from public agencies, a resolution by the governing body authorizing execution of the agreement. 6. Inquiries concerning the services to be performed under this agreement should be referred to: 7. The date of final approval of the attached agreement was � o( /7 !2_2. The first payment period shall begin on thi •=to and it subsaczent payment periods . hall run consecutively from :e day after the end of etch previous payment period. 8. Other: Inquiries concerning the processing of this agreement should be referred to the Contract Section, P.G. Box 1743, Sacramento, California, 95808; (916) 322-333C Attachments • • (1) • 100% PONT co.SUMr0 AECYCLCD .A PIA 0 cONTAACTon I *STANDARD AGREEMENT — AT NEY aEN[ AL *IS El TAT! •GENCY • 1 STAYS OF.CALIPORMI• 1:3 DlPT.or aEN, eEl iTO, i (REV. 11/711 ❑ cONTQOLLER all / $ 19 ❑ THIS AGREEMENT, made and entered into this I day of + the State of California, by and between State of California, throe its duly or appointed, ❑ qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY AWMeER • Executive Officer State Solid Waste Management Board s'g-q/-,aex L hereafter coiled the State, and City of Arcadia beratdier coiled the Contractor. ' WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the Stat 4"*-- hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: '*e► • f5ft(crib service to be rendered by Contractor,amount to'be paid Contractor,time for performance or completion,and attach plans ead specifications,i f any.) This agreement sets forth the terms and conditions of a grant from the State of California, acting through the Solid Waste Management Board, to City of Arcadia • • hereinafter referred to as the "Grantee", pursuant to the Litter Control, Recycling and Resource Recovery Act of 1977, Chapter 1, Division 7.8 of the Government Code. The purpose of this grant is to provide funds to the Grantee from the Solid Waste Management • Board to carry out provisions of Government Code section §68043 by controlling litter in California. The amount of this grant shall not exceed $ 7,187 . The - term of this grant agreement shall run from 1_17_79 to 6-30-79 , but Grantee Y shall not begin work under this agreement until it has been fully executed and, if needed, __. approved by the State Departments of General Services and of Finance. Until this .agreement -- has been executed and approved, Grantee shall not begin work based on this grant agreement. e The provisions on the reverse side hereof constitute a part of this agreement. . '' IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written_ — �. _------------- STATE OF CALIFORNIA CONTRACTOR CONTR ACTOR (If OTHER TNAN AN INOIVIDUAL. STATC WNETHER • CORPORATION AGENCY PANTN ERSNIP, ETC,) -- St to Solid Waste Management City of Arcadia Y _ ON IAUTr I D SIG A RE) t BY IAU 'O'j j SIGNATURE) TITLE \ TITLE ecutive Offie • ty Manager ADDRESS 240 W. Huntington Drive Arcadia )CONTINUED ON—SHEETS, EACH BEARING NAME OF CONTRACTOR) FUND '�— am a......--,--- AMOUNT ENC M RED APPROPRIATION Department of General Services / / j��� General Use ONLY L$ C� �` STATUTES FISCAL TEAR UNENCUMBERED BALANCE ITEM CHAPTER 1 � 78/79 I$ 174 359 7 978 0 '1 •OJ. INCREASING CNCUMIRANCE FUNCTION • ' ADJ. OECREASINO ENCUM•RANCC LINE ITEM ALLOTMENT 11 VV Lt3 T.D.*. NO. U.N. NO. I he+ruhy (wilily upon my own plrSImsl l.niiehedga lust borigesrd fund. um iv'11iI11hl.1 for thc m.riod 111111 purpNtiu 4)f IN./IEJNTNI/ture htatlid eeiPrve. � "a/1 4_,t GA T_ "" OF ACCOUNTING, FI -R /! �J^ /LJ 112 f9 L}Flt {/9 1 Ife+I�C11flli)' dint oil conditions of HRt1111pINN1 wtt forth Itt stalk/.111+nlne•.Ipeto w+51u+ttu71 1111 64111 ('ompl I II With 4)1111 III I1 41I•un1I•ItI IN e'Trwpt frtnn R•VI,•W by Ill"1J,ryrtetwold of 11Nmuv•..., SIGNA 1. JIB Of ►IC N 1 Gi ING ON U+IIALF" 4)F Tlet.. •cs-NC■ 7•A :, • • • • 1. 'The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, 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 Contractor in the performance of this contract. -2. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of .. State of California. —- �. ,. t.. . . • . 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and 17 iuthe manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the .. ' Contractor upon demand. _ _. 4: Without the written consent of the State, this agreement is not assignable by Contractor tither in whole or in part. 5. Time is the essence of this agreement. 0. 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. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for • all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. 8. 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 Litter Control, Recycling and Resource Recovery Act of 1977, 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. "Project" means the work to be accomplished by the Grantee under this agreement, as described in the Scope of Work, Attachment A, and in other terms of this agreement. d. "Litter Control Grant" means any grant made to Grantee pursuant to sections 68043, 68048, 68049, and 68050 of the Government Code. • S • • • a. "Term" means the time during which this agreement will be performed by the Grantee. 1. "Scope of Work" means the description of the work which the Grantee will carry out, as set forth in Grantee's application for this grant. The Scope of Work is made a part of this agreement and is set forth as part of the application (Attachment A). 9. Grantee agrees to all terms and conditions of this agreement. 10. Performance shall commence upon the State's approving this agreement. This agreement is of no force and effect until such approval has been given. 11. a. Subject to the availability of grant monies under the Act, the State hereby grants the Grantee a sum of money not to exceed the amount set forth on page one of this agreement, in consideration of, and under the condition that, such sum be expended in carrying out the -purposes of the Act in the manner stated in the 'Scope of Work (Attachment A) and under the terms and conditions set forth in this agreement. -b. 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. c. The Grantee agrees to expend the grant monies granted herewith prior to the expiration date of this agreement. 12. 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 Government Code under which this grant is made, the Scope of Work, and other terms, conditions, provisions, and requirements of this agreement. 13. a. Requests for payment of grant funds shall be submitted no more often - than quarterly by the Grantee in accordance with the State's advance payment request procedures listed in Attachment C. b. Payment will be made not more than once per calendar quarter, upon submission by the Grantee of a quarterly request for advance payment and a financial report detailing or verifying the previous quarter's expenditures. e. All payments are expressly conditioned upon submission to the State of the above-mentioned itemized request and report, certified by the Grantee. All payments will be for deliveries or services performed within the effective dates of this grant unless this agreement is specifically modified in writing to provide a later completion date. • • • • Sire „goo Wit. -Quarterly advance payments shall be withheld by the State as security for Grantee's performance pending submission of a financial report detailing the previous quarter's expenditures. Each financial report shall be submitted to the State along with supporting documents which describe and document to the State's satisfaction the work performed, activities undertaken, or other progress of the project. The financial report and supporting documents must itemize and break down all allowable costs into budget object categories; for example, personnel, fringe benefits, travel, equipment, supplies, contractual services, construction, indirect charges, etc. The financial report and the documents supporting it shall be submitted to: Solid Waste =.Management Board, P.O. Box 1743, Sacramento, CA 95808, Attention: Roger Dunstan *. 'The Grantee shall submit a final financial report detailing expenditures of funds during the grant period within sixty (60) days after satis- factory completion of this grant. f. If mileage and per diem are paid, it shall not be in an amount greater than that allowed to State employees under the State Board of Control rules. g. The amount to be paid the Grantee under this agreement includes all State costs of the project described in the Scope of Work in Attachment 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 or reimbursement for the same costs which are paid by the State and shall not decrease work to compensate therefor. • h. In the event that Grantee fails to provide a quarterly or final financial report, Grantee shall forfeit further payments under this • grant agreement and shall waive any claim it may have to any subsequent grants under Chapter 1 of Title 7.8 of the Goverment Code (commencing with section 68000) . The Grantee shall also waive any claim it may have to such grants if it expends funds granted subject to this agreement for purposes not contemplated by this agreement. 14. 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. 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 at any time during such three year period. • • 15. The State 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 accord- ance with the grant contract, the Grantee shall forfeit the unexpended portion of the grant funds, and shall repay the State for any improperly expended monies. Any repayment or forfeiture shall revert to the State Litter Control, Recycling and Resource Recovery Fund for expenditure during the grant period in which the monies are returned or during the immediately following grant year. 16. The State shall have the right at any time during this agreement to inspect and reproduce any written or printed matter in the Grantee's possession relating to the agreement effort. 17. a. In the event the Grantee receives from the Solid Waste Management Board or other State agency, or otherwise comes to possess as a result of performance of this agreement information, data or material of a confidential or proprietary nature which is or would be exempt from the requirements pertaining to the disclosure of public records, pursuant to the California Public Records Act (Government Code section 6250 et seq.) , the Grantee agrees to exercise reasonable care to ensure that such information, data or material is disclosed to only those persons who require it in the performance of this agreement, and to prevent its disclosure to all other persons. At the conclusion of this agreement, the Grantee shall return all such information, data or material and all copies thereof to the Solid Waste Management Board. • b. Any questions relating to the applicability of this provision of the agreement shall be referred to the Solid Waste Management Board for resolution in accordance with its regulations. 18. Before purchasing any equipment to perform work under this agreement, Grantee shall first obtain the approval of the State. Any purchase made without State authorization shall be deemed a breach of this agreement, and shall be grounds for withdrawal of this grant and any subsequent grants. If approval is given, such equipment shall become the property of the Grantee upon the delivery thereof into the Grantee' s control and possession. Grantee shall use such equipment only for public purposes equivalent to those for which this agreement is made. 19. a. The Grantee shall be entitled to make use of such staff and sub- contractors as are mutually acceptable to the Grantee and the State. All subcontracts between the Grantee and any subcontractors not specifically identified in the Application (Attachment A) , shall be subject to approval by the Executive Officer of the Solid Waste Management Board. b. The Grantee shall be responsible for the work of the subcontractors including but not limited to monitoring of task performance and ensuring that any State funds used by subcontractors shall be expended in a manner consistent with the State Litter Control, Recycling and Resource Recovery Act and the regulations promulgated thereunder. Grantee shall initiate any action to expedite completion, to maintain • the project on schedule, or to adjust the schedule to compensate for unavoidable delays. 20. Neither party hereto shall be considered in default of the peformance 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. 21. This agreement shall inure to the benefit and bind the successors of each of the parties. 22. The State shall have the right to terminate this agreement at its sole discretion at any time upon thirty (30) days written notice to the Grantee. The State shall also have the right to terminate this agreement immediately for failure of the Grantee to comply with the terms and conditions 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. 23. The Grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations and permits. The Grantee shall secure any new permits required by authorities having jurisdiction over the project, and shall maintain all presently required permits. 24. All official communication from the Grantee to the State shall be directed to Litter Management Branch, State Solid Waste Management Board, P.C. Box 1743, Sacramento, CA 95808, or to a representative of the Litter Management Branch. 25. The provisions of the attached "Fair Employment Practices Addendum" are incorporated by reference. 26. No changes which significantly alter the design or scope of the project which is set forth in this agreement shall be made or permitted by the Grantee without prior approval of the Solid Waste Management Board. Such changes, upon the Board' s formal approval, shall be made in the form of a written amendment to this grant agreement. 27. It is the primary responsibility of the Grantee to comply with all the terms and conditions of this grant agreement, to efficiently and properly 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. 28. a. The Grantee hereby waives all claims and recourse against the State including the right for loss or 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 the concurrent or sole negligence of the State, its officers, agents, and employees. • b. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents, and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation and maintenance of the property acquired for the project, which claims, demands, or causes of action arise under Government Code section 895.2 or otherwise, except for liability arising from the concurrent or sole negiligence of the State, its officers, agents, or employees. c. In the event the State is named as co-defendant under the provisions of Government Code section 895 et seq. , the Grantee shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as co-defendent in such legal action; in which event the State shall bear its own litigation costs, expenses, and attorney' s fees. d. In the event of judgment entered against the State and Grantee because of the concurrent negligence of the State and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 29. a. Upon completion of work or at the end of the agreement period, the Grantee shall forward a draft final report to the State. Upon acceptance of the final report by the Executive Officer of the State Solid Waste Management Board, the Grantee shall forward two copies of the report to the State, which shall incorporate all reasonable alterations and additions to the report as mutually agreed upon • between the State and the Grantee. b. The report shall contain an accounting of the total funds expended during the course of the project and .of the expenditures in all categories of the project. c. The report shall be substantially in the format specified by the State. The format outline shall be forwarded to the Grantee three months in advance of the termination date of this agreement or upon Grantee's request. 30. The following items are attached to this agreement and are made a part of and incorporated into this agreement as if fully set forth herein: Attachment A - Application for Litter Control Grant Attachment B - Fair Employment Practices Addendum Attachment C - Invoice Procedures • 31. a. The project report shall contain an evaluation of the Grantee's progress in cleaning up litter, including amount of litter cleaned up, locations from which it has been removed, and final disposition of it. b. The report shall contain, in tabular form, the number of citations and warnings issued for violations of state and local litter laws by code section or ordinance numbers, in carrying out of the litter enforcement program for which funds are granted hereunder. 32. Notwithstanding the quarterly advance payment procedure in provision 13 above, the grant monies to be provided Grantee under this agreement may be disbursed by the following method: Upon the State's approval of this agreement Grantee shall be paid, based upon its request for advance payment submitted with its application, one hundred percent (100%) of the total grant amount. Upon completing the project, Grantee shall send its project report, the State may perform an inspection or an audit; upon satisfactory completion of the audit, or if no audit is made, upon approval of the project 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. 33. Notwithstanding the quarterly advance payment procedure in provision 13 above, no grant monies will be advanced until the grantee submits to the State Solid Waste Management Board an acceptable proposal for the expenditure of litter law enforce- ment funds allocable under section 68049 of the Litter Control, Recycling and Resource Recovery Act of 1977. • • --------- --A'n?Ac44 M 1',N'L' A ------- -— . . • Slate iii.L.:Illurnla . Sc)I.IU WASTE MNNn:1F.mf.NT ilonnn STATE LIT )NTItOL, RECYCLING& RESOURCE ItECO OGRAM ER SHEET —STATE GRANT APPLICAT 1 1. project title 2. IXj City ( 1 County ( I Other: Street Sweeper Rebuilding . . Ia 3. Applicant's name,mailing address& ZIP code , City of Arcadia, 240 W. Huntington Drive, Arcadia, California, 91006 ss 4. Applicant's street address If different from mailing address 5. County N/A Los Angeles +e- 11• Name&title of person with day-to-day responsibility for project 7. Area code&phone no. [NI Mr. ( 1Ms• Chester N. Howard, Public Works Director (213) 446-4471 ext.50 8. Name&title of person with authority to accept service of process 9. Area code&phone no. EA Mr. ( 1 Ms. Lyle y. Alberg- Cit Manager (213) 446-4471 ext.12 10. Term of project .7 11. Anticipated start&finish dates 12. will sub-contractors be used? February 28 — May 31, 1979 [XI Yes(see section 15) [ I No 3 13. Amount requested by 14. Brief description of project Government Code Section: As a result of Proposition 13, we have had to review a decision to replace one of our Mobile $ 7 187 68043•LITTER CLEANUP•' � Motor Street Sweepers this fiscal year. A company in the area is totally rebuilding aging street 68046•RESOURCES&ENERGY sweepers of this type for approximately $22,000. RECOVERY The cost of rebuilding a sweeper therefore is 68047-RECYCLING CENTERS approximately one half that of a new sweeper. The rebuilt sweeper will have a useful life of 6-8 years. ' 68048-EDUCATION The City of Arcadia's street sweeping program is 68049-ENFORCEMENT the main litter control program we have. There- fore, the use of the City's share of Section 68050-LITTER RECEPTACLES 68043 (Litter Clean-Up) to support this program is appropriate. 68051 -SPECIAL RECYCLING PROJECTS Attached for your reference is: 1) a brief • • description of Arcadia's street sweeping program, • and 21 specifications and approximate cost 7,187 TOTAL REQUESTED figures for the rebuilding of a Mobile Motor Sweeper. 15. Other Information • 16. CERTIFICATION Under penalty of perjury, l hereby certify that Applicant has met, or will meet, all federal,state and local environmental, affirmative action,and clearinghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of the grant funds. I further certify that Applicant fully understands that the State Solid Waste Management Board will not assume any responsibility to ensure compliance with any federal, state or local codes, laws or regulations, but that the State Solid Waste Management Board may conduct an onsite audit and investigation to ensure : compliance. ., Lyle W. Alberg ' City Manager ' I ,;,�JJJ 7 Name of Authorized Person Title Signature / Da e THE.l'OI.LOW/NG INI'ORMA?ION WILL BE COMPLETED BY SIi SIB ST-Il'F: / /1 a. Data applic tion calved b. Date of acknowledgement to applican ' c. Estlmat determination of eligibility It <L' lfq) _ 1 I'Y-'/s' d. File no. e. Grant approved f. Con act no. [ 1 Yes f 1 No Date: _4 g. Analyst h. Internal phone no. I. Division 7uNS r -Ki 2--i Wt ' r I SWAB 3 5 ARCADIA'S STREET SWEEPING PROGRAM AND THE IMPACT OF THE PROPOSED PROJECT The City of Arcadia has had a motorized street sweeping program for approximately 40 years. Currently, the priorities for street sweeping are as follows. First, the commercial areas of the City are swept each work day. Second, all residential areas are swept once each week immediately after refuse pick-up days (since the refuse crews leave some litter behind) . During last fiscal year the City operated a fleet of 4 sweepers. These motor sweepers swept a total of 30, 000 miles during that time, or an average of 7, 500 miles per year for each machine. All totaled, approximately 6,000 cubic yards of material were swept up by the City ' s sweeper fleet last year. It is estimated that 45% of all this material is "litter" as defined in SB 650, for a total of approximately 3,700 cubic yards last year. The City of Arcadia's street sweeping program is the main litter clean-up program in the community. The operational costs alone of this program are $120,000 this year. The cost of a new sweeper is $42, 000, a large capital outlay for this fiscal year in light of the passage of Proposition 13. By making do with rebuilding one of our present sweepers, the City will lower /76 Sel this cost to only $22 ,000. If the City uses all of its $7,187 in litter clean-up monies toward this rebuilding cost then litter clean-up monies will cover only 35% of the total cost . Since the rebuilt sweeper will be used 45% of the time for a 6-8 year period to pick up litter, the use of Section 68043 litter clean-up money seems well justified. The City plans to use this State money for this purpose during this year only. -2- /77 *1W*" • ``�li►f ATTACHMENT B FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion,ancestry, sex*,age*,national origin, or physical handicap*. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion,ancestry, sex*, age*, national origin, or physical handicap*. Such action shall include, but not be limited to, the following: employment,upgrading, demotion or transfer; recruitment or recruitment advertising;layoff or termination;rates of pay or other forms of compen• Sation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous places, avail- able to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his/her records of employment, employment advertisements, applica- tion forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purpose of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 3. Remedies for Willful Violation: (a) The State may determine a willful violation of the Fair Employment Practices provision to have occurred upon receipt of a final judgement having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employ- ment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Practices provision, the State shall have the right to terminate this contract either in whole or in part, and any loss or damage sustained by the State in securing the goods or services hereunder shall be borne and paid for by the Contractor and by his/her surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the price named in the contract and the actual cost thereof to the State. • *See Labor Code Sections 1411 - 1432.5 for further details. • IrD. 1 (1/77) 'Al a. /.. lk too • ATTACHMENT C INVOICE PROCEDURES • 1. A Payment Request must be submitted in triplicate. 2. All copies of the Payment Request are to be sent to: -.. Litter Management Branch State Solid Waste Management Board P.O. Box 1743 Sacramento, CA 95808 3. Thirty days should be allowed for normal processing and issuance of _.- a warrant by the State Controller's Office. 4. A listing of incurred costs must be made when requesting an advance. • 5. An original signature must be entered on the Payment Request. 6. Any questions on invoice preparation should be discussed with the State Solid Waste Management Board program analyst assigned to the grantee. 7. Local government grant recipients may receive advance payments. Recipients receiving less than a combined total of $3,000 for litter law enforcement and litter cleanup, may request a 100% advance. All others may request quarterly advances. 8. Private entities can receive payments on a reimbursable basis only. Payment Requests can be submitted no more frequently than monthly. Nu" RESOLUTION NO. 4 790 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE STATE LITTER CONTROL, RECYCLING AND RE- SOURCE RECOVERY FUND WHEREAS, the Legislature of the State of California has enacted the State Litter Control , Recycling and Resource Recovery Act which pro- _ vides funds to certain entities for litter cleanup, litter law enforce- :: ment , litter education . and purchase of litter receptacles; and WHEREAS, the State Solid Waste Management Board has been delegated the responsibility for the administration of the program, setting up -. necessary procedures governing application by local agencies under the program; and WHEREAS , said procedures established by the State Solid Waste Manage- ment Board require the applicant to certify the approval of applications prior to submission of said applications to the State; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arcadia as follows : Section 1 . We approve the filing of an application for funding under the Litter Control , Recycling and Resource Recovery Fund; and Section 2 . We certify that said agency understands the general pro- visions of the grant agreement ; and Section 3. We authorize the City Manager as agent of the City to conduct all negotiations , execute and submit all documents including but not limited to applications , grant agreements, amendments and pay- ment requests, which may be necessary for the completion of the afore- mentioned program. Section 4. The City Clerk shall certify to the adoption of this Resolution . STATE OF CALIFORNIA COUNTY OF LOS ANGELES } ss. CITY OF ARCADIA I, CHRISTINE VAN MAANEN, the duly elected qualified and acting Clerk of the City of Arcadia, California, do hereby certify that the foregoing is a full, true and correct copy of RESOLUTION NO. 4790 ADOPTED NOVEMBER 7, 1978 as the same appears of record and on file in my office,and that I have carefully compared the same with the original. In Witness whereof, I have hereunto set my hand and affixed the seal of the City of Arcadia, this 9th day of November 19 78 i Clerk of the City of Arcadia,California By Doputy . . NINO • STATE SOLID WASTE MANAGEMENT BOARD RESOLUTION NO. 78-220 APPROVING LITTER CONTROL GRANT APPLICATIONS UNDER THE STATE LITTER CONTROL, RECYCLING AND RESOURCE RECOVERY ACT WHEREAS , the State Litter Control Recycling and Resource Recovery Act provides grant funding for cities and counties for litter cleanup and litter law enforcement; and WHEREAS, the Solid Waste Management Board has adopted regulations and procedures for applying for funding under the Act; and WHEREAS, the Board finds that the following cities and counties have made application for grant funds according to the regulations adopted by the Board; and WHEREAS, the Board approves the litter control programs proposed by the following cities and counties, as described in their applications; NOW, THEREFORE, BE IT RESOLVED that the Executive Officer is authorized to execute grant agreements under the State Litter Control, Recycling and Resource Recovery Act with the following entities as described below: Cleanup Enforcement City of Burbank -. - (Los Angeles Co.) $.10,912 $ 1,395 City of Lancaster (Los Angeles Co.) 8,949 City of Los Gatos --�- (Santa Clara Co.) 5,137 City of Maywood (Los Angeles Co.) 2,035 298 City of Rancho Mirage (Riverside Co.) 1,875 173 City of Soledad (Monterey Co.) 745 - City of Victorville (San Bernardino Co.) 3,804 327 City and County of San Francisco 79,642 17,475 San Luis Obispo Co. 40,235 9,490 Ventura Co. 78,123 14,574 • • Page 2 Resolution 78-220 ` wr✓ BE IT FURTHER RESOLVED that the Executive Officer is authorized to execute grant-agreements under the State Litter Control, Recycling and Resource Recovery Act with the following entities described below, with the provision that the Executive Officer will negotiate an agreement to include the enforcement funds allocated to the respective entities: Cleanup Enforcement City of Arcadia (Los Angeles Co.) $7,187 $ 767 CERTIFICATION The undersigned Executive Officer of the State Solid Waste Management Board _ -_ does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Solid Waste Management Board held on December 14-15, 1978. Dated: DEC 1 5 1978 0449n-Pg'&41:' Albert A. Marino • Executive Officer • Nose Nwie . , M 4 .,,,- , ....A ec . o'de e JANUARY 16, 1979 TO: LYLE W. ALBERC FROM: CHESTER N. HOWARD CITY MANAGER DIRECTOR OF PUBLIC WORKS SUBJECT: STATE LITTER CONTROL, RECYCLING & RESOURCE RECOVERY PROGRAM ENFORCEMENT GRANT Attached hereto is a State Grant Application for $767.00 to be used in enforcement activities to counter the problem of littering within the City. Said application has been accepted by the State Solid Waste Management Board, and pursuant to Item 14 on the Application it is necessary that a choice be made between the two methods of proposed use of these funds. The application was reviewed by the Arcadia Beautiful Commission at their meeting on January 11 and said oimm ii[on recommends that the Agreement for the use of these funds provide for the development of a decal to be used on refuse containers, street sweepers and refuse trucks. It is therefore recommended that the City Council approve the Commission's recommendation and authorize the City Manager to execute the necessary agreements with the State Agency. On receipt of the funds City Staff will develop an appropriate decal that will be presented to the City Council for your approval. Respectfully yours, Je (444, AlellPM .. CHESTER N. HOWARD Director of Public Works " i APPROVED i s. ,� . !1 fL;.t �w+ Ly e W. Alberg, City Matrager CNti/ds , o 2 a... SI If APPENDIX C Slate o1 California • SOLID WASTti MANAGEMENT BOAR() STATE LITTER CONTROL.RECYCLING&RESOURCE RECOVERY PROGRAM COVER SHEET-STATE GRANT APPLICATION •^1-7-r,,;Iect thin- _. .�. �...-.r .._. 2. <I City I 1 County Litter Law Enforcement Symbols t I other, 3 Applicant's name,mailing address& SIP Code City of Arcadia, 240 W. Huntington Drive, Arcadia, California 91006 Applicant;street address if different from mailing address S. County N/A Los' Angeles II. Name P. title of person with daY•lo•day rasponsihlllty for project 7. Area code&phone no. 1}d M) 1IMS. Chester N. Howard, Public Works Director (213) 446-4471, ext. !O a. Name P. title of person with authority to accept service of process 9. Area Code& phone no. IXIMr 1 1m, Lyle W. Alberg, City Manager (2.13) 446-4471, ext. 32 10 Term of project 11. Anticipated start a, finish dates 12. Will subcontractors be used? 11 months Feb. 1 - Sept. 1979 I I Yes Ise*section 151 PC 1 NO 13. Amount requested by 14. Brief description of project Government Code Section: Due to the limited law enforcement funds avail- s _ 68043 LITTER CLEANUP able, the best use of these funds seems to be �'"-- to make litter laws more visible to citizens. Two methods are proposed: 68046• RECOVERY (' &ENERGY a) A poster contest at local High School to come up with an anti-litter poster _ 68047 RECYCLING CENTERS eriNx to be used in local stores, etc. OR fir The production tf an anti-litter decal _ •. 88048•EDUCATION dei for use on refuse containers, street sweepers and refuse trucks. (Note: 767.00 68049•ENFORCEMENT / Decal to include State Litter Symbol) — Monies will be used to defray printing costs and for a prize for poster contest. The 08050 LITTER RECEPTACLES Arcadia Beautiful Commission will decide between these plans at their regular meeting �. 68061 •SPECIAL RECYCLING in January. PROJECTS 767.00 TOTAL REOUESTEO le Other Informatlne 16. CERTIFICATION Under penalty of perjury, l hereby certify that Applicant has met, or will meet, all federal,state and local environmental, affirmative action, and clearinghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of tlw grant funds. 1 further certify that Applicant fully understands that the Slate Solid Waste Management Board will not • assume any responsibility to ensure compliance with any federal, state or local codes, laws or regulations, but that the State Solid Waste Management Board may conduct an ot/site audit and investigation to ensure compliance. Lyle W. Alberg City Manager Nar,e of Author_ i_ed _ s person -w Title Signature Date THIi I.OI./.ON'ING INFORMATION Nil.!.ah'COMPt.liTl•1111Y SHWA STAFF: a Date application received b. Date of acknowledgement to applicant c. Estimated determination of eligibility d. f Ile nn O. Grant approved f. Contract no. 1 1 vas 1 ) No Oates fl. Analyst h. Irfternal phone no. I. Division &unit ° SWMI 1 } % 4004' November 7, 1978 TO: LYLE W. ALBERG FROM: CHESTER N. HOWARD CITY MANAGER DIRECTOR OF PUBLIC WORKS SUBJECT: REPORT ON STATE LITTER CONTROL GRANT REMANUFACTURE OF 1970 MODEL MOBIL STREET SWEEPER Under the State Litter Control Program, grant funds are available in the amount of $7,187 for litter collection and control. The main ongoing program of the City of Arcadia is that of street sweeping, and it is staff's opinion that the easiest means of utilizing these funds would be to submit an application for a grant which if approved would allow the funds to be applied against the cost of a replacement street sweeper. The current Capital Improvement Program contains funds in the amount of $42,000 for the replacement of a 1970 Model Mobil TE3 street sweeper. This machine would be approximately 9 years old by the time a new machine is delivered. Recently, due to the high cost of a sweeper, there are one or more companies that are specializing in the remanufacture of this type of equipment wherein the quality of the final product is such that the company will provide the same warranty as would apply to a new machine. The cost depending on whether the machine is a single or double gutter broom would vary from $20,000 to $22,000. The remanufactured machine would have new front and rear engines, transmission, electrical wiring, hydraulic system, elevator system, and brakes in addition to other new and rebuilt items. The old machine is stripped down to the frame, thoroughly inspected and repaired as necessary and the final product is basically a new machine in every respect with the exception that it would be a 1970 model. The City of Los Angeles has reconstructed 30 machines, and Inglewood has just received delfuery of a 1967 model mobil sweeper that was reconstructed in the same manner; and both cities are satisfied with the remanufactured equipment. It is anticipated that a rebuilt sweeper would have a useful life of six to eight years and the breakeven point for this City would be an additional life of four years. With potential savings on the order of $20,000 City staff feels that the aforementioned 1970 model machine should be rebuilt in lieu of spending $42,000 for a new machine. It is therefore recommended that the City Council by resolution approve subject grant application, and further authorize staff to advertise for alternate bids on a replace- ment or remanufacture of a 1970 Model TE3 mobil sweeper. Respectfully submitted, y l/ r. CHESTER N. HOWARD 4 J APPROVE : Director of Public Works City Manager CNH:ms C�(� Attachment �._.. Slalo ni t.aiilomla SOLID WASTE MANAGEMENT HOARD STATE LITTEL INTROL, RECYCLINg 87 RESQURCE RECOVER' 30GRAM GIVER SHEET -STATE GRANT APPLICATIOR 1. Project title 2. I}{1 City I ) County 1 Street Sweeper Rebuilding I 1 Other: 3. Applicant's name,mailing address& ZIP code City of Arcadia, 240 W. Huntington Drive, Arcadia, California, 91006 4. Applicant's street address if different from mailing address 5. County N/A Los Angeles 6. Name&title of person with day-to-day responsibility for project 7. Area code& phone no. [}(j Mr. [ 1 Ms. Chester N. Howard, Public Works Director (213) 446-4471 ext.50 8. Name&title of person with authority to accept service of process 9. Area code& phone no. [A Mr. [ 1 Mt. Lyle W. Alberg. City Manager (213) 446-4471 ext.12 10. Term of project 11. Anticipated start &finish dates 12. Wilr sub-contractors be used? 3 months F-bruar 28 - Ma 31 1979 ( Q Yes(see section 15) ( I No 13. Amount requested by 14. Brief description of project Government Code Section: As a result of Proposition 13, we have had to ' review a decision to replace one of our Mobile $ 7,187 68043• LITTER CLEANUP Motor Street Sweepers this fiscal year. A company in the area is totally rebuilding aging street 68046- RESOURCES& ENERGY sweepers of this type for approximately $22,000. RECOVERY The cost of rebuilding a sweeper therefore is 68047• RECYCLING CENTERS approximately one half that of a new sweeper. The rebuilt sweeper will have a useful life of 6-8 years. 68048•EDUCATION The City of Arcadia's street sweeping program is 68049-ENFORCEMENT the main litter control program we have. There- fore, the use of the City's share of Section 68050- LITTER RECEPTACLES 68043 (Litter Clean-Up) to support this program is appropriate. 68051 •SPECIAL RECYCLING Attached for our reference is: 1) a brief PROJECTS y description of Arcadia's street sweeping program, and 2) specifications and approximate cost $ 7,187 TOTAL REQUESTED figures for the rebuilding of a Mobile Motor _I Sweeper. 15. Other information ' 1i 16. CERTIFICATION Under penalty of perjury, l hereby certify that Applicant has met, or will meet, all federal, state and local environmental, affirmative action,and clearinghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of the grant funds. I further certify that Applicant fully understands that the State Solid Waste Management Board will not assume any responsibility to ensure compliance with any federal, state or local codes, laws or regulations, but that the State Solid Waste Management Board may conduct an onsiteaudit and investigation to ensure compliance. Lyle W. Alberg City Manager ; >>> /40:•"%.2 /17/ Name of Authorized Person Title Signature / Date THE FOLLOWING INFORMATION WILL BE COMPLETED BY SWMB STAFF: j / a. Date application received b. Date of acknowledgement to applican c. Estimated determination of eligibility d. File no. e. Grant approved f. Contract no. ( ] Yes ( j No Date: g. Analyst h. Internal phone no. I. Division & unit J� SWMB 3 `Iv s Y , C STATE OF CALIFORNIA GEORGE DEUKMEJIAN, Goveoror "/ CALIFORNIA WASTE MANAGEMENT BOARD 1020 NINTH STREET, SUITE 300 = J SACRAMENTO, CA 95814 CITY OF AR(AnIA O JUL 21 i• 86 JUL 24 1986 MAYOR Dear Mayor Young: COU '°�Ci` The California Waste Management Board (CWMB), in an effort to assist in the development of effective litter control programs, is encouraging local governments and landfill / transfer station operators to implement truck tarping programs. The basis for this request stems from the recent finding of the 1985 California Litter Survey, conducted by the Institute for Applied Research. The Board contracted for this survey to measure the changes in the litter wastestream since the 1974-75 litter survey, which was conducted for the California Legislature. The survey indicates that since 1975, accidental litter has increased by 75%. A major source of accidental litter is uncovered trucks. Many of the vehicles currently going to landfills and transfer stations do not comply with state law or local ordinances. The City of Portland, Oregon and the Metropolitan Service District there developed a truck tarping program that has proven to be very effective in alleviating this one source of accidental litter. The District passed a local ordinance which stipulates that: All vehicles arriving at a landfill / transfer station with loads which are both uncovered and which are susceptible to being blown from the vehicle while in motion shall be charged double the total disposal fee which would otherwise be charged. The District took the litter abatement efforts one step further by offering an alternative. The alternative gave residents the option of purchasing an inexpensive tarp ($3.50 - $5.00) at the entrance gate in lieu of being charged the double fee. Of course, the revised ordinance was advertised extensively before program implementation. As a result of this program, the approach routes to the facilities were noticably free of litter; and, the District was able to achieve a 95% compliance rate without any noticeable increase in illegal dumping. The CWMB and its Local Enforcement Agency Advisory Council support this program and encourage city and county governments to work with landfill and transfer station operators throughout California to develop a similar program. Board staff is available to assist in program development. In order to /d. Page 2 implement such a program in California, a sales permit from the Board of Equalization would be required. However, there is no fee for such a permit; and, in most cases, a bond would not be required because the volume of tarp sales would not be enough to trigger such a requirement. As part of the CLEAN (California Litter Education and Action Network), we are developing a manual entitled "Guidelines for Effective Litter Law Enforcement". This manual will contain several other litter abatement techniques which might be of interest to you. If you would like to receive a copy of this manual when published, please send your request to: Marlene Mounts Litter Program Coordinator California Waste Management Board 1020 9th Street - Suite 300 Sacramento, CA 95814 If you have any questions regarding this program or any other litter abatement programs, please contact Ms. Mounts at (916) 322-8748 or 322-6165. Sincerely, Aeg/te■--- Cearef-* Sherman E. Roodzant Chairman i;Pc7--?-,___----- &14/O, Les Brown, Member Ginger Bremberg, Membe Representing California Counties Representing California Cities %110 NI1110 STI.TE OF CALIFORNIA GEORGE DEUKMEJIAN, Governor CALIFORNIA WASTE MANAGEMENT BOARD 1020 NINTH STREET, SUITE 300 SACRAMENTO, CA 95814 Dear Mayor Young: In 1985 the California Waste Management Board (CWMB) contracted with the Institute for Applied Research to conduct a California Litter Survey. The purpose of the survey was to measure the changes in the litter wastestream since the 1974-75 survey conducted for the California Legislature. In addition, the Board wanted to measure the effectiveness of the Board's litter abatement program--the California Litter Education and Action Network (CLEAN). I want to share with you the findings of this litter survey. The information in the final report may provide guidelines as to the future direction your community may wish to take toward effective litter abatement programs. The major findings indicate that: 1. Litter in California is up 24% since 1975. 2. The "fresh" litter rate was on the average 26% lower in those jurisdictions with active litter control programs than those jurisdictions without litter control programs. 3. Deliberate littering of convenience products actually decreased by 20%, while accidental littering soared by 75%. Many California communities have developed effective community based programs to address our growing litter problem. An effective program not only provides litter cleanup, it provides activities that get to the source of the litter. CLEAN provides guidelines to communities for the development of an effective litter abatement program involving all segments of the community, including business/industry, local government and civic leaders. This program is designed to assist communities to develop projects that get to the sources of litter before the trash becomes litter in the first place. If your community has not yet joined CLEAN, I encourage you to consider such a program. The findings of the Litter Survey provide a clear message-- California litter will not disappear without a proactive approach towards litter abatement. • 'titer Page 2 Through your leadership, CLEAN will address an issue that is on the minds of many California citizens. An effective program will increase prosperity and community pride to those communities who seek it. In fact a few years back, the Mayor of Albuquerque, New Mexico built an election campaign on the need for litter cleanup and community improvement--and won the election because he addressed a major concern of the citizens. The Board can assist you in the development of litter control programs and can provide you with a "Local Program Directory" which outlines the litter abatement programs implemented by 130 communities throughout California. The Directory also includes outlines of several similar programs in other states. If you wish to pursue a litter program in your community or wish to receive copies of the Board's technical assistance manuals or the 1985 California Litter Survey, please contact the Board's Litter Program Coordinator, Marlene Mounts, at (916) 322-8748 or 322-6165. Sincerely, 46501 Sherman E. Roodzant Chairman Ginger Bremberg, Membe 9 9� Representing California Cities NINO STATE Of CALIFORNIA—THE RESOURCES AGCY EDMUND G. BROWN JR.,Gov.rnor STATE SOLID WASTE MANAGEMENT BOARD 1020 NINTH STREET,SUITE 300 t �Q P.O. BOX 1743 C m C �, ,- ' Date / RECEIVED SACRAMENTO,CALIFORNIA 95808 �^ OP ') 1979 City of Arcadia APR 9 1979 City Manager CITY OF ARCADIA 240 W Huntington Drive CITY CLERK Arcadia, CA Re: Agreement # So -' --o2UO L-"1 1. Please sign and return all of the attached copies of the agreement for .further processing. Contracts are not effective until approved by .the State Department of General Services or the contractinrr State Board as required by State nroceaure. When fully approved, the original copy will be sent to you. 2. Please initial changes on all copies of the agreement on page(s) and return all copies for further processing. Attached for your records is a fully executed copy of subject agreement. To expedite payment, please include the agreement number on your invoice. 4. Attached are copies of this agreement which have been signed on behalf of the contracting State Board. When fully approved, please return the original approved copy, and any additional copies not needed for your processing, to this office, Attention: Contracts Section. 5. It is necessary for us to receive from public agencies, a resolution by the governing body authorizing execution of the agreement. 6. Inquiries concerning the services to be performed under this agreement should be referred to: AOThe date of final approval of the attached agreement was 3 /� /2. The first payment period shall begin on this date and all subsequent payment periods shall run consecutively from the day after the end of each previous payment period. 8. Other: Inquiries concerning the processing of this agreement should be referred to the Contract Section, P.O. Box 1743, Sacramento, California, 95808; (916) 322-3330 Attachments aD /OOq Folf.COMa nICCC.do ..C•y • STATE OF CALIFORNIA—THE RESOURCES AGENCY EDMUND G. BROWN JR.,Governor STATE SOLID WASTE MANAGEMENT BOARD 1040 NINTH STREET,SUITE 300 P.O. BOX 1743 SACRAMENTO,CALIFORNIA 95808 TO: All Litter Control Grant Applicants and Recipients: As a result of recent action by the State Legislature, revenues anticipated to be deposited in the State Litter Control, Recycling and Resource Recovery fund will be reduced by about one-third, annually. All retailers, and those wholesalers and manufacturers employing less than an average of three persons annually, are now exempt from the Litter Control, Recycling and Resource Recovery Assessment. The first year assessment under the law, is now due on September 30, 1979. Our best estimate is that the revised assessment will provide approximately $12.7 million to the fund annually. The Board has again begun executing grant agreements and advancing payment based on a recently received loan from the General Fund. Staff is making every effort to expedite the preparation and processing of grant agreements for projects previously approved by the Board. - What this means in terms of cities' and counties' litter cleanup and litter law enforcement entitlements is the following: . Litter cleanup and enforcement grants will be extended over a two year period,` ending June 30, 1980, and allocations over that period will be approximately four-thirds that of the first year allocation (the amount you were eligible for this year) . . With the exception of a few jurisdictions, grant agreements will immediately be executed at the level of funding applied for this year. The remainder will be executed after July 1, 1979 (funded from the State's FY 1979-80 budget) . . As soon as possible after the deadline for payment of the Litter Control, Recycling and Resource Recovery Assessment (September 30, 1979) , Litter Control Grant agreements will be amended to add the remaining grant funds (about one-third the amount you received this year) , and continue or expand the current year project. . Receptacle and education grant funds will not be available this year, as those monies are being used to support the previously announced level of entitlement funding. . Entitlements will probably be discontinued following FY 1979-80. Proposed legislation, SB 261, would make the entire grant program a competitive one starting July 1, 1980. While the changes that have taken place over the past month have been somewhat confusing and disheartening for us all, we can now begin to concentrate our • efforts and again work together to reduce waste and litter in California. Sincerely\,\ /� Wt J 1 W. Hagerty • Deputy Executive Officer ❑ CONTRACTOR APP RO' °-D BY THE 0 STATE AGENCY �� STANDARD AGREEMENT — ATTN./ L_ ❑ DEPT. OF GEN. SER. STATE IFORNIA (REV. STD. 2 (REV. 11/75) ❑ CONTROLLER /3714 d of 27-1-4141."4-4 , 19 79 , El THIS AGREEMENT, made and entered into this day in the State of California, by and between State of California, through its duly elected or appointed, ❑ qualified and acting NUMBER TITLE OF OFFICER ACTING FOR STATE AGENCY 200 LG Executive Officer State Solid Waste Management Board �iYrlQ/ri s8-41-200 hereafter called the State,and City of Arcadia hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, as follows: plans and specifications,if any.) (Set forth service to be rendered by Contractor,amount to be paid Contractor,time for performance This agreement amends contract such 845� be OGexpendedn carrying adding ithe yifout6the purposes consideration Actof, and under the condition that, s in the manner stated in the scope All otherktermsaandeprovisions ofeagreementms8a4a -200LGtlshall set forth in this agreement. remain in full force and effect. The following items are attached to this agreement and are made a part ioftand for incororated into this agreement as if fully set forth herein: Attachment A - App Control Grant. The following is attached hereto: 1. State Solid Waste Management Board Resolution 78-220 2. City of Arcadia Resolution 4790 The provisions on the reverse side hereof constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA CONTRACTOR • CONTRACTOR (IF OTHER THAN AN INDIVIDUAL, STATE WHETHER A CORPORATION AGENCY PARTNERSHIP, ETC•) Cit .f Arcadia BY UT O'_� D SIGNATUR BY (AUTHORIZE• SIGN UR ) �� i (' / r ��A 11 TITLE ' ITL- Manager Deputy Execu ve Of ficer • •DRE55 240 W. Huntington Dr. Arcadia, CA (CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR) APPROPRIATION FUND AMOUNT ENCUMBERED _ Department of General Services (/, ie R�A General Use ONLY ` UNENCUMBERED BALANCE ITEM 'CHAPTER STATUTES FISCAL 8 �nEAR $ 174 359 1978 /'9 ADJ. INCREASING ENCUMBRANCE FUNCTION I ' r?.4v certify that all ton- .967'7 ditions for exemption have ADJ. DECREASING ENCUMBRANCE LINE ITEM A LOTMENT ^ been complied with and this $ Aro V �1&,9 T.B.A. NO. B.R• NO. contract is exempt from the r I hereby certif upon my own personal knowledge that budgeted funds Department of General Serve are avai ibl• the period and pure• of • e pendit ure stated above. ices approval. SIGN•�III RE • AC COUN TIN / DATE .ik/ / X ���� s� b , ereb rtify that all candid.• . for •xemption set forth in State Administrative Manual Section 1209 haven complied with and this .icument is exempt from review by the Department of Fi ance. SIGN DATE -E O',•FFIC R SIG G ON BEHAL D OF THE AGENCY ' _' e ■ 1. The Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, 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 Contractor in the performance of this contract. 2. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is the essence of this agreement. 6. 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. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. p7 ,� 61, G/arS L 9S , ! r 7, tf'r APPENDIX C ATTACHMENT A State of California SOLID WASTE MANAGEMENT BOARD ,,,�__ ,�+ STATE LITTLRCONTROL, RECYCLING & RESOURCE RECOVERI�]ROGRAM • COVER SHEET -STATE GRANT APPLICATION County Proler;l title _-- 2. p{I City t 1 Y Litter Law Enforcement Symbols t I Other: 3. Applicant's name,mailing address& ZIP code City of Arcadia, 240 W. Huntington Drive, Arcadia, California 91006 Applicant's street address If different from mailing address 5. County N/A Los Angeles • f. Name& title of person with day-to-day responsibility for project 7. Area code& phone no. (Xj Mr. ( Ims. Chester N. Howard, Public Works Director (213) 446-4471, ext. E0 8. Name&title of person with authority to accept service of process 9. Area code& phone no. IXjms_ Lyle W. Alberg, City Manager (213) 446-4471, ext. 12 10. Term of project 11. Anticipated start &finish dates 12. Will sub-contractors be used? 11 months Feb. 1 - Sept. 1979 t 1 Yes(see section 151 G{) No 13. Amount requested by 14. Brief description of project Government Code Section: Due to the limited law enforcement funds avail- . 68043-LITTER CLEANUP able, the best use of these funds seems to be — -- to make litter laws more visible to citizens. Two methods are proposed: 68046- RESOURCES&ENERGY (a) A poster contest at local High School RECOVERY • to come up with an anti-litter poster 68047- RECYCLING CENTERS to be used in local stores, etc. OR (b) The productiontf an anti-litter decal 68048-EDUCATION for use on refuse containers, street sweepers and refuse trucks . (Note: 767.00 68049-ENFORCEMENT Decal to include State Litter Symbol) -- — Monies will be used to defray printing costs and for a prize for poster contest. The 68050-LITTER RECEPTACLES Arcadia Beautiful Commission will decide between these plans at their regular meeting 68051 -SPECIAL RECYCLING in January. PROJECTS 767.00 _ ._—__ TOTAL REQUESTED 15. Other Inlormatlon • 16. CERTIFICATION • Under penalty of perjury, l hereby certify that Applicant has met, or will meet, all federal, state and local environmental, affirmative action, and clearinghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of the grant funds. I further certify that Applicant fully understands that file State Solid Waste Management hoard will not assume any responsibility to ensure compliance with any federal, state or local codes, laws or regulations, but that the State Solid Waste Management Board may conduct an onsite audit and investigation to ensure compliance. Lyle W. Alberg City Manager -_- _ U� /.2/l7 i5, Name'.l Anthnriien Person title Signature Date 7111. I Yl1l.OIVZV( INFORMATION WILL BE COAII'LIiT1:Y1 11Y SIt'AIB STAFF: a. Dale application received b. Date of acknowledgement to applicant c. Estimated determination of eligibility JAN Z 9 1979 d file no. e. Grant approved f. Contract no. 1 1 Ye; I I No Date: — g. Analyst----__-- h. Internal phone no. —_` I. Division & unit SWNII 3 1,-c-1 • *1irr✓ ° CITY COUNCIL City o Arcadia MAYOR PARRY s, ROBERT G. MARGETT ' MAYOR PRO TEMPORE 240 WEST HUNTINGTON DRIVE CHARLES E. GILB ARCADIA, CALIFORNIA DONALD D. PELLEGRINO JACK SAELID LYLE W. ALBERG CHRISTINE VAN MAANEN CITY MANAGER CITY CLERK January 18 , 1979 Mr. Roger Dunstan State Solid Waste Management Board 1020 9th Street, Suite 300 Sacramento, CA 95808 Re: Final Determination of Litter Law Enforcement Symbols Proposal Dear Mr. Dunstan : As per our conversation of January 11 , this letter is to complete the Litter Law Enforcement application of the City of Arcadia for this year . The preliminary application (a copy of which is attached for your reference) listed two (2) possible alternatives for the use of the City 's Section 68049 Litter Law Enforcement monies. The choice between these alternatives was to be made upon review by the Arcadia Beautiful Commission and the Arcadia City Council . On January 11, 1979, the Arcadia Beautiful Commission recommended the use of Alternative "B" (the production of an anti-litter decal) as per the preliminary application. The Arcadia City Council concurred in the recommendation of the Commission at its January 16 meeting. A certified copy of the City Council 's motion on this matter is attached. Please forward the City ' s application for Litter Law Enforcement funds as amended by the above actions to the State Solid Waste Management Board for their review. Thank you for your consideration of this matter. Sincerely, 'LE W. ALBERG City Manager LWA:kl Attachments MAILING ADDRESSES TELEPHONES CITY HALL P.0. BOX 60 91006 448.4471 • 681.0276 LIBRARY 20 W. DUARTE ROAD 91006 446-7111 POLICE DEPARTMENT P.0. BOX 60 91006 447.2121 FIRE DEPARTMENT 710 S.SANTA ANITA AVE. 91006 446.2128 STATE SOLID WASTE MANAGEMENT BOARD RESOLUTION NO. 78-220 • APPROVING LITTER CONTROL GRANT APPLICATIONS UNDER THE STATE LITTER CONTROL, RECYCLING AND RESOURCE RECOVERY ACT WHEREAS , the State Litter Control Recycling and Resource Recovery Act provides grant funding for cities and counties for litter cleanup and litter law enforcement; and WHEREAS, the Solid Waste Management Board has adopted regulations and procedures for applying for funding under the Act; and • • WHEREAS, the Board finds that the following cities and counties have made application for grant funds according to the regulations adopted by the Board; and . WHEREAS, the Board approves the litter control programs proposed by the following cities and counties, as described in their applications; NOW, THEREFORE, BE IT RESOLVED that the Executive Officer is authorized to execute grant agreements under the State Litter Control, Recycling and Resource Recovery Act with the following entities as described below: Cleanup Enforcement __ _ City of Burbank • (Los Angeles Co.) $• 10,912 $ 1,395 City of Lancaster (Los Angeles Co.) 8,949 City of Los Gatos (Santa Clara Co.) • 5,137 City of Maywood (Los Angeles Co.) 2,035 298 City of Rancho Mirage (Riverside Co.) . 1,875 173 City of Soledad (Monterey Co.) 745 • City of Victorville • (San Bernardino Co.) 3,804 327 City and County of San Francisco 79,642 • 17,475 San Luis Obispo Co. 40,235 9,490 • 78,123 14,574 • Ventura Co. . Page 2 Resolution 78-220 wilme BE IT FURTHER RESOLVED that the Executive Officer is authorized .sr: to execute grant-agreements under the State Litter Control, Recycling and Resource Recovery Act with the following entities described below, with _ the provision that the Executive Officer will negotiate an agreement to include the enforcement funds allocated to the respective entities: Cleanup Enforcement City of Arcadia _. (Los Angeles Co.) $7,187 .$ 767 • CERTIFICATION • - The undersigned Executive Officer of the State Solid Waste Management Board does hereby certify that the foregoing is a full, true, and correct copy ;Of a resolution duly and regularly adopted at a meeting of the State Solid 'Haste Management Board held on December 14-15, 1978. dated: DEC 1 a 1978 Albert A. Marino Executive Officer • %we Iwo $ RESOLUTION NO. 4790 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE STATE LITTER CONTROL, RECYCLING AND RE- SOURCE RECOVERY FUND WHEREAS, the Legislature of the State of California has enacted the State Litter Control , Recycling and Resource Recovery Act which pro- vides funds to certain entities for litter cleanup, litter law enforce- ment , litter education , and purchase of litter receptacles ; and WHEREAS, the State Solid Waste Management Board has been delegated the responsibility for the administration of the program, setting up necessary procedures governing application by local agencies under the program; and WHEREAS , said procedures established by the State Solid Waste Manage- ment Board require the applicant to certify the approval of applications prior to submission of said applications to the State; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arcadia as follows : Section 1 . We approve the filing of an application for funding under the Litter Control , Recycling and Resource Recovery Fund; and Section 2 . We certify that said agency understands the general pro- visions of the grant agreement ; and Section 3. We authorize the City Manager as agent of the City to conduct all negotiations , execute and submit all documents including but not limited to applications , grant agreements, amendments and pay- ment requests, which may be necessary for the completion of the afore- mentioned program. Section 4 . The City Clerk shall certify to the adoption of this Resolution . I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 7th day of November , 1978, by the affirmative vote of at least three Councilmen , to wit . AYES: Councilmen Margett, Pellegrino, Saelid and Parry NOES: None ABSENT councilman Gilb /s/ CHRISTINE VAN MAANEN City Clerk of the City of Arcadia APPROVED this 7th day of November , 1978 /s/ DAVID E. PARRY Mayor of the City of Arcadia 4790 %ist Nom, STATE LITTER The City Council received the recommendation of the Arcadia Beautiful CONTROL Commission and staff concerning a State Grant of $767 to be used in AGREEMENT enforcement activities to counter problems attendant with littering APPROVED within the City. The Commission felt the funds could be used for decals to be placed on refuse containers, street sweepers and refuse trucks. It was MOVED by Councilman Margett, seconded by Councilman Pellegrino and carried on roll call vote as follows that the recommendation of the Arcadia Beautiful Commission be APPROVED and that the City Manager be and he is hereby AUTHORIZED to execute a State Grant 23:9711 Application for $767 under the Solid Waste Management Board, State Litter Control, Recycling and Recovery Program, to be used for litter law enforcement symbols in order to make the law more visible to citizens. AYES: Councilmen Hargett, Pellegrino, Saelid, Parry NOES: None ABSENT: Councilman Gilb 1-16-79