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HomeMy WebLinkAbout1997-363 RESOLUTION NO. 97-363 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CI OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF A AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH FOR THE PROVISION OF REFUSE DISPOSAL SERVICES TO PATTON STATE HOSPITAL. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TH CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized an directed to execute on behalf of the City an Agreement with the State of California Department of Mental Health for the provision of refuse disposal services to Patton State Hospital, a copy of which is attached hereto marked Exhibit "A" and incorporated herei by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced Agreernent i rescinded if the parties to the Agreement fail to execute it within sixty (60) days of th passage of this Resolution. SECTION 3. Resolution 96.211 and amendments thereto and any other resolution in conflict herewith are hereby repealed. IIII IIII IIII IIII IIII IIII IIII November 7, 1997 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 97-363 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CI OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH FOR THE PROVISION OF REFUSE DISPOSAL SERVICES TO PATTON STATE HOSPITAL. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayo and Common Council of the City of San Bernardino at a joint regulameeting thereof, held on the 15th day of December, 1997, by the following vote, to wit: The foregoing resolution is hereby approved this 11"- day of Decembe;"1997. ~ '- Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City frttorney ') , J / By:ja,'}'>ui", T. !/c?-~-,." // / November 7, 1997 2 97-363 STATE :Jr' CALIFORNI~~\ ~ _ _ srA'ND.~D AGREEMENT - APPROVED BV TIlE ATIORNEY GENERAL STD. :. (REY. 5-91) . . CONTRACT NUMBER AM.NO 97-30022 TAXPAYER'S FEDERAL 1.0. 95-6000772 THIS AGREEMENT, made and entered into this 10TH day of OCTOBER , 1997, in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE OF OFFICER ACTING FOR STATE AGENCY Department of Mental Health, Patton State Hospital, hereafter called the State, and Hospital Administrator CONTRACTOR'S NAME CITY OF SAN BERNARDINO . 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: (Set forth service to be rendered by Contractor, amount to be paid Contractor, time for performance or completion, and attach plans and specifications, if any.) Contractor agrees to provide the services specified in: Exhibit Exhibit Exhibit attached "A" Program Narrative; "B" Specific Provisions; and "C" General Conditions; hereto and by this reference hereby made apart of this agreement. I Certify that I have reviewed this agreement, an d .r mental policy. and it meets current program Summers, Executive Director i~~ rovisions on the reverse side hereof constitute a part of this agreement. WHEREOF, this agreement has been executed by the parties hereto, upon the date first abo\'2 written. S!rA!rE OF CALU'ORNIA CON'rRAC!rOR AGENCY DEPARTMENT OF MENTAL HEALTH Patt n State Has ital (A S GNATURI!:) CONTRACTOR(If other than an individual, state whether a corporation, partnership, etc.) CITY OF SAN BERNARDINO BY (AUTHORIZED S GNA!rURl!:) SIGNING n!rLl!l HOSPITAL ADMINISTRATOR PRI ED NllMI!l AND n!rLl!l OF PERSON SIGNING TOfl) f'1I.//'JDK, (tLA'--lOfZ ADDRESS: 300 NORTH D STREET SAN BERNARDINO, CA 92418 ULI!lPHONl!l: 909 384-5145 PROGRAM/CATEGORY (CODE AND TITLE) f'UND TITLE AMOUNT ENCUMBERED BY THIS CONTRACT $19,999.00 SUPPORT GENERAL Department of General Services Use Only PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT (OPTIONAL USE) TOTAL AMOUNT ENCUMBERED ITEM OBJECT 348.50 I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED ~UNDS ARE AVAILABLE DATE 1 of 5 ~ STATE O~ CALIFORNIA STANDARD AGREEMENT STD. 2 (REV. 5-91) (REVERSE) ,.~ . 1. The Contractor agrees to indemnify, defend and save harmless the state, it's 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 the 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 of the essence in 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. 97-363 CONTRACTOR: CONTRACT ,: CITY OF SAN BERNARDINO 97-30022 EXHIBIT "A" Program Narrative 1. Contractor agrees to provide refuse disposal service for five state-owned disposal containers and one rented disposal container. All bins shall be located at Patton State Hospital, 3102 E. Highland Avenue, Patton, CA 92369. 2. The quantity and size of the state-owned containers to be serviced are: One (1) 40-yard bin and four (4) IS-yard bins. Contractor shall provide monthly rental and refuse disposal service for one (1) 40-yard container. This bin will be used to collect "green waste" only. 3. The rented bin shall be placed in a location mutually agreed upon between the Project Coordinator and Contractor. 4. Disposal service shall be provided by the Contractor, when service is requested by the Project Coordinator. 5. Contractor shall possess all applicable licenses, permits, and insurance; and, must comply with any requirements set forth by an authorized agency. 6. Contractor shall leave a receipt for pick-up of refuse with the Project Coordinator. 7. Contractor shall abide by all applicable safety and code regulations. 2 OF 5 97-363 CONTRACTOR: CONTRACT .: CITY OF SAN BERNARDINO 97-30022 EXHIBIT "B" Specific Provisions 1. The term of this contract shall be July 1, 1997 through June 30, 1998. 2. The State has designated Robert Abarca, Landscape Supervisor II, telephone 909/425-7291, or his designee to be the Project Coordinator. 3. Upon completion of the services in EXHIBIT "A", Program Narrative, performed in a manner acceptable to the State, and upon the submission of an invoice in triplicate as specified in EXHIBIT "C", paragraphs 3 and 4, the State agrees to pay Contractor, monthly in arrears. 4. The total amount payable under this contract shall not exceed $19,999.00. Rates are established by resolution of the City of San Bernardino Mayor and Common Council and are as follows: QUANTITY SIZE CAPACITY FEE PER PICK MONTHLY (EACH BIN) UP RENTAL RATE (EACH BIN) 4 15 cubic yard 4 tons $221.60 none - bins state owned 1 40 cubic yard 8 tons $368.20 none - bin state owned 1 40 cubic yard GREENWASTE $155.00 $75.00 bin These rates were taken from the "Commercial Refuse Bin Service - Monthly Charges" sheet furnished by the City of San Bernardino. 5. This contract shall not be effective until it has been approved by Patton State Hospital. 3 OF 5 97-363 CONTRACTOR: CITY OF SAN BERNARDINO CONTRACT 1:97-30022 EXHIBIT "C" General Provisions 1. Contractor shall submit any subcontracts to the Hospital for approval prior to implementation. Upon termination of any subcontract, the Hospital shall be notified immediately. 2. By signing this contract, contractor swears upon penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal Court has been issued against this contractor within the immediately preceding two-year period because of the contractor's failure to comply with an order of a Federal court which orders the contractor to comply with an order of the National Labor Relations Board (Public Contract Code, Section 10297). 3. All reports, invoices, or other communications are to be delivered to the Project Coordinator, Patton state Hospital, 3102 E. Highland Avenue, Patton, CA 92369. 4. All invoices are to be submitted in triplicate, stating the agreement number and the time period covered, to the Project Coordinator as specified in EXHIBIT liB". It is further understood that in no event shall the rates listed in Exhibit "B" be exceeded. 5. This agreement may be canceled at any time by either party, by giving 30 days written notice to the other party, and may be amended upon mutual consent. 6. Contractor understands that no Federal or State income tax will be withheld from the payments under this contract. However, the Hospital is required to report all payments to the Internal Revenue Service for tax purposes. No distinction of fee, travel, or per diem will be made. No wage and tax statement (W-2) will be issued for the services performed under this agreement. 7. Contractor understands that the product(s) and the contractor staff services provided in fulfillment of the requirements of this contract will be evaluated by the State (Public Contract Code Section 10370). 8. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40), or sex. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section 12900 et seq.) and the applicable regulations promulgated thereunder (California Administrative Code, Title 2, Section 7285 et seq.). The applicable regulations of the 4 OF 5 "'.:. EXHIBIT "C" CONTRACTOR: CITY OF SAN BERNARDINO Gen~r~l Provisions (Continued) CONTRACT ':97-30022 97-363 97-36fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Administrative Code, are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Contractor shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the contract (SAM 1204.5). 9. Should a dispute arise under this contract, contractor may in addition to any other remedies which may be available, provide written notice of the particulars of such dispute to the Deputy Director, Division of Administration, Department of Mental Health, 1600 Ninth Street, Sacramento, CA 95814. Such written notice must contain the contract number. Within ten days of receipt of such notice, the Deputy Director, Division of Administration, shall advise contractor of his findings and a recommended means of resolving the dispute (Public Contract Code Section 10381). 10. Contractor agrees to place in each of its subcontracts, which are in excess of $10,000.00 and utilize State funds, a provision that: "The contracting parties shall be subject to the examination and audit of the Auditor General for a period of three years after final payment under contract (GOVERNMENT CODE SECTION 10532)". The Contractor shall also be subject to the examination and audit of the Auditor General for a period of three years after final payment under contract (GOVERNMENT CODE SECTION 10532). 11. Contractor hereby certifies under penalty of perjury that a percentage (0% TO 100%) of the materials, goods, supplies offered, or products used in the performance of this contract meet or exceed the minimum percentage of recycled material as defined in Section 12161 and 12220 of the Public Contract Code. 5 OF 5