HomeMy WebLinkAbout1996-211
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RESOLUTION NO. 96-211
RESOLUTION OF THE CITY OF SAN BERNARDINO 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.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
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 herein by
reference as fully as though set forth at length.
SECTION 2. The authorization to execute the above referenced Agreement is
rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the
passage of this Resolution.
SECTION 3. Resolution 95-192 and amendments thereto and any other resolution in
conflict herewith are hereby repealed.
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June lO, 1996
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RES 96-211
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RESOLUTION OF THE CITY OF SAN BERNARDINO 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 Mayor
and Common council of the City of San Bernardino at the regular meeting thereof, held
on the lstday of July , 1996, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
NEGRETE x
x
CURLIN
x
ARIAS
x
OBERHELMAN
DEVLIN x
ANDERSON x
MILLER x
~1f~
Rac Clark, City Clerk
The foregoing resolution is hereby approved thi~
of
July , 1996
~~.. ( )11. /tLc?,-
I Tom Minor, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F Penman
City Attorney
By fh~ 1- l~
o
June lO, 1996
2
RES 96-211
STATE OF CALIF0I1NIA
STANDARD AGREE)fENT - APPROVED BY TIlE ATIORNEY GENERAL
STD. 2 (REV. 5.91)
TAXPAYER'S FEDERAL 1.0.#
',," "r~ '1' RISK MANAGEMENT 95.6000772
THIS AGREEMENT, lIIIlde)and'eiltet'~ iRt~(Ji14TH day of MARCH, 1996, in the State of California, by and between State of CaLifornia,
through its duly elected or appointed, quaL ified and acting
I UERt<
fij) IE ~ ~~ W ~ fO-i
IN SEP 09 1996 l.W
CONTRACT NUMBER
96.30022
AM.NO
TITLE OF OFFICER ACTING FOR STATE
DEPUTY DIRECTOR
DIVISION OF ADMINISTRATION
CONTRACTOR'S NAME
AGENCY
Department of Mental Health, Patton State
Hospital, hereafter called the State, and
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 8S follows: (Set forth service to be rendered
by Contractor, amount to be paid Contractor, time for rerformen~e ~r con~letionr and attach plans and spccificatior~, if any.)
Contractor agrees to provide the services spec~fied in:
Exhibit 'A' Program Narrative;
Exhibit 'B' - Specific Provisions; and
Exhibit 'C' - General Conditions;
attached hereto and by this reference hereby made apart of this agreement.
this agreement, and it meets current program
i~frl
The provisions on the reverse side hereof constitute a part of this agreement.
IN ~JTNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
SIGNING
CONTRACTOR
CONTRACTOR(I ot er than an Ind~vl ua , state
whether a corporation, partnership, etc.)
CITY OF SAN BERNARDINO
~ED SIGNATYRE)
P. IN ..tl NA~~1tIiL.~ PERSON SIGNING
it
N TH D TREET
SAN BER~~RDINO, CA 92418
OF ADMINISTRATION TELEPHONE: 909/384- 5145
PROGRAM/CATEGORY(CODE AND TITLE) FUND TITLE
AGENCY
DEPARTMENT OF MENTAL HEALTH
LINDA A P W LL
TITLE
DEPUTY DIRECTOR, DIV.
AMOUNT ENCUMBERED BY THIS CONTRACT
$30.000.00
PR I OR AMOUNT ENCUMBERED FOR
THIS CONTRACT
SUPPORT
GENERAL
Department of General Services
Use only
(OPTIONAL USE)
$
348.50
POAM PQUCY DUDen
Department 01 General Service.
APPROVED
AUG 2 7 1996
$
ITEM I CHAPTER !STATUTEIFISCAL YEAR
4440.001.001 PENDING 1996 96197
OBJECT OF EXPENOITURE(CODE AND TITLE)
TOTAL AMOUNT ENCUMBEREO TO
DATE
1 HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNOS ARE AVAILABLE
FOR THE PERIOD ANO PURPOSE OF THE EXPENDITURE STATED ABOVE.
SIGNATURE OF
-7'j
ORIGINAL SIGNED BY
BY JOHN Go BRAKKE
AIs'I. Chief c.u..1
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RES 96-211
CONTRACTOR:
CONTRACT .:
CJ:TY 01' SAN BBJUilARDUJO
96-30022
BXHJ:BJ:T "A"
Program Narrative
1. Contractor agrees to provide refuse disposal service for one
(1) 40-yard and four (4) 15-yard container bins at Patton
state Hospital.
2. Disposal service shall be provided by the Contractor, when
service is requested by the Project Coordinator.
3. Contractor shall possess all applicable licenses, permits, and
insurance; and, must comply with any requirements set forth by
an authorized agency.
4. Contractor shall leave a receipt for pick-up of refuse with
the Project Coordinator.
5. Contractor shall abide by all applicable safety and code
regulations.
!PJIEWfEnW/E .
SEP 0 9 1996 f/)J
RlSI{ MilA.
"'''AGEMEIVT
2 01' 6
RES 96-211
CONTRACTOR:
CONTRACT .:
CITY OP SAN BERNARDINO
96-30022
EXHIBIT "B"
Specific Provisions
1. The term of this contract shall be July 1, 1996 through June
30, 1997.
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
$30.000.00.
5. This contract shall not be effective until it has been
approved by the Department of General Services.
(fi) ~ ~ IE ~ \W IE [0 \
lI\\ SEP 0 9 \~95 l!J)
RISK MANAGEMENl
3 OP 6
RES 96-211
CONTRACTOR:
CONTRACT t:
CITY OF SAN BERNARDINO
96-30022
EXHIBIT "B-I"
Budget - Price Breakdown
Refuse Disposal
Disposal service for four (4) 15-yard bins owned by Patton state
Hospital:
Pickup {up to four (4) tons}
Over-weight (over four (4) tons)
$ 221. 60
$ 36.65
Disposal service for one (1) 40-yard bin owned by Patton state
Hospital:
pickup (up to eight (8) tons)
$
$
368.20
Over-weight {over eight (8) tons}
36.65
Rates are established by resolution of the City of San Bernardino
Mayor and Common Council.
rrn ~ @ ~ ij WI IE rOI
IN SEP 0 9 1996 UJ.I
RISK MANAGEMENT
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1.
'l
CONTRACTOR: CITY OF SAN BERHf, NIl@/EnWlIE
CONTRACT ':96-30022 Lf\r SEP 09 1996
i'iIS#( MA
IVAGEMEN1
Contractor shall submit any subcontracts to the Hospital for
approval prior to implementation. Upon-termination of any
subcontract, the Hospital shall be notified immediately.
EXHIBIT "C"
General provisions
RES 96-211
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 10296).
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 "B". It is further
understood that in no event shall the maximum price
specified in Exhibit "B-1" 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
5 OF 6
, l:JJ l{i~ ~n 011 reo ,
CONTRACTOR:CITY OF SAN .~AIu:lr1f() Ii W'iI: in
. SEP [i 9 19!:J&' LU-
RlS#( MANAGEM
Fair Employment and Housing Commission implementing ENr
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).
CONTRACT ':96-30042
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. It is mutually understood between the parties that this
contract may have been written and executed prior to July 1,
for the mutual benefit of both parties, in order to avoid
program and fiscal delays which could occur if the contract
were executed after July 1, of the State fiscal year.
11. It is mutually agreed that if the Budget Act does not
appropriate sufficient funds for the program, this contract
shall be invalid and of no further force and effect. In
this event, the State shall have no further liability to pay
any funds whatsoever to the contractor or to furnish any
other considerations under this contract, and the contractor
shall not be obligated to perform any provisions of this
contract.
12. This contract is valid and enforceable, only if sufficient
funds are made available by the Budget Act for the 96/97
fiscal year for the purposes of this program. In addition,
this contract is subject to any additional restrictions,
limitations, or conditions enacted by the legislature which
may effect the provision, terms or funding of this contract
in any manner.
13. 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).
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