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RESOLUTION 95-192
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referenced Agreement is rescinded if the parties to the Agreement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 94-241 and amendments thereto and
any other resolution in conflict herewith are hereby repealed.
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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 19t
day of
June
, 1995, by the following vote, to wit:
Council Members: AYES NAYS
NEGRETE x
CURLIN x
HERNANDEZ x
-
OBERHELMAN x
-
DEVLIN x
-
POPE-LUDLAM x
MILLER x
ABSTAIN
ABSENT
~1~
Rac el Clark, C1ty Clerk
doll
The foregoing resolution is hereby approved this day
of
June
, 199~ ' ~/;/ '?
c~~?~ 6./~l a~>-
David Oberhelman, ,Mayor Pro Tem
City of San Bernardino
Approved as to form
and legal content:
James F Penman
city Attorney
{/1 I}
By ~1'~7 T.I~~
(/
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STATEOFCP-,'.l~'JRNIA .
STANDARD AGREEMENT - :~~~~~~~~N~:AL CONTRACTOR Ct"~
STD. 2 (REV.5-91)
CONTRACT NUMBER
95-30022
AM,NO,
TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER
THIS AGREEMENT, made and entered into this 23rd day of May .19~, 95-6000772
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
Deputy Director, Di v. of Adrninistratio
CONTRACTOR'S NAME
City of San Bernardino
epartment of Mental Health
Patton State Hospital
, hereafter called the State, and
,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 rendi!red by Contractor, amount to be paid Contractor,
time for performance or completion, and attach plans and specifications, if any.)
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;ONTINUED ON
SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
N WITNESS WHEREOF. this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
CONTRACTOR
,GENey Department of Mental Health
PRtton StRtp Ho~pit~
;(AUTHORIZEDS~~ _~
FlINTED NAME OF PERSON SIGNING "
CONTRACTOR (If other than an individual, state whether a corpora/ion, partnership, etc.)
s
Su ort
(OPTIONAL USE)
r ino
~~~-r--
PRINT NAME AND TITLE OF PERSON SIGNING
David Oberhelman, Mayor Pro Tern
ADDRESS 300 N. D" Street
San Bernardino CA
I FUND T,ITLE
__~Ge1!eral FORM
Funding subject to the approval of Department of General Services
th.e Budget Act of 1995. A P PRO V E 0
ITEM ! CHAPTER I STATUTE FISCAL YEAR
4440-011-001 'pendingL) 995
OBJECT OF EXPENDITURE (CODE AND TITLE)
______LINDA A. POWELL. Deputy Directo~
ITlE
30,000.00
Division of Administration
MOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITLE)
OCUMENT
RIOR AMOUNT ENCUMBERED FOR
"IS CONTRACT
$
95/9~_
AUG 2 4 1995
OTAl AMOUNT ENCUMBERED TO
ATE
$
348.50
f hereby certify upon my own personal knowledge that budgered funds
are avaJiable for the period and pur ose of the expenditure stated above.
:G-NATURE OF C GO JeER
T.BANO.
I 8R NO
DycE
b' 3<)
- 9'-.J
Adt. Chief Co.noe'
>
o CONTRACTOR
o STATE AGENCY
o DEPT. OF GEN. SER.
o
o CONTROLLER
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CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 95-30022
EXHIBIT "A"
Program Narrative
1.
Contractor agrees to provide refuse disposal service for one (1) ~O-yard
and four (~) l5-yard container bins at Patton State Hospital.
2.
Disposal serv i ce shall be prov ided by the Contractor, "hen serv ice j s
rpquested by the ProjPct Coordinator.
o
u,
Cuntractor shall possess all applicable licenses, permits, and insurance;
and, must comply with any requirements set forth by an authorized agency.
I.
Contractor shall leavp a receipt for pick-up of refuse "ith the Project
Coordinator.
;).
(ont.rilctor shall abide by all applicable safety and code regulations.
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CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 95-30022
EXHIBIT "B"
Specific Provisions
1, The term of this contract shall be July 1, 1995 through June 30, 1996,
2. The State has designated Robert Abarca, Landscape Supervisor II, to be its
Project Coordinator,
:3. I:pon completion of the services in EXHIBIT "A", Program ~arrative,
performed in a manner acceptable to the State, and upon the submission of
an invoice in triplicate as specified in EXHIBIT "e", paragraphs 3 and cl,
the State agrees to pay Contractor, monthly in arrears.
~. The total amount payable under this contract shall not exceed $30,000.00.
5. This contract shall not be effective until it bas been approved by the
Department of General Services.
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CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 95-30022
EXHIBIT "8-1"
Budget - Price Breakdown
Refuse Disposal
Disposal service for four (1) 15-yard bins owned by Pa1:ton State Hospital:
Pickup (up to four I~) tonsl
221. 60
s
Over-weight (over four I~) tons)
36,65
$
Disposal service for one II) ~O-yard bin owned by Patton State Ilospital:
Pickup [up to eight (8) tons}
:368.20
s
Over-~eight (over eight (8) tonsl
36.65
s
Rates are established hy resolution .of t.he Ci ty at' San Bernardino \layor :md
Common Coune i 1.
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CONTRACTOR:
CONTRACT #:
City of San Bernardino
95-30022
EXHIBIT "c"
General Provisions
1. Contractor shall submit an~' subcontracts to the State for
rtpproval prior to implementation, Upon termination of any
subcontract, the State 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 \.,;i thin 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 102961.
:L
,-\11 reports, invoices,
delivered to the Project
3102 E. Highland Avenue,
or other communications are to be
Coordinator, Patton State Hospital,
Patton, CA 92369.
1. .\ It InVOIces are to be submitted In triplicate, stating the
agreement number and the time period covered, to the Project
Coordinator as specified In EXHIBIT "13". It is further
understood that In no event shall the maximum price specified
ill EXHIBIT "B" be exceeded.
.J, This agreement may be (::anceled at any time by either party", by
gi\"irlg ,lO days ~ritterl notice to the other party, and may be
~rnended LiparI mlltltal consent.
f). CunLractor under~stands that no Federal or State income tax
"i il be "ithheld from the payments under this contract.
llc)wever. the St~lte is required to report all payments to the
Internal Revenue Service for tax purposes. No distinction of
hee, travel, or per diem wi.ll be made. No wage and tax
st,atpment (W-2) will be issued for the serVl.ces performed
Ilnder this agrepment.
I. Contractor Ilnderstands that the product( s) eJ,nd the contractor
~taff services provided in fulfilJ.ment of the requirements of
this contract \,...il L be evalllated by the State (Public Contract
I'orje Section 103701.
d. Duri_ng the performance ,)[ this contract, contractor and its
,--~uLcontractors shall not lInlawfully discriminate against any
enlployee OI' applicant for employment because of race,
t~pli~ion, c'oloI'l llaciunal origin, ancestry, ph-ysical bandicap,
medical condition, marltal status, a~e (over --1:0), or se::,::.
C()ntr<1ctoc~ and subcontractcI'S shall comply ..,<'ith the
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EXHIBIT "c"
General Provisions
(continued)
CONTRACTOR:
CONTRACT #:
City of San Bernardino
95-30022
provlsions of the Fair Employment and Housing ,\ct (Government
Code, Sect ion 12900 et seq. 1 and the appl icable regulations
promulgated thereunder (California Adminlstrative Code, Title
2, Section 7285 et seq. I. The applicable regulations of the
Fair 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 Iwrk under the
contract (SAM 1204.51,
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
\Jental Health, 1601l :\inth 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
d recommended means of resolving the dispute (Public Contract
Code Section 103S11,
10. Contractor agrees to place ill each of its subcontracts, which
Hre In excess of S10,000.00 and utilize State funds, a
prr)vlsion that,: "The contracting parties shall be subject to
the examination and aurtit of the Atlditor General for a period
of three years Hfter final payment under contract (GOVERNMENT
r:ODE SECTIO:\ \05:321". 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 105321.
) 1. Lt IS mUTually llnderstood beth'een lhe p;1.rties that l~his
contract ma:,>~ have been h'ritten and executed prior to July 1,
for the mutual benefit of both parties, Ln order to :-lvoid
pr'ogratn and fiscal iielays wtlich could occtlr if the contract
h'ere e:-::.pcuj-ed .::lfter JIll;,-" 1, uf the State fiscal year.
J.:.... This contract 1::3 \/ill id ;cuid enforceable, only if sufficient
fllnds ill'e made aVn.ilable by the Bud'5e[ ,--\ct for chis fiscal
year 1'01' the pueposes of this program. 1n addition, tl-lis
contr'act is sltb,ject to any additional restrictions,
lLmj_Lations, Gr' ~onditions "~nacted b:,> the Legislature h'ilich
ma~ E"ffect : he pro\'ision, ler'llls or fundin~ of this contract in
;U1Y lnann(~r.
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EXHIBrT "c"
General Provisions
(continued)
CONTRACTOR:
CONTRACT #:
City of San Bernardino
95-30022
13. I t 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.
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