HomeMy WebLinkAbout1992-426
RESOLUTION 92-426
1
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT
OF MENTAL HEALTH FOR THE PROVISION OF REFUSE DISPOSAL SERVICES TO
3 PATTON STATE HOSPITAL, AND REPEALING RESOLUTION NO. 91-286 AND
AMENDMENTS THERETO.
4
5
6
7
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
8 Agreement with the State of California, Department of Mental Health
for the provision of refuse disposal services to Patton State
9
10
11
Hospital, a copy of which is attached hereto marked Exhibit "A" and
incorporated herein by reference as fully as though set forth at
12 length.
13
SECTION 2. This resolution is rescinded if the parties to the
agreement fail to execute it within ninety (90) days of the passage
14
15
of this resolution.
16
SECTION 3. Resolution No. 91-286 and amendments thereto and
any other resolution in conflict herewith are hereby repealed.
17
18 III
19 III
20 III
21 III
22 /II
23 III
24 I /I
25 /II
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10/22/92
1
28
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TH
1 EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMEN
OF MENTAL HEALTH FOR THE PROVISION OF REFUSE DISPOSAL SERVICES T
2 PATTON STATE HOSPITAL, AND REPEALING RESOLUTION 91-286 AN
AMENDMENTS THERETO.
3
4
I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
5
reqular
meeting thereof, held on the 16th
day of November
6 1992, by the following vote, to wit:
7 Council Members:
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14
15
16
17
MILLER
AYES NAYS
x
x
x
x
x
x
x
ABSTAIN
ABSENT
~~l~
The foregoing resolution is hereby approved this \~\"day of
, 1992.
20
21
22
23
AMES F. PENMAN,
24 ity Attorney
'I
25 y: J(7/1"""" ! ILi.
26 (}
pproved as to form
nd legal content:
,A'" ,_
27
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10/22/92
2
-~- '\'?>-..\V~,",
STATE O~ CAlIFnFU:,tA
STANDARD AGREEMENT- :~~~~~~~~~:AL
STD'IREV.'...) tC"'iRACTOI? C~
CONTRACT NUMBER
AM. NO.
92-30014
TAXPAVER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER
THIS AGREEMENT, made and entered into this 2nd day of June , 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
ea
<-
Deputy Director of Administratio
CONTRACTOR'S NAME
City of San Bernardino
. hereafter called the State, and
,hereafter called the Contractor.
WIlNESSETH: 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 "A"
Exhibit "B"
Exhibit "c"
Program Narrative;
Specific Provisions; and,
General Provisions;
attached hereto and by this reference hereby made a part of this
agreement.
I certify that I have reviewed this agreement, and it meets
current program and departmental policy.
t~ 'dL2 -dv~~
William L. Summers
Executive Director
1:;2. -}-7''--
Date
CONTINUED ON
SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUIIIBER.
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
AGENCY Department of Mental Health
Patton State Hoso ital
BY (AUTHORIZED S TUAE) '" . _
C> ~.~
CONTRACTOR
ITEM
4440-011 -00 1
corporation, parlflBNlhip, etc.)
?
PRINTED NAME OF PERSON SIGNING
Linda A. Powell
TITLE
De ut Director of
AMOUNT ENCUMBERED BY THIS
DOCUMENT
$ 30,000.00
W. R.
ADDRESS
Administration
PROGRAM/CATEGORY (CODE AND TITLE)
Support
(OPTIONAL USE)
CA 92418 (714) 384-5122
e
DePBrtm... n '.01 Gen .'. ../1-
I Us.. Only
FORM : r'r,~,c" [rJ'r:--:'-T
.. ._-~_.."--~--- .._- ------
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
D:p~:" ~:';l :'t c; c: ,iSi",j ~)T,;ices
$
FISCAL YEAR
92/93
Po ~"n?"r)'IC-'D
r\ f'"" i.... p~ ,- 'v t:...
DEe 2 8 1992
TOTAL AMOUNT ENCUMBERED TO
DATE
$
OBJECT OF EXPENDITURE (CODE AND TITLE)
348.50
I hereby certify upon my own personal knowledge that budgeted funds
are available for the period and purpose of the expenditure stated above.
SiGNATURE OF ACC UNTING OFFICER
B.R. NO.
ORIGINAL SIGNED BY
BY GARRY ~
C>
-l
As!'t. Chief COlJn5l!l1
o CONTRACTOR
o STATE AGENCY
o DEPT. OF GEN. SEA.
o CONTROLLER
o
CONTRACTOR: CITY OF SAN BERNARDINO
OONTRACT t: 92-31HH4
EXHIBIT "A"
Program Narrative
1. Contractor agr~es to provide refuse disposal service for one (1)
4~-yard and four (4) IS-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
ins ur ance;
authorized
shall possess all applicable licenses, permits, and
and, must comply with any requirements set forth by an
agency.
4. Contractor shall leave a receipt for pick-up of refuse with the
Project Coordinator.
5.
Contractor shall abide by all applicable safety
regulations.
and
code
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CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 92-31H114
EXHIBIT nBn
Specific provisions
1. The term of thi~ contract shall be July 1, 1992 through June 3~,
1993.
2. The State has designated Elrie Stuart, Landscape Supervisor II, to
be its Project Coordinator.
3. Upon completion of the services in EXHIBIT nAn, Program Narrative,
performed in a manner acceptable to the State, and upon the
submission of an invoice in triplicate as specified in EXHIBIT
nCn, paragraphs 3 and 4, the State agrees to pay Contractor,
monthly in arrears.
4. The total amount payable under this contract shall not exceed
$3~.~~~.~g.
5. This contract shall not be effective until it has been approved
by the Department of General Services.
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CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 92-31H1l4
EXHIBIT "B-1"
Budget - Pr ice Breakdown
Refuse Disposal
Disposal service for four (4) IS-yard bins owned by Patton State
Hospital:
Pickup {up to four (4) tons}
Over-weight {over four (4) tons}
$
$
221.61il
36.65
Disposal service for one (1) 41il-yard bin owned by Patton State
Hospital:
Pickup {up to eight (8) tons}
Over-weight {over eight (8) tons}
$
$
368.21il
36.65
Rates are extablished by resolution of the City of San Bernardino Mayor
and Common Council.
4 Gf 7
CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 92-30014
EXHIBIT "C"
General provisions
1.
Contractor shall submit any subcontracts to the State
approval prior ~o implementation. Upon termination of
subcontract, the State shall be notified immediately.
for
any
2. By signing this contract, contractor swears under 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" be exceeded.
5. This agreement may be cancelled 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 State 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).
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EXHIBIT .C.
General provisions
(continued)
CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 92-30014
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, col~r, 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
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 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,
Divisions 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. This contract is valid and enforceable, only if sufficient
funds are made available by the Budget Act for this 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.
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. .
EXHIBIT"C"
General Provisions
(continued)
CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 92-30014
12. 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 Sate. 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.
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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