HomeMy WebLinkAbout1991-286
RESOLUTION 91-286
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RESOLUTION OF THE CITY OF SAN BERNARDINO
EXECUTION OF AN AGREEMENT WITH THE STATE
DEPARTMENT OF MENTAL HEALTH FOR THE PROVISION OF
SERVICES TO PATTON STATE HOSPITAL.
AUTHORIZING AN
OF CALIFORNIA,
REFUSE DISPOSAL
3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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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.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereof, held on
the
day of
July
1991, by the following
1st
vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
x
REILLY
~
HERNANDEZ
~
MAUDSLEY
~
MINOR
x
POPE-LUDLAM
x
MILLER
~
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city Clerk.:1
RESOLUTION OF THE CITY OF SAN
EXECUTION OF AN AGREEMENT WITH
DEPARTMENT OF MENTAL HEALTH FOR THE
SERVICES TO PATTON STATE HOSPITAL.
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BERNARDINO AUTHORIZING THE
THE STATE OF CALIFORNIA,
PROVISION OF REFUSE DISPOSAL
The foregoing resolution is hereby
3rd day of July 1991.
Approved as to form
and legal content:
JAMES F. PENMAN
9 City Attorney
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Mayor
(.J". ~), el', ))\ '"
,STATE OF)::ALlFORNIA - 0
. STANDARD AGREEMENT - :~~~~~~~~:~:AL
STD. 2 (REV. 4-90)
CONTRACT NUMBER
91-30014
AM. NO.
CONTRACTOR COPY CONTRACTORS FEDERAL 1.0. NU BER
15th May 91 95-6000772
THIS AGREEMENT, made and entered into this day of . 19~,
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
Contract Manager
CONTRACTOR'S NAME
City of San Bernardino ,hereafter called theContracto
WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressi..'
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 Con/racti
time for performance or completion, and attach plans and specifJ.Cations, if any.)
AGENCY Department of Mental Health
Patton State Hospital, hereafter called the State, and
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.
!.J~J-~4-.m /~/?-7'(
William L. Summers Date '
Executive Director
CONTINUED ON
SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER.
The provisions on the reverse side hereof constitute a part of this agreement.
IN WIlNESS WHEREOF. this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA
R
AGENCY
CONTRACTOR (If other than an individual, state
City of San Bern rdi
PRINTED NAME OF PERSON SIGNING
Robert Boggs
TITLE Contract Manager
Division of Administration
AMOUNT ENCUMBERED BY THIS PAOGAAMfCATEGOAY (CODE AND TITLE)
DOCUMENT . Support
$ 40,000.00 (OPTIONAL USEI
?JUl 5" - 1991
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
General
Funding Subject to approval of
Budget Act of 1991
Department of General Services
Use Only
the
$
ITEM
4440-011 001
FISCAL YEAR
91/92
L
TOTAL AMOUNT ENCUMBERED TO
DATE
$
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 IN FF1CER
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(;~
373.50
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o CONTRACTOR
BY
o STATE AGENCY
o DEPT. OF GEN. SEA.
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o CONTROLLER
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1. flw (-_'ontrartor agrees to indemnify, defend and save harmless the State, its officrfs, agents and t"mployees
from any and all t'laims and losses accruing or resulting to any and all contral'tors, suhcontractors,
mah'rI,Jllllt.'n, labon~rs and any other person, firm or corporation furnishing: or suppl,yingwork servi\'es.
m;Ikrta(s Of SHppIit.s in fonnertion with the performance ofthi'i contract, and from any and all claims and
lo-;s('s :lferning or r(>suItin~~ to any person, firm or corpOI'ution who may he injured Of damaged by the
Contractor in du' performance of' this contract.
ria ('ontractnr, and th(' ag(~nts and emploJ'e{~s of Contractor, in th(~ performance of the agrl't'ment, shall
;\1.'1. in an inrl('fH:ndent CHp.H'ity and not as offic{~rs or employe(~s or ag'cnts of Stale or California.
} :'he St4lte m'q' terminate this agrcementand her('lieved{)fthepaymentof'anJcon~ideration to Contractor
',lluu!d Contractor fail to p{'rf'orm the covemmts herein contained at the time and in the manner Ill'rein
]0 the evpnt of such tl'rmination the State may 'proceed with the \''''ork in an)' manner dt'l'IlH'd
PC"I"'" hy the State. The eost to the State shall be deducted from any sum due the Contractor under this
~l~in'l'mcnt. anrllhc ha!aOC(?7 if any, shall be paid the ContJ'al'tor npon demand.
~. \Yillwui th{' 'i\TiU{'n conSl..'nl of the State, this agreement is not assignabl(~ by C(mtrador either in wholt'
nl' in ();1ft.
rinH' is of th(' l's~:en('e in this agn~(~ment.
,dh:ratiun nr \:ariation of1he t('rrns of this ('{mtral't shall b(~ valid unless made in writing and siglH.'d h.y
heretu, and no oral' understanding or agreement not incorporat('{l herein, shall be hinding on
;. (:f the IH'rdo.
;n')id~r: linll 10 fw paid ConfnH:tor. as provided lwreill, shall be in compensation for all of
;L';11r',; l"<pnls('s incurred in the! lwrfonnnu('c h.e~eof, induding travel and P('l" diem, lmk:~s
i" i' \: so
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CONTRACTOR:
CONTRACT #:
CITY OF 'SAN BERNARDINO
91-30014
EXHIBIT "A"
Program Narrative
1.
Contractor agrees to
Patton State Hospital,
hospital owned bins.
provide refuse disposal service
including two rented bins and
at
four
2. This service shall include the rental of two bins.
3. Disposal service shall be provided by the contractor when it
is requested by the Project Coordinator.
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CONTRACTOR:
CONTRACT #:
CITY OF SAN BERNARDINO
91-30014
EXHIBIT "B"
Specific Provisions
1. The term of this contract shall be July 1, 1991 through June
30, 1992.
2. The State has designated Elrie Stuart, Landscape Supervisor
II, to be its Project Coordinator.
3. In consideration of the services specified in EXHIBIT "A",
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
$40,000.00.
5. This contract shall not be effective until it has been
approved by the Department of General Services.
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EXHIBIT "B-1"
CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 91-30
C~\6 K'0. Cj \ J, '6\0
BUDGET
PRICE BREAKDOWN
Rental of two (2) 30 yard bins $55.00 per bin, per month
PiCk-up (up to seven (7) tons) $258.75 per bin, per piCk-up
Over-weight (over seven (7) tons) $29.21 per ton
Service for four (4) 15 yard bins owned by Patton State Hospital
PiCk-up (up to four (4) tons) $171.50 per bin, per pick-up
Over-weight (over four (4) tons) $29.21 per ton
Rates are established by resolution of the City of San Bernardino Mayor
and Common Council.
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CONTRACTOR:
CONTRACT #:
CITY OF SAN BERNARDINO
91-30014
EXHIBIT "c"
General Provisions
1.
Contractor shall submit any subcontracts to the State
approval prior to 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,
delivered to the project
3102 E. Highland Avenue,
or other communications are to be
coordinator, Patton State Hospital,
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.
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EXHIBIT "CO
GENERAL PROVISIONS
(continued)
CONTRACTOR:
CONTRACT #:
CITY OF SAN BERNARDINO
91-30014
7. 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
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).
8. 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 finding and a recommended means of resolving ~he
dispute (Public Contract Code Section 10381).
9. 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.
10. This contract is valid and enforceable, only if sufficient
funds are made available by the Budge~Act for this fiscal
year for the purposes of this prdgram. In addition, this
contract is subject to any additional restrictions,
limitations, or conditions enacted by the Legislature which
may affect the provision, terms or funding of this contract
in any manner.
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EXHIBIT "CO
GENERAL PROVISIONS
(continued)
CONTRACTOR:
CONTRACT #:
CITY OF.SAN BERNARDINO
91-30014
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 the contract.
12. The State shall have no responsibility for loss or damage to
the rented equipment arising from cause beyond the control of
the State. The responsibility for repairs and liability for
damage for loss is restricted to that made necessary by or
resulting from the negligent act or omission of the State or
its officers, employees, or agents. (SAM 1250)
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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