HomeMy WebLinkAbout14- Public Services CI T-, OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James R. Howell, Director Subject: Approve resolution authorizing the
execution of an agreement with the
Dept: Public Services State of California, Department of
Mental Health for providing refuse
Date: November 6, 1997 ,,,,��,,,,� ,w „ disposal services to Patton State
Hospital
Synopsis of Previous Council Action:
June 19, 1995 Resolution 95-192 was approved.
July 01, 1996 Resolution 96-211 was approved.
NOV 18 1997
Recommended Motion:
Adopt Resolution
J es R. owel
Contact person: James Howell, Director Phone: 384-5140
Supporting data attached: Staff Report, Back up, Resolution and Agreement
FUNDING REQUIREMENTS: Amount N/A
Source:
Finance:
Council Notes:
Res 97- _
Agenda Item No. '14
ia jsg7
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The Public Services Department has provided refuse collection services since 1961 for
Patton State Hospital. Annually, the State of California requires execution of a contract
agreement in order to continue providing service.
The period of the contract is July 1, 1997 through June 30, 1998, and the limit under this
contract shall not exceed $30,000 per year. The City is not responsible for services
exceeding $30,000.
Staff recommends adoption of the attached resolution, authorizing the Mayor to execute
the contract agreement.
"Proposed", not to exceed amount - 7/97 - 6/98 $30,000
Actual billed 1995/96 $22,500
Actual billed 1996/97 $13,944
Actual billed First Quarter 1997 $ 5,680
Projected 1997198 $22,800
The Refuse Division provides hauling services for refuse generated by Patton State
Hospital in containers owned by the State on a Will-Call basis. The State owns one 40-
cubic yard compactor, one 40-cubic yard and four 15-cubic yard containers.
1 x 40 cubic yard compactor/Rate $368.20 (up to 8 tons) + $36.65/ton
1 x 40 cubic yard container/Rate $368.20 (up to 8 tons) + $36.65/ton
4 x 15 cubic yard containers/Rate $221.60 (up to 4 tons) + $36.65/ton
Note: The Refuse Division does not provide disposal service for medical waste.
STATE OF CALIFORNIA
STANDARD AGREEMENT—APPROVED BY THE ATPORNEy GENERAL
STD. 2 (REV. 5-91)
CONTRACT NUMBER AM.NO
97-30022
a TAXPAYER'S FEDERAL I.D.
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 Administrator Hospital, hereafter called the State, and
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 "A" - Program Narrative;
Exhibit "B" - Specific Provisions; and
Exhibit "C" - General Conditions;
attached hereto and by this reference hereby made apart of this agreement.
I Certify that I have reviewed this agreement, and it meets current program
and departmental policy.
William L. Summers, Executive Director Date
_a 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 CONTRACTOR
AGENCY CONTRACTOR(If other than an individual, state
DEPARTMENT OF MENTAL HEALTH whether a corporation, partnership,p, etc.)
Patton State Hospital -
CITY OF SAN BERNARDINO
(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE)
PRINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
BRUCE R. PARKS
TITLE ADDRESS: 300 NORTH D STREET
HOSPITAL ADMINISTRATOR SAN BERNARDINO, CA 92418
AMOUNT ENCUMBERED BY THIS CONTRACT PROGRAM/CATEGORY((CCODEOND TITLE)38FUND TITLE
$19,999.00 SUPPORT GENERAL Department of General Services
PRIOR AMOUNT ENCUMBERED FOR Use Only
(OPTIONAL USE)
THIS CONTRACT
ITEM CHAPTER STATUTE FISCAL YEAR
9990-011-001 1 282 1997 97 gg
TOTAL AMOUNT ENCUMBERED OBJECT OF EXPENDITURE(CODE AND TITLE)
398.50
I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE
-Fn
ATURE OF ACCOUNTING OFFICER DATE
1 of 5
STATE OF CALIFORNIA
STnuDARD AGREEMENT
ST IEV. 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
i
by Contractor either in whole or in part.
S. 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.
t,
CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 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-yar4 bin and four (4) 15-yard bins .
Contractor shall provide monthly rental and refuse disposal
,j 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 .
2OF5
CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 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 Hopsital .
3 OF 5
CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 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 "B" . 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
General Provisions
(Continued) CONTRACT #: 97-30022
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, 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 1000) 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