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HomeMy WebLinkAbout17-Public Works CITY OF SAN BERN~INO - REQUEST FO COUNCIL ACTION From: Shauna Edwins City Administrator Dept: Administration Subject: Authorize execution of an Agreement with the State of California for the provision of refuse disposal service to Patton State Hospital. Date: June 20, 1991 Synopsis of Previous Council action: NONE. Recommended motion: Adopt resolution. ~#/>>~""~~ 7) ...- Signature - Contact person: Manuel Moreno, Jr. Phone: 5045 ;Upporting data attached: Yes Ward: 4 ~UNDING REQUIREMENTS: Amount: Source: (Acct. No.) (Acct. Descriotionl Finance: ~uncil Notes: 5-0262 Agenda Item No /7 A L1 .. CI.TY OF SAN BERNARDINO - REQUEST FQ9 COUNCIL ACTION ,...... STAFF REPORT The state of California Department through the Department of Mental Health has requested refuse disposal service for their Patton state Hospital facility. The attached agreement provides for refuse disposal service at this site as well as the rental of two 30-yard refuse bins. The term of the contract is July 1, 1991 through June 30, 1992 and the total amount payable to the City under this contract is $40,000 which will be paid monthly in arrears. The Director of Public Services has reviewed the agreement and recommends its adoption. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I I I 28 III - ur o o RESOLUTION 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. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: AUTHORIZING AN OF CALIFORNIA, REFUSE DISPOSAL 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 , 1991, by the following vote, to wit: Council Members: ~ ~ ABSTAIN ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER City Clerk 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ 111 RESOLUTION c:> THE CITY OF SAN BE~INO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH FOR THE PROVISION OF REFUSE DISPOSAL 1 SERVICES TO PATTON STATE HOSPITAL. The foregoing resolution is hereby approved this day of , 1991. W. R. "Bob" Holcomb, Mayor Approved as to form and legal content: JAMES F. PENMAN City Attorney -2- GREEMENT APPROVED BY THE STANDARD A OTTORNEYGENERAL STD. 2 (REV. 4-90) o CONTRACT NUMBER I; AM. NO. 91-30014 CONTRACTOR'S FEDERAL 1.0. NUMBER THIS AGREEMENT, made and entered into this 15th 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 FOA STATE Contract Manager CONTRACTOR'S NAME A~~ Department of Mental Health Patton State Hospital,hercaflcrcalledtheState,and Ci ty of San Bernardino ,hereafter called the Contractor. WITNESSETH: That the Contractor for and in consideration of the covenants. conditions, agreements. and stipulations of the Slate hereinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by COnlractor, amounl to be paid Contractor, time for performtlnee 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 meets current program and departmental agreement and it policy. William L. Summers Date Executive Director CONTINUED ON SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER, The provisiona on the revene side hereof conatilUle a part of this agreement, IN WI1NESS WHEREOF, this agreement has been executed by the parties hereto. upon the date flnt above written. STATE OF CALIFORNIA CONTRACTOR AGENCY Department of Mental Health CONTRACTOR (II01herthan_inditIiduM. ...,.wtWIw.~.~. eIc.) Patton State Hoscita1 City of San Bernardino BY (AUTHORIZED SIGNATURE) BY (AUTHORIZED SIGNATURE) > C> PAINTED NAME OF PERSON SIGNNG PAINTED NAME AND TITLE OF PERSON SJGNNG Robert Boggs W.R. Holcomb, Mayor TitlE Contract Manager ~DRE~ 300 North D Street/p.O. Box 701 Division of Administration San Bernardino, CA 92403 AMOUNT ENCUMBERED BY THIS PROGRAMlCATEGORY (CODE AND TITLE) I FUND TitlE liepa_I of Gener.t S.rvt"". DOCUMENT Support General U.. Only $ 40,000.00 (OPTIONAl USE) Funding Subject to approval of the PRIOR AMOUNT ENCUIlBERED FOR Budget Act of 1991 THIS CONTRACT $ IlEM I CHAPTER "I STAlUIE I FISCAL VEAR 4440-011-001 Pending 1991 91/92 TOTAL AMOUNT ENCUMBEAED TO OBJECT OF' EXPENDITURE (COOE AND TmE) DATE $ 373.50 I hereby certify upon my own psrsonaI_ledge fllal budgeted funds ! T.U. NO. IB.R.NO. , are available for fila period and purpose of /he expenditure srated above. SIGNATURE OF=' ACCOUNTNG OFFICER i DATE > , I o CONTRACTOR o STATE AGENCY o OEPT. OF GEN. SEA. 1 of 7 o CONTROLLER o 90 """ o CONTRACTOR: CONTRACT II: CITQFSAN 91-30014 BERNARDINO EXHIBIT "A" Program Narrative 1. Contractor agrees to Patton State Hospital, hospital owned bins. provide refuse disposal service at including two rented bins and 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. 2 of 7 o CONTRACTOR: CONTRACT .: CIT~ SAN BERNARDINO 91-~14 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. 3 of 7 EXHIBIT "B-1" o CONTRACTOR: CI~OF SAN BERNARDINO CONTRACT #: 91!J BUDGET PRICE BREAKDOWN Rental of two (2) 30 yard bins Pick-up (up to seven (7) tons) Over-weight (over seven (7) tons) $55.00 per bin, per month $258.75 per bin, per pick-up $29.21 per ton Service for four (4) 15 yard bins owned by Patton State Hospital Pick-up (up to four (4) tons) Over-weight (over four (4) tons) $171.50 per bin, per pick-up $29.21 per ton Rates are established by resolution of the City of San Bernardino Mayor and Common Council. 4 of 7 o CONTRACTOR: CONTRACT II: CIT'-'F SAN BERNARDINO 9l-~14 EXHIBIT "c" General Provisions 1. Contractor shall submit any subcontracts to the State for approval prior to implementation. Upon termination of any subcontract, the State shall be notified immediately. 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. 5 of 7 EXHIBIT .C. i:) GENERAL PROVISIONS (continued) CONTRACTOR: CONTRACT *: CI~F SAN BERNARDINO 9l:~14 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 the 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 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 affect the provision, terms or funding of this contract in any manner. 6 of 7 . EXHIBIT "C" ^ GENERAL PROVISION~ (continued) CONTRACTOR: CONTRACT II: CITQF SAN BERNARDINO 91- 14 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). 7 of 7 STATE OF CALIFORNIA-DEPARTMENT OF HEALTH o PETE WILSON. GOVERNOR PATTON STATE HOSPITAL 3102 E. HIGHLAND AVENUE PAlTON, CA 92369 (714) 862-1121 @ Dear Contractor: RE: Contract ..91- ?/Jolt../ PLEASE READ CAREFULLY - No further processing of this can take place until the following item(s) are completed referenced material(s) are returned to the Hospital. -X contract and the Please have all of the attached copies of the contract signed for further processing. When fully approved, the original will be sent to you. The last copy is for your temporary file. Ct " Your Federal Employer I.D./Social required. Security Number is X- Sign and return the Statement of Compliance, Small Business Questionnaire, and the Drug-Free Workplace Certification. A Curriculum Vitae is required. ~ A copy of the Minute Order or signature, is required. Resolution, authorizing Please initial changes on all copies of the contract and return all copies for further processing. (Page ) A certificate of insurance is required. The certificate must state that the State of California, its officers, agents, employees and servants are included as additional insureds, but only insofar as the operations under this contract are concerned. State of California is not responsible for any premiums or assessments on the policy. Attached for your files is the fully approved signed original of the referenced contract. Inquiries concerning agreement should be the services to be referred to: performed under . Attachments a{U(~~ ~/kJ~Jl. f!t;Jd), ~ S7~ /Jwf}- I.~rcia Moon Contract Coordinator _led By THE JOINT COMMISSION ON ACCREDITATION OF HEALTHCARE ORGANIZATIONS J!1 J o o "'._CWOMRfNA DRUG-FREE WORKPLACE CERTlFICAnON ""'" Cf8'u... CIOtJP.lU. =- 11lI..,..... CITY OF SAN BERNARDINO The cxmtracto.r or grant reclplent~ed above hereby c:ertJfJes compliance with Government Code Section 8355 In matters Jelatlng to providing a drug-free workplace. The above named contractor or grant recipient will: 1. PublJah a statement notifying employees that unlawful manufacture, distribution, dispensation, ron--I"", or use 01 a controlled substance Ja problbited and apec:lfying actions to be taken agalnat employees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug-Free Awareneaa Program as required by Government Code Section 8355(b), to Inform employees about all of the following: (a) The dangers of drug abuse In the workplace, (b) The penon's or organization's policy 01 maintaining a drug-free workplace, (c) Any avallable counseIlng, rehabilitation and employee assistance programs, and (d) Penalties that may be Imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355(c), that every employee who works on the propoeed cxmtract or grant (a) Will receive a copy of the company's drug-free policy statement, and (b) Will agree to abide by the terms of the company's statement as a cxmdition of employment on the contract or grant. CERTIFICATION J, the offlcIal named below, hereby _ that I am duly authorized legally to blnd the contractor or grantreclplent to the above desaibed certification. lam fully aware that this certification, executed on the date and In the county below, Is made under pe!1AIty of perjury under the laws of the State of California. lL'I_ W. R. HOLCOMB =_'-_Jl_ I SANBERNARoINO "... MAYOR ~I.D._ 95-6000772 .W f i STATE OF CALIFORNIA o o STATEMENT OF COMPUANCE STD. 19 (Rev. 3-87) COMPANY NAME CITY OF SAN BERNARDINO The company named above (hereinafter referred to as "prospective contractor") hereby certifies, unless specifically exempted, compliance with Government Code Section 12990 and California Administrative Code, Title 2, Division 4, Chapter 5 in matters relating to the development, implementation and maintenance of a nondiscrimination program. Prospective contractor agrees not to unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition (cancer related), marital status, sex or age (over forty). CERTIFICATION I, the official named below, hereby swear thllt I am duly authorized to legally bind the prospective contractor to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. NAME OF OFFICIAL W. R. HOLCOMB DATE eXI!CUTm) IIDlBCUTI!D IN THE COUNTY OF SAN BERNARDINO PROSPECTIVE CONTRACTOR SIGNATURE PROSPECTIVE CONTRACTOR TITLE MAYOR PROSPECTIVE CONTRACTOR FEDERAL EMPLOYER I.D. NUMBER 95-6000772 17 -.