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COUNCIL ACTION CORRESPONDENCE
To Manuel P. Moreno Jr. Subject Request to Issue a Purchase
Director of Public Services Order with lnternational
Technology Corporation for
D.te November 6,1987 SWAT Report Preparation.
Meeting D.te Agend. Item No.
November 2 1987 38
Action .
The ",atter relative to authorization to issue purchase order in the
amount of $40,000.00 to International Technology Corporation for the
purpose of solid waste assessment testing (SWAT) as mandated by the
State, w-U, con t inue.2 to .November 16 ,1987...
SC:re
City Administrator
cc: Finance
Purchasing SHAUNA CLARK
City C1.rk
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C:1'r-OF Sj.~~ BERNARDI~O - REQUEST r;JR COUNCIL Ac:tl
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Date:
October 13, 1987
Subject: Request to Issue a Purchase Order
'1E5C'[J: -~D with International Technology Cor-
::?' MIN: mor.ation for SWAT Report Preparation
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From:
Manuel P. Moreno, Jr.
Director of Public Services
Public Services
Dept:
Synopsis of Previous C:.Juncil action:
April 9, 1987 - Council Action Correspondence authorizing Purchasing Agent to
negotiate with the County of San Bernardino for a SWAT Report.
September 8, 1987 - Adopted a Resolution authorizing the execution of an Agree-
ment with the County of San Bernardino to provide a Solid Waste Assessment Test.
Recommended motion:
Authorize the Purchasing Agent to issue a Purchase Order with International
Technology Corporation as per attached proposal at a cost not to exceed
$40,000.
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Contact person: Milnllel P Moreno. .1r Phone:.
Staff Report, Proposal from IT Corpor-
Supporting ':lata attached: ation and Couru;.i1 Agenda Items and 'N'rd:
Backup from 4-9-87 and 9-9-87 Meetings.
FUNDING REQUIREMENTS: Amount: $40.000 Sour:2:
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N/A
127-411-53150
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Finance: 1(_
Council Notes:
10-13-87
Aqenda : tem No,
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STAFF REPORT
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In a letter dated May 13, 1987, from the Engineering Contract Services Depart-
ment of the County of San Bernardino, the County agreed to include the City in
its existing contract with International Technology Corporation for the devel-
ment of a SWAT Report for the former City landfill site located east of Waterman
Avenue and north of the I-IO Freeway. However, at a later date, the County
revised the agreement from $26,737 for work covered by County contract, which
did not include the drilling and well installation; to $5,377 for the cost of
development and delivery of approved SWAT proposal only.
The City now has the responsibility for selecting a drilling contractor and
preparation of the final SWAT report.
The proposal (attached) by ITC for completion of the SWAT test for the Water-
man Landfill is acceptable to the Director of Public Services.
The proposal includes:
I
II
III
IV
Drilling & Monitoring Well Installation
Monitoring Well Development & Sampling
Laboratory Analysis
Data Analysis & Report Preparation
$14,020.00
5,270.00
6,640.00
4,190.00
$30, 120. 00
Total cost not to exceed $40,000 can be submitted to the Santa Ana RWQCB as
a final SWAT report.
The same conditions and prlclng afforded to the County are available to the
City. It is requested the Council approve the proposal from International
Technology Corporation in view of the fact the County has already shopped
the marketplace and to solicit this source would work an incongruity and
serve no legitimate purpose. The best source has already been identified.
75.0264
10-13-87
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CITt..:OF SAN BERNARDI~'~ - REQUEAT FOR COUNCIL AC:,JON
From: Manuel P. Moreno, Jr., Director
Subject: Agreement with It Corporati on for
Solid Waste Assessment Testing
(SWAT) at Old City of San Bernar-
dino Waterman Avenue Landfill Site
, Dept: Pub Ii c Servi ces
Date: November 12, 1987
Synopsis of Previous Council action:
April 9, 1987 - Council Action Correspondence authorizing Purchasing Agent to
negotiate with the County of San Bernardino for a SWAT Report.
September 8, 1987 - Adopted a Resolution authorizing the execution of an Agree-
ment with the county of San Bernardino to provide a Solid Waste Assessment Test.
Recommended motion:
Adopt resolution.
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Signature
Contact person; Manuel P. Moreno, Jr. Phone:
Staff Report, Proposal from It Corpor-
Supporting data attached: ati on and (nunci 1 Agpnda Ttpm~ ~nrl Ward:
Backup from 4-9-87 and 9-9-87 Meetings.
FUNDING REQUIREMENTS: Amount: $4n,nnn Source:
5140 or 5053
NIA
Finance:
127-411-53150
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Council Notes:
11-12-87
Agencl Item No -...
2,)p
75.0262
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10-29-87
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE COUNTY OF SAN BERNARDINO TO
PROVIDE SOLID WASTE ASSESSMENT TEST
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 said City
an Agreement with IT Corporation to provide solid waste water
quality assessment tests at a site within the City commonly known
as the South Waterman Landfill Site, which agreement is attached
hereto marked Exhibit "A" and incorporated herein and referenced
as fully as though set forth at length.
SECTION 2. The agreement shall not take effect until fully
signed and executed by all parties.
The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the ~ayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
, 1987, by the
following vote, to wit:
AYES:
NAYS:
ABSENT:
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10-29-87
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The foregoing resolution is hereby approved this day
of
Approved as to form
and legal content:
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. r Attorney
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, 1987.
Mayor of the City of San Bernardino
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AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this ____ day of
, 1987, by and between the CITY OF SAN BERNARDINO, a
Municipal Corporation, hereinafter called "City", and IT
CORPORATION, a California Corporation, hereinafter called "ITC".
WITNESSETH
WHEREAS, the City desires to have solid waste assessment
tests performed in the area commonly known as the Waterman
Landf ill; and
WHEREAS, in order to obtain such tests, it is necessary to
retain the professional services of a qualified assessor and
consulting firm; and
WHEREAS, ITC covenants that it is qualified to provide said
professional services for the conduct of such tests; and
WHEREAS, San Bernardino City Council has elected to engage
the services of ITC upon the terms and conditions as hereinafter
set forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. GENERAL.
ITC shall perform those services specified in "Proposal and
Work Plan Solid Waste Assessment Test Waterman Landfill, San
Bernardino, California", a copy of which is attached hereto as
Exhibit "B" and incorporated herein by reference and made a part
hereof as though it were fully set forth herein.
Performance of the work specified in said Proposal is made
an obligation of ITC under this Agreement, subject to any changes
made subsequently upon the mutual written agreement of the
parties hereto.
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2. TERM. This Agreement shall have a term of 180 days
commencing on the effective date hereof. Such term may be
extended by mutual written contract of the parties.
3. COMPENSATION
Compensation to ITC for the total services to be rendered
pursuant to this Agreement shall not exceed Forty thousand and
no/IOO Dollars ($40,000.00) divided between tasks as follows:
I Drilling and Monitoring Well Installation $20,000.00
II Monitoring Well Development & Sampling 6,000.00
III Laboratory Analysis 8,000.00
IV Data Analysis & Report Preparation 6,000.00
$40,000.00
These amounts shall be paid upon completion of each task
specified in Exhibit nBn.
4. EXTRA SERVICES
No extra services shall be rendered by ITC under this
Agreement unless such extra services shall be authorized, in
writing, by City. Authorized extra services shall be invoiced on
the terms as agreed at the time of any agreement to perform extra
services.
5. PAYMENT BY CITY
The billings for all services rendered pursuant to this
Agreement shall be submitted by ITC to City and shall be paid by
City within twenty (20) days after receipt of same.
6. SUPERVISION OF SERVICES
The Director of Public Services, or his designee, shall be
City's agent with respect to obtaining lTC's compliance
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hereunder. No payment for any services rendered under this
agreement shall be made without prior approval of the Director of
Public Services or his designee.
7. ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LAWS
ITC hereby certifies that it will not discriminate against
any employee or applicant for employment because of race, color,
religion, sex, marital status or national origin. Such action
shall include, but not be limited to, the following: employment:
upgrading, demotion or transfer: recruitment or recruitment
advertising: and designated representatives. In addition,
Engineer shall not exclude from participation in, deny the
benefits of or subject to discrimination under this Agreement any
employee or applicant for employment on the basis of age under
the Age Discrimination Act of 1975 or with respect to an
otherwise qualified handicapped individual as provided in Section
504 of the Rehabilitation Act of 1973 or religion except that any
exemption from such prohibition against discrimination on the
basis of religion as provided in the Civil Rights Act of 1964 or
Title VIII of April 11, 1968, as amended, shall also apply.
8. TERMINATION OF AGREEMENT
City shall have the right to terminate this Agreement upon
giving a 10-day written notice of such termination to ITC. In
the event of such termination, the Director of Public Services or
his designee, based upon work accomplished by ITC prior to notice
of such termination, shall determine the amount of fees to be
paid to ITC for such services. A finding by the Director of
Public Services or his designee which is approved by the San
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Bernardino City Council shall be final as to the amount of such
fee. ITC hereby covenants and agrees that upon termination of
this agreement for any reason, ITC will preserve and make
immediately available to City, or its designated representative,
maps, notes, correspondence, or records related to work paid for
by the City and required for its timely completion, and to fully
cooperate with City so that the work to be accomplished under
this Agreement may continue in a reasonably prompt manner. Any
subsequent use of such incomplete documents shall be at the sole
risk of the City and the City agrees to hold harmless and
indemnify ITC from any claims, losses, costs, including
attorney's fees, and liability arising out of such use.
9. INDEPENDENT CONTRACTOR
ITC shall act as an independent contractor in the
performance of the services provided for in this Agreement and
shall furnish such services in lTC's own manner and method and in
no respect to be considered an agent or employee of City.
10. NON-ASSIGNMENT
This Agreement is not assignable either in whole or in part
by ITC without the written consent of City.
11. HOLD HARMLESS
ITC hereby agrees to and shall hold City, its elective and
appointive boards, officers, agents and employees harmless from
any liability for damage or claims for damage for personal injury
including death as well as from claims for property damage which
may arise from lTC's negligent acts, errors or omissions under
this Agreement. ITC agrees to and shall defend City and its
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elective and appointive boards, officers, agents and employees
from any suits or actions at law or in equity for damages caused
by reason of any of the aforesaid negligent acts, errors or
omissions.
12. NOTICES
Official notices relative to the services provided under
this Agreement shall be in writing addressed to the following:
IT Corporation
City
IT Corporation
17461 Derian Avenue, Ste. 190
Irvine, CA 92714
Mr. Manuel Moreno
Director of Public
Services
300 No. "D" Street
San Bernardino, CA
92418
13. AMENDMENT. This agreement may be amended only upon
the express prior written consent of both parties to any such
amendment.
14. SUBCONTRACTORS. ITC shall be responsible for the work
of any of its subcontractors under this agreement as if such
subcontractors were agents or employees of ITC.
15. INSURANCE. ITC shall maintain and shall require that
any of its subcontractors hereunder shall maintain worker's
compensation insurance in such types and amounts as are required
by the Workers Compensation laws of the State of California. ITC
shall present evidence of such insurance to the Director of
Public Services before commencing any work under the agreement.
16. ENTIRE AGREEMENT
This Agreement and any documents or instrument
attached hereto or referred to herein integrate all terms and
conditions mentioned herein or incidental hereto, and supersede
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all negotiations and prior writing in respect to the subject
matter hereof. In the event of conflict between the terms,
conditions or provisions of this Agreement, and any such document
or instrument, the terms and conditions of this Agreement shall
prevail.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the date first above written by their
respective officer duly authorized in that behalf.
IT CORPORATION
CITY OF SAN BERNARDINO
a municipal corporation
By:
By:
Mayor
ATTEST:
City Clerk
APJ?~OVED AS TO FORM
AND1LEGAL CONTENT:
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Attorney
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