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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