HomeMy WebLinkAbout36- Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: Jim Howell, Director Subject: Approve resolution authorizing the
execution of an agreement with the
Dept: Public Services, Refuse Divison State of California, Department of
Mental Health for the provision of
Date: 6/11/96 ORIGINAL refuse disposal services to Patton State
Hospital.
Synopsis of Previous Council Action:
June 19, 1995 Resolution 95-192 was approved.
June 17, 1996 Agenda item #14 continued until July 1, 1996.
Recommended Motion:
Adopt Resolution
Signature
Contact person: Jim Howell Phone: 384-5140
Supporting data attached: Staff Report, Back up, Resolution and Agreement
FUNDING REQUIREMENTS: Amount:
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. 36
71111 ft
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, 1996 through June 30, 1997, and the amount
payable under this contract shall not exceed $30,000 per year. The City is not
responsible for services exceeding $30,000 without an amendment to this contract.
Staff recommends adoption of the attached resolution, authorizing the Mayor to execute
the contract agreement.
J es R. Howell
rector of Public Services
Y
BACKUP FOR AGENDA ITEM #14
COUNCIL MEETING JUNE 17, 1996
AGREEMENT FOR REFUSE SERVICE
WITH PATTON STATE HOSPITAL
"Proposed", not to exceed amount (7/96 to 6/97) $30,000
Actual billed 1995 $22,500
Actual tonnage 1995 142.9
Actual billed 1996 (January to present) $10,800
Actual tonnage 1996 (January to present) 63.5
The Refuse Division provides hauling services for refuse generated by Patton State Hospital in
containers owned by the State on a Will-Call basis.
1 x 40 yard container/Rate $368.20 (up to 8 tons) + $36.651ton
1 x 40 yard compactor/Rate $368.20 (up to 8 tons) + $36.65/ton
4 x 15 yard containers/Rate $221.60 (up to 4 tons) + $36.65/ton
Note: The Refuse Division does not provide disposal service for medical waste.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Jim Howell, Director Subject: Approve resolution granting to the
Director of Public Services the
Dept: Public Services, Refuse Divison authority to execute the annual
agreement with the State of California
Date: 6/23/96 Department of Mental Health for the
ORIGINAL Purpose of providing refuse disposal
service to Patton State Hospital
Synopsis of Previous Council Action:
JUN 2-756
June 19, 1995 Resolution 95-192 was approved.
Recommended Motion:
Adopt Resolution --
j Signa ure
Contact person: Jim Howell Phone: 384-5140
Supporting data attached: Staff Report Resolution and Agreement
FUNDING REQUIREMENTS: Amount:
Source:(Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No
(JTY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The Public Services Department has provided refuse collection services since 1961 for
s
Patton State Hospital. Annually, the State of California requires execution of a Standard
Agreement in order to continue providing service.
The period of the contract is July 1, 1996 through June 30, 1997. The amount payable
under this contract shall not exceed $30,000.00 per year.
Staff recommends adoption of the attached resolution, authorizing the Mayor to execute
the Standard Agreement.
ti
4 eces R. Howell
tor of Public Services
ATE OF CALIFOR41A
TANDARD AGR"EFMENT — APPROVED BY THE ATTORNEY GENERAL
D. 2 (REV. 5-91)
CONTRACT NUMBER AM.NO
96-30022
TAXPAYER'S FEDERAL I.D.N
95-6000772
IS AGREEMENT, made and entered into this 4TH day of MARCH, 1996, in the State of California, by and between State of California,
rough its duly elected or appointed, qualified and acting
:TLE OF OFFICER ACTING FOR STATE AGENCY
Department of Mental Health, Patton State
)spital Administrator Hospital, hereafter called the State, and
)NTRACTOR'S NAME
iTY OF SAN BERNARDINO hereafter called the Contractor.
ITNES S ETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State
reinafter expressed, does hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered
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 Date
Executive Director
provisions on the reverse side hereof constitute a part of this agreement.
WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA CONTRACTOR
iENCY CONTRACTOR(If other than an individual, state
:PARTMENT OF MENTAL HEALTH whether a corporation, partnership, etc. )
)tton State Hospital CITY OF SAN BERNARDINO
(AUTHORIZED SIGNATURE) BY(AUTHORIZED SIGNATURE)
TINTED NAME OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
UCE R. PARKS
TLE ADDRESS: 300 NORTH D STREET
SAN BERNARDINO, CA 92418
s ital Administrator TELEPHONE:909 384-5145
)UNT ENCUMBERED BY THIS CONTRACT PROGRAM/CATEGORY(CODE AND TITLE) FUND TITLE
),000.00 SUPPORT I GENERAL Department of General Services
OR AMOUNT ENCUMBERED FOR (OPTIONAL USE) Use Only
S CONTRACT
4ITEM001-001 I CHAPTENGIS;A� SC TEIFFI L YEAR
AL AMOUNT ENCUMBERED TO
E OBJECT OF EXPENDITURE(CODE AND TITLE)
348.50
EREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE AVAILABLE
THE PERIOD AND PURPOSE OF THE EXPENDITURE STATED ABOVE.
.NATURE OF ACCOUNTING OFFICER DATE
CONTRACTOR: CITY OF BAN BERNARDINO
CONTRACT #: 96-30022
EXHIBIT "All
Program Narrative
1. Contractor agrees to provide refuse disposal service for one
(1) 40-yard and four (4) 15-yard container bins at Patton
State Hospital .
2 . Disposal service shall be provided by the Contractor, when
service is requested by the Project Coordinator.
3 . Contractor shall possess all applicable licenses, permits, and
insurance; and, must comply with any requirements set forth by
an authorized agency.
4 . Contractor shall leave a receipt for pick-up of refuse with
the Project Coordinator.
5. Contractor shall abide by all applicable safety and code
regulations.
2 OF 6
CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 96-30022
EXHIBIT nBn
specific Provisions
1. The term of this contract shall be July 1, 1996 through June
30, 1997.
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
$30, 000. 00.
5. This contract shall not be effective until it has been
approved by the Department of General Services.
3 OF 6
CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #: 96-30022
EXHIBIT IIB-1"
Budget - Price Breakdown
Refuse Disposal
Disposal service for four (4) 15-yard bins owned by Patton State
Hospital:
Pickup (up to four (4) tons) $ 221.60
Over-weight (over four (4) tons) $ 36. 65
Disposal service for one (1) 40-yard bin owned by Patton State
Hospital:
Pickup (up to eight (8) tons) $ 368.20
Over-weight (over eight (8) tons) $ 36.65
Rates are established by resolution of the City of San Bernardino
Mayor and Common Council.
II
4 OF 6
CONTRACTOR: CITY OF SAN BERNARDINO
CONTRACT #:96-30022
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 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-1" 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 p n 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
5 OF 6
EXHIBIT 11C11 CONTRACTOR:CITY OF SAN BERNARDINO
General Provisions
(Continued)
CONTRACT #:96-30042
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. 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
ro ra
p g m and fiscal delays which could occur if the contract
were executed
after ICI July 1, of the State fiscal year.
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
Y
other considerations under this contract and
the contractor
shall not be obligated to perform any provisions of this
contract.
12 . This contract is valid and enforceable, only if sufficient
funds are made available by the Budget Act for the 96/97
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 effect the provision, terms or funding of this contract
in any manner.
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) .
6 OF 6
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
.TD. 21 (REV. 11-90)
:OMP"4Y/ORGANIZATION NAME
of San Bernardino - RefuSP Tai vi si nn
'he contractor or grant recipient named above hereby certifies compliance with
Yovernment Code Section 8355 in matters relating to providing a drug-free
rorkplace. The above named contractor or grant recipient will:
Publish a statement notifying employees that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is
prohibited and specifying actions to be taken against employees for
violations, as required by Government Code Section 8355 (a) .
Establish a Drug-Free Awareness 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 persons or organizations policy of maintaining a drug-free
workplace,
(c) Any available counseling, rehabilitation and employee assistance
programs, and
(d) Penalties that may be imposed upon employees for drug abuse
violations.
Provide as required by Government Code Section 8355 (c) , that every
omployee who works on the proposed contract 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
condition of employment on the contract or grant.
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized
legally to bind the contractor or grant recipient to the above
certification. I am fully aware that this certification, executed on the
date and in the county below, is made under penalty or perjury under the laws
of the State of California.
FFICIAL'S NAME
Mayor, Tom Minor San Bernardino
ATE EXECUTED EXECUTED IN THE COUNTY OF
JNTRACTOR OR GRANT RECIPIENT SIGNATURE
_ APPROVED AS Tn cr}'M
TL A! .. itE
r+ +
;nod
:DERAL I.D. NUMBER 95-6000772 v
STATE OF CALIFORNIA
NONDISCRIAHNA"ON COMPLIANCE STATEMENT
STD. 19 (REV. 2-93)
COMPANY NAME
City of San Bernardino - Refuse Division
The company named above (hereinafter referred to as "prospective
contractor") hereby certifies, unless specifically exempted, compliance with
Government Code Section 12990 (a-f) and California Code of
Regulations, Title 2, Division 4, Chapter 5 in matters relating to
reporting requirements and the development, implementation and maintenance
of a Nondiscrimination Program. Prospective contractor agrees not to
unlawfully discriminate, harass or allow harassment against any employee or
applicant for employment because of sex, race, color, ancestry, religious
creed, national origin, physical disability (including HIV and AIDS) , mental
disability, medical condition (cancer) , age (over 400, marital status, and
denial of family care leave.
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized to
legally bind the prospective contractor to the above certification. I am
fully aware that this certification, executed on the date and in the county
below, is made under penalty or perjury under the laws of the State of
California.
OFFICIAL'S NAME
Mayor, Tom Minor San Bernardino
DATE EXECUTED EXECUTED IN THE COUNTY OF
PROSPECTIVE CONTRACTOR'S SIGNATURE
PROSPECTIVE CONTRACTOR'S TITLE
PROSPECTIVE CONTRACTOR'S LEGAL BUSINESS NAME