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HomeMy WebLinkAbout1995-167 1 2 3 95-167 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. 4 5 6 7 hereby authorized and directed to execute on behalf of said 8 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 City an Agreement with the State of California Department of 9 Transportation for the disposal of animal carcasses from state 10 highways in the San Bernardino area, a copy of which is 11 attached hereto, marked Exhibit "A" and incorporated herein by 12 reference as fully as though set forth at length. 13 SECTION 2 . The authorization to execute the above 14 referenced agreement is rescinded if the parties to the 15 agreement fail to execute it within sixty (60) days of the 16 passage of this resolution. 17 I HEREBY CERTIFY that the foregoing resolution was duly 18 adopted by the Mayor and Common Council of the City of San 19 Bernardino at a 20 5th day of June 21 / 22 / 23 / 24 / 25 / 26 / 27 5-9-95 28 regular meeting thereof, held on the , 1995, by the following vote, to wit: -1- , t-/(, 7 1 council Members: NEGRETE CURLIN AYES AffiENl' NAYS ABSTAIN x x x x x x x CITY CLERK The foregoing resolution is hereby approved this 7 IL 15 day of 16 17 18 June , 1995. Approved as to form 19 and legal content: 20 JAMES F. PENMAN City ttorney 21 ' ~ I 1 {.;. By: l~, '.-').L,.,..,,, 22 23 24 25 26 27 28 5-9-95 ~'-)Jt " ! P71tJ; 4M-'.. I TOM MINOR,Mayor City of San Bernardino -2- 95-167 Contractor Caltrans Dept. of Gen. Ser. Controller Ad:ain. N C SOURCE CHARGE EXP. AUTH SPECIAL DESIGNATION DIST UNIT DIST UNIT GEN LED SUB-ACCT SUB-JOB NO./R/W IlOIlK ORDER NO. PAIlCEL NO. LOCATION Sheet 1 of 7 DEPARTMENT OF TRANSPORTATION co. RTE. P.M. OBJECT AMOOIIT DEBIT OR CREDIT FISCAL YEAR ENCUl8RANCE FUllDING: os 603 SO 1000 7079 S6OO. 00 95/96 lL STATE JOINT FEDERAL ITEM 2660-001-042 CHAPTER STATUTES FISCAL YEAR 1995 95/96 CONTRACT NO. 08J557 I hereby certi fy upon IIY ..., persct\lll knowledge thet budGeted funds are available for the period and purpose of the expenditure stated ebove SAN BERNARDINO, CALIFORNIA -- j DATE ADril 26. 1995 Namecitv of San Bernardino Animal ShelterPhone 909/384-5275 Address 333 Blood Bank Road. San Bernardino. CA 92408 License No. and Class The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Department of Transportation in accordance with the provisions on, BOTH SIDES of this form and on the attached sheets, and he agrees to receive and accept as full compensation therefor the prices named herein. 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. 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 incor- porated herein shall be binding on any of the parties hereto. The said Department of Transportation hereby agrees to the terms as set forth herein, and hereby agrees to pay the same, provided that by mutual written consent this agreement may be modified and that the State reserves the right to terminate this agreement upon written notice to the Contractor. IN WITNESS WHEREOF, the parties to these presents have hereu"lto set their hand the year and date Hrst above written. DEP~~ pF :~yrATION CONTRACTOR By;lJvC) < .'/ ,.<:__ [.~ citv of San Bernardino Animal Shelter Dorothy, . steir ~ ~/,1/ Contrac Analyst By Tom Minor/ /?":PY1 ,f(~ f/~ , / Approved by~b ~ L. . M urry District Contracts 0 ficer DAS-OBM-1284 (REV.6/89) .....x EXEMPT FROM DEPART- MENT OF GENERAL SERVICES APPROVAL. Mayor Title or position 95-6000772 Federal I.D. Number ,'} - ./ /f 0,;; '!..;>./ A. Tho Cantreetor oholl k_ hi....lf fully ;"fo..-.:l of oil o.iat;", Ird future Stoto Ird Fodorol 1_ lrd'cCUlty Ird ..,;c;peL ord;rwncn end regulations whieh in any -.mer affect thIMe engeged or M1ployed in the work, or the bodi.. or tribun.ls having any jurisdiction or .uthority OYer the ..... He shall at all tiMes ~erYe and c~ly with, and shall cause all hi. agents and eMployees to observe end COMPly with all such existing and future llwe. ordinences, rqul.tione, order., end decrees or bodi.. or trHu,.ls hiving any jurisdiction or 8Uthority over the work. If any discrepencyor inconaistency is drscovered in this contr'Kt in relation to any such law, ordtNll"lCe, regulation, order or decree the Contractor shall forthwith report the .aMe to the State in writing. B. The Contractor agreel to h'ldelrlify, defend and save hl,..less the State, its officers, agents and ellployees 11"" any and all claiMS and losses occurring or resulting to any and all contractors, subcontractors, ..teri.l~, laborers and any other person, fi... or corporation furnishing or s'4lPlying work, services, _terials or suppl ies in cOlYleCtion with the perfonM8nce of this contract, and fr~ any and all claiMS and losses occurring or resulting to any person, firM or corporation who !My be injured or damaged by the Contractor in the perfonunc:e of this contractw C. The mentioning of certein statutes in this contract shall not rel ieve the Contractor frOll the responsibi l ity of coq:tlying with any other statutes appLicable to the service or rentaL to be furnished hereu'der. O. The Contractor shall inde.nify the State against aLL loss end ~ge to the Contractor's property or equi~t during its use under this contract and he shall at his own expense Mlintain such fire, theft. liability of other insurance as he deems necessary for his protection. The Contractor assuaes all responsibiL ity which mey be illlpOsed by law for property damage or personal injuries caused by defective equiPMent furnished under this contract or by operations of the Contractor or his empLoyees under this contract. E. The cost of ~loyer pe)1'lents to or on behalf of eAlployees. subsistence. travel. cogpensation insurance pr_iUlS, unen1)loynaent contributions, sociaL security taxes, contract bond prellilJllS. and any other taxes or assesSlllents INCU.IUNG SALES TAXES rec,Jired by law or otherwise shaLL be included in the price bid and no additionaL allowance will be-.de therefor, unless separate payment provision shouLd specifically be provided for. F. The Contractor, and the agents and .-ployees of Contractor, in the performance of this agreement, shall act in an independent c8p8city and not as officers or employees or agents of State of California. G. The Contractor warrants, by execution of tMs contract that no person or seLL ing agency has been ..,loyed or retained to sol icit or secure this contract upon an agre.-ent or 16tderatanding for a COlltission, percentage, broker.... or contingent fee. excepting bona fide empLoyees or bona fide estabLished c~rcial or selLing agencies ..intained by the Contractor for the purpose of securing business. For breach or vioLation of this warranty the State shall have the right to annuL this contract without LiabiLity, paying only for the value of the work actualLy perfoMMed, or in its discretion, to deduct frOll the contract price or consideration, or otherwise recover, the full ..aunt of such cOlMlission, percentage. brokerage or contingent fee. H. Pursuant to the authority contained in Section 591 of the Vehicle Code, the Departlllent has dete...ined that within such areas as are within the li.its of the project and are open to public traffic, the Contractor shaLL c~ly with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. The Contractor shaLL take all necessary precautions for .afe operation of his 8CfJiJa8nt and the protection of the travel ing pIobL ic fronl injury III'Id dMage fronl such ecpJi j:IIent. I. The State NY teMlinate this agreellef'lt and be reL ieved of the p8.,.ent of any consideration to Contractor should Contractor fai L to pedo". the covenants herein contained at the tiMe and in the .,..,.r herein provided. In the event of such tenllination the State MY proceed with the work in any .......r deeIIted proper by the State. The cost to the State shaLL be deducted frOll any Sta due the Contractor .....r this agre.-nt, ard the balance, if eny, shall be paid the Contractor upon deMand. J. Without the written consent of the State. this agreement is not assignable by Contractor either in whole or in part. K. Time is of the essence in this agreement. L. In accordance with Public Contract Code 10296. a Contractor who is not a pt,blic entity. by signing this contract, hereby swears ISlder penaLty of perjury that not more than one final l.I'l8ppealable fiOO109 of conteft1)t or court by a federal court has been issued against him within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders him to compLy with an order of the National Labor Relations Board. DAS-Q8M-1284 (REV. 6/89) . e?5'-/~/ Contract Sheet-2-- of --1- Contract No. 08J557 ARTICLE I - DESCRIPTION OF WORK The City of San Bernardino shall provide the Department of Transportation with 14 keys to the animal shelter, which State forces will use to dispose of animal carcasses. The city shall take possession of animal carcasses removed by State forces from State highways in the San Bernardino area. ARTICLE II - CONTRACT MANAGER The Contract Manager for the state is Mrs. Frances Perea, telephone number (909)383-4427. ARTICLE III - PERIOD OF PERFORMANCE A. This contract shall begin on Julv 1. 1995 contingent upon approval by the State and shall terminate on June 30. 1996 unless extended by supplemental agreement. B. The Contractor is advised that any recommendation for contract award is not binding on the State until contract is fully executed and approved by the State. ARTICLE V - RATES/COST LIMITATION A. Rate for this service is $50.00 per month. B. Total amount of this contract shall not exceed $600.00. 11--/;"'7 Contract Sheet-2-- of --1- Contract No. 08J557 ARTICLE VI - PAYMENT A. Payment will be made monthly, in invoices submitted in triplicate. contract number and be submitted following address: arrears, upon receipt of signed Invoices shall reference this to the Contract Manager at the Department of Transportation Attention Frances Perea/Maintenance 175 Cluster street San Bernardino, CA 92402 Contract No. 08J557 B. In order to expedite payment, invoice letterhead (printed or stamped) should read the same as the name on the contract. C. Payment may be made by the State Controller's Office or the Department of Transportation. Payment by the Department is permitted only when the covering invoices offer a discount of at least half-of-one percent (minimum $5.00). Payment by the Department will usually result in receipt of the check about three weeks earlier than when payment is made by the State Controller. ARTICLE VII - NONDISCRIMINATION A. During the performance of this contract, Contractor and its subcontractors shall not 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 40), marital status, and denial of family care leave. Contractors and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act. (Government Code, Section 12900 et seq.) and applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section . Contract Sheet-i- of --1- Contract No. 08J557 ARTICLE VIII - NONDISCRIMINATION (Continued) 7285.0 et seq.) The applicable regulations of the Fair Employment and Housing commission implementing Government Code, Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations 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. B. This contractor shall include the non-discrimination and compliance provisions of this clause in all subcontracts to perform work under this contract. ARTICLE IX - RETENTION OF RECORDS/AUDITS For the purpose of determining compliance with Public Contract Code 10115, et seq., and Title 21, California Code of Regulations, Chapter 21, section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code section 8546.7 the Contractor, subcontractors and the State shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period for three years from the date of final payment under the contract. The State, the State AUditor, FHWA, or any duly authorized representative of the Federal government shall have access to any books, records, and documents of the Contractor that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. (Government Code section 10532.) ARTICLE X - DISPUTES A. Any dispute concerning a question of fact ar~s~ng under this contract that is not disposed of by agreement shall be decided by the State's Contract Officer, who may consider any written or verbal evidence submitted by the Contractor. The decision of the Contract Officer, issued in writing, shall be conclusive and binding on both parties to the contract on all questions of fact considered and determined by the Contract Officer. a'~_/I, ~ -; v Cr'" Contract Sheet~ of -1-- Contract No. 08J557 ARTICLE X - DISPUTES (Continued) B. Neither the pendency of a dispute nor its consideration by the Contract Officer will excuse the Contractor from full and timely performance in accordance with the terms of the contract. ARTICLE XI - STATEMENT OF COMPLIANCE The prospective Contractor's signature affixed hereon and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the bidder has, unless exempted, complied with the nondiscrimination program requirements of Government Code section 12990 and Title 2, California Code of Regulations, section 8103. ARTICLE XII - CHANGE IN TERMS/TERMINATION A. The terms of this ~greement may be amended or modified only by mutual written agreement of the parties. B. The Department of Transportation reserves the right to terminate this agreement upon thirty (30) days written notice to the Contractor. ARTICLE XIII - DRUG-FREE WORKPLACE CERTIFICATION By signing this contract, the Contractor hereby certifies under penalty of perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by doing all of the following: A. 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). B. Establish a Drug-Free Awareness Program as required by Government Code section 8355 (b), to inform employees about all of the following: (1) The dangers of drug abuse in the workplace. (2) The person's or organization's policy of maintaining a drug- free workplace. /)j::'. .'/ "7 . i (... ~ /."" . Contract Sheet--2- of --1- Contract No. 08J557 ARTICLE XIII - DRUG-FREE WORKPLACE CERTIFICATION (Continued) (3) Any available counseling, rehabilitation and employee assistance programs, and (4) Penalties that may be imposed upon employees for drug abuse violations. C. Provide as required by Government Code section 8355 (c) that every employee who works on the proposed contract or grant: (1) will receive a copy of the company's drug-free policy statement and (2) will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both and the Contractor may be ineligible for award of any future State contracts if the Department determines that any of the following has occurred: (1) The Contractor has made a false certification or, (2) violates the certification by failing to carry out the requirements as noted above. ARTICLE XIV - MBE/WBE/DVBE PARTICIPATION GOALS The State has established no goals for the participation of MBE/WBE/DVBE in this contract. However, the Contractor shall be fully informed respecting the California Public Contract Code section 10115, et seq., which is incorporated by reference, and is urged to obtain MBE/WBE/DVBE participation should clearly defined portions of the work become available. . .(.1;:,,-//,,-:, . !" J." Contract Sheet--2- of --2- Contract No. 08J557 STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION PREVAILING WAGES NOT REQUIRED ADM-1206(Ne. 9/92) IISTIUCTlCIIS: Use In All of the followmg contracts not requiring prevailing wages: Such 8S Minor B (Public WOrks) "Construction" contracts where the contractor's bid .-oult is less than $25,000; or for those Right of Way Clearance/ Demolition, Right of Way Property Management, Operated Highway Equipment Rental Contracts. and Commercial Service Contracts (e.g. pl~ing and electrical repair type work) which encompass alteration, demolition or repair work, wherein the contractor's bid amount is less than $15,000. HOORS OF lABOR Even though the Cal ifornia "Publ ic WorkslI prev., l iog wage standards do not apply to this contract, the Contractor's etrployees are still afforded protection l.M'lder the State Mininun Wage Order and/or one of the Industrial Welfare COflII1ission Orders. The Contractor is encouraged to contract the Division of Labor Standards Enforcement, P.O. Box 420603, San Francisco, California 94142~0603, or one of its branch offices, if they have any questions or need additional information relative to hours of labor. _lOYllEIT OF _TlCES To insure cOIfPl iance and complete understanding of the law regarding apprentices, and specifically the required ratio thereunder, each contractor or subcontractor should, where some question exists, contact the State Division of Apprenticeship Standards, P.O. Box 420603, San Francisco, California 94142-0603, or one of its branch offices, prior to cOllRlencement of work on publ ic works contracts. Compliance with Section 1m.S lies with the pri_ contractor. YlRKERS' COIPEMSATIOI The Contractor's signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Contractor is .w.re of the provisions of Section 3700 of the Labor Code which requires every enl>loyer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with provisions of that code and agrees to comply with such provisions before COImlenC;ng the perforwl8nCe of the work of this contract. ASSI_IT OF AIIT1 TRUST ACTllIlS The Contractor's attention is directed to the following provisions of Government Code Sections 4552, 4553 and 4554 whi ch shall be appl ;cable to the Contractor and subcontractors on contracts for the purchase of goods, materials or services. "In submitting a bid to 8 pc.i)lic purchasing body, the bidder offers and agrees that 11 the bid is accepted, 1t wH 1 assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (cOlRRnCing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder." IIIf an awarding body or publ ic purchasing body receives, either through judgment or settleMent, 8 monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public bc:xiy as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. II IIUpon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of actlon asslgned under thlS ~rt 11 the asslgnor has been or ..y have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been insured thereby, or (b) the assignee decl ines to fi le a court action for the CBuse of action." lUllS If contract bonds Bre required, alterations, extensions of time, extra and additional work, and other authorized contract changes mey be INIde wi thout securing consent of the sureties on said bonds.