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HomeMy WebLinkAbout1994-208 . . 1 2 3 4 5 6 7 8 9 RESOLUTION NO. 94-208 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. 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 the State of California Department of 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 The authorization to execute the above 14 referenced agreement is rescinded if the parties to the 15 agreement fail to execute it within sixty (60) days of the 16 passage of this resolution. 17 I HEREBY CERTIFY that the foregoing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 regular meeting thereof, held on the 20 1st day of Auqust , 1994, by the following vote, to wit: 21 / 22 / 23 / 24 / 25 / 26 / 27 28 6-23-94 -1- 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 28 94-208 " 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. Council Members: NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN POPE-LUDLAM MILLER AYES NAYS ABSTAIN ABSENI' ------X- ------X- ---X- ---X- ---X- ----"---- ----"---- C(~Y~ The foregoing resolution is hereby approved this 4th day of Auaust Approved as to form and legal content: JAMES City F. PENMAN ttorney t 6-23-94 , 1994. .~ )Jft~~~ TOM MINOR, Mayor City of San Bernardino ,! if:::---v~'/\'"}'<--- -2- 94 2Q~ 8 9 10 11 Ii ! 12j I 131 I 141 151 161 I , 17i 181 19 20 I 211 221! I 231 241 25i 261 271 281 " II i , , 111 STATE OF CALIFORNIA , COUNTY OF SAN BERNARDINO 2!1 CITY OF SAN BERNARDI~O SS 31 4 I, RACH~L CLARK, City Clerk in and for the City of San Bernardino DO HEREBY CERTIFY that the foregoing and attached copy of the San Bernardino Ci~y Resolution No. 94-208 is a full, true and correct copy of that now on file in this office. 5 6 IN WI~ESS WHEREOF, I have hereunto set my hand and affixed the official seal of the Ci~y of San Bernardino this 1st day of August , 19~. P~id ~~ City Clerk By & ~) !(].~ , Bea Cortes, Deputy '~7- - - -c::; II Contractor Ca1trans Dept. of Gen. Ser. Controller Admin. Maintenance/Thompson 94-208 Sheet 1 of 6 DEPARTMENT OF co. TRANSPORT~ED-CI1Y CLEF~ RTE. P.M. SOORCE I CHARGE EXP. AUTH SPECIAL DESIGNATION OllJEG.~ 4EB~I~r~DIP5 021SCAL ENCUMBRANCE FUNDING: DIST UNIT DIST UNIT GEN LED SUB-ACCT SUB-JOB NO./R/W YEAR WORK OIlDER NO. PARCEL NO. LOCATION 08 603 ,-- --- 501000 7079 S 600.00 94/95 - STATE - JOINT I - FEDERAL ., .... . i ITEM I CHAPTER I STATUTES IFISCAL YEARI I 2660-001-042 1995 95/96 CONTRACT NO, 08J247 I I I hereby certify upon my own personal knowledge that budgeted funds I are available for the period ard purpose of the expenditure stated above I SAN BERNARDINO. CALIFORNIA I SIGNATURE OF I I DATE June 23.1994 Contractor's Phone(9091384-5275 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 heraof, 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 reservas the right to terminate this agreement upon written notice to the Contractor. IN WITNESS WHEREOF, the parties tOLhe e presents have hereunto set their hard the year and date first above written. DEP~TME~ORTATION i CONTRACTOR By '1/..2 fI1 n <AN BERN~.z:;t > . Herberta M. Olive ~ \ Assistant Contracts Officer By I~ EXEMPT FROM DEPART- MENT OF GENERAL SERVICES APPROVAL. L. A. KcKu ry District Contracts DAS-OBM-1284 (REV.6f89) MAYOR ~po~ ~partme-nf-o"t Transportation Post Office Box 231 "on Bernardino, CA 92402 Approved b ,-~ . . 94 208 Contract Sheet~of 6 Contract No. 08J247 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 Mr. Walt Thompson, telephone number (909)383-4427. ARTICLE III - PERIOD OF PERFORMANCE A. This contract shall begin on July 1, 1994 contingent upon approval by the State and shall terminate on June 30, 1995 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 IV - RATES/COST LIMITATION A. Rate per month is $50.00 which shall include all animals taken to the Shelter. B. Total amount of this contract shall not exceed $600.00. ARTICLE V - PAYMENT A. Payment will be made monthly, in arrears, upon receipt of signed invoices submitted in triplicate. Invoices shall reference this contract number and be submitted to the Contract Manager at the following address: Department of Transportation 175 Cluster Street San Bernardino, CA 92408 Attention: Mr. Walt Thompson B. In order to expedite payment, invoice letterhead (printed or stamped) should read the same as the name on the contract. 94 .. 2~'8 Contract sheet~of~ Contract No. 08J247 ARTICLE V - PAYMENT (Continued) 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. D. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of congressional or legislative appropriation of funds for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the agreement were executed after that determination. E. This agreement is valid and enforceable only if sufficient funds are made available to the State by the United states Government or the California state Legislature for the purpose of this program. In addition, this agreement is subject to any additional restrictions, limitations, conditions or any statute enacted by the Congress or the state Legislature that may affect the provisions, . terms or funding of this contract in any manner. F. It is mutually agreed that if the Congress or the state Legislature does not appropriate sufficient funds for the program, this contract shall be amended to reflect any reduction in funds. G. The state has the option to void the contract under the 30-day cancellation clause or to amend the contract to reflect any reduction of funds. ARTICLE VI - CHANGE IN TERMS/TERMINATION A. The terms of this agreement may be amended or modified only by mutual written agreement of the parties. B. The Department of Transportation reserves terminate this agreement upon thirty (30) days to the Contractor. the right to written notice 94 208 Contract Sheet~of~ Contract No. 08J247 ARTICLE VII - NONDISCRIMINATION A. 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, mental condition, marital status, age (over 40) or sex. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. 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 Code of Regulations, Title 2, Section 7285.0 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 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 compliance provisions of this clause perform work under the contract. nondiscrimination and in all subcontracts to ARTICLE VIII - RETENTION OF RECORDS/AUDITS , For the purpose of determining compliance with Public Contract Code Section 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 10532, 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). . , 94 208 5 6 Contract Sheet____of Contract No. 08J247 ARTICLE IX - 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. 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 X - MBE/WBE/DVBE PARTICIPATION (NO 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. ARTICLE XI - PAST DUE RECEIVABLES Should Cities or Counties fail to pay monies due the State within 30 days of demand or within such other period as may be agreed between the parties hereto, State acting through the State Controller, may withhold an equal amount from future apportionments due cities or Counties from the Highway Users Tax Fund. . 94' 208 , Contract SI1CCt ~ of 6 Contract No. ST/\'l'E cr CAL;,FCR:;-=A - [EL~.i\RTt>lENT CF TRANSPORTATIO!-.J I'RE\',\lLI\G WAGES \OT REQLlRED ,\:)~1.I~il('(~l"W I; \i~J -~------- - 7.\,)FRLCT1U-,\.\: I....'l.' ,I: ,-lLL Olll,'{' '~':('\\ 1//:': tun/raClS 11('1 tl'<i/llrtnr; pr{'\WilJl:': -,\',,',:..:,'.\": ,\;/(/1 W\//i)(}r n r'J}:lblic tlorbi "Cofl.\lrIlC!IOII" conlrl./{.'js iI'hat' ,'he cOli/Tudor's hiJ llmuulllls It'ss dum 5;5,(,'1)1); cr fur :hest...' U.-glll I~r II'c;r C't'tiTWlce': nt'H10!iilnl:, /(;,::/11 0/ H',,\' Fr(lperry .\t."j':~'i.!mt'I1f. (jpt'rall.'J .: ;'<..:/) ~\(l_': J~'I!iu!"mCl1l !':t'Il{a! CilUr,ic ::-,', am.! Conune"c;,,/ YC.'1';'CI! C(;I1/r,;c:.1 (('-:~. ri;unl",'.r:l,' d!ll1 l'.,.'Ctricai rcpwr '-'..~I! \':.^:rk. i ;\hiCill'i:CI.-'I/:P(LI.S (I!;i.!riiitul1, d("'~( .;:/(111 or TCpalr \\'or~ :~'j:erciil rhe c,;/;rrac;or's i~i:.l t.m:nlllll is ,ess I!zWl 515,(;(;0. HOCRS OF LABOR Even though Lhe California "Public Works" prevailing wage standards do not apply to this contract, the Contractor's cmployees arc still afforded protection under the State Minimum Wage Order and or one of the Industrial \Vc!farc Commission 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 rc!:ltive to hours of labor. EMPLOYMENT OF APPRENTICES To insure compliance 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 ApprenticeshipStandards, P,O, Box 420603, San Francisco, California 94142-0603, or one of its branch offices, prior to commencement of work on public works contracts. Compliance with Section 1777.5 lies with the prime contractor. WORKERS' COMPENSATION The Contractor's signature affL~ed herein shall constitute a certification undcr penalty of perjury under the laws of the Slate of California, that Ihe Contractor is aware of the provisions of Section :1700 of the l.ahor Code which rr.:quires every employer to hl' insurcu "gainst litloility for workers' compensation or to unlkrtakc sclf-insurance in :ll.'cordanl'c with pro\'isilln... ni' thai L'ndc anu agrl'es 10 cnn1l'ly with sudt prm'j<.;hllls ht.'furt.' 1'(ll\ll1h:ndng lhe p~'lrOIIll;I1H'l' of tIH.' W\ll~ III thi, l'ul\lr;II..:l. -~---- O'I~-,\il' I T ({ l) ST .-\SSIGN:\if::-<T ACTIONS "1l1C C,)ntr:lCtl"'r'5 attcnlinn is dircctcJ In the r(~li(1\\'ir_:.: provi5illns of Go\'nnml'nt C\;Ul: ~l:,:ti{':1'; -l.~';;;::, ~~~~ ;l;~~ .l:'5.+ which sh;1l1 be :irr1iG:rk l',~ tr:c C,:r.lr:h:~~"i ;;:~J subcontractors on CCnlr;ll.'ts fur the ;,urc;wsc (.f :;,;t;li,-, materials or scr.:iccs. "In submitting n bid to ;1 public pl;n.:!1asi~g bedy, the bidder effcrs and 3grces that if the hid is :lcccptCG. it wi:: as;-:;ig:1 t(~ the purchasing body :;11 rights, title, emd 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 (commencing with Section 16700) of Port 2 of Division 7 of the Business and Professions Code i, arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assi!,'1lment shall be made and become effective at the time the purchasing body tenders final payment to the bidder," "If an awarding hody or public purch"sing hody receives, either through judgment or settlement, a monetary recovery 'for a cause of action "ssigned 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, includi~g treble damages, attributable to overcharges that were paId by the assignor but were not paid by the pu~lic body ~s part of the bid price, less the expenses Incurred In obtaining that portion of the recovery." "Upon demand in writing by the assignor, the assignee shal~ within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may 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 declines to file J court action for the cnuse of aclion." BONDS If conlract honds arc required, alterations, extensions or time. cxlm :,"1..1 adJitinnal work, and other aUlhllrizcu tontrOll't changes may ne made without securing consent of the sure lies on s"id bonus, 'l 'ff "I'