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HomeMy WebLinkAbout1993-247 1 RESOLUTION NO. 93-247 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT 0 3 TRANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STAT IGHWAYS IN THE SAN BERNARDINO AREA. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereb 7 authorized and directed to execute on behalf of said city a 8 greement with the State of California Department of Transportatio 9 for the disposal of animal carcasses from state highways in the Sa 10 Bernardino area, a copy of which is attached hereto, marked Exhibi 11 "A" and incorporated herein by reference as fully as though set fort 12 at length. 13 SECTION 2. The authorization to execute the above reference 14 agreement is rescinded if the parties to the agreement fail t 15 execute it within sixty (60) days of the passage of this resolution. 16 I HEREBY CERTIFY that the foregoing resolution was duly adopte 17 by the Mayor and Common Council of the City of San Bernardino at 18 reqular meeting thereof, held on the 19 1993, by the following vote, to wit: 19th day of Julv 20 / 21 / 22 / 23 / 24 / 25 / 26 / 27 / 28 / 6-15-93 -1- I RES 93-247 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIO F AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT 0 RANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STAT IGHWAYS IN THE SAN BERNARDINO AREA. ABSENT ABSTAIN ouncil Members: NAYS AYES x x x x BERHELMAN FFICE VACANT x x .tii::~- ~ CI'rY CLERK The foregoing resolution is hereby approved this ~~~6 day of , 1993. Julv -~ ( r-;?J ./f/~ TOM MIN R, Mayor city of San Bernardino 18 19 Approved as to form and legal content: 20 JAMES F. PENMAN 21 City Attorney By: \ C--1/L-~~ 22 23 24 25 26 27 28 6-15-93 -2- Res 93-247 con~ractor Caltrans Dept. of Gen. Sere Controller Admin. Maintenance/Thomoson Sheet 1 of 6 DEPARTMENT OF TRANSPORTATION CO. RTE. P.M. SOURCE CHARGE EXP. AUTH SPECIAL DESIGNATION OBJECT AMOUNT FISCAL ENCUMBRANCE FUNDING: DIST UNIT DIST UNIT GEN LED SUB - ACCT SUB-JOB NO./R/W DEBIT OR CREDIT YEAR WORK ORDER NO. PARCEL NO. LOCATION 08 603 --- --. 501000 7079 $600.00 93/94 STATE - - JOINT - FEDERAL ITEM I CHAPTER I STATUTES IFISCAL YEARI I 2660-001'042 1994 94/95 CONTRACT NO. 08H687 I hereby certify upon my own personal knowledge that budgeted funds I are available for the period and purpose of the expenditure stated abovel I SIGNATURE OF ACCOUNTING OFFICER "'" 4 OATE I ! tJ~~ /'VI ~A.~ 7-;;',1-9,3 ! SAN 8ERNARDINO, CALIFORNIA DATE June 7. 1993 Contractor's Namecitv of San Bernardino Animal ShelterPhone(909)384-S048 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 hereunto set their hand the year and date first above written. DEPARTMENT OF TRANSP CONTRACTOR EXEMPT FROM DEPART- MENT OF GENERAL SERVICES APPROVAL. By . / CITY OF SAN BERNARDINO ANIMAL SHE By77~ )i-u~, Approved bY~~ r1 ~.~ -!-<J"L , Kathleen D. Sansone District Contracts Officer DAS-OBM-1284 (REV.6/89) Mayor. City of San Bernardino Title or position 95-6000772 Federal I.D. Number Deportment of Transportation Post Office Box 231 Son Bernardino, CA 92402 RES A. B. C. D. E. F. G. H. 9fh~~ontracior shall keep himself fully infonned of all existing and future State and Federal I~WS lUlU wu.... _.~ municipal ordinances and regulations which in any manner affect those engaged or .employed m the work, or .the bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and compl)"wlth, and shall cause all his agents and employees to observe and comply with all such existing and future laws, or~inanc"" regulations, orders, and decrees or bodies or tribunals having any jurisdiction or authori~y over the wor~. If any discrepancy or inconsistency is discovered in this contract in relation to any such law, ordmance, regulation, order or decree the Contractor shall forthwith report the same to the State in writing. The Contractor agrees to indemnify. defend and save hannless the State, its officers, agents and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontractors, materialmen, laborers and any other person, finn or corporation furnishing or supplying work, services, materials or supplies in connection with the perfonnance of this contract, and from any and all claims and losses occurring or resulting to any person, finn or corporation who may be injured or damaged by the Contractor in the perfonnance of this contract. The mentioning of certain statutes in this contract shall not relieve the Contractor from the responsibility of complying with any other statutes applicable to the service or rental to be furnished hereunder. The Contractor shall indemnify the State against all loss and damage to the Contractor's property or equipment during its use under this contract and he shall at his own expense maintain such fire, theft, liability of other insurance as he deems necessary for his protection. The Contractor asswnes all responsibility which may be imposed 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. The cost of employer payments to or on behalf of employees, subsistence, travel, compensation insurance premiwns, unemployment contributions, social security taxes, contract bond premiwns, and any other taxes or Bssessments INCLUDING SALES TAXES required by law or otherwise shall be included in the price bid and no additional allowance will be made therefor, unless separate payment provision should specifically be provided for. The Contractor, and the agents and employees of Contractor, in the perfonnance of this agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. The Contractor warrants, by execution of this contract that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained 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 actnally perfonned, or in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has detennined that within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply 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 safe operation of his equipment and the protection of the traveling public from injury and damage from such equipment. 1. The State may tenninate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perfonn the covenants herein contained at the time and in the manner herein provided. In the event of such tennination 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 swn due the Contractor under this agreement, and the balance, if any, 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 public entity, by signing this contract, hereby swears under penalty of perjury that not more than one final unappealable finding of contempt or court by a fedeml 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-OBM-1284 (REV. 6/89) RES 9)-247 Contract Sheet-2--of n Contract No. 08H687 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, 1993 contingent upon approval by the State and shall terminate on June 30, 1994 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 submi tted ~n triplicate. Invoices shall reference this contract number and be submitted to the Contract Manager at the following address: Department of Transportation Division of Accounting/Accounts Payable P. O. Box 168018 Sacramento, CA 95816-8018 Attention: Mr. Walt Thompson District 8/Maintenance Contract No. 08H687 B. In order to expedite payment, invoice letterhead (printed or stamped) should read the same as the name on the contract. RES 93-247 Contract sheet~of 6 Contract No. 08H687 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 RES 93-247 Contract Sheet~of 6 Contract No. 08H687 ARTICLE VII - DISPUTES A. Any dispute concerning a question of fact arising 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 VIII - 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 l2990, 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 RES 93-247 ". Contract Sheet~of 6 Contract No. 08H687 ARTICLE IX - 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 X - 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. ARTICLE XI - RETENTION OF RECORDS/AUDITS For the purpose of determining compliance with Public Contract Code section 10115, 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 General, 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 cipies thereof shall be furnished if requested. RES 9;1:-247 S I XII; (JJ: C,.\I.IH)H..NIt\ . j)rp"H.T~lI':--lT OJ." r]{A~SP(JI{ L\lloN f'REVAILING WAGES NOT REQUIRED t\1)'1-1~(I()(Ncw 9'91) Contract Sheet 6 of 6 Contract No. 08H687 I.\'STRUCTlON5: Use ill ALL of Ihe fo//owlIlg cOlllracls 1101 re,/wrmg prevullillK wURes: Such us Alinor fJ (Puhlic H'nrk<;) "Construction" contracts 'K'ltere the con/raclor's bid amoullt is less Ihull $25,000; or for Ihose RighI of ftay Cleurullce/ Demolilioll, RighI of Way Properly Mallugemelll, Operaled lli/!,ha'u.v Equipment Rental Contructs, and Commercial Sen'ice Contracts (e.g. plumbing and e/ectn'cal repair type work) which encompass a/tera/ion, demolition or repair 'work, whereill Ihe cOlllraclor's bid amOU1l1 is less Ihall $15,000, HOURS OF LABOR Even though the California "Public Works" prevailing wage standards do not apply to this contract, the Contractor's employees are still afforded protection under the State Minimum Wage Order and/or one of the Industrial Welfare 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 relative to hours of labor, EMPLOYMENT OF APPRENTICES To insure compliance and complete understanding of the law regarding "pprentices, and specifically the required ratio thereunder, each contractor or subcontraclor should, where some question exists, contact the Stale Division of Apprenticeship Standards, 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 affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the Contractor is aware of the provisions of Section 3700 of the l.abor Code which requires I..'vcry employer to he insured against liability for workers' compensation or to undertake sdf-insur::mrc in ;\cC\)rJaIH':c with provisions of that lOUC anu agrcl's to cOlllpl~' with SUl'h rrovisions hdorc (ommcncing the pl'rlllllllann' of the \I,:ork of this (plllr;lcl. ASSIGNMENT ACTIONS OF ANTITRUST 'lbe Contractor's attention is directed to the following provisions of Government Code Sections 4552, 4553 and 4554 which shall be applicable to the Contractor and subcontractors on contracts for the purchase of goods, materials or services. "In submilting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will 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 Carlwright Act (Chapter 2 (commencing 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." "If an awarding body or public purchasing body receives, either through judgment or seltlement, a 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 Ihe public body any portion of the recovery, including treble damages, altributable to overcharges Ihat were paid by the assignor but were not paid by the public body as 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 shall, within one year from sueh demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the viol"tion 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 a court action for the cause of action." BONDS If contract bonds are required, alterations, extensions of time, extra and additional work, and other authorized contract changes may he made without securing consent of the sureties on ~wid bonds.