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Home My WebLink About1992-255 1 RESOLUTION NO. 92-255 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 HIGHWAYS 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 Agreement 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 The authorization to execute the above reference 14 agreement is rescinded if the parties to the agreement fail t 15 execute it within sixty (60) days of the passage of this resolution 16 I HEREBY CERTIFY that the foregoing resolution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 y the Mayor and Common Council of the City of San Bernardino at 18 re ular meeting thereof, held on the 6th day of Ju~ 19 , 1992, by the following vote, to wit: 20 / 21 / 22 / 23 / 24 / 25 / 26 / 27 / 28 / 6-4-92 -1- 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 POPE-LUDLAM ILLER AYES -1L- -1L- -1L- -1L- -1L- NAYS ABSTAIN ABSENT -1L -1L- Q~ ~~'~~ '- CITY ERK The foregoing resolution 15 h- of , 1992. 16 17 18 Approved as to form 19 and legal content: 20 JAMES F. PENMAN city Attorney 21 22 23 24 By: 25 26 27 28 6-4-92 / is hereby approved this -2- iJ CON- "'ACTOR o CAL"RANS o DEPT OF GEN. SEA. o CONTROLLER o ADM'N. CMaintenace/Thornpson STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Sheet . .1 5 ........... of Cc;. . .. ... . .. .. . R~~" . .. . . . . . . 'P.M. r="u." CHARGE EJCP,AllTR SPEClAlDESIGNAmN GENlfD ISUB-ACCT SUIhIOBNO. AMOUIfT R..... Ell"....._ OIST IUNIT ~ RIW PARCEL NO. OBJECT DEBIT OR CREDrT YEA, DOCUMENT ;'01511UNrT if NUMBER FUNDING: " WORX ORDER NO. lOCATION BAIDGEND. ETC. 08603 --- 5D1000 I 7079 $504.00 92/92 o STATE I o JOINT I o FEDERAL irEM CIW'TE' STATUTtS FISCAL YWI 2660-001-042 1992 92/93 CONTRACT NO. 08H102 ............................. I hereby certt!>; upon my own persolMl kn~ ,~t budge'-d lufldl.,. eNi'.,. lllll number to be pteced on eM InvoIceI for 'he period .nd purpoM 01 the expenditure at"ed above )IGNATURE OF ACCOUNTING OFFICER DATE .~~.~Ii'~N~~RINQ............... ,CALIFORNIA, ~ JOfL. (,:,-2-.q~ 1992 ! Date June 2, ........................................ Contractor's Name. 9:tx .c:~ .~<!t; .~~r:~~~l}? ~~~~. ~~~.l:t.e.r:........ Phone.. ?1.4!.3.~~~~~~~...... f (......,........ , ~Address ... .3.3.3. .~l.':~~ . ~ . I3'?<;,~! . ~?-!l. ~:--!1?r?i.r;o.'. .c.A. . . ~ ~~~~ . . .. .. .. .. .. .. .. . .. .. .. .. .. .. . . . . . IJcenM No. and c.... .. " The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Depart- o ment of Transportation in accordance with the provisions on BOTH SIDES of this form and on the b" attached sheets, and he agrees to receive and accept as full compensation therefor the prices named II ~ herein. ....... Q t The consideration to be paid Contractor, as provided herein, shall be In !: 0 compensation for all of Contractor's expenses Incurred in the performance aJ hereof, including travel and per diem, unless otherwise expressly so 'g~; provided. .- :Il ;; :'- 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 ~ i3 or agreement not incorporated herein shall be binding on any of the -. parties hereto. The said Department of Transportation hereby agreea 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. f i Firm HI"" ............................................. o Exempt From DepartfMnt or Gene,..1 SeMeH Approv.L IN WITNESS WHEREOF, the parties to these presents have hereunto set their hand the year and date first bove written. .. DEPARTMENT OF TRANSPORTATION CONTRACTOR CITY OF SAN BERNARDINO ANIMAL SHELTER ~ "" 1 . ,,~ of y . H~~~~t~' M'" oi'ive..... .. ......... ..... ... Assistant Contracts Officer , By .................................... . . . . . . TItle or PoaItlon ............................................. Approved by ................................. Kathleen D. Sansone Dis~rict Contracts Officer Federal 1.0. Number OA&OBM-12804 (REV. 8189) Contract Sheet -1- of 5 Contract No. 08H102 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 ADMINISTRATOR The Contract Administrator for the State is Mr. Walt Thompson, telephone number 714/383-4427. ARTICLE III - PERIOD OF PERFORMANCE A. This contract shall begin on July 1, 1992 contingent upon approval by the State and shall terminate on June 30, 1993 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 $42.00, which shall include all animals taken to the Shelter. B. Total amount of this contract shall not exceed $504.00. 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 Administrator at the following address: Department of Transportation P.O. Box 231 San Bernardino, CA 92402 Attention Mr. Walt Thompson/Maintenance 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. Contract Sheet 2- of 5 Contract No. 08HI02 ARTICLE V - PAYMENT (Continued) 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 Cont~ctor. the right to written notice 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 . a . . by the State's Contract Off1cer, who may cons1der any wr1tten 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 Contract Officer will excuse the Contractor from full timely performance in accordance with the terms of contract. the and the Contract Sheet ~ of 5 Contract No. 08H102 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 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 IX - MBE/WBE/DVBE PARTICIPATION GOALS In accordance with PubliC:: Contracts Code Section 10115 and the Military and Veterans Code, Section 999.2, it is not required to establish Minority Business Enterprise, Women Business Enterprise or Disabled Veterans Business Enterprise (MBE/WBE/DVBE) goals on contracts of $10,000 or less. Therefore, the goal for MBE/WBE/DVBE participation in this contract is zero. This fact is not intended to preclude or discourage the prime contractor from soliciting or using MBE/WBE/DVBEs in contracts of $10,000 or less. 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. STATE OF CALlFORNIA.DEPARTMENT OF TRANSPORTATION PREVAILING WAGES NOT REQUIRED ADM.1206 (New 11190) Contract Sheet 5 of 5 Contract No. 08H102 INSTRUCTIONS: Use in ALL of th6 following contacts not requiring pf9Vailing wages: Minor 8 (PtAJ/ic Works), Right of Way ClearancelfJemoliUon, Right of Way Property Management and Operated Highway Equipment Rental Conllacts, and Commercial Services, e.g. plumbing and electrical. HOURS OF LABOR Eighl (8) hours labor constitutes a legal day's wolll. The Contractor shall forte~, as a penalty 10 the Stale of Califomia, $25.00 for eacl1 wolller employed in the execution ollhe contract by lhe Contractor or any subcontractor under hin for each caJendar day ~ring which such worker is required or permitted to worl< more than 8 hours in anyone calendar day and 40 hours in anyone calendarweel<. in IIioIation of the prcMsions of the Labor Code, and in particular Seclion 181010 1815 thereof, inciusive, exeept thai work pertormed by e~loyees in excess 01 8 hours per day, and 40 hours during any one weal<, shall be permined upon compensation for all hours wollled in exeess of 8 hours per day at nolless than one and one-half tines !he basic rale 01 pay, as provided in Section 1815. EMPLOYMENT OF APPRENTICES Allention is direcled to the provisions in Section lm.5, 1777.6 and lm.7 of the Labor Code concerning the employment of apprentices by the Contractor or any subconlractor under him. (Section lm.5 shall not apply 10 general conlraClors or 10 conlracts of specially contractors not bidding for work through a general or prime contractor, involving less than 20 working days or $30,000.) The Conlractor and any subcontractors under him shaU comply with the requirements 01 Sections 1777.6 and 1777.5 in the employment of apprentices. To insure compliance and complele underslandng of the law regarding lIflllI8Illices, and specifICally the required ratio thereunder, each contractor or subcontraclor should, where some question exists, conlact the Stale Division of Aflpl8n~ Standards, P. O. Box 603, San francisco, California 941 01, or one of its branch OrrICOS, prior to commencement of work on ptbllc works conlracts. Compliance wiIh Section lm.5lies wilh the prime conlractor. WORKERS' COMPENSATION The Contractor cenifl9s that the Contractor is awareot the provisions of l.abor Code Section 3700 which requires every employer to be insure against liabiily for wolllers' compensation or to undertaJlB self~nsuranca in aa:ordance with provisions of lhat code and agrees to comply with such provisions before commencing the perlormance of the wolll of this conlract ASSIGNMENT OF ANTITRUST ACTIONS The Conlraclors allenlion is directed 10 the following provisions 01 Government Code Sections 4551 and 4552 which shall be applicable to the Contraclor and his subcontractors on public works contracts or to the bidder on conlracts for the purchase of goods, materiais or serviees: "In entering into a pubiic worXs conlract or subcontract 10 supply goods, services, or materials pursuant 10 a public wOrXs contract, th&Contractor or subcontraclor offers and agrees to assign to the awarding body all [ights, litle, and interest in and to all causes 01 action it may have under Section 4 ollhe Clayton Acl (IS U.S.C.Sec.1S) or under the Cartwrighl Act IChapter 2 (commencing wnh Section 16700) of Part 2 01 Division 7 of the Business and Professions Codel, arising from purchases of goods, services, or materiais pursuanl to the public worXs contract or the subcontract This assignment shall be made and become effeclive at the time the awarding body tenders final payment to the contractor wilhout lurther adulowledgement by the parties." 'In submitting a bid to a public purchasing body, the bidder offers and agrees Ihat If the bid is accepled, it will assign 10 the purchasing body all righls, tille, and interesl in and 10 all causes of action it may have under Section 4 o!the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Ad (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 01 the Business and Professions COdel, arising from purchas&s of goods, materials, or services by the bidder for sale to the purchasing body pursuanlto Ihe bid. Such assignment shaM be made and become effective at the time the purchasing body tenders final payment to the bidder." TRAVel AND SUBSISTENCE PAYMENT AIIention is directed to the requiremenls of Section 1773.8 of the Labor COde. The Contractor shall make travel and subsislence payments to each worker needed 10 execule Ihe wolll in =rdance with said requirement. BONDS If conlract bonds are required, alleralions, extensions of time, extra and additional wOlll, and olher authorized contract changes may be made without securing consenl of the surelles on said bards. STATEOPCAUFORNIA DRUG-FREE WORKPLACE CERTIFICATION STD. 21 (NEW 11-90) FAILURE TO RETURN TIUS COMPLETED FORM WITII CONTRACT DOCUMENTS WILL PREVENT FINAL EXECUTION OF CONTRACT. COMPANYIORGANlZATION NAME City of San Bernardino Animal Shelter The contractor or grant recipient named aoove hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The aoove-named contractor or grant recipient will: 1. 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). 2. 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 ,?f drug abuse in the workplace, (b) The person's or organization's 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. 3. Provide as required by Government Code Section 8355(c), that eveI)' employee 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 described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICIAL'S NAME DAlEEXECUIED EXECUI'EDlN 1HE COUNIY OF 1TI1.E CONI'RACfOR or GRANT RECIPlENTSIGNAlURE FEDERAL ID. NUMBER From and after the "Date Executed" and until , and at the election of the contractor or grantee, the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without the necessity of requiring the contractor or grantee to provide a new and individual certificate for each such contract or granl. If the contractor or grantee elects, as provided above, by filling in the blank date, then the terms and conditions of this certificate shall have the same force, meaning, effect and enforceability as if a certificate were separately, spccificoUy, ond individually providcd for cach contract or grant bctwccn thc contractor or grantcc and this statc agcncy. Contract No. 08Hl02 STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION ETHNIC GROUP AND SMALL BUSINESS QUESTIONNAIRE ADM-0362 (REV. 9/89) To The Contractor: We are required by the Department of General Services to furnish them with information pertaining to the Small Business and Procurement Act, Government Code 14835. Please complete the form below and return it with the contract: Sex and Ethnic Classification of Owner(s): Male Female Male Female Black American D D Filipino American D D Asian-Pacific American D D Asian-Indian American D D Hispanic American D D Caucasian/White D D Pacific Islander D D All Other D D American Indian/Alaskan Native D D Yes No Small Business: D D Yes No Non-Profit Organization D D '0 CONTRACTOR o CAL TRANS o DEPT. Of GEN. SEA. o CONTROLLER o ADMIN. 4!aintenace/Thompson STATE Of CALIFORNIA DEPARTMENT OF TRANSPORTATION SOURCE CHARGE EXP,AUTH. SPEClAlOE5lGNATION SUB-JOBHO. OBJECT 'MO'''' A_ x IVW PARCEL NQ. OEBffOACREDrr YEAR DlST i!' LOCATION BRIDGE NO.ETC. 08603 501000 7079 $504.00 92/92 ;TEM 2660-001-042 CHAPTER STATVTES FISCAL YEAR 1992 92/93 I nereoy certify upon my own pe~1 kno~ ,,.., ~ted hI",..re ."",""" lor t"e periOd .nd purpou 01 the expendlfure at'ted above CONTRACT NO. SIGNATURE Of ACCOUNTING OFFICER Sheet '1 ........... of 5 Co:........... 'R~~"""."" 'P.M. ,- DOCUMENT NUMBER FUNDING: o STATE o JOINT o FEDERAL 08H102 ............................. Thll numbet 10 be ptKecI on .lIlnvo1cu ~ (,p-2-q .&~t:I.~~fl.r-j~fl.qINQ. . . . . . . . . . . . . . . . CALIFORNIA, June 2, 1992 Date ... .0..0 ...... ............ .0....0....... Contractor's Name. ::.i:ty. .~~ .~"!I'! .~~r:,:~~~~? ~~~~. ?~~.l:t.e.r:........ Phone.. ?1.4!3.~~~~~~~...... I"~ (PIeu. bill.. .bow. Jv.~F.Address ... .3.3.3. .Ell.c;~ .~~ .13?,:~!. ~~!1. ~::!1~;?i.n.~,. .~~. .~~~~~.................................. lanM No. and c.... .. . The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Depart- o ment of Transportation in accordance with the provisions on BOTH SIDES of this form and on the 'S... attached sheets, and he agrees to receive and accept as full compensation therefor the prices named 81 ~ herein. .i ..-l Q t The consideration to be paid Contractor, as provided herein, shall be in ~ 0 compensation for all of Contractor's expenses incurred in the performance 01 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 ....' ~ 'I:: made in writing and signed by the parties hereto, and no oral understanding :il 8 or agreement not incorporated 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 consentthis agreement may be modified and thatthe 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 bove written. (Per City of S Bdno RES NO 92-255 adopted 7/6/92) DEPARTMENT OF TRANSPORTATION CONTRACTOR CITY OF SAN BERNARDINO ANI ELTER DAre iO i y 'H~~~~t~' ~1'.' Oiive........................ Assistant Contracts Officer .. j . ~ ) . " .!" '.l . , o Exempt From Department of General Servas Approval Approved by ................................. .. .'!', .~~ .1!l?~99~f .~r!>~.. 7/.1.0/.9,2,............ Title Of P..llOn Fed. I.D. No.: 95-6000772 ............................................. Federall.D. Number Kathleen D. Sansone District Contracts Officer DA&OBM.12841REV.8/89) (City Res. 92-255 adopted 7/6/92) Contract Sheet -1- of 5 Contract No. 08HI02 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 ADMINISTRATOR The Contract Administrator for the State is Mr. Walt Thompson, telephone number 714/383-4427. ARTICLE III - PERIOD OF PERFORMANCE A. This contract shall begin on July 1, 1992 contingent upon approval by the State and shall terminate on June 30, 1993 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 $42.00, which shall include all animals taken to the Shelter. B. Total amount of this contract shall not exceed $504.00. 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 Administrator at the following address: Department of Transportation P.O. Box 231 San Bernardino, CA 92402 Attention Mr. Walt Thompson/Maintenance 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. Contract Sheet ~ of 5 Contract No. 08HI02 ARTICLE V - PAYMENT (Continued) 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 cont~ctor. the right to written notice ARTICLE VII - DISPUTES A. Any dispute concerning a question of fact ar1s1ng 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. Contract Sheet ~ of 5 Contract No. 08H102 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 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 IX - MBE/WBE/DVBE PARTICIPATION GOALS In accordance with Public Contracts Code Section 10115 and the Military and Veterans Code, Section 999.2, it is not required to establish Minority Business Enterprise, Women Business Enterprise or Disabled Veterans Business Enterprise (MBE/WBE/DVBE) goals on contracts of $10,000 or less. Therefore, the goal for MBE/WBE/DVBE participation in this contract is zero. This fact is not intended to preclude or discourage the prime contractor from soliciting or using MBE/WBE/DVBEs in contracts of $10,000 or less. 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. . " STATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION PREVAILING WAGES NOT REQUIRED ADM-1206 (New 11190) Contract Sheet 5 of 5 Contract No, 08Hl02 INsmUCTlONS: Use in ALL 01 thelollowirg conlTaClS not '"'luiling prrwaillng wages: Minor B (Public Worlcs), Right 01 Way Clearanc8lf)emo/i~on, Right 01 Way Property Management and Operated Highway Equipment Rental ConlTacts, and Commercial Services, e.g. plumbing and electrical. HOURS OF LABOR Eight (8) hours laborconstrtutes a legal day's work. The Contractorshall lortert, as a penalty 10 the State of California, $25.00 for each worker employed in the execution 01 the contract by the Contraclor or any sullconllactor under him for each cilendar day during which such worker is required or permitted 10 work more lhan 8 hours in anyone calendar day and 40 hours in anyone calendar week in violation 01 the provisions of the Labor Code, and in particular Section 181010 1815 thereof, inclusive, excepllhat work perlormed by employees in excess 018 hours per day, and 40 haUlS during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half limes \he baslc rale 01 pay, as provided in Section 1815. EMPLOYMENT OF APPRENTICES Attention is directed 10 the provisions in Section 1m.5, 1777.6 and lm.7 01 the Labor Code CO/1C8fning the employment of apprentices by the Contractor or any sullcontractor under him. (Section 1m.5 shall nolapply to general contractolll or to contracts of specialty contractors nol bidding for work through a general or prime contractor, involving less than 20 working days or $30,000.) The Contractor and any Sltlconllactors under him shaU comply with 1he requirements 01 Sections 1777.6 and 1777.5 in the employment of apprentices. To insure compliance and complete Understancing of the law regarcing lI!lPf8lItices, and specifICally the required ratio thereunder, each contractor or subcontractor should, where some~ exists,conlact the State llivisIonofApprenIce8hip Standards, P. O. Box 603, San Francisco, California 94101, oroneofitsbranch offICeS, prior to commencement 01 worlc on ptillic works contacts. Compliance wMh Section lm.5lies with 1he prime contractor. WORKERS' COMPENSATlON The Contractor certifies that lI1e Contractor is aware of the provisions 01 Labor Code Sec1ion 3700 which requires every employer 10 be insure againslliabiity for workers' compensation or 10 undertake se!f~nsurance in acoordance with provisions 01 thaI code and agrees 10 comply wilh such provisions belore commencing the performance of Ihe work of lI1is contract ASSIGNMENT OF ANnmUST ACTIONS The Contraclors attention is directed 10 the following provisions of Government Code Sections 4551 and 4552 which shall be applicable to the Contractor and his subcontractors on public works contracts or to lhe bidder on conllaClS lor the purchase of goods, materials or services: "In entering into a public works contract or subconllact to supply goods, services, or malerials pursuant to a public works contract, II1&Contractor or subcontractor offers and agrees to assign \0 the awarding body all !!ghts, title, and interest in and to all causes 01 action il may have under Section 4 ot the Clayton Act (15 U.S.C.Sec.15) or under the Cartwright Act[Chapter 2 (commencing wrth Section 16700) of Part 2 of Division 7 of 1he Bustness and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or lhe subconlract. This assignment shall be made and become effective althe time the awarding body tenders final payment to the contractor without further acknowledgement by lhe parties." 'In submitting a bid to a public purchasing body, the bidder offers and agrees thallfthe bid is accepled, it will assign to the purchasing body all rights, tiUe, and interest in and to all causes of action it may have under Section 4 olthe Clayton Act (15 U.S. C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing wilh Section 16700) of Part 2 of Division 7 of the Business and Professions Codal, arising from purchases of goods, materials, or services by the bidder tor sale to the purchasing body pursuant to the bid. Such assignment shal be made and become effective at the time the purchasing body tenders final payment to the bidder." TRAVEL AND SUBSISTENCE PAYMENT Atlention is directed to lI1e requirements of Section 1773.8 of the Labor Code. The Contractor shall make travel and subsistence payments to each worker needed to execute the work in accordance with said requirement. BONDS If contract bonds are required, alterations, extensions of time, ex~a and additional work, and other authorized contracl changes may be made without securing consent 01 the sureties on said bonds. '. STAlEOPCAUFORNlA DRUG-FREE WORKPLACE CERTIFICATION (Per City of S Bdno RES NO 92-255 adopted 7/6/92) sm. 21 (NEW 11-90) FAILURE TO RETURN THIS COMPLETED FORM WITH CONTRACT DOCUMENTS WILL PREVENT FINAL EXECUTION OF CONTRACT. COMPANYIORGANIZAnON NAME City of San Bernardino Animal Shelter The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will: 1. 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). 2. 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 <;>f drug abuse in the workplace, (b) The person's or organization's 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. 3. Provide as required by Government Code Section 8355(c), that every employee 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. CERTIFICA nON I, the official named below, hereby swear that I am duly authorized legaIly to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OffiCIAL'S NAME W_ R. HOLCOMB DAlEEXECUlED EXECUTEDlN 1HE COUNIY OF "' :/ SAN BERNARDINO ;< FEDERALID. NUMBER i95-6000772 From and after the "Date Executed" and until , and at the election of the contractor or grantee, the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without the necessity of requiring the contractor or grantee to provide a new and individual certificate for each such contract or grant. If the contractor or grantee elects, as provided above, by filling in the blank date, then the terms and conditions of this certificate shall have the same force, meaning, effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency. "'" " . Contract No. 08Hl02 STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION ETHNIC GROUP AND SMALL BUSINESS QUESTIONNAIRE ADM-0362 (REV. 9/89) To The Contractor: We are required by the Department of General Services to furnish them with information pertaining to the Small Business and Procurement Act, Government Code 14835. Please complete the form below and return it with the contract: Sex and Ethnic Classification of Owner(s): Male Female Male Female Black American D D Filipino American D D Asian-Pacific American D D Asian-Indian American D D Hispanic American D D Caucasian/White D D Pacific Islander D D All Other D D American Indian/Alaskan Native D D Yes No Small Business: D D Yes No Non-Profit Organization D D D CON7RACTOR o CALTRANS o DrPT. OF GEN. SEA. D CONTROLLER D ADMIN. CMaintenace/Thompson STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Sheet ........... of 5 ................................ Co. ROUle P.M. ~IjUACE CHARGE EXPAUTH SPECIAL DESIGNATION GEHlEOlsue-ACCT SUB-JOBNO. AMOUNT ASeAL ENCUMBRANCE 01$1 JUNIT OIST IUNII , R/WPAACELHO 08JE" DEBIT OR CREOrT YEAR DOCUMEHT " NUMBER FUNDING: f LOCAnON i WORK ORDER NO. BRIDGE/IIO ETC. 08603 --- 501000 I 7079 $504.00 92/92 D STATE I o JOINT , D FEDERAL , ". CHAPTER STATUTES FISCAL YEAR 2660-001-042 1992 92/93 CONTRACT NO. 08H102 ............................. I 'Jereby certify upon my own personal knOWledge ,~t bud~t.d fundt.,.. .vel/able Thll number 10 be plact;d on all InvOJce, lor 'ne period and purpose of the expenditure .t.ted abOv. ):r.;HATURE OF ACCOUNTING OFFICER DAlE .~t:I.~li'fl.f'!~flJ~INQ. ...... ........ . CALIFORNIA, ~~~ t.C' p~~__ c.-2. .:)",- June 2, 1992 , Date ........................................ Contractor's Name . 9~y. .o.~ .~':I'l.~r;r:<;r;~~~<;. ~~~~. ~?:".l::.e.r......... Phone.. ?1.4!.3.~4.~~~~~...... (Pfeue b1R.. abowt Address... .3.3.3. .Ell.~~.~.139<;~!.~~.~~!1~:?i.r:c:.. .~A.. .~~~~~.............. ............... ..... Uc.... No. and CIau The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Depart- ment 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 peid 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 ofthe terms ofthis 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. The said Department of Transportation hereby agrees to the terms as setforth 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. o Exempt From DilPlrtmenl of Genei'll Servlcn Approval IN WITNESS WHEREOF, the parties to these presents have hereunto set their hand the year and date first above written. DEPARTMENT OF TRANSPORTA~ION ',(, r, 1- /\/\1 / . i i By IN._/,~A..~ \"-<~-'-~ [;'::J__ "1___/':....(.. f, . ........................................ Herberta M. Olive Assistant Contracts Officer (Per City of S Edna RES NO 92-255 adopted 7/6/92) CONTRACTOR CITY OF SAN BERNARDINO SHELTER ;I';':N~~: . . "7" ;(;.::;.; .... . . . '~';/' . . . . /?;;:: ?-/ ~ By/" . /: .,{?,'....;.. ......................... Approved by ~~ /) t:ltL..~-.J- ~~~i;l~~'n' '0: 's~~~r1' ;. . . . . . . . . . . District Contracts Officer .... !t... ~...lIP,I:C;q~.. .'!l!WIl-.. ?{~C}(?~........... 1M1. Of Po.lIlon Fed. 1.0. No.: 95-6000772 ............................................. Federall.D. Number DA8-QBM.128. (REV. 8/89) -"!lon, '","t"fT .. r......~md.!. _. r. IV lM~.. n ~:'. .-~,r.,,\ ,:":'i(r:G~:; :';~', 31 r.. ".~.. ......AA. ~".i ,:,''''-'':1. u..~ Contract Sheet -1- of 5 Contract No. 08HI02 ARTICLE I - DESCRIPTION OF WORK The city of San Bernardino shall provide the Department of Transportation with 14 keys to the animal she 1 ter, 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 ADMINISTRATOR The Contract Administrator for the State is Mr. Walt Thompson, telephone number 714/383-4427. ARTICLE III - PERIOD OF PERFORMANCE A. This contract shall begin on July 1, 1992 contingent upon approval by the State and shall terminate on June 30, 1993 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 $42.00, which shall include all animals taken to the Shelter. B. Total amount of this contract shall not exceed $504.00. 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 Administrator at the following address: Department of Transportation P.O. Box 231 San Bernardino, CA 92402 Attention Mr. Walt Thompson/Maintenance 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. Contract Sheet 2-.-. of 5 Contract No. 08HI02 ARTICLE V - PAYMENT (Continued) 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 Cont~ctor. the right to written notice ARTICLE VII - DISPUTES A. Any dispute concerning a question of fact ar1s1ng under this contract that is not disposed of by agreement shall be decided by the State's Contract Officer, who may con~ider 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. . . Contract Sheet ~ of 5 Contract No. 08H102 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 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 IX - MBE/WBE/DVBE PARTICIPATION GOALS In accordance with Public Contracts Code Section 10115 and the Military and Veterans Code, Section 999.2, it is not required to establish Minority Business Enterprise, Women Business Enterprise or Disabled Veterans Business Enterprise (MBEjWBEjDVBE) goals on contracts of $10,000 or less. Therefore, the goal for MBEjWBEjDVBE participation in this contract is zero. This fact is not intended to preclude or discourage the prime contractor from soliciting or using MBEjWBEjDVBEs in contracts of $10,000 or less. 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. ,.-~ '~ .sTATE OF CALIFORNIA-DEPARTMENT OF TRANSPORTATION "PREVAILlNG WAGES NOT REQUIRED ADM-1206 (New 11190) Contract Sheet 5 of 5 Contract No. 08Hl02 INSTRUCTIONS: Use in ALL of the following contracts not f8quiring prevailing wages: Minor 8 (PliJ/ic Worlcs), Right of Way C/earance/Demo/Won, Right of Way Property Management and Operated Highway EqujJment Rental Contracts, and Commercial Services, e.g_ plumbing and electrical. HOURS OF LABOR Eight (8) hours labor consthutes a legal day's work. The Contractor shalllorfett, as a penalty to the Stale of California, $25.00 for each worker employed in the execution of Ihe contract by the Contractor or any subconlractor under him tor each _dar day ooring which such worker is required or permitted to work more than 8 hours in anyone calendar day and 40 hours in anyone calendar week In 'IloIatlon of the prOl'islons of the Labor Code, and in particular Section 1810 to 1815 thereof, inclusive, except thai work performed by employees In excess 018 hours pel day, and 40 hours during anyone week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half tmes fle basic rate of pay, as provided in Section 1815. EMPLOYMENT OF APPRENTICES Anention is direcled to lhe provisions in Section 1m.5, 1777.6 and 1m.7 of the l.abor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. (Section 1 m.5 shall not apply 10 general conlrac1ors 0110 contracts 01 specialty contractors not bidding lor work through a general or prime contractor, involving less Ilan 20 working days or $30,000.) The Contractor and any subconlractors under him shaU comply with the requirements of Sections 1777.6 and 1777.5 in the employment of apprentices. To insure compliance and complete understancing of the taw regardng apprenlices, and specifICally the required ratio thereunder, each contractor or subcontractor should, where some queslion exists, contact theSIaIe llivIsion of Appren~StancWds, P. O. Box 603, San Francisco, California 941 01, or one of its brancl1 offices, prior 10 commenoement of work on ptblic works coniacls. Compliance wMh Section 1m.511as with the prime contractor. WORKERS'COMPENSATlON The Contractor certifieS that the Conlractor is aware of the provisions of labor Code Section 3700 which requires every employer to be insure againstliabiity lor workers' compensation or to undertake self-insurance in accordance with provisions of Ilal code and agrees to comply with sucl1 provisions belore commencing the perlormance of the work of this contract. ASSIGNMENT OF ANTITRUST ACTIONS The Contractor's attention is directed to the following provisions of Government Code Sections 4551 and 4552 which shall be applicable to the Contractor and h~ subcontractors on public works contracls or 10 the bidder on contracts fOlthe purchase of goods, materials 01 services: "In entering into a public works contract or subcontract to supply goods, services, or materials pursuant to a public works con~act, th&Contractor or subcontractor offers and agrees to assign to the awarding body all.whts, title, and inlerest in and to aU causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.Sec.15) or under the Cartwright Act (Chapt&r 2 (commencing wnh Section 16700) of Part 2 of Division 7 of the Business and Professions Code], arising from purchases of goods, services, or malerials pursuanl to the pubUc works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body lenders final payment to the contractor withoul further acknowledgement by the parties.' 'In submitling a bid to a public purchasing body, the bidder offers and agrees that il 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 ofthe Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 ofthe Business and Prolessions Code], arising from purchases 01 goods, malerials, or services by the bidder for sate to the purchasing body pursuant to the bid. Such assignmenl shaH be made and become ettective at the time the purcl1asing body lenders final payment to the bidder: TRAVEL AND SUBSISTENCE PAYMENT Anention is directed to the requirements of Section 1773.8 of the Labor Code. The Contractor shall make travel and subsistence payments to each worker needed to execute the work in accordance with said requirement. BONDS If contract bonds are required. alterations, extensions of time, extra and additional work, and other authorized contract changes may be made without securing consenl of the sureties on said bonds.