HomeMy WebLinkAbout1991-224
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RESOLUTION NO. 91-224
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 City Administrator 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 highways in the San Bernardino
area, a copy of which is attached hereto, marked Exhibit "A"
and incorporated herein by reference as fully as though set
forth at length.
SECTION 2. The authorization to execute the above
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held
regular
on the
day of
, 1991, by the
17th
June
following vote, to wit:
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA
2 DEPARTMENT OF TRANSPORTATION FOR THE DISPOSAL OF ANIMAL
CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA.
Council Members:
NAYS
ABSTAIN ABSENT
AYES
ESTRADA x
REILLY x
HERNANDEZ x
MAUDSLEY x
MINOR x
POPE-LUDLAM x
MILLER x
/~ ~
(/~~
CITY
The foregoing resolution is hereby
approved this
19th
day of
June
, 1991.
-L~~EMPORE
city of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City a:ztorney
By: z /J.<-.7? ~~
V
2
STATE OF CALIFORNIA
o CONTRACTOR
o CALTRANS Res. 91-224
o DEPT. OF GEN. SER.
o CONTROLLE'R
o ADMIN.
~intenance/W. Thompson
. DEPARTMENT OF
TRANSPORTATION
EXP.AUTH. SPECIAL DESIGNATION
SUB-JOBHO. AMOUNT FISCAL ENCUNBfWlCE
~ A/W PARCEL NO. OBJECT DE8IT OR CREDIT YEA' DOCUMENT
NUMSER FUNDING:
if LDCATlOH
8RIDGENO.ETC
5D1000 7079 $504.00 91/92 /V/4 ~ STATE
o JOINT
o FEDERAL
CHAPTE' STATUTES FlSCAlVEAR
467 1990 90/91
DlST
08603
IrE"
2660-001-042
I hereby certify upon my own persona' knowledge 'hat budgeted fundi .1'8 8va/labl.
for tM period and purpose of the expenditure stated abova
CONTRACT NO.
Sheet ......1..... of ...8......
c;"" ......... A~~""""" . 'P.M.
08G443
Thll number to be placed on all Invoices
.ql!t:l.~~RN~R.QIN9............... . CALIFORNIA,
Date... .A.P.r:i.~ .~~( .l~~)......................
Contracto(s Name... ~.i~y. ~.f, .~B;I"\ .~r:l"!~r;(gr:'? .~r:~I!':L ~~~:~~F....... Phone.. ?:~(.3.8.4.-.5.o.4.8.......
(ptea.. bill.. abcwe)
Address .. ;W. !3.1~~. .~~ .~<1~q~ .s>~r:. .~rr:~rslJp?l. ~!'.. .9.2.~Q~..................................
License No. and Class
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 paid Contractor, as provided herein, shall be in
compensation for all of Contracto(s expenses incurred in the performance
hereof. including travel and per diem, unless otherwise expressly so
provided.
No alteration or variation of the 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
Department of General Services Approval
IN WITNESS WHEREOF. the parties to these presents have hereunto set their hand the year and date first
above written.
DEPARTMENT OF TRANSPORTATION
'/. _, 7 -,/ .1
By '~~~~:~~'cii~~.\0Z..:~~-<..ft1....
Assistant Contracts Officer
Approvedpt .~.M.~
.~~Kathleen D. Sansone
District Contracts Officer
DA&OBM-12804 (REV. fl/89)
CONTRACTOR
CITY OF SAN BERNARDINO ANIMAL SHELTER
.............................................
Firm Heme
~+/ ".'/,7'///'''';1/'" / JUN 2" '. .
By .~~<~. ~ t'-tr....~+l-{.("/ .,:t~<<................. ...
City Administrator, City of San Bernardino
Title or PQlltlon
.............................................
.............................................
Federal 1.0. Numf:.l.".-.~ ,,,....,""'~.. c', '" .,c " '..
;;:-~~~~:;'.:"":f~i{~
-.- - L.QI& ~ _
. .
Contract Sheet ~ of 8
Contract No. 08G443
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 Thomoson,
telephone number 714/383-4427.
ARTICLE III - PERIOD OF PERFORMANCE
A. This contract shall begin on Julv 1. 1991 contingent upon
approval by the State and shall terminate on June 30. 1992
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 L of 8
Contract No. 08G443
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 3D-day
cancellation clause or to amend the contract to reflect any
reduction of funds.
ARTICLE VI - COST PRINCIPLES
A. The Contractor agrees that the Contract Cost Principles and
Procedures, CFR 48, Federal Acquisition Regulations System,
Chapter 1, Part 31, shall be used to determine the
allowability of individual items of Cost.
B. The Contractor also agrees to comply with Federal procedures
in accordance with 49 CFR, Part 18, Uniform Administration
Requirements for Grants-in-Aid to State and Local Governments.
ARTICLE VII - 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 the right to
terminate this agreement upon thirty (30) days written notice
to the Contractor.
. ,
Contract Sheet L of 8
Contract No. 08G443
ARTICLE VIII - 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 IX - 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
seg.) and the applicable regulations promulgated thereunder
(California Administrative Code, Title 2, Section 7285.0 et
seg.). 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 Administrative Code are incorporated into this
contract by reference and made a part hereof as if set forth
in full. Contractor and its subcontractors shall give written
notice of their obligations under this clause to labor
organizations with which they have a collective bargaining or
other agreement.
B.
This contractor shall include the
compliance provisions of this clause
perform work under the contract.
nondiscrimination and
in all subcontracts to
ARTICLE X - MBE/WBE PARTICIPATION GOALS
In accordance with Public Contract Code Section 10115, it is
not required that Minority Business Enterprise and Women
Business Enterprise (MBE/WBE) participation goals be
established on contracts of $10,000 or less. Therefore, the
goal for MBE/WBE participation in this contract is zero. This
fact is not intended to preclude or discourage the prime
contractor from soliciting or using MBE/WBEs in contracts of
$10,000 or less.
. '
Contract Sheet ~ of ~
Contract No. 08G443
ARTICLE XI - DRUG-FREE WORKPLACE CERTIFICATION
A. 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:
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 of 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
company's statement as a
employment on the contract or
terms of
condition
grant.
the
of
B. 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.
C. Contractor's attention is directed to Form STD. 21 which must be
completed and returned with the signed contract. Failure to
return the completed form will prevent final execution of
contract.
...q..,...,'".~...
Sta~.of~WOl'liI.'D_r_ of Tronoportation
.._..AYT.nlQ WMB8 m'1' RBQUDUID
AO'H2Q6 (New 9/90) poge I of 2
,',. J., '
Contract Sheet 6 of 8
Contract No. 08G443
Instructions: Us. in !bL of the following contrlcts not requlrlng prav.iling wag..: Minor B (Public WorKs), Right of WIY
Clearance/DemoLition, Right of Way Property Management and Operlted Highway Equipment Rental Contracts.
Hours of Labor
Eight (8) hours labor constitutes a legal day'S work. The Contractor shall forfeit, IS . penalty to the State of California,
$25.00 for each worleer eqJLoyed in the execution of the contract by the Contractor or any subcontractor LrCer hill for each
calendar day during which such worker ;s required or permitted to work more than 8 hour. in any one calendar day and 40 hours
in any one calendar week in violation of the provi.ions of the labor Code, and in particular Section 1810 to 1815 thereof,
incLusive, except thlt work performed by eI71'loyeee in exc... of 8 hour. per day, and 40 hour. during any OIW week, shall be
permitted upon cOII'~r<ion for III hOUri worked in exc... of 8 hour. per day It not le.. than one end one-nllf times tne
basic rate of pay, IS provided in Section 1815.
EopIO'flO!l1t of """'entices
Attention is directed ta the prov1s1ons in Section 1777.5, 1777.6 and 1777.7 of the Labor Code concerning tfte employment of
apprentices by the Contractor or Iny subcontractor under him. (Section 1777.5 shall not apply to general contractor. or to
contracts of specialty contractors not bidding for work through a general or prime contractor, involving less
than 20 working days or S30,OOO.)
The Contractor and any subcontractors under him shill comply with the requirements of Sections 1777.6 and 1777.5
in the employment of acprentices.
To insure compliance and complete understanding of the law reglrding 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 603, San Francisco, California 94101, or one of its branch offices, prior to commence.ent of work on
public works contracts. Compliance with Section. 1777.5 lies with the prime contractor.
\larkers' C~tion
The Contractor cert if i ~ that the Contractor is aware of the provi s i ons of Labor Code Sect i on 3700 wh;eh requi res every ~l oyer to
be insure against liability for workers' compensation or to undertake self-insurance in accordance with prawisions of that
code and agrees to comgly with such provisions before commencing the performance of the work of this contract.
Assigrwent of Antitnat Actiona
The Contractor I 5 atunti on is di rected to the foll owi ng prov1S' ons of Government Code Sect ions 4551 and 4552
~hich shall be applicable to the Contr'ctor and his subcontractors on public works contracts or to the bidder on
contracts for the purcnase of goods, materials or services:
Stoto of CillfOf"lo'Dopor~t of'T'onIpc,totion
P_"AZLDIG DGB8 mor ItBQ1JJ:JlBD
ADM-1206 (NOW 9/90) P_ 2 of 2
Contract Sheet 7 of 8
Contract No. 08G443
"tn entering into a pill Ie work. contract or subcontract to supply goods: services, or materials pursuant to . publ ic works
contract,. the Contractor or ~ubcontractor offers and agrees to assign to the awarding body all rights, title, and interest in
and to all causes of action it may have lSder Section 4 of the Clayton Act (15 U.S.C.Sec.15) or II'lder the Cartwdght Act
[Chapter 2 (commencing with Section 16700)' of Part 2 of Division 7 of the Business and Profeslions Codel, arising from
purchases of goods, 'services, or materi.ls pursuant to the public works contract or the subcontract. This
assignment shall be made and become effective It the time the awarding body tenders finll payment to the
contractor without further acknowledgement by the parties."
Illn submitting a bid to . public purchasing body, the bidder otfers 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) 0' undo, the Ca'tw,ight Act [Chapter 2 (commencing with Section 16700) of Po,t 2 of Division 7 of the
Business and Professions Codel, arising from purchases of goods, materials, or services by the bidder for sale to the
purchasing body pursuant to the bid. Such assignnent shall be made and become effective at the time the purChasing body
tenders final paymef1t to the bidder.I'
Travel and Subsistence Pa~t
Attention 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.
90nds
If contract bonds are required, alterations, extensions of time, extra and additional work, and other authorized
contract changes may be made without securing consent of the sureties on Slid bonds.
SC90
. STATE OF C.A.lFORNIA
.DRUG-FREE WORKPLACE CERTIFICATION
.sTD. 21 (NEW T loge))
Co..WRACT SHEEr 3 OF d
CCNl'RACT NO. udG443
Res. 91-224
FAILURE TO RETURN 'FriIS COMPLE.'I'ED FORM WITH CCNl'RACT
OCCUMENTS WILL PREVENT FINAL EXECUTICN OF CCNTRACT.
COMPANYtOAGANlZA lION NAME
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, dbtribution, 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 ~ Drug-Free Awareness Program as required by Government Code Section 8355(b), to
inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The 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.
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or
grant recipient to the above descFit>eif certification. I am fully aware that this certification, executed on
the date and in the county~ ,is magc:., der penalty of perjury under the laws of the State of
C I. /7. .
a . 7// /
. './ /./ I .-/ ~ .
. d ,"-~
L'S ME
EXECUTED IN THE COUNTY OF
San Bernardino
DATE EXECUTED
July II, 1991
CONTRACTOR Of GRANT RECIPIENT SIGNATURE
TITLE
Mayor, City of San Bernardino
FEDERAL 1.0. NUUBER