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HomeMy WebLinkAbout1990-220 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11111 RESOLUTION NO. 90-220 RESOLUTION OF THE CITY OF SAN EXECUTION OF AN AGREEMENT WITH DEPARTMENT OF TRANSPORTATION FOR CARCASSES FROM STATE HIGHWAYS IN THE BERNARDINO AUTHORIZING THE THE STATE OF CALIFORNIA THE DISPOSAL OF ANIMAL 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 The authorization to execute the above- referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution.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 regular meeting thereof, held on the June , 1990, by the following vote, to wit: 18th day of 26 II II I 27 I I I I I 2811111 05/31/90 . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. council Members: NAYS ABSTAIN AYES ESTRADA x REILLY x FLORES x MAUDSLEY ----1L- MINOR ----1L- POPE-LUDLAM ----1L- MILLER ----2L- ~4#H'//~d?/ / CITY CLERK The foregoing resolution is hereby approved this ~/~~ day of June , 1990. ~ Approved as to form and legal content: JAMES F. PENMAN City Attorney f' J By: ~~? r~t/h'-6'1, ( 05/31/90 -2- .0 CONTRACTOR o CAL TRANS o DEPT. OF GEN. SfR. o CONTR0LLER o ADMIN. ~aintenance/Thompson STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Sheet .....~..... of ...L... ................................ Co. Route P.M. 10 ;/;JO SOURCE CHARGE eXP.AUTll. SPEClALOESl6NATlON GENUD ISUB-ACel SUB-JOBNO. AMOUNT FISCAL ENCUMBRANCE OIST jUNIT 015T jUNIT " RIW PARCEL NO. OBJECT DESfTOR CAEOIT YEAR DOCUME~ ~ NUMBER FUNDING: WORK ORDER NO. LOCATION BRIDGE NO. ETC. 08603 ---- 501000 I 7079 $420.00 90/91 ~~e:q+1 o STATE I o JOINT I o FEDERAL IITM CHAPTER STATUTES FISCAL YEAR 2660-001-042 1990 90/91 08E944 CONTRACT NO. ............................. I hereby certify upon my own personal knowledge that budgeted funds are available This number to be placed on all invoices lor the period and purpose o( the expenditure stated above. SIG~.ATURE OF ACCOUNTING OFFICER DAIT .~~~.E;!~R.f\!~RJ~IN9............... ,CALIFORNIA, ~ to /L 5- ~~')o r ! Date ... .t-)~y .-1-7,. ~~~9........................ Contractor's Name . S:~,t;!. ?f. .~c:r: .~~JOr;"!~c:.~r:'?J;.r:~~~. ?!'1:'.1.t:'.r......... Phone . 7.1.4!.3.~~-:~~~~....... (Please bill as above) Address ~~~. !3.l?~ .~":~ .~C?"!c:.( .~~.?~~r:~~?~P?!.~!'.. .9.~~~~..................................... 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 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 contractshall 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 thatthe 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 ~ TRANSPORTATION CONTRACTOR BY/Jf'J!UJtAro.f!~.l:uu. .k........... .c;r:l:X .Qr: .~,;..':l.l;lJ;:~N'Pn-J9. fIN.r.t-1l\4 .:'i~n:~...... Herberta . Olive T""'" - FlrmName . Assistan Contracts Officer By ..J~.dJ:...; . . . . . .. ... ... '----:1/ -- n~.....<;:i,tll.l\4I(l:j.J;l:j.H.at ...................... Approvedby .~..~............ Tille or POllltlon Kathleen D. Sansone . . . .. 95~6000772.... ..... . . . . . .. .... . . . .. . . . . . Distrlct Contracts Officer Federall.D. NumberO'-n<<>rtm....... f T ',.- ..... 0 rlll1epart6tkm /<Ioat Offlce loll 231 ~ ~-u.CIiII. N'N DA5-0BM.1284 (REV. 61B9) A. The Contractor shall keep himself fully informed of all existing and future State and Federal laws and county and municipal ordinances and regulations which in any manner affect those engaged or employed inthework,orthe bodies ortribunals having any jurisdiction orauthorityoverthesame. Heshall at all times observe and comply with, and shall cause all his agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunais having any jurisdiction or authority over the work. If any discrepancy or inconsistency is discovered in this con- tract in relation to any such law, ordinance, regulation, order or decree the Contractor shall forthwith report the same to the State in writing. B. The Contractor agrees to indemnity, defend and save harmless the State, its officers, agents and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontrac- tors, materialmen, laborers and any other person, firm or corporation furnishing or supplying work, ser- vices, materials or supplies in connection with the performance of this contract, and from any and all claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the Contractor in the performance of this contract. C. 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. D. The Contractorshall indemnify the State against all loss and damage to the Contracto(s property orequip- ment during its use under this contract and he shall at his own expense maintain such fire, theft, liability or other insurance as he deems necessary for his protection. The Contractor assumes all responsibility which may be imposed by law for property damage orpersonal injuries caused by defective equipmentfur- nished under this contract or by operations of the Contractor or his employees under this contract. E. The cost of employer payments to oron behalf of employees, subsistence, travel, compensation insurance premiums, unemployment contributions, social security taxes, contract bond premiums, and any other taxes or assessments 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. F. The Contractor, and the agents and employees of Contractor, in the performance ofthis agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. G. The Contractor warrants, by execution of this contract that no person or selling agency has been employed or retained to solicit orsecure this contract upon an agreement or understanding for a commis- sion, 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 orviolation of this warranty the State shall have the right to annul this contract without liability, pay- ing onlyforthe value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or con- tingent fee. H. Pursuant to the authority contained in Section 591 ofthe Vehicle Code, the Department has determined 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 requirementssetfcrth 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 I. The State may terminate this agreement and be relieved of the payment of any consideration to Contrac- tor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any man nerdeemed pro- per by the State. The cost to the State shall be deducted from any sum due the Contractor under this agree- ment, 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 con- tempt of court by a federal court has been issued against him within the immediately preceding two-year period because of the Contracto(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) Contract Sheet ~ of ~ Contract No. 08E944 ARTICLE I - STATEMENT/SCOPE OF WORK A. city shall provide the Department of Transportation 14 keys to the animal shelter, which State forces will use to dispose of animal carcasses. City shall take possession of animal carcasses removed by State forces from State highways. ARTICLE II - GENERAL The Contractor's performance required to complete the work under this contract will be evaluated and reported to the Department of General Services Legal Office. ARTICLE III - PERIOD OF PERFORMANCE A. This contract shall begin on July 1, 1990 contingent upon approval by the State and shall terminate on June 30, 1991 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 - CONTRACT ADMINISTRATOR The Contract Administrator for the State is Mr. Walt Thompson, telephone number 714/383-4427. ARTICLE V - RATE/COST LIMITATION A. Rate per month is $35.00, which shall include all animals. B. Total amount of this contract shall not exceed $420.00. ARTICLE VI - PAYMENT A. Payment shall be made quarterly, in arrears, upon receipt of signed invoices submitted in triplicate. B. Invoices should reference the Contract number and mailed at the following address: Department of Transportation P.O. Box 231 San Bernardino, CA 92402 Attention: Mr. Walt Thompson I , Contract Sheet ~ of 4 Contract No. 08E944 ARTICLE VI - PAYMENT (Continued) C. 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. D. 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. E. 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. F. 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 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 I 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 q~estions 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 VII - NONDISCRIMINATION A. During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, mental condition, marital status, age (over 40) or sex. Contract Sheet ~ of 4 Contract No. 08E944 ARTICLE VII - NONDISCRIMINATION (Continued) 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 Administrative code, 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 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 nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. . STATE OF CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF TRANSPORTATION DISTRICT 8, P.O. BOX 231 SAN BERNARDINO, CA 92402 TDD (714) 383-4609 (714) 383-4227 @'''' ;~',:',', '''T,:_ 'y''. -o;-!:&_ ..,. , , ......,. Contract NO.08E944 July 2, 1990 City of San Bernardino Animal Shelter 333 Blood Bank. Road San Bernardino, CA 92408 Gentlemen: Attached is your approved copy of the contract covering the service specified. This copy is for your files. Payment on invoices offering cash discounts are processed by our local office, thereby reducing the time normally required for payment. If your company offers a cash discount, please indicate it on your invoices when submitting them for payment. Very truly yours, '-1~ .sJ ~ KATHLEEN D. SANSONE District Contracts Officer Attachments KDS/lp Form 8-A75 (Revised 3/89)