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Home My WebLink About1984-290 . ; 1 2 3 4 5 6 7 8 9 10 11 ]2 13 14 ]5 16 17 ]8 19 '\ 20 21 22 23 24 25 26 27 28 '7: RESOLUTION NO. 84-290 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 Director of Animal Control 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. 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 , 1984, by the following vote, the 6th day of l'..uqust to wit: AYES: Council Members ~eill, Hernan ez ,~ Quiel Frazier NAYS: None ABSENT: Council Members Castaneda st . , The foregoing resolution is hereby ?'/i; day of August , 1984. Bernardino Approved as to form: ~!:~ WHI~tt.-H EADQU ARTERS YELLOW-CONTRACTOR . GREEN-CONTROLLER PINK-DISTRICT OFFICE GOLDEN~OD-FIELDM.t.N MAfmmC~ Rflb'ElSE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION .1' 2 Sheet _hmmnm'm of 00......___00___..00'- _ __ Co. Route P.M. SOURCE CHARGE EXP. AUTH. SPECIAL DESIGNATION liEN.LlED. Ul-ACCT. WJo( SU"'JOB NO.-R/w PAlte:EL NO. OBJECT '"- WORK ORDER NO. IlL"" LOCATION BRIDGE: NO. ETC. AMOUNT DEBIT OR CREDIT FISCAL YEAR .W uo zo wu ENCUMBRANCE DOCUMENT HUMBER .,ST. UNIT OIST. UNIT 08 603 ------- 52 011 707 ,'300 00 85 FISCAL YEAR 1984-85 COMMERCIAL SERVICE CONTRACT NO. oar.?5n This nl.lTlber to be placed on all bills I herebJ/ certifJl upon m1l own. .personal knowled'fe that budll.eted funds are avcnlabl. for thellenod and purpose 0 the eqendlture stated Gbove. Contractor's Name . . . !i~n .~E!~f)~:rIi~flP. . . . . . . . . . . CALIFORNIA. , . . . il!-lnE! .~~ . . . . . . . . . . .'. . . . . . . . . . 19 PA . . City of 5an Bernardino 383-5385 . . ./ltteoUpn.:. .A.ni.llld. Cootx'pJ.. .Q1uQtor.. . . . . Phone .7:11J/.3.al...S048. . . (Please bill as above) , ' , Address ~PP. .N.o.~1;t) . '~Q~' . ~~:r:.e.e.~,. .~~I') . ~!3rfl!!}:'.d.i.l1q" .l;~. . ~;ZM.B. . . . . .. . . . . Llcen....N.,: 8nd Clue' ( The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Department or Transporta- ti()ll in accordance with the provisions on BOTH SIDES of this form and on the attached sheets. if any. and he agrees to receive and accept as full compensation therefor the prices named herein: Provide the Department of Transportation access to the City of San Bernardino animal shelter, located at 333 Blood Benk Road, San Bernardino, CA, for disposal of animal carcasses removed from California State Highways in the San Bernardino area, in accordance w!1:h the Contract Provisions attaohed hereto and made a part of this contract. RATE PER MONTH. ----------------______ TOTAL EXPENDITURES SHALL NOT EXCEED. ErrECTIVE DATE or CONTRACT. ---_______ EXPIRATION DATE or CONTRACT. _________ ~p~;'w.a. AiCOM.-.t:I,OE": S25.00 ~ I-r::::::> 1300.00 - 0-.... -J jr ""a. ....~ July 1, 1984 ~ June 30, 1985 .. ,0 Payment will be made querterly, in. arrears, upon J:eceipt of invoices t <. \ submitted in triplicate. .' ~ ...0 .a -;: In order to expedite payment, invoioe letterhead (printed or stamped) ...~ should read the same as the name on the contract. ... '. :~ .- ... .... .. i! The sald Department of Transportation hereby agrees to the terms as above set forth, and hereby agrees to pay the same, provided that by mutual consent this agreement may be modified and that the State reserves tbe 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 TRANSPORTATION CONTRACTOR By H'e'r'tlerta 'M" D':!.Ve.................. ~~lf:rl;6~~~8E~SlR~l~8ij.............. Assistant 6istr1ct Contracts Officer By.............................,..... . Approved by Atlgel~' 'M; 'Hall' . .. .. . . .. . .. . . . . . . . . . . .. . . . . . . . .. , . . . . . . . .. . Contracts/Support Services Officer TltiB'; pO$liloo . MAIL BILLS IN TRIPLICATE TO: DAs.-08t.t-1284 (REV. 10/80) EXall..IIJ A ; " . , . A.-The Contradtor 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 In the wo~k, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shallat'ali'llr\llis 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 tribunals having any Jurisdiction or authority over the work; and shall protect and Indemnify the State of California, and all officers and employees thereof connected with the work, InClUding I;lut not IimltE1d tp the Director of Transportation and staff, against any claim or liability arising froni-or based on the violation of finy such law, ordinance, regu)allon;order, or-deer-ee,-whetl'ier by himself or his employees. If any discrepancy or Inconsistency Is discovered In this contract In relation to any such law, ordinance, regulation, order or decree the Contractor shall forthwith report the same to the State in writing. -:: ,Jj ~ J 'I: .'.' ( ---':,,~ :, B.-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. ~rrJ:.>'!:::::n':Cl" II",' C.-The Contractor shall Indemnify the State against all loss and damage to the Contractor's property or equipment during its use under this cOntracland he shall at his own expense maintain such fire. theft, liability orot!!er Insurance as he deems necessary for his prClt~ctIQl\. T~eContractor'1lssl\mes'1ll1 responsibility which ~ maYb&lrilPosEl~bY law for property.damalil,ll or per.~onal Jfiilirie! Callfllld by-defective: equipment furnished under . ilirs'coiiiracfor l)y operations of thti i)bi1tf8ctor or fi'lij'i!mployees un'der tli/s contract., D.-The cost of employer paymilrlls to 6r'on ~ehSlf ofe/l1Jlloyelfs;'sub,lstence, travel, 'comp8l1$iitlorilrisurance 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. E.- It Is expressly agreed that all persons engaged on this work are employees of the Contractor and that none are emp/oye.elf;Q{ th~D.@a!'tm,entof Tl:anspnrtation,cif.the' State:ofClIlrfofnla. c' r I ~i ":;" L~~ ~ r:;' "'. J 'j v::" Ii?:" t.~~.::;c:': ;'n:j - ~'L.......':. ..~i.~:., 7' .~:c::-cl t::':.l~r:c I',-[-lrJ'-' ...".1:.:-::.:'1.':':1- F.-The ContractQ1cWarrallts;..bY'8l!eClltIQn. of:tl:1is conlract; that l'io.peCsonor se1l1ng:agen<q' has ~eenlemployed or retal~d to sp!J,?ltor 8:8qurl/ !/1l8"<<<ontrIlQJul!Onr~n~grellment or ,undllrsjJnding for a commls810nd)e.~entalle, : brokerage, . .or, ~p~tlngllntf.ee. exqepti':'lI. bo~na fide. emplqy!,es~'OrJ)ol)lI.fl~ljl ,sli!~lIshljl~ cO.fll",erplal'9f:Se,lIi.nll.' C' lIgencles malntaln'ad by tlie Contractor for the purpose of securing business. For breach or violation of ttlls waf- ,c ........ rav'!y the ~tato s/l~1I hall.El,tl]e right to annul this contract without liability, paying o~ly for the value' oi the work' ,. -- .ct12ajry)Settbitned;'ti'r In its discretion, to decjuctfrom the contract price or conslderlltlon, or Qtherwlae recover"the .' _.--,-~II, ~~~u_nt of.s_~ch ~~mlnl~~~,~' percentag~, bro,keragii?rco~liigenUe-e:-=J--n_-. '~I," ':. :;, J" ~... T , G.-Pursuant to the authority cont~l~~d lniSectibn'5ln offhii VelilClii Code: tris be~l1.;jenJ ~Js ciet;ri;in1,ij ;';1I = within such areas as are within the limits of the project II:I1ltlIrEr OpElh 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.rlecesssliy precautiOnsfor'Bllfe operatlorrof htnqulpment and the protection of the'traverldgpubllc'fr6tn Injury and damage from such equipment. . . : ,- ~ 1 I; 1,:;' i,,' '1 c' LJ ~ "In entering Into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding 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 Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Codel, arising from purChases of goods, services, or materiala pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the]llfl)ethll awarding bo4Y IllrycteJs final payment to the Contractor, without further acknowl- edgement;bylhe'pai1les.'l .r T ,-=- J' - ~ ., r ',~"_ _ ,,_ ," ..~,... . ...........-,.-..... .....;.:-:~nr:-..'...r.'l...':;":'l..:";n'.. _I...,L" -.... _.',_ ~..;.._"... v .,..'~ . "In submitting a bid to a public purchasing body, the bidder offers anl1 agrees that If the bid Is accepted, it will assign to the purchasing body all rights, title, andJnterest in and to all causes of action It may have under Section 4 ofthe Clayton Act (15 U.S.C. Sec. 15) or u!'lder the CartWtlllht ~cllChapter 2'(9ommenclng with Section 16700) of Part 2 of Division 7 tltfhi BuslnellAa.llct ~rofe$slons Codel, artlllngfrom purchases ''Of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder:' ' .. .. ~... - .. ... ~ ",f>' Ct- ... ,........ -"Q ... ':'.~ .;); .,. "-'liP "'''' ~,. .1Irij;14" "- -. :;-: ....; ~.~ :A:'~ H.:ASSIGNMENIOF ANT.1'lRUSj ACTIONS;.Thll' l!:ontraetor's atl8!llion Is directed to the following 'PrOvl$lons: I of Government Code Sections 4551.W.4952. (Stet$..' 1976, Ch. 414) ,which shall be applicable' to'thll'Cor\tl'irctor ' and his subcontractors on public works contracts orto the bidder on contracts for the purchase of goods, materials or services: ( '. QIP