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HomeMy WebLinkAbout1983-138 / 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 NO. 83-13fL- 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 Mayor 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 Transportatio 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 an adjourned reqular meeting thereof, held on the 23rd day of May , 1983, by the following vote, to wit: AYES: Council Members Hp,...n~nnj::lo7. . Castaneda. Rejlly. Marks, Quiel, Hobbs, strickler NAYS: None ABSENT: None -4fr:?.al3?~a0 / City Clerk of The foregoing resolution day ~lay , 1983. Approved as to form: ~~-~..$? City ~torney . WHITE-HEADQUARTERS - Y~LLOW-CONTRACTOR ~REEN-CONTROLLER PINK-DISTRICT OFFICE GOLOENROD-FIELDM AN t T IDEfIM STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Sheet n_~L._m' of n._..h.Zu.....m. Co. Route> P.M. sou RC E CHARGE EXP. AUTH. SPECIAL DESIGNATION UNIT GEN.lED. SlJ.8-ACCT. W", SUB-JOB NO.-R/WPAl!:CEL NO. OBJECT ~- WORK ORDER NO. CLlL. LOCATION BRIDGE NO. ETC. AMOUNT DEBIT OR CREDIT FISCAL YEAR .W uo zo wu ENCUMBRANCE DOCUMENT NUMBER o 504 012 779 $300 00 84 IT.EM CHAPTER STATUTES Fl SCAl YEAR 1983 1983-84 COMMERCIAL SERVICE CONTRACT NO. B-8858 This number to be placed on all bi lis I hereby certif)/upon my own personal knowledfle that budgeted funds are ava?lable for the period and purp 0 s,P of--t.hee:z:penditure stated above. / DATE ...... .~~~. ~!3~!1.a.r.c!~!'!C!....... CALIFORNIA. Contractor's Name . . . . . . .~p.,:~~. !~. . . . . . . . . . ... . . . , 19 .f!~ . . City of San'Bernardino. . .l!tte(lj;ip11.:. .A.n:lrual. ContrAl .Director........ Phone :7.14/383-5046.... (please bi II as above) Address. .3.qq .~C!,:tr. ~IP.". .S.t;~!!!!h .~?f1. .B.e.r.'1l:!r:cj~1)9.. ~f\.. .9.441.C!...................... .' License No. and Class ( The Contractor herehy agrees to furnish the service or rental as hereinafter set forth to the Department of Transporta- tion 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 Bank Road, San Bernardino, CA, for disposal of animal carcasses removed from California State Highways in the San Bernardino area, in accordance with the Contract Provisions attached hereto and made a part of this contract. .. RATE PER MONTH: ---------~-------_--- $25.00 TOTAL EXPENDITURES SHALL NOT EXCEED: $300.00 EFFECTIVE DATE OF CONTRACT: July 1, 1983 EXPIRATION DATE OF CONTRACT: June 30, 1984 Payment will be made quarterly, in arrears, upon receipt of invoices submitted in duplicate. In order to expedite payment, invoice letterhead (printed or stamped) should read the same as the name on the contract. o ~s... :o.>Gl Qlo frI .... A.... l>>~ *" fIl 't:l+> 11)0 I" oJ 11)...1-0 ....... ;. r: 4> 0 II: () ~OVALRECOM~ENDED , nk] ~l'.U" , . The said Department of Transportation hereby agrees to the terms as above set forth, and herehy agrees to pay the same. provided that hy mutual consent this agreement may be modified and that the State reserves the right to terminate this agreement upon written notice to the Contractor. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hand theyear and date first above written. \ , DEPARTMENT OF TRANSPORTATION CONTRACTOR CITY OF SAN BERNARDINO BY,H . '0 . . t. . M' . 0'1'" . . . . . . . . . . . . . . . . . . . . ANIMAL. CO NrROL .DIRf:CTO R. . . . . . . . . . . . . . er et" a A.. J.ye Firm Name AssJ.stant uJ.strJ.ct Contracts Officer By.................. .... .............. ( Approved by Ah'g'eTa' 'M: 'Ffa11' . .. .. . . .. . .. . . . . . .. . . . .. . . . . .. . . . . . . . . . .. 'T'. . .. P . ..: . Contracts/Support Services 0 fficer .lIe or OS.t,on . MAIL BILLS IN TRIPLICATE TO: DAS-OB~ 1284 {REV. la/BOI EXHIBIT A , . . I ~ . A.-The Cantractar shall keep himself fully infarmed af all existing and future State and Federal laws and caunty and municipal ardinances and regulatians which in any manner affect thase engaged ar em played in the wark, ar the materials used in the wark, ar which in any way affect the canduct af the wark, and af all such arders and decrees af badies ar tribunals having any jurisdictian ar autharity aver the same. He shall at all times abserve and camply with, and shall cause all his agents and emplayees to. abserve and camply with all such existing and future laws, ardinances, regulatians, arders, and decrees af badies ar tribunals having any jurisdictian ar autharity aver the wark; and shall pratect and indemnify the State af Califarnia, and all afficers and emplayees thereaf cannected with the wark, including but nat limited to. the Directar af Transpartatian and staff, against any claim ar liability arising fram ar based an the vialatian af any such law, ardinance, regulatian, arder, ol'-decree,whether by himself ar his emplayees. If any discrepancy ar incansistency is discavered in this cantract in relatian to. any such law, ardinance, regulatian, arder ar decree the Cantractar shall farthwith repart the same to. the State in writing. ( , '- ~,' -', . :.. j B.-The mentianing af certain statutes in this cantract shall nat relieve the Cantractar fram the respanslbility af camplying with any ather statutes applicable to. the service ar rental to. be furnished hereunder. , - _~. I '- " ': i~ : i"'_ C.-The Cantractar shall indemnify the State against all lass and damage to. the Cantracta~s praperty ar . equipment during its use under;"!hi!; ,cantract and he shall at his awn expense maintain such fire, theft, liability ar ather Insurance as he deems necessary far his pratectian. 1he. Cantractar assumes all 'respansibility which may be Imposed by law far praperty da.mag~ a~p~rsanal)l)juries caused by d~fective equipment furnished under this contract ar by aperatians af the Contractaror his employees undet'this'canfracl. .' D.-The cast af emplayer payments to. or 'In behalf af emplayees, s4bsistence, travel, carTl'pensatianinsurance premiums, unemplayment cantributians, sacial security taxes, cantract band premiums, and any ather taxes ar assessments INCLUDING SALES TAXES required by law ar atherwise shall be included in the price bid and no. additianal allawance will be made therefar, unless separate payment pravisian shauld speCifically be pravided far. E.- It is expressly agreed that all persans engaged an this wark are emplayees af the Cantractar and that nane are emplayees af the Departmentaf Tra.n::-s~artatian af,the State af,Calif,a!nia. - .. .'". .',.. r 'I _: - '-, -. ~ , ., r ~ - , F.-The Cantractar'warrants,b}rex~ctitiari.9f thIs cai1lract, that no per~an or ~elling agency has beEln em played ar retained to. solicit ar s,ecure this cantractupan an agreement Or understanding far a c6mmissial),'percentage, brakerage, Of contingen't fee, excepting bona fide emplaye~sar bana .fide established cammercial ar selling agencies maintained by the Cantractar far Ihe'purpase afsecuring buslrtess. For breach or vialatian ofthis,w'r- ranty the State shall have the right to. annul this cantract with aut liability, paying anly far.the value afthe wark actually perfarmed, ar In its discretian, to. deduct fram the cantract price ar cansideratian, ar atherwise recaver, the full am aunt af such cbmmissla-n; perceritage;brokerag-e-cir contingent fee.' . . ....-i.. l ,....; . .- " _ , "., . , .'. __ .. r _. G.-Pursuant to. the autharity ca'ntained in Se'c!ion 091 afthe Vehicl~ Cade, tne'Department has determined that within such areas as are within the Iimits'af Itle'praject and are apen to. public 'traffic, the Cantractar shall camply with aU af.the requirements set f.arth In D1vl~lans 11-, ,12, 13,"'14,andJ 5 af the Vehicle Cade. TheCantractar shall take aU necessary precautians far safe aperatian af his equipment and the p!atectian 9f the traveling public from injury and damage fram such equipment. ( - . _ _J .:.. I ., '- ~ . ,_'._ . -- t ,. -- '- , :: "- H.-ASSIGNMENT OF ANTITRUST'ACTlONS.'The COntractar's attentian is directed 'to. the~faliawlng pravislans . ii ~t!'l~~n.'9~n1 pag~.~e.c;tipnSj~51 and 4552 (Stats. 1978, Ch. 414) which shall be applicable to. the Cantractar , ' and his subCantractars an public warks cantracts ar to. the bidder an cantracts far the purchase af gaads, materials ar services: -J. "In entering into. a public warks cantract ar a subcantract to. supply gaads, services, ar materials pursuant to. a public warks cantract, the Cantractar ar subcantractar affers and agrees to. assign to. the awarding bady all rights, title, and interest in and to. all causes af actlan it may have under Sectian 4 af the Claytan Act (15 U.S.C. Sec. 15) ar under the Cartwright Act [Chapter 2 (cammencing with Sectian 16700) af Part 2 af Divisian 7 af the Business and Prafessians Cadel, arising fram purchases af gaads, services, ar materials pursuant to. the public warks can tract ar the subcantract. This assignment shall be made and became effective at the time the awarding bady tendElrs final payment to. the Cantractar, withaut further acknawl- edgement by.the parties." , , , .~. ,-- .. .., ,- ::~ , .... - ... ~ -' ,,- - .- ~ " -, "In submitting a bid to. a public purchasing bacfy, fhe bidder affers'anllagree's that if the bid is accepted, It will assign to. the purchasing bady all rights, tille, and interest in and to. all causes af actian it may have under Sectian 4 af the Claytan Act (15 U.S.C. Sec. 15) ar under the Cartwright AcllChapter 2 (cammencing with Sectian 16700) af Part 2 af Dlvisian 7:af the Business and PrafessiansCadeJ, "arising fram purchases af gaads, materials, ar services by the bidder far sale to. the purchasing bady pursuant to. the bid. Such assignment shall be made and became effective at the time the purchasing bady tenders final payment to. the bidder." (- ""