Loading...
HomeMy WebLinkAbout22-Animal Control . CITv'dF SAN BERNARDIN~ REao.JsT FOR COUNCIL Ac.:t'ON I From: Deborah L. Bi gg~ Oept: Animal Control Date: May 29. 1990 Subject: Contract From California Department of Transportation (Cal Trans) for FY 91 Synopsis of Previous Council action: Council has renewed contract each year since 1980 tl ~, 1 fll '...;, (') o i.J ~.... .::-, '- "', " ':~ -, " :'1 Recommended motion: Adopt Resolution ~./~ ~ Signature I Contact panon: Deborah L. Bi QQS I Supporting data attachad: Yes Phonal 384-5275 Ward: FUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) Flnlncl: I Council Notll: I n.uU Agenda Item No. ~,:J,; - - - -- - . 'CITf.':oF SAN BERNARDINb)- REQ~ST FOR COUNCIL ~ION STAFF REPORT Since 1980 the City has permitted access to the Animal Shelter freezer, by Cal Trans employees, for the purpose of depositing carcasses removed from the State roadways. The number of carcasses is unknown, however, it is only a small fraction of the total number deposited monthly from all other sources. The monthly fee has been established at $ 35.00 per month for the FY 1991 and is to be billed quarterly. 75-0264 .c 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 - -- - " " '-' ..'.....'" --' RESOLUTION NO. 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: i 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 The authorization ~~ execute the above- referenced agreement is rescinded if the parties to. the 1i agreement fail to execute it within sixty (60) days of the 18 19 20 21 22 23 24 25 / II II passage of th~S, resolution. I duly I I HEREBY CERTIFY that the for~going resolution was adopted by the Mayor and Common Cc ~cil of the City of San Bernardino at a meeting t~ereof, held on the 1990, by the :~llowing vote, to ~it: day of 26 / II II 2i / / " / / 28 II II / 05131/90 - ~- ~ ".C i' ?,::,,::..~"::_:; :? ::-!.:: C:g" OF .;;';:; BE" V.RDINO ,;eTHORIZING THE EXECt:T:C~ OF AN AGRE NT WITH T-' STATE OF CALIFORNIA DEPART~ENT OF TRANS PO TATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. ~) I 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 Council Members: ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER Alle. ~ ABSTAIN CITY CLERK The foregoing resolution is hereby approved this ____ day of , 1990. Approved as to form and legal content: JAMES F. PENMAN City Attorney By: 05/31/90 w. R. HC~COMB, Mayor City of 3an Bernardino -2- , C' . - ~.~ --- - ~,_.... .~- = ::,.1..- s = =E"- CF 3EN SE~ = ::ONiRCl.~C::1=f ::: A.DMIN. /"'. V-: O.O....J~v DEPARTMENT OF TRANSPORTATION EXHIBIT -A- Sheet .... Of ~)~ o. OIo\,lIe =... ~~l~~enance:T~om~scn ! :;C~CCE :-""U: I ~~, "I;'); ;~C...~ :~;'~IrI.I,-'!:!/II I I 1 ;E'i.:: i;".olCC~ ;.s..::<;: I I ",YOUJrn :",CAl ~"~_"'ii~"..~~ I ,- ,J8,jEC7 : _~~""'l' I ~,~- I ''\Ii ~A:CL"O I Jf;V:" ~1I~~" '=A~ , , . ;"I~ ;.... i .::r:.. \....~:~ =UNDING , , ..~,. "::~ "Ie , ,~ ::: ..: : , ! I ! I : "Q:;,'i3 ---- I :C:':~~>~ 7079 S420.~O 90/n ~{<..'" fc 9-'+ i - i . __v , - :;:i',HE ! I I I I - .:C!N-:" i I I - I - : I I - F"DEPA'- I I , ":'" -"AII'""I': :-:....'-:.; :$;;.a.lV~.:I I '"1~.;(\_r:r' _",1-' ':".' _ _ '.. _'.L _"'l:~ . :)::l.f' _... ... v - - : ~ 1 ";11" ... CONTRACT NO. ,J8E944 ".'.0, c."'''' .100" m., OW1l DetSOtlellrtlowjeoY'. ,.,.: :i..aq.rec ,'/Jftda .r. ''''11.",. .<;r .... Df-."GC .ar.:: t:IJtOOA 0' tn_ ...,er.d"ul'W !r.,.a .ce". ... .T;.~~\;m.~~e.~~~~;".a': :~~'~:s" ... . _ ',.t.- _;: :; .I,':C-:~"~'''; :"ICEQ ...".: .~~r;J.I;l;F."!~F.QI1'l.q. . .... . . ..... . . ,CALIFORNiA ~/" ..,. ~ C 62.-L~"-" - S. .2..~ ""];.' :-1 .., '900 Date ...... ~y . + " . ~. : .. . . . .. . . .. . , . . .. , .. . , . . . Contractor's Name "::..-:'.':: Sa:--. =':?~:"',ardl.::c An:.mal Shel":er Ph 7:~!;.:.;-:,:.;e .... r.... ..... .................................. one..............,....., ,./) ! Plea.. tlln a. _l)Ov.l ~ Address ~~~. ~.l~. .~a,l'l-~ .~C:~~~ .~~::.?~~~~~?~~?!. :::i'.. .9.2.~q~......................"..........". \...J _-Ce"H...O' ''''C :-us ~ 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 '''a -; ; attached sheets. and he agrees to receive and accept as full : :rnpensation therefor the prices -a -ad II herein. ~ " The consideration to be paid Contractor. as provided herein. shail : e In I 0 e'OmD' "om . ~ compensation for all of Contractor's expenses incurred in the perlor..- 'ce Oeoa"mon.of Gono'at 50''''0' 'Oc.,., ~ ~ hereof, including travel and per diem, unless otherwise express, so '" ::; provided. lP . No alteration or variation of the terms olthis contract shall be valid u: ?SS '" " made in writing and signed by the parties hereto, and no oral understan.- '1g P; or agreement not incorporated ri'erein shall be binding on any oi ,.,e o '. ... .' ;:>arties hereto. ~ ~ The said Department of Transportation hereby agrees to the terrr, as eo... set forth herein, and hereby agrees to pay the same, provided that by m'_ . Jal written consent this agreement may be modified and that the State rese' es the right to terminate this agreement upon written notice to the Contra Jr. IN WiTNESS WHEREOF. the partIes to these presents have here. .~ set their hand the year ac,:: :a:+ . .,. above written. DEPARTMENT OF TRANSPOClTATION CON7!:lACTOR 8y ....... ......... ...... ... ........ ~-."'.-.'; . --:~. . . ;~;~:~.r.;;.:;;~~. ;:-.~.:.~.~~:~ .'~-:-~';' :-:7::";:~~-:;' :-:. ._...._-:-= ~.r,., :'Itame -..----- .-.':='::: _:; ::'.1_ ---..--- . - -.. - -- -- ~ - - -.=..... - - . --..- By....... ... ...... . ....... ................ :"::r:r,:-...~c by .......... ...................... "'t'.:I' Des:,,,.. ~~=-:-. - '" -'. -- -. ,. -"'- ... - -. --.".. - - . - - . F9derai '.0_ .. :~r .~s :;V':'!4 -:. .:: 'n', . r . "-' r- l,.... '\ .....,.,1 ) Contract Sheet -2-- 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 mon~h is $35.00, which shall include all animals. B. Total amount of this contract shall net 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 Thonpson ".C 1""'. ....." ." -....I :J 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 co~cerning a question of fact arising 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 Cont=act 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. _...u_ p.... '''- ,,""', .r"',\ V :; - 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.