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HomeMy WebLinkAbout1981-533 .... ~ '. ..3."7:'~ ~:;::':;';-...:,:..~,,'-'--\i-.:" ,~~..'. - ,':'>,;-.'- .~: ~ :-,~;'; I " 1 2 3 4 5 6 7 8 9 10 11 J2 J3 14 J5 16 17 18 J9 20 2J 22 23 24 25 26 27 28 ~. " ~~'" '';;~ >:':,;.;~'."-'i,',,,,,>;; -...~:-~-~,+ ~',,< .', '._:~-,'!t,,"'"_ -,-," RESOLUTION NO. 81-533 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 a reaular meeting thereof, held on the 2nd day of November , 1981, by the following vote, to wit: AYES: Council Members Castaneda, Reilly, Hernandez, Botts, Hobbs, Strickler NAYS: None ABSENT: None ~&~A.b " C ty Clerk of day The foregoing resolution is hereby approved t . November , 1981. rnardino Approved as to form: ~~ r " ST"TE flF CALIFORNIA TO, . SUBJECT: . I Dm 5-5-B1 MINI-MEMO City of San Bernardino Advance Copy of Contract - Not approved STD 100-8 (REV. g_701 Attached is an advance copy for your files. This copy has not M E 5 5 A G E been signed and, therefore, is not approved. You may keep this copy, and we will send you a signed approved copy shortly. "--~';:;1-~;t~:}f~~--:r;:,,:s{:-' 'w~~ ~E -M EAOQU ARTE RS YELLOW-CONTRACtOR GREEN-CONTROLLER i' FINK -DISTRICT OFFICE GOLDEN ROD-FIELOMAN BLUE-CONTRACTOR'S FILE M M SPECIAL DESIGNATION FED. FUNDS ENCUMBRANCE AMOUNT FISCAL .W OBJECT DEBIT OR CREDIT YEAR UQ DOCUMENT O'S'l" UNIT NOT INVOLVED ZQ NUMBER Ere wu 08 660 -------- 504 012 748 1300 00 82 . DEPARTMENOfoF TRANSPORTATION . . l' 3 Sheet .h..m...m.... of ..._m..__......... Co. Route P.M. 'l"{"" Cr;APTER STATUTES FISCAL YEAR 1981 1981-82 B-845B This nwnber to be placed on all bills .. .!?1I.rJ. .E!lil.~nll.~d.il:lo......... ..... CALIFORNIA. i '" -. ':,-, ""rtlfy IIpon ""J own personal knowled'fe that budgeted ". ;, 'up .'leGllable for thepe1'1od and purpose 0 the 'e~enditure ,,' ;-~---:- <l_~o"e. S""'ATIJRE OF ACCOUHTI"' OFFICER OATE . . .M?l.y. . .~ . . . . . . . . . . . . . _ . . . . . .. . 19 .81... Contractor's Name ... .G-i..t.y..q f. .!?1I.1J. .alil.~I:l!U'P.i,l:lo........... ......... ..... ... Phone <:0.4). }!3}':".~~~.!? (Please bill as above) Attn: Animal Control Director Address ... .... ...:m.o. Nor.th. ."0". .Stree.t,. .San. .Be.roardina,. .CA... .9.24.16. ..................... License No. and Class The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Department of Transporta- tion in accordance with the provisions on B SIDES of this form and on the attached sheets. if any, and he agrees to to receive and accept as full com ensati efor the prices named herein: Provide the Departm 0 Tr s rtation access to the City of San gernardino Animal Sh t locat t 333 Blood Bank Road, San Bernardino, CA, for the disposal f nimal casses from California State Highways in the San Bernardino ea, i~ ordance with the Contract Provisions attached hereto and m de a pa hereof. ... " .-< EFFECTIVE DATE OF EXPIRATION DATE TOTAL EXP IT 125.00 M <l> .> ... ~... '-< >00 ,Q '" 'O+> :> " ,.. al :; to. . , .po) . ~ .:: .J ~ .0 July June EXCEED: 1, 1981 30, 1982 $300.00 arrears, upon receipt of itemized The said 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 he modified and that the State reserves the right to terminate this agreement upon written notice to the Contractor.. . 1004-2 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hand the year and date first above written. ej DEPARTMENT OF TRANSPORTATION , By Ange1a'M~.'Ha:ll"""'.". .................. Contracts/Support Services Officer Approved by CONTRACTOR qT'(..Qf. .!?A.t-!. .E!~.R.~~.FlQlt:JP........ ............ Finn Name By ...... .................... . J" ~ . .~ ~. . Eli.i He i-' . . . . . . . . . . . . . . . . . . . .. . Business Services Manager Title or Position Date . MAIL BILLS IN TRIPLICATE TO: FORM OE tZl4 (41711 .--"----.-~~~",.,.."..~::_:__'"-"7,....,.---'~-~-_,~...,_:_'_..--._-~---""-_7'--.- L- ""-\:'f-:')Sll;::>fj".l . contrac.o. 8-"8458 " Contrac heet 2 of j ASSIGNMENT or ANTITRUST ACTIONS.---The Contractor's attention is directed to the following provisions of Government Code Sections 4551 and 4552 (Stats. 1978, Ch. 414) which shall be applicable to the Contrector and his eubcontractors on pUblic works contracts or to the bidder on contracts for the purchase of goode, materials or services: "In entering into a public wClrks contract or a subcontract to supply goods, eervices, or 1II!lterials pursuant to a public works contract, tha Contractor or subcontractor offers and agrees to assign to the awardin~1 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 (commoncing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchasee of gooda, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at tha time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties." "In submitting a bid td a pUblic purchasing body, the bidder offers and agreee that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all cause. of action it may have under Section 4 of the Clayton Act (17 U.S.C. Sec. 17) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the 8usiness and Professions Code), arising from 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." DAS-OBH-1205 ('-80) (Payroll Recorda clause deleted) r;--"-' . I '..." _ .. >7e'''i;!llci- . . Contract Sheet 3 8-8458 of 3 CONTRACT PROVISIONS City sh~ll provide the Department of Transportation with 14 keys to the animal shelter, which State forces shall use when access is needed to dispose of animal carcasses. City shall take possession of animal carcasses removed by State forces from the State highways.. Either party may terminate this contract by giving 30 days' written notice to the other party. It is mutually understood between the parties that there are sufficient funds for the purposes of this contract during the current fiscal year. Further, it is mutually agreed that the re~~ining portion of this contract is valid and enforceable ~nly if sufficient funds are made available by the Budget Act of 1981; for the fiscal year 1981-82 (July 1, 1981 through June 30, 1982). . ,