HomeMy WebLinkAbout34-Animal Control
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CITY OF SAN BERN~DINO - REQUEST A;M COUNCIL ACTION
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Dept:
Deborah L. Biggs
Animal Control
Subject: Contract From Cal ifornia Department
of Transportation (Cal Trans) for
FY 90
Date: May 24, 1989
Synopsis of Previous Council action
7-5-BB-- Resolution BB-226 approving the contract with Cal Trans for
the disposal of animal carcasses was adopted.
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Adopt Resolution
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Recommended motion:
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Signature
Contlct plrlon:
Deborah L. Bi ggs
. Phonl: 384-5275
Supporting dltl lURChed: Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
C~c" Not.s:
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CITY OF SAN BBRNiRDINO - REQU.ST ~ .COUNCIL ACTION
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STAFF REPORT
Since 1980 the City has permitted access to the Animal Shelter
freezer, by Cal Trans. employees for the purpose of depositing
animal 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 per month for the FY 1990 and is
to be billed quarterly.
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DB/dys
75-0264
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RESOLUTION NO.
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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 8ERNARDINO AREA.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
5 OF SAN BERNARDINO AS FOLLOWS:
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The City Administrator of the City of San
SECTION 1.
7 Bernardino is hereby authorized and directed to execute on behalf
8 of said City an Agreement with the State of California Department
9 of Transportation for the disposal of animal carcasses from state
10 highways in the San Bernardino area, a copy of which is attached
11 hereto, marked Exhibit "A" and inCOrPOrated herein by reference
12 as fully as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
15 Bernardino at a meeting thereof, held on the
16 day of , 1989, by the following vote, to wit:
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17 AYES: Council Members
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NAYS:
ABSENT:
City Clex-k
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PZ/dys
June 9, 1989
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RESOLUTION.~UTHORIZING THE.EXECUTION~ AN AGREEMENT WITH THE
STATE OF CA~FORNIA DEPARTMENT OF TRAN~RTATION FOR THE DISPOSA
OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO
AREA.
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The foregoing resolution is hereby approved this
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of
, 1989.
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Approved as to
form and legal content:
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JAMES F. PENMAN,
City Attorney
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June 9, 1989
day
W. R. Holcomb, Mayor
City of San Bernardino
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STATE OF CALIFORNIA
Sheet
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DEPARTMENT OF
TRANSPORTATION
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P.'
Mtce/Thompson
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60< <;n1000 I 707'l <><>'<>Q
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08 603 -- 5.D1000 t 7079 89/90 ,..
ITEM ClW'TER STATUTES' FISCAt.YEAA
Commercial Service
2660-001-042 313 1988 88/89 OllE480 .
CONTRACT NO. . ..,. --. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. o'
, ".ntbr c.,tity UPCNI my OW" pena,,_lrnowMdge tltalOutfVlNed III,.,. aN _alia",. ". number to 1M ~ on ad imoc:..
lor th. jMtiod ptJ puIpOM 01'''' ..~"djfu,. .tatftd ftlGN.
SIGH.TURE OF 4CCaUHnNG OFFICfil GATE San Bernardino , CALlFORNI,d
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11 Contracto(s Name c;: ~.t.Y .9.f, ,9?P. .1}~F.r:'H?.i.1}9. . . , . . . . . . . . . . . .. . . .. Phone 7A 4 ( ?8.4:- ?O. H. . . . . .
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0.. s. Department of Transportation in accordance with the provisions on BOTH SIDES of this form and or
~ th~ attached sheets, if any, and he agrees to rece!ve ~nd accept as full <:ompen~tion thArefor thE
...... prices named herein: Prov.~de access to the C~ ty 'of .San Berna+d~no an~mal shel ter,
Qt 333 Blood Bank Road, San Bernardino, CA, for the disposal of animal
~o carcasses removed from California State Highways in the San Bernardino
. area,
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Rate Per Month: $35.00
Total Expenditures Shall not
Eff.ective Date of Contract:'
Expiration Date of Contract:
Exceed: $420.00
June 29, 1989
June 28, 1990
AFffiOV At. RE:C01\otL1I2,',jfJED
The said Department of Transportation hereby agrees to the terms 8$ above setforth, and hereby agret;ls to pay
the same, provided that by mutual consent this agreement may be modified and that the State reserves the right tc
terminate this agreement ul:!on written notice to the Contractor.
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hand the year and date firs:
above written.
DEPARTMENT OF TRANSPORTATION
CONTRACTOR
CIX.Y.: .OF. .sAN. .aERNAaO.4'lO. J\.Nlt1i\.L. SH.ELTE.F
..... H....
By o. ... ......... ........... ...... ...............
Herberta M. Olive
Assistant Contracts Officer
By. ..... ....................... ... ............ .......
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Approved by
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nu. ()f Po.lllOl'l
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.... MAIL BILLS IN TRIPUCATE TO:
Kathleen D. Sansone
District Contracts Officer
DAS.OBM.' 2t!<< (RE'I. SillS)
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A- The Contractor shall keel> him:;elf fully inf.>rm"d cf all existing and Mure State and Federal laws and cour.ty
and municiparordin~ncesand regulations which in any manneraifec: those engaged or employed intheWdrk, orthe
materials used in the work, or which in anyway affect the conduct of the work, and of all such orders and decrees of
bodies or tribunals having any jurisdiction or authority "ver the same. He shall at all times observe and comply with.
and shall cause all.his agents and employee:> to obserle and comply with all such existing and future lawS; or..
dinances. regulations, orders, and decra as of bodies or tribunais having any jurisdiction or authority over the Work;
and shalf protect and Indemnity the State of Caliiomia and all officers and employees thereofoonne<;ted with the
work, including but not limited to the Diractor of , ran sport at Ion and staff, against any claim or i1apility arising from o.
based on the violation of any such law, ordinanca, regulation, order, or decree, whether byhimselt drhis 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 lorthwith repdrt the same to the State in writing.
8.- The mentioning of cartain statutes in this contmct shail not relieve the Contractor from the responsibility of
complying with any other statutes appiiC3iJle to the service or rental to be furnished hereunder.
C.- The Contractor shail indemnity the S!3t'~ against ail less and damage to the Contractor's prdperty or eqUip-
ment during its use under this contract and he ai-.ail at his Own expense maintain such fire, theft, liability or other in-
surance as he deems necessary for his protection. The Contractor assumes all responsibility which may be
imposed by law for property damage or parsonal injuries caused by defective equipment furnished under this con-
tract or by operations of the C.:mtractor or hiS ,;mplo'i~~S under this c~ntract
0.- The cost of employer payments to or on bet:aif of empfoye~e. 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 otherNise shall be included in the price bid and noaddi-
tional allow",nce will be made therelor. unless se::arate 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
employees of the Department of Transportation of the 5ta-te of California
F.- The Contractor warrants, by execution olthls contract that no person dr Selling agency has been employed or
retained to solicit or secure this contract upOn an agreement or understanding for a.commission, percentage,
brokerage. or contingent fee, excepti"G bona fide employees or bona fide established commercial or selling agen-
cies maintained by theContractorforthe purpose of securing business. For breach drvlolationoflhiswarranty the
State shall have the right to annul this contract without liability, payif1l; only for the value of the work actually per'
formed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of
such commission, percentage, brokerage or contingent lee. ..
G.- Pursuant to the authority contained in Section 591 of the Vehicle Code,the Department has determined that
within such areas as are within the limits "f the project and are open to public traffic, the Contractor shallcomplywith
all of the requirements set forth in Divisions 11, 12. 13, 14 and 150fthe Vehicle Code. The COntractor shall take all
necessary precautions for sale operation of his equip'llent and theprotec:ion of the traveling public from injUry and
damage from such equipment
H., ASSIGNMENT OF ANTiTRUST ACTIONS.- TheContracl(!r'satlention is dIrected tothe following provisions of
Government Code Sections 4551 and 4552 (Stats. 1978, eh. 414) which shall be applicable to the Contraclor;md
his. subcontr?-ctors on publiC works oontracts or to the bidder on contracts for the purc~ase of gOOds, materials
or services:
"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 ClaytonAct(15 U.S.C.
Sec. 15)or under the Cartwright Act [Chapter:1 (commllncing with Section 16700) of Part2 of Division 7 of the
Business and Professions Codel. ariSing from purchases of goods, services, or materials pursuant to the publio
works contract or the subcontract. This assignment shall be made and become elfective atthe timethe award-
ing body tenders final payment to the Contractor, without further acknowledgement by thl! parties."
"In submitting.. bid to a public purchasing body. 'he bidder oHers and agrees that if the bid is accepted, it will
assign to the purchasing body all rights, title, and ir.terest in and to a!l causes.of actionlt may have under Sec-
tion 4 01 the Clayton Act (15 l.!.S.C. Sec. 15) or unr.!er the Cartwright "'.ct [Chapter 2 (commencing with Section
16700) of Part 2 of Division 7 of the eusine~s and Professions Codel, arising frOm purchases of goods,
materials, or services by the biddllr for sale to the purcha~ing 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."
I.- In accordance with Government Code Section 14382, a Contractor who is not a public entity. by signing this
contract. hereby swears under penalty of perjury that .ncr more than one final unappealable finding of contempt Of
court by a federal court has been issued againsth:m within the immec!iate!y preceding two-year period because of
the Contrac:or'sfailure to comply 'NitMan order ct 3 !ederal court which orders him to comply with an order of the
National Labor Relations Board.
I herebyc.ertify that all conditions for exemption 3Rt /orrt);n Sfate.4ljminis~rative manual Secti"ln1209 have been
complied with and this docum&nt is exempt/rom :"vie", or approval by the bugget slall, Deparlrr_e!'.t 01 Finance.
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SIGNA tURf! OFOUICER smNiN~ OHBEHAV O~ THE AGENCY
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Contract Sheet~of 4
Contract No. 08E480
ARTICLt I - DESCRIPTION OF WORK
A. City shall provide the Department of Transportation with
14 keys to the animal shelter, which State forces will
use when access is needed to dispose of animal carcasses.
City shall take possession of animal carcasses removed
by State forces from State Highways.
B. This contract may be cancelled by either party by giving
notice, in writing, to the other party.
}l.RTICLE II - GENERAL
The Contract Administrator for this contract is Mr. Walt
Thompson, telephone number 714/383-4427.
ARTICLE III - 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 conditiori, marital status, age
(over 40) or sex. Contractors and subcontractors shall
insure that the evaluation and treatment of their
employees and applicants for employment are free of such
discrimination. Contractors and subcontJ:'actors 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.
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Contract Sheet~of~
Contract No. 08E480
ARTICLE :!;V - PAYMENT
A. Payment will be made quarterly, in arrears, up~nreceipt
of invoices submitted in triplicate to:
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Department of Transportation
247 West Third street
San Bernardino, CA 92401
Attention Accounting
B. In order to expedite payment, invoice letterhead (printed or
stamped should read the same as the name on the contract.
. C. Payment may be made by the State Controller's Office or the
Department of Transportation. Payment by the Department is
permitted only when the covering invoices offer a
discount of at least half-Of-one percent (minimum $2.50) .
Payment by the Department will usually result in receipt
of the check about three weeks earlier than when payment
is made by the State Controller.
Payment may be made by the State Controller's. Office or
the Department of Transportation. Payment by the
Department is permitted only when the covering invoices
offer a discount of at least half-oi-one percent (minimum
$2.50). Payment by the Department will usually result
in receipt of the check about three weeks earlier than
when payment is made by the State Controller.
D.
E. It is mutually understood between the parties that this
contract may have been written before ascertaining the
availability of congressional or leqislative
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.
F. 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.
G.
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.
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Contract Sheet~of~
Contract No. 08E480
ARTICLE IV - PAYMENT (Continued)
H. 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 V - DISPUTES
A. Any dispute concerning a question of fact ar~s~ng under
this contract that is not disposed of by agree~ent 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 questions 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.