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Home My WebLink About1989-180 ., ~. ' 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. 89-180 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STA~E 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 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. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 19th n:~gll 1 n r day of June , 1989, by the following vote, to wit: AYES: Council Members Estrada, Reilly, Flores, Maudslev, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: None / / / / / / / / / / / / / / / / / / / / PZ/dys June 9, 1989 ~ ~ ~~~f /' " Ci}f Cler~ . ~'" CO IA~J ../ ~ 1/ ( ./,. J //;// . .....,'f"..... / 't!.'.t{? ,i dlAu~;;...... A. /(ftpeti " J ' ./"-'l~ ~/ 't- C..,,/ q 1 ., ..' 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 . · J ~ ~ . RESOLUTION...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. The foregoing resolution is hereby approved this :?JIL/( day of June , 1989. Approved as to form and legal content: JAMES F. PENMAN, City Attorney B ) PZjdys June 9, 1989 2 . . (,. r-/ STATE OF CALIFORNIA Sheet .... 1. . . . .. of ..9:... DEPARTMENT OF TRANSPORTATION Mtce/Thom son EXP. AUnt SPECIAL OESlGNAnoll SU8-JOB NO. AIW PAIICEl Na. LOCATION BRIDGE NO. Ere. OBJECT OIST Cd. . . . . . . . . . . . . R~~ . . . ~ . . . . . . . ~ AIIOUNT DEBIT OR CREDIT EHCUM8lWIC! DOCUMENT NUMBER SIza FlSCAl V'EAR SiC EtIl 08 60 FSJ ?~.11. ~~.r.r}?F?~r:~..... .. ... .... ,CALlF:ORN .t1c: Y..~ ~ f. .. . . .. . .. . . . . .. . . . . . . . ... , 19 ~ ~. Contractors Name ~ ~.t.Y . 9f.. .~~r. )?~Fn~:r?~Q<? . . . . . . . . . . . . . . . . . . .. Phone 7.~ 1 {?8.1:- ?0.1? . . . (Pleue bill as abovel . 08 603 ITEM 501000 I I CHAPTER STATUTES 7079 FISCAL YEAR 2660-001-042 313 1988 88/89 , hereby certify upon my own personal knowledge that budgeted funds a,. avallabl. for the period and purpose 01 th.. ..1Ipendllu,. stat"d abOve. SIGNATURE OF ACCOUNTING OFFICER ~ DATE $'iJ'O lOb MYR 89/90 PDt Commercial Service CONTRACT NO. . ..Q ~.~ 1 ~ 9. . . . . . . . . . . . . . . . . . Thla number to be placed on all Invoices Address .3.~ ~. .8) 99P. .l??J1.J<; . F9.c!Q I . .~q\l. .~~ t P.a.:r;9.i.rlQ I. .c..l} . . .9.44 )...8. . . . . . . . . . . . . . . . . . . . . . . . . . . llcens. No. and C The Contractor hereby agrees to furnish the service or rental a~ hereinafter set forth to t Department of Transportation in accordance with the provisions on 80TH SIDES of this form and t the attached sheets, if any, and he agrees to receive and accept as full compensation thp.refor t: prices named herein: Prov:.ide access' to the Ci ty :ofSan Bernardino animal she 1 tel 333 Blood Bank Road, San Bernardino, CA, for the disposal of animal carcasses removed from California State Highways in the San Bernardino area. Rate Per Month: $35.00 Total Expenditures Shall not Exceed: $420.00 Effective Date of Contract:. June 29, 1989 Expiration Date of Contract: June 28, 1990 The said Department of Transportation hereby agrees to the terms as above set forth. and hereby agrees to p: the same. provided that by mutual consent this agreement may be modified and that the State reserves the right 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 fir above written. B~~M~01i:';:.... . Herberta M. Olive Assistant Contracts Officer Approved by ~~. .(!. ~~ Kathleen D. san~~~....' District Contracts Officer OAS.08M.12/!4 (REV. 8/681 CONTRACTOR CIXX .OF. .SAN. .BERNAEDl.NO. c/~.:V;; . . J: il.tPJ:. . . . . . . . . . . . Tille or 1'0.;11 ~ MAIL BILLS IN TRIPLICATE TO: Dep.1tment of TrsneportatJon ktst Office lox 231 8en Bernardino. CalIf. 824G.2 . . Contract Sheet~of~ Contract No. 08E480 ARTICLE 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. ARTICLE 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 condition, 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 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. . . Contract Sheet~of~ Contract No. 08E480 ARTICLE IV - PAYMENT A. Payment will be made quarterly, in arrears, up~n receipt of invoices submitted in triplicate to: 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. D. 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. E. 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. 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. 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 arising under this contract that is not disposed of by agree~ent 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 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.