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Home My WebLink About1987-289 RESOLUTION NO. 87-289 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 ANI!4AL 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 tpe City of San Bernardino at a regular meeting thereof, held on the 8th day of September , 1987, by the following vote, to wit: AYE S : Council Members Estrada, Re ill y, Flores, Mauds 1 ey, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: None ,,&/7/h//L7 ~~ Cit'y Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8-14-87 1 The foregoing resolution is hereby approved this tl/iA/ 2 day 0 f /' '-r- I' ) '>.kfjf1tL/I--6L/ , 1987. //"'" ,/ 3 4 5 ,It f: 6 Approved as to form and legal content: 7 /) 1 8 '." /1 \A.~ ,. ), / /" p D-/ / I f.-A__,,,-<-:/,'" Y of San Bernardino ~,.,' )~'\ ~(} ') ,l .- C\ C\ ~ '~~ '-{) 1 \ STATE OF CALIFORNIA WHITE-HEADQUARTERS YELLOW-<:ONTRACTOR GREENHCON~lER PINK-ACCOUNTING GOLOENROD-ORIGINATOR/AOMINISTRATOR BL UE-EXTRA 1 2 Sheet . . . . . . . . . .. of . . . . . . . . . . . DEPARTMENT OF TRANSPORTATION MAINTENANCE THOMPSON EXP AUTH SPECIAL DESIGNATION DIS! ~ SUB-JOB NO RIW PARCEL NO LOCATION BRIDGE NO ETe OBJECT 08 603 ----- 501000 7079 ITEM CHAPTER STATUTES FISCAlJEAR I '5 ~ Ie; s -; ~I i 6 -U-6- ~ 2660-001-042 I hereby certify upon my own personal knowledge that budgeted funds are available for the penod and purpose of the expenditure stated above. Co. Route P. .\f. Cat AMOUNT DEBIT OR CREDIT FISCAL YEAR ENCUMBRANCE DOCUMENT NUMBER Size SIC $500.00 jqggr 19s5 FSJ Eln MYR Apt COMMERCIAL SERVICE CONTRACT NO. ............. .q~.F;9.~9.............. This number to be placed on all invoices San Bernardino T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. , CALIFORNIA, ;?.7Jg7 May 4 8 7 City of Sa Bernard filo .. .. .. .. .. . . . .. . .. .. .. . .. . .. .. .. .. .. .... , 19 .... Contracwr's Name........... ?\1:-~.e:~.t:~~r:.:... .rr:?l?~. .<;~~~.~~.~............. Phone 7.~~(~~.~:-.~~.~?. ~~.~~.5) (Please bill as above) Address. . . . . ~.~~. .I?~<?~.~. .~<:t?~. '~~'~~'" . .~~~ . ~E7~.r?<:t.:r:c:1.~Z:~ ~ . .C;~. . . .~?~. ~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . License No. and Cia.>> The Contracwr hereby agrees to furnish the service or rental as hereinafter set forth to the Department of Transportati'.::..-n 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. 00 :;;: The sa~d Department of Transportation hereby agrees to the terms as above set forth. and hereby agrees to pay ~rle sa;::'2. provided that by mutual consent this agreement may be modified and that the State reserves the right to te!"ml:iate c:::s agreement upon written notice to the Contracwr. IN' \\~ESS WHEREOF. the parties to these presents have hereunto set their hand the year and date first above \\Titten. DEPARTMENT OF TRANSP~RT ON CONTRACTOR .-;::J ,'1 J A+=-' ~ ~I~Y _ O~ ~~R~~RD~N~_ BY'ii€f~~Assi'stant"""" FkmNam. no~" .1)................ Contracts Officer By._. ~....~.. Ii ..~~:.... / - l . .<;:.~. y Aq.l}l.~p.~;;:t.J;P:1;9X:-~t.~y. .Qt.. ~.q.P........ ard ino Tide or Position DONNA Mo RODRIGUEZ Contracts/Support Serv1 es fficer ( ~~ H~ ~cc (/l v eM ''''; c."+-< ~ >-0 ,J:l en 't1~ o 0 ~ r.; co ~. -r4 +~ > ~ CD 0 g::c RATE PER MONTH: . . . . . . . . . . . . . . . . . . . . . TOTAL EXPENDITURES SHALL NOT EXCEED: EFFECTIV~ DATE OF CONTRACT: ........ EXPIRATION DATE OF CONTRACT: ....... DAS-OBM-I284 (REV 3/84) $ 35.00 $500.00 June 30, 1987 June 29, 1988 ~ c:::J ~ -a. . MAIL BILLS IN TRIPLICATE TO: - A. - The Contractor shall keep himself fully informed of all existing and future State and Federal laws and couJltv and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of t;;e wor~'. and of all such orders and decrees of bodies or tribunals havtng any junsdlctlon or authority over the same. He shall at all times observe and comply with, and shall cause all his agents and employees to observe and comply with all such existing and future laws, or- dinances, regulations. orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the State of California. and all officers and employees thereof connected with the work. including but not limited to the Director of Transportation and staff, agamst any claim or liability arising from or based on the violation of any such law, ordinance. regulation. order, or decree, whether by himself or his 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 forthwith report the same to the State in writing. 8. - The mentioning of certain~tatutes in thiS contract shall not relieve the Contractor from the responsibility of complying With any other statutes applicable to the service or rental to be furnished hereunder. C-The Contraclcr shall indemnify the State against all loss and damage to the Contractor's property or equip- ment during its use under this contract afl.d he shall 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 impos- ed by law for property damage or personal injuries caused !,y"1j~-'ectiv~ equtpment furnished under this contra<?t or by operations of the Contractor or his employees under this contract. - - - - . . . D.-The cost of employer payments to or on behalf of employees. 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 otherwise shall be included in the price bid and no addi- tional allowance will be made therefor, unless separate payment proviSion should speCifically be provided ror. 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 Transportahon of the State of California. F.- The Contractor warrants, by execution of this contract, that no person or 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, excepting bona fide employees or bona fide established commercial or selling agen- cies maintained by the Contractor for the purpose of securing business. For breach or violation of this warranty the State shall have the right to annul this contract without liability, paying 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 commissio.n, percentage, brokerage or contingent fee. G.-Pursuant to the authority contained in Secti'on 591 of the Vehicle Code, the Department has determined that within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14 and 15 of-the Vehicle Code. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the traveling public from in- jury and damage from such equipment. H.-ASSIGNMENT OF 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 Contractor and his subcontractors on public works contracts or to the bidder on c'ontracts for the purchase 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 Clayton Act (15 .,U.S.C. Sec. 15). or -under .the ,Cartwr~ht Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division q. ofthe--Susiness'and Professions Code], arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time _~he aw~_~in.g body_.~~nd~rs finaJ p.ayment to the Contractor, without further acknowledgement by the parties." "In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted. it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Sec- tion 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business 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." , . , 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 not more than one final unappealable finding of contempt of court by a federal court has been issued against him within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders him to comply with an order of the National Labor Relations Board. -' -..... , hereby certify that all conditions for exemption set forth in State Administrative manual Section 1209 have been complied with and this document is exempt from review or approval by the budget staff, Department of Finance. SIGNA TURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY -\' OAS-OBM- 128-4 (REV. 3/84) 86 94078