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HomeMy WebLinkAbout1986-376 1 RESOLUTION NO. ~]~ 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT 3 OF TRANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Director of Animal Control of the City of San 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 as 12 fully as though set forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San 15 Bernardino at an adiourned regular meeting thereof, held on 16 the 22n~_ day of September 17 to wit: 18 19 20 21 22 23 24 25 of , 1986, b~ the following vote, AYES: Council Members Estrada, Reilly, Hernandez, Marks,~Quiel, Frazie~trickler NAYS: None ABSENT: None The foregoing resolution A ~~ /L;7~~~ .r: ~'~ /, is ~ebY. _approve~7th~s c:2..,~/L day /. '4 t IJ / .. . //"/ .'" . r. .I, ~ '-- -iif-t J ! _ _k:"-C IJ--:( M~yor of t e City~ of San Bernardino September , 1986. 26 Approved as to form: 27 28 ,x/-IZ-:rJY WH ITE-H EADQUARTERS , YELLOW-CONTRACTOR GREEN-CONTROLLER PINK-ACCOUNTING GOLDEN ROIrORIGINA TORI ADMI NISTRA TOR BLUE-EXTRA STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Sheet . . . . 1. . . . .. of . . .2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Co. Route P\1. MAINTENANCE RAMIREZ OIST EXP AUTH. SPECIAL DESIGNATION Cat x ~ SUB-JOB NO.. R/W PARCEL NO LOCATION BRIOGE NO. ETC OBJECT AMOUNT DEBIT OR CREDIT FISCAL YEAR ENCUMBRANCE DOCUMENT NUMBER Size SIC 08603 ----- 5DlOOO 400000 Eth 7079 FSJ MYR Rpt ITEM CHAPTER STATUTES FISCAL YEAR 266 0 -001-042 1 COMMERCIAL SERVICE CONTRACT NO. ...... O.Be 76.3. . . . . . . . . . . . . . . . . . . . . This number to be placed on all invoices I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. ... .$~.I). .~~.r:~ardino.............. , CALIFORNIA, ,.....,~ r-h-~... .~~1f.~.. 7.~......... . ....... ......... .... , 19 ~?. City o~ San Be~nardino ,: (5385) . . At:t.entJ.Qo.:. .. AnJ.mal. .Cant.r~J,.. P:J..~eQtQ:r;...... Phone 7.l4/3a.3:-.50.48......... (Please bill as above) Address .~O.Q. NQ;r:t;.l1.. ~'Q'.'. .S:t.:r;~.et.,.. SGlA. ae~.na.rdioQ,. .Ca.. .9.2.418.................................. License No. and Class The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Department of Transportation 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 (') (t) a part of this contract 0 c-+ ~ m 0- ~'< I;t;I ~'I-:'ei' () en' ~ RATE PER MONTH:.o......................o.$25.00 TOTAL EXPENDITURES SHALL NOT EXCEED:.....$400.00 EFFECTIVE DATE OF CONTRACT:....o..o......July 1, 1986 EXPIRATION DATE OF CONTRACT:.............June 30, 1987 APPROVAL RECOMMENDED q~ e- L . The said Department of Transportation herehy agrees to the terms as above set forth, and here y agrees to pay the same, provided that by mutual consent this agreement may be modified and that the State reserves the right to 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 first above written. ,~ DEPARTMENT OF TRANSPORTATION CONTRACTOR CITY OF SAN BERNARDINO . .l1.l'1.J;M~. .CQijT.ROL . Q !REC.TOR. . . . . . . . . . . . . . . . . . Finn Name By.. ................ ...... ......... ................. Herberta M. Olive, Assistant Contracts Officer By.. ............ .... ... ....... .... ........ .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Title or POf;ition Approved by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Gustave J. Krug, Chief Contracts/Support Services DA~OBM-l284 (REV 3/84) . MAIL BILLS IN TRIPLICATE TO: EXHIBIT A A.-The Contractor shall keep himself fully informed of all existing and future State and Federal laws and county 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 the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction 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 Jaws, or- dinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or aQthority 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, against 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. B.-The mentioning of certain statutes 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 Contractor shall indemnify the State against all loss and damage to the Contractor's property or equip- ment during its use under this contract and 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 by defective equipment furnished under this cQntract, 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 specificalfy be provided for. E.-It is expressly agreed that all persons engaged on thjs work are employees of the Contractor and that none are employees of the Department of Transportation 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 commission, percentage, brokerage or contingent fee. G.-Pursuant to the authority contained -in Section 591 of the Vehicle Code, the Depa~tment has determined that within such areas as are within the limits of the project and ar'~ open to publiC traffic, th~e 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 nec~ssaryprecautions for safe opera'tion 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 provision~ of Government Code Sections 4551 and 455.2 (Stats~ 197.8, Gh. -4 ~ 4)'which -shal~ be' appWoable to the- Contractor and his subcontractors on public works contracts or Jo the bidder on 'contraCts for the purchase of goods. materiaJs or: services: . IJ ',I ..; (:' ,; . ~. if.) r, __ "In entering into a public works contract or a Sub'cOrttracf tt> 'soppty 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 V;~.C~~~./'-fU)(r')i;tler ~~ Act [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business a{!d Professions Code], arising from purchases of goods, services, or materials pursuant to the public works cOfl~ra9-t, or. ttu~ ,s~~Qntract. This assignmen.t shall be made and becom,e effective at th~ time - the-aW8f4Hlg body tenders~fttl&l'p8ymeftt to the Contractor, Without further acknowledgement by the parties." "In suomitting 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 precedjng two-year period because of the Contractor's failure to comply with an order of a federal court which orders him to comply withan order of the National Labor Relations Board, I 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. SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DAS-OBM-1284 (REV, 3/84) 888S1-S00 3-84 10'"' SEXT asp Contract Sheet 2'of 2 Contract No. 08C763 CONTRACT PROVISIONS DESCRIPTION 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. The Contractor's performance required to complete the work under this contract will be evaluated and reported to the Department of General Services (SAM 1218). This contract may be cancelled by either party by giving notice, in writing, to the other party. PAY~ffiNT Payment will be made quarterly, in arrears, upon receipt of invoices submitted in triplicate. In order tg expedite payment, invoice letterhead (printed or stamped) should read the same as the name on the contract. 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 ~he check about three weeks earlier than when payment is made by the State Controller. It is mutually understood between the parties hereto that this contract is valid and enforceable only if sufficient funds are appropriated by the California Legislature for the fiscal year covered under this contract.