HomeMy WebLinkAbout32-Animal Control
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CI" OF SAN BERNARDI~ - AEQU'" FOR COUNCIL AC.N
From: Paul E. Turner
Director of Animal Control
Dept: Animal Control
Subject: 1985-1986 Contract with
Department of Transportation
for Carcass Disposal Services
Date: June 20, 1985
Synopsis of Previous Council action:
The City has entered into contracts with the State Department of
Transportation for carcass disposal services since 1980.
Recommended motion:
Adopt resolution.
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Signature
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Contact person:
Paul E. Turner
Phone:
5275
Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
None
Sou rce:
Finance:
Council Notes:
75-0262
Agenda Item No \,~.
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CIIf OF SAN BERNARDI~ - REQU& FOR COUNCIL ACftON
STAFF REPORT
The Department of Transportation of the State of California
has used the animal shelter facility for disposal of animal
carcasses removed from state-maintained roadways within the
local district office's jurisdiction since 1980.
No significant impact has occurred as a result of the
Department's use, and, therefore, staff recommends entering
into the attached agreement, which agreement contains the
same provisions as prior years.
75~0264
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I 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 a
meeting thereof, held on
, 1985, by the following vote,
16
the
day of
17 to wit:
18
AYES:
Council Members
19
20 NAYS:
21 ABSENT:
22
23
City Clerk
The foregoing resolution is hereby approved this
, 1985,
day
24
25
26
of
Mayor of the City of San Bernardino
27
28
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OREE~EA
PlNK-ACCOUNTING
OOLDEN...,o.()RICllNATORIADMlNl81RA1OR
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"D;~.';:11ER~~EN " 'F! ~:'~"" '~',"'8_.' . ;:::.'J..'r"~;': :'rI. .~......
~E~I.'\ ,I MENro 'IH\<..~~'.., " f. ,',., .
TRANSPORTATION. . Co;," .. .. .... . ....... ... .. .. .. PM.
OIST
7079
300.00
CHARGE
EXP, AUnt
SPECIAl DESIGNATION
IUl-JllBItO.
. lVWrAACfl NO
i lOCATIOfiI
8flIDGfNO FTC
OBJECT
AMOUNT
DEBIT OR CREDIT
FISCAL
VEAR
tal
ENCUMBRANCE
DOCUMENT S..
NUUSER
SIC
Em
'$,1
MY.
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08-60
ITEM
CHAPTER . STATUTES FISCAL YEAR
COMMERCIAL SERVICE
CONTRACT NO. .... ..~ek~~Q.... ...... ...........
Thio .umber '" be pIocod .. 011 ........
I ,.,.., ctttitr upon my own ".,.",.., ~ the, budQeted fundi .,. avalllbIt
...""'___01""'___
,,'.! t.' ':-. "',', ,', '."f.."
.~RY. .~.................................... .1985..
Ci of San Ber r ino 383-5385
Contzactots Name.. At.t;~Tlt.j.QfU.. .~ii1Ial. :c.Qn~:t'~l. .oiXe.ctQ:t'...... Phone 1)'f/.:'Jl.~~.~O.1e.........
, (PIouo bal...b...) , .,'", . c.
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Addre88.. ~.QP. .~.Q:t'~b. .~D.~. .stX:~Iat.I. . san .Bernardino.,.. CA... 9.2U8................................
Uceooo No. """ a..
The Contractor hereby agrees to furnish the service or rental 88 !IllJ'einafter set forth to the Department of'lianaportation
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 88 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 ~emoved from '
California State Highways in the San Bernardino' area, .in accordan~e
with the Contract provisions attached hereto and made a'part of .
this contract. . ,
. S.im .:{lll\:mah4j.1l9. . . . . . . . . . . . . .. . . .. CALIFORNIA.
. "
RATE PER MONTH: ---------------------- $25.00
TOTAL EXPENDITURES SHALL NOT EXCEED: $300.00
EFFECTIVE DATE OF CONTRACT:---------- July 1, 1985
EXPIRATION DATE OF CONTRACT:' ---------June 30,.1986
Payment will be made quarterly, ,in arrears , 'upon recei.pt of invoices
submitted in triplicate. '
In order to 'expedite payment, invoice letterhead lprinted or stamped)
s~l ~cffle~~nl of~JAil.ati,\\\eIiDF~'i tllbi w~y~.. set forth, and hereby agrees to pay the same,
provided that by mutual consent this agreement iDay be modified and that the State reserves the right to wrmin&w this
agreement upon written notice to the Conlnlctor.
IN WIT'NESS WHEREOF. the parties to these presents have hereunto set their hand the year and date first above written.
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DEPARTMENT OF TRANSPORTATION
CONTRACTOR
CITY OF SAN BERNARDINO.
... .ANIMAL .CON[,.ROI.. DIRECTOR................
Firm N....
By..................................................
Herberta M. Olive
Assistant District Contracts Officer By..................................................
.....................................................
Approved by .. . .. .. .. .. .. .. . . . .. . . . . .. . .. . . .. .. . .. . ..
Gustave J. Krug, Chief
Contracts/Support Services Section
EXHIBIT
Title or Position
. MAIL BILLS IN TRIPUCA11E TO:
DAS>OBM-IJIW (REY 11/14)
A
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.
...ih. Contractor eh.u kHP him.." 1u1l.A.nn..t of .1 extellligAfuture State and Federal Ill.. ~___, ,~.,
.. and municipal ordlnancaa and regulatlona Wh....-Jii..rwlllMllltlf'eff.... engaged or employed In the WOI1t. or the. .'
material a uaed In the work. or which In any way a'lfect lIla conduot of the work, and of all auch orders and decreeA of
bodies or tribunals having any jurisdiction or authority over the ..m" ~ ahall at all times obaerve and comply wl~h.
and ahall cauae all hla agenta and emplllJ_ to ob"",e .114 cOInll1Y WIth all auch "dating and future ..... ... ,
dinancea, regulatlona, ordera. and decreea of bodlea or trlbunala hevlng any jurladlctlon or' aUthority over the work;.
and shall protect and Indemnify the Stste 01 Cslifornla. and all officers and employees thereof connected with the
work, Including but not limited to the Director 01 Trenaportation end staff, against any claim or liability erising from or
based on the violation 01 any such law, ordinance, reguletion, order, or decree, whether by himself or his
employees. II any discrepancy or inconsistency is discovered in this conlract in relation to any such law, ordinance,
regulation, order or decree the Contractor shalllorthwith report the same to the State in writing.
. I \:. "
B.-The mentioning of certain statutes In thla contract ahall not relieve the Contractor IrPfu..!!!t reaponslbllltyof
complying with any other statutes epplicable to the service or rental to be furnished hereunder. .
C.-The Contractor shall indemnily the State agelnst ell loss and damage to the Contractor's property or equip-
ment during its use under this contract and he shall at his own expenae maintain such lire, theft, liability or other in-
surance as he deems necesaary lor his protection. The Contractor assumes ell responSibility which may be impos-
ed by law for property damage or personal injuries caused by defective equipment furnished under this contract or
by operations of the Contractor or his employees under this contract.' ' ,
D.-The cost 01 employer payments to or on bahalf of employeea, aubslstence. trevel. compenaatlon Inaurance
premluma, unemployment contributlona. aoclal security taxea. contract bond premluma, and any other taxea or
eaaessments INCLUDING SAlES TAXES required by law or otherwlae ahall be Included In thfl Pl:lce'bld and no addio,
tlonal allowance will be made therefor. unle~a aeparate ~~~Ill,~~lalo."ahould ap"~I~..!1y ~!d~~~~ ' . ..~,.~, .
E.-nlsexpressly agreed that all persons engaged on thla w\rk ~re employeea.of the\Contractor and that none
are emplpy"s Ofthe Department ofTfansportatlon ,ofthe State of Callfomla.. ", ,. "
~ .' - . . . ..' - ."." ---.- -.. - .-,-';' .. . ,. , .-. ." .. -.' -' . . ..; 'I"~ " _ . 1.
F.-The Contractor warrants, by.executlon of thla contract. that no person or selling agency has been employed or
retained to solicit or secure lhla, contract upon .an .greement or un<<!erstalldlng for a commission, percentage.
brokerage, or contingent fee, excepting bona fide employeea or bona fide established commercial or ..lIIng agen- '
cies maintained by the Contractor for the purpose of securing business. For breach or violation of this ~arrantytha
State shall have the right to annul this contract without liability, j)aylng only for the value 01 the work actua"y per-
formed. or In Its discretion, to deduct from the contract price or consideration, or otherwise recover, the full emount
of such commission, percentsge, brokerage or contingent fee.
G.-Pursuant to the euthority contslned In Section 5111 of the Vehicle Code. the Department has determined tllat'
within such areas es .re within the Iimlta of the project alld a,..open.to pUbllcJraflic,the Con,trllctor "'-1I1lO111P1y,,:
with all of the requirements set forth In DlvIslonsll, 12. 13. 14 IInd 15 of the Vehicle Code. The Contrllctor ahllll
tllke 1111 necessary precaution. for safe operation 0' his equlpment and the pfQiectlon of the, travellnllpubllc 'from 1ri,
jury anchlemage from such equipment. C .... - - ... ., '. ~ ., .. . .. _.. - .
T~,-!r. '~_"'-'___~"_'_ .... _.,:.'~.'
H.-ASSIGNMENT OF ANTITRUST ACTIONS.-The Contractor's a<<entll1llls directed to the foJlowlng.~lslonaof.
.flq,v!l[QlWln\ c~~s 4651 and 4552 (Stats. 1978. Ch. 414) which ahall be applicable to the Contractor and
"'..lWMnItAIKJbIt jJellc works contracts or to tl)e _bldd~r Of! contract., 19r fhe ,p!!rc!\ase .of qooda. I1lIlterlala or
aervlces: .' . ". ",.. "
'_ ,0 ,
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"In entering into a public worksco~tract or,a auboontraot to aupply gOQda.aervlces. or mater1als jiiriuantto a
public worka contract. the Contractor or alJbcantractor offers and allraea to ,lI!sslQllto the. awarcfilltl ~"alf
rights, title, and interest In and to all cau... of action It may have under Section 4 of the Clayton Act (15
iJ.S.C.$ec. 15) orAlnder the Carlwrlght "ot (Cha~f..2 (ClIIIImenclng.wIth;Sectioo.18700).ofPart.2 at DlvIaioo :
7 of the Business and Professlona Code). arialng from purchases of goods. aervlces, or, materlals~tto
the publiC works contract or the subcontract. This assignment ahall be milde and' become elfeCtive at the time
,theawarding body ~enders final payment to tba ContractC)r. ,.,lth~ further acknowledgement by Jhe parttea." .
"In .ubmltting e bid to a public llurchaelng body. the bidder ofleta and'il",eaa thilt it the bid la .~eiI.1t wDl
assign to the purchasing body all rlghl8, title. and Interest In and to all.cau88s of action it may heve 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 01 Division 7 of the Business and Professions Code); 'erlslng 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 et the time the purchasing body tenders final peyment to the bidder."
I.-In accordance with Government Code Section 14382, e Contractor who Is not a ,public entity, by eignlng this
contract, hereby swears under penalty 01 perjury thet not more than one fins I unappealsble finding of contempt of
court by a federal court hss been Issued against him within the Immediately preceding two-year period because of
the Contractor's lellur8 to comply with en order of a federal court which orders him to comply'withan order of the
Netional Labor Relations Board.
, hereby certify that a/l condilions for exemption sel forth in Slate Administrative manua' Section 1209 have been
complied with and this documenl is exempl from review or approva' by rhe budget slaff, Department of Finance.
SIONATlJAE OF OFFICER SIGHING ON 8fHAlF OF 7HE' AGENCY
DAS-OBM'1284 (REV. 3/84)
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