HomeMy WebLinkAbout17-Animal Control
cot OF SAN BERNARIOIO - REQU(JST FOR COUNCIL AOION
From:
Deborah L. Biggs
REC'O. - J8JII/ll:OfUQntract From California Department
1988 JUN 23 PM ~:oJ7 Transportation (Ca1 Trans) for
FY 89
Dept:
Animal Control
Date: June 10, 1988
Synopsis of Previous Council action: Since 1980 the City has permitted access to the
Animal Shelter freezer, by Ca1 Trans emo1oyees 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 1989 to be billed quarterly.
Recommended motion:
Adopt Resolution
~./~d
~ Signature
Contact parlon:
Deborah L. Biggs
Phone: 384-5275
Supporting dati attached:
yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Sourca: (ACel. NO.)
(ACCT, DESCRIPTION)
Flnanca:
'Councll Notal:
15.on2
Aoenrla It.-rn Nn" /.7-
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1
RESOLUTION 110.
2 PR<;()L~l'T'T(W OF THE CITY OF SA~i fmRNARflINO AUTHORIZING THE
RXTWUTION OF AN I\GREF.'1ENT WITH THE STATE OF CALIFORNIA DEPARTNENT
3 OF TRANSPORTATION FOR THE DISPOSAL OF ANJ!1AL CARCASSES FRO~1 STATF.
HIGHT,T.I\YS IN THE SAN BERNARDINO AREA.
4
BE IT RF.SOLVBD BY T<IE MAYOR AND CO!11-10N COUNCn OF THE CITY
5 OF .sAN BF.RNARDH10 AS FOT.I.OlliS:
6 SF.CTION 1. The City Administrator 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 highT-lays 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
14 adopted by the 'layor and Common Council of the City of San
15 Bernardino at a
meeting thereof, held on
16 the
day of
, 1988, by the
17 following vote, to wit:
18 AYES:
19
20
NAYS:
u _.___ _.....__,___._.,____ _ _ __... _'______'._._ .____..__.___________
21 ABSENT:
22
23
24
25
26
27
28
City Clerk
1
Lr'~:mw
1'>/22/88
,
o
EXECUTION
CARCASSES
OF AN AGREEMENT WITH STATE
FROM STAT.~ HIGHWAYS IN W<
(...J '4lrl
FOR DISPOSAL OF ANIMAL
BERNARDINO AREA.
o
1
The foregoing resolution is hereby approve~ this
day
2 of
3
4
, 19RR.
-
Mayor of the City of San Rernardino
5
Approved as to form
6 and legal content:
7 ~~
8 C' Attar e .
9
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Lt'l:mw
6/22/B8
o STATEOFCALlFORD
DEPARTMENT OF
TRANSPORTATION
.
o'
MAINTENANCE/THOMPSON
D1ST
....CT
UP_AUnt.
SPECIAL DESIGNATION
SUlhIOBlIO.
fIIW PARCEL NO.
LOCATION
8RlD6EMO,ETC.
08603
5DIOOO
Sheet ....L....
00.2....
................................
Co. Route P.M.
Cot
AMOUNT
0E8ITOR CRfDIT
ENCUMBMNCE
DOCllOIm
.......
...
SIC
E~
"-
....
7079
$500.00
FSJ
'''M
CHAPTER STATUTtS FtSCAL \'EAR
2660-001-042
135 1987 87/88
I hereby certify upon my own perlofllll knowledge that budpt<<t funda.,. avaR,,.
for the period and purpose 0' the 81tpendlture ,'atH above.
CI
Contractor's Name ....,..
89
MYR
COMMERCIAL SERVICE 8 4
CONTRACT NO. ... ........ ...IU;~L.......
Thle number to be pIM:ed on' aU JnvoieeI
. . . . . . ~~.I1. ~~.I;I}1)-r.q~I)!,. . . . . . .. ,CALIFORNIA,
.. .~~Y..~~......................... , 19 .~6..
:Phone . 7J.AnJl:t~ SP.'tll.....
(Pfeue biN.. above)
. . . . . . . . '. . . . . . . . . . . . ~ l . . . . . . . . ,.I. . .- ,". . .'
Address . .~3~. .IH9P.<l .1lilllk. Ro.<lq.. .S~n. .Eernardi.no,. LA.. .9.241.8.....".........",.........
License No. and CIaU
~ 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
~i\I\li\,
....~. prices named herein: Provide the Dept. of Transportation access to the City of
~ .; San Bernardino animal shelter, located at 333 Blood Bank Road, San Bernar-
~; dino, CA, for disposal of animal carcasses removed from California State
~~ Highways in the San Bernardino area, in accordance with the Contract
~t Provisions attached hereto and made a part of this contract.
>00 RATE PER MONTH:..................$35.00
~ ~ JOTAL EXPENDITURES SHALL NOT EXCEED:....$500.00
1~ EFFECTIVE DATE OF CONTRACT:.............June 29, 1988
:; EXPIRATION DATE OF CONTRACT:........... 'June~, no..GOMMENDEO
18 ~..._-
.: The said Department of Transportation hereby agrees to the terms as above set orth, and hereby 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
By . fftiioer'ta' M: 'Ol'fVe',' .!i.ss.fSian.'t......
Contracts Officer
Approved by ......................,.,........
Donna M. Rodriguez
Contracts/Support Services Officer
DA&OBM-1284 (REV. 8/86)
CITY OF SAN ~~~J~t~I~~
.............................................
FIrm Nam..
By
...,.... ~
...............
....................
.............................................
TItleorPoaitIon
.. MAIL BILLS IN TRIPUCATI! TO:
.
0- The Contractor shall keep himself fUllyQrmed of all existing aQture State and Federal laws and county 0
and municipal ordinances and regulations which in any manner affect those engaged or employed in the work, orthe
materials used in the work, or which in any way affect the conduct of the work, and of all suc~ 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 laws, or-'
dlnances, 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, 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 Contracto(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
imposed by law for property damage or personal injuries caused by defective equipment furnished under this con-
tract or by operations of the Contractor or his employees under this contract.
D.- The cost of employer payments to or on behalf otemployees, 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 noaddi'
tional allowance will be made therefor, unless separate payment provision should specifically be provided for,
E.- It is expressly agreed that all persons engaged on this work are employees ofthe 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 ofthis 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 deductfrom 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 Department has determined that
within such areas as are within the limits of the proie.ct. and are open to public traffic, the Contractor shall comply with
all ofthe requirements setlorth in Divisions 11, 12, 13, 14 and 15 ofthe Vehicle Code. The Contractor shall take all
necessary precautions for safe operation of his equipment and the protection of the traveling public from injury and
damage from such equipment.
H.- ASSIGNMENT OF ANTITRUST ACTIONS.- The Contracto(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 contracts 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. 1 5) 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, services, or materials pursuant tothe publiC
works contract or the subcontract. This assignment shall be made and become effective atthe time the award-
ing body tenders final payment to the Contractor, without further acknowledgement by the part.ies."
"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 a.~j Professions Code], arising from purchases of goods,
materials, or services by the bidder for sale to the purchalling 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."
1.- 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 Contracto(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.
I hereby certify that all conditions for exemption set forth in State Administrative manual Secfion 1209 have been
complied with and this document is exempt from review or approval by the budget staff, Departmenf of Finance.
SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY
OAS.QBM.1284 (REV. 8/86\