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HomeMy WebLinkAbout06-Animal Control CITY OF SAN BERN<JDINO - REQUEST FM COUNCIL ACTION .' Jate: 6-15-94 Subject: Resolution authorizing the execution of an agreement with the State of California Department of Transportation for the disposal of animal carcasses from state hi9hways in the San Bernardino area. =,om: Deborah L. Biggs Oirector of Animal Control Jept: Animal Control iynopsis of Previous Council action: Council has renewed contract each year since 1980. Recommended motion: Adopt resolution .(~~M_~ .~ Signature Contact panon: Deborah l~ Bioes Phone: 3R4-'i?7'i Supporting data attached: yes Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Note.: 75.(1161 Agenda Item No. ~. CITY OF SAN BERNODINO - REQUEST Fry COUNCIL ACTION STAFF REPORT Since 1980, the City has permitted Cal Trans employees access to the Animal Shelter freezer for the purpose of depositing carcasses removed from the state roadways. Cal Trans deposit approximately 30 dead animals per month, a small fraction of the 1400 dead animals from all other sources. The present cost of the department's dead animal disposal is $900 per month for D & D Disposal. This does not include electricity or staff time. 75-0264 ,.- v -....;' 1 2 3 4 5 6 7 8 9 RESOLUTION NO. RESOWTION OF THE CITY OF SAN BERNARDINO 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. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor 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 10 highways in the San Bernardino area, a copy of which is 11 attached hereto, marked Exhibit "A" and incorporated herein by 12 reference as fully as though set forth at length. 13 SECTION 2. The authorization to execute the above 14 referenced agreement is rescinded if the parties to the 15 agreement fail to execute it within sixty (60) days of the 16 passage of this resolution. 17 I HEREBY CERTIFY that the foregoing resolution was duly 18 adopted by the Mayor and Common Council of the City of San meeting thereof, held on the 19 Bernardino at a 20 21 / 22 / 23 / 24 / 25 / 26 / 27 day of , 1994, by the following vote, to wit: 6-23-94 -1- 28 ~ - v '-'" 1 2 3 4 5 6 7 8 9 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 ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. Council Members: ~ ~ ABSTAIN ]>.R<mI7r NEGRETE CURLIN HERNANDEZ OBERHELMAN DEVLIN 10 11 12 13 14 15 day of 16 17 18 19 20 21 22 23 POPE-WDLAK MILLER CITY CLERK The foregoing resolution is hereby approved this , 1994. TOM MINOR, Mayor City of San Bernardino Approved as to form and legal content: JAMES City F. PENMAN ttorney () . j...~ By: 24 25 26 27 6-23-94 28 -2- _ Cont:rac~or _ ca1~ran. _ D.p~. of Gen. Ser. _-Cont:ro11er _ Admin. Maintenance/Thomnson ...... -'" Shee~ 1 of fi - co. RTE. P.M. DBPARTJIJDIT 01' TR.UfSPORTATXON SOURCE CHARGE EllP. AUT" SPECIAL DESIGNATION Cl8JECT _T FISCAL ENaIlBlIAIICE FUIlDIIG: DIST UIIIT DIST UIIIT GElLED "-ActT "-JCl8 WO./IN DEBIT OR tiED IT TEAR WlIRl ORDER WO. PARCEL WO. LOCATION os 603 -.. .n 5Dl000 7D79 S 600.00 94/95 - STATE - oIOIIT - FEDERAL .. -.. ..... ITEM ! CHAPTER! STATUTES! FISCAL YEAR! I 2660-001-042 I I 1995 I 95/96 1 II h.reby c.rtify upon "'I' -. pe........1 '_ledge ~het budllet~ funds I I .re .velloble for the period end purpoH of tile ~it..... st.ted _I I SIGNATURE OF A I 1 I CONTRACT NO. 08J247 SAN BERNAROINO. CALIFORNIA DATE June 23. 1994 Con~ractor'. . Phone'9091384-5275 Address 333 Blood Bank Road. San Bernardino. CA 92408 Licen.e No. and C1a.. The Con~ractor hereby agr.e. ~o furnish ~he service or rental as hereinaf~er set for~h to the Depar~ent of Transpor~a~ion in accordance with ~he provi.ion. on BOTH SXDBS of this form and on ~he a~~ched .heets, and he aqrees to receive and accept a. full coapen.a~ion ~herefor ~he price. n..ed herein. The considera~ion ~o be paid con~ractor, a. provided herein, .ha11 be in coapen.ation for ~a11 of Contrac~or'. espen.e. incurred in ~he ~..... performance hereof, inc1udinq ~rave1 and per -J di_, un1e.. otherwi.e ezpre..1y .0 provided. No a1~era~ion or varia~ion of ~he ~eras of ~hi. cont:ract .ha11 be valid un1e.. ..de in wri~inq and .iqned by ~he per~ie. here~o, and no oral under.~ndinq or agre_ent no~ incor- pora~ed herein .ha11 be bindinq on any of ~he par~ies here~o. The .aid Depar~en~ of Tran.por~a~ion hereby aqree. ~o ~he ~erm. a. .e~ forU herein, and hereby aqree. ~o pay ~he ._e, provided tha~ by au~ua1 wri~ten con.ent ~hi. agre_en~ ..y be .odified and ~ha~ ~he S~a~e re.erve. ~he riqht to ~erminate ~hi. agre_en~ upon written no~ice ~o ~he Cont:rac~or. IN WITNESS WHEREOF, the pertl.. to th... pr....t. hew h........to set th.lr bend the year end dot. first _ writt... DBPARTJIJDIT 01' TR.UfSPORTATXON CONTRACTOR EXEMPT DOH DBPART- MENT 01' GBHBRAL SBRVJ:CBS APPROVAL. - u .t: -;;~ ._ Gl O.~ >-.::t: 4:l0 .,,~ I u e - .- c: ~ 0 Ill:U By SAN BERNARDINO ANIMAL SHELTER Berber~a M. Olive As.i.tant contrac~. Officer By Title or Position Approved by L. A. McMurry Dis~ric~ Cont:ract. Officer DAS-OBM-1284 (REV. 6/89) Federal 1.0. Number 4. tI.e bM.t.' ... ~...!!II:!M!I !!:!l11!lf~ of iaII-,.n"!' lU.,. '~_H, , ...- _ m.......,... _11__ ud ~-.wbicb in any _.....- affect tboIe ~ or _ployed in the WOI'''' Ole - ~ or tri.... -9inIany JuriI4...".4ID or authority o..er the_ Be sbaJI at ~ 0Mer'fe and _~ly with, and sbaJI- all his..... ud _pIoyem to 0Mer'fe and _ply with all such -....IIlI and future laws, ord,BA_. 'reguIaIioDs. orden, ud ~ or boc\iIlI or tribuDals -9inI any jurisdidion or autboritJ - the work. If any c\iscrepaIIC:I' or incoDsistenC:I' is disco-.ered in this contrad in reIatioo to any such law. orotln.1Ift, 1'ell',1..u..,. ankI' or'decree the CcmandOI" sbaJI forthwith report the same to the State in writing. B. TIle CcmandOI" ...- to inll-nity. defend ud 18ft harmless the State, its ofru:ers. ..... ud _ployem from any ud all cIaimI ud ~ occurriDI or l"flI\J!".. to any ud all cootndOn. su\M:ODII'8dOI'. materi8lmen. laborerS and any othIIr ....oP. firm or awporatiaD fum/"hl.. or IUJlPlyiDc -"- - ,.iaI. JDIIteria\I or IUJIIllielin ~ with the performance of this cuatract. and from any and all claims and 1- occurriDI or resulting to any ~ fum or corpontioa who may be il\iured or c\amlIged by the Contractor in the performance of this c:ontnet. C. The _tiOniDI of -wa Ilato.- in this contract sbllll not relie-.e the ContrlldOr from the responsibility of complying with any other statutes applkable to the ser'fice or rentIII to be fumisbed bereunder. D. Tbe CoatrlldOr sbaJI ioII-nify the State apinst all loss and c\amlIge to the Contractor's property or equipment during its use under this contract and be sbaJlat his own expense maintain such fU'e, theft, liability of other insurItDIle as be deems..... .,. for his ~. The CoatndOr __ all responsibility which may be inlJaed by law for property daJIIa&e or personal il\iuries ~ by defectift equipment fumisbed under this contrad or by operations of the CoatrIIdOr or his _ploy_ WIder this contract. E. Tbe cost of _pIoyer payments to or on bebaIf of _pIoyem. su\Jsistenl:e, tra-.el. _pensation insurance prmd'-;'" _ployment cootributions. social security tIlles, contrad bond prstiWIII. and any other tIllell or ... - INCLUDING SALES TAXES required by law or otherwise sbaJI be incIuded,.in the price bid and 110 additioall allowance will be made therefor, unless separate paymmt promon should specifu:ally be prorided for. F. The CoatrIIdOr, ud the IImts and _ploy_ of CoatrlldOr, in the performance of this &peBDent, sbaJlul in an independent capsdty ud IIOt as orru:ers or _ploy_ or lIents of State of California. G. TIle Contrador warrants, by eDCl";"" of this contrad that 110 penon or sellinllleRq ... bet!II -pIoyed or ,....1...... to solicit or IKUI'e this cootract upon an qresnent or understanCIinI for a <:"",_;"';011. pen:eatale, broJun&e, or -".- fee, "'~.. bona fide _ployem or bona fide establis""" .........-w or seIIinI.,eades maintained by the CoatradlII' for the purpcIIt of securiD& bJ.cI- - For breach or rioIation of this warrantJ' the State sbaIl_-.e the riabt to ....... this contrad without liability, payiDg only for the -.alue of the work utu.ny performed. or in its disa'etion. to dedud from the contrad price or llOIISideration. or otherwise reco..er, the ful18D1Ount of such commission, percentqe, bnJkeraIe or cortl..ent fee. B. Pursuant to the authority eont.l...... in Section 591 of the Vehicle Code, the Departmt!IIt ... detenDined that within such areas as are within the linJits of the project and are opt!II to public traffIC, the CoatrIIdOr sbaIl_ply with all of the requir.-tI set forth in Dirisions 11, U, 13, 14 and 15 of the Vehicle Code. TIle CoatndOr sbaJI tske all .... .,. JII"lC"...u.- for safe operation of his equipmmt and the protectiOll of the tra-.eling public from il\iury ud daJIIa&e from such equipment. L TIle State may tenJtiMte this ....... and be reIiend of the payment of any consideration to CoatndOr sbouId Contrador fan to perform the CO'f8WIts benin corhl...... at the time and in the -- benin prorided. In the e-.ent of such ter-h.tMn the State may .....ceed with the wwk in any"""" .......... proper by the State. TIle cost to the State sbaIl be deo'-...."" from any _ due the Contrador under this ...__t. ud the ba......., if any, sbaJI be paid the ContradOI' upon 11-_"". J. Without the writtIII ~ of the State, this .... eement is DOt assipable by CoatrlldOr either in wboIe or in part. K. Tlnte is of the essBtce in this ~",t L. In ~ with Public Contract Code 102H, a Contractor who is DOt a public entity, by slpiDc this cootrad. hereby swears under pea1ty of peri...., that DOt more than _ fullll W1appeslable fJDCIiDI of cont8Dpt or court by a fedenl court ... bet!II issued apinst him within the jo-uodl.teIy prececJI.. two-yesr period bel2use of the CoatndOr's failure to _ply with an order of a fedenl court which orden him to -ply with an order of the Natioall Labor p....w. Board. DAS-OBM-U84 (REV. 6/89) ~ l ......., -, '-" Contract Sheet~of~ Contract No. 08J247 ARTICLE I - DESCRIPTION OF WORK The city of San Bernardino shall provide the Department of Transportation with 14 keys to the animal shelter, which State forces will use to dispose of animal carcasses. The city shall take possession of animal carcasses removed by State forces from State highways in the San Bernardino area. ARTICLE II - CONTRACT MANAGER The Contract Manager for the State is Mr. Walt Thompson, telephone number (909)383-4427. ARTICLE III - PERIOD OF PERFORMANCE A. This contract shall begin on July 1, 1994 contingent upon approval by the State and shall terminate on June 30, 1995 unless extended by supplemental agreement. B. The Contractor is advised that any recommendation for contract award is not binding on the State until contract is fully executed and approved by the State. ARTICLE IV - RATES/COST LIMITATION A. Rate per month is $50.00 which shall include all animals taken to the Shelter. B. Total amount of this contract shall not exceed $600.00. ARTICLE V - PAYMENT A. Payment will be made monthly, in arrears, upon receipt of signed invoices submitted in triplicate. Invoices shall reference this contract number and be submitted to the Contract Manager at the following address: Department of Transportation P. O. Box 231 San Bernardino, CA 92402 Attention: Mr. Walt Thompson B. In order to expedite payment, invoice letterhead (printed or stamped) should read the same as the name on the contract. .,- -, '-' -..I Contract Sheet~of~ Contract No. 08J247 ARTICLE V - PAYMENT (Continued) 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 $5.00). 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. 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. E. 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. F. 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. G. 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 VI - CHANGE IN TERMS/TERMINATION A. The terms of this agreement may be amended or modified only by mutual written agreement of the parties. B. The Department of Transportation reserves the right to terminate this agreement upon thirty (30) days written notice to the Contractor. -- -- - Contract Sheet~of~ Contract No. 08J247 ARTICLE VII - 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 Code of Regulations, 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 Code of Regulations 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. ARTICLE VIII - RETENTION OF RECORDS/AUDITS , For the purpose of determining compliance with Public Contract Code Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq. , when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 10532, the Contractor, subcontractors and the State shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period for three years from the date of final payment under the contract. The State, the State AUditor, FHWA, or any duly authorized representative of the Federal government shall have access to any books, records, and documents of the Contractor that are pertinent to 'the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested (Government Code Section 10532). ~~ .., -- '-' 5 6 Contract Sheet____of____ Contract No. 08J247 ARTICLE IX - DISPUTES A. Any dispute concerning a question of fact ar1s1ng under this contract that is not disposed of by agreement 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. ARTICLE X - MBE/WBE/DVBE PARTICIPATION (NO GOALS) The State has established no goals for the participation of MBE/WBE/DVBE in this contract. However, the Contractor shall be fully informed respecting the California PUblic Contract Code Section 10115, et seq., which is incorporated by reference, and is urged to obtain MBE/WBE/DVBE participation should clearly defined portions of the work become available. ARTICLE XI - PAST DUE RECEIVABLES Should cities or Counties fail to pay monies due the State within 30 days of demand or within such other period as may be agreed between the parties hereto, State acting through the State Controller, may withhold an equal amount from future apportionments due Cities or Counties from the Highway Users Tax Fund. \ '-, ..-. -- Contract Sheet ~ of ~ Contract Ho. 5TXl'E cr CA:":FCR.:l:A - CEi',\RTHENT or TRANSPORTATION I'RE\',\ILI\G WAGES \OT REQL'lI{ED ;\lJM.I~(l(li:-';l'\\ .; q':J J.\.\Tli.L-c:tIU.\.c,: L ,\,' ,11 ,-ILL 1~1 ,1:(' "".:('11 m.~ ~uJllrtK;S ""1 ft.'tJlIlrmg !,Telmj'm:.,' :'"':.:"'l'.\': S.nh w .\illlclT JJ f/'~,blic Hark.\"1 "COlu-trw:lllJlJ" ,:OW'd"'.\" Idll!r.! Ih.: (;OIlIrudu,'s bid umuultl is 1t'5!i Ihem S=5.~{;fi; cr fvr :hesl.' U:gIH 4~r a~l.r Clt!uruIIL'~; /)"'!UO!ijiOl:, Hight I.~/ Iii.-:-' /)rflpcrty .\I.;:ll.''.:I!1n':lIt. Opl!rtJ.leJ U.::m\ c:.~. !~'{illii"mc;j; j~f.'J11al Cll;;r,/t :~'. /Jl1d COlr.mtirc:u! Sc.'1;'c,: C;d"r.~c..<:: I f.,...;.:. p:ilmi"t1:~ and tt....:cfr:'cul rqullT l.~;"":l! :~'..;rk i il'fIiCfz t/i:(un~:"~I.~J aht.'fiii/tiH. dt."~:(.<::;rll or repair a'or/.;.. ~\'i;ere:;: rhe cul:rru:;or's hi": ,m:owll i.<; ,'I'S~ them 515,1j&0. HOL'RS OF L\BOR Even though the California "Public Works" I'revailing wage stand:lrds do not al'I'ly to this contract, the Contractor's cmployees are still affordcd proteclion under the State ~linimum \Vaee Order aador one of the Induslri"i WelCare Cominission Crllers, 1':1C Contractor is encouraged to contract the Division of Labor Sland:lrds Enforcement, P,O, Box 420603, Snn Francisco, CaliCornia 94142-0603, or one of its hrnnch offices, if they hnve any questions or need ndditionnl information relntive to hours of lahor, EMPLOYME~T OF APPRENTICES To insure compliance and complete understanding of the Inw regarding apprentices, and specifically the required ratio thereunder, each contractor or subcontractor should, where some question exists, contact the Stale Division of Apprenticeship Standards, P.O. Box 420603, San Francisco, Califomin 94142-0603, or one of its braach offlCCs,prior to commencement of work on public works contracts. Compliance with Section 1777.5 lies with the prime contractor. WORKERS' COMPENSATION The Contractor's signature affIXed herein shall constitute a certification under I'enalty of J'Crjury under the laws aC the Slate of Californi:I, thm the Conlraetor is nWlIfC of the I'rovisions of Section J7lJO of the I.:,!>." ("ode which re'luires every employer 10 he insured lIll"instliahililY for workers' ""nll','ns.llion or III und,'rt:,ke sclf.in.~uranee in :Il'Cnrd:lRee wilh pru\'isillns Ill' th". clldc and "Ilrees III """'l'ly wilh sudl rrn\"i"iuns hdi're "'nmmcn,,'inJ: the pc"rfuulI;an\.'\.' nf 1111..' """IL ,,(.hi... "'''lIlr;","!. ASSIG~:\IE:\T ACTIONS A:\iT I "fifC ST OF TIle Cl,.)ntiOlct0.r's :Itlcntion is Jin..'ctcJ in .t:-: rl~l~~wir.~ ' , f C' I C .1 \,' ";'"'In"' ',.... '...... ~ .... . rrOVISlOns n .JO\'lrn:ncn ,IUC . '1.:(,: 1I, ."'... _....... ....... ~~~"j ",hieh shall be arr1ici:bIc Il' I~C C'nl<<K:,'r ::~" subcontrnctnrs un ccntr,tcts for l;:c rUrl::1:tsc ef ~'Jl.'J~, m:ltcri~l~ or scr,:iccs, "In submillin~" hid to "public pure!l"sing hoc\', the bidder offers and ~;ccs that ii ~he bid is accc?tcd. ii wii~ assign te the purchas;ng !>ody all rights, title, ;,,,d inlerest in anu to all causes oC action it may have under Section 4 o( the Clnyton Act (15 V.S,C, Sec. 1~) or under the Cartv.Tight Act (Chapter Z (commencing with Section 16700) of Part 2 of Division 7 of the Business nnd Professions Code I, arising from purchases of goods, materiais. or services cy the bidder Cor sale to the purchasing body I'ursuant to the bid. Such assignment shall be made and become eCfective at the time the purchasing body tenders final pnyment to the biddcr." "If an awaruing !>ouy or I'ublic purchasing hody receives, either through judgment or settlement. a monetary recovery 'for a cause of aL1ion assigned under this chapter, the 'assignor shall be entitled to receive reimbursement Cor Betnallegal costs incurred and may, upon demand, recover . from the public: body any portion of the recovery, includi~g treble damages, aUnDutable to overcharges that were paid by the assignor but \\'Cre not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the r=JVery." ," .. "Upon demanu in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause oC action assigned under this part If the assignor has been or may have been injured by the violation oC law for which the cause of action arose and (a) the lIssignee has not been insured thereby, or (b) the assignee declines to file a court action far the cause oC action." BONDS I .~:- If ennlrncl !>.'nd~ lire required, alteration5, cxh:nsions oC lime. "xtra and ndditionnl work. and "Iher aUlhorized <"'nlmL.t ehanlles may he made without SL.'Curing conscnt "C Ihe sureties on said !>.'nds. t' 'k.:.;;: