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HomeMy WebLinkAbout34-Animal Control . - L L CITY OF SAN BERN~DINO - REQUEST A;M COUNCIL ACTION Fe: Dept: Deborah L. Biggs Animal Control Subject: Contract From Cal ifornia Department of Transportation (Cal Trans) for FY 90 Date: May 24, 1989 Synopsis of Previous Council action 7-5-BB-- Resolution BB-226 approving the contract with Cal Trans for the disposal of animal carcasses was adopted. o Adopt Resolution us :;D ..,., 1"'1 ~ .. .... d c: . "'" I I :1;>> W (;I ~ ~ % Recommended motion: ~ ~ N ...... {:') <0 _I.j .~.. ~r . .~ ..~f.J<"') '0 ' _.-'A,~ ,.~ ~., - Signature Contlct plrlon: Deborah L. Bi ggs . Phonl: 384-5275 Supporting dltl lURChed: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) C~c" Not.s: Fln.nc.: .6.,..nt4.lt_"" MI'l ..31/ - .J1 u - - L CITY OF SAN BBRNiRDINO - REQU.ST ~ .COUNCIL ACTION o STAFF REPORT Since 1980 the City has permitted access to the Animal Shelter freezer, by Cal Trans. employees 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 1990 and is to be billed quarterly. o o DB/dys 75-0264 o o o o. o 1 RESOLUTION NO. 2 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 8ERNARDINO AREA. 3 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 5 OF SAN BERNARDINO AS FOLLOWS: 6 The City Administrator of the City of San SECTION 1. 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 12 as 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 the 16 day of , 1989, by the following vote, to wit: 18 17 AYES: Council Members 19 20 21 22 23 24 25 26 27 28 NAYS: ABSENT: City Clex-k II I I I I I I I I I I I I I I I I I I PZ/dys June 9, 1989 1 c 10 11 12 13 o 14 15 16 19 25 26 C 27 L RESOLUTION.~UTHORIZING THE.EXECUTION~ AN AGREEMENT WITH THE STATE OF CA~FORNIA DEPARTMENT OF TRAN~RTATION FOR THE DISPOSA OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. 1 The foregoing resolution is hereby approved this 2 of , 1989. 3 4 5 6 7 Approved as to form and legal content: 8 JAMES F. PENMAN, City Attorney 9 ..yO"'Ab~ ) 17 18 20 21 22 23 24 28 PZ/dys June 9, 1989 day W. R. Holcomb, Mayor City of San Bernardino 2 o o STATE OF CALIFORNIA Sheet 1 ........... of 4 c DEPARTMENT OF TRANSPORTATION c;................~............... P.' Mtce/Thompson ...'" - DP.AU1M SI'lClAlllOlllMfIlNI "" "MWI 1"'_ !! Sua.Jq .. _Nf ASCAL """;~"Q l>>ST I UNIT OIST IUMI' IVW 'Wft... ....CT OUII'CMCIlIEDII' .... ......- SIlo - WQllla_11tO. e UXA,TlON "" _MO.'" ft .. 60< <;n1000 I 707'l <><>'<>Q 08 -- . .... I # "/fl.(), oc) . ..... 08 603 -- 5.D1000 t 7079 89/90 ,.. ITEM ClW'TER STATUTES' FISCAt.YEAA Commercial Service 2660-001-042 313 1988 88/89 OllE480 . CONTRACT NO. . ..,. --. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. o' , ".ntbr c.,tity UPCNI my OW" pena,,_lrnowMdge tltalOutfVlNed III,.,. aN _alia",. ". number to 1M ~ on ad imoc:.. lor th. jMtiod ptJ puIpOM 01'''' ..~"djfu,. .tatftd ftlGN. SIGH.TURE OF 4CCaUHnNG OFFICfil GATE San Bernardino , CALlFORNI,d /) ................................ y,.cJo (u... ') i) S.Ir.-I"I .lt14":/. .J...q.,........... ................... 0'....0.. 8Q , 19 . ~.. 11 Contracto(s Name c;: ~.t.Y .9.f, ,9?P. .1}~F.r:'H?.i.1}9. . . , . . . . . . . . . . . .. . . .. Phone 7A 4 ( ?8.4:- ?O. H. . . . . . {PlHMblll.. ~ : · k": :::~~=' ~:' ~.::~'::"~: ':"~:"~'~:.:;' ~. ;~:i. 0.. s. Department of Transportation in accordance with the provisions on BOTH SIDES of this form and or ~ th~ attached sheets, if any, and he agrees to rece!ve ~nd accept as full <:ompen~tion thArefor thE ...... prices named herein: Prov.~de access to the C~ ty 'of .San Berna+d~no an~mal shel ter, Qt 333 Blood Bank Road, San Bernardino, CA, for the disposal of animal ~o carcasses removed from California State Highways in the San Bernardino . area, 10.- .0 .., .~ ..... SJ Rate Per Month: $35.00 Total Expenditures Shall not Eff.ective Date of Contract:' Expiration Date of Contract: Exceed: $420.00 June 29, 1989 June 28, 1990 AFffiOV At. RE:C01\otL1I2,',jfJED The said Department of Transportation hereby agrees to the terms 8$ above setforth, and hereby agret;ls to pay the same, provided that by mutual consent this agreement may be modified and that the State reserves the right tc terminate this agreement ul:!on written notice to the Contractor. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hand the year and date firs: above written. DEPARTMENT OF TRANSPORTATION CONTRACTOR CIX.Y.: .OF. .sAN. .aERNAaO.4'lO. J\.Nlt1i\.L. SH.ELTE.F ..... H.... By o. ... ......... ........... ...... ............... Herberta M. Olive Assistant Contracts Officer By. ..... ....................... ... ............ ....... c Approved by .................................................. nu. ()f Po.lllOl'l ..,............................,.......... .... MAIL BILLS IN TRIPUCATE TO: Kathleen D. Sansone District Contracts Officer DAS.OBM.' 2t!<< (RE'I. SillS) c o c o o A- The Contractor shall keel> him:;elf fully inf.>rm"d cf all existing and Mure State and Federal laws and cour.ty and municiparordin~ncesand regulations which in any manneraifec: those engaged or employed intheWdrk, orthe materials used in the work, or which in anyway affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority "ver the same. He shall at all times observe and comply with. and shall cause all.his agents and employee:> to obserle and comply with all such existing and future lawS; or.. dinances. regulations, orders, and decra as of bodies or tribunais having any jurisdiction or authority over the Work; and shalf protect and Indemnity the State of Caliiomia and all officers and employees thereofoonne<;ted with the work, including but not limited to the Diractor of , ran sport at Ion and staff, against any claim or i1apility arising from o. based on the violation of any such law, ordinanca, regulation, order, or decree, whether byhimselt drhis 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 lorthwith repdrt the same to the State in writing. 8.- The mentioning of cartain statutes in this contmct shail not relieve the Contractor from the responsibility of complying with any other statutes appiiC3iJle to the service or rental to be furnished hereunder. C.- The Contractor shail indemnity the S!3t'~ against ail less and damage to the Contractor's prdperty or eqUip- ment during its use under this contract and he ai-.ail 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 parsonal injuries caused by defective equipment furnished under this con- tract or by operations of the C.:mtractor or hiS ,;mplo'i~~S under this c~ntract 0.- The cost of employer payments to or on bet:aif of empfoye~e. 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 otherNise shall be included in the price bid and noaddi- tional allow",nce will be made therelor. unless se::arate payment proviSion should specifically be provided for. 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 Transportation of the 5ta-te of California F.- The Contractor warrants, by execution olthls contract that no person dr 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, excepti"G bona fide employees or bona fide established commercial or selling agen- cies maintained by theContractorforthe purpose of securing business. For breach drvlolationoflhiswarranty the State shall have the right to annul this contract without liability, payif1l; 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 lee. .. 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 "f the project and are open to public traffic, the Contractor shallcomplywith all of the requirements set forth in Divisions 11, 12. 13, 14 and 150fthe Vehicle Code. The COntractor shall take all necessary precautions for sale operation of his equip'llent and theprotec:ion of the traveling public from injUry and damage from such equipment H., ASSIGNMENT OF ANTiTRUST ACTIONS.- TheContracl(!r'satlention is dIrected tothe following provisions of Government Code Sections 4551 and 4552 (Stats. 1978, eh. 414) which shall be applicable to the Contraclor;md his. subcontr?-ctors on publiC works oontracts or to the bidder on contracts for the purc~ase 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 ClaytonAct(15 U.S.C. Sec. 15)or under the Cartwright Act [Chapter:1 (commllncing with Section 16700) of Part2 of Division 7 of the Business and Professions Codel. ariSing from purchases of goods, services, or materials pursuant to the publio works contract or the subcontract. This assignment shall be made and become elfective atthe timethe award- ing body tenders final payment to the Contractor, without further acknowledgement by thl! parties." "In submitting.. bid to a public purchasing body. 'he bidder oHers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and ir.terest in and to a!l causes.of actionlt may have under Sec- tion 4 01 the Clayton Act (15 l.!.S.C. Sec. 15) or unr.!er the Cartwright "'.ct [Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the eusine~s and Professions Codel, arising frOm purchases of goods, materials, or services by the biddllr for sale to the purcha~ing 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 .ncr more than one final unappealable finding of contempt Of court by a federal court has been issued againsth:m within the immec!iate!y preceding two-year period because of the Contrac:or'sfailure to comply 'NitMan order ct 3 !ederal court which orders him to comply with an order of the National Labor Relations Board. I herebyc.ertify that all conditions for exemption 3Rt /orrt);n Sfate.4ljminis~rative manual Secti"ln1209 have been complied with and this docum&nt is exempt/rom :"vie", or approval by the bugget slall, Deparlrr_e!'.t 01 Finance. ------_. --..---..-'------ --._- - SIGNA tURf! OFOUICER smNiN~ OHBEHAV O~ THE AGENCY c o c 1 o o Contract Sheet~of 4 Contract No. 08E480 ARTICLt I - DESCRIPTION OF WORK A. 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. B. This contract may be cancelled by either party by giving notice, in writing, to the other party. }l.RTICLE II - GENERAL The Contract Administrator for this contract is Mr. Walt Thompson, telephone number 714/383-4427. ARTICLE III - 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 conditiori, 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 subcontJ:'actors 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 Administrative Code, 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 Administrative Code 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. o o o Contract Sheet~of~ Contract No. 08E480 ARTICLE :!;V - PAYMENT A. Payment will be made quarterly, in arrears, up~nreceipt of invoices submitted in triplicate to: o Department of Transportation 247 West Third street San Bernardino, CA 92401 Attention Accounting B. In order to expedite payment, invoice letterhead (printed or stamped should read the same as the name on the contract. . 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 $2.50) . 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. 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-oi-one percent (minimum $2.50). 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. E. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of congressional or leqislative 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. F. 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. G. 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. c c c I I I I I Ie I I I rn tL u.. o o Contract Sheet~of~ Contract No. 08E480 ARTICLE IV - PAYMENT (Continued) H. 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 V - DISPUTES A. Any dispute concerning a question of fact ar~s~ng under this contract that is not disposed of by agree~ent shall be decided by the State I 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.