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HomeMy WebLinkAbout18-Animal Control CiTY OF SAN BERN.DINO - REQUEST FOI COUNCIL ACTION From: Deborah L. Biggs Dept: Animal Control Subject: Contract from California Department of Transportation (Cal Trans) FY 92 Date: May 6. 1991 Synopsis of Previous Council ection: Council has renewed contract each year since 1980 Recommended motion: Adopt Resolution ~ n . . v-r><L-r-h j{ '-64~ Signature Contact panon: Deborah L. Bi22S Phone: 184-1)771) Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) FlnBncB: Council Notel: It.. ___...._ 1.__ "1_ J9: C'ITY OF SAN BERNADINO - REQUEST FGI COUNCIL ACTION 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 $42.00 per month for the FY 1992 and is to be billed quarterly. 75-0264 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o RESOLUTION NO. 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. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The city Administrator 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 highways in the San Bernardino area, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common council of the city of San Bernardino at a meeting thereof, held on the day of , 1991, by the following vote, to wit: / / / 1 6 ESTRADA 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 MILLER . 1 2 3 4 5 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o 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: NAYS ABSTAIN AYES CITY CLERK The foregoing resolution is hereby approved this day of , 1991. W. R. HOLCOMB, Mayor city of San Bernardino Approved as to form and legal content: JAMES F. PENMAN C1'}~=~ By: .'1-:>? ~~ 2 . 0 CON1RAcTOR o CAL TRANS o DEPT. OF GEN. SEA. o CONTROLLER o ADMIN. c;la intenance/W. Thanpson o STATE OF CALIFORNIA 0 DEPARTMENT OF TRANSPORTATION Sheet ......1..... of ..I!...... ................................ eo. Route P.M. .. i - ......- .......... IWW PMCEL 10. ....- _.. m:. ....... _IT .M 011 CJlEDfl' ....... .... DaIlllll'WtCIE ........ - FUNDING: UP. AUnt. 08603 501000 7079 $504.00 91/92 Ai4 e9STATE o JOINT o FEDERAL ITEM 2660-001-042 CfW'I'ER IfAtUTU FISCAL YEAR 467 1990 90/91 CONTRACT NO. 08G443 ............................. I ".,.",cerllly upon m,own""""" l'nowfIcfte"., ~ lundl.,....... tot rite".,. purpou 0' rite npetICHtuN.,.., abol'& Th. ......w to be t*cId on 8111nYo6ce1 .~I':I.~~fl.l'l~fl.QINQ............... . CALIFORNIA. Date ... .AJ?x:i. ~ . ~~ t .1 ?? ~ . . . . . . . . . . . . . . . . . . . . . . ... !=.i~y. ?f. .s,a.11.~~'!~~9<? .~!~L ~!t!:!n!:!F....... Phone.. n~(.3.8.4.-.5.0.4.8....... l_blI.._ Address .. ~~~. p.l?o? .~~ .~'l'!4.. .~9. .~~!?j!'l?I. f:A.. .9.2.~q~.................................. Ul>>nM No..... c.... The Contractor hereby agrees to furnish the service or rental as heralnafter set forth to the Depart- ment of Transportation In accordance with the provisions on BOTH SIDES of this form and on the atteched sheets, and he agrees to receive and accept as full compensation therefor the prices named herein. The consideration to be paid Contractor, as provided herein, shall be In 0 _ F_ compensation for all of Contractor's expenses Incurred In the performance _"'_80__l hereof. including travel and per diem, unless otherwise expressly 80 provided Noaiteration or variation of the terms of this contract shall bevelld unle.. made In writing and signed by the parties hereto, and no oral underatandlng or agreement not Incorporated herein shall be binding on any of the parties hereto. The said Department of Transportation hereby agrees to the terms as setforth herein, and hereby agrees to pay the same, provided that by mutual written 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 ANIMAL SHELTER ............................................. -- By.......................................... Berberta M. Olive Assistant Contracts Officer By .......................................... ............................................. Approved by ................................. Kathleen D. Sansone District Contracts Officer _or_ ............................................. Federal LD. Number DA&08M-128AfMV IIHI . . . 0 .. 0 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, orthe bodies ortrlbunals having any juriadlctlon or authority overthe 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, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work. If any discrepancy or Inconsistency Is discovered in this con- tract 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 Contractor agrees to indemnify, defend and save harmless the State, Its officars, agents and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontrac- tors, materialmen, laborers and any other parson, firm or corporation furnishing or supplying work, ser- vices, materials or supplies in connection with the performance of this contract, and from any and all claims and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the Contractor In the performance of this contract C. 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. D. The Contractor shall Indemnify the State against all loss and damage to the Contracto~s propertyorequlp- ment during Its use under this contract and he shall at his own expense maintain such fire, theft, liability or other insurance as he deems necessary for his protection. The Contractor assumes all responsibility which may be imposed by Iswfor property damage or personal Injuries caused bydefective equipment fur- nished under this contract or by operations of the Contractor or his employees under this contract E. The cost of employer payments to or on behalf of employees, subsistence, trave~ 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 additional allowance will be made therefor, unless separate payment proviSion should specifically be provided for. F. The Contractor, and the agents and employees of Contractor, In the performance of this agreement, shall actin an Independent capacity and not as officers or employees or agents of State of Califomia. G. The Contractor warrants, by execution of this contract that no person or selling agency has been employed or retained to solicit orsecure this contract upon an agreement or understanding for a commis- sion, percentage, brokerage, or contingent fee, excepting bona flda employees or bona fide established commercial or selling agencles 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, pay- ing onlyforthe value of the work actually performed, or In Its dlscration, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or con- tingent fee. H. Pursuant to the authority contained In Section 591 ofthe Vehicle Code, the Department has determined that within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all ofthe requlrement88etforth 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 I. The State may terminate thla agreement and be relieved of the payment of any consideration to Contrac- tor should Contractor fall to perform the covenants herein contained at the time and In the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed pro- per by the State. The cost to the State shall be deducted from any sum due the Contractor under this agree- ment, and the balance, if any, shall be paid the Contractor upon demand. J. Withoutlhe written consent of the State, this agreement Is not assignable by Contractor either In whole or In part K. Time is of the essence in this agreement L In accordance with Public Contract Code 10296, 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 con- tempt of court by a federal court has been lasued 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. DA&OIIM-1284(AEV.8111) . . o o Contract Sheet l of 8 Contract No. 08G443 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 ADMINISTRATOR The Contract Administrator for the State is Mr. Walt Thomtlson, telephone number 714/383-4427. ARTICLE III - PERIOD OF PERFORMANCE A. This contract shall begin on Julv 1. 1991 contingent upon approval by the State and shall terminate" on June 30. 1992 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 $42.00, which shall include all animals taken to the Shelter. B. Total amount of this contract shall not exceed $504.00. 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 Administrator at the following address: Department of Transportation P.O. Box 231 San Bernardino, CA 92402 Attention: Mr. Walt Thompson/Maintenance 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 $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. , . o o Contract Sheet L of 8 Contract No. 08G443 ARTICLE V - PAYMENT (Continued) 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 - COST PRINCIPLES A. The Contractor agrees that the Contract Cost Principles and Procedures, CFR 48, Federal Acquisition Regulations System, Chapter 1, Part 31, shall be used to determine the allowability of individual items of Cost. B. The Contractor also agrees to comply with Federal procedures in accordance with 49 CFR, Part 18, Uniform Administration Requirements for Grants-in-Aid to State and Local Governments. ARTICLE VII - 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. . o o Contract Sheet L of 8 Contract No. 08G443 ARTICLE VIII - DISPUTES A. Any dispute concerning a question of fact arising 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 IX - 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 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. ARTICLE X - MBE/WBE PARTICIPATION GOALS In accordance with Public Contract Code Section 10115, it is not required that Minority Business Enterprise and Women Business Enterprise (MBE/WBE) participation goals be established on contracts of $10,000 or less. Therefore, the goal for MBE/WBE participation in this contract is zero. This fact is not intended to preclude or discourage the prime contractor from soliciting or using MBE/WBEs in contracts of $10,000 or less. . o o Contract Sheet ~ of ~ Contract No. 08G443 ARTICLE XI - DRUG-FREE WORKPLACE CERTIFICATION A. By signing this contract, the contractor hereby certifies under penalty of perjury under the laws of the State of California that the contractor will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code section 8350 et seq.) and will provide a drug-free workplace by doing all of the following: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: (a) the dangers of drug abuse in the workplace, (b) the person's or organization's policy of maintaining a drug-free workplace, (c) any available counseling, rehabilitation and employee assistance programs, and (d) penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355 (c) that every employee who works on the proposed contract or grant: (a) will receive a copy of the company's drug- free policy statement and (b) will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. B. Failure to comply with these requirements may result in suspension of payments under the contract or termination of the contract or both and the contractor may be ineligible for award of any future state contracts if.the department determines that any of the following has occurred: 1) the contractor has made a false certification or 2) violates the certification by failing to carry out the requirements as noted above. C. Contractor's attention is directed to Form STD. 21 which IIIWlt be completed and returned with the signed contract. Failure to return the completed form will prevent final execution of contract. '~:;~tt:.III"D_. _.c of T~atlon ....;..._........... ..awtI m-r ImQUDtD oDII-1206 <.... 9190) '''' I of 2 o -...;.....~4.,.~-~,- . Contract Sheet 6 of 8 Contract No. 08G443 I..tructlona: us. In !IJ. of the follooolnt contracU not r....lrlnt pr,vatllnt _: Minor' <_llc \Iorltal, 11Ft of Way Cl..ronc./D_Lltlon, liFt of Way pr_rtY M_._t and Ilpor.ud "IF_ E""I_t lental Contracu. ...... of ~ Eight la) ........ labor conatltut.. . 1000l .y'. ...rk. Th. Contractor aholl forf.lt, .. a .....ltY to tho SUt. of c.lIfomla, 125.00 for _ ...rk.r ..IDY*l In tho uocutlon of tho contract by tho Contractor or any .ubcontractor ..... hi. for .ach calondor day durlnt ""ich lIUCh workar Is .....Irod or po..lttod to work .... than a I\oUro In any - calandar . and 40 hour. In any _ calondor _ In violation of tho provlalona of tho LoIlor Codo. and In pertlcular IoCtlon laID to la15 thoreof. Incl.-Iw, oacopt that _k perfo..-d by _1__ In _. of a houra por .. and 40 ........ durtnt any - -. ahall bo po..1 ttod upon c . ..tlon for all ........ ...rkod In ....... of a ...... por day at not I... then - and _hol f tl_ the bo.lc r.t. of pey. a. _Idad In section lal5. _~ of AIlIIroIltI- attention 10 dlroctod to the provi.lona In IoCUon 1777.5, 1777.6 and 1777.7 of the Lebor C_ cone.mint th. ..I_t of Ipprentlc.. by the Contractor or any ....entractor undtr hi.. (Sectlen 1777.5 .hall not _ly to ...ral contractorl or to contractl of .pecillty contractor. not bidding for work throulh . ,.nar.l or pri.. contractor, involving l... then 20 ...rklnt *Yo or 130,000.) . Th. Contractor .nd .ny .ubcontr.ctor. under hi. shall coaply with the r.qulreaents of s.ctlon. 1777.6 and 1777.5 In the _loyaent of --,tic... Ta In.ur. coapllanc. end coapl.t. understandlnt of the law r.,ardlnt apprentlc.., and OplIClflcally the raq.llrod r.tlo thareundtr, _ contractor or a\lbcontractor ahould. ""era 0_ _tlen ul.U. conUct tho Stata Dlvl.lon of Apprenticeship Stondorcls, P. O. ... 603, Son froncl.co, Callfomla 94101, or _ of IU branch offlc... prior to coaaenc_t of verk en public ...rk. contracU. ~liance with seCtlon.I777.5 II.. with the prl_ contractor. UOI"'ten ' t _ci.. The Contractor c.rtifi.. thot the Conuactor 10 _.. of the provlslona of Lebor C_ Section 3700 ""Ich .....1... IVOry ..loyer to be I..ure QlI..t llalltllty for _k.rl' c_tlon or to undtruk. ..U.lrwur.... In .ccordone. with pravl.iona of th.t c_ end .,.... to _ly with ouch previ.l... bofo.. _Int the porfo_. of the ...rk of this contr.ct. _I~ of _ltNSt Actl... Th. Contractor's attlntlon Is dlr.ctad to the followlnt provisions of Gov.rnaent Coda Sonlon. 4551 and 4552 ~Ich .hall be appllcabl. to tho Contr'ctor and hi. .ubcontroctor. on public worka contract. or ta tho bldd.r on controcU for thl purcII_ of ~, _urloll or ..rvlc.., itot. ef bUt.....'..,..".. _.1 .f' Tr-MIt~... ~--~~ _-1206 (N... 9190) ,_ 2 of 2 J"'lrontract Sheet 7 of 8 '-"Contract No. 08G443 . ".n entering into I pbltc MOr'U contract or ."*'contract to ....ly looda', ..rvic.., or _teriall pu~t to . pubLic work. contract, the Cantrector or Sl.D:antractor off.r. 8r'Id ear... to ...ign to tl\8 ...rdi", bodv aU rights, title, Md interest in .nd to .11 c..... of ection' it MY h.... under Section 4 of the Cllyton Act (15 U.S.C.Sec.15) or under the C.rtwrltllt Act [Ch.pt.r 2 (c....ncing with Section 16700)' of '.rt 2 of Divi.lon 7 of the IUllne...nd 'rof...ion. Code), .ri.ing from purchase. of loods, "..rvic.., or .It.rial. pursuant to the pubUc ..ork. contrlct or the subcontract. Thi. ...i.nment .h.ll be ..de .nd b.co.. .ffectiv. at the ti.. the .wardin. body tend... fin.l p'YIIent to the contr.ctor without further ec_l.d.---.,t by the pert'.... .In _iUing . bid to . public purch..lng body, the bidder off... IInd ...... th.t if the bid fa ecc'Pted. it will ...ign to the purch..ing body .11 rltllts, tiUe, IInd Int....t In IInd to .11 cauan of eccion it MY h.... under Section 4 of the Cl.yton Act (15 U.S.C. Sec. 15) or under the C.rtwri.ht Act [Chapt.r 2 (c......lng with Section 16700) of '.rt 2 of Oivl.ion 7 of the Business and Profe..i0n8 Codel, .ri.ing froa purch.... of goods, ..teriltl, or ..~c.. by the bidder for ..Le to the purch..ing body pur.uant to the bid. Such ...,_t sh.ll be _ _ __ effecti... .t the tl_ the purch..ing body tenders final paylllftt to the bidder.. T r....1 IInd SUbe i stence ,_t Attention i. directed to the require..nt. of Section 1773.8 of the Labor Code. The Contractor shall ..te travel .nd subsistence pe_u to each worker needed to execute the work in _ordance with ..Id r"",ir-.t. londa If contract bonds Ire required, Ilteration., e.tensions of ti.., eatra and additional work, and other authorized contr.ct ch...... _ be _ without .ecurlng .....- of the .....tl.. on said _. SC90 STA~OF~~~ 0 DRUG.FREE WORKPLACE CERTIFICATION STD. 21 CHEW I t.1O) ~ SHEET 8 OF il CCNl'RACT NO. 08G443 FAILURE TO RETURN THIS ~ FOllM WITH CCNl'RACT DOCUMENTS WILL PREVENT FINAL EXEx:tJTICN OF CCNl'RACT. COMP......_IZATlON NAIIE The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will: 1. Publish a statement notifying employees that. unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following: (a) The dangers of drug abuse in the workplace, (b) The person's or organization's policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations. 3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or grant: (a) Will receive a copy of the company's drug-free policy statement, and (b) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant. CERTIFICATION I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the above described certification. I am fully aware that this certification, executed on the date and in the county below, is made under penalty of perjury under the laws of the State of California. OFFICWo'S NAME DAtE EXECUtED CONTRACTOR.. GRANT AEc"IENT IlGNA1UAE I EXECUtED linE COlJNTY OF TITlE FEOERAL I.D, NUMBER