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HomeMy WebLinkAbout32-Animal Control City OF SAN BERNARD~ - REQUOT FOR COUNCIL AC~ :=rom: Paul E. Turner Subject: Contract From Ca 1 ifornia Department of Transportation (Cal Trans) for FY 88 Dept: Animal Control Date: 6-29-87 Synopsis of Previous Council action: Since 1980 City has permitted access to the Animal Shelter freezer, by Cal Trans employees for the purpose of depositing animal carcasses removed from 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 is recommended at $35 per month for FY 1988 increased from $25 per month in previous years to keep pace with increases in utility rates and freezer rental increases. Recommen<:led motion: Adopt Resolution q ;fi;:~=-- " ." Signature Contact person: Palll F TIl!:Dpr Phone: Jll4-&27 Ii Supporting data attached: yes Ward: FUNDING REOUIREMENTS: Amount: Sou rce: Finance: Council Notes: Agenda Item No~ ~, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 8 - 14-87 ......,,-""'" 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 ANIl4AL 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. 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 , 1987, by the following vote, to wit: AYES: Council Members NAYS: ABSENT: City Clerk ] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 24 25 26 27 28 8-14-87 .....,.~.J '-..; The foregoing resolution is hereby approved this day of , 1987. Mayor of the City of San Bernardino Approved as to form and legal content: .;' ,. /,' ,.z.!... /" ", ,.- C.~ty Attorney ,,' I "j . WHIT~aUARTERS YEllOW-CONTRACTOR GAEENHDONTROlLER P1NK-ACGOUNTING GOlDENRO[H)R1GINATOR/ADMINlSTRATOR BLUE4:XTRA DEPARTMENT"t>F TRANSPORTATION Sheet . . . . . ~. . . .. of ... . ........................, Co. Route P,M. MAINTENANCE/THOMPSON , SOURCE CHARGE LXP AUTH SPfCIAt OF~IGN^TION Cot liUtUU1SUlI.Af;CT SUa-JUIINO AMOUNT FISCAl ENCUMBRANCE OIST 1l1NIT OlST I UNIT . II/WPAAQElNO OBJECT DEBIT OR CREon YEAR DOCUMENT Size i NUMBER WOIlI\OflOEIlNO lOCATION SIC BflIDGENO_.HL , /qgg Em 08 603 5DIOOO , 7079 $500.00 19s8 ----- , FSJ -- , MYR I I , R" iTEM CHAPTER STATUTES FISCA?EAR '?J~ Ie, e, 1 \{1 11" COMMERCIAL SERVICE 2660-001-042 ~ ~ ............. .Q~.~P.l,P.............. CONTRACT NO. I hereby certify upon my own personal knowledge that bUdgeted funds are available This number to be placed on all invoices for the period and purpose 01 the expenditure stared above. SI~"'1E~~~;;NGJ (J 1bfiYl San Bernardino , CALIFORNIA, ...................................... . , Lift!. 1~ May 4 87 (J tI City of sah Bernardino........................................ .19 .... Contractor's Name........... A.1;:~.~~.t;7~I?-.:... .~?l?:Y. S?~~.:l:~.~............. Phone ?~Y~~.~~.~9.~~.. !~.~8.5) (Plealle bill as above) Address..... 3.33. .J??-:C;>?~. .~':'-!:~. .I!-?~?-.'" .~':'-!:. ~.~!.~':'-.r:~.~I?-~(. .c:~... .9.?~.~~.............................. --- Lioeue Nn and CU The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Department of Transportaticn in accordance with t he provisions on BOTH SIDES of this form and on the attached sheets, if any, and he agrees to recen and accept "" 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 removed from California State Highways in the San Bernardino area, in accordance with the Contract provisions attached hereto and made a part of this contract. RATE PER MONTH:..................... TOTAL EXPENDITURES SHALL NOT EXCEED: EFFECTIVE DATE OF CONTRACT: ........ EXPIRATION DATE OF CONTRACT: ....... $ 35.00 $500.00 June 30, 1987 June 29, 1988 ~.~ kl-o +,CO Ill!.> .... OM A'H 'H >00 s;l ., 'tj .}.ol Q () ~ r;j Q j., ..... +,\ :> k G> 0 g:;u ~~'JDEO The "dd Department of Transportation hereby agrees to the terms as above set forth, and hereby agrees t<l pay' he SOl'" provided that by mutual consent this agreement may be modified and that the State reserves the right to t"I111",,,te (1,;, agreement upon written notice to the Contractor. IN \A1TNESS 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 .~:r'!~~k . ~.q~~~qJ;.. .Il;r.~.c;~q~. .. . . . . . . . . . . . . . . . . Firm Name By........ .... ... ..................... .............. HERBERTA M. OLIVE, Assistant Contracts Officer By................................................. . '- ..................................................... Title or Position Approved by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DONNA M. RODRIGUEZ Contracts/Support Services Officer DAS-OBM--J!84 (REV 3/84) . MAIL BILLS IN TRIPLICATE TO: \ A.The Contractor shall keep himself fulli ormed of all existing.r 'future State and Federullaws and count. 'Shd municipal ordinances and regulations w~ in any manner affect ~e engaged or employed in the work. or tht- ,I materials used in th~ work, or which ill any way affect the conduct of the work, and 0f all such orders and decrees of bodiBs or trihur.als haviog any iuri~dictlon or authority over the same. He shall at all times observb and (;orTl~.lly with, and stlall cause all his agents and employees to observe and comply with all sl;ch exi~.ting and futur(' l!JVn;, or- dinances, regulafior:s, ordors. and decrees of bodies or tribunals having any jurisdiction ur authority ovel The work; and shall protect and indemnify the State of California. and all officers and employees thereof connectE-~d with the work, including but nollimited to the Director of Transportation and staff, against any claim Qi liability 8r:zing ~,,::~m or based on the violation of any 5uch law. ordinance. regulation. order, or decree, whether by himself or hiB employees. It any discrepancy or incol1~istency is discovered in this contract in relation to any such law, ordinanl"':'~, regulation, order or decree the Contractor shall forthwith report the same to the State in writing. B.-The mentlOnmg or certain"',.Statutes in this contract shall notrelieve the Contractor from the respon :i'":iUy of complYing with ani other statul&s appli(;able to the service or rental to be furnished hereund9r. C.-The Contlac!::~ shall indemnify the State against aflloss and damage to the Contractor's ~)rope!,,\ ' ,'quir". ment during its usu under this contract and he shall at his own expense maintain such tire, theft, lil.1bility G', _;\i"18r in sura nee as he eb"I'i":S necessary for his protection. The Contractor assumes all responsibility which may t".,: ir'1pOfi' ed by IaN for propHty damage Qr personal injuries caused ~y. <.l!,.fective equipment furnished under this. cOl'!ract.or by operations of tl\e Contractor or his employees under this contract. -- - - . D.-The cost of employer payments to or on behalf of employees, 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 no sddi- tional allowsnce will be msde therefor, unless separate payment provision should specifically be provided for. E.-II 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 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 of this 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 deduct from 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 aieas as are within the limits of the project and are open to public traffic, the Contractor shall comply with ell Qf the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. The Contractor shall teke all necessary precautions for safe operation of his equipment and the protection of the traveling public from in- jury and damage from such equipment. H.-ASSIGNMENT OF ANTITRUST ACTIONS.-The Contractor's attention is directed to the following provisions of Government Code Sections 4551 and 4552 (Stats. 1978, C;:"" 4.14). "\',!ic:h. s.h!,l! bl! 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 enlering 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, tille, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or.under.theCartwright 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 to the public works contract.or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties" "In submiUing 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 and Professions Code]; 'arislng 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 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 n"t more than one final unappealable finding of contempt 01 court by a federal court has been issued against him within the immediately preceding two. year period because of the Contractor" s failure to comply with an order of a federal court which orders hiin to compl~ with an order of the National Labor Relations Board. I hereby certify that all conditions for exemption set forth in State Administrative manual Section 1209 have been complied with and this document is exempt from review or approval by the budget staff. Department of Finance. - ~'i SIGNATURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY I". 1_- OAS-OBM.12~ (REV 3(84) .. "",.