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HomeMy WebLinkAbout18-Animal Control . CiTY' OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Deborah L. Biggs Director of Animal Control Dept: Animal Control Su~ect:Resolution authorizing an agreement with California Department of Transporation (Cal Trans) for the disposal of animal carcasses for FY 93. Date: June 4, 1992 Synopsis of Previous Council action: Council has renewed contract each year since 1980 Recommended motion: Adopt Resolution ~l% b Ignature Con teet perlon: Deborah L. Biggs Phone: 384-5275 Supporting dete attached: Yes Ward: FUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notel: ^ .............. I._~ 'd_ 1% r'""''- CITY OF SAN BE"'ARDINO - REQUESNOR 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 carcasses removed from the State roadways. The number of carcasses in unknown, however, it is only ill.- small fraction of the total number deposited monthly from all other sources. The monthly fee is $42.00 per month for FY 1993 and is to be billed quarterly. 75-0264 -, 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT 0 3 TRANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STAT HIGHWAYS IN THE SAN BERNARDINO AREA. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 0 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereb 7 authorized and directed to execute on behalf of said City a 8 greement with the State of California Department of Transportatio 9 for the disposal of animal carcasses from state highways in the Sa 10 Bernardino area, a copy of which is attached hereto, marked Exhibi 11 "A" and incorporated herein by reference as fully as though set fort 13 14 15 16 17 18 SECTION 2. The authorization to execute the above reference 12 at length. greement is rescinded if the parties to the agreement fail t xecute it within sixty (60) days of the passage of this resolution I HEREBY CERTIFY that the foregoing resolution was duly adopte y the Mayor and Common Council of the City of San Bernardino at meeting thereof, held on the day of 19 , 1992, by the following vote, to wit: 20 / 21 / 22 / 23 / 24 / 25 / 26 / 27 / 28 / 6-4-92 -1- : 4 5 6 7 8 9 10 11 12 13 POPE-LUDLAM ILLER 14 15 16 17 18 Approved as to form 19 and legal content: 20 JAMES F. PENMAN City Attorney 21 - ~ ~ ABSTAIN CITY CLERK The foregoing resolution is hereby approved this of , 1992. 22 23 24 25 26 27 28 6-4-92 ABSENT day W.R. HOLCOMB, Mayor City of San Bernardino -2- o .cONTRACTOR o CAL TRANS o DEPT. OF GEN. SER o CONTROLLER o ADMIN. CMaintenace/Thompson r ,;""-'.~ STATE OF CALIFORNIA Sheet ........... of 5 DEPARTMENT OF TRANSPORTATION Cd. . .... . ..... . R~~"""'" . . 'P.M. SOUflCE C..... EXP.AUlH. SPECIAl DESlGMTION GEN LED I SUI-ACCT SUNOB NO. .....'" ASCAI. -- DlSl IUNIT OlSY I UNIT Ii! R/WPAflCELNo. 0IJfCT DE8ITORCREDIT .... -'" ..... FUNDING: i lD",_ WORK ORDER NO BIVOGE NO. EJC. 08603 --- 5D1000 I 7079 $504.00 92/92 o STATE I o JOINT I o FEDERAL ilE'" c....... STATlITfS FISCAl Y!AR 2660-001-042 1992 92/93 CONTRACT NO. 08H102 ............................. I hereby certlty upon my own pel80tNll knowfecfoe that IHIdQfietIlvna .,. .-1IebM Thll number 10 be pIM:ed on In IIWOiCn fOf ,"- period .nd purpo.. 0' rhe ...tM1lrute .tefec1.tlova SIGNATURE Of ACCOUNTING OFFICER DAlE .~f:.I.~~~N~~RINQ. . . . . . . . . . . . . . . . CALIFORNIA, ~~ tC ~....,w...- I/-)..q~ June 2, 1992 I Date ........................................ Contractor's Name . ~.i ~y. pl. .~<!f! .~:r;~~~~~? ~~~:. ~?~.l.t.~r: . . . . . . .. Phone .. ?1.4!.3.~~~~~~~ . . . . . . .lO (PlMH...... abcMt ~'~Address ... .3.3.3. .I~l.~qq.~. ~~~! . ~?-~. ~;r!'1?;?i.n.~,. .~": . .~~~~~ . . . . . . . . . . . . . . .. . . . . . . . ~.:..;.:,~::.:.~ fliT': The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Depart- '0 men! of Transportation in accordance with the provisions on BOTH SIDES of this form and on the to attached sheets, and he agrees to receive and accept as full compansation therefor the prices named lID h . II 0 ere,". ...'..... Q t The consideration to be paid Contractor. as provided herein, shall be In 0 ~ From ... 0 compansation for all of Contractor's expenses incurred in the performance o.ortmonl 01_..' Senric.. A........L ,J:>. Ul hereof. including travel and per diem. unless otherwise expressly 80 'g~; provided .. ;Il II .~ No alteration orvsriation of the terms ofthia contractshail be valid unless .... .. ~ '>; made in writing and signed by the parties hereto, and no oral understanding & ~ or agreement not incorporated herein shall be binding on any of the n parties hereto. The said Department of Transportation hereby agrees to the terms as 1 set forth 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 bove written. DEPARTMENT OF TRANSPORTATION CONTRACTOR CITY OF SAN BERNARDINO ANIMAL SHELTER . . . J . . ) . i Approved by y ..... ........... ........... ................0.. Herberta M. olive FInn _ ............................................. Assistant Contracts Officer By .......................................... ................................. TIlle Of PoIttton ............................................. Kathleen D. Sansone District Contracts Officer ............................................. Fed_II.D. Numbe, DAS-OBM-12&1IREV.818a) ~ .....',.., Contract Sheet -1- of -2- Contract No. 08H102 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 Thompson, telephone number 714/383-4427. ARTICLE III - PERIOD OF PERFORMANCE A. This contract shall begin on July l, 1992 contingent upon approval by the State and shall terminate on June 30, 1993 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 23l 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. --....-. Contract Sheet ~ of 5 Contract No. 08HI02 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 - 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 Cont~ctor. ARTICLE VII - 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 con~ider 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. ........ ~ Contract Sheet .!-. of 5 Contract No. 08H102 ARTICLE VIII - 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 IX - MBE/WBE/DVBE PARTICIPATION GOALS In accordance with Public Contracts Code Section 10115 and the Military and Veterans Code, Section 999.2, it is not required to establish Minority Business Enterprise, Women Business Enterprise or Disabled Veterans Business Enterprise (MBE/WBE/DVBE) goals on contracts of $10,000 or less. Therefore, the goal for MBE/WBE/DVBE participation in this contract is zero. This fact is not intended to preclude or discourage the prime contractor from soliciting or using MBE/WBE/DVBEs in contracts of $10,000 or less. ARTICLE X - 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. -, "'....-. . . . STATE'OF CALlFORNIA.DEPARTME~ANSPORTAllON PREVAIUNG WAGES NOT REQUIRED ADM.1206 (New 11190) Contract Sheet 5 of 5 Contract No. 08Hl02 INSTRUCllONS: Use in ALL of the foIfowing cmhC/S notl8qUiling pIfqj//ng wages: Minor B (Pr.tIIic Worlls). Right of Way ClearancelfJemolilion, Right of Way PropeIly Management and Operated Highway Equflment Rental COIIf1ac/s, and CommfHCiaJ Setvioes, e.g. plumbing and eleclTicaJ. HOURS OF lABOR Eight (8) hours labor constitutes a legal day's wollL The Contraclorshall forIel, as apenallyto the Stale of CalWomia. $25.00 for each worker employed in the execution 01 the contract by the Contractor or any subconlractor under hin for each ciIendar day during which such worker is required 01 permi1led to work more than 8 hours in anyone calendarday and 40 hours in anyone c:alencWweek In WlIaIlon of the provisions olthe Labor Code, and In particular Section 1810 to 1815 thereof, inclusive, eXC8ptthat work performed by employees In excess ol8 hours par day, and 40 houri during any one week, shall be permlned upon compensation for aD hours worked in excess of 8 hours per day at not less than one and one-half lines Ile basic ~le 01 pey, as provided In Section 1815. EIIPlOYIENT OF APPRENTICES Anentlon is direcled 10 the provisions in Section lm.5, lm.6 and lm.7 olthe Labor Code concerning the employment 01 apprentices by the Contractor or any stilconlractor under hin. (Section 1 m.5 shall notll/lPlY to general COII1nIClors or to OOlItracls of specialty contraclors not biddilg for WIlIk through a general or prime contractor, involving less IIan 20 working days or $30,000.) The Contraclor and any stilconlractors under him shall comply wIlIllle requirements of SecIlons ln7.6 and lm.5 in the employment of ~rentices. To insure compliance and axnpIele understandng olthe law regRing IIppIlIIdioes, and speclIlcaIy the required ratio thereunder, each contractor or stilconlractor should, wheresomequesllon exists, oonIacllhe SlaIe lliviIIonol ApprInIcaahlpSIandaIds, P. O. Box 603, San Ftanclsco, California 941 01, or one ofitsbranch ollices, prior to commenoemenl ol work on ptbIIc works lXlIIracts. Compline wIh SIclion lm.51es wIlIl'l8 prime contractor. WORKERS' COMPENSATION The Conlractor cerlifles thai 118 Conlraclorisawareofthe provisIonsol Labor Code Seclion 3700 which requires every employer to be insure againstllablity for workers' compensation or to undertake self-inSUlanc8 In acx:ordancewllll provisions oll1atcocfe and agrees to comply with such provisions before commencing the performance 01 the work of tlis contract ASSIGNMENT OF ANTITRUST ACTIONS The Conlractor's allenlion is clrected to the foIIowlng provisions 01 GcMImmenI Code Sections 4551 and 4552 which shall be applicable to the Contractor and his stilcontractors on public works contracts or to the bidder on 00lI1raCls lor the pun:hase 01 goods, materials or services: .In enlering into a public works contracl or stilconlract to supply goods, services, or materials pursuant to a ptillic works con.ac~ tie Contractor or subcontraclor offers and agrees to assign to the awarding body all !ights, lllIe, and Inlereslln and 10 aa _ of acIon h may have under Section 4 of the Clayton Act (15 U.S.C.Sec.15) or under the Cartwrighl ActIChapter 2 (commencing with SecIlon 16700) ol Parl2 ol Division 7 ollle BusIness and Professions Code], arlslng from purchases of goods, services, or malerials pursuant to the pubic works contract or the stilconhCl. This assignment shall be made and become effeclive at the time tie awarding body lenders InaJ payment to the conlractor without furIher adulowIedgement by the paries.' ~n submitting a bid to a public purchasing body. the bidder offers and agrees thai ff the bid is accepted,lt wiD assign to the purchasing body all rights, title, and inlerest in and to aD causes 01 action II may have under Seclon 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the c.twrighl AclIChapler 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Prolesslons Code], arising from pura- of goods, malerials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shaI be made and becom& eIIeClIve at the lime the purcIlasilg body lenders IInaI payment to the bidder.' TRAVel AND SUBSISTENCE PAYMENT Aaenllon Is clrected to the requirements of Section 1 n3.8 of '18 labor Code. The Contractor shall make travel and subslslence payments to each worker needed to execule the work In accordance wllh said requirement. BONDS If contract bonds are required, atlerations, extensions of time, extra and additional work, and other authorized contracl changes may be made without securing consenl of Ile surelies on said bonds.