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HomeMy WebLinkAbout09-Animal Control . City OF SAN BERNARDOO - REQUOT FOR COUNCIL AcOON From: Paul E. Turner Director of Animal Animal Control REC'O. - AOHnl. Gl66~t: Control 1986 SEP 1\ PM 3: 56 1986-1987 Contract with State Department of Transportation for Carcass Disposal Services Dept: Da~: September 11, 1986 Synopsis of Previous Council action: The City has entered into contracts with the State Department of Transportation for carcass disposal services since 1980. Recommemled motion: Adopt resolution. Contact person: Paul E. Turner Phone: 5275 Supporting data attached: Yes Ward: N/A FUNDING REQUIREMENTS: Amount: None Sou rce: Finance: Council Notes: i...., 75-0262 Agenda Item: ,9 CI'IO OF SAN BERNARDIC:>> - REQUEQr FOR COUNCIL AC'O>>N STAFF REPORT The Department of Transportation of the State of California has used the animal shelter facility for disposal of animal carcasses removed from state-maintained roadways within the local district office's jurisdiction since 1980. No significant impact has occurred as a result of the Department's use, and, therefore, staff recommends entering into the attached agreement, which agreement contains the same provisions as prior years. 75.0264 o o o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORI ZING THE EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT 3 OF TRANSPORTATION FOR THE DISPOSAL OF ANIMAL CARCASSES FROM STATE HIGHWAYS IN THE SAN BERNARDINO AREA. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Director of Animal Control of the City of San 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 "An and incorporated herein by reference as 12 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 16 the day .of , 1986, by the following vote, 17 to wit: 18 19 20 AYES: Council Members , NAYS: 21 ABSENT: 22 23 City Clerk 24 25 of 26 27 The foregoing resolution is hereby approved this day , 1986. Mayor of the City of San Bernardino Approved as to form: 11119~ 28 Clty Attorney . ; WHIT-^-aUARTEAS YELL~NTRACTOR GREENHDONTR~LER PINK-ACCOUNTING . GOLOENROD-ORIGINATORlAOMINISTRATOR BLUE-EX1'RA MAINTEN iPARTMENfbF TRANSPORTATION Sheet....l...... of., .0."., Co, Route p_~t. EXPAUTH. SPECIAL DESIGNATION c" 01$1 " r SU8-JOBNO- RIW PARCH NO LOCATION 8fIlOOENO,HC OBJECT AMOUNT OEalT OR CREDIT FtSCAl YEAR ENCUMBRANCE DOCUMENT NUMBER s", ~c ITEM CHAPTER '" 08603 ----- 5DlOOO FSJ .YR Rpl I hfH8by CfHfify upon my own personal knowledge that budgeted funds are available for the period and purpose 01 the expenditure sta'-d aboWl COMMERCIAL SERVICE CONTRACT NO. ..... .O'8C76.3......,..,......,..., This number to be placed on aU invoices 2660-001-042 DATE . .. .l?il.l).. .I}(l.z:~ardino. ... . .. .. . . ,.. ,CALIFORNIA, . . . ..:r~I).~. .7:L . . .. . . .. . . . . . . . . . . .. . .. . . ..' , 19 ~~.. City o~ San Be7"nardino '. (5385) r's Name. .1I.tt.entlQO;... AlUma1. .CQOt:.rP.!. ):!j..z:(l~tp.r...... Phone 7.l.4na.3:-.50.48........, (Pi.... bill u above) .- ~r;;k. Con Address .~O.Q. NQJ:.tn. :'):!~. .S:t.r~.e1:.. :.sOon. aeJ:.naxQ.iOQ,. .ClI... !lZlUll........................,......... Licente No. and C.. The Contractor hereby agrees to furnish the service or rental as hereinafter set forth to the Department of Transportation in accordance with the provisions on BOTH SIDES of this form and on the attached sheets, if any. and he agrees to receive and accept as 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 Q ~ a part of this contract. "'I:loo II a" ~~ "'t:l' ...~ Q lIJ ~ RATE PER MONTH:.o......................o.$25.00 TOTAL EXPENDITURES SHALL NOT EXCEED:.....$400.00 EFFECTIVE DATE OF CONTRACT:..............July 1, 1986 EXPIRATION DATE OF CONTRACT:.............June 30, 1987 APfIROVAl. FECOMMI!NOED q..." e. Z . The said Department of Transportation hereby agrees to the terms as above set forth, and he y agrees to pay the same, provided that by mutual consent this agreement may be modified and that the State reserves the right to tenninate this agreement upon written notice to the Contractor. IN wrrNESS WHEREOF. the parties to these presents heve hereunto set their hand the year and date fIrst above written. ,~ DEPARTMENT OF TRANSPORTATION CONTRACTOR CITY OF SAN BERNARDINO . )\.t'l.J;WUo. .CQlj'J'.Il.Ol... Q:UU::C:rOR.. . .. . . ... .. . , . . , . Finn Name By..........,.....,.,............................... Herberta M. Olive, Assistant Contracts Officer By . . .. . . . . . . .. . . . . . . .. . . .. . . , . .. . , . . . . . . . , . . . . . , . . . . ..................................................... Title or Po&ition Apffu~~:~e' 'j'" 'i<'rug~' diiE!i.................. Contracts/Support Services DA$.OBM-1184 (REV 311M) , MAIL BILLS IN TRIPLICATE TO: EXHIBIT A 111 I ,.,., A.-The Contractor shall keep himself fu,^formed of all existin.n, future State and Federal laws and counO ~nd municipal ordinAnces and regulations Jllth in any manner affec'Mse engaged or employed in the work, or the materials used in the work, or which in any way affecl the conduct 01 the work, and 01 all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the 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 luture laws, or- dinances, regulations, orders, and decrees 01 bodies or tribunals having any jurisdiction or aothority over the work; and shall protect and indemnily the State 01 Calilornia, and all officers and employees thereol connected with the work, including but not limited to the Director 01 Transportation and staff, against any claim or liability arising Irom or based on the violation 01 any such law, ordinance, regulation, order, or decree, whether by himsell or his employees, II any discrepancy or inconsistency is discovered in this contract 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 mentioning 01 certain statutes in this contract shall not relieve the Contractor from the responsibility 01 complying with any other statutes applicable to the service or rental to be lurnished hereunder, C.-The Contractor shall indemnify the State against all loss and damage to the Contractor's property or equip- ment during its use under this contract and he shall at his own expense maintain such lire, thelt, liability or other in' surance as he deems necessary lor his protection. The Contractor assumes all responsibility which may be imp os' ed by law lor property damage or personal injuries caused by delective equipmentlurnished under this ce;>ntract or by operations 01 the Contractor or his employees under this contract. D.-The cost 01 employer payments to or on behalf 01 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 addi, tional allowance will be made therelor, unless separate p~e8t provision should specilicaHy baprovided for, E.-It is expressly agreed that all persons engaged on this work are employees 01 the Contractor and that none are employe.es 01 the Department 01 Transportation 01 the State 01 Calilornia. F.-The Contractor warrants, by execution 01 this contract, that no person or selling agency has been employed or retained to solicit or secure 'this contract upon an agreement or understanding lor a commission, percentage, brokerage, or contingent lee, excepting bona lide employees or bona lide established commercial or selling agen. cies maintained by the Contractor lor the purpose 01 securing business. For breach or violation 01 this warranty the State shall have the right to annul this contract without liability , paying only lor the value 01 the work actually per- lormed, or in its discretion, to deductlrom the contract price or consideration, or otherwise recover, the lull amount 01 such commission, percentage, brokerage or contingent lee. G,-Pursuantto the authority contained'in Section 591 of the Vehicle Code, the Department has determined that within such areas as are within the limits 01 the project and all! open te;> publiC traffic, th'e Contractor shall comply with all of the requirements set forth in Divisions 11, 12, 13, t4 and 15 of the Vehicle Code. The Contractor shall take all neC!1ssary precautions for safe operation of his equipment and the protection of the traveling public trom in- jury and damage from such equipment. H.,ASSIGNMENT OF ANTITRUST ACTIONS.-The Contractor's attention is directed to the lollowing provisions 01 Government Code Sections 4551 and 4552 (Stal&. 197,8, Gh. 414)-which ..hal~ be appN08ble to the Contractor and his subcontractors on public works contracts or jo the bidder on contracts for the purchase of goods, materials or services: ..... .' . . ~ . ., "In entering into a public works contract or a sOlll:or!tlaCftb'soppfy 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 01 action it may have under Section 4 of the Clayton Act (15 t,I,~C~"'Ill)lf~r ~~ Act [Chapter 2 (commencing with Section 16700) of Part 2 01 Division 7 of the Business 8I!d Profesaions Code), arising Irom purchases 01 goods, services, or materials pursuant to the public works cO!'trapt or t~~s.ubcQntract. This assignment shall be made and become effective at the time lheaW8f8lRg body lendera'finafpaymeftl to the Contractor, without lurther acknowledgement by the parties." "In submitting a bid to a publiC purchasing body, Ihe bidder offers and agrees that ilthe 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 01 the Clayton Act (15 U.S,C. Sec. 15) or under the Cartwright Act [Chapter 2 (commencing with Section 16700) 01 Part 2 of Division 7 01 the Business and Prolessions Code); 'ariSing Irom purchases 01 goods, malerials, or services by the bidder lor 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 wit!> Government Code Section 14382, a Conlractor w!>o is not a public entity, by signing this contract, hereby swears under penalty 01 perjury t!>at nllt more tItan one final unappealable linding of contempt 01 court by a federal court !>as been issued against !>im within the immediately preceding Iwo-year period because 01 the Contractor's lailure 10 comply with an order 01 a fedilral court whlc!> orders him 10 comply with an order of t!>e National Labor Relations Board, I hereby certify thai all condilions lor exemplion sel forth in Slale Adminislralive manual Seclion 1209 have been complied wilh and Ihis documenl is exempl from review or approval by Ihe budget staff, Department of Finance. SIGNA TURE OF OFFICER SIGNING ON BEHALF OF THE AGENCY DAS.OBM-12M (REV. 3/84) aaeSl-SOO s-.. 10M AXT 0.. o o o Contract Contract o Sheet 2 of 2 No. 08C763- CONTRACT PROVISIONS DESCRIPTION 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. The Contractor's performance required to complete the work under this contract will be evaluated and reported to the Department of General Services (SAM 1218). This contract may be cancelled by either party by giving notice, in writing, to the other party. PA Yr-1ENT Payment will be made quarterly, in arrears, upon receipt of invoices sUbmitted in triplicate. In order tg expedite payment, invoice letterhead (printed or stamped) should read the same as the name on the contract. 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 ha1f-of-one percent (minimum $2.50). Payment by the Department will usually result in receipt of ~he check about three weeks earlier than when payment is made by the State Controller. It is mutually understood between the parties hereto that this contract is valid and enforceable only if sufficient funds are appropriated by the California Legislature for the fiscal year covered under this C'ontract. .