HomeMy WebLinkAbout09-Animal Control
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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
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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
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01$1
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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
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~~
"'t:l'
...~
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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..
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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.
.