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HomeMy WebLinkAbout2001-271 r RESOLUTION NO. 2001-271 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL AS FOLLOWS: RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT FOR SERVICES WITH THE HUMANE SOCIETY OF SAN BERNARDINO VALLEY, INe. TO PROVIDE MOBILE SPAY AND NEUTER SERVICES IN THE CITY OF SAN BERNARDINO. WHEREAS, the CITY OF SAN BERNARDINO desires to provide partial financial support for a mobile spay neuter clinic operating within its communities; and, WHEREAS, the CITY OF SAN BERNARDINO desires to have assistance in spay and neuter services at its animal shelter and for its animal control officers; and, WHEREAS, THE HUMANE SOCIETY OF SAN BERNARDINO VALLEY, INe. possesses a mobile spay and neuter clinic; and, WHEREAS, the CITY OF SAN BERNARDINO desires and THE HUMANE SOCIETY OF SAN BERNARDINO V ALLEY, INC. is willing to provide these services. 17 18 SECTION 1. That the MAYOR of the CITY OF SAN BERNARDINO is hereby authorized and directed to execute that certain contract between the CITY OF SAN 19 BERNARDINO and THE HUMANE SOCIETY OF SAN BERNARDINO VALLEY, INC., a 20 21 22 copy of which is attached hereto as Exhibit "A". III 23 1/1 24 /11 25 11/ 26 III 27 28 1/1 2001-271 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A CONTRACT FOR SERVICES WITH THE HUMANE SOCIETY OF SAN BERNARDINO VALLEY, INC. TO PROVIDE MOBILE SPAY AND NEUTER SERVICES IN THE CITY OF SAN BERNARDINO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2001. I HEREBY CERTIFY that the forgoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 4th day of Septembe>; 2001 by the following vote, to wit: COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT ESTRADA x LIEN x - MCGINNIS x SCHNETZ x SUAREZ ~ ANDERSON x MCCAMMACK x ~ /;;, C-~ Approved as to Form and legal content: The foregoing resolution is hereby approved this day of September, 22 23 24 25 26 27 28 JAMES F. PENMAN, City ~rney 1- !Z By: 1-, ,.:e~ () .. , (._J ( c-"l/. '" \' 2001-271 CONTRACT FOR SERVICES THIS AGREEMENT is entered into this 4th day of September, 2001, by and between The HUMANE SOCIETY OF SAN BERNARDINO V ALLEY, INC., (hereinafter referred to as the "CONTRACTOR") and the CITY OF SAN BERNARDINO, (hereinafter referred to as the "CITY"): WITNESSETH: A. WHEREAS, the CITY desires to support a mobile spay neuter clinic operating within its communities; and, B. WHEREAS, the CITY desires to have assistance in spay and neuter services at its animal shelter and for its animal control officers; and, C. WHEREAS, CONTRACTOR possesses a mobile spay and neuter clinic; and, D. WHEREAS, CITY desires and CONTRACTOR is willing to provide these services. NOW THEREFORE, the parties hereto agree as follows: 1. SCOPE OF AGREEMENT. a. CONTRACTOR will provide a total of 108 free spay and neuter certificates to the city animal control division, at a rate of 9 certificates each month, to distribute to community pet owners in need; b. CONTRACTOR agrees to make the mobile spay neuter clinic available to the animal control department one day per week to assist with pet sterilizations at the city shelter for a period of one year; c. CONTRACTOR agrees to provide mobile spay and neuter services to the communities of the City of San Bernardino; 2. COMPENSATION. CONTRACTOR will be paid $30,000.00 by the CITY for the services provided under SCOPE OF AGREEMENT. EXIllBIT A 2001-271 3. TERM. This contract shall take effect upon execution by both parties and expire one year from that date. 4. TERMINATION OF CONTRACT. The CITY or CONTRACTOR has the right to terminate this contract for services for any reason by the giving of fourteen days written notice. Should either party terminate this contract, the CONTRACTOR shall reimburse the CITY at a rate of $82.20 per day remaining in this contract. 5. The CONTRACTOR hereby agrees to indemnify, defend, and hold harmless the CITY and its agents, officers, and employees from any and all claims, damages, liabilities, costs, suits, actions, causes of actions, expenses, or sums which the CITY or its agents, officers, and employees may be obligated to pay by reason of any liability of any kind imposed upon them, including damages to property or injury or death of persons, arising out of the performance of the services rendered by the CONTRACTOR or caused by any error, omission, or act of the CONTRACTOR arising from or related to any of the activities of the CONTRACTOR's mobile spay neuter clinic, CONTRACTOR's representative, officials, and employees. Said sums shall include, in the event of legal action, court costs, expenses of litigation, and reasonable attorneys' fees. 6. CONTRACTOR shall comply with all applicable federal, state and local laws, rules, regulations, and ordinances. 7. This Agreement shall not be assignable except with the mutual written consent of the parties hereto. 8. This Agreement may be amendable by the mutual written consent of the parties hereto. EXHIBIT A . .. .,' 2001-271 9. NOTICES. All notices herein required shall be made to the parties as follows: As to CITY: As to CONTRACTOR: Rachel Clark, City Clerk CITY OF SAN BERNARDINO 300 No. "D" San Bernardino, CA 92408 (909) 384-1304 Humane Society of San Bernardino Valley 763 W. Highland Ave. San Bernardino, CA 92405 (909)882-5456 IN WITNESS WHEREOF the parties hereto have executed this Agreement on this _ day of September. 2001. HUMANE SOCIETY OF SAN BERNARDINO V ALLEY, INC. CITY OF SAN BERNARDINO tu- Aurora Soriano, President Approved as to Form and Legal content. ATTEST: JAMES F. PENMAN, ~~;A~ 7.~~ {l ~C!cI3.<'~ EXHIBIT A