HomeMy WebLinkAbout1991-115
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RESOLUTION NO. 91-115
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH VETCORP FOR THE PURCHASE OF
FELINE HAIR ALLERGEN PRODUCT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is
hereby authorized and directed to execute on behalf of said
City an Agreement with Veterinary Ettinger Teaching Corporat-
9 ion, dba Vetcorp, a copy of which is attached hereto and
10 incorporated herein as Exhibit "A" and referenced as fully as
11 though set forth at length.
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SECTION 2. The agreement shall not take effect until
13 fully signed and executed by all parties. The City shall not
14 be obligated hereunder unless and until the agreement is fully
15 executed and no oral agreement relating thereto shall be
16 implied or authorized.
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SECTION 3.
The authorization to execute the above
18 referenced agreement is rescinded if the parties to the
19 agreement fail to execute it within sixty (60) days of the
20 passage of this resolution.
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH VETCORP FOR THE PURCHASE OF
2 FELINE HAIR ALLERGEN PRODUCT.
3
I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the city of San
5 Bernardino at a regular meeting thereof, held on
the 15th
, 1991, by the following
April
day of
vote, to wit:
Council Members
NAYS
ABSTAIN
AYES
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
x
x
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CI CLERK
The foregoing resolution is hereby approved this
April , 1991
day of
16 /
17 City
Approved as to form
18 and legal content:
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JAMES F. PENMAN
City Attorney
By: f1t~?
0'
r~
.
(tw. ql-IIS
AGREEMENT
with
VETCORP
This agreement is made on
11 II; '1
I
,1991 between
the City of San Bernardino, hereinafter called the "CITY", and
Veterinary Ettinger Teaching Corporation, dba vetcorp, herein-
aftet called the "CONTRACTOR".
City and Contractor agree as follows:
1. Recitals.
(a) Contractor is an independent contractor engaged
in the business of collecting feline hair used in produc-
ing a sterile product for use in human beings as an
allergy extract and would like to collect feline hair from
the city.
(b) The city operates a municipal animal control
facility that destroys unwanted cats. Therefore, the hair
is readily available.
2. Scope of Services
Contractor agrees during the term
of this contract, it shall remove the collected feline
hair on a mutually agreed upon schedule at the Contract-
or's expense. Contractor agrees to provide all materials
necessary to collect the feline hair, including but not
limited to clippers, blades and storage bags.
3. Relationship of Parties
Contractor is acting as an
independent contractor, and not as an employee of the
city.
In the performance of services pursuant to the
provisions of this agreement, Contractor shall not be
supervised, directed, or under the control or authority of
any City officer or employee.
4. Payments. Contractor shall pay the City the sum of
SEVENTY DOLLARS ($70.00) per pound of cat hair collected.
Payment is due within fourteen (14) days of receiving
specimens.
5. Indemnification/Hold Harmless. The Contractor shall
indemnify and hold harmless the City, its officers,
agents, and employees, from any and all suits, actions,
damages, or claims
of every name
and description,
including reasonable attorney's fees, to which the City,
its officers, agents and employees may be subjected or put
to by reason of damage or act of omission occasioned by
the Contractor, its officers, agents, or employees in
carrying out the provisions of this agreement.
6. Terms of Aqreement. The term of this agreement shall
be for a period of one (1) year commencing upon execution
of this agreement.
This agreement shall renew itself
thereafter from year to year, unless either party notifies
the other, in writing, of termination.
7. Termination
This agreement may be cancelled by
either party, at any time, upon thirty (30) days written
notice.
8. Notices
All written notices shall be addressed as
follows:
CITY
CONTRACTOR
City of San Bernardino
Department of Animal Control
333 Blood Bank Road
San Bernardino, CA 92408
Vetcorp
Stephen J. Ettinger, D.V.M.
1736 S. Sepulveda Blvd.
Los Angeles, CA 90025
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AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND VETERINARY. ETTI~GER
TEACHING CORPORATION
IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first above written.
Approved as to form
and legal content:
Stephen J.
, D.V.M.
ATTEST:
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ci Clerk
James F. Penman,
city iftorney A
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