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HomeMy WebLinkAbout21-Animal Control ~IT~' OF SAN BERNAi\DINO - REQUEST FOI COUNCIL ACTION From: Deborah L. Biggs, Dept: Animal Control Date: March 29, 1991 Di rector of Anima 1 Contr~bject: Resol uti on- Agreement wi th Vetcorp for the Purchase of Feline Hair Allergen Product Synopsis of Previous Council action: No previous action. Recommended motion: Adopt Resolution ~.A ,-t~ Signature Contect person: Deborah L. Bi aas Phone: 384-5275 Supporting date attached: Yes Werd: FUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) Flnence: Council Note.: t:) \ ~ITY' OF SAN BERN~DINO - REQUEST FO COUNCIL ACTION STAFF REPORT Veterinary Ettinger Teaching Corporation (Vetcorp, Inc.) is an independant contractor working with a multi-national company that produces feline allergen products. These products are used on people allover the world, including the United States,who are allergic to cats. The allergy injections, produced from cat hair, allows individuals to live comfortably with a pet they might otherwise not be able to have. It is Vetcorp's desire to use our facility as a collection point for the cat hair. They have a need for up to twelve (12) kilograms of cat hair per month. Department staff will collect the cat hair and store for collection by Vetcorp. In return, Vetcorp will pay $ 70.00 per pound of usable hair collected. It takes approximately ten (10) cats to produce one (1) pound of hair. Vetcorp will provide all materials necessary for this project. " 9 10 11 12 13 14 15 16 17 18 o o 1 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING 3 THE EXECUTION OF AN AGREEMENT WITH VETCORP FOR THE PURCHASE OF FELINE HAIR ALLERGEN PRODUCT. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute on behalf of said 8 City an Agreement with Veterinary Ettinger Teaching Corporat- ion, dba vetcorp, a copy of which is attached hereto and incorporated herein as Exhibit "A" and referenced as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by all parties. The city shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. The authorization to execute the above 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. 21 22 23 24 25 26 27 28 / / / / / / / / / / / / / / / / ., 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH VET CORP FOR THE PURCHASE OF FELINE HAIR ALLERGEN PRODUCT. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the city of San Bernardino at a meeting thereof, held on the day of , 1991, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ESTRADA REILLY FLORES MAUDSLEY MINOR POPE-LUDLAM MILLER CITY CLERK The foregoing resolution is hereby approved this , 1991 day of W.R. HOLCOMB, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney By: (k.'lo..z..::) o r~ . >. o o AGREEMENT with VETCORP This agreement is made on ,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 - ., o o 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 " AGREEMENT BETWEP'\ THE CITY OF TEACHING CORPO~ON SAN BERNARDINO AND VETERINARY o ETTINGER IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date first above written. ATTEST: CITY OF SAN BERNARDINO W.R. HOLCOMB, Mayor City Clerk VETCORP Stephen J. Ettinger, D.V.M. Approved as to form and legal content: James F. Penman, City *torney I ! .~ By(J~? r~