HomeMy WebLinkAbout1989-291
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RESOLUTION NO. 89-291
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SARGEANT'S WHOLESALE BIOLOGICALS
3 FOR THE PURCHASE OF FELINE CARCASSES FOR ANATOMY SPECIMENS.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
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hereby authorized and directed to execute on behalf of said City
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an Agreement with Sargeant's Wholesale Biologicals, a copy of
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which is attached hereto and incorporated herein as Exhibit" A"
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and referenced as fully as though set forth at length.
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SECTION 2. The agreement shall not take effect until fully
signed and executed by all parties.
The City shall not be
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obligated hereunder unless and until the agreement is fully
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executed and no oral agreement relating thereto shall be implied
or authorized.
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SECTION 3.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the 7th
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July 19, 1989
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH SARGEANT'S WHOLESALE BIOLOGICALS
2 FOR THE PURCHASE OF FELINE CARCASSES FOR ANATOMY SPECIMENS.
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, 1989, by the following vote, to wit:
day of August
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Council Members Estrada, Reilly, Flores,
AYES:
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NAYS:
None
. Minor, Pope-Ludlam, Miller
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ABSENT:
Council Member Malldslp.y
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~d~~1#
Cit'y Clerk
~Pt.L
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The foregoing resolution is hereby approved this
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, 1989.
of
~l1gllRt
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16 Approved as to
form and legal content:
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JAMES F. PENMAN,
18 City Attorney
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PZ/dys
July 19, 1989
day
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AGREEMENT
with
SARGEANT'S WHOLESALE BIOLOGICALS
This agreement is made on ---Au.gus.r 1 R
the City of San Bernardino, hereinafter called the "CITY", and
1989 between
Sargeant's Wholesale Biologicals, hereinafter called the
"CONTRACTOR".
City and Contractor agree as follows:
1. Recitals.
(a) Contractor is an independent contractor engaged
in the business of collecting feline carcasses for anatomy
specimens and would like to collect feline carcasses from
the City.
(b) The City has a need for disposal of feline
carcasses and will benefit by this collection.
2.
Scope of Services.
Contractor agrees during the term
of this contract, it shall remove feline carcasses on a
mutually agreed upon schedule.
Feline carcasses means
whole bodies of euthanized animals not less than ten (10)
inches in length and perfect specimens.
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.
PZjdys
July 19, 1989
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4.
Payments.
Contractor shall pay the City the sum of
TWO DOLLARS AND FIFTY CENTS ($2.50) per feline carcass.
City will bill Contractor on a monthly basis.
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 Agreement. 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.
This agreement may be cancelled by
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Termination.
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
Animal Control Office
333 Bloodbank Road
San Bernardino, CA 92408
Sargeant's Wholesale Biologicals
Michael Sargeant
P. O. Box 587
Loomis, CA 95650-0587
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July 19, 1989
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement on the date first above written.
~##~~
City Clerk
?J~~IYCINO
I f/JJLu~1L I)u~
W.R~ HOL OMB, Mayor
ATTEST:
SARGEANT'S WHOLESALE BIOLOGICALS
(JJIfI.e/f) ~~
MicHae Sargeant J
Approved as to form
and legal content:
James F. Penman,
City Attorney
BY~ZL--
PZjdys
July 19, 1989
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