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HomeMy WebLinkAbout2000-311 ,. I " i I I RESOLUTION NO. 2000-311 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A HORSE LEASE 3 AGREEMENT BETWEEN THE MOUNTED POLICE OFFICERS IN THE NEWLY FORMED MOUNTED ENFORCEMENT DETAIL ON THE SAN BERNARDINO POLICE 4 DEPARTMENT AND THE CITY OF SAN BERNARDINO. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and 8 directed to execute, on behalf of said City, a lease agreement between the Mounted Police Officers 9 of the San Bernardino Police Department, for lease of their personal horses, and the City of San 10 Bernardino, a copy of which is attached hereto as Exhibit" A. " 11 1/1 12 1/1 I3 1/1 14 1/1 15 11/ 16 11/ 17 1/1 18 1/1 19 11/ 20 11/ 21 1/1 22 11/ 23 1/1 24 1/1 25 1/1 26 1/1 27 11/ 28 1/1 I 2000-311 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A HORSE LEASE 2 AGREEMENT BETWEEN THE MOUNTED POLICE OFFICERS IN THE NEWLY FORMED MOUNTED ENFORCEMENT DETAIL ON THE SAN BERNARDINO POLICE 3 DEPARTMENT AND THE CITY OF SAN BERNARDINO. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a Joint Regular meeting thereof, 6 held on the16th day of October 7 COUNCIL MEMBERS: AYES 8 ESTRADA X - 9 LIEN X 10 MCGINNIS ~ 11 SCHNETZ X 12 SUAREZ X 13 ANDERSON - 14 MCCAMMACK X 15 16 17 , 2000, by the following vote, to wit: NAYS ABSTAIN ABSENT X ~'~~ rllna CITY CL RK ~ 18 19 The foregoing Resolution is hereby approved this \ q 1"-- dlJ.Y of Oc tober / ,2000. Approved as to form and 23 legal content: 20 21 22 24 JAMES F. PENMAN, City Attorney 25 26 27 28 / 2 2000-311 SAN BERNARDINO POLICE DEPARTMENT MOUNTED ENFORCEMENT DETAIL HORSE LEASE AGREEMENT 1, PARTIES: The parties of this agreement are the City of San Bernardino, hereinafter referred to as "lessee" and the undersigned Officer or Reserve Officer, hereinafter referred to as "lessor." 2, PURPOSE: The purpose of the Lease Agreement is to provide for the terms and conditions for the use of lessor's horse as needed by the lessee, in the course of the lessee's law enforcement function while such horse is under the management and control of the lessor during the performance of the lessors' duties as an Officer or Reserve Officer working the Mounted Enforcement Detail. 3, PAYMENT: The lessor will be a Member of the Mounted Enforcement Detail and the lessee will pay the lessor one dollar ($1,00) per year while the horse is being used for law enforcement duties. 4, DURATION: The duration of this lease will be for two (2) years from the date hereinafter indicated, provided however, it may be unilaterally terminated by either party upon seven (7) days notice to the other party with or without cause. 5. TERMS AND CONDITIONS: Except as otherwise provided in this agreement or by law, the lessee shall be under no obligation to compensate the lessor in any way for expenses or damages, Death or substantial injury to the horse caused from activity within the course and scope of the law enforcement duties will be compensated by the lessee according to the schedule set forth below. The lessee will not compensate lessor for death or injury to the horse caused solely by lessor's negligence. The lessor will only be compensated by lessee when the death or injury is caused from activity within the course and scope of departmental law enforcement duties. A. This Lease Agreement is only valid while the lessor is utilizing the horse which is named and described in Item 7 of this Agreement. Prior to the Lease Agreement being signed the horse and Officer or Reserve Officer will be tested by the Mounted Enforcement Detail for suitability to function within the scope of the Unit's law enforcement duties. B. For the purpose of the Agreement, disabled means death or incapacitating injury which renders the horse unfit for field service. C. In the event that within a sixty (60) day period, the lessor is unable to put the disabled horse back into service and has not readied Mounted Enforcement Detail Horse Lease Agreement Page 2 of 3 2000-311 another horse for service under this Agreement, the provisions of the Agreement will terminate provided that all other provisions are otherwise complied with. 6. LIABILITY AND INDEMNITY: Lessee agrees that during any time the lessor's horse is actually providing services for the lessee that the lessee shall be liable for the following: A. Any injuries or damages to third parties caused by lessee's use of the horse. B. Any veterinary charges for treatment of the horse due to injuries incurred by services to lessee up to a maximum of $2,500,00. C. In the event of death of the horse incurred by service to lessee, the lessee shall pay up to the fair market value of the horse. D. In the event the horse suffers a permanent injury by service to lessee, the lessee shall pay for the diminution in value of the horse. E. The lessee's total liability under sub-sections 6(b), 6(c) & 6(d) shall not exceed $5,000.00. 7, SUBJECT MATTER: Lessor's horse subject to this agreement is described as follows: NAME Dodger SEX Geld BREED Quarter Horse COLOR & MARKINGS Black SIZE 15.1 AGE 13 CONDITION Excellent FAIR MARKET VALUE $3,500.00 NAME OF VETERINARIAN Dr. Mark Ott VETERINARIAN'S ADDRESS eherry Valley VETERINARIAN'S PHONE NUMBER ( 909) 845-5030 DATE OF LAST VETERINARY EXAMINATION October 1999 8. The lessor shall be responsible for the following: A. Lessor shall transport the horse to the locations where the horse will be used with the cost of transport being born by the lessor. B. If the lessee requests the lessor to obtain any specific training for either the lessor or the horse, the lessee shall be liable for the expense of such training. Mounted Enforcement Detail Horse Lease Agreement Page 3 of 3 2000-311 C. Lessor shall provide a home and all necessary care and comfort for the horse including, without limitation, veterinary treatment, vaccinations, feed, horseshoes, inoculations and routine worming. 9. AGREEMENT: The foregoing eight provisions comprise the entire agreement between the parties as to the expense, reimbursement, injury, or death of the horse, All other expense occasioned by ownership, use or care of the horse shall be borne by lessor. The signature of the parties below designate acceptance of the terms of this agreement and shall be binding upon the parties upon the effective date of the contract. 11-1-0() DATE ~~t-~~:&L- - --I-~ OF SAN BERNARDINO 10-\'l-oD DATE 2000- 311 SAN BERNARDINO POLICE DEPARTMENT MOUNTED ENFORCEMENT DETAIL HORSE LEASE AGREEMENT 1. PARTIES: The parties of this agreement are the City of San Bernardino, hereinafter referred to as "lessee" and the undersigned Officer or Reserve Officer, hereinafter referred to as "lessor." 2. PURPOSE: The purpose of the Lease Agreement is to provide for the terms and conditions for the use of lessor's horse as needed by the lessee, in the course of the lessee's law enforcement function while such horse is under the management and control of the lessor during the performance of the lessors' duties as an Officer or Reserve Officer working the Mounted Enforcement Detail. 3. PAYMENT: The lessor will be a Member of the Mounted Enforcement Detail and the lessee will pay the lessor one dollar ($1.00) per year while the horse is being used for law enforcement duties. 4, DURATION: The duration of this lease will be for two (2) years from the date hereinafter indicated, provided however, it may be unilaterally terminated by either party upon seven (7) days notice to the other party with or without cause. 5. TERMS AND CONDITIONS: Except as otherwise provided in this agreement or by law, the lessee shall be under no obligation to compensate the lessor in any way for expenses or damages, Death or substantial injury to the horse caused from activity within the course and scope of the law enforcement duties will be compensated by the lessee according to the schedule set forth below. The lessee will not compensate lessor for death or injury to the horse caused solely by lessor's negligence. The lessor will only be compensated by lessee when the death or injury is caused from activity within the course and scope of departmental law enforcement duties. A. This Lease Agreement is only valid while the lessor is utilizing the horse which is named and described in Item 7 of this Agreement. Prior to the Lease Agreement being signed the horse and Officer or Reserve Officer will be tested by the Mounted Enforcement Detail for suitability to function within the scope of the Unit's law enforcement duties, B. For the purpose of the Agreement, disabled means death or incapacitating injury which renders the horse unfit for field service. C. In the event that within a sixty (60) day period, the lessor is unable to put the disabled horse back into service and has not readied Exhibit "A" Mounted Enforcement Detail Horse Lease Agreement Page 2 of 3 2000-311 another horse for service under this Agreement, the provisions of the Agreement will terminate provided that all other provisions are otherwise complied with. 6. LIABILITY AND INDEMNITY: Lessee agrees that during any time the lessor's horse is actually providing services for the lessee that the lessee shall be liable for the following: A. Any injuries or damages to third parties caused by lessee's use of the horse. B, Any veterinary charges for treatment of the horse due to injuries incurred by services to lessee up to a maximum of $2,500,00, C. In the event of death of the horse incurred by service to lessee, the lessee shall pay up to the fair market value of the horse. D. In the event the horse suffers a permanent injury by service to lessee, the lessee shall pay for the diminution in value of the horse, E. The lessee's total liability under sub-sections 6(b), 6(c) & 6(d) shall not exceed $5,000,00. 7, SUBJECT MATTER: Lessor's horse subject to this agreement is described as follows: NAME Basaue Golden Pawn CONDITION Very Good SEX Geld BREED Arabian SIZE 15.1 AGE 16 FAIR MARKET VALUE $4,500.00 COLOR & MARKINGS White/Palanino NAME OF VETERINARIAN Dr. Ken Ormiston VETERINARIAN'S ADDRESS 7501 Winship Way, eolton, eA 92324 VETERINARIAN'S PHONE NUMBER (909) 825-8681 DATE OF LAST VETERINARY EXAMINATION May 2000 8. The lessor shall be responsible for the following: A. Lessor shall transport the horse to the locations where the horse will be used with the cost of transport being born by the lessor. B. If the lessee requests the lessor to obtain any specific training for either the lessor or the horse, the lessee shall be liable for the expense of such training. Mounted Enforcement Detail Horse Lease Agreement Page 3 of 3 2000- 311 C. Lessor shall provide a home and all necessary care and comfort for the horse including, without limitation, veterinary treatment, vaccinations, feed, horseshoes, inoculations and routine worming. 9. AGREEMENT: The foregoing eight provisions comprise the entire agreement between the parties as to the expense, reimbursement, injury, or death of the horse. All other expense occasioned by ownership, use or care of the horse shall be borne by lessor. The signature of the parties below designate acceptance of the terms of this agreement and shall be binding upon the parties upon the effective date of the contract. 1/ ?-0eJ DATE ,-;? KJE -~o/ LESSEE ~- -- ~ F SAN BERNARDINO lo-\q -ou DATE Exhibit "A" 2000-311 SAN BERNARDINO POLICE DEPARTMENT MOUNTED ENFORCEMENT DETAIL HORSE LEASE AGREEMENT 1. PARTIES: The parties of this agreement are the City of San Bernardino, hereinafter referred to as "lessee" and the undersigned Officer or Reserve Officer, hereinafter referred to as "lessor." 2. PURPOSE: The purpose of the Lease Agreement is to provide for the terms and conditions for the use of lessor's horse as needed by the lessee, in the course of the lessee's law enforcement function while such horse is under the management and control of the lessor during the performance of the lessors' duties as an Officer or Reserve Officer working the Mounted Enforcement Detail. 3, PAYMENT: The lessor will be a Member of the Mounted Enforcement Detail and the lessee will pay the lessor one dollar ($1.00) per year while the horse is being used for law enforcement duties. 4. DURATION: The duration of this lease will be for two (2) years from the date hereinafter indicated, provided however, it may be unilaterally terminated by either party upon seven (7) days notice to the other party with or without cause. 5. TERMS AND CONDITIONS: Except as otherwise provided in this agreement or by law, the lessee shall be under no obligation to compensate the lessor in any way for expenses or damages, Death or substantial injury to the horse caused from activity within the course and scope of the law enforcement duties will be compensated by the lessee according to the schedule set forth below. The lessee will not compensate lessor for death or injury to the horse caused solely by lessor's negligence. The lessor will only be compensated by lessee when the death or injury is caused from activity within the course and scope of departmental law enforcement duties. A. This Lease Agreement is only valid while the lessor is utilizing the horse which is named and described in Item 7 of this Agreement. Prior to the Lease Agreement being signed the horse and Officer or Reserve Officer will be tested by the Mounted Enforcement Detail for suitability to function within the scope of the Unit's law enforcement duties. B. For the purpose of the Agreement, disabled means death or incapacitating injury which renders the horse unfit for field service, C. In the event that within a sixty (60) day period, the lessor is unable to put the disabled horse back into service and has not readied Mounted Enforcement Detail Horse Lease Agreement Page 2 of 3 2000-311 another horse for service under this Agreement, the provisions of the Agreement will terminate provided that all other provisions are otherwise complied with. 6. LIABILITY AND INDEMNITY: Lessee agrees that during any time the lessor's horse is actually providing services for the lessee that the lessee shall be liable for the following: A. Any injuries or damages to third parties caused by lessee's use of the horse, B. Any veterinary charges for treatment of the horse due to injuries incurred by services to lessee up to a maximum of $2,500.00. C. In the event of death of the horse incurred by service to lessee, the lessee shall pay up to the fair market value of the horse. D. In the event the horse suffers a permanent injury by service to lessee, the lessee shall pay for the diminution in value of the horse. E. The lessee's total liability under sub-sections 6(b), 6(c) & 6(d) shall not exceed $5,000.00. 7. SUBJECT MATTER: Lessor's horse subject to this agreement is described as follows: NAME Leon COLOR & MARKINGS Bav SEX Male BREED Thoroughbred 17 SIZE HandsAGE 15 CONDITION Excellent FAIR MARKET VALUE $5.000 NAME OF VETERINARIAN Dr. eramer VETERINARIAN'S ADDRESS 10083 Deep ereek Rd. Apple Valley. CA 92308 VETERINARIAN'S PHONE NUMBER ( 760) 247-4226 DATE OF LAST VETERINARY EXAMINATION 1999 8. The lessor shall be responsible for the following: A. Lessor shall transport the horse to the locations where the horse will be used with the cost of transport being born by the lessor. B. If the lessee requests the lessor to obtain any specific training for either the lessor or the horse, the lessee shall be liable for the expense of such training, 2000-311 Mounted Enforcement Detail Horse Lease Agreement Page 3 of 3 C. Lessor shall provide a home and all necessary care and comfort for the horse including, without limitation, veterinary treatment, vaccinations, feed, horseshoes, inoculations and routine worming. 9. AGREEMENT: The foregoing eight provisions comprise the entire agreement between the parties as to the expense, reimbursement, injury, or death of the horse. All other expense occasioned by ownership, use or care of the horse shall be borne by lessor. The signature of the parties below designate acceptance of the terms of this agreement and shall be binding upon the parties upon the effective date of the contract. /I-rf,~ DATE ~~"~ C;~.. ,f- 7'd DATE (' SAN BERNARDINO 2000-311 SAN BERNARDINO POLICE DEPARTMENT MOUNTED ENFORCEMENT DETAIL HORSE LEASE AGREEMENT 1. PARTIES: The parties of this agreement are the City of San Bernardino, hereinafter referred to as "lessee" and the undersigned Officer or Reserve Officer, hereinafter referred to as "lessor." 2. PURPOSE: The purpose of the Lease Agreement is to provide for the terms and conditions for the use of lessor's horse as needed by the lessee, in the course of the lessee's law enforcement function while such horse is under the management and control of the lessor during the performance of the lessors' duties as an Officer or Reserve Officer working the Mounted Enforcement Detail. 3, PAYMENT: The lessor will be a Member of the Mounted Enforcement Detail and the lessee will pay the lessor one dollar ($1,00) per year while the horse is being used for law enforcement duties. 4. DURATION: The duration of this lease will be for two (2) years from the date hereinafter indicated, provided however, it may be unilaterally terminated by either party upon seven (7) days notice to the other party with or without cause, 5. TERMS AND CONDITIONS: Except as otherwise provided in this agreement or by law, the lessee shall be under no obligation to compensate the lessor in any way for expenses or damages, Death or substantial injury to the horse caused from activity within the course and scope of the law enforcement duties will be compensated by the lessee according to the schedule set forth below. The lessee will not compensate lessor for death or injury to the horse caused solely by lessor's negligence. The lessor will only be compensated by lessee when the death or injury is caused from activity within the course and scope of departmental law enforcement duties. A. This Lease Agreement is only valid while the lessor is utilizing the horse which is named and described in Item 7 of this Agreement. Prior to the Lease Agreement being signed the horse and Officer or Reserve Officer will be tested by the Mounted Enforcement Detail for suitability to function within the scope of the Unit's law enforcement duties. B, For the purpose of the Agreement, disabled means death or incapacitating injury which renders the horse unfit for field service. C. In the event that within a sixty (60) day period, the lessor is unable to put the disabled horse back into service and has not readied Mounted Enforcement Detail Horse Lease Agreement Page 2 of 3 2000-311 another horse for service under this Agreement, the provisions of the Agreement will terminate provided that all other provisions are otherwise complied with. 6. LIABILITY AND INDEMNITY: Lessee agrees that during any time the lessor's horse is actually providing services for the lessee that the lessee shall be liable for the following: A. Any injuries or damages to third parties caused by lessee's use of the horse, B. Any veterinary charges for treatment of the horse due to injuries incurred by services to lessee up to a maximum of $2,500.00. C. In the event of death of the horse incurred by service to lessee, the lessee shall pay up to the fair market value of the horse, D. In the event the horse suffers a permanent injury by service to lessee, the lessee shall pay for the diminution in value of the horse. E. The lessee's total liability under sub-sections 6(b), 6(c) & 6(d) shall not exceed $5,000.00. 7. SUBJECT MATTER: Lessor's horse subject to this agreement is described as follows: NAME Nicole Da110tta SEX F BREED Paint 14.3 SIZE HandsAGE 17 (3-7-83) COLOR & MARKINGS 80=el wjblaze wht socks CONDITION Excellent FAIR MARKET VALUE $4,000.00 NAME OF VETERINARIAN Kenneth Onniston, D. V.M. VETERINARIAN'S ADDRESS 1165 Olive Street, Colton VETERINARIAN'S PHONE NUMBER ( 909) 825-8681 DATE OF LAST VETERINARY EXAMINATION 1998 8. The lessor shall be responsible for the following: A. Lessor shall transport the horse to the locations where the horse will be used with the cost of transport being born by the lessor. B. If the lessee requests the lessor to obtain any specific training for either the lessor or the horse, the lessee shall be liable for the expense of such training. 2000-311 Mounted Enforcement Detail Horse Lease Agreement Page 3 of 3 C, Lessor shall provide a home and all necessary care and comfort for the horse including, without limitation, veterinary treatment, vaccinations, feed, horseshoes, inoculations and routine worming. 9. AGREEMENT: The foregoing eight provisions comprise the entire agreement between the parties as to the expense, reimbursement, injury, or death of the horse, All other expense occasioned by ownership, use or care of the horse shall be borne by lessor. The signature of the parties below designate acceptance of the terms of this agreement and shall be binding upon the parties upon the effective date of the contract. ~L- L,,- 06 DATE ll, ~L C~~~ LESSOR I.l'?4'V DATE