HomeMy WebLinkAbout1997-074
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RESOLUTION NO.
97-74
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING AGREEMENTS BETWEEN THE CITY OF SAN
3 BERNARDINO AND JULIA ALVAREZ AND LAURA BREMER IN REGARD TO THE
BOARDING, CARING, AND FEEDING OF THREE HORSES IN THE CUSTODY AND
4 CONTROL OF THE CITY OF SAN BERNARDINO DEPARTMENT OF ANIMAL
CONTROL.
5
6
WHEREAS, the City of San Bernardino animal shelter impounded three (3) horses,
7 specifically a bay mare, a chestnut mare, and a gray mare under the animal abuse statutes; and
8
WHEREAS, the horses are evidence in a matter pending with the San Bernardino County
9 District Attorney's Office; and
10 WHEREAS, the veterinarian hired by the City of San Bernardino Department of Animal
II Control to treat the three (3) abused horses recommended that such horses be relocated to more
12 suitable facilities that offer pasture or arena areas for exercise; and
13
WHEREAS, Julia Alvarez and Laura Bremer have pastures and/or an arena for the proper
14 care and exercise of the three (3) horses during the pendency of the aforementioned criminal matter;
15
WHEREAS, the subject horses had to be moved from the animal shelter to facilities more
16 suitable for long-term boarding as soon as such facilities were located due to the health of the horses
17 being seriously compromised from lack of exercise.
18
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
19 OF SAN BERNARDINO AS FOLLOWS:
20 SECTION 1. The agreement entered into by Acting City Administrator Fred Wilson and
21 Julia Alvarez on January 18, 1997 in regard to the boarding, caring, and feeding of the aforementioned
22 bay mare is hereby ratified. Said agreement is attached hereto as Exhibit "A" and incorporated herein
23 by reference as through fully set forth at length.
24 SECTION 2. The two agreements entered into by Acting City Administrator Fred Wilson
25 and Laura Bremer on January 18, 1997 in regard to the boarding, caring and feeding of the
26 aforementioned chestnut and gray mares in the custody and control of the City of San Bernardino
27 Department of Animal Control are hereby ratified. Said agreements are attached hereto as Exhibit "Boo
28 and "Coo respectively and incorporated herein by reference as though fully set forth at length.
I
r
97-74
"
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RATIFYING AGREEMENTS BETWEEN THE CITY OF SAN
2 BERNARDINO AND JULIA ALVAREZ AND LAURA BREMER IN REGARD TO THE
BOARDING, CARING, AND FEEDING OF THREE HORSES IN THE CUSTODY AND
3 CONTROL OF THE CITY OF SAN BERNARDINO DEPARTMENT OF ANIMAL
CONTROL.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint
6 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 3rd day
7 of Marc!, I 997, by the following vote, to wit:
8 Council Members:
9 NEGRETE
10 CURLIN
11 ARIAS
12 OBERHELMAN
13 DEVLIN
14 ANDERSON
15 MILLER
16
17
18
AYES
NAYS
ABSTAIN ABSENT
x
x
x
x
x
x
x
--r~')!{a~
Tom Minor, Mayor
City of San Bernardino
19
20
21
The foregoing Resolution is hereby approved this If!/.. day of
March
,1997,
KDfi fUieli]j(/z,
Rachel Clark, City Clerk
22
23
!J J1ndJ,ajl)lNljJ1(j~ JJr'.I~
Approved as to form
24 and legal content:
25 JAMES F, PENMAN,
City Attorney
26
27
28
?,J7~
2
97-74
I CONTRACT FOR SERVICES
2 THIS AGREEMENT is entered into this /g~ day of JIt-Nl!f7K'Y, 1997, by and
3 between JULIA ALVAREZ and the CITY OF SAN BERNARDINO, hereinafter referred to as the
4 "CITY":
5
6
WITNE S SE T H:
A.
WHEREAS, the CITY animal shelter impounded a horse, specifically a bay mare,
7 under the animal abuse statutes; and,
8
B.
WHEREAS, the horse is evidence in a matter pending with the San Bernardino
9 County District Attorney's Office; and,
10
c.
WHEREAS, the CITY animal shelter facilities are not suitable for long-term
II accommodations for this horse.
12 NOW THEREFORE, the parties hereto agree as follows:
13
14
1.
SCOPE OF AGREEMENT.
a,
JULIA ALVAREZ agrees to provide feed, board, and care for the
15 subject bay mare;
16
b,
At all times during the performance of this agreement, the bay mare
17 remains in the custody and control of the CITY, but under the care of JULIA
18 ALVAREZ;
19
c,
In the event that the horse is sick or injured, JULIA ALVAREZ is
20 authorized by the CITY to obtain treatment for the horse from a veterinarian of her
21 choice,
22
2.
COMPENSATION. JULIA ALVAREZ will be paid $200,00 per month by the
23 CITY to provide care for the horse, including training and exercise,
24
3.
TERM. This contract shall take effect on January 18, 1997, and shall remain in
25 effect until the criminal prosecution is concluded, or until terminated by the parties to this
26 agreement.
27
28
4.
HOLD HARMLESS.
a.
The CITY agrees to indemnify, defend, and hold harmless JULIA
SDE/BG [Horse,Agr]
January 17, 1997
EXHIBIT -A-
97-74
I ALVAREZ from and against any and all claims, lawsuits, actions, liability, damages,
2 losses, expenses and costs (including, but not limited to, attorney's fees) brought for
3 or on account of injuries to or death of the bay mare, but excluding such claims,
4 lawsuits, actions, liability, damages, losses, expenses and costs (including, but not
5 limited to, attorney's fees) for damages arising from the sole negligence or willful
6 misconduct of JULIA ALVAREZ, her employees and/or agents,
7
b,
JULIA ALVAREZ agrees to indemnify, defend, and hold harmless
8 the CITY, its officers, employees and agents, from and against any and all claims,
9 lawsuits, actions, liability, damages, losses, expenses and costs (including, but not
10 limited to, attorney's fees) brought for or on account of injuries to JULIA
II ALVAREZ, her employees and/or agents, arising out of or in connection with the
12 performance of this agreement.
13
s.
TERMINATION OF CONTRACT. The CITY or JULIA ALVAREZ has the
14 right to terminate or suspend this contract upon verbal notice of at least 48 hours to the other party,
15 in which case either party will be liable for the prorated costs due to the date of termination or date
16 of suspension.
17
6.
NOTICES. All notices herein required shall be made to the parties as follows:
18
As to CITY:
As to JULIA ALVAREZ:
19
20
21
22
Deborah L. Biggs, Director of Animal Control
CITY OF SAN BERNARDINO
300 North "D" St.
San Bernardino, CA 92418
(909) 384-5275
Julia Alvarez
13472 Oaks Avenue
Chino, CA 91710
(909) 590-1556
23 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
24 date first above shown,
25
26
27
(
28
SDE/BG [Horse,Agr] 2
CITYSF,S;;r BERNARDINO
.Jf&~
B : Fred Wilson
Acting City Administrator
January 17, 1997
97-74
I CONTRACT FOR SERVICES
2 THIS AGREEMENT is entered into this 19'':;- day of -:);;nul\n.t' ' 1997, by and
3 between LAURA BREMI'1ER and the CITY OF SAN BERNARDINO, hereinafter referred to as
4 the "CITY":
5
6
WITN E SSE T H:
A.
WHEREAS, the CITY animal shelter impounded a horse, specifically a chestnut
7 mare, under the animal abuse statutes; and,
8
B.
WHEREAS, the horse is evidence in a matter pending with the San Bernardino
9 County District Attorney's Office; and,
10
c.
WHEREAS, the CITY animal shelter facilities are not suitable for long-term
II accommodations for this horse.
12 NOW THEREFORE, the parties hereto agree as follows:
13 1. SCOPE OF AGREEMENT.
14 a. LAURA BREM~ER agrees to provide feed, board, and care for the
15 subject chestnut mare;
16
b,
At all times during the performance of this agreement, the chestnut
17 mare remains in the custody and control of the CITY, but under the care of LAURA
18 BREM)<'tER;
19
c,
In the event that the horse is sick or injured, LAURA BREM~R is
20 authorized by the CITY to obtain treatment for the horse from a veterinarian of her
21 choice.
22
2.
COMPENSATION. LAURA BREM)o1ER will be reimbursed by the CITY for the
23 actual cost of feed and vitamin supplements for the subject horse.
24
3.
TERM. This contract shall take effect on January 18, 1997, and shall remain in
25 effect until the criminal prosecution is concluded, or until terminated by the parties to this
26 agreement.
27
28
4.
HOLD HARMLESS.
a,
The CITY agrees to indemnify, defend, and hold harmless LAURA
SDE/BG [Horse2.Agr]
I
January 17, 1997
EXHIBIT -BR
97-74
.
I BREMMER from and against any and all claims, lawsuits, actions, liability,
2 damages, losses, expenses and costs (including, but not limited to, attorney's fees)
3 brought for or on account of injuries to or death of the chestnut mare, but excluding
4 such claims, lawsuits, actions, liability, damages, losses, expenses and costs
5 (including, but not limited to, attorney's fees) for damages arising from the sole
6 negligence or willful misconduct of LAURA BRE~ER, her employees and/or
7 agents,
8
b.
LAURA BREMMER agrees to indemnify, defend, and hold harmless
9 the CITY, its officers, employees and agents, from and against any and all claims,
10 lawsuits, actions, liability, damages, losses, expenses and costs (including, but not
II limited to, attorney's fees) brought for or on account of injuries to LAURA
12 BREMp.1ER, her employees and/or agents, arising out of or in connection with the
13 performance of this agreement.
14
TERMINATION OF CONTRACT. The CITY or LAURA BREI\.1,MER has the
s.
15 right to terminate or suspend this contract upon verbal notice of at least 48 hours to the other party,
16 in which case either party will be liable for the prorated costs due to the date of termination or date
17 of suspension.
18
19
6.
NOTICES. All notices herein required shall be made to the parties as follows:
As to CITY:
As to LAURA BREMMER:
20
21
Laura Bremmer
2677 Valley View Avenue
Norco, CA
(909) 371-7656
22
23
Deborah L. Biggs, Director of Animal Control
CITY OF SAN BERNARDINO
300 North "D" St.
San Bernardino, CA 92418
(909) 384-5275
24 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
25 date first above shown.
_ ,)
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,.-~ or: /1 c./
AllJM m~ER
26
F
28
SDEIBG [Horse2.Agr]
2
January 17, 1997
97-74
I CONTRACT FOR SERVICES
2 THIS AGREEMENT is entered into this I ~1!J. day of"St:lnu('( "ir ' 1997, by and
3 between LAURA BREMiI1ER and the CITY OF SAN BERNARDINO, hereinafter referred to as
4 the "CITY":
5
6
WIT N E SSE T H:
A.
WHEREAS, the CITY animal shelter impounded a horse, specifically a gray mare,
7 under the animal abuse statutes; and,
8
B.
WHEREAS, the horse is evidence in a matter pending with the San Bernardino
9 County District Attorney's Office; and,
10
C.
WHEREAS, the CITY animal shelter facilities are not suitable for long-term
II accommodations for this horse.
12 NOW THEREFORE, the parties hereto agree as follows:
13
14
1.
SCOPE OF AGREEMENT.
a,
LAURA BREM;<<ER agrees to provide feed, board, and care for the
15 subject gray mare;
16
b.
At all times during the performance of this agreement, the gray mare
17 remains in the custody and control of the CITY, but under the care of LAURA
18 BREM}flER;
19
c.
In the event that the horse is sick or injured, LAURA BREMMER is
20 authorized by the CITY to obtain treatment for the horse from a veterinarian of her
21 choice,
22
2.
COMPENSATION. LAURA BREM;fER will be reimbursed by the CITY for the
23 actual cost of feed and vitamin supplements for the subject horse.
24
3.
TERM. This contract shall take effect on January 18, 1997, and shall remain in
25 effect until the criminal prosecution is concluded, or until terminated by the parties to this
26 agreement.
27
28
4.
HOLD HARMLESS.
a,
The CITY agrees to indemnify, defend, and hold harmless LAURA
SDE/BG [Horse3.Agr]
I
January 17, 1997
EXHIBIT .C.
,.
97-74
I BREM~ER from and against any and all claims, lawsuits, actions, liability,
2 damages, losses, expenses and costs (including, but not limited to, attorney's fees)
3 brought for or on account of injuries to or death of the gray mare, but excluding such
4 claims, lawsuits, actions, liability, damages, losses, expenses and costs (including,
5 but not limited to, attorney's fees) for damages arising from the sole negligence or
6 willful misconduct of LAURA BREMfrER, her employees and/or agents,
7
b,
LAURA BREM,MER agrees to indemnify, defend, and hold harmless
8 the CITY, its officers, employees and agents, from and against any and all claims,
9 lawsuits, actions, liability, damages, losses, expenses and costs (including, but not
10 limited to, attorney's fees) brought for or on account of injuries to LAURA
II BREM~R, her employees and/or agents, arising out of or in connection with the
12 performance ofthis agreement.
13 S. TERMINATION OF CONTRACT. The CITY or LAURA BREMfER has the
14 right to terminate or suspend this contract upon verbal notice of at least 48 hours to the other party,
15 in which case either party will be liable for the prorated costs due to the date of termination or date
16 of suspension,
17
18
19
20
21
22
6.
NOTICES. All notices herein required shall be made to the parties as follows:
As to CITY:
As to LAURA BREM,l\1ER:
Deborah L. Biggs, Director of Animal Control
CITY OF SAN BERNARDINO
300 North "D" St.
San Bernardino, CA 92418
(909) 384-5275
Laura BreIl1Jl'ier
2677 Valley View Avenue
Norco, CA
(909) 371-7656
23 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
24 date first above shown.
CITY OF i[,I'KNAJillINO
~ Wilw"
Acting City Administrator
28
SDE/BG [HorseJ.Agr]
2
January 17, 1997