HomeMy WebLinkAbout20-Animal Control
, C1TY OF.SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From:Deborah L. Biggs
Director of Animal Control
Dept: Animal Control
SubjectResolution ratifying agreements between
Julia Alvarez and Laura Bremer in regard to the
boarding, caring and feeding of three horses in
the custody of Animal Control.
Date: 2-14-97
Synopsis of Previous Council action:
None from Common Council
OiflGINAL
Recommended motion:
Adopt Resolution
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Contect perlon: Deborah L. Bi ggs, Di rector of Animal Control Phone: 384-5275
Supporting data attached:
yes
Werd: NA
FUNDING REQUIREMENTS:
A t $500.00
moun:
Source: (ACCT. NO.) 124-232-5505
(ACCT. DESCRIPTION) Contractual Services
Note: Expenses will potentially be offset by revenues at Finance:
flnal dlSposltlon of court case.
Council Notel:
Res 97- 7'1
I 75.0262
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Agenda Item No. ~
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STAFF REPORT
On November 14, 1996, the Animal Control Department impounded three horses
and two dogs under animal abuse statutes. The case has been submitted to the
District Attorney; because of the DA's work load, the case has not yet been
reviewed nor charges accepted. until such time as the final disposition of
this case, it is the department's responsibility to provide care for the
impounded animals.
While the facilities at the Animal Shelter are suitable for short term care,
they are not adequate for long term accommodations. Dr. Ormiston, the
veterinarian used for this case, has recommended that the horses be relocated
in a more suitable situation where they can receive daily exercise.
The major challenge has been the placement of one horse who has dangerous
behaviors and must be in an environment where she will be handled by
knowledgeable and willing people. The department's goal is to rehabilitate
the horse; without professional intervention, this horse's destiny appears to
be the slaughterhouse.
Shelter staff has identified two (2) individuals willing to provide
accommodations and care for the horses. All involved understand that this is
a "foster" situation and that the horses are evidence in the case.
Staff is asking for legal agreements between the city and the individuals.
Points to be covered include:
1. That the horses are evidence and under the custody of the
City of San Bernardino
2. A release of liability for the caretakers in the event
the horse(s) are injured.
3. Authorization to have a veterinarian treat the animal in
the event it is sick or injured.
Horse caretakers are:
1. Julia Alvarez, 13472 Oaks Avenue, Chino, CA 91710. Ms. Alvarez is
providing care to the "problem" horse described above. If this horse becomes
more than she can handle, she will ask us to take it back. Ms. Alvarez will
be compensated $200 per month to provide feeding, care, training and exercise
for the horse.
2. Laura Bremer, 2677 Valley View Avenue, Norco, CA. Ms. Bremer is
taking the other two (2) horses. Our agreement with Ms. Bremer is for the
reimbursement (actual cost) of feed and vitamin supplements for the horses.
Agreements were executed by all parties involved on January 18, 1997 with the
agreement of James F. Penman, city Attorney, and Fred wilson, Acting City
Administrator. Emergency agreements were necessary for the health and well
being of the staff, as the one horse described above was dangerous to the
staff. The agreement with Ms. Bremer was necessary for the health and well
being of the horses in the city's care.
ADDENDUM: On February 13, 1997, arrangements were made to remove the bay
mare from Ms. Alvarez' property as the horse had become even more dangerous
and aggressive to Ms. Alvarez and her staff. The horse is currently at the
shelter while all options for the horse's care are explored.
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CONTRACT FOR SERVICES
THIS AGREEMENT is entered into this IS' ~ day of ,J'.}"""fI',V , 1997, by and
3 between JULIA ALVAREZ and the CITY OF SAN BERNARDINO, hereinafter referred to as the
4 "CITY":
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WIT N E SSE T H:
A.
WHEREAS, the CITY animal shelter impounded a horse, specifically a bay mare,
7 under the animal abuse statutes; and,
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B.
WHEREAS, the horse is evidence in a matter pending with the San Bernardino
9 County District Attorney's Office; and,
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WHEREAS, the CITY animal shelter facilities are not suitable for long-term
c.
II accommodations for this horse.
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NOW THEREFORE, the parties hereto agree as follows:
I. SCOPE OF AGREEMENT.
a. JULIA ALVAREZ agrees to provide feed, board, and care for the
subject bay mare;
b. At all times during the performance of this agreement, the bay mare
remains in the custody and control of the CITY, but under the care of JULIA
ALVAREZ;
c. In the event that the horse is sick or injured, JULIA ALVAREZ is
authorized by the CITY to obtain treatment for the horse from a veterinarian of her
choice.
2. COMPENSATION. JULIA ALVAREZ will be paid $200.00 per month by the
CITY to provide care for the horse, including training and exercise.
3. TERM. This contract shall take effect on January 18, 1997, and shall remain in
effect until the criminal prosecution is concluded, or until terminated by the parties to this
26 agreement.
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4.
HOLD HARMLESS.
a.
The CITY agrees to indemnify, defend, and hold harmless JULIA
SDEIBG [Horse.Agr)
January 17. 1997
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ALVAREZ from and against any and all claims, lawsuits, actions, liability, damages,
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.
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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
11 ALVAREZ, her employees and/or agents, arising out of or in connection with the
12 performance of this agreement.
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5.
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.
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6.
NOTICES. All notices herein required shall be made to the parties as follows:
As to CITY:
As to JULIA ALVAREZ:
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.
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CITY OF SAN BERNARDINO
J:-- tl
Y;;}/f.l<.-
By: Fred Wilson
Acting City Administrator
SDEIBG [Horse.Agr]
2
January 17. 1997
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CONTRACT FOR SERVICES
2 THIS AGREEMENT is entered into this IS"":" day of -:),,,,, "'':1' , 1997, by and
3 between LAURA BREMMER and the CITY OF SAN BERNARDINO, hereinafter referred to as
4 the "CITY":
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WIT N E SSE T H:
A.
WHEREAS, the CITY animal shelter impounded a horse, specifically a chestnut
7 mare, under the animal abuse statutes; and,
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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.
NOW THEREFORE, the parties hereto agree as follows:
1. SCOPE OF AGREEMENT,
a. LAURA BREMMER agrees to provide feed, board, and care for the
subject chestnut mare;
b. At all times during the performance of this agreement, the chestnut
mare remains in the custody and control of the CITY, but under the care of LAURA
BREMMER;
c. In the event that the horse is sick or injured, LAURA BREMMER is
authorized by the CITY to obtain treatment for the horse from a veterinarian of her
choice.
2. COMPENSATION. LAURA BREM,MER will be reimbursed by the CITY for the
actual cost of feed and vitamin supplements for the subject horse.
3. TERM. This contract shall take effect on January 18, 1997, and shall remain in
effect until the criminal prosecution is concluded, or until terminated by the parties to this
26 agreement.
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4.
HOLD HARMLESS.
a. The CITY agrees to indemnify, defend, and hold harmless LAURA
SDE/BG [Horse2.Agr]
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January 17. 1997
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BREMMER from and against any and all claims. lawsuits. actions. liability.
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.
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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 BREMpliER, her employees and/or agents, arising out of or in connection with the
13 performance of this agreement.
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TERMINATION OF CONTRACT. The CITY or LAURA BREMMER has the
5.
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 susp~nsion.
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6.
NOTICES. All notices herein required shall be made to the parties as follows:
As to CITY:
As to LAURA BREM,MER:
Deborah L. Biggs, Director of Animal Control
CITY OF SAN BERNARDINO
300 North "D" St.
San Bernardino, CA 92418
(909) 384-5275
Laura Bremrlter
2677 Valley View Avenue
Norco, CA
(909) 371-7656
24 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
25 date first above shown.
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. LAURA BREK:JMER
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CI~' ,F,SfNBERNARDINO
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By: Fred Wilson
Acting City Administrator
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SDEIBG (Horse2.Agr]
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January 17, 1997