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HomeMy WebLinkAbout20-Animal Control , C1TY OF.SAN BERNARDINO - REQUEST FOR COUNCIL ACTION I . 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 ~,i&. 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 t?,>;6~~7 Agenda Item No. ~ I' 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. e I 2 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": 5 6 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, 8 B. WHEREAS, the horse is evidence in a matter pending with the San Bernardino 9 County District Attorney's Office; and, 10 WHEREAS, the CITY animal shelter facilities are not suitable for long-term c. II accommodations for this horse. 12 13 e 14 IS 16 17 18 19 20 21 22 23 24 25 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. e 27 28 4. HOLD HARMLESS. a. The CITY agrees to indemnify, defend, and hold harmless JULIA SDEIBG [Horse.Agr) January 17. 1997 e e e 1 2 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. 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 11 ALVAREZ, her employees and/or agents, arising out of or in connection with the 12 performance of this agreement. 13 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. 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 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. 25 CITY OF SAN BERNARDINO J:-- tl Y;;}/f.l<.- By: Fred Wilson Acting City Administrator SDEIBG [Horse.Agr] 2 January 17. 1997 ,--- e 12 13 e 14 15 16 17 18 19 20 21 22 23 24 25 e 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": 5 6 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, 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. 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. 27 28 4. HOLD HARMLESS. a. The CITY agrees to indemnify, defend, and hold harmless LAURA SDE/BG [Horse2.Agr] I January 17. 1997 e e e 2 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. 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 BREMpliER, 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 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. 18 19 20 21 22 23 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. .~ /; ~ //- _//~. / . LAURA BREK:JMER 28 CI~' ,F,SfNBERNARDINO ~j /l-l-..-Y./ "-II 'i/~.- ~___ By: Fred Wilson Acting City Administrator 26 27 SDEIBG (Horse2.Agr] 2 January 17, 1997