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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
f
Dept: CITY ATTORNEY I
\,i.. . , .
Date: January 15,2003
Subject: Resolution Authorizing the Execution of an
Agreement with Jeff and Lisa Harvey for Utilization of
. llloodhounds at the San Bernardino Police Department
&nd Fire Department
,I..
Synopsis of Previous Council Action:
November 2, 1998: Resolution 98-311 approved - Agreement for Use of Bloodhounds for Police Work.
Recommended motion:
Adopt Resolution.
9i/::~_
Contact person: Robert L. Simmons
Phone:
5355
Supporting data attached: Staff ReDort
Ward:
All
FUNDING REQUIREMENTS: Amount:
Source:
Finance:
Council Notes:
'QESc\~2CD:.J, -I?s
n
if)! /03
Agenda Item No.
STAFF REPORT
Council Meeting Date: -'anuarv 21, 2003
TO: Mayor and Common Council
FROM: James F. Penman, City Attorney
DATE: January 15, 2003
AGENDA ITEM: Agreement for the Use of Bloodhounds at the San Bernardino Police
Department and Fire Department.
In 1998, the Mayor and Common Council approved an agreement with Jeff and Lisa Harvey
for the use of their two bloodhounds for searching and tracking victims, suspects and evidence in
crimes. Jeff Harvey is a San Bernardino Police Officer. Since that time the Harveys have also
begun using the dogs to assist fire departments in arson investigations. The San Bernardino City Fire
Department would like to utilize the services of Mr. and Mrs. Harvey and their bloodhounds.
The Harveys donate the services of the bloodhounds. In return, the City agrees to pay for
injuries or damages caused by the dogs and veterinary charges for treatment due to injuries incurred
during services to the City. To date no payments have had to be made by the City.
If Jeff Harvey responds as the dog handler, he is paid all salary and benefits required by the
Memorandum of Understanding between the City and the San Bernardino Police Officers'
Association and applicable State and Federal laws.
The City Attorney's office has prepared the proposed Agreement at the request of the Fire
Department and the Harveys.
1 RESOLUTION NO._
2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
3 JEFF AND LISA HARVEY FOR UTILIZATION OF BLOODHOUNDS AT THE SAN
BERNARDINO POLICE AND FIRE DEPARTMENTS.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed
to execute, on behalf of the City of San Bernardino, an Agreement with Jeff and Lisa Harvey
relating to the use of Bloodhounds at the San Bernardino Police Department. a copy of said
Agreement is attached hereto. marked Exhibit "A" and incorporated herein by reference as fully
set forth at length.
SECTION 2. The authorization to execute the above-referenced Agreement h shall expire
and be void and of no further effect if the Agreement is not executed by both parties and returned
to the Office of the City Clerk within ninety (90) days following the effective date of the
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1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
2 JEFF AND LISA HARVEY FOR UTILIZATION OF BLOODHOUNDS AT THE SAN
BERNARDINO POLICE AND FIRE DEPARTMENTS.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof,
,2003, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
CITY CLERK
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The foregoing Resolution is hereby approved this
day of
,2003.
JUDITH V ALLES, Mayor
City of San Bernardino
22 Approved as to form and
legal content: _
23
JAMES F. PENMAN,
24 City Attorney
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-&.
RlSIjs [HARVEY. RES]
AGREEMENT FOR THE USE OF BLOODHOUNDS
FOR POLICE AND FIRE WORK
Recitals
A. JEFF HARVEY is a police officer with the City of San Bernardino and his wife is
-\ HARVEY.
B. JEFF HAR VEY and USA HARVEY ("Harveys") own two bloodhounds which have
1 trained to assist police and fire departments in searching and tracking victims, suspects and
.ence in crimes, as well as searching for lost or missing persons.
C. Both the bloodhounds and the HARVEYS have been trained in search and handling
niques, respectively, and are continuously training to maintain and improve their skills.
D. The HAR VEYS both wish to donate their services as handlers, as well as the service
eir bloodhounds to local law enforcement and fire agencies, including the San Bernardino Police
artment and Fire Department.
E. The San Bernardino Police Department and Fire Department desire to utilize the
ices of the HARVEYS and their bloodhounds on an "as-needed" basis.
Al!:reement:
The undersigned parties agree as follows:
I. The City of San Bernardino Police Department (SBPD) or Fire Department (SBFD)
call the HARVEYS to use either or both of the bloodhounds owned by the HARVEYS as well
e services of the HARVEYS as handlers as police or fire needs may require.
2. The use of the dogs will be on a strictly volunteer basis. Except as otherwise
ided in this agreement or by law, the SBPD or the SBFD shall be under no obligation to
pensate the HAR VEYS in any way for expenses or damages.
3. The SBPD and SBFD shall establish criteria for use of a bloodhound through a
dard Operating Procedure. The SBPD or SBFD, in its sole discretion, shall detennine whether
lation requires use of the bloodhounds.
4. The CITY agrees that during any time the bloodhound(s) are actually providing
ce to the SBPD or SBFD that the CITY shall be liable for the following:
^
1 a. Any injuries or damages to third parties caused by the bloodhound(s); and,
2 b. Any veterinary charges for treatment of the bloodhound(s) due to injuries
3 incurred by service to the CITY.
4 5. The HARVEYS shall provide a home and all necessary care and comfort for the
5 bloodhound(s) including, without limitations, veterinary treatment, vaccinations and license without
6 any claim for compensation or reimbursement from the CITY.
7 6. The HARVEYS shall provide training both for the bloodhounds(s) andforthemselves
8 as handlers without any claims for compensation or reimbursement from the CITY.
9 7. If the SBPD or SBFD request the HARVEYS to obtain any specific training foreither
10 the HARVEYS or the bloodhound(s), the CITY shall be liable for the expense of such training.
11 8. The HARVEYS shall transport the bloodhound(s) to the locations where the
12 bloodhound(s) will be used without any claims for compensation or reimbursement from the City.
13 9. The parties expect that LISA HARVEY will normally be the handler responding to
14 a call with the bloodhounds.
15 10. If JEFF HAR VEY responds to a call from the SBPD or SBFD as the handler for the
16 bloodhounds during his off hours, he will be paid any salary benefits required by the Memorandum
17 of Understanding between the CITY and the San Bernardino Police Officers' Association and any
18 applicable state and federal laws.
19 /1/
20 1//
21 1//
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23 /1/
24 /1/
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26 1//
27 1//
28 1//
,
1
11.
The HARVEYS agree to obey any orders issued to them by the SBPD or SBFD
2 officers or supervisors in charge of the scene of the operation where the bloodhound(s) are deployed.
3
THE CITY OF SAN BERNARDINO
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Dated:
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7 Dated:
8
Dated:
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11 Approved as to fonn
and legal content:
12
J Al\tIES F. PENMAN,
13 City Attorney
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--- - -----
By: JUDITH V AILES, Mayor
USA HARVEY
JEFF HARVEY
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
January 28, 2003
TO:
Jeff Harvey, Police Department
FROM:
Michelle Taylor, City Clerk's Office
RE:
Transmitting Documents for Signature - Resolution 2003-18
At the Mayor and Common Council meeting of January 21,2003, the City of San Bernardino
adopted Resolution 2003-18 - Resolution authorizing the execution of an agreement with Jeff
and Lisa Harvey for utilization of bloodhounds at the San Bernardino Police and Fire
Departments.
Attached is one (I) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 90 days, or by April 21, 2003.
If you have any questions, please do not hesitate to contact me at ex!. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby ac
f the above mentioned documents.
Signed:
Date:
2 //O/D 1
I ."
Please sign and return
300 North "D" Street, San Bemardino, CA 92418 FAX: 909 384-5158
CITY OF SAN
BERNARDINO
CITY CLERK'S
OFFICE
Fax
To:
Fire Dept.
From: Michelie Taylor
Fax: (909) 384-5281
Date: February 12, 2003
Phone: (909) 384-5388
Pages: 6 (including cover)
Re: Resolution 2003-18/ Use of Bloodhounds CC:
o Urgent
o For Review
o Please Comment 0 Please Reply
o Please Recycle
-Comments:
Attached is a copy of Resolution 2003-18 with an unsigned copy of the agreement. The
agreement is out for signatures. Once it is fully executed, I will forward a copy to you.
If you have any questions, please give me a call at ex!. 3206.
Michelle Taylor
Sr. Secretary, City Clerk's Office
(909)384-5002, ex!. 3206
TAYLOR MIta>CI.SAN-BERNARDINO.CA.US
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 14, 2003
TO:
Robert L. Simmons, Sr. Assistant City Attorney
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-18 - Agreement with Jeff and Lisa Harvey for Use of
Bloodhounds
CC:
Veronica Martinez, Finance; Norma Camarena, Fire Dept.
Attached is a fully executed copy of the agreement with Jeff and Lisa Harvey for utilization of
bloodhounds at the San Bernardino Police Department and Fire Department. The original
agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
ZCXY,3 - ) '6
Absent -E:t-
Meeting Date (Date Adopted): j. 21- 03 Item # I'
Vote: Ayes /- 'l Nays .~
Change to motion to amend original documents:
Resolution #
Abstain h-
NullNoidAfter:qo Dflp/J1-Zi-C)5
I
Reso. # On Attachments: /
Contract term: --
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
By:
Date Sent to MaforO
Date of Mayor's Signature:
Reso. Log Updated: v
Seal Impressed: /'
1-22, ~,'2
-~ ..... )
('''_,-'-'3
\ - dt' 0 ~
Date of ClerklCDC Signature:
See Attached: -Lbate Returned: 3 '/L)'-Q3
See Attached:
See Attached:
Date Memo/Letter Sent for Signature: l- -0 ';;, - (:, r-':.
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
Request for Council Action & Staff Report Attached: Yes /
Updated Prior Resolutions (Other Than Below): Yes
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes
Updated CDC Personnel Folders (5557): Yes
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes
No By
No L By
No L By
No L By
No L By
Copies Distribu/:
City Attorney
Parks & Rec.
Finance V
MIS
Code Compliance Dev. Services
Police Public Services Water
EDA
Others:
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,)
')Yl '?:/ l'~
Ready to File: ~ Date: ' ILl L<---
Revised 01/12/01