HomeMy WebLinkAbout18-Police Department
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael A. Billdt, Chief of Police
Subject: Resolution of the City of San
Bernardino authorizing the Mayor or his
designee to execute an agreement
. between the Guide Dogs of the Desert
International and the San Bernardino
Police Department for the donation of a
canine to be used as. a Narcotics
canine.
Dept: Police Department
Date: April 5, 2007
MICC Meeting Date: 4.16-2007
Synopsis of Previous Council Action:
None.
Recommended Motion:
Adopt Resolution.
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MICHAEL A. BILLDT, CHIEF OF POLICE
Contact person: I t Rr;::ln Rnnm
Phone: ~M_'iR?R
Supporting data attached: Yes
Ward: All
FUNDING REQUIREMENTS: Amount: NIA
Source: (Acct. No.)
(A,..,..t n,::u::rl"irtinn)
Finance:
Council Notes:
Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
Mayor or his designee to execute an agreement between the Guide Dogs of the Desert
International and the San Bernardino Police Department for the donation of a canine to be used
as a Narcotics canine.
BACKGROUND
The San Bernardino Police Department Narcotics Unit has a narcotic trained canine assigned to
it. That canine, "Ike", has had issues with his ability to work in the prescribed manner that is
necessary to be a Narcotic canine. The current dog handler and "Ike" are experiencing
frustrations together, affecting the performance of the canine. Due to personal reasons, the
current canine handler can no longer be "Ike' s" handler.
Narcotics Officer Scott Roebuck has volunteered to be a Narcotic canine handler and will be
attending the "Master's K9 Training" class in the upcoming month.
The San Bernardino Police Department was contacted by Guide Dogs of the Desert International
with the proposal to donate a canine, free of charge, to the Police Department. The canine,
"Pablo," has been trained to be a guide dog. Unfortunately, he has unpredictable behavior that
precludes him from being used by a blind person as a guide dog. However, the dog would make
an excellent canine for a Narcotics Unit.
Guide Dogs of the Desert International representatives brought "Pablo" to "Master's" training
facility. "Master's" training facility is used by multiple police agencies, to include our own, for
training canines. "Pablo" was tested by Dan Lemaster and was given very high marks for his
suitabHity to be a Narcotics canine.
Dan Lemaster suggested that "Ike" be returned to him with a possible financial credit in the
future if that canine can be re-sold to a different agency. It was suggested by Dan Lemaster that
Officer Roebuck start with a new canine, in this case, "Pablo," that way both handler and canine
would be starting fresh, thus increasing the likelihood of successful training.
"Pablo" has all of his current shots and is in good physical health. He is two and a half years old,
so he has several productive years left as a Narcotics canine.
Guide Dogs of the Desert International supplied the San Bernardino Police Department with a
three page "Disqualified dog waiver and release." (See Exhibit A). Assistant City Attorney Bob
Simmons reviewed the document and spoke with City Attorney James Penman. The document
is legally acceptable.
FINANCIAL IMPACT
e There is no financial impact to obtain the canine since it is being donated. A Narcotics canine
normally sells for $4000.
RECOMMENDATION
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A~
AGREEMENT BETWEEN THE GUIDE DOGS OF THE DESERT INTERNATIONAL
AND THE SAN BERNARDINO POLiCE DEPARTMENT FOR THE DONATION OF A
CANINE TO BE USED AS A NARCOTICS CANINE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council of the City of San Bernardino do
hereby authorize the City Manager to execute an agreement between the Guide dogs of the
Desert International and the San Bernardino Police Department for the donation of a canine to
be used as a narcotics canine. The canine will be donated free of charge to the San Bernardino
Police Department.
SECTION 2. The authorization to execute the above referenced agreement IS
rescinded ifit is not executed within sixty (60) days of the passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE GUIDE DOGS OF THE DESERT INTERNATIONAL
AND THE SAN BERNARDINO POLICE DEPARTMENT FOR THE DONATION OF A
CANINE TO BE USED AS A NARCOTICS CANINE.
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, held
on the
day of
,2007, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN ABSENT
AYES
ESTRADA
BAXTER
BRlNKER
DERRY
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this day of ,2007.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
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Guide Dogs of the Desert International
PO Box 1692 Palm Springs, CA 9220, Phone 760-329-6257 Fax 760-329-2127
www.guidedogsofthedesert.org
DISQF4LlFIED DOG WAIVER AND RELEASE
Guide Dogs of the Desert International ("Guide Dogs of the Desert") hereby releases the following dog
(the "Dog") from training:
Name: Pablo 10# 1775 Breed: Labrador Retriever Color: Black Sex: Male DOB: 6-21-2004
Altered: 6-15-2005 Rabies given: 10-19-2004 DA2PP.C given: 1-7-07 Bordatella given: 1-7-06
Reason for disqualification: Unpredictable dog aggression for Guide Dog use.
As of the Transfer Date below, ownership of, and all rights to and responsibility for, the Dog are
hereby transferred to:
Organization:
San Bernardino Police Department
("New Owner")
Address: 710 N. 0 51. San Bernardino. CA 92410
Phone: (909) 384.5600
Transfer Date: April . 2007
In consideration for Guide Dogs of the Desert releasing the Dog to the New Owner, the New Owner
hereby certifies and agrees as follows:
i It shall adopt the Dog and become solely responsible for the Dog's care and well-being, without
assistance of any kind from Guide Dogs of the Desert.
b It represents that:
a. It is able, and it agrees. to spend the time and money necessary to provide food. shelter,
veterinary medical treatment and hospital care, training, and other proper care for the
Dog.
b. It agrees to provide a humane and kind environment for the Dog.
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3. It agrees that, in the event the Dog becomes a participant in any police service program, the New
Owner shall notify Guide Dogs of the Dese'1 of the Dog's participation and prov:de to Guide Dogs
of the Desert brief narrative updates and photographs of the Dog participating in the program
from time to time. The New Owner acknowledges that Guide Dogs of the Desert shall own those
narratives and photographs. The New Owner consents to the use of the narratives and the
photographs (as well as the image or likeness) of its facilities, officers, directors, employees,
agents, and volunteers by Guide Dogs of the Desert for the purposes of publication or any other
lawful use in conjunction with Guide Dogs of the Desert's activities in any manner and mediurr
including, without limitation, in print or on the Internet. The New Owner further understands and
agrees that it shall receive no payment or royalty as a result of the use or publication by Guide
Dogs of the Desert (or its designee) of any narratives, photographs or images, nor shall it be
entitled to receive notices of such use or publication.
4. It agrees that, in the event the Dog is not selected to be a participant in a police service program,
it shall notify Guide Dogs of the Desert and, upon request, shall release the Dog to Guide Dogs
of the Desert.
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5. It understands that Guide Dogs of the Desert reserves the right to deny adoption for any reason,
and to reclaim the Dog if the New Owner does not comply fully with the terms of this agreement.
6. It understands that the Dog has characteristics that would make him/her undesirable as a safe
and effective guide dog. It agrees not to sell, loan, or give the Dog to anyone to be used as a
guide dog.
7. It understands and acknowledges that owning a dog may be dangerous, and exposes the New
Owner to a variety of risks, including liability for the behaviors of and injuries that may be caused
by the Dog, and other risks similar to or different from those listed. It hereby assumes these
risks.
8. It hereby releases Guide Dogs of the Desert and its officers, directors, employees, agents, and
volunteers from any liability for any injury to its property or to any persons as a result of or
following the New Owner's adoption of the Dog. It hereby waives any and all claims and causes
of action it would otherwise have for damages or injury to its property or person against Guide
Dogs of the Desert and its officers, directors, employees, agents, and volunteers, whether acting
officially or otherwise.
9. It has carefully read this Waiver and Release and has been given the opportunity to ask
representatives of Guide Dogs of the Desert questions about what it means. By signing below,
the New Owner is giving up rights it might otherwise have to pursue claims against Guide Dogs
of the Desert, and the other persons listed above, for compensation or other relief. It is signing
this waiver and release voluntarily.
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10. This agreement shall become binding after each party has executed it by signing below.
Agreed By:
[New Owner Organization]
By:
City Manager
Please Print Name
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Please Print Title
Dated
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Jr;! 5 F. Penman. City Attorney
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Dated I
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Guide Dogs of the Desert International
By:
Please Print Name
Please Print Title
Dated