HomeMy WebLinkAbout20-Police Department
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,~ITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Wayne Harp,
Assistant Chief of Police
OR;'C/,~JAL
Subject: Resolution of the Mayor and Common Council
of the City of San Bernardino authorizing the execution
of a Horse Lease Agreement between the mounted police
officers in the newly formed mounted enforcement detail
on the San Bernardino Police Department and the City
of San Bernardino,
Dept: Police
Date: September 18th, 2000
Council Meeting Date:
October 16th, 2000
Synopsis of Previous Council Action
None.
Recommended Motion:
Adopt Resolution.
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Chief of Police
Wayne H
Contact person: Sergeant Dale Blackwell
Phone: 384-5605
Supporting data attached: Staff Report, Resolution, Agreements
Ward:
All
FUNDING REQUIREMENTS:
Amount:
No cost to the general fund.
$10,268.58 in equipment costs paid
for with funding from the FY98/99
Local Law Enforcement Block
Grant
Source:
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Council Notes:
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Agenda Item No.~O
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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
execution of a Horse Lease Agreement between the mounted police officers in the newly formed
mounted enforcement detail on the San Bernardino Police Department and the City of San
Bernardino.
BACKGROUND
The San Bernardino Police Department is establishing a Mounted Enforcement Detail wherein a
selected group of police officers will conduct patrol and enforcement functions on horseback.
There are currently four officers involved in this program with limited growth anticipated in the
future. In addition to regular enforcement duties that an officer in a car, on bicycle or on foot
would provide, the mounted officers will be especially effective in crowd control situations, high
profile police presence at special functions, positive public relations at parades and similar
events, search and rescue operations (as in the terrain found in the north end of the City) and
focused, high visibility patrol such as is beneficial at the shopping areas during the holidays.
There are no "up front" costs borne by the City of San Bernardino by entering into this contract.
The involved officers are providing their own horses and have gone through extensive training
with their horses to participate. The fact that an officer has to provide his or her own horse to be
involved is part of the reason this is considered a "volunteer" program. There is no expectation
of fmancial compensation for routine care of the animal such as stabling, food, horseshoeing,
routine veterinary care, vaccinations, worming or exercising.
When deployed, the officer is considered "on-duty". The industry standard throughout the state
provides for a horse-use contract wherein the City of San Bernardino leases the horse from the
office for $1.00 annually for the time the animal is in the service of the City of San Bernardino.
This contract also includes a liability provision stating that in the event that the horse is injured
while "on-duty" the City's limit of liability for veterinary care is $2,500.00. Additionally, if the
horse is killed, must be put down or is permanently rendered unusable as a result of injuries that
occurred while the horse was "on-duty" the City of San Bernardino will be liable for the market
value of the horse not to exceed $5,000.00. If the latter scenario involves veterinary care the City
of San Bernardino's liability for the combined total of the veterinary care and fair market value
of the horse shall not exceed $5,000.00, to be paid for from the Liability Fund.
FINANCIAL IMPACT
As discussed above, four officers are leasing the use of their horses to the Police Department for
a nominal cost of $1 annually. The officers will be fmancially responsible for the routine care
and maintenance of the horses. The Police Department has purchased with grant funding patrol
saddles, related tack and uniforms totaling approximately $10,268.58. Maintenance of these
items will be paid for with grant funding and the items will remain City property. Only in the
event of "on-duty" injury or death to the horse would the City of San Bernardino be liable for
veterinary care and! or replacement cost for the horse within the limits discussed above (to be
paid for from the Liability Fund).
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RECOMMENDATION
Adopt Resolution.
Attachments: Resolution, Proposed Contract
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1
RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A HORSE LEASE
3 AGREEMENT BElWEEN THE MOUNTED POLICE OFFICERS IN THE NEWLY
FORMED MOUNTED ENFORCEMENT DETAIL ON THE SAN BERNARDINO POLICE
4 DEPARTMENT AND THE CITY OF SAN BERNARDINO.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
8 directed to execute, on behalf of said City, a lease agreement between the Mounted Police Officers
9 of the San Bernardino Police Department, for lease of their personal horses, and the City of San
10 Bernardino, a copy of which is attached hereto as Exhibit" A. "
11 III
12 III
13 III
14 III
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16 III
17 III
18 III
19 III
20 III
21 III
22 III
23 III
24 III
25 III
26 III
27 III
28 III
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I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF A HORSE LEASE
2 AGREEMENT BElWEEN THE MOUNTED POLICE OFFICERS IN THE NEWLY
FORMED MOUNTED ENFORCEMENT DETAIL ON THE SAN BERNARDINO POLICE
3 DEPARTMENT AND THE CITY OF SAN BERNARDINO.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a
meeting thereof,
6 held on the day of
7 COUNCIL MEMBERS: AYES
8 ESTRADA
9 LIEN
10 MCGINNIS
11 SCHNETZ
12 SUAREZ
13 ANDERSON
14 MCCAMMACK
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16
17
18
, 2000, by the following vote, to wit:
NAYS
ABSTAIN ABSENT
CITY CLERK
19
20
21
22
The foregoing Resolution is hereby approved this
day of
,2000.
JUDITH VALLES, Mayor
City of San Bernardino
Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
25
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27
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SAN BERNARDINO POLICE DEPARTMENT
MOUNTED ENFORCEMENT DETAIL
HORSE LEASE AGREEMENT
1.
PARTIES: The parties of this agreement are the City of San Bernardino,
hereinafter referred to as "lessee" and the undersigned Officer or Reserve
Officer, hereinafter referred to as "lessor."
2.
PURPOSE: The purpose of the Lease Agreement is to provide for the
terms and conditions for the use of lessor's horse as needed by the
lessee, in the course of the lessee's law enforcement function while such
horse is under the management and control of the lessor during the
performance of the lessors' duties as an Officer or Reserve Officer
working the Mounted Enforcement Detail.
3.
PAYMENT: The lessor will be a Member of the Mounted Enforcement
Detail and th~ lessee will pay the lessor one dollar ($1.00) per year while
the horse is being used for law enforcement duties.
4.
DURATION: The duration of this lease will be for two (2) years from the
date hereinafter indicated, provided however, it may be unilaterally
terminated by either party upon seven (7) days notice to the other party
with or without cause.
5.
TERMS AND CONDITIONS: Except as otherwise provided in this
agreement or by law, the lessee shall be under no obligation to
compensate the lessor in any way for expenses or damages. Death or
substantial injury to the horse caused from activity within the course and
scope of the law enforcement duties will be compensated by the lessee
according to the schedule set forth below. The lessee will not compensate
lessor for death or injury to the horse caused solely by lessor's
negligence. The lessor will only be compensated by lessee when the
death or injury is caused from activity within the course and scope of
departmental law enforcement duties.
A. This Lease Agreement is only valid while the lessor is utilizing the
horse which is named and described in Item 7 of this Agreement.
Prior to the Lease Agreement being signed the horse and Officer or
Reserve Officer will be tested by the Mounted Enforcement Detail
for suitability to function within the scope of the Unit's law
enforcement duties.
B. For the purpose of the Agreement, disabled means death or
incapacitating injury which renders the horse unfit for field service.
C.
In the event that within a sixty (60) day period, the lessor is unable
to put the disabled horse back into service and has not readied
Exhibit "AIf
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Mounted Enforcement Detail
Horse Lease Agreement
Page 2 of 3
another horse for service under this Agreement, the provisions of
the Agreement will terminate provided that all other provisions are
otherwise complied with.
6.
LIABILITY AND INDEMNITY: Lessee agrees that during any time the
lessor's horse is actually providing services for the lessee that the lessee
shall be liable for the following:
A. Any injuries or damages to third parties caused by lessee's use of the
horse.
B. Any veterinary charges for treatment of the horse due to injuries
incurred by services to lessee up to a maximum of $2,500.00.
C. In the event of death of the horse incurred by service to lessee, the
lessee shall pay up to the fair market value of the horse.
D. In the event the horse suffers a permanent injury by service to lessee,
the lessee shall pay for the diminution in value of the horse.
E. The lessee's total liability under sub-sections 6(b), 6(c) & 6(d) shall not
exceed $5,000.00.
7.
SUBJECT MATTER: Lessor's horse subject to this agreement is
described as follows:
NAME
SEX
BREED
COLOR & MARKINGS
CONDITION
NAME OF VETERINARIAN
SIZE
AGE
FAIR MARKET VALUE
VETERINARIAN'S ADDRESS
VETERINARIAN'S PHONE NUMBER
DATE OF LAST VETERINARY EXAMINATION
8. The lessor shall be responsible for the following:
A. Lessor shall transport the horse to the locations where the horse will
be used with the cost of transport being born by the lessor.
B. If the lessee requests the lessor to obtain any specific training for
either the lessor or the horse, the lessee shall be liable for the expense
of such training.
Exhibit "An
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Mounted Enforcement Detail
Horse Lease Agreement
Page 3 of 3
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C. Lessor shall provide a home and all necessary care and comfort for the
horse including, without limitation, veterinary treatment, vaccinations,
feed, horseshoes, inoculations and routine worming.
9.
AGREEMENT: The foregoing eight provisions comprise the entire
agreement between the parties as to the expense, reimbursement, injury,
or death of the horse. All other expense occasioned by ownership, use or
care of the horse shall be borne by lessor.
The signature of the parties below designate acceptance of the terms of this
agreement and shall be binding upon the parties upon the effective date of the
contract.
DATE
LESSEE
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DATE
MAYOR OF CITY OF SAN BERNARDINO
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Exhibit "A"
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CITY OF SAN BERNARDINO
Interoffice Memorandum ,- :' f I V F rl '"
CITY CLERK'S OFFICE _v'
Records and Information Management (RIM) Progr;UIl
'01 H:tJ 22
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DATE:
October 20, 2000
TO:
Connie Ramirez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2000-311
At the Mayor and Common Council meeting of October 16, 2000, the City of San Bernardino
adopted Resolution 2000-311 - Resolution authorizing the execution of a Horse Lease
Agreement between the mounted police officers in the newly formed mounted enforcement detail
on the San Bernardino Police Department and the City of San Bernardino,
Enclosed are two (2) original agreements. Please obtain signatures where indicated on the
agreements and return the fully executed agreements to the City Clerk's Office as soon as
possible, to my attention.
Please retain a copy of the agreements for your files.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Rachel Clark
City Clerk
By: Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed:
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Please sign and return.
11-7-rrl
Date:
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 10 -i b'-oO
Vote: Ayes ! -5 I () Nays
Change to motion to amend original documents:
Item # 2.0
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Abstain
Resolution # Zo:::o - <!? \ I
A-- Absent ~
Reso. # On Attachments: /
Contract term:
-
NullNoid After:
Date Sent to Mayor: /0, \'l r 0(, Date Returned from Mayor:
Date of Clerk's Signature: IO-LD-c:() Reso. Log Updated:
iO'-ZO-D:)
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Date of Mayor's Signature: Ie:' l q-ill
Seal Impressed: ../
Date Memo Sent to Department for Signature:
See Attached: ~ Date Returned:
-
Date Letter Sent to Outside Party for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached:
See Attached:
SoeAttached:
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Date Returned: :;J. - ). 3' 0 I
Note on Resolution of Attachment stored separately: _
Direct City Clerk (circle I): PUBLISH, POST, RECORD W/COUNTY Date:
- See Attached: .:::::
YesL No By
Yes No ./ By
Yes N07 By
Yes NoV By
Yes No IT By
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney v"
Parks & Rec.
Code Compliance Dev. Services
Police ,/" Public Services Water
EDA
Finance
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MIS
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.l
Ready to File: ~
Date: J<Jl-()1