EQUESTRIAN PATROL - EQUINE USER AGREEMENT (3)CITY OF CLEARWATER
EQUESTRIAN PATROL
EQUINE USER AGREEMENT
This is a User Agreement among the City of Clearwater (hereinafter "City"), Nancy Miller
and Deborah Storey (hereinafter "owners") for the use of two horses for a period of
three (3) years.
WHEREAS, the City and owners previously entered into Agreements for the use of
horses owned by Nancy Miller and Deborah Storey for the purpose of forming a
Clearwater Police Department (CPD) Equestrian Patrol; and
WHEREAS, clarification is necessary regarding the reimbursement of a portion of the
costs in providing two horses for the CPD Equestrian Patrol and the method by which
reimbursement will be made; and
WHEREAS, an example of the Nancy Miller's costs in providing transportation of both
horses to law-enforcement related activities connected with the CPD Equestrian Patrol
is as follows:
• Heavy Duty Truck for towing a horse trailer — Approximate cost $25,000.
• Truck Maintenance — Approximately $1010 yearly (washing, vacuuming, oil
changes, regular maintenance, tires, etc.).
• Horse Trailer — Approximate cost $12,000.
• Trailer Maintenance — Approximately $350 yearly (Replace mats, jack, wiring &
light replacements, cleaning, shavings, etc.).
• Storage — Location where it will be accessible, safe and not in the way; and
WHEREAS, both horses will be boarded on real property owned by Nancy Miller; and
WHEREAS, an example of the owners' yearly costs to maintain two horses is as
follows:
• Vaccinations annually — ($100 per horse X 2 times per horse X 2 horses) $400.
• Ferrier annually — (About 9 times a year at $35 a visit per horse) $630.
• Feed, hay, supplements annually - $4512.
• Grooming supplies, fly spray, hoof meds annually - $720.
• De -worming annually - $80; and
WHEREAS, during the period that the CPD Equestrian Patrol has been in operation, the
City has derived the following benefits from the below listed deployments:
• Uniformed patrol of areas that are not accessible by traditional methods due to
inaccessibility to cruisers or officers on foot - narrow bridges, tall weeds, insects,
snakes, etc.
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• Public Relations/Outreach — The officers on horses are literally chased down by
people to see the horses and touch them, take photos of/with them, etc. Many
people that would not otherwise talk to a uniformed officer will approach the
mounted riders to talk to them. This aids in public relations and to open
communication with the residents in patrolled neighborhoods.
• Special Events — National Night Out, Christmas time patrols of mall, children's
events, etc.
• Field Search Capabilities — Missing Person/Child in wooded settings.
• Mutual Aid - Other agencies needing mounted units.
NOW THEREFORE, in consideration of the mutual obligations contained herein, the
parties agree as follows:
1. This User Agreement will be for three (3) years, beginning on August 18, 2020, and
ending on August 18, 2023.
2. During the term of this User Agreement, the owners will each provide one horse for
use by CPD in law-enforcement related activities and purposes under the direction of
CPD and under terms and circumstances contained in the operational procedures of the
CPD Equestrian Patrol; however, the owners shall have full rights to utilize the horses
for personal use during the term of this User Agreement. Further, the owners agree to
maintain the horses in a healthy condition at the owners' expense during the term of this
User Agreement.
3. During the term of this User Agreement, the owners will conduct at least twelve
deployments each year. For the purpose of this agreement, a training event is
considered a deployment.
3. The City will assume responsibility under the terms of Florida Statute 768.28 for
injuries to others or damage to property of others arising from the use of the two horses,
while the horses are engaged in law-enforcement related activities under the direction of
CPD. Nothing herein, however, shall be construed to waive or modify the provisions of
Section 768.28, Florida Statutes or the doctrine of sovereign immunity.
4. The City assumes limited responsibility for the reasonable cost of veterinary care for
the horses only for injuries sustained or incurred by the horses during the course of law-
enforcement related activities. During the term of this User Agreement, the maximum
amount that the City will pay for veterinary care during the entire term of the Agreement
is three thousand five hundred dollars ($3,500.00) for each horse injured during the
course of law-enforcement related activities. If the anticipated cost of veterinary care is
expected to exceed three thousand five hundred dollars ($3,500.00) for any single
horse, the owner may choose to have the horse humanely destroyed and receive
compensation of three thousand five hundred dollars ($3,500.00) for the death of the
horse, or pay the excess veterinary expenditures himself/herself. Regardless, the
maximum amount of the City's payment pursuant to this paragraph during the entire
term of the Agreement is three thousand five hundred dollars ($3,500.00). Routine
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medical costs, as well as veterinary costs incurred as a result of the owners' personal
use, shall be the responsibility of the owners.
5. CPD shall not be responsible for damage to, of loss of, personal property of the
owners, or personal property of another used by the owners, while the owners and
horses are engaged in approved law-enforcement related activities associated with the
CPD Equestrian Patrol.
6. Nancy Miller is responsible for providing and maintaining in workable order, or
ensuring access to, an adequate trailer and associated equipment, including vehicle, for
the transportation of the horses to and from approved law-enforcement related
activities. CPD will provide mileage reimbursement at the City's prevailing rate to
Nancy Miller when the trailer is utilized to transport the horses to and from approved
law-enforcement related activities. CPD is not liable for any damages sustained to the
trailer or associated equipment, including vehicle.
7. CPD will supply reasonable uniforms, equipment, training, and supplies to the owners
in support of approved law-enforcement related activities of the CPD Equestrian Patrol.
8. Payment for medical costs relating to injuries sustained by the owners or other riders
designated by CPD during the course of approved law-enforcement related activities will
be covered in accordance with the City's Workers Compensation insurance.
9. Because the general costs of purchasing and maintaining a transporting vehicle and
trailer are the responsibility of Nancy Miller, and because of the numerous other
miscellaneous costs incurred by the owners to maintain two horses, the owners agree
to a more simplified and clearer method of offsetting costs by having the City pay $300
per month to Nancy Miller in addition to mileage reimbursement as stated in Paragraph
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10. The undersigned owners have read the operational procedures of the CPD
Equestrian Patrol and agree to comply with those outlined procedures.
11. Any party may terminate this User Agreement with or without cause upon 15 days
written notice to the other parties.
12. This is the entire Agreement between the parties regarding the use of the horses
and the responsibilities of the parties. The parties have read this document, understand
their duties and responsibilities according to this Agreement, and agree to the terms as
evidenced by the signatures below.
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Signature Page: Equestrian User Agreement 2020-2023:
M. t Smith
Assistant City ttorney
CITY OF�1 CLEARWATER,.QFLORIDA
By: X11 •�� i-�
Attest:
r Ros�ma e Call '
� : v
City Clerk
William B. Horne II
City Manager
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OWNERS
By: `(
Nancy
By:
Deborah Storey