EQUESTRIAN PATROL - EQUINE USER AGREEMENT (4)CITY OF CLEARWATER
EQUESTRIAN PATROL
EQUINE USER AGREEMENT
This is an Equine User Agreement between 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, 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 $25,000.00.
• Truck Maintenance - Approximately $1,010.00 yearly (washing, vacuuming, oil
changes, regular maintenance, tires, etc.).
• Horse Trailer - Approximate cost $12,000.00.
• Trailer Maintenance - Approximately $350.00 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, Owners' yearly costs to maintain two horses is as follows:
• Vaccinations annually - ($100.00 per horse X 2 times per horse X 2 horses) $400.00.
• Ferrier annually - (About 9 times a year at $35.00 a visit per horse) $630.00.
• Feed, hay, supplements annually - $4,512.00.
• Grooming supplies, fly spray, hoof meds annually - $720.00.
• De -worming annually - $80.00; 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.
Public Relations/Outreach - The officers on horses are literally chased down by
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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 promises contained herein and other
good and valuable consideration, the Parties agree that the above terms, recitals, and
representations are true and accurate and are incorporated herein by reference, and the
Parties further agree as follows:
1. This User Agreement will be for three (3) years, beginning on April 1, 2024, and
ending on March 31, 2027.
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.
4. The City does hereby assume all risks and hazards incidental to use and
participation in activities related to this User Agreement. The City agrees to repair or
replace any damage to any real or personal property of the Owner caused by the
actions or omissions of the City, its officers, officials, and employees. The City agrees
to repair or replace any damage caused by the two horses while the horses are
engaged in law-enforcement related activities under the direction of CPD. Nothing
contained in the foregoing shall be construed to be a waiver of any immunity or
limitation of liability the Parties may be entitled to under the doctrine of sovereign
immunity or Section 768.28, Florida Statutes.
5. 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
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($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 medical costs, as well as veterinary costs
incurred as a result of the Owners' personal use shall be the responsibility of the
Owners.
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. The City 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. The City is not liable for any damages
sustained to the trailer or associated equipment, including vehicle, unless the
damage is caused by the City. The City is not liable for damages or bodily injury as
a result of the transportation of the horses to and from approved law enforcement
related activities, unless caused by the City.
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. For purposes of Workers Compensation and General Liability Insurance,
the Owners must be volunteers approved by the City of Clearwater.
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 $300.00 per month to Nancy Miller in addition to mileage reimbursement as
stated in Section 6.
10. The undersigned owners have read the operational procedures of the CPD
Equestrian Patrol and agree to comply with those outlined procedures. The Owners
agree to provide documentation that the horses have been properly trained, upon
request by the City.
11. Any party may terminate this User Agreement with or without cause upon 15 days
written notice to the other party.
12. This is the entire Agreement between the Parties regarding the use of the horses
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and the responsibilities of the Parties. The Parties have read this document,
understand their duties and responsibilities according to this Agreement, and agree
to the terms as evidenced by the signatures below.
Signature Page: Equestrian User Agreement 2024-2027:
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Nancy Millet'( O$ner
CITY OF CLEARWATER, FLORIDA
Jenny -r wrier
City Manager
Approved as to form:
..�e,�iSSa12 Q
Lead Assistant City Attorney
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Deborah Storey, Owner
Attest:
Rosemarie Call
City Clerk