HomeMy WebLinkAbout15 CANINE SALES AGREEMENT 04-15-08AGENDA REPORT
MEETING DATE: APRIL 15, 2008
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: SCOTT M. JORDAN, CHIEF OF POLICE
SUBJECT: CANINE SALES AGREEMENT
SUMMARY
One of the Police canines (Nino) has been medically retired, due to internal medical and
foot issues. In order to allow Nino an opportunity to remain in some type of police
service, and he is still able to perform as a drug canine, we are selling him to the Village
of Hume, Illinois.
RECOMMENDATION
Approve the Sales Agreement between the City of Tustin and the Village of Hume, II.,
releasing the City of responsibility and/or liability concerning Police canine, Nino.
FISCAL IMPACT
The Village of Hume, II., will pay the sum of $1.00 to purchase Nino.
BACKGROUND
Effective August 2007, canine Nino was diagnosed with a twisted spleen which required
immediate life-saving surgery. While Nino was recovering from the spleen removal,
Officer Schaller noticed swelling to one of Nino's paws. Nino was discovered to have a
tumor in his paw which required the amputation of one of his toes. After recovering
from those medical procedures, Nino was unable to return to a functional level needed
of a patrol canine. Nino is four years old and has been with the City of Tustin since
August 2005.
The Sales Agreement has been reviewed and approved as to form by the City Attorney.
SCOTT M. JORDAN, Chief of Police
SALES AGREEMENT
FOR
RETIRED POLICE CANINE
This Agreement is made and entered into, to be effective this 15th day of
April, 2008, by and between the CITY OF TUSTIN, a California municipal
corporation, (hereinafter referred to as the "City) and the Village of Hume, Illinois,
(hereinafter referred to as the "Village of Hume").
WITNESSETH
WHEREAS, The City has determined that the City's Police Department dog,
"Nino" is four years old, and after two years and five months of service with the
City's Police Department has been determined to be medically unable to perform
the police duties upon which he was purchased, should be medically retired on April
15, 2008; and
WHEREAS, Canine Nino has been deemed able to maintain his ability to
work as a drug sniffing dog; and
WHEREAS, The City's Police Department has determined that given Nino's
age and condition, his value as a police dog has completely depreciated and that
the ownership of Nino should be transferred to Village of Hume, who has expressed
a desire to acquire ownership of Nino for use as a drug dog; and
WHEREAS, in the absence of such transfer, the City. would be responsible
for the continued care and maintenance of Nino;
NOW, THEREFORE, it is agreed by and between the parties hereto as
follows:
Section 1: The City, as owner of Nino, hereby determines to sell police
canine Nino to the Village of Hume, the purchaser, for the sum of one dollar ($1.00),
having determined that the canine is no longer of any value to the City's Police
Department.
Section 2: The City hereby transfers absolute legal ownership and
possession of Nino to the Village of Hume in return for the commitment of the
Village of Hume, to assume all responsibility for the future care and maintenance of
Nino.
Section 3: The Village of Hume further agrees to and shall fully indemnify,
defend and keep and hold, the City, including the City's Police Department, and the
City's officers, agents, officials and employees, harmless from any and all costs,
liability, damage, or expense (including cost of suits and fees and reasonable
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expenses of legal services) claimed by anyone by reason of injury to or death of
person or persons, or damage to or destruction of property caused or alleged to
have been caused by Nino on or after the date of this Agreement. It is the intent of
this Agreement that the City, the City's Police Department, its officers, officials,
employees, and agents shall have no responsibility or financial liability resulting
from any future action of Nino and that the Village of Hume shall be fully and solely
responsible therefore.
THIS AGREEMENT is entered into the date hereinabove written.
CITY OF TUSTIN
By:
JERRY AMANTE, MAYOR
ATTEST:
By:
PAMELA STOKER, CITY CLERK
APPROVED AS TO FORM:
By:
DOUGLAS C. HOLLAND
CITY ATTORNEY
By:
TROY F. EADS, CHIEF OF POLICE
VILLAGE OF HUME, ILLINOIS
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