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HomeMy WebLinkAbout03 CANINE SALES AG 02-22-00AGENDA DATE: FEBRUARY 22, 2000 NO. 3 02-22-00 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER POLICE DEPARTMENT CANINE SALES AGREEMENT RECOMMENDATION Approve the Sales Agreement between the City of Tustin and Officer Paul Carvo releasing the City of responsibility and/or liability concerning Police canine, Ajax. FISCAL IMPACT None BACKGROUND Effective February 14, 1999, canine Ajax was retired from active Police service. Ajax'is 8 years old and has been with the City 5 % years. In honor of service to the City, proclamations will be presented to Ajax and his handler, Officer Paul Carvo, at this evening's Council meeting. The Sales agreement has been reviewed and approved as to form by the City Attorney. STEVE FOSTER Chief of Police SF: et Attachment SALES AGREEMENT THIS SALES AGREEMENT is made and entered into, to be effective this 14th day of February, 1999, by and between THE CITY OF TUSTIN (hereinafter referred to as "The City") and OFFICER PAUL CARVO (hereinafter referred to as "Officer Carvo"). WITNESSETH WHEREAS, The City has determined that the City's Police Department dog, Ajax, is 8 years old, and after 5~ years of service with the City's Police Department should be retired on February 14, 1999; and WHEREAS, during Ajax' service with the City's Police Department, Officer Carvo acted at all times as Ajax' handler; and WHEREAS, The City's Police Department has determined that given Ajax' age and condition, his value has completely depreciated and that the ownership of Ajax should be transferred to Officer Carvo, who has indicated his willingness' to accept Ajax; NOW, THEREFORE, it is agreed by and between the parties hereto; Section 1: The City, owner of Ajax, hereby determines to sell said canine Ajax to Officer Carvo the undersigned purchaser, for the sum of One Dollar ($1.00), having determined that said canine is of no value to the City's Police Department, or the City, pursuant to Tustin City Code Section 1626 and that the aforementioned open market transaction, not subject to bidding requirements, as per Tustin City Code Section 1625(d)(1 ). Section 2: To carry out this purpose, The City hereby transfers absolute legal ownership and possession of the canine, Ajax, to Officer Carvo in return for the consideration of One Dollar ($1.00). Section 3: Officer Carvo in return 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, servants and employees, harmless from any and all costs, liability, damage, or expense (including cost of suits and fees and reasonable 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 and after the date of this Sales Agreement. It is the intent of this Sales Agreement that The City, The City's Police Department, its officers, employees, and agents shall have no responsibility or financial Sales Agreement February 14, 1999 Page 2 liability resulting from the future action of the above named canine and that Officer Carvo shall be fully and Solely responsible therefore. THIS SALES AGREEMENT is entered into the date first herein above written. "THE CITY"' CITY OF TUSTIN ATTEST: By Tracy Wills Worley, Mayor Pamela Stoker, City Clerk APPROVED AS TO FORM LOIS JEFFREY CITY ATTORNEY By PAUL CARVO By. Paul Carvo