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HomeMy WebLinkAbout09 OWNERSHIP TRANSFER OF POLICE SERVICE CANINEAGENDA REPORT Agenda Item Reviewed: 9 City Manager Finance Director °N /A MEETING DATE. MARCH 5 2013 TO JEFFREY C PARKER, CITY MANAGER FROM: SCOTT M. JORDAN CHIEF OF POLICE SUBJECT AGREEMENT FOR TRANSFER OF OWNERSHIP OF A POLICE SERVICE CANINE SUMMARY Effective March 22, 2013 Police Service Canine Ari will be medically retired from active service Ari is eight years old and has served as a Tustin Police Canine for more than six years. Due to his age and health, the veterinarian has recommended that Ari be retired from active duty His current canine handler Officer Eric Kent, has agreed to accept ownership of Ari. The Agreement for Transfer of Ownership of a Police Service Canine has been reviewed and approved as to form by the City Attorney RECOMMENDATION Approve the Agreement for Transfer of Ownership for a Police Services Canine between the City of Tustin and Officer Eric Kent. FISCAL IMPACT Officer Kent will pay the City the sum of $1 00 for the transfer of ownership and he will assume all future liability maintenance and care. SCOTT M. JO F AN Chief of Police(/ Attachment: Agreement for Transfer of Ownership of a Police Service Canine ATTACHMENT NO 1 AGREEMENT FOR TRANSFER OF OWNERSHIP OF A POLICE SERVICE CANINE This Agreement is made and entered into, to be effective this 5th day of March, 2013, by and between the CITY OF TUSTIN, a California municipal corporation, (hereinafter referred to as the "City ") and OFFICER ERIC KENT (hereinafter referred to as "Officer Kent "). WITNESSETH WHEREAS, The City has determined that the City's Police Service Canine, "Ari" is 8 years old, and after 6 years and 7 months of service with the City's Police Department should be retired on March 22, 2013; and WHEREAS, Officer Kent has been Ari's handler for the last two years of service with the City's Police Department; and WHEREAS, The City's Police Department has determined that given Ari's age and condition, his value as a police service canine has completely depreciated and that the ownership of Ari should be transferred to Officer Kent, who has expressed a desire to acquire ownership of Ari; and WHEREAS, in the absence of such transfer, the City would be responsible for the continued care and maintenance of Ari; NOW, THEREFORE, it is agreed by and between the parties hereto as follows: Section 1. The City, as owner of Ari, hereby determines to sell police service canine Ari to Officer Kent, 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 Ari to Officer Kent in return for the commitment of Officer Kent to assume all responsibility for the future care and maintenance of Ari. Section 3. Officer Kent 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 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 Ari on or after the date of this Agreement. 1 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 Ari and that Officer Kent shall be fully and solely responsible therefore. THIS AGREEMENT is entered into the date hereinabove written. ATTEST By JEFFREY C. PARKER, CITY CLERK APPROVED AS TO FORM: BQ DAVID A. KEN 'IG CITY ATTORNEY 2 CITY OF TUSTIN By. ELWYN A. MURRAY By OFFICER ERIC KENT