HomeMy WebLinkAbout08 CANINE SALES AGMNT 11-04-02AGENDA REPORT
NO. 8
11-04-02
400-10 ~
MEETING DATE: NOVEMBER 4, 2002 R - 5 ~
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM:
POLICE DEPARTMENT
SUBJECT:
CANINE SALES AGREEMENT
SUMMARY
One of the Police canines has reached the end of his Police service life.
RECOMMENDATION
Approve the Sales Agreement between the City of Tustin and Officer Alex Kiilehua
releasing the City of responsibility and/or liability concerning Police canine, Morres.
FISCAL IMPACT
None
BACKGROUND
Effective November 4, 2002, canine Morres was retired from active Police service.
Morres is 9 years old and has been with the City 5¼ years.
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
4th day of November 2002, by and between THE CITY OF TUSTIN (hereinafter
referred to as "The City") and OFFICER ALEX KIILEHUA (hereinafter referred to
as "Officer Kiilehua").
WlTNESSETH
WHEREAS, The City has determined that the City's Police Department
dog, Morres, is 9 years old, and after 5¼ years of service with the City's Police
Department should be retired on November 4, 2002; and
WHEREAS, during Morres' service with the City's Police Department,
Officer Kiilehua acted at all times as Morres' handler; and
WHEREAS, The City's Police Department has determined that given
Morres' age and condition, his value has completely depreciated and that the
ownership of Morres should be transferred to Officer Kiilehua, who has indicated
his willingness to accept Morres;
NOW, THEREFORE, it is agreed by and between the parties hereto;
Section 1: The City, owner of Morres, hereby determines to sell said
canine Morres to Officer Kiilehua 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, Morres, to Officer Kiilehua in
return for the consideration of One Dollar ($1.00).
Section 3: Officer Kiilehua 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
November 4, 2002
Page 2
liability resulting from the future action of the above named canine and that
Officer Kiilehua 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.
Jeffery M. Thomas, Mayor
Pamela Stoker, City Clerk
APPROVED AS TO FORM
LOIS JEFFREY
CITY ATTORNEY
By
ALEX KIILEHUA
By
Alex Kiilehua