HomeMy WebLinkAbout10 CANINE SALES AG. 08-18-97AGENDA
NO. 10
8-18-97
·
inter_Com
DATE:
AUGUST 18, 1997
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 Pam Hardacre
releasing the City of responsibility and/or liability concerning Police canine, Artur.
FISCAL IMPACT
None.
BACKGROUND
Effective August 4, 1997, canine Artur was retired from active Police service. Artur
is 10 years old and has been with the City 6 ¥2 years. In honor of service to the City,
proclamations will be presented to Artur and his handler, Officer Para Hardacre, at this
evening's Council meeting.
The Sales Agreement has been reviewed and approved as to form by the City
Attorney.
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Attachment
SALES AGREEMENT
THIS SALES AGREEMENT is made and entered into, to be effective
this 4th day of August, 1997, by and between THE CITY OF TUSTIN
(hereinafter referred to as "The City") and OFFICER PAM HARDACRE
(hereinafter referred to as "Officer Hardacre").
WITNESSETH
WHEREAS, The City has determined that the City's Police
Department dog, Artur, is 10 years old, and after 6 1/2 years of
service with the City's Police Department should be retired on
August 4, 1997, and
WHEREAS, during Artur's service with the City's Police
Department, Officer Hardacre acted at all times as Artur's handler;
and
WHEREAS, The City's Police Department has determined that
given Artur's age and condition, his value has completely
depreciated and that the ownership of Artur should be transferred
to Officer Hardacre, who has indicated her willingness to accept
Artur.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
HERETO;
Section 1: The City, owner of Artur, hereby determines to
sell said canine Artur to Officer Hardacre 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,
Artur, to Officer Hardacre in return for the consideration of One
Dollar ($1.0.0).
Section 3: Officer Hardacre 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 liability resulting from the future action of the above
named canine and that Officer HardaCre shall be fully and solely
responsible therefore.
THIS SALES AGREEMENT is entered into the date first herein
above written.
"THE CITY"
CITY OF TUSTIN
By.
Jeffery M. Thomas, Mayor
'ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM
LOIS JEFFREY
CITY ATTORNEY
PAM HARDACRE
By
Pam Hardacre