HomeMy WebLinkAbout09 CANINE SALES AG 07-15-96'AGE :DA___
NO. 9
U'J b., ,.,
Intor-Gom
DATE:
TO'
'FROM:
SUBJECT:
JULY 10, 1996
WILLIAM A. HUSTON, CITY MANAGER
POLICE DEPARTMENT
CANINE SALES AGREEMENT
RECOMMENDATION'
That we pass and agree to the attached Sales Agreement between The City of Tustin
and Officer Keith Arrants releasing us of any responsibility and/or liability concerning
Police canine Brit.
BACKGROUND:
Effective August 1, 1996, canine Brit will be retired from active Police Service. He
is eight-years old and has been with the City 5 ~ years. We will be honoring Brit and
his handler, Officer Keith Arrants, with Proclamations at the 8/5/96 Council meeting.
Attached is a Sales/Release of Liability Agreement that we have used in the past
when we retire the canines. It was last reviewed by the City Attorney's office in
1993. Per our conversation, we did not staff it through the City Attorney's office.
This Sales Agreement has been included on the July 15 consent calendar.
If you have any additional questions or concerns, please feel free to contact me.
W. DOUGLAS FRANKS
Chief of Police
WDF:SF:et
Attachment
SALES AGREEMENT
THIS SALES AGREEMENT is_made and entered into, to be effective this 1st day
of August, 1996, by and between THE CITY O'F TUSTIN (hereinafter referred to as
"The City") and OFFICER KEITH ARRANTS (hereinafter referred to as "Officer
Arrants").
WITNESSETH
WHEREAS, The City has determined that the City's Police Department dog, Brit
is 8 years old, and after .5 ~-years of service with the City's Police Department
should be retired on August 1, 1996, and
WHEREAS, during Brit's service with the City's Police Department, ' Officer
Arrants acted at all times as Brit's handler; and
WHEREAS, The City's Police Department has determined that given Brit's age
and condition, his value has completely depreciated and that the ownership of Brit
should be transferred to Officer Arrants, who has indicated his willingness to accept
Brit.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO';
~_e.,.c.,_t[~:~_: The City, owner of Brit hereby determines to sell said canine Brit
to Officer Arrants, 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). '
~.,c_tJDJ3_Z: To carry out this purpose, The City hereby transfers absolute 'legal
ownership and possession of the canine, Brit, to Officer Arrants in return for tile
consideration of One Dollar ($1.00).
~¢,_C,_tJ_oJ3_~: Officer Arrants 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 Arrants 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
Mayor
City Clerk
APPROVED AS TO FORM
LOIS E. JEFFREY
CITY ATTORNEY
By
"OFFICER ARRANTS"
KEITH ARRANTS
By¸
Keith Arrants