HomeMy WebLinkAboutCC 10 CANINE XFER 08-02-93DATE'
JULY 15, 1993
CONSENT CALENDAR NO. 10
8-2-93
inter-Com ,
TO'
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
POLICE DEPARTMENT
CANINE TRANSFER OF LIABILITY SALES AGREEMENT/BRONCO
Recommendation
That the attached sales agreement be approved as written in order
to transfer liability of canine Bronco to Officer Pat Welch.
Backqround
Bronco has been with us for 4% years and during that time has
worked for two handlers. He started out working for Officer Mike
Clesceri and when Mike transferred to the Regional Narcotics
Suppression Program, it was necessary to reassign Bronco to Officer
Pat Welch. At that same time, we took canine Ringo, who had been
Officer Welch's partner, out of regular service. We cross-trained
Ringo in narcotics and used him specifically for that purpose.
Officer Welch's day-to-day canine partner was Bronco up until June
28, 1993. It is now necessary to retire Bronco from service as
well.
At the last City Council Meeting, sales agreement of Ringo to
Officer Welch was approved, officially retiring him from all duty,
regular and narcotics-related. Officer Welch initially did not
want Bronco, as well as Ringo, however when he learned the only
option available to us was to put Bronco to sleep, he consented to
accept liability for both animals.
It is recommended that Officer Welch be allowed to have both
animals, in that they are at the end of their life span.
DOUGLAS F~NKS
Chief of Police
WDF:dh
SALES AGREEMENT
THIS SALES AGREEMENT is made and entered into, to be effective
this 28th day of June, 1993, by and between THE CITY OF TUSTIN
(hereinafter referred to as "City") and OFFICER PAT WELCH
(hereinafter referred to as "Officer Welch").
WITNESSETH
WHEREAS, City has determined that the City's Police Department
dog, Bronco, is 9 years old, and after 4½ years of service with the
City's Police Depar'cment should be retired on June 28, 1993 and
WHEREAS, during the past 2½ years of Bronco's service with the
City's Police Department, Officer Welch acted as Bronco's handler;
and
WHEREAS, the City's Police Department has determined that
given Bronco's age and condition, his value has completely
depreciated and that the ownership of Bronco should be transferred
to Officer Welch, who has indicated his willingness to accept
Bronco.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
HERETO;
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Section 1: City, owner of Bronco, hereby determines to
sell said canine Bronco to Officer Welch, 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 our this purpose, the City hereby
transfers absolute legal ownership and possession of the canine,
Bronco, to Officer Welch in return for the consideration of One
Dollar ($1.00).
Section 3: Officer Welch 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 Welch shall be fully and solely
responsible therefore.
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THIS SALES AGREEMENT is entered into the date first herein
above written.
"CITY"
CITY OF TUSTIN
By
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM
JAMES G. ROURKE
CITY ATTORNEY
By.
"OFFICER WELCH"
PAT WELCH
By
Pat Welch
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