HomeMy WebLinkAboutCC 15 P.D. CANINE FELLO 02-5-90TE:
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$1J8JECT:
JANUARY 30, 1990
WILLIAM A. HUSTON, CITY MANAGER
POLICE DEPARTMENT
POLICE CANINE FELLO
CONSENT CALENDAR NO.15
2-5-90
Inter -Com
s,
►i Recommendation
1. Police Canine Fello be retired from City
V service.
2. The attached Sales Agreement be executed by the
Mayor to sell Canine Fello to Officer Tom
Heritage.
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Background
Police Canine Fello has been in service as a working
police dog for the last 5 1/2 years. Fello is 9 years
old. He is currently suffering from arthritis and a
thyroid condition, and he has an estimated useful life
expectancy of approximately 3 months. Fello's handler,
Officer Tom Heritage, is being transferred from assign-
ment as a Canine Officer effective March 1, 1990. For
these reasons, Canine Fello should be retired.
The City Attorney's Office has reviewed and approved the
City's Sales Agreement to sell Canine Fello to his
handler, Officer Heritage, for the sum of $1.00 (refer to
attached documents). This Agreement is satisfactory to
Officer Heritage.
W. DOUGLAS FRANKS
Chief of Police
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SALES AGREEMENT
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';hTHIS SALES AGREEMENT, is made and entered into, to be
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k?' effective this �� day of`���� _, 1990, by and between
THE CITY OF TUSTIN (hereinafter referred to as "City"), and
OFFICER TOM HERITAGE (hereinafter referred to as "Officer
Heritage.
�j WITNESSETH
WHEREAS, City has determined that the City's Police Depart-
ment dog, Fello, is 9 years old, and after S 1/2 years of service
with the City's Police Department should be retired on March 1,
1990; and -
WHEREAS, during Fello's service with City's Police Depart-
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ment, Officer Heritage acted at all times as Fello's handler; and
WHEREAS, the City's Police Department has determined that
!' given Fello's age and condition, his value has completely
111 depreciated and that the ownership of Fello should be trans-
�;l;ferred to Officer Heritage, who has indicated his willingness to
accept Fello.
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NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
HERETO;
Section 1: City, owner of Fello, hereby determines to
sell said canine Fello to Officer Heritage, the undersigned pur-
chaser, 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 1626 and that the afore-
mentioned open market transaction, not subject to bidding require-
ment, 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,
Fello, to Officer Heritage in return for the consideration of One
Dollar ($1.00).
Section 3: Officer Heritage 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 Heritage shall be fully and solely
responsible therefor.
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THIS SALES AGREEMENT is entered into the date first herein-
above written.
"CITY"
By
ATTEST:
City Clerk
APPROVED AS TO FORM
JAMES G. ROURKE
CITY ATT,0154Y
S/
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By
CITY OF TUSTIN
Mayor
"OFFICER HERITAGE" TOM HERITAGE
Tom Heritage
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