HomeMy WebLinkAboutCC 13 PD CANINE GUNDO 12-19-88,~. ,~ CONSENT CALENDAR
TO:
FROH:
SUBJECT:
WILLIAH A. HUSTON, CITY HANAGER
POLICE DEPARTHENT
POLICE CANINE GUNDO
Recommendat ion
1. That Police Canine Gundo be retired from City service.
,
That attached sales agreement between Officer Ron
Frazier and the City be executed by the Mayor, selling
Canine Gundo as surplus.
Background
Police Canine Gundo has been in service as a working police dog
for the last 5 years. Gundo is 9 years old. He is currently
suf'fering from arthritis, a thyroid condition, and has an
es'timated useful life expectancy of . approximately 3 months.
Gundo'$ handler, Officer Ron Frazier, is being transferred from
assignment as a Canine Officer effective February 1, 1989. For
these reasons, Canine Gundo should be retired.
The City Attorney's Office has reviewed and advised on the proper
disposition and a sales agreement has been drafted, selling Canine
Gundo to his handler, Officer Frazier, for the sum of $1.00 (refer
attached documents) . In that no additional useful service life
remains for Canine Gundo, it is recommended that this sales
agreement be executed. This agreement is satisfactory to Officer
Frazier as is indicated by his signature.
~r~e'i Wake f~iA~l d
Acting Chief of Police
Attach.
FW:dh
SALES AGREEMENT
THIS SALES AGREEMENT, is made and entered into , to be
effective this ~7 day of ----;.~/~ikfL3/~- . ... ,
1989,
by
and
between THE CITY OF TUSTIN (hereinafter referred to as "City"),
and OFFICER RONALD FRAZIER (hereinafter referred to as "Officer
Frazier").
W I T N E S S E T H:
WHEREAS, City has determined that the City's Police
Department dog, Gundo, is 9 years old, and after 5 years of
service with City's Police Department ~ should be retired on
January 7, 1989; and
WHEREAS, during Gundo's service with City' s Police
Department, Officer Frazier acted at all times as Gundfo's
handler; and
WHEREAS, the City's Police Department has determined that
given Gundo' s age and condition, his value has completely
depreciated and that the ownership of Gundo should be
transferred to Officer Frazier, who has indicated his
willingness to accept Gundo.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
HERETO:
Section 1: City, owner of Gundo, hereby determines to
sell said canine Gundo to - Officer Frazier, the undersigned
purchaser, for the sum of One Dollar ($i.00), having determined
that said canine is of no value to the City' s Police Depart-
.
ment, or the City, pursuant to Tustin City Code Section 1626
and that the aforementioned open market transaction, not
subject to bidding requirement, 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, Gundo, to Officer Frazier in return for the consider-
ation of One Dollar ($1.00).
Section 3: Officer Frazier agrees to and shall fully
indemnify, defend and keep and hold, the City, including the
Board of Police Commissioners, 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, it~ officers, employees and
agents shall have no responsibility or financial liability
resulting from the future action of the above-named canine and
that' Officer. Frazier shall be fully and solely '~esponsible
therefor ·
THIS SALES AGREEMENT Is entered intb the date first
.
hereinabove written'..
"CITY" CITY OF TUSTIN
By
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
JAMES G. ROURKE
CITY ATTORNEY
"OFFICER FRAZ IER"
RONALD FRAZIER
Ronald Frazier