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HomeMy WebLinkAboutCon. Cal. #6 8-3-87 Canine AlelFR~H' POLICE DEPART#ENT POLICE CAN[NE AXEL SUBJECT: Recommendation: 1. That Police Canine Axe1 be retired from City service. 2. That attached sales agreement between Officer David Kreylin9 and the City be executed by the Mayor, sellin9 Canine Axe1 as surplus. Background: Police Canine Axe1 has been in service as a workin9 police do9 for the last 6 years. Axe] is 9 years old. He is currently sufferin9 from arthritis, a thyroid condition, and has an estimated useful life expectancy of approximately 6 months. Axel's handler, Officer David Kreyling, has requested that he be transferred from assignment as a Canine 0ff~cer effective August 1, 1987. For these reasons, Canine Axe] should be retired. The City Attorney's office has reviewed and advised on the proper d~spositlon and a sales agreement has been drafted, se111n9 Canine Axel to his handler, Officer Kreyling, for the sum of $1.00 (refer attached documents). In that no additional useful service life remains for Canine Axel, ~t ~s recommended that this sales agreement be executed. Th~s agreement ~s satisfactory to Officer Kreylin9 as is indicated by h~s signature. Chief of Police CRT:dh SALES AGREEMENT THIS SALES AGREEMENT, is made and entered into, to be effec- tive this __ day of ...... , 1987, by and between THE CITY OF TUSTIN (hereinafter referred to as "City"), and OFFICER DAVID KREYLING (hereinafter referred to as "Officer Kr eyl lng" ). WI TNE S SETH: WHEREAS, City has determined that the City's Police Depart- ment dog, Axe1, is 9 years old, and after six (6) years of service with City's Police Department should be retired on August 1, 1987; and WEEREAS, during Axel's service with City's Police Depart- ment, Officer Kreyling acted at all times as Axel's handler; and WHEREAS, the City's Police Department has determined that given Axel's age and condition, his value has completely depre- ciated and that the ownership of Axe1 should be transferred to Officer Kreyling, who has indicated his willingness to accept Axe1. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES HERETO .- Section 1: City, owner of Axe1, hereby determines to sell said canine Axe1 to Officer Kreyling, 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 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, Axe1, to Officer Kreyling in return.for the consideration of One Dollar ($1.00). Section 9: Officer Kreyling 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 al- leged 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 Kreyling shall be fully and solely responsible therefor. 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: ~v~s ~.~O_UR~ ~ "OFFICER KRE~LING" DAVID KREXLING David Kr e~ing ~ JGR:SDA:Cj :R: 07/20/87 (C242)