HomeMy WebLinkAbout10 AGREEMENT FOR TRANSFER OF OWNERSHIP OF A POLICE SERVICE DOGAgenda Item 10
Reviewed:
AGENDA REPORT City Manager
Finance Director N/A
MEETING DATE: FEBRUARY 19, 2019
TO: MATTHEW S. WEST, ACTING CITY MANAGER
FROM: STU GREENBERG, CHIEF OF POLICE
SUBJECT: AGREEMENT FOR TRANSFER OF OWNERSHIP OF A POLICE
SERVICE DOG
SUMMARY
Officer Chuck Mitchell will be rotating out of the Canine Program and into the Patrol
Division, effective shift change March 18, 2019. PSD Kingsley is a 4'/2 year-old Belgian
Malinois and has served as a Tustin Police Canine for two years. It is difficult for a mature
PSD to be re-trained and form a bond with a new handler due to its age. Based on the
unique bond between canine and handler, Officer Mitchell has agreed to accept
ownership of Kingsley. The Agreement for Transfer of Ownership of a Police Service
Canine has been reviewed and approved as to form by the City Attorney.
RECOMMENDATION
Approve the Agreement for Transfer of Ownership for a Police Services Dog between the
City of Tustin and Officer Chuck Mitchell so that Kingsley can live out the remainder of
his days with the Mitchell family
FISCAL IMPACT
Officer Mitchell will pay the City the sum of $1.00 for the transfer of ownership, and he will
assume all future liability, maintenance, and care.
CORRELATION TO THE STRATEGIC PLAN
None.
Agreement For Transfer Of Ownership of a Police Service Dog
February 19, 2019
Page No. 2 of 2
BACKGROUND
PSD Kingsley is.a 4 -1/2 -year-old Belgian Malinois that has been in service with the
Tustin Police Department since 2017. The City of Tustin purchased Kingsley from
Adlerhorst International in Riverside County in 2017 for the sum of $11,250.00 after he
was imported from The Netherlands. The monies used to pay for Kingsley were donated
by the Kingsley Foundation. Kingsley and his handler, Officer Chuck Mitchell, have
been partners since 2017.
The team has handled nearly 500 calls, 100's of documented usages, including 2
apprehensions and four surrenders plus numerous outside agency assists.
The team has also contributed greatly to community outreach by attending and
participating in the following events:
• The Annual OC Police Canine Association benefit show;
• The Tet Festival in Westminster;
• English and Spanish Citizens' Academy;
• Block Captain Meetings;
• TPD's Annual Walk to School Program;
• Boy Scout police facility tours;
• TPD's Annual Open House;
• National Night Out;
• Multiple school functions for the Tustin Unified School District, and
• Countless meet and greets with citizens.
The service life for police service dogs varies but typically is 4 — 7 years. Although
Kingsley is still a healthy 4 -1/2 -year-old dog, he has reached the end of his service
career and will be retiring on March 18, 2019. Officer Mitchell will be rotating into the
Patrol Division at that time and will no longer be assigned to the Canine Unit.
In order to fulfill the donation by the Kingsley Foundation, Adlerhorst International has
agreed to provide the Tustin Police Department with a new Police Service Dog at no
additional cost. A new handler will be selected during the normal testing period late
March 2019.
STU GFkEN&6RG
Chief of Police
Attachment: 1. Agreement for Transfer of Ownership of a Police Service Dog
ATTACHMENT NO. 1
AGREEMENT FOR TRANSFER OF OWNERSHIP
OF A
POLICE SERVICE DOG
This Agreement is made and entered into, to be effective this 19th day of February,
2019, by and between the CITY OF TUSTIN, a California municipal corporation,
(hereinafter referred to as the "City") and OFFICER CHUCK MITCHELL (hereinafter
referred to as "Officer Mitchell").
WITNESSETH
WHEREAS, The City has determined that the City's Police Service Dog, "Kingsley"
is 4 -1/2 -years -old, and after 2 years of service with the City's Police Department should
be retired on February 21, 2019; and
WHEREAS, Officer Mitchell has been Kingsley's handler for two years of service
with the City's Police Department; and
WHEREAS, The City's Police Department has determined that given Kingsley's
age, his value as a police service dog has completely depreciated and that the ownership
of Kingsley should be transferred to Officer Mitchell, who has expressed a desire to
acquire ownership of Kingsley; and
WHEREAS, in the absence of such transfer, the City would be responsible for the
continued care and maintenance of Kingsley;
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
Section 1: The City, as the owner of Kingsley, hereby determines to sell police
service dog Kingsley to Officer Mitchell, the purchaser, for the sum of one dollar ($1.00),
having determined that the canine is no longer of any value to the City's Police
Department.
Section 2: The City hereby transfers absolute legal ownership and possession
of Kingsley to Officer Mitchell in return for the commitment of Officer Mitchell to assume
all responsibility for the future care and maintenance of Kingsley.
Section 3: Officer Mitchell further 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, officials 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 Kingsley on or after the
date of this Agreement.
It is the intent of this Agreement that the City, the City's Police Department, its officers,
officials, employees, and agents shall have no responsibility or financial liability resulting
from any future action of Kingsley and that Officer Mitchell shall be fully and solely
responsible, therefore.
THIS AGREEMENT is entered into the date hereinabove written.
ATTEST:
ERICA N. YASUDA,
CITY CLERK
APPROVED AS TO FORM:
DAVID E. KENDIG,
CITY ATTORNEY
6►:
CITY OF TUSTIN
la
CHARLES E. PUCKETT,
MAYOR
CHUCK MITCHELL,
POLICE OFFICER