HomeMy WebLinkAbout08 CANINE SALES AG 11-15-04
AGENDA REPORT
Agenda Item 8
Reviewed:
City Manager ~
Finance Director ~
MEETING DATE:
NOVEMBER 15, 2004
TO:
FROM:
WilLIAM A. HUSTON, CITY MANAGER
JOSEPH P. GARCIA, INTERIM POLICE CHIEF
SUBJECT:
CANINE SALES AGREEMENT
SUMMARY
One of the Police canines has reached the end of his Police service life.
RECOMMENDATION
Approve the Sales Agreement between the City of Tustin and Officer Mark Turner
releasing the City of responsibility and/or liability concerning Police canine, Basco.
FISCAL IMPACT
None
BACKGROUND
Effective November 15, 2004, canine Basco was retired from active Police service.
Basco is eight years old and has been with the City five years. In honor of service to
the City, proclamations will be presented to Basco and his handler, Officer Mark Turner,
at this evening's Council meeting.
The Sales Agreement has been reviewed and approved as to form by the City Attorney.
~_.~
JOSEPH P. GARCIA
Interim Chief of Police
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Attachment
SALES AGREEMENT
FOR
RETIRED POLICE CANINE
This Agreement is made and entered into, to be effective this 15th day of
November, 2004, by and between the CITY OF TUSTIN, a California municipal
corporation, (hereinafter referred to as the "City") and OFFICER MARK TURNER
(hereinafter referred to as "Officer Turner").
WITNESSETH
WHEREAS, the City has determined that the City's Police Department
dog, "Basco," is 8 years old, and after 5 years of service with the City's Police
Department should be retired on November 15, 2004; and
WHEREAS, Officer Turner has been Basco's handler throughout all of
Basco's years of service with the City's Police Department; and
WHEREAS, The City's Police Department has determined that given
Basco's age and condition, his value as a police dog has completely depreciated
and that the ownership of Basco should be transferred to Officer Turner, who has
expressed a desire to acquire ownership of Basco; and
WHEREAS, in the absence of such transfer, the City would be responsible
for the continued care and maintenance of Basco;
NOW, THEREFORE, it is agreed by and between the parties hereto as
follows:
Section 1: The City, as owner of Basco, hereby determines to sell
police canine Basco to Officer Turner, 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 Basco to Officer Turner in return for the commitment of Officer
Turner to assume all responsibility for the future care and maintenance of Basco.
Section 3: Officer Turner 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 Basco on and 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 Basco and that Officer Turner shall be
fully and solely responsible therefore.
THIS AGREEMENT is entered into the date hereinabove written.
CITY OF TUSTIN
By:
TONY KAWASHIMA, MAYOR
ATTEST:
By:
PAMELA STOKER, CITY CLERK
APPROVED AS TO FORM:
By:
LOIS E. JEFFREY, CITY ATTORNEY
OFFICER MARK TURNER
By: MJr
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