HomeMy WebLinkAbout12 CANINE SALES AGREEMENT 08-07-06AGENDA REPORT
MEETING DATE: AUGUST 7, 2006
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: SCOTT M. JORDAN, CHIEF OF POLICE
SUBJECT: CANINE SALES AGREEMENT
SUMMARY: One of the Police canines (Elko) has been medically retired.
RECOMMENDATION:
Approve the Sales Agreement between the City of Tustin and Officer Shonn Rojas
releasing the City of responsibility and/or liability concerning Police canine, Elko.
FISCAL IMPACT:
Officer Rojas will pay the City the sum of $1.00 to purchase Elko.
BACKGROUND:
Effective July 10, 2006, canine Elko was diagnosed with a medical condition to his spine
and medically retired from active Police service. Elko is five years old and has been
with the City for three years and eight months.
The Sales Agreement has been reviewed and approved as to form by the City Attorney.
Scott M. Jordan
Chief of Police
SMJ:pf
Attachment
1
Section 3: Officer Rojas 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 Elko on or after the
date of this Agreement.
Section 2: The City hereby transfers absolute legal ownership and possession
of Elko to Officer Rojas in return for the commitment of Officer Rojas to assume all
responsibility for the future care and maintenance of Elko.
Section 1: The City, as owner of Elko, hereby determines to sell police canine
Elko to Officer Rojas, 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.
NOW, THEREFORE, it is agreed by and between the parties hereto as follows:
WHEREAS, in the absence of such transfer, the City would be responsible for
the continued care and maintenance of Elko;
WHEREAS, The City's Police Department has determined that given Elko's age
and condition, his value as a police dog has completely depreciated and that the
ownership of Elko should be transferred to Officer Rojas, who has expressed a desire to
acquire ownership of Elko; and
WHEREAS, Office Rojas has been Elko's handler throughout all of Elko's years
of service with the City's Police Department; and
WHEREAS, The City has determined that the City's Police Department dog,
"Elko" is five years old, and after three years and eight months of service with the City's
Police Department should be retired on August 7,2006; and
WITNESSETH
This Agreement is made and entered into, to be effective this th day of August,
2006, by and between the CITY OF TUSTIN, a California municipal corporation,
(hereinafter referred to as the "City) and OFFICER SHONN ROJAS (hereinafter referred
to as "Officer Rojas".
SALES AGREEMENT
FOR
RETIRED POLICE CANINE
2
OFFICER SHONN ROJAS
By:
DOUGLAS C. HOLLAND
CITY ATTORNEY
By:
APPROVED AS TO FORM:
PAMELA STOKER, CITY CLERK
By:
ATTEST:
DOUG DAVERT, MAYOR
By:
CITY OF TUSTIN
THIS AGREEMENT is entered into the date hereinabove written.
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 Elko and that Officer Rojas shall be fully and solely responsible
therefore.