HomeMy WebLinkAbout5778 RESOLUTION NO. 5778
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DECLARING AN AUBURN POLICE DEPARTMENT
CANINE AS SURPLUS PROPERTY AND APPROVING ITS TRANSFER
TO A PURCHASER BY CONTRACT
WHEREAS, the Auburn Police Department (APD) purchased a dog named
Dexter for use as a police canine officer, and canine Dexter has been working with an
Auburn Police Officer handler in a Criminal Justice Training Commission (CJTC)
certified police canine/handler team since 2022;
WHEREAS, K9 Dexter's Auburn Police Officer handler has left City service, it
has been determined that the transfer of K9 Dexter to a new handler is not in the best
interest of the City or department, and Dexter will be retired from active service with
the APD. Accordingly, APD has determined that transferring ownership of Dexter is in
the City's best interest;
WHEREAS, given their work and interaction with department police dogs, APD
has a practice of giving officers the opportunity to assume ownership of police dogs that
are retired or removed from service. Former APD Officer Helena Stratton has fostered
a relationship with Dexter through Dexter's work with APD, and she desires to purchase
Dexter from APD on the terms and conditions expressed in the proposed agreement
attached as Exhibit A to this Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. The APD canine Dexter is declared surplus property to APD. APD is
accordingly authorized to transfer ownership of Dexter to former APD Officer Helena
Resolution No. 5778
August 1, 2024
Page 1 of 2
Stratton according to the terms and conditions set forth in the proposed purchase and
sale agreement attached to this Resolution;
Section 2. The Mayor is authorized to implement such administrative
procedures as may be necessary to carry out the directions of this legislation.
Section 3. This Resolution shall take effect and be in full force upon passage
and signatures.
Dated and Signed: 11v1UUSk 5, 202-S1
CITY OF AUBURN
N NCY AUS, MAYOR
ATTEST: APPROVED AS TO FORM:
cn�
Shawn Campbell, MMC, City Clerk Paul Byrne, Acti City Attorney
Resolution No. 5778
August 1, 2024
Page 2 of 2
Docusign Envelope ID:BF635CCF-2DBC-423D-BB62-B64D19E76642
SALE AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT is entered into this2.(tP day of u.\ V 2024, by and between the City of
y -C.
Auburn, its agents, employees and assigns (hereinafter referred to as the "City") and Helena Stratton (hereinafter
referred to as Helena), her heirs and assigns.
Police Canine Dexter, having come to the end of his service duty, may be purchased by his handler,
Helena, for the sum of one dollar and no/100 ($1.00). Helena Stratton seeks to purchase Dexter under the terms
of this Agreement and the City seeks to relieve itself of ownership of Dexter and any potential exposure to
additional costs and/or other issues that may arise during the remainder of Dexter's life.
Helena acknowledges and agrees that the City has no basis upon which to render any warranty or
guarantee regarding Helena's suitability for non-law enforcement activities, including suitability as a traditional pet
or suitability for any particular purpose, and accordingly the city offers no warrant or guarantee and disclaims any
warranty in law or equity that might otherwise accompany a sale. Helena voluntarily accepts these conditions and
disclaimers.
For sufficient consideration, including Helena's payment under the terms of this Agreement and the City's
agreement to sell Dexter in lieu of other means of disposal and for other consideration as set forth in this
agreement, Helena agrees to release, acquit and forever discharge the City of and from any and all actions,
claims, demands, claims for attorney's fees or other claims of any variety on account of or in any way arising out
of Helena's ownership of Dexter, Helena specifically acknowledges that the sale of Dexter is "as is" and that the
City has not agreed to provide any further care or treatment for Dexter as a condition of sale and agrees that he
will not make any claim against the City after the sale for anything associated with Dexter's medical or other
needs or conditions, whether those needs and conditions occurred prior to or after this sale.
Helena agrees that Dexter is solely her property and that she bears full responsibility for Dexter's care,
behavior and actions from the time of purchase forward.
For further consideration for the City's agreement to sell Dexter, Helena agrees not to, without the prior •
written consent of the City of Auburn Police Chief, a) use Dexter as a law enforcement canine or.for any purpose
connected to Helena's employment by any law enforcement agency, or b) transfer, convey, or release Dexter to
any law enforcement agency. Upon violation of either preceding condition, Helena agrees to pay to the City of
Auburn the cost to the City of Auburn to purchase, care for, and train Dexter during his service career for the City
of Auburn.
Docusign Envelope ID:BF635CCF-2DBC-423D-BB62-B64D19E76642
By signing this Agreement, Helena acknowledges that she has executed this Agreement of her own free
will and is a voluntary act.
FDocuSigned by:
�" 27CC40afODCC4CO...
e a Stratton, Purchas:l� Mark Caillier, Chief of Police
rDocuSigned by:
DosySigne by:
C82n210408A04AE..
Doug Ruth, Acting City Attorney anF y9ggaal cMayor