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HomeMy WebLinkAboutITEM VIII-B-2 A TY OF UBUllN AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Resolution No. 4678 Date: January 24, 2011 Department: Attachments: Budget Impact: Police Resolution No. 4678 Administrative Recommendation: City Council adopt Resolution No. 4678. Background Summary: There has been a history of retired K9 officers being purchased by their handlers for $1 when the K9 officer retires. This allows the K9 officer to remain with the handler to whom it has bonded and allows the K9 a comfortable and safe environment for retirement. P0207-1 F4.6.1 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ® Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ® Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ® Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Peloza Staff: Lee Meeting Date: February 7, 2011 Item Number: VIII.B.2 AUBURN *MORE THAN YOU IMAGINED RESOLUTION NO.4 6 7 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE CONVERSION TO, AND SALE OF AUBURN POLICE CANINE RIGGS AS SURPLUS PROPERTY OF THE CITY OF AUBURN WHEREAS, City of Auburn Police Canine Officer Dan O'Neil has ending this assignment; and WHEREAS, the City of Auburn Police Department has evaluated Officer O'Neil's Police Service Dog, Riggs, and has determined that it is best to retire the dog instead of trying to train the dog to a new officer; and WHEREAS, Officer O'Neil has expressed the desire to acquire sole and exclusive ownership of Riggs; and WHEREAS, there is an understanding between Canine Handling Officers and the City of Auburn that at conclusion of a Police Service Dog's usefulness, the City will sell the Police Service Dog to its Canine Handling Officer and his or her family for the sum of one dollar and no/100 ($1.00). NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The City of Auburn has determined that Canine Riggs has reached the end of a reasonable service period and therefore determined that the property status of said canine should be surplussed and should be sold consistent with the understanding and practice between the City and Canine Handlers, to Auburn City Police Officer Dan O'Neil for the amount of one dollar Resolution No. 4678 January 7, 2011 Page 1 of 2 and no/100 ($1.00) upon execution of the sale and waiver agreement as described in Exhibit A attached hereto and incorporated herein by this reference. Section 2. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED this day of February, 2011. CITY OF AUBURN Peter B. Lewis Mayor ATTEST: Danielle E. Daskam City Clerk APPROVED AS TO FORM: i e I B. Hei City Attorney Resolution No. 4678 January 7, 2011 Page 2 of 2 SALE AND HOLD HARMLESS AGREEMENT This agreement is entered into between the city of Auburn, its agents, employees and assigns (hereafter referred to as the "City") and Daniel P. O'Neil (hereafter referred to as "Dan") their heirs and assigns. Police dog Riggs, having come to the end of his service duty, may be purchased by his handler, Dan, for the sum of one dollar ($1.00). Dan seeks to purchase Riggs under the terms of this Agreement and the City seeks to relieve itself of ownership of Riggs and any potential exposure to additional costs and/or other issues that may arise during the remainder of Riggs' life. Dan acknowledges and agrees that the City has no basis upon which to render any warranty or guarantee regarding Riggs' suitability for non-law enforcement activities, including suitability as a traditional pet or suitability for any particular purpose, and accordingly the City offers no warranty or guarantee and disclaims any warranty in law or equity that might otherwise accompany a sale. Dan voluntarily accepts these conditions and disclaimers. For sufficient consideration, including Dan's payment under the terms of this Agreement and the City's agreement to sell Riggs in lieu of other means of disposal and for other consideration as set forth in this Agreement, Dan agrees to release, acquit and forever discharge the City of and from any and all actions, causes of action, claims, demands, claims for attorney's fees, or other claims of any variety on account of or in any way arising out of Dan's ownership of Riggs. Dan specifically acknowledges that the sale of Riggs is "as is" that the City has not agreed to provide any further care or treatment for Riggs as a condition of sale, and agrees that he will not make any claim against the City after the sale for anything associated with Rigg's medical or other needs or conditions, whether those needs and conditions occurred prior to or after this sale. Dan agrees that Riggs is solely his property and that he bears full responsibility for Riggs' care, behavior and actions from the time of purchase forward. By signing this Agreement, Dan acknowledges that he has executes this Agreement of his own free will and is a voluntary act. Signed this ~3day of 2011 at Auburn WA. By: P_o36R_T M. U- C 44 e f' Or- T'oUC~C aniel P. O'Neil On behalf of the City of Auburn