HomeMy WebLinkAbout4884 RESOLUTION NO 4 8 8 4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE CONVERSION TO, AND SALE OF AUBURN
POLICE CANINE HENK AS SURPLUS PROPERTY
OF THE CITY OF AUBURN
WHEREAS, City of Auburn Police K9 Officer Rodney Medeiros has this
assignment; and
WHEREAS, the City of Auburn Police Department has evaluated Officer
Medeiros' Police Service Dog, Henk, 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 Medeiros has expressed the desire to not retain K9
Henk and provide basic care, and
WHEREAS, the Auburn Police Department is seeking partial
reimbursement for the original purchase of K9 Henk. Further, the Auburn Police
Department has located a viable owner that trains German Shepards in the area
of Schutzund and personal security
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS-
Section 1. The City of Auburn has determined that K9 Henk has
reached the end of a reasonable service period and therefore determined that
said canine should be surplused and should be sold to John B Douglas upon
execution of the sale and waiver agreement in substantially the same form as set
forth in Exhibit A attached hereto and incorporated herein by this reference.
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Resolution No. 4884
November 14, 2012
Page 1 of 2
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AGREEMENT
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THIS AGREEMENT made and entered into on this i day of Plevem et; 2012,
by and between the City of Auburn, a municipal corporation under the laws of
the State of Washington, hereinafter referred to as the "City," and John B.
Douglas, hereinafter referred to as the "Buyer "
WHEREAS, the Auburn Police Department has one (1) German Shepherd Dog
known as K-9 Henk vom Geney ( Henk'� and
WHEREAS, the City desires to retire K-9 Henk and
WHEREAS, Buyer desires to purchase said retired K-9 Henk;
NOW, THEREFORE, in consideration of the mutual benefits to be derived
herefrom and Three Thousand Dollars ($3,000.00) and other good and valuable
consideration received by the City from the Buyer, the parties herein do mutually
agree as follows:
1. The City agrees to assign, convey and transfer all rights, title and interest
in the dog known as K-9 Henk to Buyer
2. Acknowledgment of Training and Release of Liability In accepting
transfer from the City of the dog known as K-9 Henk, a German Shepherd
Dog, Buyer recognizes that said animal has received training in police
canine procedures and tactics, including, but not limited to, attack training
and other forms of aggressive conduct, and by acceptance of this animal,
Buyer, for and in consideration of the transfer to him of K-9 Henk, agrees
to hold harmless the City of Auburn, the Auburn Police Department, and
its officers, employees and agents from any and all liability whatsoever
that might arise from acts engaged in by the forenamed canine resulting
from his training as herein described, as well as any other acts of said
canine whether or not attributable to such training.
Buyer further agrees to waive any and all claims of liability insofar as the
City of Auburn, the Auburn Police Department, its officers, employees and
agents are concerned that might arise as a result of his use and/or
possession of said animal.
It is further understood by Buyer that, in consideration of this transfer, the
City makes no representations concerning the health of the animal, which
K-9 Purchase Agreement - Henk Page 1 of 2
is transferred "as is" and Buyer assumes all responsibility and obligation
for the condition, care and acts, of said animal.
3. Indemnification. Buyer agrees to assume any and all risks from the date
first written above and the Buyer further agrees to release, indemnify and
promise to defend and save harmless the City, its officers, employees and
agents from and against any and all liability, injuries, loss, damage,
expense, actions and claims, including costs and reasonable attorney's
fees incurred by the City, its officers, employees and agents in defense
thereof, asserting or arising directly or indirectly on account of or out of
said canine's activities from date of said transfer; provided, however, this
paragraph does not purport to indemnify the City against liability for any
activities of said canine prior to said transfer date.
4 Severabilitv If any part of this Agreement is found to be in conflict with
applicable laws, such part shall be inoperative, null and void, insofar as it
is in conflict with said laws, the remainder of the Agreement shall remain
in full force and effect.
5 Venue. It is agreed that venue for any lawsuit arising out of this
Agreement shall be King County, Washington.
IN WITNESS WHEREOF, the City and Buyer have executed this Agreement the
day and year first above written.
CITY OF A N BUYER
PETER B. LEWIS, Mayor ohn B. Douglas
ATTrEST
CITY CLERK
APPROVED AS TO FORM
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K-9 Purchase Agreement - Henk Page 2 of 2