HomeMy WebLinkAbout4944 RESOLUTION NO. 4 9 4 4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE CONVERSION TO, AND SALE OF AUBURN
POLICE CANINE BODI AS SURPLUS PROPERTY
OF THE CITY OF AUBURN
WHEREAS, City of Aubum Police Canine Officer Samuel Betz has been
promoted to SergeaM; and
WHEREAS, the City of Auburn Police Department has evaluated Officer
Betz's Police Service Dog, Bodi, and has determined that it is best to retire the
dog instead of trying to train the dog to a new officer; and
WHEREAS, Sergeant Betz has expressed the desire to acquire sole and
exclusive ownership of Bodi; and
WHEREAS, there is an understanding between Canine Handling Officers
and the City of Auburn that at the conclusion of a Police Service Dog's
usefulness, the Gity will sell the Police Service Dog to its Canine Handling Officer
and his orher familyfor 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 Aubum has determined that Canine Bodi 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 Aubum City Police Officer Samuel Betz for the amount of one dollar
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Resolution No. 4944
April 24, 2013
Page 1 of 2
and no/100 ($1.00) upon execution of the sale and waiver agreemerrt as
descri6ed in Exhibit A attached hereto and incorparated 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�4 day of May, 2013.
CI QF A U
Peter B. Le
Mayor
ATTESTc
� C��
Da elle E. Daskam
City Clerk
APPR ED AS TO FORM:
Daniel 6. Heid
City Attomey
Resolution No. 4944
April 24, 2013
Page 2 of 2
SALE AND HOLD HARMLESS AGREEMENT
THIS AGREEMENT is entered into this�day of , 2013, by and between the City of
Auburn, its agents, employees and assigns (hereinafter referred to�ity") and Samuel Betz (hereinafter
referred to as Sergeant Betz), his heirs and assigns.
Police Canine Bodi, having come to the end of his service duty, may be purchased by his handler,
Sergean4 Betz, for the sum of one dollar and no/100 ($1:00). Sergeant Betr seeks to purchase Bodi under the
terms of this Agreement and the City seeks to relieve itself of ownership of Bodi and any potential exposure to
additional costs and/or other issues that may arise during the remainder of Bodi's life.
Sergeant:Betz acknowledges and agrees that 4he Gity has no basis upon which to render any warranty or
guarantee regarding Bodi's suitability for non-law enforcement activities, including suitability as a haditionaf pet or
suitability for any particular purpose, and accordingly the city offers no warrant or guarentee and disclaims any
warranty in law or equity that might otherwise accompany a sale. Sergeant Betz voluntarity accepts these
conditions and disclaimers.
Forsufficient consideration, inciuding Sergeant Betz's paymeM under the terms of this AgreemenYand
the Ciry's agreement to seli Bodi in lieu of other means of disposal and for other consideration as set forth in this
agreement, Sergeant Betz agrees to release, acquit and forever discharge the City of and from any and all
actions, claims, demands, claims for attomey's fees or other claims ofiany variety on accounYof or in any way
arising out of Sergeant Betz's ownership of Bodi. Sergeant Be�specifically acknowledges that the sale of Bodi is
"as is" that the City has not agreed to provide any further care or treatment for Bodi as a condition of saie, and
agrees that he will not make any claim against the City after the sale for anything associated with Bodi's medical
or other needs or conditions, whether those needs and conditions oCCUrred prior to or after this sale.
Sergeant Betz agrees that Bodi is solely his property and that he bears full respo�sibility for Bodi s care,
behavioc and actions from the time of purchase forward.
By signing this Agreement, Sergeant Betr acknowledges that he has executed this Agreement of his own
free will and is a voluntary act.
� 1 ��- � �
Sergeant Samuel Betz, Purchaser By: Bob Lee, Chief of Police
On behalf of the City of Aubum