Loading...
HomeMy WebLinkAbout5630 RESOLUTION NO. 5630 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 Sagan for use as a police canine officer, and enrolled Sagan with an APD officer in required Criminal Justice Training Commission (CJTC) training for certification as a police canine/handler team; WHEREAS, during the CJTC training, Sagan exhibited behavior and temperament challenges that prevented successful completion of the program. Without CJTC training and certification, APD cannot use Sagan as a police dog. Accordingly, APD has determined that retiring and transferring ownership of Sagan is in the City's best interests; WHEREAS, given their work and interaction with department police dogs, APD has a practice of giving officers the opportunity assume ownership of police dogs that are retired from service. APD Officer Alyssa Slate has fostered a relationship with Sagan through their work with APD, and she desires to purchase Sagan 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: Resolution No. 5630 October 28, 2021 Page 1 of 2 Section 1. The APD canine Sagan is declared surplus property to APD. APD is accordingly authorized to transfer ownership of Sagan to APD Officer Alyssa Slate 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 this 1st day of November, 2021. CITY OF AUBURN 11111CY KUS MAYOR ATTEST: APPROVED AS TO FORM: ��1 7. � �4`• G�\.4 4-X_X,�\ Ce "' Shawn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Resolution No. 5630 October 28, 2021 Page 2 of 2 AGREEMENT FOR SALE AND PURCHAE OF K-9 "SAGAN" THIS AGREEMENT made and entered into by and between the City of Auburn, a municipal corporation under the laws of the State of Washington (City), and Alyssa Slate (Buyer), an Auburn Police Officer. I. RECITALS WHEREAS, the Auburn Police Department (APD) owns a canine (K-9) dog known as Sagan. During legally required training for certification as a police dog, Sagan exhibited temperament and behavior challenges that prevented him from successfully completing the training and certification process. The City accordingly desires to retire Sagan as APD cannot utilize him as a police dog; and WHEREAS, Buyer desires to purchase Sagan from the City; NOW, THEREFORE, in consideration of the mutual party benefits in this Agreement and ten dollars ($10.00) and other good and valuable consideration the City has received from Buyer, the parties mutually agree as follows: II. AGREEMENT 1. Transfer of Sagan from City to Buyer. The City agrees to assign, convey and transfer all of its rights, title and interest in Sagan to Buyer. In exchange, the City recognizes and receives sufficient consideration, including Officer Slate's payment to the City under this Agreement, and the City's ability to sell Sagan in lieu of other means of disposal, and Officer Slate's agreement to release, acquit, and indemnify the City as set forth in the following paragraphs of this Agreement. 2. Buyer's Acknowledgement of Training and Release of Liability. In accepting transfer of Sagan from the City, Buyer recognizes that Sagan has received training in police canine procedures and tactics, including, but not limited to, attack training and other forms of aggressive conduct. 3. Indemnification and Hold Harmless. By accepting Sagan, Buyer agrees to indemnify and 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 Sagan resulting from his training described in this Agreement or otherwise. This indemnification and hold harmless shall extend to 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 Sagan's condition or activities from and after the date of the transfer under this Agreement. This paragraph shall not indemnify the City against liability for any of Sagan's activities before the transfer date. 4. Waiver/release of claims. Buyer further agrees to waive any and all claims of liability against the City of Auburn, the Auburn Police Department, or its officers, employees and agents that could arise as a result of Buyer's ownership or possession of Sagan under this Agreement. 5. No representations or warranties and assumption of responsibility. In consideration of this transfer, Buyer understands that the City makes no representations concerning Sagan's health, and that the City transfers Sagan to buyer"as is." The City makes no warranties regarding Sagan, and specifically disclaims any legally imposed warranties, including the warranty of merchantability and warranty of fitness for a particular purpose. Upon taking possession of Sagan pursuant to this Agreement, Buyer assumes all responsibility and obligation for Sagan's the condition, care and acts from the time of signing this Agreement forward. 6. Compliance with law. Upon taking possession and ownership of Sagan under this Agreement, Buyer agrees to comply with all dog licensing and legal requirements applicable in Buyer's jurisdiction. 7. Venue. It is agreed that venue for any lawsuit arising out of this Agreement shall be King County, Washington. 8. Severability. 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. 9. Entire Agreement. This Agreement represents the entire agreement between the parties, and it may only be modified or amended in writing signed by the parties. 10. Counterpart signatures, effective date. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement. The Agreement shall become effective once signed by all parties. Dated: c V11r4 \ `V? \ Dated: \D\rthk,\OAA' '1 70?J CITY OF AUBURN Nancy Ba , Mayor Al s:- Slate, Buyer Approved as to form: r OdYNAAArk Kendra Comeau, City Attorney