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HomeMy WebLinkAbout55A - AGMT FOR K9REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2020 TITLE: RESOLUTION AND AGREEMENT AUTHORIZING POLICE OFFICER HEITMANN TO PURCHASE A RETIRED SANTA ANA POLICE DEPARTMENT K-9, AND ACCEPTING THE DONATION OF A NEW K-9 AND RELATED SUPPLIES (GENERAL FUND) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl Reading ❑ Ordinance on 2n' Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution authorizing the purchase agreement between Santa Ana Police Officer Heitmann and the City of Santa Ana for the sale of a retired Santa Ana Police Department K-9, and accepting the donation of a new K-9 and related supplies. 2. Authorize the City Manager to execute a purchase agreement with former Santa Ana Police Officer Michael Heitmann for the sale of a retired Police Department K-9 in the amount of $1, subject to non -substantive changes approved by the City Attorney and City Manager. DISCUSSION The Santa Ana Police Department Canine Unit utilizes police service dogs trained specifically to assist with different patrol functions. The police service dogs serve as a valuable officer safety resource during tactical and high -risk situations. The police service dogs are used to find and apprehend violent suspects, providing officers with additional safety options when apprehending a suspect. In addition to enforcement duties, the Canine Unit performs public relation activities that enhance the crucial bond between the Police Department and community members. During public demonstrations, community members are able to "meet and greet' the police service dogs and observe live bite and detection demonstrations. The Santa Ana Police Department has six apprehension dogs, one bloodhound, and one therapy dog. On August 1, 2020, Officer Mike Heitmann completed his service as a K-9 Officer and separated from the Santa Ana Police Department. His assigned K-9, Pepper, is ten years old, the average retirement age for police service dogs. At her age, it would be impractical to keep her in service and commence training with a new handler. During their assignment as a K-9 team, Pepper has lived with Officer Heitmann for over four years. 55A-1 Resolution and Agreement for Police Department K-9 October 6, 2020 Page 2 As Pepper retires, Officer Heitmann wishes to purchase Pepper for the standard fee of $1. Officer Heitmann will assume ownership and full responsibility for the care, maintenance, food, housing, medical, and all other expenses that arise out of Officer Heitmann's ownership of Pepper. In order to provide a consistent home and care for K-9 Pepper, staff recommend approval of the agreement between Officer Heitmann and the City of Santa Ana for the purchase of Pepper. In addition, from time to time, community members contribute funding and supplies to enhance the Department's K-9 program. Police Volunteer Johanna Scillieri, who volunteers up to 30 hours per week in the Investigations Bureau and has a passion for animals and the Department's K-9 program, wishes to donate one Police K-9, Baldur, and related supplies to the Santa Ana Police Department. The total value of the K-9 and related supplies, including collars, leashes, and a kennel, is approximately $15,000. FISCAL IMPACT Funds for this agreement will be deposited into the Police Department's FY 2020-21 miscellaneous reimbursement revenue account (No. 01114002-57402). Fiscal Impact Verified By: Kathryn Downs, CPA, Executive Director — Finance and Management Services Agency Submitted By: David Valentin, Chief of Police - Police Department Exhibits: 1. Resolution 2. Agreement with Officer Heitmann 55A-2 ix 116115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN FORMER POLICE OFFICER MICHAEL HEITMANN AND THE CITY OF SANTA ANA RELATING TO HIS PURCHASE OF A POLICE K-9 AND ACCEPTING THE DONATION OF POLICE K-9 ANIMAL, EQUIPMENT AND SUPPLIES FROM JOHANNA SCILLIERI FOR THE SANTA ANA POLICE DEPARTMENT K-9 PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. WHEREAS, former Officer Michael Heitman ("former Officer") was a police officer with the City of Santa Ana and was assigned as a K-9 Officer in the Canine Unit; and B. WHEREAS, the City assigned a dog named Pepper to the K-9 program and Pepper was assigned to former Officer; and C. WHEREAS, Pepper has served the Santa Ana Police Department for several years and Pepper is 10 years old, a normal retirement age for police service dogs. Based upon her age and current physical condition, it would be impractical to reassign Pepper to a new canine handler to attend Basic Handlers Course and to put Pepper back in service; and D. WHEREAS, former Officer requested permission to purchase Pepper and the City is agreeable to selling Pepper to Officer due to their relationship as Pepper's handler; and E. WHEREAS, the Police K-9 program is replacing Pepper with new donated K-9. Baldur: and F. WHEREAS, community members contribute funding and supplies to enhance the K-9 program and Police Volunteer Johanna Scillieri, who volunteers up to 30 hours per week in the Investigations Bureau at Santa Ana Police Department (SAPD) and who has a passion for animals and the Department's K-9 program, wishes to donate one Police K-9, Baldur, to the Santa Ana Police Department; and G. WHEREAS, Baldur will be trained and certified under the SAPD's program with Adlerhorst International, LLC, and will serve in the Department's K-9 program; and Resolution 2020-xxx Page 1 of 3 55A-3 H. WHEREAS, the total value to purchase Baldur, including equipment and supplies donated by Ms. Scillieri is approximately $15,000. Section 2. The City has declared Pepper to be surplus property and due to the nature of officer's relationship with Pepper, the City Council authorizes the City Manager to enter into an Agreement with former officer on behalf of the City to sell Pepper for $1.00 (one -dollar) under terms and conditions acceptable to the City Attorney. Section 3. The City hereby accepts the donation of Baldur, to its ranks, and the equipment and supplies for this K-9. Section 4. If section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of October, 2020. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: IMVU# 0 t — Tamara Bogosian Sr. Assistant City Attorney Resolution 2020-xxx Page 2 of 3 55A-4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmem NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2020-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution 2020-xxx Page 3 of 3 55A-5 Exhibit 2 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT, made and entered into this 6th day of October, 2020 by and between former Santa Ana Police Department Officer Michael Heitmann ("former Officer") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. Former Officer was a member of the Santa Ana Police Department and was assigned as a K-9 Handler in the K9 Unit. B. Former Officer was, in connection with his assignment as a K9 Handler, given the care, custody, and control of a police dog named `Tepper" (Dog). C. Dog has been specially trained to assist officers in law enforcement tasks and to respond to commands issued specifically by the former Officer. D. Dog is 10 years old, a normal retirement age for police dogs. Based on her age and current physical condition, it would be impractical to reassign Dog to a new canine handler to attend Basic Handlers Course before being put back in service. E. Dog is considered "surplus" property and the Director of Finance has agreed to sell Dog to former Officer for the total sum of $1.00. F. Former Officer wishes to purchase and adopt Dog. It is the City's intent to sell Dog to former Officer subject to the conditions specified in this agreement. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. City hereby sells Dog to former Officer for the total sum of $1.00, payable at the time this contract is executed. Former Officer shall be the owner of the Dog upon execution of this contract and payment of $1.00. 2. Former Officer agrees and hereby assumes ownership and full responsibility for the care, maintenance, food, housing, medical and any and all other expenses that result from or arise out of former Officer's ownership of Dog. 3. Officer agrees that the City shall have no further responsibility of liability for Dog or Dog's care after the date of this Agreement. 4. Former Officer agrees to defend, indemnify and hold harmless the City and its officers, employees, representatives, and agents with respect to any loss, damage, claim, injury, or liability that arises out of, or is in any way related to, Dog or former Officer's actions with Dog after the effective date of this Agreement. 5. Former Officer gives up and waives any right he may have on behalf of himself and his heirs, assigns, and successors for any loss, injury, damage, claim, or liability arising out of or in any way related to former Officer's ownership and possession of Dog. 6. This Agreement contains the entire agreement between the parties and no representations have been made by any of the parties or their representative, except as is contained herein and any representations not expressed herein are invalid and unenforceable. This agreement is valid on the effective date and may not be modified thereafter, except in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA MICHAEL HEITMAN KRISTINE RIDGE Former Police Officer City Manager RECOMMENDED FOR APPROVAL: ATTEST: DAVID VALENTIN DAISY GOMEZ Chief of Police Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: amara Bogosian Sr. Assistant City Attorney 554-7