HomeMy WebLinkAboutHEITMANN, MICHAEL (SANTA ANA POLICE OFFICER)c, t\�I%'&\IISURANCE
WO K MAY PROCEED A-2020-197
�! CLERK GP COUNCIL
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PURCHASE AGREElYIENT
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 chatter city and municipal corporation organized and
existing tinder 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 "Pepper" (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.
A-2020-197
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 patties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
MICHAEL HEITMAN
Former Police Officer
FOR APPROVAL:
DAV ALENTI
ief of Police
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
1 `/1
Timara Bogosian
Sr. Assistant City Attorney
Crr Y OF SANTA AI`vA
R STINE RIDGE
City Manager
ATTEST:
1=
DAISY GOMEZ '-•�
Clerk of the Council