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Home My WebLink About55A - RESO - PD K-9REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 20, 2016 TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE OFFICER MCCARTHY AND THE CITY OF SANTA ANA RELATING TO THE PURCHASE OF A POLICE K-9 {STRATEGIC PLAN GOAL NO. 1, 3A} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 131�►I�1��iF-T�:7 1. Adopt a resolution authorizing the purchase agreement between Santa Ana Police Officer McCarthy and the City of Santa Ana for the purchase of a retired Police K-9. 2. Authorize the City Manager and Clerk of the Council to execute the attached purchase agreement with Santa Ana Police Officer McCarthy for the purchase of his retired Police K-9 in the amount of $1, subject to non -substantive changes approved by the City Attorney and City Manager. DISCUSSION On November 13, 2016, Officer Mike McCarthy was transferred from the K-9 Unit to Patrol. His assigned canine Max is 10 years old, normal retirement age for police service dogs. At his age, it would be impractical to reassign Max to a new canine handler to attend the Basic Handlers Course before being put back in service. During their assignment as a K-9 team, Max has lived with Officer McCarthy for over 6 years. As Max retires, Officer McCarthy wishes to purchase Max for the standard fee of $1. Officer McCarthy will assume ownership and full responsibility for the care, maintenance, food, housing, medical and any other expenses that arise out of Officer McCarty's ownership of Max. It is recommended that the agreement between Officer McCarthy and the City of Santa Ana be approved. 55A-1 Resolution and Agreement for Police Department K-9 December 20, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety - Objective #3 (Promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively). FISCAL IMPACT Funds for this agreement will be deposited into the Police Department's FY 2016-17 miscellaneous reimbursement revenue account (no. 01114002 57402 ). Carlos Rojas Chief of Police Santa Ana Police Department Exhibits: 1. Resolution 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 55A-2 T8 12.20.16 RESOLUTION NO.2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE OFFICER MCCARTHY AND THE CITY OF SANTA ANA RELATING TO THE PURCHASE OF A POLICE K-9 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, Officer Mike McCarthy ("Officer") is a police officer with the City of Santa Ana and is assigned to the Canine Unit as a K-9 officer; and B. WHEREAS, the City assigned a dog named Max to be used in the K-9 program and assigned to Officer; and C. WHEREAS, Max has served the department for several years as a police service dog; and E. WHEREAS, Max is 10 years old, a normal retirement age for police service dogs; and F. WHEREAS, Officer has requested permission to purchase Max; and G. WHEREAS, the City is agreeable to selling Max to Officer due to their relationship. Section 2. The City has declared Max to be surplus property and due to the nature of officer's relationship with Max, the City Council authorizes the City Manager to enter into an Agreement with officer on behalf of the City to sell Max for $1 under terms and conditions acceptable to the City Attorney. Section 3. If any surcharge or fee, 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. Resolution No. 2016 -XXX Page 1 of 2 Exhibit : 0 55A-3 Section 4. 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 December, 2016. Miguel A. Pulido Mayor APPROVED AS TO FORM: So ' R. Carvalho, City Attorney T mara Bogosian Assistant City Attorney AYES: Councilmembers NOES ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016- 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 No. 2016 -XXX Page 2 of 2 55A-4 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT, made and entered into this _ day of December, 2016 by and between the City of Santa Ana (hereinafter "City") and Officer Michael McCarthy ("Officer"), RECITALS A. Officer is a member of the Santa Ana Police Department and was assigned to the K9 Unit as a K9 Handler. B. Officer was, in conjunction with his assignment as a K9 Handler, given the care, custody, and control of a police dog named "Max" (Dog). C. Dog has been specially trained to assist officers in law enforcement tasks to respond to commands issued specifically by the Officer. D. Dog is 10 years old, a normal retirement age for police service dogs. Based upon his 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 Officer for the sum of $1.00. F. Officer wishes to adopt and purchase Dog. It is the City's intent to sell Dog to 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 Officer for the sum of $1.00, payable at the time this contract is executed. Officer shall be the owner of the Dog upon execution of this contract and payment of $1.00. 2. Officer agrees and hereby assumes ownership and fall responsibility for the care, maintenance, food, housing, medical and any and all other expenses that result from or arise out of 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. 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 m Officer's actions with Dog after the effective date of this agreement. Exhibit I 55A-5 5. Officer gives rip 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 Officer's ownership and possession of Dog. 6. This agreements contains the entire agreements 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, MICHAEL McCARTHY Police Officer ATTEST: MARIA HUIZAR Clerk of the Council APPROVE D AS TO FORM: SONIA R. CART/ City Attorney Assistant City Attorney y CITY OF SANTA ANA CARLOSROJAS Chief of Police