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Home My WebLink About55A - RESO K-9 SALEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: A RESOLUTION AUTHORIZING RETIRED POLICE OFFICER SAUNDERS TO PURCHASE A RETIRED SANTA ANA POLICE K-9 {STRATEGIC PLAN GOAL NO. 1, 3A} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1S1 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the purchase agreement between retired Santa Ana Police Officer Saunders and the City of Santa Ana for the sale of a retired Santa Ana Police K-9. 2. Authorize the City Manager and Clerk agreement with retired Santa Ana Police Police K-9 in the amount of $1, subject Attorney and City Manager. DISCUSSION of the Council to execute the attached purchase Officer Saunders for the sale of a retired Santa Ana to non -substantive changes approved by the City On February 7, 2018, Officer Randy Saunders, after serving for 26 years, retired from the Santa Ana Police Department after being assigned to the K-9 Unit. His assigned canine, Renzo, is ten years old, the average retirement age for police service dogs. At Renzo's age, it would be impractical to reassign Renzo 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, Renzo has lived with Officer Saunders for over seven years. As Renzo retires, Officer Saunders wishes to purchase Renzo for the standard fee of $1. Officer Saunders will assume ownership and full responsibility for the care, maintenance, food, housing, medical and any other expenses that arise out of Officer Saunders' ownership of Renzo. It is recommended that the agreement between Retired Officer Saunders and the City of Santa Ana be approved. 55A-1 Resolution and Agreement for Police Department K-9 February 20, 2018 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 forthis agreement will be deposited into the Police Department's FY 2017-18 miscellaneous reimbursement revenue account (no. 01114002 57402). Dav' in Acting 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 Exhibit 1 RESOLUTION NO. 2018-xxx TB 1.16.18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE OFFICER SAUNDERS 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 herebyfinds, determines and declares as follows: A. WHEREAS, Officer Randy Saunders ("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 Renzo to be used in the K-9 program and assigned to Officer; and C. WHEREAS, Renzo has served the department for several years as a police service dog; and D. WHEREAS, Renzo is 10 years old, a normal retirement age for police service dogs; and E. WHEREAS, Officer has requested permission to purchase Renzo; and F. WHEREAS, the City is agreeable to selling Renzo to Officer due to their relationship. Section 2. The City has declared Renzo to be surplus property and due to the nature of officer's relationship with Renzo, the City Council authorizes the City Manager to enter into an Agreement with officer on behalf of the City to sell Renzo 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 2018-xxx Page 1 of 2 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 January, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carval o, City Attorney By: Ta ara Bogosian Assistant City Attorney AYES: Councilme NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution 2018-xxx Page 2 of 2 Clerk of the Council City of Santa Ana 55A-4 Exhibit 2 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT, made and entered into this 20th day of February, 2018 by and between Officer Randy Saunders ("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. 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 "Reno" (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 full 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 or Officer's actions with Dog after the effective date of this Agreement. 1 55A-5 5. 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 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. RANDY SAUNDERS Police Officer FOR APPROVAL: DAVID VALENTIN Acting Chief of Police APPROVED AS TO FORINT: SONIA R. CARVALHO Assistant City Attorney CITY OF SANTA ANA RAUL GODINEZ II City Manager ATTEST: MARIA HUIZAR Clerk of the Council 2 55A-6