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Home My WebLink About55F - RESO RETIRED K9 PURCHASEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: ADOPT A RESOLUTION AUTHORIZING POLICE OFFICER GALEANA TO PURCHASE A RETIRED SANTA ANA POLICE K-9 {STRATEGIC PLAN NO. 1, 3A} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ C�Zi7►111�1�1q�iC� /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution authorizing the purchase agreement between Santa Ana Police Officer Galeana and the City of Santa Ana for the sale of a retired Santa Ana Police K-9. 2. Authorize the City Manager to execute the attached purchase agreement with Santa Ana Police Officer Galeana for the sale of a 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 1, 2019, Officer Luis Galeana will graduate from the K-9 Handlers Basic Course with his new assigned police service dog. His assigned canine Puskas is ten years old, the average retirement age for police service dogs. At his age, it would be impractical to keep him in service. During their assignment as a K-9 team, Puskas has lived with Officer Galeana for over four years. As Puskas retires, Officer Galeana wishes to purchase Puskas for the standard fee of $1. Officer Galeana will assume ownership and full responsibility for the care, maintenance, food, housing, medical and any other expenses that arise out of Officer Galeana's ownership of Puskas. In order to provide a consistent home and care for K-9 Puskas, it is recommended that the agreement (Exhibit 2) between Officer Galeana and the City of Santa Ana, and the attached resolution (Exhibit 1) authorizing the agreement, be approved. 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). 55F-1 Resolution and Agreement for Police Department K-9 October 15, 2019 Page 2 FISCAL IMPACT Funds for this agreement will be deposited into the Police Department's FY 2019-20 miscellaneous reimbursement revenue account (no. 01114002 57402). David Valentin Chief of Police Santa Ana Police Department Exhibits: 1. Resolution 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 55F-2 Exhibit 1 TB 10.15.19 RESOLUTION NO. 2019-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE OFFICER GALEANA 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 Luis Galeana ("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 Puskas to be used in the K-9 program and assigned to Officer; and C. WHEREAS, Puskas has served the department for several years as a police service dog; and D. WHEREAS, Puskas is 10 years old, a normal retirement age for police service dogs; and E. WHEREAS, Officer has requested permission to purchase Puskas; F. WHEREAS, the City is agreeable to selling Puskas to Officer due to their relationship. Section 2. The City has declared Puskas to be surplus property and due to the nature of officer's relationship with Puskas, the City Council authorizes the City Manager to enter into an Agreement with officer on behalf of the City to sell Puskas 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 2019-xxx Page 1 of 55F-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 October, 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Soni . CarvJiUalho, City Attorney By: A-, - tamb'ra'AYgb&ian Assistant City Attorney AYES: Councilmembers NOES: Council ABSTAIN: Councilmembers NOT PRESENT: Councilmembe CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-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 2019-xxx Page 2 of 2 55F-4 Exhibit 2 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT, made and entered into this 15th day of October, 2019 by and between Officer Luis Galeana ("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 is 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 "Puskas" (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 keep Dog in service. E. Dog is considered "surplus" property and the Director of Finance has agreed to sell Dog to Officer for the sum of $ l .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 (late of this Agreement. Officer agrees to del'end, indemnify and hold lun•mless the City and its ofliccrs, employees, representatives, rtul 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 elleclive date of This Agreement. 55F-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 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. �AL=- EUIS GALEANA Police Officer RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police APPROVED AS TO FORM: SONIA R. CARVALHO City omey By. MC:��-� Tamara Bogosian Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager ATTEST: DAISY GOMEZ Clerk of the Council 55F-6