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HomeMy WebLinkAboutItem 17 - Resolutions and Agreements for Police Department K-9 Program Police Department www.santa-ana.org/pd Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report February 2, 2021 TOPIC: Resolution and Agreement for Police Department K-9 Program AGENDA TITLE: Adopt a resolution and approve an agreement authorizing Police Officer Shifflett to purchase a retired Santa Ana Police Department K-9, and accepting the donation of a Police K-9, equipment and supplies from Johanna Scillieri for the Police Department’s K-9 Program RECOMMENDED ACTION 1. Adopt a resolution authorizing the purchase agreement between Santa Ana Police Officer Shifflett and the City of Santa Ana for the sale of a retired Santa Ana Police Department K-9, and accepting the donation of a Police K-9, equipment and supplies from Johanna Scillieri for the Santa Ana Police Department’s K-9 Program. 2. Authorize the City Manager to execute a purchase agreement with Santa Ana Police Officer Shifflett 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. Officer Shifflett has worked along his K-9 partner Clyde since 2015. His assigned K-9, Clyde, is nine years old, the average retirement age for police service dogs. At his age and physical condition, it would be impractical to keep him in service as a K-9 team with Officer Shifflett. During their assignment as a K-9 team, Clyde has lived with Officer Resolution and Agreement for Police Department K-9 Program February 2, 2021 Page 2 3 9 5 Shifflett for over five years. As Clyde retires, Officer Shifflett wishes to purchase Clyde for the standard fee of $1. Officer Shifflett will assume ownership and full responsibility for the care, maintenance, food, housing, medical and any other expenses that arise out of Officer Shifflett’s ownership of Clyde. In order to provide a consistent home and care for K-9 Clyde, it is recommended that the agreement between Officer Shifflett and the City of Santa Ana be approved. In addition, Santa Ana Police Department Volunteer Johanna Scillieri, who volunteers in the Investigations Division, and who has a passion for animals and the Santa Ana Police Department’s K9 Program in particular, wishes to donate new K-9 Robbie to replace K-9 Clyde. The total value of a new K-9, equipment and supplies for Robbie is approximately $15,000. Currently, the Santa Ana Police Department Canine Unit has six apprehension canines, a bloodhound and a therapeutic dog. Replacing K-9 Clyde with a new K-9 would maintain the Canine Unit operational status to continue a 7-day week coverage for the City of Santa Ana. FISCAL IMPACT Funds for this agreement will be deposited into FY 2020-21 Police Department Miscellaneous Reimbursement revenue account (no. 01114002 57402). EXHIBIT(S) 1. Resolution 2. Agreement with Officer Shifflett Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager Resolution 2021-xxx Page 1 of 3 TB 2.2.2021 RESOLUTION NO. 2021-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE OFFICER RYAN SHIFFLETT AND THE CITY OF SANTA ANA RELATING TO THE 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, Officer Ryan Shifflett is a current 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 Clyde to be used in the K-9 program and Clyde was assigned to Officer; and C.WHEREAS, Clyde has served the department for five years as a police service dog and Clyde is 9 years old, a normal retirement age for police service dogs. Based upon his age and current physical condition, it would be impractical to keep him in service; and D.WHEREAS, Officer has requested permission to purchase Clyde and the City is agreeable to selling Clyde to Officer due to their relationship as Clyde’s handler; and E.WHEREAS, the Police K-9 program is replacing Clyde with a new donated K-9, Robbie; and F.WHEREAS, community members contribute funding and supplies to enhance the K-9 program, Police Volunteer Johanna Scillieri, whom volunteers up to 30 hours per week in support of the Investigations Bureau at Santa Ana Police Department (“SAPD”), and who has a passion for animals, and the SAPD’s K-9 program in particular, Ms. Scillieri wishes to donate to the City one (1) Police K-9, Robbie, to the Santa Ana Police Department; and G.WHEREAS, Robbie 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 Exhibit 1 Resolution 2021-xxx Page 2 of 3 H. WHEREAS, the total value to purchase Robbie, and the inclusion of the equipment and supplies donated by Ms. Scillieri is approximately $15,000. Section 2. The City has declared Clyde to be surplus property and due to the nature of officer's relationship with Clyde, the City Council authorizes the City Manager to enter into an Agreement with officer on behalf of the City to sell Clyde for $1 under terms and conditions acceptable to the City Attorney. Section 3. The City hereby accepts the donation of Robbie, to its ranks, and the equipment and supplies for this donated K-9. Section 4. 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. 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 February, 2021. Vicente Sarmiento Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Tamara Bogosian Sr. Assistant City Attorney Resolution 2021-xxx Page 3 of 3 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers 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. 2021-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 1 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT, made and entered into this 2nd day of February, 2021 by and between Santa Ana Police Department Officer Ryan Shifflett (“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 as a K-9 Handler in the K9 Unit. B.Officer is, in connection with his assignment as a K9 Handler, given the care, custody, and control of a police dog named “Clyde” (Dog). C.Dog has been specially trained to assist officers in law enforcement tasks and to respond to commands issued specifically by the Officer. D.Dog is 9 years old, a normal retirement age for police dogs. Based on his age and current physical condition, it would be impractical to keep him in service. E.Dog is considered “surplus” property and the Director of Finance has agreed to sell Dog to Officer for the total sum of $1.00. F.Officer wishes to purchase and adopt 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 total 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. Exhibit 2 2 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. ________________________ RYAN SHIFFLETT Police Officer CITY OF SANTA ANA _______________________ KRISTINE RIDGE City Manager RECOMMENDED FOR APPROVAL: ________________________ DAVID VALENTIN Chief of Police ATTEST: _______________________ DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: _______________________ Tamara Bogosian Sr. Assistant City Attorney