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HomeMy WebLinkAboutRes 2022-04-1147 Transfer of Ownership for Police Canine NinjaCITY OF ANNA, TEXAS RESOLUTION NO.h ` t7a ,- C A RESOLUTION OF THE CITY OF ANNA, TEXAS REGARDING THE IDENTIFICATION AND DISPOSAL OF SALVAGE PROPERTY, SPECIFICALLY A RETIRED LAW ENFORCEMENT CANINE; FINDING MUNICIPAL PURPOSES WILL BE SERVED BY SUCH DISPOSAL; AUTHORIZING CITY STAFF DISPOSE OF THE SALVAGE PROPERTY BY ANY LAWFUL MEANS, AND PROVIDING CLAUSES FOR SAVINGS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City Council of Anna, Texas ("City Council") has the power to take, hold, purchase, lease, grant, or convey both real and personal property to carry out the municipal purposes of the City of Anna ("City") under its powers of local self-government; WHEREAS, the City from time to time comes to hold personal property which is no longer essential to the provision of City services as directed by the City Council, such that the property is best classified as salvage property; WHEREAS, the City presently holds "Ninja," a canine trained for law enforcement activities ("Retired Canine"), who has honorably served the Anna Police Department, but due to its age and other factors has been assessed as no longer capable of reliably performing its law enforcement related tasks, such that it is now timely for the City to retire him from service; WHEREAS, when a law enforcement trained animal is no longer necessary for municipal law enforcement in territory served by the Anna Police Department, and which because of use, time, accident, and other causes has become so worn, damaged, or obsolete that it has no value for the purpose for which it was originally intended, and has either depreciated in value to a small fraction of its acquisition price or has negative value in consideration of all associated costs and liabilities, it is identified as "salvage property" of the City; WHEREAS, the City does not presently have facilities or personnel available to properly house and care for the Retired Canine in a manner commensurate to its valuable history of service, and seeks to avoid ongoing expenditures of its municipal funds arising from maintaining ownership of retired service animals; WHEREAS, salvage property of other types is routinely destroyed or discarded by the City as permitted by Texas law, but that is considered an option of last resort in the context of an animal such as the Retired Canine; City of Anna Resolution No. i I'-t''7 Page 1 of 3 WHEREAS, the Retired Canine may have special needs and handling requirements which make it unsuitable as a pet in any household that is unfamiliar with law enforcement canine training methods and its individual history; WHEREAS, the City Council finds that the municipal purposes of the City include the cultivation of goodwill between the City of Anna, its residents, the canine handlers employed by the City, and with other communities through transactions to their mutual benefit, such as by conveyance of City's salvage property in a manner which avoids the necessity of destroying former service animals; and WHEREAS, the Anna Police Department has received a request by one of the Retired Canine's handlers to take ownership and responsibility of the Retired Canine for the rest of its natural life, to be cared for in the same manner as a household pet; WHEREAS, the City Council finds a municipal purpose in transferring ownership of the Retired Canine to a responsible owner who agrees to accept all responsibility for the animal's future care and activities, particularly where the terms of the transaction would allow the City to reclaim the Retired Canine if the City Council later finds that the new owner can no longer humanely care for the animal; WHEREAS, the City Council therefore wishes to use alternative lawful means to dispose of the Retired Canine without resort to euthanizing the animal, and to authorize staff to enter into agreements to accomplish the municipal purposes of the City of Anna; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. Recitals. The recitals above have been found to be hue and correct by the City Council and are incorporated herein as if set forth in full. Section 2. Identification of Salvage Property Owned by the City. The Retired Canine, more specifically described in the attached Exhibit A (incorporated herein for all purposes), is declared by the City to be salvage property. Section 2. Responsibility for Disposal of Salvage Property. The Chief of Police shall be responsible for disposing of the Retired Canine by any lawful means, including but not necessarily limited to conveyance to a public or private entity in exchange for assumption of all duties of care for the animal and/or cash payment under terms acceptable to the City. City staff is authorized to engage in negotiations, agree to terms of sale, Ciry of Anna Resolution No._�� � Page 2 of 3 execute documents on behalf of the City, and take other actions necessary and appropriate to accomplish the conveyance of the Retired Canine in a manner which serves the municipal purposes of the City stated herein. Section 3. Conveyance or Sale of Salvage Property Authorized, The City Council finds the Retired Canine currently has no readily determinable and/or substantial fair market value. City staff is therefore expressly authorized to transfer or sell the property through a public or private conveyance under any terms which, in the discretion of the Chief of Police in consultation with the City Attorney, include: a return benefit to the City; sufficient controls on the transaction to ensure that the public purpose of the City is carried out; and that otherwise complies with the Texas Constitution. The Chief of Police is further authorized to accept conveyance terms which include financial payment to the City which is lower than the highest amounted previously offered for the salvage property (if any), if the Chief of Police finds that the other terms of the sale would better accomplish the municipal purposes of the City and/or enable more timely or efficient use of other City resources. Section 4. Miscellaneous. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this resolution be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said resolution, which shall remain in full force and effect. This resolution shall become immediately effective from and after its passage. PASSED AND APPROVED by the City Council of the City of Anna, 2022. ATTEST: `-�`N`�� OF , /y9%� Carrie Land, City Secretary - aybr T E)( Pike Texas this the day City of Anna Resolution No.�_ Page 3 of 3 CITY OF ANNA, TEXAS APPLICATION AND AGREEMENT TO TAKE OWNERSHIP OF RETIRED CANINE AND RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT The City of Anna ("City'), Texas, has in its possession certain personal property, namely, a police canine which is classified as salvage property, as it has reached the end of its working life and is being retired from service with the Anna Police Department ("Retired Canine"). The City has determined that the Retired Canine is suitable for transfer, after consulting with the veterinarian, handlers, and other caretakers of the Retired Canine. The City plans to dispose of this property by humane means compatible with Texas law, and considers destruction of the canine to be its last resort. Upon receipt of a complete application and agreement and executed Release of Liability and Indemnification Agreement, the Police Chief will consider conveyance of ownership of the Retired Canine subject to the terms set forth below and any conditions imposed by the City Council, APPLICATION AND AGREEMENT TO TAKE OWNERSHIP OF RETIRED CANINE Name of Applicant (Applicant) CoorLfUc9�m �n JJ Address of Applicant (for Notices Regarding j�©c7 FEcan 6rovt, Dr. Application) /`tnnca iT' "l`JWC7r�( Applicant Contact Name P� pr.f �cSc��YnCY� JJ Applicant Contact Phone Applicant Contact Email t G�c�Gy(,irvKaY1 �Annc,7`�c"S. �<>v 77 �' UiJ ftlMq✓1 W1Q 1• Cm7 Name of Canine of Interest Ninja Proposed Dates for Taking Custody Priority for Custody (,7f I am the animal's former handler who medically (Please select most appropriate retired as a result of injuries sustained in the line of duty. category) CITY OF ANNA -ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT I am the parent, child, spouse, or sibling of the animal's former handler if the handler was killed in the line of duty or died from injuries sustained in the line of duty. I am a former handler (not medically retired as a result of injuries sustained in the line of duty). I am a peace officer, county jailer, or telecommunicator other than the animal's handler. I am another person not in any of the above By initialing and signing this application, applicant agrees to be bound by the following requirements: Applicant acknowledges that it will provide all vehicles, material, and labor necessary to load, transport, and unload the Retired Canine. Applicant must load, transport, unload, and treat the Retired Canine using the highest standard of care for safety. Applicant agrees that all loading/unloading/transport activities by applicant are at applicant's own risk. Applicant must agree to accept the Retired Canine "as is° and with all faults without warranty, promise, or representation as to its condition, health, training, behaviors, or other quality. Applicant acknowledges that the City makes no warranties regarding the Retired Canine, expressly including the warranty of fitness for any particular purpose, and that Applicant is expressly assuming all risks, known and unknown, which are associated with ownership, handling, or possession of the Retired Canine, including without limitation the assumption of all risks of bite or other injury or illness to applicant or any third party. City makes no representations to Applicant or any other party regarding the contents, composition, purity, safety, or other condition of the Retired Canine and Applicant releases City from liability for any and all biological or medical hazards of any kind, including but not limited to illnesses or communicable diseases, cep which occur to or arise from the Retired Canine. (_ E� Applicant further and specifically acknowledges, and voluntarily executes, the Release of Liability and Indemnification Agreement (below) and releases the City from all forms of premises liability and all other forms of tort liability, including claims under the Texas Tort Claims Act. LApplicant warrants to the City that ownership of the Retired Canine is not sought for a commercial purpose and that Applicant will maintain ownership of the Retired Canine for the rest of its natural life. CITY OF ANNA -ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT l �(� Applicant warrants that it will humanely care for the Retired Canine, including providing food, shelter, and regular and appropriate veterinary care, including medication, to properly provide for the Retired Canine's health, and, to the extent that the animal's health and other factors will permit, the Retired Canine will be treated in a manner appropriate for valued household pets and in consideration of his/her history of training and service. Applicant warrants that Applicant will comply with all state and local laws applicable to keeping domestic animals. Applicant will timely cooperate with any inspection into the Retired Canine's health, treatment, or living conditions which may be requested by the City. If at any time the City Council makes a finding that the Applicant is no longer able to humanely care for the animal, Applicant agrees that he/she shall promptly transfer custody and ownership of the Retired Canine to the City's designee. Applicant warrants that there will not be a time that Applicant is no longer able to humanely care for the animal and, as such, waives the right to require the City to take possession of the Retired Canine and to require the City to monitor and make findings regarding the humane care of the Retired Canine. Date Received: Staff Review Date: CITY USE ONLY Application #: Staff Reviewer: Complete as received?: YES / NO Deficiencies: APPROVED?:YES / NO Amount approved: NOTICE TO APPLICANT DATE: Approval Date: Pickup date(s): DATE APPLICANT CONFIRMED SCHEDULING: ASSIGNED CITY LIASON: CITY LIASON'S REPORT: (circle one) City Liaison Report Date and Initials: Completed without incident AM See attached narrative report CITY OF ANNA -ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT CITY OF ANNA ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT TYfis Assumption of Risk, Release of Liability, and Indemnification Agreement is entered into by to Mc�rrw C7ocx-M, 3 , the Applicant, for and in consideration of transfer of ownership ir service animal, specifically a police canine (`Retired Canine") depicted in Exhibit A, from the City of Anna, Texas (hereinafter referred to collectively as "City'). This agreement includes, but is not limited to, any acts or events occurring during the course of preparing for, traveling to, participating in, and returning from the City during the loading, transport, and unloading the Retired Canine from City property and also includes all interactions with the Retired Canine by the Applicant or any party interacting with the Retired Canine after the Effective Date set forth below. ASSUMPTION OF RISK APPLICANT AGREES THAT APPLICANT DERIVES A MATERIAL BENEFIT FROM RECEIPT OF PROPERTY FROM THE CITY. BY EXECUTION OF THIS AGREEMENT, APPLICANT AGREES AND ACKNOWLEDGES THAT THE RECEEPT OF THE RETIRED CANINE MAY BE POTENTIALLY HAZARDOUS, AND APPLICANT HEREBY ASSUMES ALL RISKS ASSOCIATED WITH RECEIPT OF THE RETIRED CANINE, INCLUDING, WITHOUT LIMITATION, DAMAGE, OR INJURY WHILE LOADING OR TRANSPORTING THE ANIMAL, THE POTENTIAL FOR A BITE, OR COMMUNICABLE DISEASES AFFECTING EITHER HUMANS OR ANIMALS. FURTHERMORE, APPLICANT EXPRESSLY AND UNCONDITIONALLY ASSUMES ALL RISKS AND DANGERS KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, AND RELATING OR INCIDENTAL TO RECEIPT OF THE RETIRED CANINE FROM THE RELEASED PARTIES (DEFINED BELOW) AND ANY ACTIVITY ASSOCIATED THEREWITH. THIS INCLUDES APPLICANT'S RESPONSIBILTY FOR ANY BITE OR OTHER INJURY CAUSED BY THE RETIRED CANINE FOLLOWING CONVEYANCE TO APPLICANT. RELEASE OF LIABILITY AND INDEMNIFICATION For and in consideration of the opportunity to obtain the Retired Canine from the City, the undersigned applicant does onbehalf ofhimself/herself, and on behalf of all successors, assigned heirs, executors, agents, or other representatives, and administrators (hereinafter referred to collectively as "Applicant') understand and agree to the following: 1. Applicant understands and agrees that the loading, transport, unloading, and use of Retired Canine from the City shall be at its own risk, and that the City, their elected and appointed boards, officials, agents, servants, employees, and officers (collectively 'Released Parties') shall not be liable for any physical injuries or any damage to the Applicant, or for damage to CITY OF ANNA -ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT 4 or loss of employees or property of the Applicant (including without limitation the Retired Canine), whether caused by negligence or other acts or omissions of the Released Parties, including grossly negligent acts to the extent permitted under applicable law, including but not limited to the laws and Constitution of the State of Texas. The Applicant reiterates and agrees that it voluntarily and knowingly releases, holds harmless, and indemnifies the Released Parties from liability for any claim action cause of action, damages, or demand, in law or equity, of every kind or character, on account of personal injury or damage to the Applicant, including without limitation family members, quests, or other persons coming into proximity of the Retired Canine, in any way relating to or arising from the conveyance of ownership from the City or the activities, condition, or behavior of the Retired Canine after the Effective Date. The Applicant specifically releases the Released Parties from all forms of premises liability and all other forms of tort liability, including claims under the Texas Tort Claims Act, which might arise from the subject matter of this Agreement. The Applicant hereby releases and forever discharges, holds harmless, and indemnifies the Released Parties from any claim, lawsuit, or other attempt to recover damages for any injuries whatsoever relating to any first -aid treatment or other medical services rendered in connection with an emergency during the Applicant's presence on the City's premises for the purpose of loading and transporting the Retired Canine from City premises. 3. The Applicant agrees that it assumes responsibility for the actions of its employees, guests, and all other representatives in connection with the loading, transport, unloading, and use of the Retired Canine. The Applicant further agrees that it bears sole responsibility for providing appropriate and sufficient housing, food, and medical care forthe Retired Canine in perpetuity. 4. The Applicant expressly agrees that this agreement is intended to be as broad and inclusive as permitted by the laws of the State of Texas in the United States of America, and that this agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. The Applicant agrees that in the event any clause or provision of this agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this agreement which shall continue to be enforceable. For any action arising from the content of this document or relating to its subject matter, the parties agree that exclusive venue shall lie in the courts of Collin County, Texas. The Applicant agrees that it is solely responsible for notification of all its insurance carriers and any other affected party regarding any provisions of this agreement affecting their interests, and to the extent that any companion documents, notifications, waivers, and/or releases are necessary to implement this agreement, the Applicant is solely responsible for drafting, distributing, and collecting such materials. 6. The undersigned warrants and represents that the signature set forth below constitutes the Applicant's acceptance of the terms of this Agreement. The undersigned has been provided an opportunity to consult with the legal counsel of applicant's own selection prior to signing. CITY OF ANNA -ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT The Applicant acknowledges that this agreement constitutes the entire understanding and agreement between the Applicant and City concerning the transfer of ownership of the Retired Canine, and the undersigned acknowledges that this agreement cannot be changed without a writing signed by the authorized agent for the City. The Applicant further acknowledges that this agreement and transfer does not, as provided by law, waive sovereign or governmental immunity to suit and from liability of the City in transferring the Retired Canine, 9. This Agreement and the release of liability contained herein shall remain enforceable by the City regarding any claims arising from or relating to the Applicant's application in perpetuity. 10. The Effective Date of this Agreement shall be the date signed by the City's designated representative below. 11. The execution of this Agreement is agreed by Applicant and City to convey all ownership interests and associated responsibilities, including legal duties and liabilities, associated with the Retired Canine to Applicant, and all such matters are deemed to be transferred immediately upon the Applicant's taking custody of the animal at any time on or after the Effective Date. I CERTIFY THAT I HAVE CAREFULLY READ AND FULLY UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO THE TERMS AND CONDITIONS STATED THEREIN. SIGNED BY APPLICANT: L Printed Name: Date Signed: APPROVED BY CITY: Printed Name/Title: Date Signed: Jim Proce City Manager April 26, 2022 CITY OF ANNA -ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT