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Resolution No. 2008-32

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City Council meeting minutes of November 3 2008

RESOLUTION NO. 2008-32

A RESOLUTION of the City Council of the City of Lakewood, Washington, authorizing the conversion to, and sale of Lakewood Police Canine Bo as surplus property of the City of Lakewood.

WHEREAS, Canine Police Service Dog Bo has acted for a reasonable period of time in the capacity of a Police Service Dog; and

WHEREAS, the City of Lakewood Police Service Dog Bo is no longer serviceable as a Police Service Dog; and

WHEREAS, City of Lakewood Police Canine Officer Russ Martin, who has been the Officer assigned as Canine Handler for Police Service Dog Bo to present, has expressed the desire to acquire sole and exclusive ownership of Bo; and

WHEREAS, there is an understanding between Officer Russ Martin and the City of Lakewood that at the conclusion of Bo?s usefulness as a Police Service Dog the City will sell Bo to its Canine Handling Officer Russ Martin and his or her family for the sum of one dollar and no/100 ($1.00).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON HEREBY RESOLVES as follows:

Section 1. The City of Lakewood has determined Canine Bo has reached the end of a reasonable service period and therefore determined that the property status of said canine should be surplussed and should be sold consistent with the understanding between the City and Canine Handlers to Lakewood Police Officer Russ Martin for the amount of one dollar and no/100 ($1.00) upon execution of the sale and waiver agreement as described in Exhibit A attached hereto and incorporated herein by this reference.

Section 2. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation.

Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon.

PASSED by the City Council this 3rd day of November, 2008.

CITY OF LAKEWOOD

Attest: _________________________________ Douglas G. Richardson, Mayor

________________________________

Alice M. Bush, MMC, City Clerk

Approved as to form:

_______________________________

Heidi Ann Wachter, City Attorney

EXHIBIT A

AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND LAKEWOOD POLICE OFFICER RUSS MARTIN FOR SALE OF SURPLUS PROPERTY

THIS AGREEMENT is made and entered into this ____ day of __________, 2008, by and between the City of Lakewood and Russ Martin, as follows:

Russ Martin shall pay to the City of Lakewood one dollar and no/100 ($1.00) for and in consideration of the agreement of the parties for ownership to the Police Service Dog named Bo.

The City of Lakewood shall, upon receipt of said one dollar and no/100 ($1.00) convey to and transfer full ownership of Police Service Dog Bo to Russ Martin.

Russ Martin understands that he is receiving full ownership of this Police Service Dog, that the City of Lakewood is relinquishing all claims to this Police Service Dog, and that from the time of execution of this agreement forward Russ Martin assumes total responsibility for the care, maintenance and action of this Police Service Dog.

Russ Martin further acknowledges that he has been the handler for this Police Service Dog and therefore has special knowledge regarding the level of Police Service Dog training and behavioral attributes of this canine.

Russ Martin, for and in consideration of being sold the above-named Police Service Dog by the City of Lakewood, with the City of Lakewood relinquishing all claims to this Police Service Dog for himself, heirs, successors and assigns, does agree to defend, indemnify and hold the City of Lakewood harmless from and against any and all claims, injuries, damages, losses or suits of any nature whatsoever, including but not limited to attorney?s fees arising out of or in any connection with his use of this Police Service Dog for the duration of the canine?s life.

By signing this agreement Russ Martin acknowledges that Police Service Dog Bo is hereby retired and is not to be released back into police service.

_________________________________ ________________________

Russ Martin, Purchaser Date

_________________________________ ________________________

Bret Farrar, Chief of Police Date

Attest:

________________________________

Alice M. Bush, MMC, City Clerk

Approved as to form:

Andrew E. Neiditz, City Manager

_______________________________

Heidi Ann Wachter, City Attorney