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Resolution No. 2011-08

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Amended 6-20-11

RESOLUTION NO. 2011-08

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

WHEREAS,   Canine Roger was donated was donated to the Lakewood Police Department to be trained as a canine service dog; and 

WHEREAS,   it has been determined that Roger is not suitable for use as a Canine Service Dog; and

WHEREAS, Officer Maysonet who has been assigned as Canine Police Service Dog Roger’s handler  has expressed the desire to acquire sole and exclusive ownership of  Roger; and

WHEREAS, there is an understanding between Officer Oscar Maysonet Paul Osness and the City of Lakewood that at the conclusion of Roger’s usefulness as a Police Service Dog the City will sell Roger to its Canine Handling Officer Oscar Maysonet Paul Osness and his 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 Roger is not suitable for continued training and use as a police service dog 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 Oscar Maysonet Paul Osness 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 day of , 2011. 

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 OSCAR MAYSONET PAUL OSNESS FOR SALE OF SURPLUS PROPERTY 

THIS AGREEMENT is made and entered into this ____ day of __________, 2011, by and between the City of Lakewood and Oscar Maysonet Paul Osness, as follows:

Oscar Maysonet Paul Osness 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 Roger. 

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 Roger to Oscar Maysonet Paul Osness.

Oscar Maysonet Paul Osness 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 Oscar Maysonet Paul Osness assumes total responsibility for the care, maintenance and action of this Police Service Dog. 

Oscar Maysonet Paul Osness 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.

Oscar Maysonet Paul Osness, 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 Oscar Maysonet Paul Osness acknowledges that Police Service Dog Roger is hereby unsuitable as a police dog and is not to be released back into police service. 

_________________________________                              ________________________

Oscar Maysonet Paul Osness, Purchaser                                  Date

_________________________________                              ________________________

Bret Farrar, Chief of Police                                                        Date

Attest:

________________________________

Alice M. Bush, MMC, City Clerk

Approved as to form:

_______________________________

Heidi Ann Wachter, City Attorney