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Resolution No. 2013-09

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RESOLUTION NO. 2013-09

 

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

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

WHEREAS,   the City of Lakewood Police Service Dog Phelan is no longer serviceable as a Police Service Dog for the City because of his additional training in marijuana detection, and in the passage of Initiative 502, his utility to the City of Lakewood has been diminished; and

WHEREAS,   the Department of Corrections has a need for a canine that can detect marijuana for use at corrections facilities where possession of all controlled substances, legal or otherwise, is prohibited; and

WHEREAS, there is an understanding between the Department of Corrections and the City of Lakewood that due to the conclusion of Phelan’s usefulness as a Police Service Dog the City will sell Phelan to the Department of Corrections 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.        Canine Phelan be and hereby is declared to be surplus property of the City of Lakewood.

Section 2.        The City Manager, or designee, is authorized to sell Phelan to the Department of Corrections for the amount of one dollar and no/100 ($1.00) and execute any and all appropriate documentation to effectuate such sale.

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 June, 2013.

Attest:                                                                        

_________________________________                                                                                                                    

Don Anderson, Mayor

________________________________     

Alice M. Bush, MMC, City Clerk

Approved as to form:

_______________________________

Matthew S. Kaser, Acting City Attorney

AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE DEPARTMENT OF CORRECTIONS FOR SALE OF SURPLUS PROPERTY

THIS AGREEMENT is made and entered into this ____ day of __________, 2013, by and between the City of Lakewood and the Department of Corrections, as follows:

The Department of Corrections 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 Phelan.

The City of Lakewood shall, upon receipt of said one dollar and no/100 ($1.00) conveys to and transfer full ownership of Police Service Dog Phelan to the Department of Corrections.

The Department of Corrections understands that it 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 the Department of Corrections assumes total responsibility for the care, maintenance and action of this Police Service Dog.

The Department of Corrections further acknowledges that it has a handler who is familiar with this Police Service Dog training and behavioral attributes of this canine.

The Department of Corrections, 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, does agree to defend, indemnify and hold the City of Lakewood, its employees, officers and assigns 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 its use of this Police Service Dog for the duration of the canine’s life.

By signing this agreement the Department of Corrections acknowledges that Police Service Dog Phelan is hereby retired and is not to be released back into police service although it may be used for any purpose deemed appropriate by its new owners, the Department of Corrections.

_________________________________                              ________________________

Gary Manning,                                                                                     Date

Contracts Administrator for DOC                                            

CITY OF LAKEWOOD

_________________________________                              ________________________

Bret Farrar, Chief of Police                                                      Date

________________________________                               

Heidi A. Wachter, Interim, City Manager

Attest:                                                                                      Approved as to form: 

___________________________                                          ________________________________  

Alice M. Bush, MMC, City Clerk                                                  Matthew S. Kaser, Acting City Attorney