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_BdAdd-on Item (d) City Commission Meeting: 3/20/12 RESOLUTION NO.: _________ --.;S~po~nsored by Vice Mayor Liebman 2 3 A Resolution authorizing the City Manager to enter into an agreement with 4 Officer Agustin Castro to purchase and assume full liability for K-9 Bono for the 5 sum of one dollar ($1.00). 6 7 WHEREAS, Officer Castro is a K-9 officer with the city's police department and provided 8 services with the assistance of a trained police dog, Bono; and 9 10 WHEREAS, Officer Castro and his K-9 partner have served the police department 11 honorably for six (6) years in the Patrol Division, but due to K-9 Bono's progressive medical 12 condition that restricts him from further active duty, Officer Castro has recommended that the 13 dog be retired; and 14 15 WHEREAS, it is the recommendation his Command Staff to allow Officer Castro to 16 purchase and assume full care for the dog for the sum of one dollar ($1.00), thereby relieving 17 the City from any further liability and costs. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 20 CITY OF SOUTH MIAMI, flORIDA THAT: 21 22 Section 1. The City Manager is authorized to enter into an agreement with Officer 23 Agustin Castro to purchase and assume full liability, car and maintenance for K-9 Bono 24 for the sum of $1.00. 25 26 Section 2. This Resolution shall take effect immediately upon adoption. 27 28 29 30 31 PASSED AND ADOPTED this ___________ 2012. 32 ATTEST: 33 34 35 City Clerk 36 37 READ AND APPROVED AS TO FORM, 38 LANGUAGE, LEGALITY AND 39 EXECUTION THEREOF: 40 41 42 City Attorney 43 APPROVED: Mayor COMMISSION VOTE: Mayor Vice-Mayor Stoddard: Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: POLICE K-9 ASSUMPTION AGREEMENT THIS AGREEMENT dated this dayof __ , 2012 between the City of South Miami, ("city") and Officer Agustin Castro of the South Miami Police Department. WITNESSETH: WHEREAS, Officer Agustin Castro, is a canine officer with the city's police department and has provided services with the assistance of a trained police dog, Bono; and WHEREAS, the parties recognize that K-9 Bono has served honorably, along with his handler, Officer Castro for the past six (6) years in the Uniform Patrol Division; and WHEREAS, K-9 Bono has become too infirmed to continue serving as a dual purpose dog (patrol searches and narcotics) in the Patrol Division, according to his veterinarian, therefore his handler, Officer Castro has recommended that his partner, K-9 Bono be retired; and WHEREAS, K-9 Bono was assigned to Officer Castro, a K-9 officer, who has established a relationship with his dog and who wishes to assume responsibility for the care and maintenance of the animal should any ofthe events identified in section 2.1 occur; and NOW THEREFORE, in consideration of the sum of $1.00; the mutual promises and covenants contained in this contract, and for other good and valuable consideration, the receipt and legal sufficiency of which is acknowledge by both parties, the parties agree as follows: Section 1. Whereas Clauses 1.1 The above Whereas clauses are incorporated and made part ofthis contract. Section 2. Scope of Services and Payment. 2.1 All right, title and interest to K-9 Bono shall transfer from the City of South Miami Police Department to Officer Agustin Castro upon the signing of this Agreement and Officer Castro shall become exclusively responsible for feeding, medical treatments, and/or daily care of K-9 Bono. 2.2 Officer Castro shall be responsible for any personal injury, loss of life, or damages to person(s) or property sustained by reason of, or as result of, the acts of the dog, Bono. Officer Castro shall indemnify and hold the city harmless from any and all claims, suits, actions, damages or causes of action arising from any action by K-9 Bono after title transfers to Officer Castro pursuant to section 2.1. 2.3 In consideration of the love and affection Officer Castro has for Bono, Officer Castro promises to undertake the care, liability, expense and maintenance of Bono and all other responsibilities associated with the ownership of Bono from the date identified at section 2.1 forward. 2.4 The City of South Miami Police Department does hereby transfer to Officer Castro all of the City's right, title and interest in and to the police trained K-9 known as Bono. Section3. Jurisdiction and Venue 3.1 For the purpose of this contract, Florida law shall govern the terms of this contract. Venue shall be in Miami-Dade County, Florida. Section 4. Sovereign Immunity 4.1 The city does not waive sovereign immunity. Section 5. Notices 5.1 All notices given or required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of Officer Castro and to the city specified in this contract, unless either party shall specify to the other party a different address for the giving of the notices. Section 6. Severability 6.1 Should any paragraph or any part of any paragraph of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other section or part of any section of this contract. Section 7. Entire Contract 7.1 The contract, when signed by all the parties, constitutes the full and complete understanding and contract of all parties and may not be in any manner interpreted or fulfilled in contradiction of its express terms. This contract and the incorporated attachments constitute the entire understanding between the parties and the integrates by its terms all previous contracts or understandings, oral or written, between the parties. In the event of any conflict, the terms of this contract will govern over the provisions of any incorporated documents. IN WITNESS WHEREOF, the parties hereto, acting through their duly authorized officers, have executed this contract as of the date first above written. ATTESTED By: ________________ __ By: Maria M. Menendez City Clerk --------------------Orlando Martinez de Castro Chief of Police Approved as to Form, Language, Legality and Execution: By: _______________ __ Thomas Pepe, Esq. City Attorney CITY OF SOUTH MIAMI By: __________ ------__ Dr. Hector Mirabile City Manager By: _________________ _ Officer Agustin Castro TO: FROM: DATE: SUBJECT: City of South Miami Police Department INTER-OFFICE MEMORANDUM Orlando Martinez de Castro Chief of P~liCV 0 M@~ March 15, 2012 Officer Agustin CastrolK-9 Bono Chief as you well know K-9 Bono has been having medical problems for the last few months. During this time our vetenarian recommended that we restrict K-9 Bono from performing any rigorous police duties such as: area searches, any type of bite work, subject apprehension and chases. Due to the fact that K-9 Bono could not work up to full capacity, he was restricted to only be used for only narcotic searches, which was approved by the vetenarian. On Tuesday, March 13,2012, I was informed by K-9 Officer Agustin Castro that he had to take K-9 Bono to the Miami Veterinarian Specialist emergency room due to convulsions that he was having. On Wednesday, March 14,2012, I spoke with Dr. Beatrix Nanai, DVM, from Miami Veterinary Specialist. She advised me that she recommended that K-9 Bono, due to his current medical problems and his age (8 yrs. 11 months) should be retired from active police duty (see attached email). The email confirmed that K-9 Bono will likely have more seizures in the future at un predictable times and with unpredictable frequency. His neurological problem may progress. He is also on anti-convulsion medication which can alter his behavior causing drowsiness and lethargy. At this time in light of the above medical evaluation and assessment by Dr. Nanai, I unfortunately and with a heavy heart recommend that we officially retire K-9 Bono. On Wednesday, March 14, 2012, I received a memo from K-9 Officer Agustin Castro requesting that K-9 Bono be retired into his care at which time he will solely be responsible for taking care of the dog and at which time will relieve the city from any further liability and cost. K-9 Bono has served this police department honorably with his partner Officer Castro for six (6) years and as any handler can tell you he and his family have become very attached to the dog. I would request at this time that K-9 Bono be retired into the care of Officer Agustin Castro.