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Res. No. 056-07-12441WHEREAS, the parties recognize that Justice is trained to work exclusively and loyally for fon-ner Officer Kiely; and WHEREAS, Justice was assigned to former Officer Kiely, who has established a relationship with the dog and who wishes to assume responsibility for the care and maintenance of the animal should any of the events identified in Section 2.1 of this agreement occur; and WHEREAS, Justice and Kiely have developed a bond that cannot be transferred to another; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OFT E CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is authorized to enter into an agreement with former K-9 Officer Michael Kiely to purchase and assume full liability, care and maintenance for K-9 Justice for the sum of $ 1.00 should any of the events identified in Section 2.1 of this agreement occur. 11"MI FIT, mt Agenda Item # - To: The Honorable Mayor Feliu and Members of the © Commission Via: Yvonne S. McKinley, City Manager 2 <+ m: Vincent A. Landis, Chief of Police INEW16392KIA Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH FORMER K-9 OFFICER MICHAEL KIELY TO PURCHASE AND ASSUME FULL LIABILITY FOR K-9 JUSTICE FOR © SUM OF $1.00; PROVIDING Request- The attached Resolution, ©« Summary Report and K-9 Agreement is to authorize ®- © Manager to enter into an agreement with former K-9 Officer Michael Kiely to purchase and assume full liability for K-9 < Jtce for the sum of $1.0 #. Reason /Need- . « -9 w< ? ?»m. w is trained to Work exclusively and loyally with former K-9 $2 ?-r< »a l Kiely. He has established a relationship with the dog and wishes to assume responsibility for the care and maintenance of ©. animal. K-9 Justice and K-9 Officer Kiely have developed _bend that cannot be transferred to another officer. Cost: $ %0. Funding Source: N/ WITNESSETH: WHEREAS, Kiely, was a canine officer with the city's police department and provided services with the assistance of a trained police dog, Justice; and WHEREAS, the parties recognize that Justice is trained to work exclusively and loyally for Kiely; and WHEREAS, Justice was assigned to Kiely, a K-9 ofricer, who has established a relationship with his dog and who wishes to assume responsibility for the care and maintenance of the animal should any of the events identified in section 2.1 occur; and 1.1 The above Whereas clauses are incorporated and made part of this contract. Section 2. Scope o_ Services and Payment 2.1 Should Kiely or Justice leave the employ of the city's police department for any reason, including but not limited to, injury, disability, retirement or transfer, all right, title and interest to Justice shall transfer from the City of South Miami Police Department 'to Kiely. Should Kiely die while in the city's employ, the title to Justice shall transfer to Kiely's heirs. "I "tI -r---JLUJ-v 1 1 f - I 2.3 Kiely shall indemnify and hold the city harmless from any and all claims, suits, actions, damages or causes of action arising from any action by Justice after title transfers to Kiely pursuant to section. 2.1. Kiely will be reasonable for interalia attorney's fees, for any personal injury, loss of life, or damages to person or property sustained by reason of, or as result or, the acts of the dog Justice. Page 2 of 3 2.4 In consideratio of the love and affection Kiely has for Justice and Kiely promise to undertake the care, liability, expense and maintenance of Justice and all other responsibilities associated with the ownership of justice from the date identified at section 2.1 forward, the City of South Miami Police Dept. does transfer all right, title and interest to Kiely in the following described property. Section 3. 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. and Attorney's Fees 4.1 The city does not waive sovereign immunity for any claim breach of contract or for an award of prejudgement interest; provided however, that in any action arising out of or to enforce this contract, the prevailing party shall be entitled to its reasonable attorney's fees and costs. Section 5. Notices 5.1 All notices given or requ red under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses 1.. Keily 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. Seve rability 6.1 Should paragraph ► any part of any paragraph of this contract be render " t i shall not render void, invalid or unenforceable any other section or part of any section of this contract. Section 7. Entire o' tract 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 term,� City of SouthMiami Police Department XILTYYII 1-11irlU"I'lly-i TO Yvonne <y 6 Wcy, City Manager CA ROM: in A andis, Of Polk HPATE: 22M 7 i 07 �, I '.T- M m I o U Molv Police Department TO: Chief V. Landis', Via Chain of Command FROM: Cmdr. D'Angelo, Uniform Patrol Division DATE: 3/21/07 SUBJECT: K-9 Justice I Ofc. Denis was integrally *involved in the training of K-9 Justice from the onset • his career as a police dog. He states that he has always exhibited this temperament and there has always been a concern for his overly aggressive behavior dating back to when Ofc. Kiely was first assigned to work with the dog. ��IIFIRIIIIFIRIIII 11901 ITI IRTIIIIIIII I I iIII I III �I I 1111111, 1111 � III 1 11 11 1 1111111 I I -- I - 1111101411! 1 K-9 Justice has 5 recorded bites. 3 of which were properly applied bites 'in the apprehension of criminal subjects (street bites), 2 of these bites were accidental bites of non criminal subjects (mal bites): )IIi- In September of 2004 he bit a 5 year old girl at S.M. Middle during ? contest to name the dog. > In October of 2006 he bit a Coral Gables Police K-9 handler that was working an operation with Ofc. Kiely at the Port of Miamii. After the evaluation as well as in depth discussions with Ofe. Denis, the retention and reassignment of K-9 Justice may be more of a potential liability than benefit to tht�- agency. CITY OF SOUTH MIAMI