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04-03-07 Item 14South Miami ; I- Amedcac i CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 Agenda Item # _ To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Managell"61 From: Vincent A. Landis, Chief of Police Date: April 3, 2007 Subject: Agreement for K -9 Justice 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 THE SUM OF $1.00; PROVIDING FOR AN EFFECTIVE DATE. Request: The attached Resolution, K -9 Summary Report and K -9 Agreement is to authorize 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 the sum of $1.00. Reason /Need: K -9 Justice is trained to work exclusively and loyally with former K -9 Officer Michael Kiely. He has established a relationship with the dog and wishes to assume responsibility for the care and maintenance of the animal. K -9 Justice and K -9 Officer Kiely have developed a bond that cannot be transferred to another officer. Cost: $ -0- Funding Source: N/A Backup Documentation: Draft Resolution, K -9 Summary Report & K -9 Agreement RESOLUTION NO. A RESOLUTION OF THE MAYOR AND THE 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 THE SUM OF $1.00; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, former Officer Michael Kiely was a K -9 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 former 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 OF THE 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. Section 2. This resolution shall take effect immediately upon execution. PASSED AND ADOPTED this day of 2007. ATTEST: APPROVED: CITY CLERK MAYOR Commission Voter READ AND APPROVED AS TO FORM: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: CITY ATTORNEY Commissioner Birts: Commissioner Beckman: K- 9 AGREEMENT K- 9 AGREEMENT THIS AGREEMENT dated this day of _,20 between the City of South Miami,( "city ") and Michael Kiely ( "Kiely "). 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 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 of the events identified in section 2.1 occur; and WHEREAS, Justice and Kiely have developed a bond that cannot be transferred to another officer. Page 1 of 3 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 of this contract. Section 2. Scope of 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. 2.2. Should the events identified in section 2.1 occur, Kiely shall become K- 9 AGREEMENT exclusively responsible for feeding, medical treatment, and /or daily care of Justice 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 inter alzza 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 consideration 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. One police trained K -9 known as Justice 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 required under this contract shall be deemed sufficient if sent by certified mail, return receipt requested, to the addresses of 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. 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 K- 9 AGREEMENT Page 3 of 3 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 contracts of the date first above written. CITY OF SOUTH MIAMI By: Yvonne S. McKinley City Manager By: Vincent A. Landis Chief of Police By: Michael Kiely ATTEST: Maria M. Menendez City Clerk Approved as to form: City Attorney City of South Miami Police Department INTEL- OFFICE MEMORANDUM TO: Yvonne cKinley, City Manager FROM: Vin t A. Landis Chief of Police DATE: 22 March 07 SUBJECT: K -9 Officer Kiely Due to the resignation of K -9 Officer M. Kiely, a determination had to be made concerning the continued use of his K -9 partner Justice. I contacted the City of Miami Police Department and requested their assistance in evaluating K -9 Justice's ability to be re- trained with a new handler. On 21 March 2007 Sergeant Monroe and Senior Trainer Officer O. Denis of the City of Miami Police Department K -9 Unit met with Commander M. D'Angelo and Officer M. Kiely, to conduct the evaluation. Their professional opinion is that K -9 Justice is extremely aggressive and not suitable for re- training with a new handler. I had Commander D'Angelo document that meeting and his memorandum is attached for your review. Additionally, I spoke to Officer Denis this date and he further advised me that if we keep K -9 Justice the City of Miami Police Department would not allow K -9 Justice to participate in their upcoming class. In light of the evaluation of K -9 Justice and the potential for liability to the City of South Miami it is my recommendation that we give the dog to Officer Kiely. City of South Miami Police Department INTEROFFICE MEMORANDUM TO: Chief V. Landis, Via Chain of Command PROM: Cmdr. D'Angelo Uniform Patrol Division aro��-- DATE: 3/21/07 SUBJECT: K -9 Justice I�lip 04 �1 Pursuant to Ofc. M. Kiely's resignation from the South Miami Police Department (effective 3/23/07) an evaluation of K -9 Justice was scheduled. This was necessary in order to have a qualified professional. Police K -9 handler determine the feasibility of K -9 Justice acclimating to another officer as his handler. Ofc. Denis; senior K -9 trainer for the City of Miami Police Department, along with Sgt. Monroe; supervisor of the City of Miami Police Department K -9 Unit were utilized to conduct evaluations of K -9 Justice. On `Wednesday March 21, 2007 Ofc. Kiely and I met with the evaluators at Palmer Park. Ofc. Denis's professional evaluation of the dog provided the following findings: ➢ Although the dog is an experienced police K -9 and a strong and healthy dog he possesses an unusually high level of aggression. ➢ Due to K -9 Justice's temperament, he has developed into what K -9 handlers refer to as a "one man dog ". The likelihood of him accepting another officer as his handler is not probable. The risks of his aggressive nature leading to the potential injury of other officers or trainers are extremely high. ➢ The K -9's unsociable behavior could make hire a constant risk for loss of control with a handler in a public /crowded setting. Ofc. Denis was integrally involved in the training of K -9 Justice from the onset of 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. Historically, there are some issues that fin-ther substantiate Ofc. Denis's concerns: 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): ➢ In September of 2004 he bit a 5 year old girl at S.M. Middle during a contest to name the dog. ➢ In October of 2005 he bit a Coral. Gables Police K -9 handler that was working an operation with Ofc. Kiely at the Port of Miami:. After the evaluation as well as in depth discussions with Ofc. Denis, the retention and reassignment of K -9 Justice may be more of a potential liability than benefit to the agency.