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HomeMy WebLinkAbout2013 CON United States Govt - Police Service Dog - Covenant and Indemnity AgreementNOTE TO FILE 12-19-13 IN THE MATTER OF: Resolution of the City Council of the City of National City authorizing the National City Police Department to accept the donation of a police service dog from the United States Government — Naval Special Warfare Group — One (NSWG-1) and authorize Police Department to sign the Indemnity Agree. Please note the following: ONLY A PARTIALLY EXECUTED ORIGINAL INDEMNITY AGREEMENT WAS FILED WITH THE OFFICE OF THE CITY CLERK ORIGINATING DEPARTMENT: CDC Housing & Grants City Attorney _ Human Resources _ City Manager _ MIS Community Svcs. _ Planning _ Engineering X Police Finance Public Works Fire Note: Per Ronni Zengota (Police Dept.), Lt. Tellez said Chad Clement from the U.S. Navy is not available to sign the Agreement since he is deployed. NTF COVENANT NOT TO SUE WITH INDEMNITY AGREEMENT (LEA) PAGE 1 OF2 STATE OF: CALIFORNIA COUNTY OF: SAN DIEGO Know all by these present that the United States Government, has delivered by means of transfer, unto National City Police Department, hereafter referred to as ("RECIPIENT") the following described Multi - Purpose Canine(s), thereafter referred to as ("MPC') to wit MARCO, , MALE, INTACT BELGIAN MALINOIS, DOG, WHELPED 25 NOVEMBER 2010, ELIMINATED FROM THE NAVAL SPECIAL WARFARE GROUP ONE MULTI -PURPOSE CANINE PROGRAM. Recipient hereby stipulates and guarantees that the canine(s) provided under this agreement are being acquired for use by RECIPIENT for the purpose of RETIREMENT. It is hereby agreed by both parties that the adoption of said canine(s) is not being accomplished with the intent that said canine(s) be resold by RECIPIENT to a third party. If RECIPIENT fails to comply with this provision and places the canine(s) provided under this agreement for sale, the RECIPIENT shall reimburse NAVAL SPECIAL WARFARE GROUP -ONE (NSWG-1) for the full market replacement value of the canine(s) provided under this agreement at a rate set by NSWG-1. The NSWG-1 reserves the right to pursue all available legal recourse should RECIPIENT be found to have procured the canines provided under this agreement under false pretenses. Recipient, in consideration of the transfer of above referenced MPC(s), the receipt,of which is hereby acknowledged, does hereby covenant and agree with the United States Government and the executors of administrators, will never institute or in any way aid in the institution of any suit, action at law, or make any claim against the United States Government, Department of Defense, NSWG-1, or any employee or servant thereof, for or by reason of any damage, loss, or injury either to person or property or both or wrongful death, which may be caused directly or indirectly by the above described MPC, however and whenever the same may be caused. And in further consideration of the transfer of said MPC, recipient hereby agrees to indemnity the United States Government, Department of Defense, and NSWG-land any and all services be employed by the Government, the Department of Defense and NSWG-1, through its agents and representatives, that Recipient, or his heirs, assigns, executors of administrators, will never institute or in any way aid in the institution of any suit, action at law, or make any claim against the United States Government, Department of Defense, NSWG-1 or any employee or servant thereof, for or by reason of any damage, loss, or injury either to person or property or both, which may be caused directly or indirectly by the above described canine(s), however and whenever the same maybe caused. And in further consideration of the transfer of said canine(s), Recipient hereby agrees to indemnity and waive any and all future action, both at law and equity, the United States Government, Department of Defense, NSWG- 1, and any and all servants or employees thereof, against any and all claims for injury or damages, compensation or otherwise, which may arise at anytime whatsoever, and which are attributable directly or indirectly to the above described canine(s), or to any training given the above described canine(s) by the United States Government, Department of Defense, or NSWG-1, and to reimburse or make good any loss or damages or cost the United States Government, Department of Defense, NSWG-1, or any servants or employees thereof may have to pay if litigation arises on account of any claims made by Recipient , its successors, or assigns, or by any other party, whatsoever, who may institute any type of claim against the United States Government, Department of Defense, NSWG-1, or against any servant or employee thereof. Recipient further makes the promise that the canine(s) will not be used for any illegal purpose, all in consideration of the transfer of the above described canine(s) to Recipient by the United States Government, the Department of Defense, and NSWG-1, through its agents or representatives' receipt of which is hereby acknowledged. In making this agreement, the Recipient acknowledges that the above mentioned canine(s) HAS RECEIVED NSWG-1 Aggressiveness (Patrol) training, and having such knowledge, said owner, as a condition of being the recipient of the canine, thus freely and voluntarily accepts all risks and consequences of the future conduct and acts of the canine(s). Encl (2) COVENANT NOT TO SUE WITH INDEMNITY AGREEMENT (LEA) on Morrison, Mayor City of National City PROVED AS TO FORM: is Ga ua Silva City Attgrney PAGE 2 OF 2 CW03 CHAD CLEMENT NAVAL SPECIAL WARFARE GROUP ONE, MULTI -PURPOSE CANINE AGENT/REPRESENTATIVE OF THE UNITED STATES GOVERNMENT RESOLUTION NO. 2013 — 163 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE DONATION OF A POLICE SERVICE DOG FROM THE UNITED STATE GOVERNMENT — NAVAL SPECIAL WARFARE GROUP ONE, AND AUTHORIZING THE MAYOR TO EXECUTE A COVENANT NOT TO SUE WITH INDEMNITY AGREEMENT WHEREAS, the United State Government — Naval Special Warfare Group One donated a Police Service Dog to the National City Police Department as part of a partnership that has been fostered over several years between the Police Department's SWAT Team and the U.S. Navy Seals, pending execution of an indemnity agreement; and WHEREAS, the Service Dog is trained in patrol work and in bomb detection, but could not meet the transition standards in a timely manner, as required for sensitive operations; and WHEREAS, the Police Department's independent canine trainer tested the Service Dog and determined the dog is suitable to work as a police canine. The dog is valued at $12,000; and WHEREAS, the donation of the Police Service Dog requires the execution of a Covenant Not To Sue With Indemnity Agreement releasing the United States Government from any liability and includes the City's agreement to not sue the United States Government for any claims related to the Police Service Dog; and WHEREAS, this donation is in compliance with City Council Policy No. 204. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the donation of a Police Service Dog from the United States Government — Naval Special Warfare Group One, and authorizes the Mayor to execute a Covenant Not To Sue With Indemnity Agreement. PASSED and ADOPTED this 5th day of Novem013. ATTEST: it Michael R. Dalla/City Clerk OVE S TO FORM: Cla`:ia Gac. a Silva City Attorne on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on November 5, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California erk of the City �o City y f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-163 of the City of National City, California, passed and adopted by the Council of said City on November 5, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (November 5, 2013 AGENDA ITEM NO. f ITEM TITLE: Resolution of the City Council of the City of National City authorizing the National City Police Department to accept the donation of a police service dog from the United States Government — Naval Special Warfare Group — One (NSWG-1) and authorize police department to sign the indemnity agreement. PREPARED BY: (Jose Tellez, Captain! PHONE: 4513 EXPLANATION: The United States Government — Naval Special Warfare Group — One (NSWG-1) donated olice Service Dog (PSD) to the National City Police Department as part of a partnership that has been fostered over several years between the Police Department's SWAT Team and the US Navy Seals. PSD Marco, a two and a half year old male Belgium Malinois, was trained in patrol work and in bomb detection. For the purposes of the US Navy Seals, PSD Marco could not meet the transition standards in a timely manner, as required for sensitive operations, between patrol work and bomb detection. As a result PSD Marco was released from the US Navy Seals K9 Program and offered to the National City Police Department as a working patrol dog. The police department's independent canine trainer, tested PSD Marco and determined the dog is suitable to work as a police canine for the National City Police Department. Due to the impending )vernment shutdown, the independent trainer took custody of PSD Marco until which time the city rmally accepts the donation. PSD Marco will be assigned a handler and then undergo training specific to police work. Based on the breed, age, and training PSD Marco's estimated value is $12,000. DEPARTMENT: Police APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: ; j I FINAL ADOPTION: j Finance MIS STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ackground Indemnity Agreement Resolution The National City Police Department currently has three K9 Teams, the addition of PSD Marco will only add a fourth team for a short period of time. In January 2014, one of the current dogs will be retired from service. The addition of PSD Marco will allow the police department to maintain three teams in service. Background: Police Service Dogs are assigned to the Patrol Division of the police department. These dogs have specific temperaments needed for street patrol work to perform various tasks including tracking, bomb detection, narcotics detection and suspect apprehension. Police Service Dogs are considered force multipliers for their innate ability to track and focus resources on a specific area during a critical incident. National City Police canines have been very successful tracking not only lost or wanted persons but also tracking stolen articles such as firearms discarded by fleeing suspects. Police Service Dogs are an integral part of police work and serve as a first line of defense in order to minimize the exposure to dangerous situations by officers. These dogs serve as invaluable tool used by police to safeguard our community and reduce crime. COVENANT NOT TO SUE WITH INDEMNITY AGREEMENT (LEA) • PAGE 1 OF 2 STATE OF: CALIFORNIA COUNTY OF: SAN DIEGO Know all by these present that the United States Government, has delivered by means of transfer, unto National City Police Department, hereafter referred to as ("RECIPIENT") the following described Multi - Purpose Canine(s), thereafter referred to as ("MPC") to wit MARCO, , MALE, INTACT BELGIAN MALINOIS, DOG, WHELPED 25 NOVEMBER 2010, ELIMINATED FROM THE NAVAL SPECIAL WARFARE GROUP ONE MULTI -PURPOSE CANINE PROGRAM. Recipient hereby stipulates and guarantees that the canine(s) provided under this agreement are being acquired for use by RECIPIENT for the purpose of RETIREMENT. It is hereby agreed by both parties that the adoption of said canine(s) is not being accomplished with the intent that said canine(s) be resold by RECIPIENT to a third party. If RECIPIENT fails to comply with this provision and places the canine(s) provided under this . agreement for sale, the RECIPIENT shall reimburse NAVAL SPECIAL WARFARE GROUP -ONE (NSWG-1) for the full market replacement value of the canine(s) provided under this agreement at a rate set by NSWG-1. The NSWG-1 reserves the right to pursue all available legal recourse should RECIPIENT be found to have procured the canines provided under this agreement under false pretenses. Recipient, in consideration of the transfer of above referenced MPC(s), the receipt,of which is hereby acknowledged, does hereby covenant and agree with the United States Government and the executors of administrators, will never institute or in any way aid in the institution of any suit, action at law, or make any claim against the United States Government, Department of Defense, NSWG-1, or any employee or servant thereof, for or by reason of any damage, loss, or injury either to person or property or both or wrongful death, which may be caused directly or indirectly by the above described MPC, however and whenever the same may be caused. And in further consideration of the transfer of said MPC, recipient hereby agrees to indemnity the United States Government, Department of Defense, and NSWG-land any and all services be employed by the Government, the Department of Defense and NSWG-1, through its agents and representatives, that Recipient, or his heirs, assigns, executors of administrators, will never institute or in any way aid in the institution of any suit, action at law, or make any claim against the United States Government, Department of Defense, NSWG-1 or any employee or servant thereof, for or by reason of any damage, loss, or injury either to person or property or both, which may be caused directly or indirectly by the above described canine(s), however and whenever the same may be caused. And in further consideration of the transfer of said canine(s), Recipient hereby agrees to indemnity and waive any and all future action, both at law and equity, the United States Government, Department of Defense, NSWG- 1, and any and all servants or employees thereof, against any and all claims for injury or damages, compensation or otherwise, which may arise at anytime whatsoever, and which are attributable directly or indirectly to the above described canine(s), or to any training given the above described canine(s) by the United States Government, Department of Defense, or NSWG-1, and to reimburse or make good any loss or damages or cost the United States Government, Department of Defense, NSWG-1, or any servants or employees thereof may have to pay if litigation arises on account of any claims made by Recipient , its successors, or assigns, or by any other party, whatsoever, who may institute any type of claim against the United States Government, Department of Defense, NSWG-1, or against any servant or employee thereof. Recipient further makes the promise that the canine(s) will not be used for any illegal purpose, all in consideration of the transfer of the above described canine(s) to Recipient by the United States Government, the Department of Defense, and NSWG-1, through its agents or representatives' receipt of which is hereby acknowledged. In making this agreement, the Recipient acknowledges that the above mentioned canine(s) HAS RECEIVED NSWG-1 Aggressiveness (Patrol) training, and having such knowledge, said owner, as a condition of being the recipient of the canine, thus freely and voluntarily accepts all risks and consequence's of the future conduct and acts of the canine(s). Encl (2) COVENANT NOT TO SUE WITH INDEMNITY AGREEMENT (LEA) Jose Tellez, Captain National City Police Dept. 619-336-4513 itellez annationalcitvca.Pov PAGE 2 OF 2 CW03 CHAD CLEMENT NAVAL SPECIAL WAREFARE GROUP ONE, MULTI -PURPOSE CANINE AGENT/REPRESENTATIVE OF THE UNITED STATES GOVERNMENT RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE DONATION OF A POLICE SERVICE DOG FROM THE UNITED STATE GOVERNMENT — NAVAL SPECIAL WARFARE GROUP ONE, AND AUTHORIZING THE MAYOR TO EXECUTE A COVENANT NOT TO SUE WITH INDEMNITY AGREEMENT WHEREAS, the United State Government — Naval Special Warfare Group One donated a Police Service Dog to the National City Police Department as part of a partnership that has been fostered over several years between the Police Department's SWAT Team and the U.S. Navy Seals, pending execution of an indemnity agreement; and WHEREAS, the Service Dog is trained in patrol work and in bomb detection, but could not meet the transition standards in a timely manner, as required for sensitive operations; and WHEREAS, the Police Department's independent canine trainer tested the Service Dog and determined the dog is suitable to work as a police canine. The dog is valued at $12,000; and WHEREAS, the donation of the Police Service Dog requires the execution of a Covenant Not To Sue (With Indemnity Agreement releasing the United States Government from any liability and includes the City's agreement to not sue the United States Government for any claims related to the Police Service Dog; and WHEREAS, this donation is in compliance with City Council Policy No. 204. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the donation of a Police Service Dog from the United States Government — Naval Special Warfare Group One, and authorizes the Mayor to execute a Covenant Not To Sue With Indemnity Agreement. PASSED and ADOPTED this 5th day of November, 2013. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney ziLL0_,e2