A G R E E M E N T
This Agreement is made and entered into this _____ day of ____________________, 2023 between the City of Orange, a municipal corporation, hereinafter referred to as “City”, and Damon T. Allen, an individual, hereinafter referred to as “Allen.”
WITNESSETH:
WHEREAS, City owns a German Shepard Dog, commonly known as “Danto” (Danto), which has served the City for five years as a member of the Orange Police Department K9 Team; and
WHEREAS, Danto has been trained to aid in the appr ehension of criminal suspects and could be dangerous to others if not placed in the care of a trainer. For the safety of Danto and the public it is preferable that he remains in the hands of the person and family that have been providing his care and training; and
WHEREAS, Allen is a trained Canine Officer employed by the City of Orange Police Department, and is an experienced dog handler; and
WHEREAS, Allen is specifically familiar with Danto, inasmuch as the animal has lived with Allen and his family for five years when Allen was the dog’s handler; and
WHEREAS, the City desires to relieve itself of the expense of providing care for the animal, and Allen desires to acquire ownership and assume complete responsibility for Danto.
NOW, THEREFORE, IT IS HEREBY AGR EED BETWEEN THE CITY AND ALLEN AS FOLLOWS:
1. The City and Allen agree that Danto has been trained to perform certain Police work and that the dog has, in fact, performed such services for the Orange Police Department for five years.
2. The City and Allen agree that Danto, due to reassignment of Canine Officer Allen, has reached the end of his service duty.
3. Allen agrees to assume full responsibility for the reasonable care, feeding, and medical attention for Danto, at his own expense.
4. Allen agrees to hold harmless and shall defend the City against any and all claims and suits, regardless of the nature, alleging physical injury and/or property damage resulting from the acts of Danto, after he acquires ownership.
5. Allen agrees that if ownership is transferred to him, he shall not transfer his ownership to any other person. If Allen, for any reason, becomes unwilling or unable to provide reasonable care, feeding, and medical attention, Allen shall cause Danto to be humanely destroyed.
2 6. The City has determined Danto to be surplus to the City’s needs and without monetary value due to the potential liability exposure to the City, and as such, cannot be sold in accordance with City Surplus Property Disposition Laws.
7. The City hereby transfers to Allen all rights and interest which it has in Danto.
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the year and day first written above.
“ALLEN” “CITY”
DAMON T. ALLEN, an individual CITY OF ORANGE, a municipal corporation
By: By:
Printed Name: Daniel R. Slater, Mayor
ATTEST:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Nathalie Adourian, Senior Assistant City Attorney
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