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HomeMy WebLinkAboutPO 7132: TRANSFER OF OWNERSHIP OF POLICE K-9 "REUS" CifV CJf or1 www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 29, 2023 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Timothy W. Duriso, Chief of Police RE: PO 7132—Transfer of ownership of Police K-9 "Reus" Introduction: The intent of this Agenda Item is to seek the City Council's approval for the transfer of ownership of police canine"Reus"to the personal care of LAK9, LLC. Background: "Reus" is a 5-year-old German Shepard that the police department has owned for approximately 4 years and has been under the control of the Port Arthur Police Department during his police career. Reus no longer possesses the required ability to perform his duties. Due to these findings it has been deemed that it would be in the best interest of the police department to transfer the ownership of Reus to LAK9, LLC of Maurice, Louisiana. LAK9 has agreed to take ownership and to personally care for and assume all responsibility and future care and cost associated with K-9 Reus. Budget Impact: The is no budgetary impact for the transfer of ownership. Recommendation: It is recommended that the City Council approve the transfer of ownership of police canine "Reus"to LAK9, LLC of Maurice, Louisiana. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.O. 7132 06/29/2023 JLH ORDINANCE NO. AN ORDINANCE AUTHORIZING THE TRANSFER OF OWNERSHIP OF POLICE CANINE "REUS" TO THE PERSONAL CARE OF LAK9, LLC OF MAURICE, LOUISIANA. WHEREAS, the Police Department has a police canine known as Reus that has been in service for the City of Port Arthur for the past 5 years; and WHEREAS, Reus no longer possesses the required ability to perform his duties; and WHEREAS, the police service dog may be transferred to any person, who will assume all liability, responsibility, and future expenses; and WHEREAS, LAK9, LLC of Maurice, Louisiana, has agreed to take possession of Reus and assume all future expenses and liability involved in the care and maintenance of the canine; and WHEREAS, it is deemed in the best interest of the City to approve the transfer of Reus to LAK9, LLC to personally care for and assume all responsibility and future care and cost of ownership. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1 . That the facts and opinions in the preamble are true and correct . Section 2 . That the City Council of the City of Port Arthur hereby authorizes the transfer of ownership of police canine "Reus" to the personal care of LAK9, LLC who agrees to assume all future responsibility, ownership, cost and care of the canine. Section 3. That LAK9, LLC, shall sign an Indemnification and Hold Harmless Agreement and this ordinance agreeing to the terms therein substantially the same form as Exhibit "A". P.O. 7132 06/29/2023 JLH Section 4 . That a copy of the Ordinance shall be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of, July A. D. , 2023, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers : NOES: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: '7,6td kelv-a/d al Tize o City Attorney P.O. 7132 06/29/2023 JLH APPROVED FOR ADMINISTRATION: Ronald Burton City Manager Timothy W. Duriso Chief of Police AGREED TO: Paul LeBlanc, Manager P.O. 7132 06/29/2023 JLH EXHIBIT "A" INDEMNIFICATION AND HOLD HARMLESS AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF JEFFERSON § That I, (PRINT)Last name First name Middle Initial Suffix(Sr,Jr.,III,etc) have agreed to take ownership of the Port Arthur Police Department's Police Service Dog Reus. The City of Port Arthur has agreed to release ownership of the Police Service Dog to Paul LeBlanc with LAK9, LLC located at 292 W. Etienne Road., Maurice, Louisiana 70555. By City Council Resolution, the Police Service Dog may be transferred to any person who will assume all liability, responsibility,and future expenses.By my signature on this document,I assume all responsibility for any claim whatsoever that may arise out of or in connection with the ownership of the Police Service Dog. I understand said Police Service Dog has been involved in an incident involving a bite or injury to a person resulting from its use. I understand the Police Service Dog is being given to me "as is" without any warranties express,written, or implied. The City of Port Arthur is not responsible for the Police Service Dog's training or ability to perform certain tasks. No allowance will be made on account of any defect, imperfection, or damage to the Police Service Dog. The City of Port Arthur makes no guarantee or warranty of the Police Service Dog's performance,certification, or training. I agree to defend, indemnify, and hold harmless the City of Port Arthur, its elected and appointed officials, employees, and volunteers and others working on behalf of the City of Port Arthur against any and all claims, expenses, damages, demands, liabilities, suits, actions, or judgments, including all costs connected therewith, and for any damages which may be asserted, claimed or recovered against or from the City of Port Arthur, its elected and appointed officials, employees, volunteer, or workers, by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof, which arises out of or is in any way connected or associated with LAK9 LLC, taking ownership of the City of Port Arthur's Police Service Dog. I understand clearly, and with this knowledge I assume whatever risk may accrue to my person. Executed this day of , 2023. Printed Name: Paul LeBlanc, LAK9, LLC Normal Signature: DOB: phone#: Full Address(Number, Street, City, State, Zip): 292 W. Etienne Road., Maurice, Louisiana 70555 DL (State and Number): Email : Paul LeBlanc, LAK9, LLC Affiant SWORN TO AND SUBSCRIBED before me on day of , 2023. Notary Public, State of Texas