HomeMy WebLinkAboutAgenda Report - May 3, 2023 C-12CITY OF
�? azf�
C A L I F O R N I A
AGENDA ITEM C1, 12
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt a Resolution Authorizing City Manager to Execute A Donation, Waiver of Liability,
and Hold Harmless Agreement for Receipt of Surplus Canine and Bomb Detection
Training Aids from the Lodi Police Canine Association, a California Nonprofit Corporation.
MEETING DATE: May 3, 2023
PREPARED BY: Chief of Police
RECOMMENDED ACTION- Adopt a Resolution Authorizing City Manager to Execute A Donation,
Waiver of Liability, and Hold Harmless Agreement for Receipt of Surplus
Canine and Bomb Detection Training Aids from the Lodi Police Canine
Association, a California Nonprofit Corporation.
BACKGROUND INFORMATION: The Lodi Police Department ("LPD") maintains a K-9 Unit that, when fully
staffed, consists of four handler/dog teams. Currently, the LPD K-9 Unit
has two dual-purpose canines trained for apprehension and narcotics
detection and a third canine that is qualified for narcotics detection only. Following the retirement of a canine
inJanuary 2023, the K-9 Unit has one vacancy, which it desires to fill with an explosives and firearms -detection -
trained canine
Funding to purchase a replacement canine to fill the vacancy in the K-9 Unit was reallocated from LPD's Fiscal
Year 2022/2023 budget before the canine retirement was anticipated. Additionally, no additional monies were
allotted in the current budget cycle for the purchase of a replacement canine in Fiscal Year 2023/2024. Therefore,
LPD does not currently have budgeted funds to purchase a canine to fill the vacancy
Offer to Donate Trained Canine to Fill Vacancy
LPD was approached by Scott Kunz of GSG Learning Institute, Inc. ("GSG"), a private corporation located in
Lodi that provides security services with the use of trained canines regarding surplus property that it wanted to
donate to the LPD K-9 Unit. Mr. Kunz indicated that GSG had a five year-old male Dutch Shepard named "Joe"
that was trained in explosives and firearms detection ("Canine") and related bomb scent training aids ("Training
Aids") (collectively "Donations") that was no longer required for its operations.
LPD K-9 Unit members met with Mr. Kunz and vetted the Canine to determine if the City should accept the
donated Canine. This process included a review for compliance with LPD's standards for temperament,
sociability, and ability to overcome environmental distractions. The Canine was also tested in explosives and
firearms detection, where he demonstrated the ability to pass a certification test. Lastly, Sergeant Shaw and
Corporal LaRue reviewed the Canine's available health records and found no indication of any conditions that
APPROVED.fftt5
1Api2r,20231fA7rD.T'• ^
Stephen Schwabauer, City Manager
Adopt a Resolution to Execute an Agreement To Accept Police Canine from Lodi Police Canine Association,
May 3, 2023
Page 2
might preclude him from serving as a law enforcement explosives and firearms detection canine. Therefore, the
K-9 Unit members determined the Canine was an acceptable candidate for filling the vacancy.
Donation Process and Agreement with the Associations
The Lodi Police Canine Association is a California nonprofit corporation comprised of current and former LRD K-
9 handlers dedicated to supporting the LPD K-9 Unit ("Association"). The Association offered to accept the
Donations from GSG and facilitate the transfer of the Canine and Training Aids to the City. The Association now
desires to transfer ownership of the Canine and Training Aids to the City for the benefit of the LPD K-9 Unit in
consideration for City's waiver of liability and hold harmless of the Association in connection its ownership or
possession of the Donations.
Accepting the donated Canine and training aids would fill the K-9 Unit vacancy and save the City more than
$35,000. This savings calculation is based on the funds needed to purchase and train a suitable and equivalent
canine and the included training aids, which are valued as follows:
$15,000- Purchase of canine (untrained- "green" dog)
$ 5,700 - Bomb Scent training aids (Scentlogix "Dirty Dozen")
$ 11,340 -Approximate nine-month training period to pass certification (based on training four times a
month for four hours per session, the current employee cost of $315.00 x 36 trainings)
$ 6, 142 -Care of the canine before certification and deployment in a patrol setting.
Based on the positive review of the Canine and the cost savings that the Donations will offer the City, LPD would
like to proceed with accepting the Donations. The proposed Donation, Waiver of Liability, and Hold Harmless
Agreement will allow the Association to transfer ownership of the Canine and Training Aids to the City for use by
the LPD K-9 Unit in consideration for the City holding the Association harmless for any and all liability that may
be associated with the Donations. Therefore, LPD is requesting the City Council adopt the attached Resolution
authorizing the City Manager to execute a Donation, Waiver of Liability and Hold Harmless Agreement for
Receipt of Surplus Canine and Bomb Detection Training Aids between the City of Lodi and the Lodi Police
Canine Association,
FISCAL IMPACT: The Canine and Training Aids have been donated; therefore, the only
funding required will be for the ongoing care of the Canine.
FUNDING AVAILABLE: Police Operations -K9 Supplies — 10032000.72346
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
Sierra Brucia
Chief of Police
Signature: Q r X&9bj
Email: akeys@lodi.gov
DONATION, WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT FOR SURPLUS
CANINE AND BOMB DETECTION TRAINING AIDS BETWEEN CITY OF LODI AND LODI
POLICE CANINE ASSOCIATION
This Donation, Waiver of Liability and Hold Harmless Agreement for Surplus Canine
and Bomb Detection Training Aids ("Agreement"), is made and entered into this day of
May, 2023, by and between the City of Lodi, a municipal corporation ("City"), and the Lodi
Police Canine Association, a California nonprofit corporation ("Association"). City and
Association may each be referred to herein as "Party" or collectively as the "Parties."
RECITALS
This Agreement is made with regard to the following recitals:
A. The Association desires to divest itself of both ownership and vicarious or direct
liability associated with the possession and use of a five (5) year-old male Dutch Shepard named
"Joe" ("Canine") and related bomb detection training aids (collectively "Training Aids") formerly
owned by GSG Learning Institute, Inc. ("GSG");
B. The Canine was designated by GSG as a surplus canine for purposes of
disposition, and it was donated to the Association along with the Training Aids.
C. Parties acknowledge that members of the City Police Department K9 Unit
inspected the Canine and determined that he met all necessary qualifications to fit into the City
program.
D. City wishes to assume ownership and take possession of the Canine in its current
.,as is" condition, without any warranties or representations by Association or GSG as to its
functionality.
E. City wishes to assume ownership and take possession of the Training Aids in their
current "as is" condition, without any warranties or representations by Association or GSG as to
functionality.
F. In consideration for the transfer of ownership of the Canine and Training Aids from
Association to City, and City's acceptance of the same, City makes assurances as set forth
below.
AGREEMENT
NOW, THEREFORE, in consideration of this Agreement, the Parties hereto agree as
follows:
1. Association agrees to relinquish all rights, title and ownership interest in the Canine and
the Training Aids to City and to cooperate in the execution of any and all documents necessary
to effectuate the transfer of ownership.
2. City agrees to assume ownership of the Canine and Training Aids, and any and all risks,
including but not limited to risk of injury or death to third persons, and to hold Association, its
ownership, and its employees and/or agents or volunteers harmless from any and all liability,
claims, administrative proceedings or other responsibility whatsoever arising from any injuries or
damages that may occur on or after the date ownership of the Canine and Training Aids is
transferred to City pursuant to this Agreement. That date is hereby fixed by agreement by and
among the Parties hereto as being May ----, 2023, hereinafter the "Transfer Date".
3. City further agrees to assume all liability for risks and dangers relating to ownership and
use of the Canine and Training Aids after the Transfer Date, and to indemnify and hold
Association, its ownership, and its employees and/or agents or volunteers harmless in the event
that any legal or administrative action, whether by claim, demand or otherwise, is made by any
person or entity as a consequence of or arising out of any event, act or disturbance involving the
Canine or Training Aids on or after the Transfer Date. The aforementioned hold harmless
provisions shall extend to any direct or vicarious liability arising from any and all losses, liabilities,
charges (including reasonable attorney fees and court costs), and any other expenses
whatsoever which may arise in any manner after the Transfer Date.
4. This Agreement shall be governed by the laws of the State of California and venue for
any action brought hereunder shall be with the San Joaquin County Superior Court.
5. In the event of any dispute between the Parties arises under or regarding this Agreement,
the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees
from the party who does not prevail as determined by the court having jurisdiction over thereof.
6. The invalidity in whole or in pan of any provision of this Agreement shall not void or affect
the validity of any other provision of this Agreement.
7. This Agreement represents the entire and integrated agreement between City and
Association and supersedes all prior negotiations, representations, or agreement, either oral or
written.
8. This Agreement may be amended only by written instrument signed by City and
Association.
9. The undersigned hereby represent and warrant that they are authorized by the parties
they purport to represent to execute this Agreement.
[Signatures appear on the next page.]
IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed in San
Joaquin County, California, on the date first stated above.
CITY OF LODI, a municipal corporation
D. STEPHEN SCHWABAUER
City Manager
ATTEST:
OLIVIA NASHED
City Clerk
APPROVED AS TO FORM:
B:
JANICE D. MAGDICH a
City Attorney `
Lodi Police Canine Association, a
California nonprofit corporation
RYAN LA RUE
President
RESOLUTION NO. 2023-85
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE A DONATION, WAIVER OF LIABILITY, AND
HOLD HARMLESS AGREEMENT FOR RECEIPT OF SURPLUS CANINE AND
BOMB DETECTION TRAINING AIDS FROM THE LODI POLICE CANINE
ASSOCIATION, A CALIFORNIA NONPROFIT CORPORATION
WHEREAS, the Lodi Police Department ("Department") maintains a K-9 Unit that, when
fully staffed, consists of four handler/dog teams; and
WHEREAS, in January 2023, the Department retired a canine, which created a vacancy
that the Department desires to fill with an explosives and firearms detection trained canine; and
WHEREAS, Scott Kunz, of GSG Learning Institute, Inc. ("GSG"), donated surplus
property consisting of: a five-year-old male Dutch Shepard named "Joe" that is trained in
explosives and firearms detection ("Canine"), along with bomb scent training aids, to the Lodi
Police Canine Association, a California nonprofit corporation ("Association"); and
WHEREAS, K-9 Unit members have vetted the Canine for temperament, sociability and
the ability to overcome environmental distractions, the ability to detect explosives and firearms,
and reviewed his health history and records; and
WHEREAS, the K-9 Unit members determined the Canine met the Department's
standards and that he did not have any health conditions that might preclude him from serving
as a law enforcement explosives and firearms detection canine; and
WHEREAS, the Association desires to transfer all ownership and possessory interest in
the Canine and related training aids to the Department in consideration for the release of the
Association from any and all related liability, and the Department desires to accept the Canine
to fill its vacancy in the K-9 Unit.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a Donation, Waiver of Liability and Hold Harmless
Agreement for Receipt of Surplus Canine and Bomb Detection Training Aids between the City
of Lodi and Lodi Police Canine Association, a California nonprofit corporation; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to
make minor revisions to the above -referenced document(s) that do not alter the compensation
or term, and to make clerical corrections as necessary.
Date: May 3, 2023
I hereby certify that Resolution No. 2023-85 was passed and adopted by the Lodi City
Council in a regular meeting held May 3, 2023, by the following vote:
AYES: COUNCIL MEMBERS — Bregman, Craig, Nakanishi, Yepez, and
Mayor Hothi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
06w����
OLIVIA NASHED
City Clerk
2023-85