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AGREEMENT TO TRANSFER OWNERSHIP OF K-9 ENZO BY WAY OF ADOPTION TO OFFICER MICHAEL CIESLAKAGREEMENT TO TRANSFER OWNERSHIP OF K -9 ENZO BY WAY OF ADOPTION TO OFFICER MICHAEL CIESLAK This Agreement is made and entered into between the City of Clearwater, Florida, hereinafter the "City," and Officer Michael Cieslak. WHEREAS, K -9 Enzo has health - related issues that have debilitated him to the extent that he can no longer perform, and thus, will be of no use to the city, to any other police department, or to any security agency; and WHEREAS, it would be impossible for anyone to gain the knowledge and compatibility that was gained by the handler /canine team during approximately five years of canine work; and WHEREAS, K -9 Enzo is a certified police canine trained to apprehend suspects and will not make a good pet for anyone; and WHEREAS, K -9 Enzo is handler sensitive and will respond poorly to another individual (he has been partnered with Officer Cieslak for approximately five years and is clearly set in his ways; he will not allow anyone else to handle him; and he is a one handler dog, as police canines are trained to be); and WHEREAS, K -9 Enzo is equipment orientated and will become aggressive to anyone else holding or touching what he perceives to be his equipment, including his leash, water and food bowls, collar, or kennel; and WHEREAS, K -9 Enzo has worked for the police department for approximately five years; and WHEREAS, K -9 Enzo clearly has earned his retirement with the handler that has taken care of him throughout his career and should be resting at home; and WHEREAS, the only alternative to placement of K -9 Enzo is euthanasia; and WHEREAS, Section 2.624(1), Code of Clearwater, authorizes the City Manager to dispense with the bidding requirements for the disposal of surplus property and to dispose of the property as the City Manager deems necessary when the value of the property does not exceed $500.00. Moreover, Section 2.624(3), Code of Clearwater, authorizes the City to dispense with the bidding requirements and to dispose of the property as deemed necessary when the item can be sold or otherwise disposed of through only one source. NOW THEREFORE, in consideration of the promises contained in the Agreement, the parties agree as follows: 1. The City agrees to transfer ownership of K -9 Enzo to Officer Michael Cieslak by way of adoption. 2. Officer Michael Cieslak agrees to assume ownership and all responsibility for the care of K -9 Enzo. 3. Officer Michael Cieslak agrees to indemnify and hold the City harmless from any and all claims, suits, judgments, and liability for death, personal injury, or property damage attributable to the dog's actions occurring after the Agreement is executed by both parties, including legal fees, court costs, and other legal expenses. 4. The transfer is effective upon the execution of this Agreement by both parties. Approved as to form: -�..>L Robert J. S rette Assistant • y Attorney CITY OF CLEARWATER, FLORIDA By: W William B. Horne, II City Manager Attest: V Rosemarie Call City Clerk OFFICER MICHAEL CIESLAK O i er Mic hael Cieslak gA/A Date