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AGREEMENT TO TRANSFER OWNERSHIP OF K-9 MAJOR BY WAY OF ADOPTION TO SERGEANT MICHAEL SPITALERIAGREEMENT TO TRANSFER OWNERSHIP OF K -9 Major BY WAY OF ADOPTION TO Sergeant Michael Spitaleri This Agreement is made and entered into between the City of Clearwater, Florida, hereinafter the "City," and Sergeant Michael Spitaleri. WHEREAS, K -9 Major is at retirement age and has health - related issues that have debilitated him to the point where can no longer perform, and he 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 Major is a certified police canine trained to apprehend suspects and will not make a good pet for anyone; and WHEREAS, K -9 Major is handler sensitive and will respond poorly to another individual; and WHEREAS, K -9 Major has worked for the police department for approximately five years; and WHEREAS, K -9 Major 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 Major 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 Major to Sergeant Spitaleri by way of adoption. 2. Sergeant Spitaleri agrees to assume ownership and all responsibility for the care of K -9 Major. 3. Sergeant Spitaleri 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. CITY OF CLEARWATER, FLORIDA By: Approved as to form: Robert purette Assistan City Attorney Attest: William B. Horne, II City Manager K, Rosemarie Call City Clerk Sergeant Michael Spitaleri Sergeant Michael Spitaleri 4Ji,I Dat Is