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Home My WebLink AboutDocumentation_Regular_Tab 08_8/12/2025 Agenda Item #8. Regular Council STAFF MEMO x Meeting: Regular Council - Aug 14 2025 Staff Contact: Gus Medina, Police Chief Department: Police ffNfflWn RESOLUTION 11-25, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND DIRECTING THE VILLAGE MANAGER TO DONATE SURPLUS PROPERTY IN ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. M. This is a Resolution to donate Tequesta Police Department's retired K9, Erik, to K9 Erik's handler, Michael Loney. Due to age and health reasons, K9 Erik has been retired from service with the Tequesta Police Department. During K9 Erik's service to the Village of Tequesta, Detective Loney has been the only handler of K9 Erik. K9 Erik has passed the age of being an asset to the Village of Tequesta and the Tequesta Police Department. This document and any attachments may be reproduced upon request in an alternative format by completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561- 768-0443. BUDGET • - • BUDGET AMOUNT NA AMOUNT AVAILABLE NA EXPENDITURE AMOUNT: NA FUNDING SOURCES: NA IS THIS A PIGGYBACK: ❑ Yes ❑ N/A DID YOU OBTAIN 3 QUOTES? ❑ Yes ❑ N/A COMMENTS/EXPLANATION ON SELECTIONNA POTENTIAL MOTION - • • Recommend to Pass K9 Donation Page 38 of 313 Agenda Item #8. VILLAGE OF TEQUESTA HOLD HARMLESS AND INDEMNIFICATION AGREEMENT FOR TRANSFER OF OWNERSHIP OF K-9 OFFICER "ERIK" FROM THE VILLAGE OF TEQUESTA TO DETECTIVE MICHAEL LONEY THIS HOLD HARMLESS AND INDEMNIFICATION AGREEMENT FOR TRANSFER OF OWNERSHIP OF K- 9 OFFICER" ERIK" FROM THE VILLAGE OF TEQUESTA TO DETECTIVE MICHAEL LONEY,hereinafter the"Agreement",is entered into and effective tliArd day of July 2025, by and between the VILLAGE OF TEQUESTA, a Florida municipal corporation with offices located at 345 Tequesta Drive,Tequesta,Florida 33469,hereinafter"the Village";and DETECTIVE MICHAEL LONEY,an individual with the Village ofTequesta Pol ice Department,whoseaddress is 933 NW Waterlily PI,Jensen Beach, FL 34957,hereinafter"Loney";and who are collectively referred to herein as"the Parties". WITNESSETH The Parties, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the Parties, hereby agree as follows: .L, TRANSFER OF OWNERSHIP: The Village Council has previously taken action by the adoption of Resolution1125 (attached hereto as Exhibit" A")to declare the Village's police K- 9 Officer "Erik" as surplus property and to authorize the Village Manager to proceed accordingly. As such, the Village hereby transfers ownership of K-9 Officer "Erik" to Loney as of the effective date of this Agreement. Likewise, Loney hereby accepts ownership of K-9 Officer "Erik" as of the effective date of this Agreement. 2. RESPONSIBILITY FOR CARE: Loney accepts full responsibility for all daily care as well as long term care for K-9 Officer"Erik". This shall include, but not be limited to: bathing, grooming, exercise, feeding,veterinary care, medications and kennel maintenance, all as needed, as well as future arrangements for euthanization, funeral and burial; and including all expense and cost associated with all of the above responsibilities. It is agreed by the Parties that K-9 Officer' Erik" will not be used in the future for any type of police work by any agency but rather will be Loney' s personal dog. 3. HOLD HARMLESS AND INDEMNIFICATION: Loney hereby agrees to and in fact does release, waive, and discharge the Village, including the Village' s officers, employees and agents;and covenant not to take any action in law or equity against the Village, including the Village' s officers, employees and agents,regarding any and all known and unknown issues, medical or otherwise, related directly or indirectly to the condition of K-9 Officer Erik" Further, Loney hereby agrees to and in fact does indemnify and hold harmless the Village, including the Village' s officers, employees and agents, from any and all liability for any loss or damage to property, and for any personal injury or death, and for any claims for same which may be made by Loney or by any third party, that may arise directly or indirectly out of Loney' s ownership of K-9 Officer "Erik" or that may arise directly or indirectly from the actions of K-9 Officer "Erik" Page 1 of 3 Page 39 of 313 Agenda Item #8. or that may arise directly or indirectly from the intentional or negligent actions of Loney related to his ownership and care of K-9 Officer 'Erik." Loney hereby agrees to and in fact does assume full responsibility for any risk of bodily injury, death or property damage to himself and his property, due to the actions of K-9 Officer "Erik" and/or the intentional or negligent actions of Loney related to his ownership and care of K-9 Officer 'Erik." It is agreed and understood by the parties that upon the effective date of this Agreement, the Village shall have no further responsibility whatsoever related to the care or the actions of K-9 Officer 'Erik" and that all responsibility therefor which the Village may have previously had shall be solely that of Loney. 4. TERM, TERMINATION: This Agreement shall remain in full force and effect for the entire remaining lifespan of K-9 Officer 'Erik" and until the death and interment of K-9 Officer 'Erik". Upon the death and interment of K-9 Officer" Erik", this Agreement shall automatically terminate. The Parties further agree that this Agreement shall remain in full force and effect until the death and interment of K-9 Officer'Erik"even if Loney subsequently transfers ownership of K-9 Officer 'Erik" to a third party while K-9 Officer 'Erik" is still alive. The Parties further agree that this Agreement shall not be subject to any form of early termination. 5. BINDING AGREEMENT: This Agreement shall be deemed to constitute a contract made and entered into under the laws of the State of Florida, and not a mere recital. This Agreement shall not be filed with a court unless it is necessary to enforce any term or condition of this Agreement. 6. AMENDMENTS &ASSIGNMENTS: This Agreement, and all Exhibits attached hereto, constitutes the entire agreement and understanding between the Parties; no modifications shall be made to this Agreement unless in writing, agreed to by the Parties, and attached hereto as an addendum to this Agreement. IN WITNESS WHEREOF,the Parties hereto have executed this Agreement the date and year first above written. WITNESSES: MICHAEL LONEY, INDIVIDUALLY Date: Page 2 of 3 Page 40 of 313 Agenda Item #8. VILLAGE OF TEQUESTA ATTEST: By: Je y All n, Village Manager Date-- -- Lori McW illi ams,MMC Village Clerk Page 3 of 3 Page 41 of 313 Agenda Item #8. RESOLUTIONI I-25 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, DECLARING CERTAIN PROPERTY TO BE SURPLUS AND DIRECTING THE VILLAGE MANAGER TO DONATE SURPLUS PROPERTY IN ACCORDANCE WITH THE VILLAGE'S ADOPTED PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, The Village Council of the Village of Tequesta, Florida, established procedures for disposing of surplus Village property ; and WHEREAS,the Village of Tequesta owns Police K9 "Erik"; and WHEREAS,the Village Council declares the property to be surplus and the Village Manager to donate the surplus property to Michael Loney in accordance with the Village's adopted procedures; and WHEREAS,the Village finds that this Resolution to be in the best interest of the Village of Tequesta and will advance the purposes of promoting the health, safety, and welfare of the Village. NOW,THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA,FLORIDA,THAT: Section 1; The Village Council of the Village of Tequesta, Florida, hereby declares K9"Erik" to be surplus and directs the Village Manager to donate the surplus property to Michael Loney in a manner consistent with the Village's adopted procedures. Section 2: All resolutions or parts of resolutions in conflict herewith shall be and hereby are-- repealed. Section 3: This Resolution shall take effect immediately upon passage. Page 42 of 313