2022-053 - Authorizing a Transfer of Surplus Police Department Canine, Cupa, to his officer-handler Jeff PadierRESOLUTION NO. 2022 - 053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AUTHORIZING THE TRANSFER OF SURPLUS POLICE DEPARTMENT
CANINE, CUPA, TO HIS OFFICER -HANDLER JEFF PADIER IN ACCORDANCE
WITH TEXAS GOVERNMENT CODE 614.212-216; APPROVING A
CONTRACT REGARDING SAME AND AUTHORIZING THE CITY MANAGER
TO EXECUTE SAID CONTRACT; MAKING OTHER FINDINGS AND
PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on or about September 16, 2016, the Department acquired Cupa, a law
enforcement trained canine for duty as a drug detection and patrol dog, and,
WHEREAS, Cupa was trained alongside the Officer, who has been Cupa's handler
throughout Cupa's entire distinguished career with the Department; and
WHEREAS the Chief of Police has determined that Cupa is suitable and eligible for
retirement, and
WHEREAS, Texas Government Code Section 614.212 authorizes the governing body
of a state agency or political subdivision to enter into a contract, governed by Section
614.214, with a person for the transfer of a law enforcement animal that has been
determined by the applicable head of a law enforcement agency to be suitable for transfer
and surplus to the needs of the agency because the animal is at the end of the animal's
working life; and
WHEREAS, the Officer has cared for Cupa throughout his training up until the
present day and has the desire and capability to care for Cupa in a humane manner; and
WHEREAS, the City Council of the City of Paris hereby approves the transfer of Cupa
to Officer Padier in accordance to the Contract for Transfer of Service Animal attached
hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in
all things approved.
Section 2. That Canine Officer Cupa shall be transferred to the care of Officer Padier
in accordance to the Contract for Transfer of Service Animal attached hereto as Exhibit A
and incorporated herein by reference.
Section 3. That the City Manager is hereby authorized to execute said Contract for
Transfer of Service Animal on behalf of the city.
Section 3. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 25th day of July, 2022.
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CONTRACT FOR TRANSFER OF SERVICE ANIMAL
This Contract for Transfer of Service Animal ("Contract") is by and between the City
of Paris, Texas (the "City") on behalf of the Paris Police Department (the "Department") and
Ofc. Jeffrey Padier ("Officer") pursuant to Texas Government Code Section 614.214.
WHEREAS, on or about September 16, 2016, the Department acquired Cupa, a law
enforcement trained canine for duty as a drug detection and patrol dog; and
WHEREAS, Cupa was trained alongside the Officer, who has been Cupa's handler
throughout Cupa's entire distinguished career with the Department; and
WHEREAS, the Chief of Police has determined that Cupa is suitable and eligible for
retirement; and
WHEREAS, Texas Government Code Section 614.212 authorizes the governing body
of a state agency or political subdivision to enter into a contract, governed by Section
614.214, with a person for the transfer of a law enforcement animal that has been
determined by the applicable head of a law enforcement agency to be suitable for transfer
and surplus to the needs of the agency because the animal is at the end of the animal's
working life; and
WHEREAS, the Officer has cared for Cupa throughout his training up until the present
day and has the desire and capability to care for Cupa in a humane manner;
NOW, THEREFORE, the parties hereto agree as follows:
Duties of the City and Department:
• The City and Department hereby transfer ownership of the law enforcement dog Cupa
to the Officer without charge.
• The City and Department shall take possession of the animal upon receipt of
notification or upon determination of the City Council that the Officer is no longer able
to humanely care for him.
Duties of the Officer:
The Officer shall:
EXHIBIT -k
• Humanely care for the animal, including providing food, shelter, and
regular and appropriate veterinary care, including medication, to properly
provide for the animal's health;
• Comply with all state and local laws applicable to keeping domestic animals;
and
• Notify the applicable state agency or political subdivision if the Officer is no
longer able to humanely care for the animal.
• Surrender the animal to the Department if the Officer is no longer able to
humanely care for the animal, whether determined by the Officer or by the City
Council.
Additional Terms:
The Officer acknowledges that pursuant to Texas Government Code Section 614.215,
neither the Department nor the City are liable for any damages arising from the transfer,
including damages arising from the animal's law enforcement training and that the
Department and the City are not liable for the veterinary expenses of the transferred animal,
including expenses associated with care for a condition of the animal that existed before or
at the time of transfer regardless of whether the Department or the City was aware of the
condition.
Signed on this day of July, 2022.
City of Paris, Texas
By:
Grayson Path, City Manager
Ofc. Jeffrey Padier
BEFORE ME, the undersigned authority, on this day personally appeared Grayson Path, City
Manager of the City of Paris, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of July, 2022.
Notary Public, State of Texas
BEFORE ME, the undersigned authority, on this day personally appeared Jeffrey Padier
known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ day of July, 2022.
Notary Public, State of Texas