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Home My WebLink About2632 City of New Smyrna Beach - Transfer of K-9 NorisPOLICE K-9 TRANSFER OF OWNERSHIP AGREEMENT THIS AGREEMENT is made and entered into this.22"�day of Aor4- , 2025, by and between the City of New Smyrna Beach, Florida, a Florida municipal corporation (hereinafter referred to as the "Transferor City"), and the City of Sanford, Florida, a Florida municipal corporation (hereinafter referred to as the "Receiving City") RECITALS WHEREAS, the Transferor City is the legal owner of a police K-9 known as Noris, a German Shepard, date of birth May 4, 2021, formerly assigned to the New Smyrna Beach Police Department; and WHEREAS, the former K-9 handler resigned from his position with the City to accept employment with another law enforcement agency; and WHEREAS, the New Smyrna Beach Police Department (NSBPD) currently lacks any officers who meet the minimum qualifications required to serve as a certified K-9 handler; and WHEREAS, the K-9 was previously placed in the temporary care of the Receiving City's law enforcement agency, Sanford Police Department, on July 17, 2025, for evaluation and use; and WHEREAS, the Receiving City desires to formally accept ownership and assume all responsibility for the K-9 as a municipal asset after the date of execution of this Agreement; and WHEREAS, the governing bodies of both municipalities have approved this permanent transfer of ownership; NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties agree as follows: 1. TRANSFER OF OWNERSHIP Effective as of the date of this Agreement, the Transferor City hereby transfers all rights, title, and interest in and to the police K-9 identified as Noris (hereinafter, the "K-9") to the Receiving City. The K-9 shall be considered municipal property and an asset of the Receiving City upon execution of this Agreement. 2. ACCEPTANCE BY RECEIVING CITY The Receiving City hereby accepts full ownership, custody, and control of the K-9. The Receiving City acknowledges that it has previously evaluated the K-9's health, temperament, and training and deems the K-9 suitable for continued use in law enforcement operations. 3. AS -IS CONDITION The K-9 is transferred in "as -is" condition, without any warranties or guarantees, express or implied, including but not limited to warranties of fitness for a particular purpose or merchantability. The Receiving City acknowledges and accepts the K-9's condition based on its prior evaluation and use. 4. LIABILITY AND RELEASE Upon execution of this Agreement, the Receiving City assumes all responsibility and liability for the K-9, including all costs related to its care, training, maintenance, and deployment. The Receiving City agrees to release, defend, indemnify, and hold harmless the Transferor City, its elected officials, officers, agents, and employees from and against any and all claims, damages, liabilities, or costs arising out of or related to the K-9 after the date of transfer. The Transferor City has disclosed all negative information known to it with regard to the K-9's health or temperament. 5. RECORDS The Transferor City agrees to provide all available medical, training, and deployment records related to the K-9 to the Receiving City upon execution of this Agreement. 6. CONTINGENCY ON COMMISSION APPROVAL This Agreement shall be contingent upon both Parties obtaining their respective Commission's written approval of the transfer of the K-9. No rights or obligations under this Agreement shall be effective or binding unless and until such approvals have been received. In the event that one of the parties does not receive Commission approval then the K9 will be immediately returned to the Transferor City. 7. GOVERNING LAW AND VENUE This Agreement shall be governed by the laws of the State of Florida. Venue for any disputes arising under this Agreement shall lie in Volusia County. 8. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes any prior agreements, understandings, or representations. Any amendments or modifications must be in writing and signed by both parties. 9. SEVERABILITY If any provision of this Agreement is found to be invalid, illegal, or unenforceable under applicable law, including the laws of the State of Florida, such provision shall be severed and the remaining provisions shall continue in full force and effect. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. SIGNATURES TRANSFEROR CITY CITY OF N Is N B A �,LOR` A By: ` Fred E. Cleveland, May r ATT ' By: Q11r Sha"Taylor- HardingV, Interim Ci Cler STATE OF FLORIDA COUNTY OF VOLUSIA The foregoing instrument was ackn?v;ledged before me by means of ❑ physical presence or ❑ online notarization, this day of �AVC P4A , 2025, by Fred E. Cleveland, as Mayor of the City of New Smyrna Beach, Florida, Oho is personally known to me or has produced as identification. (Signature of Notary Public) F^ (Print Name of Notary) Commission No.. eE e. HUFFmAN My Commission Expires: Commission # HH 327470 ''so•: �,o�: Expires November 23, 2026 RECEIVING CITY CITY OF SANFOGI(D, By: s .A Art Woodruff, Mayor ATTEST: By: Taci Houchin, City Clerk STATE OF FLORIDA COUNTY OF VOLUSIA 53 The foregoing instrument w&s acknowledged before me by means of C"physical presence or 11 online notarization, this /ay of , 2025, by Art Woodruf, as Mayor of the City of Sanford, Florida, who is 1ersonally known to me or has produced as identification. (Signature of Notary Publ' (Print Name of Notary) UM �wt�_ Commission No.: Notaryrut4c StatMy Commission Expires: AN-VC40M*HH2432j7 � �` E*rs 5/2V=6, APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Date: t12?1.zo.25 arrie Avallone City Attorney ifndsav' . Greene `City Att ney for the City of Sanford (1) Agreement between the City of New Smyrna Beach and the City of Sanford CITY OF J w J"•,(� WS _ RM x 0 SkNFORD U FLORIDA Item No. "o, CITY COMMISSION MEMORANDUM 25.183.B AUGUST 11, 2025, AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Dawn Chambers SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Agreement between the City of New Smyrna Beach, Florida and the City of Sanford, Florida to transfer ownership of the Police K-9 Noris to Sanford's Police Department SYNOPSIS: Requesting to approve an agreement between the City of New Smyrna Beach and the City of Sanford to transfer ownership of Police K-9 dog, Noris to the City of Sanford. FISCAL/STAFFING STATEMENT: There is no cost for the transfer, however, there will be future costs for care and maintenance of the K-9. BACKGROUND: The K-9 handler with the City of New Smyrna Beach has vacated his position, thus creating an opportunity for the City of Sanford to receive the benefit of adding K9 Officer Noris to the City of Sanford's Police Department. The K-9 has temporarily been in the care of the City of Sanford, since July 17, 2025. According to the agreement, the New Smyrna Beach Police Department (NSBPD) currently lacks officers who meet the minimum qualifications required to serve as a certified K-9 handler and has thereby agreed to transfer all rights, title, and interests to the City of Sanford. The K-9 shall be considered municipal property and an asset of the City upon execution of the Agreement. LEGAL REVIEW: The City Attorney has reviewed the agreement between the City of New Smyrna Beach and the City of Sanford for legal sufficiency. RECOMMENDATION: City staff recommends that the City Commission approve the agreement between the City of New Smyrna Beach and the City of Sanford to transfer ownership of Police K-9 Noris. SUGGESTED MOTION: "I move to approve the K-9 transfer Agreement." Attachments: