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HomeMy WebLinkAbout17-010 - Michael Boehmer - Purchase of Doc (K-9 Dog)City of Tukwila 17 -010 Council Approval N/A Allan Ekberg, Mayor Police Department Mike Villa, Chief of Police This agreement is entered into by and between the City of Tukwila, Washington, a non - charter optional municipal code city hereinafter referred to as "the City," and Michael Boehmer, hereinafter referred to as "Transferee." WHEREAS, Doc, a canine (K -9) dog with the Tukwila Police Department, is being retired from service, and is no longer of value to the City of Tukwila; and WHEREAS, the Transferee, Doc's current handler, wishes to purchase Doc from the city; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. The City shall transfer ownership of Doc to transferee for the sum of $1.00 and other good and valuable consideration the receipt of which is hereby acknowledged. 2. The transfer shall be effective January 16, 2017. 3. The Transferee acknowledges that Doc has been trained and used as a K -9 police officer. 4. Doc is being transferred to the Transferee "as is." 5. The City makes no representations, warranties, guaranties, or statements of any kind or nature regarding (i) the physical or mental health of Doc; (ii) the training Doc received while owned by the City or during the time preceding the city's ownership: or (iii) the temperament, disposition, or suitability of Doc for any use whatsoever (including, but not limited to a house pet, a family pet, a work, or security dog. 6. It is the Transferee's responsibility, if the Transferee so chooses, to conduct a complete assessment of Doc with respect to the above referenced issues, and to provide any medical care and /or training which may be necessary to ensures Doc's applicability and suitability for any use which the Transferee may anticipate for Doc. 7. The Transferee's acquisition of Doc is desired and entirely voluntary by Transferee and is in no way, either actual or implied, a condition of employment by the city. 8. As of the transfer, the Transferee shall be solely responsible, financially, and otherwise, for any care or medical attention required by Doc, whether or not such care or medical treatment arises out of or in connection with a condition of Doc that existed prior to said transfer. 9. The Transferee shall not transfer ownership of Doc to any other person or entity without prior written permission of the City, the request for which shall be agreed to or denied in the sole discretion of the City. 10. Upon transfer, Doc shall be considered unserviceable for reassignment by the Tukwila Police Department, and may not be used by any other law enforcement agency for K -9 police /law enforcement duties. 11. Upon Transfer, all legal liability and responsibility for Doc, along with ownership of Doc, shall transfer from the City of Tukwila and the Tukwila Police Department to the Transferee. 12. The Transferee shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney's fees, arising out of, or in connection with this agreement or any acts of Doc. 13. This agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and Transferee, and supersedes all prior negotiations, representations, or agreements 6200 Southcenter Blvd. • Tukwila, WA 98188 • Phone: - (206)433 -1808 • Admin. Fax: - (206)244 -6181 • Invest. Fax: - (206)431 -3688 ISM D� or4 n &L5 written or oral. No amendment or modification of this agreement shall be of any force or effect unless it is in writing, and signed by the parties. 14. If any term, condition, or provision of this agreement is declared void or unenforceable, or limited in its application or effect, such event shall not affect any other provisions hereof, and all other provisions shall remain fully enforceable. The provisions of this agreement, which by their sense and context are reasonably intended to survive the completion, expiration, or cancellation of this agreement, shall survive the termination of this agreement. DATED this CITY OF TUKWILA _ ___oday of 0-RN '4 ' , 2017 TRANSFEREE Attest/ Authenticated By: Printed Name and Title NieAdd e jA1C/ N! Dotter Address /&aV ( o7 y6 5f lak 7 ,(j4 9839/ Approved as to Form Office of the City Attorney 6200 Southcenter Blvd. • Tukwila, WA 98188 • Phone: - (206)433 -1808 • Admin. Fax: - (206)244 -6181 • Invest. Fax: - (206)431 -3688