HomeMy WebLinkAbout19-052 - Frank Brent - K9 Ace Transfer and Hold Harmless AgreementCity of Tukwila
Allan Ekberg, Mayor
Police Department - Bruce C. Linton, Chief
K9 Transfer and Hold Harmless Agreement
19-052
Council Approval N/A
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 Brent Frank, hereinafter referred
to as ("Transferee").
WHEREAS, Mr. Frank was, in conjunction with his assignment as a K-9 Handler, given the care,
custody, and control of a police dog (K-9) named Ace;
WHEREAS, Ace has been specially trained to assist officers in law enforcement tasks and to
respond to commands issued specifically by the Transferee;
WHEREAS, sale or transfer of Ace to a person other than Transferee could potentially expose the
City to liability based upon the possibility Ace may fail to respond to and obey a new owner/handler;
WHEREAS, Ace's age and current physical condition preclude any further service to the City
beyond the effective date of this Agreement;
WHEREAS, Transferee has served as Ace's handler since his purchase by the City; and
WHEREAS, it is the City's intent to transfer and Transferee's intent to accept K-9 Ace, subject to
the conditions specified in this agreement.
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. The City shall transfer ownership of K-9 Ace to Transferee for the sum of $1.00, the promise
to shelter and care for Ace, and other good and valuable consideration the receipt of which is hereby
acknowledged.
2. The transfer and this Agreement shall be effective as of March 10, 2019 (the "Effective Date").
3. The Transferee acknowledges that Ace has been trained and used as a K-9 police officer.
4. Ace 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 Ace; (ii) the training Ace received while owned by the City
or during the time preceding the city's ownership: or (iii) the temperament, disposition, or suitability of
Ace 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 Ace with respect to the above referenced issues, and to provide any medical care and/or
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training which may be necessary to ensures Ace's applicability and suitability for any use which the
Transferee may anticipate for Ace after his transfer to Transferee.
7. Transferee agrees and hereby assumes ownership and full responsibility for the care,
maintenance, food, housing, medical and any and all other expenses that result from or arise out of
Transferee's ownership of Ace upon the effective date of this Agreement. Provided, in recognition of
Ace's years of service to City, should euthanasia become necessary due to Ace's deteriorating condition,
City shall reimburse normal and necessary costs for such euthanasia. The decision to euthanize Ace is the
responsibility of Transferee.
8. The Transferee' s acquisition of Ace is desired and entirely voluntary by Transferee and is in
no way, either actual or implied, a condition of his employment by the City.
9. As of the transfer, the Transferee shall be solely responsible, financially, and otherwise, for
any care or medical attention required by Ace, whether or not such care or medical treatment may have
arisen out of a condition of Ace that existed or was caused prior to the effective date.
10. The Transferee shall not transfer ownership of Ace 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.
11. Upon transfer, Ace 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.
12. Upon the Effective Date, all legal liability and responsibility for Ace's actions from that day
forward, along with ownership of Ace, shall transfer from the City of Tukwila and the Tukwila Police
Department to the Transferee. Transferee gives up and waives any right he may have on behalf of himself
and his heirs, assigns, and successors for any loss, injury, damage, claim or liability arising out of or in
any way related to Transferee's ownership and possession of Ace after the Effective Date.
13. The Transferee shall defend, indemnify, and hold harmless the City, its officers, officials,
employees, and volunteers with respect to any loss, damage, claims injury, or liability that arises out of,
or is in any way related to Ace's actions or Transferee's actions with Ace occurring upon or following the
effective date of this Agreement .
14. 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 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.
15. 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
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context are reasonably intended to survive the completion, expiration, or cancellation of this agreement,
shall survive the termination of this agreement.
DATED this day of WIAlz4-0- , 2019.
CITY OF TUKWILA
Allan Ekberg, Mayor
Attest/Authenticated
TRANSFEREE
By:
Brent ran K9 Officer
Approved as to Form
U/t
City Attorney
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