HomeMy WebLinkAbout13-047 - Devries Eric - Purchase of Stryker (K-9 Dog)13-047
Council Approval N/A
City of Tukwila Jim Haggerton, Mayor
Police Department
An Accredited Agency
Michael 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
Eric DeVries, hereinafter referred to as "Transferee."
WHEREAS, Stryker, a 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, Stryker's current handler, wishes to purchase Stryker
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 Stryker to Transferee for the sum of
$1.00.
2. The transfer shall be effective March 1, 2013.
3. Transferee acknowledges that Stryker has been trained and used as a
K -9 police officer.
4. Stryker is being transferred to 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 Stryker; (ii) the training
which Stryker received while owned by the City or during the time proceeding the
City's ownership; or (iii) the temperament, disposition, or suitability of Stryker for any
use whatsoever (including, but not limited to a house pet, a family pet, a work do, or
a security dog).
6. It is Transferee's responsibility, if Transferee so chooses, to conduct a complete
assessment of Stryker with respect to the above - referenced issues and to provide
any medical care and /or training which may be necessary to ensure Stryker's
applicability and suitability for any use which Transferee may anticipate for Stryker.
7. Transferee's acquisition of Stryker 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, Transferee shall be solely responsible, financially and otherwise,
for any care or medical attention required by Stryker, whether or not such care or
medical treatment arises out of or in connection with a condition of Stryker that
existed prior to said transfer.
9. Transferee shall not transfer ownership of Stryker to any other person or entity with
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 Stryker shall be considered unserviceable for reassignment by the
Tukwila Police Department.
6200 Southcenter Blvd. Tukwila, WA 98188 • Phone (206)433 -1808 • Records Fax (206)244 -6181 Invest. Fax (206)431 -3688
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11. Upon transfer, all legal liability and responsibly for Stryker, along with ownership of
Stryker, shall transfer from the City of Tukwila and the Tukwila Police Department to
Transferee.
12. 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 fees, arising out of or in connection with this
agreement or any acts of Stryker.
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 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 termination of this Agreement.
DATED this 1 S' day of )-14 RGK , 2013.
CITY OF TUKWILA TRANSFEREE
Attest/Authenticated:
By: (22N--
Printed Name and Title: E ,c.�5Lh,ES CIC mE?�
Address: l2 00 7710E4VTi2
kw /i. Gt2i4 9s���
Approved as to Form:
Office of the C. Attorney
6200 Southcenter Blvd. Tukwila, WA 98188 • Phone (206)433 -1808 • Records Fax (206)244 -6181 Invest. Fax (206)431 -3688