HomeMy WebLinkAboutYates, James - Sale of Canine Officer "Sabre" AGREEMENT AND BILL OF SALE FOR CANINE OFFICER "SABRE"
BY AND BETWEEN
CITY OF YAKIMA AND JAMES YATES
THIS AGREEMENT AND BILL OF SALE is entered into by and between the City of Yakima and James Yates
for the uses and purposes stated below.
I. Recitals
A. The City of Yakima, hereafter called "City," is a municipal corporation of the State of Washington, with
City Hall located at 129 North 2nd Street, Yakima, Washington 98901.
B. James Yates (hereafter"Yates") is a duly commissioned police officer employed by the City.
C. Sabre is a canine used as a Police Service Dog of the Yakima Police Department, and has been
handled throughout his career by Officer Yates. After nine years of faithful service, Sabre is also ready
for retirement, and the City and Officer Yates find it fitting and proper that, upon retirement, Sabre
should be sold to Officer Yates so as to remain a part of the Yates' household.
D. The parties desire to enter into this Agreement and Bill of Sale to accomplish these purposes and ends.
II. Agreement and Bill of Sale
WHEREFORE, in consideration of the mutual covenants, conditions and promises herein, the parties agree as
follows:
1. Sale of Sabre. For and in consideration of One Dollar ($1.00) in hand paid and received, City hereby
agrees as follows:
(a) City has declared the chattel surplus to the uses and needs of the City, in recognition of the
years of service of Sabre, and the useful service life of Police Service Dogs.
(b) Upon execution of this Agreement and Bill of Sale by both parties, City will tender and
deliver Sabre and all right, title and interest therein, to James Yates, as is and where is,
without warranty of any kind, and specifically disclaiming any and all warranties of
merchantability and/or fitness for intended purpose.
2. Indemnification and Hold Harmless. The above sale and transfer is contingent upon and subject to this
specifically negotiated provision. James Yates, for himself, his marital community, and all persons
claiming through him or on his behalf, agrees to defend, indemnify and hold harmless the City of
Yakima, together with its elected and appointed officials, employees, agents, insurers and volunteers,
from any and all claims, damages, suits, penalties, costs, and liabilities of whatever nature, presented
or claimed by Yates, his heirs, successors and/or assigns, or by any third party or parties, arising out of
this transfer and sale, and/or out of the possession, ownership and use of the canine Sabre by Yates,
his heirs, successors and assigns, including any allegation of harm, injury to others or deficiency
attributed to Sabre arising from any condition or training of Sabre occurring before and after the
effective date of this transfer and sale.
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3. Disclaimer of Warranties. The City makes no warranty of any kind regarding Sabre, his disposition,
training or capabilities. The City specifically disclaims any and all warranties of merchantability and
fitness for intended purposes. By signature below, Yates accepts tender, delivery, ownership and
control of Sabre "as is and where is."
4. Entire Agreement. This Agreement and Bill of Sale constitutes the entire agreement of the parties
and shall not be amended or modified except in writing signed by both parties.
5. Binding on Parties, their Heirs, Successors and Assigns. This Agreement and Bill of Sale shall be
binding on the parties hereto, together with their heirs, successors and assigns.
6. Governing Law and Venue. In the event of any action or legal proceeding to enforce this Agreement
and Bill of Sale, or any legal proceeding arising out of the subject matter of this Agreement and Bill of
Sale, venue for any action shall lie in Yakima County.
7. Agreement Deemed Bill of Sale. Upon execution of this Agreement and Bill of Sale by all parties,
this document shall be deemed the Bill of Sale for the disposition of the chattel named and described.
WHEREFORE, this Agreement and Bill of Sale is executed and effective as and from the date signed by the
last party to sign below.
CITY OF YAKIMA JAMES YATES
By: 1.01ALC ---�
Cliff Mo e, C anager Jam Yates
Dated: /0 OM° Dated: /2/.�//o4'
ATTEST:
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City Clerk �'
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CITY CONTRACT NO:c70/6 -•2$
RESOLUTION NO: h/'
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PURCHASING DIVISION
/ • 129 North Second Street
Yakima, Washington 98901
Phone (509) 575-6093 — Fax (509) 576-6394
December 6, 2016
Subject: Surplus Property
Dear Mr. Moore,
Per the 2009 Surplus Policy and the 2009 Delegation of Authority Policy, I am writing to
request that the attached list of items be declared surplus and their disposal authorized.
The City of Yakima has various surplus items and used rolling stock, excess to the needs
of the City of Yakima. Your approval is requested to declare these items surplus and to
authorize the Purchasing Division to dispose of these items in a manner most beneficial
to the City of Yakima per the guidelines of the City of Yakima Surplus Policy for items
(other than real estate) valued at less than $15,000.
Specifically, it is recommended by Captain Gary Jones of the Police Department and
Purchasing that the Police K9 Sabre be declared as surplus to the needs of the city and
to have no resale value due to limited service life left. Due to the nature of this service is
recommended that Sabre be sold to handler, James Yates for $1.00.
Please contact me if you have questions.
Sincerely,
okabi, A
Christina Payer
Buyer I
Approved: (�
Cliff Mo , City Manager