HomeMy WebLinkAboutMcKinney, Mark - Canine Officer "Dexter" Bill of SaleAGREEMENT AND BILL OF SALE FOR CANINE OFFICER "DEXTER"
BY AND BETWEEN
CITY OF YAKIMA AND MARK MCKINNEY
THIS AGREEMENT AND BILL OF SALE is entered into by and between the City of Yakima and Mark McKinney
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. Mark McKinney (hereafter "McKinney") is a duly commissioned police officer employed by the City.
C. Dexter is a canine used as a Police Service Dog of the Yakima Police Department, and has been handled
throughout his career by Officer McKinney. After six and a half years of faithful service, Dexter is also
ready for separation from service, and the City and Officer McKinney find it fitting and proper that, upon
separation, Dexter should be sold to Officer McKinney so as to remain a part of the McKinney 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 Dexter. 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 Dexter, and the useful service of Police Service Dogs.
(b) Upon execution of this Agreement and Bill of Sale by both parties, City will tender and deliver
Dexter and all right, title and interest therein, to Mark McKinney, 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. Mark McKinney, 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 McKinney, 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 Dexter by McKinney,
his heirs, successors and assigns, including any allegation of harm, injury to others or deficiency
attributed to Dexter arising from any condition or training of Dexter 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 Dexter, his disposition,
training or capabilities. The City specifically disclaims any and all warranties of merchantability and
fitness for intended purposes. By signature below, McKinney accepts tender, delivery, ownership and
control of Dexter "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 MARK MCKINNEY
By: (,t1-Y1/14/,Cliff Moore, CityOnager
Dated:_ ) L , vim? t
ATTEST:
CITY CONTRACT NO: 20113 --O 94
RESOLUTION NO:
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Mark McKinney
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