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HomeMy WebLinkAboutRogers, Bruce - Retired K-9 Officer Brutus, Bill of SaleAGREEMENT AND BILL OF SALE FOR K -9 OFFICER BRUTUS BY AND BETWEEN CITY OF YAKIMA AND BRUCE ROGERS THIS AGREEMENT AND BILL OF SALE is entered into by and between the City of Yakima and Bruce Rogers 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. Bruce Rogers (hereafter "Rogers ") was a duly commissioned police officer employed by the City, retiring from the City on January 27, 2012. C. Brutus is a German Shepherd canine used as a K -9 officer of the Yakima Police Department, and has been handled throughout his career by Officer Bruce Rogers. After six years of faithful service, Brutus is also ready for retirement, and the City and Officer Rogers find it fitting and. proper that, upon retirement, Brutus should be sold to Officer Rogers so as to remain a part of the Rogers' 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 Brutus. 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 Brutus, and the useful service life of K -9 officers. (b) Upon execution of this Agreement and Bill of Sale by both parties, City will tender and deliver Brutus and all right, title and interest therein, to Bruce Rogers, 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. Bruce Rogers, 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 Rogers, 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 Brutus by Rogers, his heirs, successors and assigns, including any allegation of harm, injury to others or 1 r deficiency attributed to Brutus arising from any condition or training of Brutus occurring b re and after the effective date of this transfer and sale. a� 3. Disclaimer of Warranties. The City makes no warranty of any kind regarding Brutus, his disposition, training or capabilities. The City specifically disclaims any and all warranties of merchantability and fitness for intended purposes. By signature below, Rogers.accepts tender, delivery, ownership and control of Brutus "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. Goveming 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 By :' Michael A. Morales, Interim City Manager Dated: / ATTEST: BRUCE ROGERS :S Bruce Rogers Dated: