HomeMy WebLinkAboutResolution 4724 Authorizing the City Manager to Execute and Agreement with Police Officer Bryan Moen for the Transfer of Nyah, Retired Police K9 G 9x
COMMISSION RESOLUTION NO. 4724
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH POLICE OFFICER BRYAN MOEN
FOR THE TRANSFER OF NYAH,RETIRED POLICE K9.
WHEREAS, Bryan Moen is a current police officer of the City of Bozeman and was
responsible for the handling of Nyah, a police duty K9 from May 2012 until October 1, 2016 at
which time Nyah was retired from active duty; and
WHEREAS, the City Commission hereby determines City ownership of Nyah is no
longer necessary for the conduct of City business and the best interests of the City and of Nyah
require the transfer of ownership of Nyah to Officer Moen pursuant to the attached agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman,Montana:
I:
Section 1
The City Commission hereby authorizes the City Manager to sign the attached Agreement
(Exhibit A) and in doing so hereby authorizes the transfer all the City's rights,title, and interest
it may have in Nyah to Officer Moen.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 24th day of October, 2016.
CARSON TAYLOR
Mayor
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Resolution 4724, Transferring Ownership ofNyah to Officer Bryan Moen
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APPROVED AS TO FORM:
G LLIVAN
City Attorney
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Exhibit A to Resolution 4724
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TRANSFER OF PROPERTY AND
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
BETWEEN BRYAN MOEN AND CITY OF BOZEMAN
This TRANSFER OF PROPERTY AND HOLD HARMLESS AND INDEMINIFICATION
AGREEMENT (the "Agreement") is made and entered into this Vityof 0 oerb 10ev/
2016,by and between Bryan Moen,hereinafter called"Moen",and the CITY OF BOZEMAN,a municipal
corporation and political subdivision of the State of Montana, with offices at City Hall, 121 North Rouse
Avenue, P.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called the"City."
Moen is currently a police officer for the City of Bozeman. From July 2009 to October 1, 2016,
Moen served as a K9 dog handler as part of his duties. In May 2012,a K9,hereinafter referred to as"Nyah"
was purchased and owned by the City. Moen had responsibility for the care and training of Nyah during
Nyah's service as a police K9 for the City. On October 1, 2016,Nyah was retired from service.
Both Moen and the City agree that it is in the best interests of all parties that full ownership and
responsibilities of Nyah be transferred from the City to Moen.
Moen shall hold the City, its officers, agents and employees, harmless and indemnify the City, its
officers,agents and employees from and against any and all liability, claims, costs,veterinarian care, suits,
causes of action,judgments or damages sustained by the City for bodily injury and for injury to or loss of
property resulting from, caused by or rising out of the conduct of Nyah or Moen's ownership of Nyah after
the date of this Agreement.
In addition, the City hereby transfers all ownership of Nyah to Moen and relinquishes all rights,
title and interest it may have in Nyah to Moen.
####End of Agreement except for signatures####
Transfer and Hold Harmless Agreement for Nyah
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Exhibit A to Resolution 4724
Date:
B n Moen
On this (9, day of d C �'�V 2016,before me a Notary Public of the State of Montana,
personally appeared Bryan Moen,known to me to be the person that executed the foregoing agreement.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and
M. !� RICHARD M.M dN*
NOTARY PUBW for ft
. ...SEAL: :m State of M onum
Residing at Bonmsn,MWW4
1��! My Commission Expires
of I 12,Z017 Notary Public for the Stat Montana
Date:
BY: Chris Kukulski
City Manager,City of Bozeman
On this Iq day of (OG4-6bu- ,2016,before me a Notary Public of the State of Montana,
personally appeared Chris Kukulski,known to me to be the person that executed the foregoing instrument
as the City Manager of the City of Bozeman,whose name is subscribed to the within instrument and
acknowledged to me that he executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
ow
PEARL MICHALSON'= Notary Publicz for the State of Montana Notary Public for the State of Montana
# Residing at:Q. E3ozeman, Montana' My Commission Expires:March 10,2020
Transfer and Hold Harmless Agreement for Nyah
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