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HomeMy WebLinkAbout16- Transfer of Property and Hold Harmless Agreement - Bryan Moen and City of BozemanExhibit A to Resolution 4724 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 Tity of 0 (--FU 1Ve/ , 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 Page 1 of 2 Exhibit A to Resolution 4724 Date: B n Moen On this 13. day of d C `�'PV , 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 •K`•'•'"� :Y RICHARD M. MCU NE tApi,� : NOTMY PUBM lot ft 8EAL : state of Monlam • : . Rselding at Borman, Montam k..... e MYAmmis ton Expirn N17 o"theStat C-"- ky��" Date: 16-2-q-16 BY: Chris Kukulski City Manager, City of Bozeman On this 10 day of (OC4-ebe.r- , 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. PEARL MICHALSON i �P s0 = Notary Public a : NOTA%i/,q4. y for the State of Montana Notary Public for the State of Montana *'SEAL.-*# : Residing at: Q. Bozeman, Montana �c oF'Moci� • My Commission Expires: March 10, 2020 Transfer and Hold Harmless Agreement for Nyah Page 2 of 2 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: 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 Page 1 of 2 Resolution 4724, Transferring Ownership ofNyah to Officer Bryan lloen ATTEST: .�OF B o2 ROBIA�T CR4�, � - • City CIEr• p' = _ •tee'. 'f s l 8, 8 3 t }eCO. �X. APPROVED AS TO FORM: G LLIVAN City Attorney Page 2 of 2