HomeMy WebLinkAbout04-22-19 City Commission Packet Materials - C8. Res 5049, Agreement with B. Armour for the Transfer of a Retired Police K9
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Steve Crawford, Police Chief
SUBJECT: Resolution Number 5049, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH BRYON ARMOUR FOR THE TRANSFER OF “KUNO”, RETIRED POLICE K9.
MEETING DATE: April 22, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution 5049 and authorize the City Manager to sign Exhibit
A, Transfer and Hold Harmless Agreement for Police K9 “Kuno”.
BACKGROUND:
Bozeman Police K9 “Kuno” was purchased and has been owned by the City since approximately October
2014.
Since that time, Officer Tracy Senenfelder has had responsibility for the care and training of “Kuno” during
“Kuno’s” service as a police K9 for the City. Officer Senenfelder and “Kuno” have been a K9 Team
throughout “Kuno’s” years of service for the City. “Kuno” is scheduled for retirement from police service
on approximately April 23, 2019.
Bryon Armour has been trained as a police K9 handler through the same certification process as Bozeman
Police K9 handlers and is able to take possession of police K9 “Kuno”.
Both Officer Senenfelder and the City agree that it is in the best interests of all parties that full ownership
and responsibilities of “Kuno” be transferred from the City to Armour upon “Kuno’s” retirement.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: None. ATTACHMENTS: Resolution 5049 Exhibit A Transfer and Hold Harmless Agreement for “Kuno” REPORT COMPILED ON: April 11, 2019
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RESOLUTION NO. 5049
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AUTHORIZING THE CITY MANAGER TO SIGN AN AGREEMENT
WITH BRYON ARMOUR FOR THE TRANSFER OF “KUNO”, RETIRED POLICE K9.
WHEREAS, “Kuno” is a police duty K9 that has been in service since October 2014
and will retire from service approximately April 23, 2019; and Bryon Armour is a trained K9
handler who has been certified through the same organization as Bozeman Police K9 handlers and
who is able to take possession and ownership of “Kuno” and;
WHEREAS, the City Commission hereby determines City ownership of “Kuno” is no
longer necessary for the conduct of City business and the best interests of the City and of “Kuno”
require the transfer of ownership of “Kuno” to Armour 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 “Kuno” to Armour.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 22nd day of April, 2019.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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Exhibit A to Resolution 5049
Transfer and Hold Harmless Agreement for “Kuno” Page 1 of 3
TRANSFER OF PROPERTY AND
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
BETWEEN BRYON ARMOUR AND CITY OF BOZEMAN
This TRANSFER OF PROPERTY AND HOLD HARMLESS AND INDEMINIFICATION
AGREEMENT (the “Agreement”) is made and entered into this ____ day of
____________________, 2019, by and between Bryon Armour, hereinafter called “Armour”, 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.”
Armour has been trained as a police K9 handler through the same certification process as
Bozeman Police K9 handlers and is able to take possession of police K9 “Kuno” who is going to
be retired from service from his K9 team with Officer Tracy Senenfelder effective approximately
April 23, 2019.
In approximately October 2014, police K9 “Kuno” was purchased and owned by the City.
Since that time, Officer Senenfelder has had responsibility for the care and training of “Kuno”
during “Kuno’s” service as a police K9 for the City. Both Senenfelder and the City agree that it
is in the best interests of all parties that full ownership and responsibilities of “Kuno” be transferred
from the City to Armour upon “Kuno’s” retirement.
Armour recognizes “Kuno” was trained as a police K9 and requires special handling and
in doing so Armour accepts all risks associated with accepting ownership of “Kuno”. As such,
Armour 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 “Kuno” or
Armour’s ownership of “Kuno” after the date of this Agreement.
In addition, Armour waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to Armour’s acceptance of
“Kuno”.
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Exhibit A to Resolution 5049
Transfer and Hold Harmless Agreement for “Kuno” Page 2 of 3
In addition, the City hereby transfers all ownership of “Kuno” to Armour and relinquishes
all rights, title and interest it may have in “Kuno” to Armour.
#### End of Agreement except for signatures ####
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Exhibit A to Resolution 5049
Transfer and Hold Harmless Agreement for “Kuno” Page 3 of 3
_____________________________________________ Date: ___________
BY: Bryon Armour
On this _____ day of ___________________, 2019, before me a Notary Public of the State of Montana,
personally appeared Bryon Armour, 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
year first above written.
_________________________________________________
Notary Public for the State of Montana
_____________________________________________ Date: ___________ BY: Andrea Surratt
City Manager, City of Bozeman
On this _____ day of ___________________, 2019, before me a Notary Public of the State of Montana,
personally appeared Andrea Surratt, 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.
_________________________________________________
Notary Public for the State of Montana
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