HomeMy WebLinkAbout09-09-19 City Commission Packet Materials - C17. Res 5095, Agreement with MT Judiciary to Transfer an Unmarked Police Vehicle
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Steve Crawford, Police Chief
SUBJECT: Resolution Number 5095, A RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE STATE OF MONTANA JUDICIARY,
LOCATED AT 215 NORTH SANDERS STREET, HELENA MONTANA FOR THE TRANSFER OF A 2002 GOLD CHEVY
IMPALA, VIN 2G1WF52E029187207, TITLE NUMBER G064428,
ASSET NUMBER 3138/TC2.
MEETING DATE: September 9, 2019
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution 5095 and authorize the City Manager to sign
Exhibit A, Hold Harmless and Transfer Agreement.
BACKGROUND: This vehicle was purchased on February 24, 2003 with 35,260
miles on it and currently has 133,086 miles on it. It currently is
categorized as in “poor condition” and is no longer needed as an unmarked police vehicle. Kelly Blue Book trade in value is $503 and a private party sale value of $1342.
Bozeman Police Department was contacted by Gallatin County
Youth Court Services after one of their vehicles developed major
mechanical troubles and has become unreliable to transport juveniles safely. The State of Montana does not have the funding to replace this vehicle at this time.
Per MCA 7-8-4201, Disposal or lease of municipal property, the
City may sell, dispose of, donate or lease any property belonging to
the City. Such lease, donation or transfer must be made by an ordinance or resolution passed by a two-thirds vote of all members
of the council or commission.
Resolution 5095 is written to authorize the City to donate the 2002 GOLD CHEVROLET IMPALA, VIN 2G1WF52E029187207,
TITLE NUMBER G064428 to the State of Montana.
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UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: None.
ATTACHMENTS: Resolution 5095 Exhibit A, Hold Harmless and Transfer Agreement
REPORT COMPILED ON: August 30, 2019
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RESOLUTION NO. 5095
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE STATE OF MONTANA JUDICIARY, LOCATED AT 215 NORTH SANDERS
STREET, HELENA MONTANA FOR THE TRANSFER OF A 2002 GOLD CHEVY
IMPALA, VIN 2G1WF52E029187207, TITLE NUMBER G064428, ASSET NUMBER
3138/TC2.
WHEREAS, Asset number 3138/TC2 is a 2002 Gold Chevy Impala with Vehicle
Identification Number (VIN) 2G1WF52E029187207 that has been in service since February of
2003 and has more than 133,000 miles on it.
WHEREAS, Gallatin County Youth Court Services is in need of a more reliable vehicle
for the purpose of transporting youth and staff.
WHEREAS, the City Commission hereby determines City ownership of Asset number
3138/TC2 is no longer necessary for the conduct of City business and the best interests of the City
and Gallatin County Youth Court Services require the transfer of ownership to the State of
Montana Judiciary 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
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Agreement (Exhibit A) and in doing so hereby authorizes the transfer all the City’s rights, title,
and interest it may have in Asset number 3138/TC2 to State of Montana Judiciary.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 9th day of September, 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 5095
Transfer and Hold Harmless Agreement for 2002 GOLD CHEVROLET IMPALA, VIN 261WF52R029187207, TITLE NUMBER G064428 Page 1 of 2
TRANSFER OF PROPERTY AND
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
BETWEEN STATE OF MONTANA JUDICIARY 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 the State of Montana Judiciary, hereinafter called
the “STATE”, 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.”
The State acknowledges and accepts all risks associated with accepting ownership of the
2002 GOLD CHEVROLET IMPALA, VIN 2G1WF52E029187207, TITLE NUMBER G064428.
As such, the State 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,
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 use and ownership of the 2002
GOLD CHEVROLET IMPALA, VIN 2G1WF52E029187207, TITLE NUMBER G064428 after
the date of this Agreement.
In addition, the State 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 the State’s acceptance
of the vehicle.
In addition, the City hereby transfers all ownership of the 2002 GOLD CHEVROLET
IMPALA, VIN 2G1WF52E029187207, TITLE NUMBER G064428 to the State and relinquishes
all rights, title and interest it may have in the vehicle to the State.
#### End of Agreement except for signatures ####
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Exhibit A to Resolution 5095
Transfer and Hold Harmless Agreement for 2002 GOLD CHEVROLET IMPALA, VIN 261WF52R029187207, TITLE NUMBER G064428 Page 2 of 2
_____________________________________________ Date: ___________
BY: David Wysoski
State of Montana Judiciary, Gallatin County Youth Court Services
On this _____ day of ___________________, 2019, before me a Notary Public of the State of Montana,
personally appeared David Wysoski, 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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