HomeMy WebLinkAbout16. Resolution 4559
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Rich McLane, Deputy Chief of Police
SUBJECT: Retirement of Police K9 with transfer by resolution.
MEETING DATE: October 6, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager to sign Resolution 4559 transferring all
City’s rights, title and interest of former K9 “Taco” to Officer Marek Ziegler.
BACKGROUND: From July 1, 2005 to March 30, 2014, the Bozeman Police Department
utilized a K9 “Taco” for various law enforcement related actions specific to a K9 ability and
training. The dog was under the care and operational control during this entire time by Officer
Marek Ziegler. The K9 served admirably, but as a dog ages, their ability to handle the long
hours, training needs and operational ability eventually diminish. Taco reached this threshold in
March 2014. Taco was purchased by the City and during these dates has continued to be
property of the City of Bozeman.
Marek Ziegler has shown interest in taking over ownership of Taco for Taco’s remaining life, to
include assuming all responsibilities for the care of Taco. Marek has signed a hold harmless
agreement relieving the City of liability related to Taco. Transferring retired K9’s to their
handler is a standard practice. It is in the best interest of the City, Taco and Marek Ziegler to
authorize this transfer of ownership.
UNRESOLVED ISSUES: None.
ALTERNATIVES: None recommended.
FISCAL EFFECTS: None
Attachments:
Resolution 4559
Hold Harmless Agreement signed by Marek Ziegler
Report compiled on: September 17, 2014
COMMISSION RESOLUTION NO. 4559
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH POLICE OFFICER MAREK
ZIEGLER FOR THE TRANSFER OF TACO, RETIRED K9.
WHEREAS, Marek Ziegler is a current police officer of the City of Bozeman and was
responsible for the handling of Taco, the City’s duty K9 from August 1, 2007 until March 30,
2014 at which time Taco was retired from active duty; and
WHEREAS, the City Commission hereby determines City ownership of Taco is no
longer necessary for the conduct of City business and the best interests of the City and of Taco
require the transfer ownership of Taco to Officer Ziegler 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 Taco to Officer Ziegler.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 6th day of October, 2014.
Page 1 of 2
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Resolution 4559, (Transferring Ownership of Taco to Officer Marek Ziegler)
___________________________________
JEFFREY K. KRAUSS
Mayor
ATTEST:
________________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
Page 2 of 2
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TRANSFER OF PROPERTY AND
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
BETWEEN:
MAREK ZIEGLER AND CITY OF BOZEMAN
This HOLD HARMLESS AND INDEMINIFICATION AGREEMENT is made and entered into this 6th
day of October, 2014, by and between Marek Ziegler, hereinafter called “Ziegler”, 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”.
Ziegler is currently a police officer for the City of Bozeman. From July 1, 2005 to March 30,
2014, Ziegler served as a K9 dog handler as part of his duties. A K9 was purchased and owned by the
city for this purpose and Ziegler had responsibilities for the care and training of this K9 “Taco”. On
March 30, 2014, Taco was retired from service after a determination was made that he was no longer
able to operate at the level necessary to conduct normal police K9 operations. Both Ziegler and the
City agree that it is in the best interests of all parties that full ownership and responsibilities of Taco be
transferred from the City to Ziegler.
The undersigned understands and acknowledges that this Hold Harmless and Indemnification
Agreement requires that the City, its officers, agents and employees be indemnified and held harmless
for any all liability, claims, costs, veterinarian care, suits, causes of action, judgments or damages
sustained by the City or any other person or persons for bodily injury and for injury to or loss of property
resulting from, caused by or rising out of the conduct of Taco. This Hold Harmless and Indemnification
Agreement shall also pertain to any such claims alleging negligence on the part of the City.
208
_____________________________________________
BY: Marek Ziegler
On this _____ day of ___________________, 2014, before me a Notary Public of the State of Montana,
personally appeared Marek Ziegler, 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
_____________________________________________
BY: Ron Price
Chief of Police, City of Bozeman
On this _____ day of ___________________, 2014, before me a Notary Public of the State of Montana,
personally appeared Ron Price, known to me to be the person that executed the foregoing instrument
as the Police Chief 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
209