HomeMy WebLinkAboutC-7816-1 - Transfer Agreement for Police Department CanineTRANSFER AGREEMENT
WITH SHAWN PREASMYER FOR
POLICE DEPARTMENT CANINE
THIS TRANSFER AGREEMENT ("Agreement") is made and entered into as of this
24th day of January, 2020 ("Effective Date") by and between the CITY OF NEWPORT
BEACH, a California municipal corporation and charter city ("City"), and SHAWN
PREASMYER, an individual ("Transferee"), and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. Transferee is a private individual employed as a member of the Newport Beach
Police Department ("NBPD").
C. In conjunction with his employment, Transferee was entrusted with care, custody,
and control of a police canine named "Hondo" ("Dog"). Dog has been specially trained
to assist officers in law enforcement tasks and to respond to commands issued by
Transferee. Transferee has been Dog's handler since Dog was obtained by City on
or about November 2015.
E. Dog is no longer physically able to perform daily tasks as a police canine. City desires
to retire Dog from service, and desires to transfer ownership of Dog subject to the
conditions specified in this Agreement.
F. Transfer of Dog to a person other than Transferee could be dangerous given Dog's
police training. City desires to transfer permanent ownership of Dog to Transferee
due to Transferee's demonstrated relationship with Dog. Transfer of Dog to
Purchaser has been approved pursuant to City Council Policy F-11.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
Consideration. City hereby transfers Dog to Transferee for the sum of One Dollar
and 00/100 ($1.00), payable at the time this Agreement is executed. Transferee
shall be the sole owner of the Dog upon execution of this Agreement and payment
of One Dollar and 00/100 ($1.00).
2. Responsibility. Transferee agrees and hereby assumes sole ownership and sole
responsibility for the care, maintenance, food, housing, medical care, and any and
all other expenses that may result from or arise out of Transferee's ownership of
Dog, whether or not such care or medical treatment arises out of or in connection
with a pre-existing condition of Dog or Dog's prior use for law enforcement.
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3. No Warranties. Transferee, through his employment, has been Dog's handler and
acknowledges and understands that.-
a.
hat:
a. Dog has been trained and used as a police canine;
b. Dog is being transferred "as is";
c. City makes no representations, warranties, guarantees, or statements of
any kind or nature regarding: (i) the physical or mental health of Dog, (ii) the
training that Dog has received, or (iii) the temperament, disposition, or
suitability of Dog for any use whatsoever; and
d. Transferee's acquisition of Dog is desired and entirely voluntary by
Transferee and is not in any way, either actual or implied, a condition of
employment, remuneration, benefit, retirement, or other aspect of
Transferee's employment by City.
4. City's Duties. City will have no further duty, responsibility, or liability for Dog or
Dog's care with the exception of the following:
a. Any unpaid veterinary expenses incurred by Dog up to the date of
retirement shall be the responsibility of City. These veterinary expenses
shall include any unpaid balance current being considered by City,
expenses not covered by the Dog's insurance carrier and any other
expenses whether known or unknown at the time of retirement.
b. In recognition of Dog's years of service to City, should euthanasia become
necessary due to Dog's deteriorating condition, City shall reimburse normal
and necessary costs for such euthanasia. The decision to euthanize Dog is
the responsibility of Transferee.
5. No Subsequent Transfers. Transferee shall not transfer ownership of Dog to any
other person or entity without prior written permission of City, the request for which
shall be agreed to or denied in the sole discretion of City.
6. Assumption of the Risk. Transferee is aware that Dog could inflict injury to
Transferee or others, including but not limited to, bodily injury, personal injury,
death, disability, illness, property damage, or loss (hereinafter, "Risk of Injury").
Transferee acknowledges that transfer of Dog is voluntary, and Transferee does
so with full knowledge of the Risk of Injury. To the extent authorized by law,
Transferee hereby accepts responsibility for any and all Risk of Injury on behalf of
himself and his descendants, dependents, spouse, domestic partners, heirs,
executors, administrators, devisees, representatives and assigns, and anyone
who might claim on behalf thereof ("Transferee Parties").
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7. Waiver and Release. To the extent authorized by law, Transferee on behalf of
himself and Transferee Parties, hereby releases, discharges, and holds harmless
the City, its officials, officers, agents, representatives, volunteers, employees,
contractors, commissions, committees, foundations, and other such persons or
bodies (hereinafter, "Released Parties") from any and all liability for claims,
demands, causes of action, damages, judgments, costs or expenses,
compensation, consideration, remuneration, benefits, including but not limited to
attorneys' fees and costs that are caused by, arise out of or in connection with or
result from transfer of Dog, brought by any person or entity whatsoever at any time
(hereinafter, "Claims").
8. Unknown Claims. Transferee understands that this Agreement extends to all
claims of every kind or nature whatsoever, either in law or in equity, foreseen or
unforeseen, known or unknown, which arise or may hereafter arise from transfer
of Dog, and that this Agreement discharges the Released Parties from any Claims
that Transferee and Transferee Parties may have against the Released Parties.
Further, on behalf of Transferee and Transferee Parties, Transferee hereby waives
all rights under California Civil Code § 1542, which states:
A general release does not extend to claims that the
creditor or releasing party does not know or suspect to
exist in his or her favor at the time of executing the release
and that, if known by him or her, would have materially
affected his or her settlement with the debtor or released
party.
9. Defense and Indemnity. Transferee further agrees to indemnify, defend, and hold
harmless Released Parties from and against any and all Claims.
10. Recitals. City and Transferee acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference into this Agreement.
11. Waiver. A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant or condition contained herein, whether of
the same or a different character.
12. Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and
all preliminary negotiations and agreements of whatsoever kind or nature are
merged herein. No verbal agreement or implied covenant shall be held to vary the
provisions herein. This Agreement may only be amended by a writing signed by
both parties hereto.
13. Interpretation. The terms of this Agreement shall be construed in accordance with
the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
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14. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
15. Controlling Law and Venue. The laws of the State of California shall govern this
Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County
of Orange, State of California.
16. No Attorneys' Fees. In the event of any dispute or legal action arising under this
Agreement, the prevailing party shall not be entitled to attorneys' fees.
17. Counterparts. This Agreement may be executed in two (2) or more counterparts,
each of which shall be deemed an original and all of which together shall constitute
one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: oI - o a .2,o
By: Yoe
A r n C. Harp
Ci y Attorney
ATTEST: I
Date: !-
._
BrownLeilani 1.
City Clerk
CITY OF NEWPORT BEACH,
a Californiamunici al corporation
Date: / ly�
By: Cil
Jo T. Lewis
Police Chief
TRANSFEREE: SHAWN PREASMYER,
an individual
Date: 0 t `Z 2 Q z o
By.
Shawn Preas
[END OF SIGNATURES]
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