1 MERCED POLICE DEPARTMENT CANINE
TRANSFER CONTRACT
This AGREEMENT made and entered into in the City of Merced, State of California, this _____ day of __________, 2023, by and between the City of Merced, a municipal corporation of the State of California, hereinafter referred to as “CITY”, and Tevon Prevostini, current canine handler for the Merced Police Department, hereinafter referred to as “HANDLER”.
Whereas, Canine “Stas” has been with the Merced Police Department since August of 2019. “Stas” has served the city for four (4) years. “Stas” was born in June of 2018 and is five (5) years old as of June 2023. “Stas” was named in dedication to Deputy Mark Stasyuk who was killed in the line of duty on September 17
th, 2018. Officer Tevon Prevostini and Deputy Stasyuk
were close friends. HANDLER acknowledges that he/she has received training on how to care for a retired police canine. “Stas” has had a distinguished career as a police protection and firearm detection canine. “Stas” has developed an ailment and it is no longer humane to keep him as an active police service canine. His ability to continue to do police work at an acceptable level no longer exists, and it is recommended he be retired from service; and
Whereas, HANDLER wishes to assume ownership and take possession of that certain retired City of Merced police canine named “Stas”. HANDLER has been the assigned canine handler for “Stas”.
NOW, THEREFORE, in consideration of this AGREEMENT, the parties hereto agree as follows:
1. In exchange for the monetary consideration of the payment of the sum of one dollar ($1.00) to the City of Merced and the obligations being assumed by HANDLER, CITY hereby transfers ownership and responsibility for “Stas” to HANDLER pursuant to Merced Municipal Code Section 3.04.370.
2. HANDLER agrees to assume ownership of “Stas” and further agrees to keep the aforementioned canine within a secure kennel of appropriate size with a cover at all times when he/she is not at home to care for the dog.
3. HANDLER further agrees to assume all liability for risks and dangers relating to his/her ownership of the subject police canine on and after the aforementioned date, and to indemnify and hold CITY harmless in the event that any legal or administrative action, whether by claim, demand or otherwise, is made by any person or entity as a consequence of or arising out of any event, act or disturbance involving the subject police canine on or after the date ownership is transferred. These hold harmless provisions shall extend to any direct or vicarious liability arising from any and all losses, liabilities, charges (including reasonable attorney fees and court costs), and any other expenses whatsoever which may arise in any manner after the new owner’s assumption of ownership on the date identified herein.
4. HANDLER acknowledges that he/she has read the foregoing AGREEMENT and understands that it is contractual in nature and understands each of its provisions.
2 IN WITNESS WHEREOF
HANDLER
Tevon Prevostini Date
CITY of Merced
City Manager Date
APPROVED AS TO FORM:
BY:_____________________________
City Attorney Date