4.10 SR 04-07-2025[ITEM_HEAD]
To
City Council
Meeting Date
April 7, 2025
Request for Action
Item Number
4.10
Prepared By
Tina Allard, City Clerk
Item Description Reviewed by
Agreement 25-04: Sale of an Animal and Waiver of David Kuhnly
Liability Agreement Cal Portner
Tina Allard
Action Requested
Adopt Agreement 25-04 for Sale of an Animal and Waiver of Liability
Background/Discussion
K9 Duke joined the Elk River Police Department in June 2018. During his years with the department, Duke
has earned numerous awards for service and K9 competition.
The working lifespan of a police dog can vary depending on various factors, such as breed, health, and the type
of work they do. Given his age, Duke is retiring from active patrol duty. Past practice and state statutes allow
for a transfer of ownership to their handler, and Duke would remain in care under the full responsibility of
Officer Kevin Heldt.
Recognition of Duke will be held at a later date.
Financial Impact
N/A
Mission/Policy/Goal
Together we win
Attachments
I . K9 Agreement Heldt
The Elk River Vision
A welcoming community, with revolutionary and spirited resourcefidnm, exceptional service, and community P� d W E R E D 0d
engagement that encourages and inspires prosperityINPaU 249
AGREEMENT 2025-04
City of Elk River
Sale of an Animal and Waiver of Liability Agreement
In consideration for the sum of One Dollar ($1), and the transfer of ownership of a certain canine,
Duke, from the City of Elk River [City] to Kevin Heldt [Purchaser], the Purchaser hereby releases
and forever discharges the City, its agents, employees, heirs, and assigns from any and all claims of
injury, disability, loss, or property destruction that may occur to anyone, as a result of contact with
or actions by the Dog.
The Purchaser accepts full responsibility and also agrees to indemnify and hold harmless the City
and its agents, employees, heirs, and assigns for any alleged injury or damage to any persons or
property that may occur or be caused by the Dog after transfer of ownership, which is effective as
of the date listed below, including reasonable costs of defending such claims.
The undersigned is fully aware of the nature of the training the Dog received and the nature of the
workk that the Dog performed during the period of ownership by the City, and understands the need
to provide the Dog with suitable shelter and reasonable surroundings in keeping with its training and
work experience.
The Purchaser will not sell or give away the Dog, without the written approval of the City.
2. The Purchaser will use the Dog only as a pet, but may train the Dog and enter competitions.
3. The Purchaser will not use the Dog as a detection, rescue, or service animal in any capacity,
without the written approval of the City.
4. The Purchaser will obtain and maintain in force a Homeowner's or Renter's Insurance
Policy, issued by a casualty, carrier licensed in this state, in the minimum amounts of
$100,000 per claimant and $300,000 per incident or event.
The Parties have executed this Agreement on this 71' day of April 2025.
Purchaser, Kevin Heldt
John J. Dietz, Mayor
ATTEST:
Tina Allard, City Clerk
Page 103 of 249