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HomeMy WebLinkAboutSAUSDw AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Sr. Deputy Clerk of the Council (M-30)_ Call 647-5238 if you have any questions_ The agreement with S.11), No. —aOO. J f 6 I was completed on i 1 ,OS� and final payment has been made. k Department: f Signature: Date: (D" 3-0;5 City of Santa Ana Revised 8-7-03 Clerk of the Council f A-2005-164 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND SANTA ANA UNIFIED SCHOOL DISTRICT REGARDING SALE OF K-9 OFFICER This Agreement, made and entered into this I day of June, 2005, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and Santa Ana Unified School District, ('DISTRICT"), WITNESSETH Recitals: A. The CITY owns a Belgian Malinois known as canine officer Rudy (hereinafter "said animal"). The Chief of Police has determined that said animal is no longer needed as an active member of the K-9 unit. B. The District acknowledges, agrees and represents that it will fully inspect said animal prior to possession. The District further warrants that possession of said animal constitutes an acknowledgement that said animal has been inspected and that District finds and accepts said animal as being safe and reasonably suited for the District's intended purpose. C. The District wishes to purchase said animal for use by the Santa Ana Unified School District Police. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and shall constitute the entire Agreement between the CITY and DISTRICT: I. City shall transfer and deliver to District, and District shall accept and pay $3,000.00 for said animal. 2. THE DISTRICT HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the CITY OF SANTA ANA, its officers, employees, agents and volunteers (hereinafter referred to as "City") from any and all liability to the District for any loss or damage, and any claim or demand therefor on account of injury to or death of any person, including employees, agents and contractors of the District or any third party, or property damage, whether caused by the negligence of the City or otherwise, arising from the possession of said animal. 3. THE DISTRICT HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the City from any loss, liability, damage or cost District may incur due to the possession of said animal whether caused by the negligence of the City or otherwise. The District recognizes that said animal was trained and used as a police 7 r canine and asserts that the District has the capability to effectively care for, house and control said animal. 4. THE DISTRICT HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE, whether due to the negligence of City or otherwise, while possessing said animal. The undersigned recognizes that the CITY OF SANTA ANA has made no representations regarding the fitness of said animal. 5. THE DISTRICT further expressly agrees that the foregoing RELEASE, WAIVER AND INDEMNITY PROVISIONS are intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 6. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to said animal. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and DISTRICT. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, or in connection with this Agreement. 8. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year written below. EM ATTEST- PATRICIA E. HEALY Clerk of the Council RECO ENDED FOR APPROVAL: PAUL M. WALTERS Chief of Police DATE: CITY OF SANTA ANA DAVID N. REAM City Manager APPROVED AS TO FORM: r OSEPH W. FLETCHER City Attorney SANTA ANA UNIFIED SCHOOL DIySTRICT: Name: ) /m irl /Yd5 Ni✓(o Title: C ti/ Tax ID: c� S -