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Home My WebLink AboutContracts & Agreements_126-2012_CCv0001.pdf CITY OF REDLANDS "RETIRED" POLICE DOG RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT This Release, Waiver of Liability and Indemnification Agreement ("Agreement") is made and entered into as the date indicated below by and between and City of Redlands, a municipal corporation ("City") and Off. Dan Figgins ("Police Officer") as follows: The City of Redlands hereby transfers ownership of Radar _ ("Retired Police Dog"), a trained police dog, to Police Officer, and will not require the Retired Police Dog's future services as a part of the Redlands Police Department's K-9 Unit. In consideration, Police Officer agrees to assume full responsibility, ownership and control of the Retired Police Dog (including its food, shelter, veterinary needs, and any other expenses related to the Retired Police Dog's care and upkeep), and promises, agrees, and covenants to the following waivers, release, and agreements to indemnify City, its officials, officers, employees and agents (collectively and "Indemnified Parties"). 1. Waiver and Release Police Officer hereby waives all actions (whether legal, equitable or declaratory in nature), proceedings (whether in courts or administrative bodies), alternative dispute resolution procedures (whether arbitration, mediation or otherwise) demands, claims, and causes of action, and other means of recovery, of whatever nature, for injuries to person (including without limitation death, dismemberment and emotional distress), or damages (whether to person, property or business and including without limitation all forms of monetary recovery, whether for general, special, compensatory, or punitive damages, loss of earnings, loss of earning capacity, loss of profits or other damages of whatever nature), arising from the actions of or in any way related to the Retired Police Dog from the date of this Agreement. Police Officer expressly acknowledges that he or she is familiar with Section 1542 of the California Civil Code which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor" Police Officer expressly waives and relinquishes any right and benefit which it may have under Section 1542 of the California Civil Code, or any State or federal statute or common law principle to similar effect, to the full extent that such rights and benefits may be lawfully waived pertaining to the subject matter of the waiver and release set forth in this paragraph. Undersigned understands and acknowledges the significance and consequences of this specific waiver of Section 1542 of the California Civil Code. 2. Indemnity and Hold Harmless. Police Officer shall indemnify, defend (with legal counsel selected by City) and hold the Indemnified Parties, and each of them, harmless from and against any actions (whether legal, equitable or declaratory in nature), proceedings (whether in courts or administrative bodies), alternative dispute resolution procedures (whether arbitration, mediation, or otherwise) demands, claims and causes of action of whatever nature, costs and expenses (including attorneys fees), judgments, orders, decrees, liens and other encumbrances, liabilities, injuries to person (including without limitation, death, dismemberment, and emotional distress), damages (whether to person, property, or business, including without limitation, all forms of monetary recover, whether for general, special, compensatory, or punitive damages, loss or earnings, loss of earning capacity, loss of profits or other damages of whatever nature), arising from the actions of or in any way related to the Retired Police Dog from the date of this Agreement. 3. Notice of Claims. Police Officer shall provide written notice to City within ten (10) days of the service on or delivery to Police Officer of any claim, demand, suit, action, or other proceeding arising out of or in any way related to the subject matter covered under this Agreement. 4. Interpretation and Severability. Police Officer further expressly agrees that the foregoing release, waiver and indemnity agreement is 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 force and effect. This Agreement shall not apply to any actions, proceedings, demands, claims and causes of action arising from the actions of the Retired Police Dog occurring before the date of the Agreement. Police Officer represents that he or she has had an opportunity to read this Agreement and seek the advice of independent legal counsel and is entering into the Agreement voluntarily. Name of Police Officer (print): 1-�>A N F 166 1 NS Address: 1 0r*,- F—S C. DL S Signature Date: -7 — Lo - Notary's Acknowledgement Required I l ,A ,C'e'll o 4 , I c D e 0 (Y-n CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sar) 6ei'novaltno 11� �} On 01 -O(o-2 01 before me, 8,rend o, gooo, /V o7a� Pv`` //lc, Date Here Insert Name and T the Officer personally appeared Dat Floatn-S Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personV whose name( is/afe- subscribed to the within instrument and acknowledged to me that he/sheM-tey executed the same in his/herhheif authorized capacity(iesj, and that by his/herfth& signature(el on the instrument the person($ , or the entity upon behalf of which the person( acted, executed the instrument. ORE-- BOOM certify under PENALTY OF PERJURY under the cvmmns:ron 11966916 laws of the State of California that the foregoing Notary Putole -califanria paragraph is true and correct. to Bernardino Corwttf a Feb t3 2flt WITNESS my hand and official seal, c. . Signature: Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document N a R l f t 61-1 't 1,7,rleinnt4 Title or Type of Document: RE'�+rwt �a IGC 0 � E'.45� �grr��t a t 4 _ Document Date. 011ot,10«- Number of Pages: �- Signer(s)Other Than Named Above: f Capacity(ies)Claimed by Signer(s) Signer's Name: Dor, F Q 9 fns Signer's Name: Dl Corporate Officer—Title(s): D Corporate Officer---Title(s): Jor Individual D individual D Partner— Limited D General lop of thumb her, D Partner—D Limited D Geheral Jopolthul,' —1 Attorney in Fact ED Attorney in Fact Trustee D Trustee Guardian or Conservator L;Guardian or Cans ator �_� Other: ❑Other- Signer Is Representing: Signer representing: 02008 National Notary Assoaat m•9350 De Soto Ave.,P.O.Box 2402-Chattsworth,CA 91313.2402•www,NafsonalNotary.org Item#5907 Raoroe.-Call ToH-Fres 1-80D-878-6827 ASSET RETIREMENT FORM I am requesting approval to dispose of (retire) the following assets in the manner listed below: Description? of Prppert Owned by Which Department Method of Retirement Narcotic detection dog Redlands Police Department w w sold to handler for sum ofm_$1.00 (one dollar) ........ 4. 3 o O �.{ O r cd O O hal a) t) >1 U a _ „ .,. „ ❑ O ❑ ❑ ❑ � ;. cz Signed: a C rr Departmentd Date cO w° w° H Uv, Sk ❑ ❑ ❑ ❑ ❑ o w Reviewed and Approved: Reviewed and Approved: Finance Director Date City Manager Date