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Home My WebLink AboutContracts & Agreements_25-2022CITY OF REDLANDS "RETIRED" POLICE DOG RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT This Release, Waiver of Liability and Indemnification Agreement ("Agreement") is made and entered into as of the date indicated below by and between and City of Redlands, a municipal corporation ("City") and Joseph Valdivia ("Police Officer") as follows The City of Redlands hereby transfers ownership of DUKE ("Retired Police Dog"), a trained police dog, to Police Officer, and will riot 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 agrees to the following waiver, release, and agreement to indemnify City, its officials, officers, employees and agents (collectively the "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, causes of action, and other means of recovery, of whatever nature, for injuries to persons (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 and after 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 or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor" Police Officer expressly waives and relinquishes any right and benefit which he or she 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 Police officer understands and acknowledges the significance and consequences of this specific waiver of Section 1542 of the California Civil Code t L;1ca\djm\Agreements\Retired Police Dog Release A,greement.Duke.doc jn 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 recovery, 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 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 this 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). Address. (N, Signature, Notary's Acknowledgement Required 2 L;lea\djm\Agreements\Retired Police Dog Release Agreement.Duke.doc jn Date 2 f-- 2.Z CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California County of°Al 2rncLira.i('t On I--2k) 1-1 UJ22 before me,��( �-� t . �v�� C, , I j Here Insert Name and Title of the Officer i personally appeared D 4)h V Ni` CL1 V . c� Name(s) of Signer(s) Date who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature (11 �CLu (4 1/ Si g natu ' pf NotaryPublic � Hub MILLER _ C Notary Public California San Bernardino County Commission X 2320893 My Comm Expires Feb 9, 2024 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. ff apG� Description of Attached Document II �� I ICI V j tiC�� t ``1 Title or Type of Document Vet-1(.Q(a I OLIer` Docume Dale. Number of Pages Signer(s) Other Than Namseed Above 10 r' A Capacity(ies) Claimed byS.igne (s) Signer's Name r1�I C 1 v Corporate Officer — Title(s) Partner — ❑ Limited 0 General K Individual L Attorney in Fact i. Trustee n Guardian or Conservator Other Signer Is Representing 6(?..1 Signer's Name Corporate Officer — Title(s) ❑ Partner — ❑ Limited Li General i Individual ❑ Attorney in Fact J Trustee -Cf Guardian or Conservator .J Otherr — - signer Is Representing ©2014 National Notary Association • www NationalNotary org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ASSET RETIREMENT FORM I am requesting approval to dispose of (retire) the following assets in the manner listed below Description of Property Police K9 Dog DUKE Owned by Which Department Method of Retirement Redlands Police Department Sold to Handler for $1 00 Signed d4z.zd 111417-0 Department Head Date Reviewed and Approved Reviewed and Approved Finance 1 rector 2 //o/tD z z- Date ix 01044 *city -Manager 3 C:\UsenkmillerkAppData'L llMicrusoftiWindows\ INeiCacheTentent.Outlook`DXMDW9UN1Retired Police Dog Release Waiver of Liability Agreement DUKP 2022.dnc Date