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HomeMy WebLinkAbout2021 CON Transfer of Ownership for Retired Service Dog Waiver of Liability and Hold Harmless Agreement - Corporal Joseph Camacho - K-9 DukeTRANSFER OF OWNERSHIP FOR RETIRED SERVICE DOG, WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CORPORAL JOSEPH CAMACHO THIS AGREEMENT is made and entered into this I Tday of n9-.0414- 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation he "CITY"), and Corporal Joseph Camacho ("CAMACHO"), in his individual capacity (collectively, "the PARTIES") pursuant to the following facts and circumstances. RECITALS WHEREAS, the National City Police Canine Unit has one K-9 Officer known as Officer Duke, a Dutch Shepherd; and WHEREAS, the CITY desires to retire K-9 Officer Duke; and WHEREAS, in keeping with past practice and the proud traditions of the National City Police Department's Canine Unit, Police Service Dog Handler CAMACHO has been given the option of taking over ownership of K-9 Officer Duke; and WHEREAS, CAMACHO is aware of the dangers inherent in taking ownership of a trained service dog and is willing and able to bear all responsibility for the animal. WHEREAS, CAMACHO desires complete transfer of ownership of retired police service dog "Duke" and the CITY desires to relinquish all ownership rights. NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom and One Dollar ($1.00) and other good and valuable consideration received by the City from CAMACHO, the parties do mutually agree as follows: 1. The CITY agrees to assign, convey and transfer all rights, title and interest in the dog known as K-9 Officer Duke to CAMACHO. 2. CAMACHO also hereby accepts the following conditions of sale: a. CAMACHO will not sell or give away K-9 Officer Duke, without approval of the CITY. b. CAMACHO will use K-9 Officer Duke only as a pet. c. CAMACHO will not use K-9 Officer Duke as a detection, rescue or service animal in any capacity, without the written approval of the CITY. d. CAMACHO 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 occurrence and $300,000 aggregate. GY/01/21 1 Retired K-9Transfer of Ownership Hold Harmless Agreement 3. Acknowledgment of Training and Release of Liability. In accepting transfer from the CITY of the dog known as K-9 Officer Duke, CAMACHO recognizes that said animal has received training in police procedures and tactics and by acceptance of this animal, CAMACHO, for and in consideration of the transfer to him of K-9 Officer Duke, agrees to hold harmless the CITY, the National City Police Department, and its officers, employees and agents from any and all liability whatsoever that might arise from acts engaged in by the forenamed canine resulting from his training as herein described, as well as any other acts of said canine whether or not attributable to such training. CAMACHO further agrees to waive any and all claims of liability insofar as the CITY, the National City Police Department, its officers, employees and agents are concerned that might arises as a result of his use and/or possession of said animal. It is further understood by CAMACHO that, in consideration of this transfer, the CITY makes no representations concerning the health of the animal, which is transferred "as is" and CAMACHO assumes all responsibility and obligation for the condition, care and acts of said animal. 4. Indemnification. CAMACHO agrees to assume any and all risks from the date first written above and the CAMACHO further agrees to release, indemnify and promises to defend and hold harmless the CITY, its officers, employees and agents from and against any and all liability, injuries, loss, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by the CITY, its officers, employees and agents in defense thereof, asserting or arising directly or indirectly on account of or out of said canine's activities from date of said transfer; provided, however, this paragraph does not purport to indemnify the CITY against liability for any activities of said canine prior to said transfer date. 5. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. 6. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. 7. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8. Assignment & Assumption of Rights. CAMACHO shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. GY/01/21 2 Retired K-9Transfer of Ownership Hold Harmless Agreement 9. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. 10. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. 11. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 12. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. It is the express intent of this Agreement to further bind the members of CAMACHO's family and spouse, if CAMACHO is alive, and his/her heirs, assigns and personal representative, if CAMACHO is deceased, as a release, waiver, discharge and covenant not to sue the above -named releasee. 13. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. acho, Cor.oral Jose Teiz Chief • olice Brad Rp.a r • �m ity Manager GY/01 /21 3 Date: is siz Retired K-9Transfer of Ownership Hold Harmless Agreement APPROVED AS TO FORM: Charles Bell, Jr City Attorney • GY/01 /21 4 Retired K-9Transfer of Ownership Hold Harmless Agreement