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Home My WebLink About2023 CON Officer Daniel Scanlon - Ownership for Retired Service DogTRANSFER OF OWNERSHIP FOR RETIRED SERVICE DOG, WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND OFFICER DANIEL SCANLON )r. . i THIS AGREEMENT ismade andentered into this ‘')1 day of 11(11 2023, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Officer Daniel SCANLON ("SCANLON"), in his individual capacity (collectively, "the PARTIES") pursuant to the following facts and circumstances. F-j , lb, \ ' r f • " ,i/' . :,\\ \ , \ , ILI' IG' , 1� it 11 V' WHEREAS,- the National City Police Department's Canine Unit has one K-9 Officer known as Officer ROCKO, a Belgian Malinois; and WHEREAS, t te_Cfl `4 Y' e r to retire -p, Officer R C .; :end-- \\1S},�k4 . 1 !�+'., ,,' WHEREAS, in keeping with past practice and the proud traditions of the National City Police Department's Canine Unit, Police Service Dog Handler SCANLON has been given the option of taking over ownership of K-9 Officer ROCKO; and WHEREAS, SCANLON is aware of the dangers inherent in ownershipof a g taking trained service dog and is willing and able to bear all responsibility for the canine; and 4`.011P't te41 11.4101 NotalagIMI:*" WHEREAS SCANLON desires complete -r - 1- i� retired � p e tra nse o� oa�rners � � p� of reti Officer "ROCKO" and the CITY desires to relinqui h all ownership rights. h vt t.. Y l ' . „ - .i •J 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 SCANLON, the parties do mutually agree as follows: 1. The CITY agrees to assign, convey and transfer all rights, title and erest in the dog known as K-9 Officer ROCK° to SCANLON `V ` '` `y rip* ,• i' s .� ;� i . p1� , /L . c-ig,141i-a-4fi. q11 Aye .fi4 114 1� ,,'• , ,, �': • . _.YIq rI,7.);., 7 �1 .t4. M?�r � «it � N r r I 2. SCANLON also hereby accepts the following conditions of safe: w F ; r •" Ifs i_4 j f - W r A +4 I .tie - .# ,r a. SCANLON will not sell or give away K-9 Officer ROCKO, without the written approval of the CITY, b. SCANLON will use K-9 Officer ROCKO only as a pet. c. SCANLON will not use K-9 Officer ROCKO as a detection, rescue or service animal in any capacity, without the written approval of the CITY. 3. Acknowledgment of Training and Release of Liability. In accepting transfer from the CITY of the dog known as K-9 Officer ROCKO, SCANLON recognizes that said canine has received training in police procedures and tactics and by acceptance of this canine, SCANLON, for and in consideration of the transfer to him of K-9 Officer GY/0 1 1 Retired K-9Transfer of Ownership Hold Harmless Agreement ROCKO, 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. SCANLON 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 canine. It is further understood by SCANLON that, in consideration of this transfer, the CITY makes no representations concerning the health of the canine, which is transferred "as ie and SCANLON assumes all responsibility and obligation for the condition, care and acts of said canine. 4. indemnification and Hold Harmless. SCANLON agrees to assume any and all -risks -from ---,from the date first written above and SCANLON -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 reaso4ble attorney's fees incurred by the CITY, its officers, employees and acents in defensethereof, 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 dr. 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 inter retation{or determination of the validityof p 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. ', 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. . Assignment & Asution of Rights. SCANLON shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. 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. GY/08121 Retired - Tran fer of Ownership Hold Harmless Agreement 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 SCAILH's family and spouse, if SCANLON is alive, and his/her heirs, assigns and personal representative, if -SCANLON 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 hasconsulted 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 WIT SS WHEREOF, the parties hereto have executed this Agreement on the date and =ar first ab written. Daniel Scan s ' ott Huth, Interim City Manager APPROVED AS TO FORM: Barry S CityAttorney GY/08/21 ad,' /2 3 3 Date:745/ZO23' Date: f'7/a�/c'YL�3 Date: 31/AVO Retired -9 T ransfer of Ownership Hold Harmless Agreement ••••—••••-•.•—•-m•—•-•-• —Ler