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f <br />A-2005-164 <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />SANTA ANA UNIFIED SCHOOL DISTRICT <br />REGARDING SALE OF K-9 OFFICER <br />This Agreement, made and entered into this I day of June, 2005, by and <br />between the City of Santa Ana, a charter city and municipal corporation of the State of <br />California ("CITY") and Santa Ana Unified School District, ('DISTRICT"), <br />WITNESSETH <br />Recitals: <br />A. The CITY owns a Belgian Malinois known as canine officer Rudy (hereinafter <br />"said animal"). The Chief of Police has determined that said animal is no longer <br />needed as an active member of the K-9 unit. <br />B. The District acknowledges, agrees and represents that it will fully inspect said <br />animal prior to possession. The District further warrants that possession of said <br />animal constitutes an acknowledgement that said animal has been inspected and <br />that District finds and accepts said animal as being safe and reasonably suited for <br />the District's intended purpose. <br />C. The District wishes to purchase said animal for use by the Santa Ana Unified <br />School District Police. <br />WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a <br />substantive part of this Agreement and the following terms and conditions are approved <br />and shall constitute the entire Agreement between the CITY and DISTRICT: <br />I. City shall transfer and deliver to District, and District shall accept and pay <br />$3,000.00 for said animal. <br />2. THE DISTRICT HEREBY RELEASES, WAIVES, DISCHARGES AND <br />COVENANTS NOT TO SUE the CITY OF SANTA ANA, its officers, employees, <br />agents and volunteers (hereinafter referred to as "City") from any and all liability to the <br />District for any loss or damage, and any claim or demand therefor on account of injury to <br />or death of any person, including employees, agents and contractors of the District or any <br />third party, or property damage, whether caused by the negligence of the City or <br />otherwise, arising from the possession of said animal. <br />3. THE DISTRICT HEREBY AGREES TO INDEMNIFY AND SAVE AND <br />HOLD HARMLESS the City from any loss, liability, damage or cost District may incur <br />due to the possession of said animal whether caused by the negligence of the City or <br />otherwise. The District recognizes that said animal was trained and used as a police <br />7 <br />