HomeMy WebLinkAbout1995-076
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RESOLUTION NO. 95-76
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF A MUTUAL ASSISTANCE AGREEMENT FOR ANIMAL CONTROL.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Director of Animal Control of the City of
San Bernardino is hereby authorized and directed to execute on
behalf of said City a Mutual Assistance Agreement relating to
emergency animal care and control services, a copy of which is
attached hereto, marked Exhibit "1" and incorporated herein by
reference as fully as though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the city of San
Bernardino at a regular
meeting thereof, held on the
20th
March
, 1995, by the following vote to wit:
day of
Council Members
AYES NAYS ABSTAIN ABSENT
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x
x
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x
c~ ~
NEGRETE
CURLIN
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HERNANDEZ
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OBERHELMAN
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DEVLIN
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POPE-LUDLAM
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MILLER
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2-21-95
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A MUTUAL ASSISTANCE AGREEMENT FOR ANIMAL CONTROL.
The foregoing resolution is hereby approved this J.] (tj day of
March
, 1995.
~- -- -"t// \
--7 t"yry\ /?L ~vu<s()1....
Tom Minor, Mayor
city of San Bernardino
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7 Approved as to form
and legal content:
8 JAMES
City
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10 By:
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Exhibit "1"
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MUTUAL ASSISTANCE AGREEMENT
THIS AGREEMENT is made and entered into this day of
and among the following signatory parties to this Agreement
1995, by
WHEREAS, each of the following signatories as attached hereto as Exhibit A, operate
aniiTlal cuntrol and/or anlfiial vv"elfarc organizations "Vvithin their respective jurisdictions,
and
WHEREAS, it is the desire of each of the parties hereto to render assistance to every
other party hereto to combat the effect of fire, flood, disaster, or emergency affecting
animals and their owners, when such assistance is necessary as herein identified, and
WHEREAS, the partics hereto desire to enter into a mutual assistance agreement in
recognition of and to further the above stated objectives,
NOW THEREFORE, the parties hereto mutually agree as follows:
L To furnish personnel resources and facilities and to render such services to each
other as is reasonably possible and as may be necessary to control animal related
problems during fire, flood, disaster, or any emergency involving animals of such
magnitude that is, or is likely to be beyond the control of a single party and
requires the combined forces of the parties hereto.
2, Such mutual aid shall be provided within the limits of the jurisdiction requesting
provided, however, that none of the parties hereto shall be required to
unreasonably deplete its own sources, personnel, service and facilities in
furnishing such assistance.
PAGE
OF
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Exhibit "1"
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3. No response to a mutual assistance request provided for in this agreement will be
made by the parties hereto unless such request is received through the established
communication channels by a responsible official of the party requesting such
assistance.
4. Any mutual assistance extended under this agreement is done with the expressed
understanding that the responsible local official in whose jurisdiction an incident
requiring mutual assistance has occurred shall remain in charge at such incident
including the director of such personnel and equipment provided through the
operation of this mutual assistance agreement.
5. This agreement for mutual assistance shall constitute the sole consideration for
performance hereof and no party hereto shall be obligated to reimburse any other
party hereto on account of any action taken or assistance rendered hereunder, or
for any use of material, damage to equipment, or liability incurred, which may
occur in the course of rendering assistance herein provided for. The requesting
agency will provide necessary services for responding personnel.
6. This agreement shall remain in full force and effect from the date hereof until
terminated by the parties hereto, provided, however, any party hereto may
withdraw from this agreement by giving thirty (30) days notice in writing to all
other parties.
7. The parties to this agreement hereby agree to indemnify and defend each other
against and to release and hold each other harmless from any and all loss, damage
and liability for damages or settlement costs, including attorney's fees and other
cost of defense incurred by a party, whether for damage to or loss of property, or
injury to or death of person, including the property of any party and/or injury to or
death of any party's officers, agents and employees, which shall in any way arise
out of or be connected with operations provided hereunder, to the extent such
damage, loss, injury or death is caused by the act, failure to act or negligence of
the indemnifying party during the emergency, and to the extent that the loss,
damage and liability arises from a claim, demand or cause of action by one not a
signatory to this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
as of the day and year herein written:
OF
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Exhibit "1"
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Exhibit A
ENTER SIGNATURE OF AUTHORIZED OFFICIAL, DATE, AND TITLE.
Signature:
Title:
Agency:
Date:
Signature:
Title:
Agency:
Date:
Signature:
Title:
Agency:
Date:
Signature:
Title:
Agency:
Date:
Signature:
Title:
Agency:
Date:
Signature:
Title:
Agency:
Date:
Signature:
Title:
Agency:
Date: