City of Simi Valley
Staff Report
S
eptember 21, 2026
To: Cit
y Council
Fr
om: Office of Emergency Services
Eileen Connors, Emergency Services Manager
Subj
ect: A dopt a resolution approving the mutual aid agreement between the City of Simi V alley and the A merican S ociety for the P revention of C ruelty to Animals
Sta
ff Recommendation
I
t is recommended that the City Council:
1. Adop
t Resolution No. 2026- 47 (Attachment A) approving the m utual aid agreement (Attachment B) between the City of Simi Valley and the American Society for the Prevention of Cruelty to Animals (ASPCA) to provide a framework for cooperation and coordination during emergency incidents and disasters involving animals; and
2. Aut
horize the Mayor to execute the agreement.
Ba
ckground
T
he ASPCA is a national nonprofit organization dedicated to preventing cruelty to animals and improving animal welfare throughout the United States. Through its National Field & Disaster Response Team, the ASPCA provides emergency assistance to state and local agencies during natural disasters and other incidents that result in large- scale animal rescue, sheltering, and care needs.
Di
scussion
T
he proposed agreement establishes the terms under which the City and the ASPCA may assist one another during qualifying emergency incidents. The agreement does not obligate either party to respond to every request for assistance. Instead, it provides a pre- established framework that governs the relationship whenever either party requests and accepts assistance. Under the agreement, the City may request ASPCA assistance when local resources are insufficient to address the needs of animals impacted by a disaster.
Assistance may include emergency sheltering, animal rescue operations, veterinary support, temporary animal housing, logistical assistance, and other specialized disaster response services.
Agenda Item No.
9B
The agreement also provides that, when appropriate, the City may transfer temporary physical custody of animals affected by a disaster to the ASPCA for emergency care and sheltering. The ASPCA agrees to provide appropriate housing, food, water, veterinary care, and other necessary services while animals remain in its temporary custody. Any permanent transfer of ownership of animals would require separate written agreements and is not authorized by this agreement.
T
he agreement establishes procedures for communication, coordination, and designation of authorized representatives before and during emergency operations. It also allows the ASPCA to request assistance from City employees or approved volunteers when additional personnel are needed during a response. City employees and volunteers who participate in an ASPCA operation remain employees or volunteers of the City, and the agreement expressly states that no employment relationship is created between the ASPCA and City personnel.
E
ach party is responsible for its own personnel, equipment, operational costs, insurance, and other expenses unless otherwise agreed to in writing. The agreement further includes provisions addressing confidentiality, publicity, insurance, ownership of equipment, use of organizational names and logos, and mutual indemnification. Each party agrees to defend and indemnify the other for claims arising solely from its own acts or omissions, while claims involving concurrent negligence are allocated in accordanc e with comparative fault principles.
T
he agreement is non- exclusive and does not restrict either party from entering into similar agreements with other organizations. Staff spoke with representatives of the Rancho Simi Recreation and Parks District (RSRPD) regarding this mutual aid agreement. As one of the City’s emergency evacuation partners, staff wanted to confirm there were no conflicts with the City’s existing partnership with RSRPD. Staff confirmed that RSRPD currently permits animals to be sheltered at the R ancho Santa Susana Community Center and both equestrian centers . ASPCA w ould provide cages, horse pens, pet food, and other resources but will not operate the shelter, so there would be no conflict. The agreement becomes effective upon execution by both parties and remains in effect until terminated by either party upon fifteen (15) days written notice.
A
pproval of the agreement will strengthen the City's emergency preparedness by establishing a formal partnership with a nationally recognized organization that possesses specialized expertise and resources for disaster animal response. Having the agreement in place before an emergency will enable a faster, coordinated response, improve animal care and sheltering during disasters, and support the City's overall emergency management objectives.
Fin
ancial Impact
T
here is no direct fiscal impact associated with approval of this agreement. Each party is responsible for its own personnel, equipment, insurance, and operational costs unless otherwise agreed to in writing. Should a future emergency response require expenditures 2 beyond existing appropriations, any necessary funding would be brought before the City Council in accordance with established City procedures.
C
ity Council Priority
T
his item supports the Excellent City Government and Public Safety Pillars of Excellence.
S
uggested Motion
I
move to:
1. A
dopt Resolution No. 2026-47 approving the mutual aid agreement between the City of Simi Valley and the ASPCA to provide a framework for cooperation and coordination during emergency incidents and disasters involving animals; and
2. Authorize the Mayor to execute the agreement.
Su
mmary
The proposed mutual aid agreement establishes a cooperative framework between the City of Simi Valley and the ASPCA to support emergency response efforts involving animals during disasters and other large- scale incidents. The agreement formalizes procedures for requesting and providing assistance, coordinating personnel and resources, and ensuring effective communication during emergency operations. The agreement enhances the City's ability to protect animal welfare during emergencies by providing access to the ASPCA's specialized expertise, personnel, and disaster response capabilities.
P
repared by: Shannon Johnson, Police Services Officer Attachments
Attachment A – Resolution No. 2026-47
Attachment B – Mutual Aid Agreement between the City of Simi Valley and the American Society for the Prevention of Cruelty to Animals
3 Attachment A
RESOLUTION NO. 2026-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SIMI VALLEY TO ADOPT A RESOLUTION APPROVING
THE MUTUAL AID AGREEMENT BETWEEN THE CITY OF
SIMI VALLEY AND THE AMERICAN SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS (ASPCA)
WHEREAS, the ASPCA is a not-for-profit organization that exists to provide effective means for the prevention of cruelty to animals throughout the United States (the “ASPCA Mission”); and
WHEREAS, the ASPCA’s National Field & Disaster Response team (the “ASPCA Field Team”), working in conjunction with local authorities, leads large scale operations (each an “Operation”) in response to natural disasters (each a “Disaster”) that cause animal suffering or create animal needs that cannot be met by a community, including but not limited to the City of Simi Valley, without outside assistance; and
WHEREAS, the City of Simi Valley wishes to facilitate the identification and coordination of assistance and animal rescue efforts in order to maximize the welfare of animals and their caretakers before, during, and after a major incident, and to minimize the loss of life and animal suffering that might occur following such an incident; and
WHEREAS, the City of Simi Valley determines that it is in the best interests of themselves and the communit y they shall assist to foster communications and the sharing of resources, personnel, and equipment in the event of an incident that threatens the welfare of animals; and
WHEREAS, this Agreement provides the broad framework for cooperation and communication between the ASPCA and the City of Simi Valley in providing assistance and service to animals impacted by disasters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council adopts the m utual aid agreement between the City of Simi Valley and the ASPCA.
SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the Office of the City Clerk.
PASSED and ADOPTED this 21st day of September 2026.
4 R es No. 2026-47
Attest:
Lucy Blanco, City Clerk Dee Dee Cavanaugh, Mayor of the City of Simi Valley, California
Approved as to Form: Approved as to Content:
Algeria R. Ford, City Attorney Samantha C. Argabrite, City Manager
5 Mutual Aid Agreement Between
The American Society for the
Prevention of Cruelty to Animals
and
City of Simi Valley
____________________________________
Attachment B
6 The purpose of this Mutual Aid Agreement (this “Agreement”) is to create a working relationship between The American Society for the Prevention of Cruelty to Animals (“ASPCA”) and City of Simi Valley, a California municipal corporation and general law city (the “Agency”) (each of the ASPCA and the Agency a “Party” and, collectively, the “Parties”). This Agreement shall be effective as of the date of the last signature below (the “Effective Date”).
RECITALS
WHEREAS, the ASPCA is a not-for-profit organization that exists to provide effective means for the prevention of cruelty to animals throughout the United States (the “ASPCA Mission”); and
WHEREAS, the ASPCA’s National Field & Disaster Response team (the “ASPCA Field Team”), working in conjunction with local authorities, leads large scale operations (each an “Operation”) in response to natural disasters (each, a “Disaster”) that cause animal suffering or create animal needs that cannot be met by a community, including but not limited to the Agency, without outside assistance; and
WHEREAS, the Parties wish to facilitate the identification and coordination of assistance and animal rescue efforts in order to maximize the welfare of animals and their caretakers before, during, and after a major incident, and to minimize the loss of life and animal suffering that might occur following such an incident; and
WHEREAS, the Parties to this Agreement have determined that it is in the best interests of themselves and the communities they shall assist to foster communications and the sharing of resources, personnel, and equipment in the event of an incident that threatens the welfare of animals; and
WHEREAS, this Agreement provides the broad framework for cooperation and communication between the ASPCA and the Agency in providing assistance and service to animals impacted by Disasters (as defined below).
NOW, THEREFORE, in consideration of the mutual promises of the Parties, the sufficiency of which is agreed to by both Parties, the Parties agree as follows:
I. CONCEPT OF OPERATIONS: Both the ASPCA and the Agency are separate and independent entities, and each Party is responsible for establishing its own policies and financing its own activities.
7 II. MUTUAL AGREEMENTS
A. This Agreement, standing alone, does not obligate either the ASPCA or the Agency to respond and/or to participate in any given Operation; however, if the ASPCA or the Agency does respond and/or otherwise participate in any given Operation, this Agreement shall govern such activities. This Agreement provides the broad framework for cooperation and communication between the ASPCA and the Agency by which assistance and service to the Animals in an Operation may be provided, as well as for other services for which cooperation may be mutually beneficial, as set forth in this Agreement.
B. The ASPCA Field Response Team may require the services of volunteers and/or other resources from the Agency in the event of an Operation;
C. The ASPCA and the Agency wish to create a mutually beneficial agreement outlining potential services that may be provided by each organization in the event of an Operation; and
D. The ASPCA and the Agency wish to establish, in advance of any request for assistance, the terms and/or guidelines that will govern a working relationship between the Parties.
III. ANIMAL CARE AND CUSTODY
A. If the Agency has authority over animals due to a Disaster, the Agency may give temporary physical custody of such animals to the ASPCA pursuant to this Agreement.
If the ASPCA has temporary physical custody of animals pursuant to this Agreement, the ASPCA shall provide such animals with adequate space and resources, including but not limited to providing proper food, water, shelter, exercise, socialization, enrichment, and appropriate veterinary care. The ASPCA may provide such services directly or through third parties that it selects, in its sole discretion.
B. In the event of an Operation, the ASPCA may accept animals for permanent placement. Any such transfers of ownership shall take place pursuant to separate written agreement(s) between the ASPCA and the legal owner of the Animal(s), whether the legal owner is the Agency or a third-party person or entity. The Parties understand and agree that no transfer of ownership of any animal shall take place except pursuant to such independently negotiated and separately executed transfer agreements.
8 IV. COMMUNICATION BETWEEN THE PARTIES
The Parties agree as follows:
A. Close communication shall be maintained between the ASPCA and the Agency through the use of meetings, telephone conferences, email, and/or other means in the event of a potential or actual Operation. Communication will include requests for assistance, situation reports, and other response-related communications. Each Party will share current data regarding the Operation, support requested, and ability to provide requested support, as further described in this Agreement. Interaction and liaison shall be encouraged at all levels of both Parties’ organizations.
B. The ASPCA and the Agency will distribute this Agreement internally as appropriate and shall urge full cooperation in the event of an Operation. Without limiting the generality of the foregoing, the Agency shall notify other potentially responsible governmental agencies, including but not limited to emergency management and appropriate Emergency Support Functions (ESF), law enforcement, and/or the fire department, of the arrangement between the Parties under this Agreement.
C. The ASPCA and the Agency will keep each other updated as to the individuals who may act on behalf of each Party (each, an “Authorized Representative”) in anticipation of or during an Operation. The Agency will update this link with its list of Authorized Representatives and will maintain its current contact information, which can be found here: https://airtable.com/shrMsRlQkdsWiYgWX . The list of Authorized Representatives for the ASPCA can be found here:
https://aspca.app.box.com/s/ea3ayi1i0s6jtoz0rca779kbz3i9m7zy. The ASPCA shall keep its list of Authorized Representatives updated with current contact information.
D. In no event shall the Agency use the ASPCA name or logo for any reason without the express written agreement of the ASPCA, in advance.
V. RESPONSE COORDINATION
A. Requests for Assistance. The Agency may directly contact the Authorized Representative of the ASPCA and shall provide them with the information set forth in Exhibit A when requesting assistance pursuant to this Agreement. The Agency may complete the form attached to this Agreement as Exhibit A or may provide the information by any other available means (e.g., email, online form found at https://airtable.com/appMGKuSkaWpXmLcU/pags9ge77eYgONcKN/form). The request shall also include information detailing the nature of the original request from the authorities authorizing the response, as applicable. It is understood between the Parties that any response to an incident will be based on the National Incident Management System model and fall under the umbrella of the established Emergency 9 Operations Center for each incident. The Agency shall only request the assistance of the ASPCA if the Agency has approval of the proper authorities that may be necessary for the ASPCA to provide the assistance requested.
B. Requests for Volunteers. In some instances, the ASPCA may request employees and/or volunteers of the Agency to assist with an Operation. This request will, in most cases, be made by means of an email or phone call from the ASPCA to the Agency. The provision of volunteers by the Agency shall be subject to the following:
1. Team Leader. If the Agency provides employees and/or volunteers to assist the ASPCA in an Operation (collectively, the “Agency Volunteers”), the Agency must designate one individual as the Agency Volunteers’ “Team Leader.” The Team Leader will act as the supervisor and primary contact for the Agency Volunteers on any given deployment and shall work with the ASPCA to ensure that the Agency Volunteers are appropriately and safely performing the functions for which they are volunteering and that any of the Agency Volunteers’ concerns are addressed to the best of the ASPCA’s ability. For the avoidance of doubt, the Parties acknowledge and agree that the ASPCA shall set forth the roles and duties of all responders for an Operation, including any Agency Volunteers. A Team Leader must be either:
a. An Agency employee; or
b. An Agency volunteer who has significant experience successfully managing volunteers on behalf of the Agency.
2. Dismissal of Agency Volunteers. The ASPCA reserves the right to require any Agency Volunteers to leave any given Operation for any reason or for no reason.
Such determinations shall be made in the sole and absolute discretion of the ASPCA.
3. Agency Volunteer Registration. Prior to participating in an Operation, each Agency Volunteer must register online through the ASPCA Responder Management Application (the “RMA”), available at
https://aspca.volunteerportal.org/?entry_point_type=global_entry_point&nd=user_volunt eer_application&chapter_id=14&entry_point_id=6&unit_id=13
4. . Each Agency Volunteer must provide all information and complete all trainings requested on the RMA. In addition, each Agency Volunteer must indicate that the Agency Volunteer is responding under another organization as a Response Partner Volunteer and agree to the Response Partner Volunteer Agreement and the Disclaimer prior to assisting with an Operation. Both the Response Partner 10 Volunteer Agreement and the Disclaimer can be completed online through the RMA.
5. Agency Volunteer Qualifications.The Agency shall ensure that each Agency Volunteer is either an employee of the Agency or approved as a volunteer of the Agency according to the Agency’s customary procedures for retaining volunteers.
The Agency shall use its discretion in providing qualified Agency Volunteers. The Agency hereby represents and warrants that any person designated as its volunteer (as opposed to its employee) is properly classified as such pursuant to applicable federal, state, and local laws.
6. No Employment Relationship. At all times, employees of the Agency shall continue to be employed solely by Agency and not by the ASPCA, and volunteers of Agency shall continue to be volunteers of the Agency and not of the ASPCA. The Agency will be solely responsible for (1) paying any and all compensation (wages, overtime wages, paid time off) to which Agency Volunteers are entitled; (2) providing any other legally required or agreed-upon employee benefits or entitlements; (3) providing workers’ compensation insurance as required by applicable law; and (4) fulfilling all other obligations, including income tax withholding, legally required with respect to their employment. Agency Volunteers shall not be eligible to participate in or be covered by any employee benefit plan or program sponsored by or through ASPCA and shall not be entitled to any compensation whatsoever from ASPCA. While Agency Volunteers may receive day-to-day guidance regarding discrete tasks relating to the Operation from the ASPCA, they will remain Agency employees and/or volunteers, subject to Agency’s supervision and direction.
Interactions between Agency employees and/or volunteers and ASPCA employees are not to be understood as creating an employment relationship between them and the ASPCA, or between the Agency and any employee of the ASPCA. Agency acknowledges and agrees that Agency Volunteers shall not be eligible to participate in or be covered by any employee benefit plan or program sponsored by or through the ASPCA, including, without limitation, medical, disability, or life insurance coverage, and shall not be entitled to any compensation from the ASPCA. Agency Volunteers are required to be covered by medical insurance (whether as part of group coverage offered through Agency or through an individual policy).
7. Volunteer Responsibilities. The ASPCA shall use its best efforts to provide a description of the responsibilities that will be performed by Agency Volunteers with respect to any given Operation in advance of requesting Agency Volunteers; however, the Agency understands and agrees that Agency Volunteers will generally 11 perform activities in a high-risk setting that are highly demanding both physically and mentally, and volunteers are often subjected to a significant level of physical and mental stress. For example, volunteers may be required to lift heavy items, and certain qualified volunteers may assist with technical rescue. The Agency shall use its best efforts to provide the ASPCA with only suitable Agency Volunteers who will be able to endure such conditions, and the Agency agrees that it shall be responsible for vetting any potential Agency Volunteers prior to deploying them to any Operation. The Agency shall convey any special requests of potential volunteers to the extent that such information is available to the Agency.
C. Third-Party Assistance: If the ASPCA determines that additional resources are needed beyond what ASPCA can provide directly, the ASPCA, in conjunction with the Agency, may coordinate the contact, activation, and deployment of its partner organizations to secure additional resources, subject to the terms of this Agreement.
The ASPCA may enter into agreements with its third-party partner organizations to govern such entities’ provision of volunteers or other resources to support deployments, such as an Operation.
VI. COSTS OF ASSISTANCE: Each Party shall be responsible for all of its own costs associated with such Party’s activities related to an Operation. The ASPCA and the Agency shall not be liable for any portion of any expenses incurred by the other unless it has been expressly agreed upon in writing, prior to the incurrence of the expense.
VII. RELATIONSHIP BETWEEN THE PARTIES: Nothing in this Agreement shall be so construed as to create a relationship of employer and employee, or principal and agent, partnership, or joint venture as between the ASPCA and the Agency. Nothing in this Agreement shall be so construed as to provide either Party with the authority to bind the other to any agreement, undertaking, cost, liability, or expense of any nature without the express written consent of the other.
Each of the ASPCA and the Agency shall be separately responsible for the operation and maintenance of its own equipment, and resources, and each Party’s personnel, equipment, and resources shall generally remain under the operational control of such Party. The ASPCA reserves the right to withdraw its resources at any time during an Operation, subject to reasonable notice to the Agency. The Agency shall provide the ASPCA with at least thirty-days’ advance notification of the Agency’s intent to disallow animals to have continued access to temporary housing operated by the ASPCA during an Operation and at least seventy-two hour advance notification of the Agency’s intent to withdraw any other resources or personnel that has been provided to assist the ASPCA during an Operation unless such notice is not practicable; in which case, such notice as is reasonable shall be provided. Equipment purchased in connection with 12 responding to a Disaster pursuant to this Agreement will remain the property of the purchasing Party, unless otherwise agreed in writing.
VIII. SELF-SUFFICIENCY: ASPCA personnel and equipment will be, to the greatest extent possible, self-sufficient for housing, food, and other logistical needs in areas stricken by Disasters.
IX. PUBLICITY: During a joint effort, reasonable efforts to promote the identity of both Parties shall be clearly communicated through all available means. The ASPCA and the Agency shall make every effort to keep the public informed of their cooperative efforts.
Whenever possible, onsite signage, press releases, interviews and other communications efforts shall indicate the involvement of both ASPCA and the Agency.
When possible, advance notice and review of releases/reports shall be given by each Party to the other, provided, however, that the Parties shall use their best efforts to complete any such review within twenty-four (24) hours from receiving the release or report. The Parties agree to share photography, videography and other materials that can be used for publicity purposes with the understanding that the Party responsible for procuring said materials is credited as the source; provided, however, that in the case of animal cruelty, the appropriate jurisdictional authority shall have the final approval on any press releases or photographs released in relation to such animal cruelty. The Parties acknowledge and agree that upon sharing any such photographs, videos, and/or other materials, the sharing Party is thereby granting the receiving party a license to use the shared content for any lawful purpose, including fundraising purposes. If applicable, Agency must also secure any and all necessary permission from federal, state, or local law enforcement, if necessary, for use of the materials and shall provide confirmation of such permission to the ASPCA. Without such permission, neither Party may use any materials for publicity purposes that were gathered at any actual or potential crime scene. If applicable, results arising from joint studies between ASPCA and the Agency shall be jointly owned and both Parties shall retain ownership and access without inhibition.
X. FUNDRAISING: The Agency recognizes the ASPCA’s dependence on voluntary public financial support to carry out its mission. The ASPCA shall be free to make special appeals to the public and to its members, if any, for funding.
XI. NON-EXCLUSIVE AGREEMENT: This Agreement is non-exclusive. The ASPCA and the Agency reserve the right to form similar agreements with other parties.
XII. INSURANCE: Each Party shall carry its own insurance covering its individual organization and activities related to the Operation.
XIII. ASPCA MISSION: In the course of assisting the ASPCA in an Operation, the Agency shall strive to support the ASPCA’s mission of providing effective means for the prevention of cruelty to animals throughout the United States.
13 XIV. CONFIDENTIALITY : The ASPCA and the Agency agree to keep, and to ensure that their respective employees, agents, representatives, and volunteers keep, confidential all materials and information that are provided by the other Party (as the “Disclosing Party”) in connection with its performance under this Agreement and that are not made available to the general public, including without limitation, financial information, and information and materials about either Party’s or its affiliates’ operations, campaigns, and/or strategic or tactical plans (collectively the “Confidential Information”).
Neither the ASPCA nor the Agency shall, and each shall ensure that its employees, agents, representatives, and volunteers shall not, use, disclose, or publish any Confidential Information without proper written approval of the Disclosing Party either during or subsequent to the term of this Agreement except that the ASPCA’s and the Agency’s employees, agents, representatives, and volunteers may use the information during the term of this Agreement to the extent (and only to the extent) necessary to perform services pursuant to this Agreement or as may be required by applicable law or pursuant to a lawful court order. All Confidential Information shall at all times be and remain the exclusive property of the Disclosing Party.
XV. LIABILITY, DEFENSE, AND INDEMNITY
A. Claims Arising from Sole Acts or Omissions of Agency: The Agency hereby agrees to defend and indemnify the ASPCA and its officers, agents, employees, volunteers from any claim, action or proceeding against ASPCA, arising solely out of the acts or omissions of the Agency in the performance of this Agreement. At its sole discretion, ASPCA may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve the Agency of any obligation imposed by this Agreement. ASPCA shall notify the Agency promptly of any claim, action or proceeding and cooperate fully in the defense.
B. Claims Arising from Sole Acts or Omissions of ASPCA: The ASPCA hereby agrees to defend and indemnify the Agency, its agents, officers and employees from any claim, action or proceeding against Agency, arising solely out of the acts or omissions of ASPCA in the performance of this Agreement. At its sole discretion, Agency may participate at its own expense in the defense of any such claim, action or proceeding, but such participation shall not relieve ASPCA of any obligation imposed by this Agreement. Agency shall notify ASPCA promptly of any claim, action or proceeding and cooperate fully in the defense.
C. Claims Arising from Concurrent Acts or Omissions: The Agency hereby agrees to defend itself, and the ASPCA hereby agrees to defend itself, from any claim, action or proceeding arising out of the concurrent acts or omissions of the Agency and the ASPCA. In such cases, Agency and ASPCA agree to retain their own legal counsel, bear 14 their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph XV(E) below.
D. Joint Defense: Notwithstanding paragraph XV (C) above, in cases where the Agency and the ASPCA agree in writing to a joint defense, the Agency and the ASPCA may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of ASPCA and Agency. Joint defense counsel shall be selected by mutual agreement of the Agency and the ASPCA. The Agency and the ASPCA agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph XV(E) below or as otherwise provided in such written joint defense agreement. The Agency and the ASPCA further agree that neither party may bind the other to a settlement agreement without the written consent of both Agency and ASPCA.
E. Reimbursement and/or Reallocation: Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, the Agency and the ASPCA may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments, and awards, consistent with such comparative fault.
F. Limitation of Liability. Neither Party shall be liable to the other Party for any incidental, consequential, indirect, special, or punitive damages arising in connection with this Agreement or its termination or the breach of any obligation arising hereunder, whether for breach of contract, tort, negligence, or other form of action.
XVI. ENTIRE AGREEMENT; AMENDMENT; COUNTERPARTS: This Agreement constitutes and contains the entire agreement between the Parties with respect to the subject matter herein, supersedes all prior written or oral understandings and agreements relating thereto, and may not be changed, modified, amended, or supplemented, except by written agreement of both Parties. This Agreement may be executed in counterparts, each of which shall be deemed an original, and which collectively will be deemed one document. This Agreement may be executed electronically, and such signature shall have the same effect as an original signature. By signing this Agreement, the signer represents that they have the authority to bind the Party on whose behalf the signer has executed the Agreement.
XVII. TERM, TERMINATION: This Agreement shall be effective as of the Effective Date and shall remain in effect until terminated by either party upon fifteen (15) days’ written notification to the other party.
[Signature page follows.]
15 Approved and agreed to by:
ASPCA
___________________________________ ________________________ Tim Rickey Date
Vice President, National Field & Disaster Response
American Society for the Prevention of Cruelty to Animals 424 East 92nd Street
New York, NY 10128
AGENCY: City ofSimi Valley
_______________________________ ____________________ Dee Dee Cavanaugh Date
Mayor of the City of Simi Valley, California
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attest:
_______________________________
Lucy Blanco, City Clerk
Approved as to Form:
_______________________________
Algeria R. Ford, City Attorney
Approved as to Content:
_______________________________
Samantha C. Argabrite, City Manager
16 EXHIBIT A [FILL OUT ELECTRONICALLY SUBSTANTIALLY IN THIS FORM]
REQUIRED INFORMATION
Each request for assistance shall be accompanied by the following information, to the extent known:
1. General description of the damage sustained or threatened:
2. Identification of the emergency service function or functions for which assistance is needed (e.g., emergency medical, search and rescue, transportation, communications, planning and information assistance, resource support, assistance with investigations of alleged animal cruelty, and other services, etc.), and the particular type of assistance needed:
3. Identification of the type of assistance needed:
4. Amount and type of personnel, equipment, materials, and supplies needed and a reasonable estimate of the length of time that each will be needed:
5. Need for sites, structures, or buildings to serve as relief centers or staging areas for incoming personnel, goods, equipment, and services:
6. Estimated time and a specific place for a representative of Agency to meet the personnel and equipment of the ASPCA:
7. List the names of other organizations which you have also asked to help or with which you have an existing MAA or MOU:
8. Please list what services you, or another organization, are willing to provide:
17