HomeMy WebLinkAboutMemorandum of Understanding with Multiple Agencies for Police Department Canine Holding FacilityOF
FQR USE
Cnr~ HOLptric
of Meridian; Idaho.
state of Idaho, by as
for the purpose of establishing the mutually-understood and agreed rights, responsibilities, and
conditions of such municipal corporation's law enforcement agency's temporary use of the
Meridian Police Department"canine Holding Facility;
IC. RECITALS
WHEREAS, the City of Meridian owns and operates the Meridian Polioe Department
Canine Holding Facility for the boarding and care of pGlice dogs; and
WHEREAS, the,above-mentioned municipal,corporation's Iaw enforcement agencyhas
requested that khe City of Meridian allow law enforcement oftYCers employed by such agency to use
the 1vleridian Police Department Canine Holding Facility for the boarding and care`of its police
dog(s) on a temporary basis; and
WHEREAS, the City of Meridian has deeme~
triake the Meridian Police Department Canine Holdin
agencies on aYemporary basis, without charge and as
coopewation,andsuppom of law enforcement K-9 pro€
elsewhere;
IVOW THEREFORE, in :consideration ofthe;recitals set forth above, and the mutual terms,
conditions, and covenants contained herein, the parties agree as follows,
tl. DExnvlrloNs
As used herein, these words shallbe defined as follows;
A, CrrYS The City. of Meridian, Idaho, municipal subdivision of the State of Idaho.
$. EFr->;cTrvt•; DATE: The date upon which the respective governing'bodies of the Parties
hereto effectuate this MOU by a duly authorized signatory.
C FA.cn,iTY: The Meridian Police Department Canine Holding Facility, owned by the City of
Meridian and operated by the Meridian l'olicc Department, and located at 1401 East.
Watertpwet Ave., Meridian, Idaho.
D. GUEST:. The governing board of the municipal corporation's law'enforcement agency.
signatory to this lVIOU who seeks to temporarily utilize the Facility for temporary boarding
of its police dog(s), and each and all of such governing board's agents, elected or appointed
officialst employees, volunteers, and/or officers who enter City premises for any purpose,
MOU AJ1TI-I GUEST AGENCY FGR USE Ur MPD CANINE FACILITY PAGE 1 OF
including but not limited to: delivering police dog(s) to and/or removing police dog(s) from
Facility; visiting, exercising, feeding, watering, checking on, dr caring fot Guest's police
dog(s) boarded at Facility;;andldr entering or touring Facility for informational or
educational purposes.
~. 1VIOU: The instant IntergovernmentalMemOrandum of Understanding for Use of Meridian
Police pepartment Canine Holding'Facility.,
F. 1VIPD: The Meridian Police Department of the City of lvleridian, Idaho.
G, POLICE DOC: A canine owned, t>•ained, and/or utilized by govenimental law enforcement
agencies for law enforcement putposcs, including, butnot limited to, patrol, apprelicnsian,
search; rescue, explosive, and drug detection:
III. MPD'S COMMITMENTS
:A. Reservation of space. MPD shall process requests for temporary boarding and useof the
Facility in the order such requests are received. Upon Guest's verbal or written request to
MPD for the use of the Facility, and so long as Facility space and MPD staffmg resources
ate available, MPD shall reserve and allow the use of the Facility for the date(s), time{s),
law enforcement officer(s), and police dog(8) ns requested.
B. Temporary access to Facility. The.~acility is locked and secured at all times, and access
thereto is limited: Pursuant to the terms of this MOU, MPD wiU provide to'Guest means Df
access to the Facility during the scheduled temporary use of the Facility:
C: Facility control and maintenance, At all times, the Facility shall remain under the
authority'and control of MPD. Decisions regarding staffing, climate control, sanitation,
maintenance, and access shall be made solely by MPD. MPD shall meet practicable
standards of safety, security, and habitab'ility':
D. Boarding. Though Guest shall he required to check ona boarded police dog at the Facility
at least twice daily, in Guest's absence and as authorized in advance, designated MPA
canine lave enforcement officers will feed, water, and exercise a boarded police dog,
according'to written instructionsprovided by Guest
E. Obtain necessary veterinary c
exhibiting any other behavior th
treatment, MPI) shall provide a
attention to theBoise police Ca
examination and on behalf of G
medication, tluarantine, or host
MOU WITH GUESTAGENCY P4R USE dFMPD CANINEFACILITY.
ppears to be ill, injured, oi=
Ie dog may need medical
the dog may need medical
PAGE 2 OF 6
IV. GiJEST'S COMMITMENTS
A. Procedures, Guest shall follow MPD procedures, policies, and protocols regarding;use of
the Facility at all times.
B, Access.: Guest's'authority o access'MPI) and/or Facility shall be limited to the duration and
scope of each scheduled temporary use. Upon Guest's:departure from Facility, following
each and every scheduled temporary use of Facility, Guest shall return to City any and all
temporary badge(s), key(s), prox card(s), and/or other means of access m Facility. Guest's
authority to access Facility` is specific to the p8rson(s) enumerated for eaCtt scheduled
temporary use and shall be nontransferable, Guest shall not permit access to any civilians or
Boise Police Volunteers. Guest shall not share access codes, badges, keys, prox cards
and/or other means of access to Facility with any other:perso~ without City's prior Written
consent. Guest shall notify City immediately .upon Guest's discovery of any loss, theft, or
destruction of any cade, badge, key, prox card, granted to Guest by IV1PD.
C. Twice daily Presence at Facility: Guest shall ensure that its law enforcement officer
physically appears at Facility at least twice on each and every day that Guest's police dog is
boarded at the Facility, for the purpose of feeding, watering, and exercising the boarded
police dog, unless alternative advance arrangements have been authorized'by MPD for
designatCd IvIPD canine iaw enforcement officers to feed, water, .and exercise the boarded
`` polirk dog, according to written instnictions provided by Guest...
D. Healkh .certification. Guest shall comply with all Ml?D canine health certification
xequirements as to all boarded police dogs. MPD may cancel a boarding reservation With no
prior notice to Guest if Guest's police dog is infected with or has been exposed to rabies,
parvovirus, distenyper, kennel cough, or other infectious disease or illness within a thirty
(30) dayperiod prior to boarding at the Facility,
E, veterinary care authorized. Guest shall, and hereby does, authorize Ml'b to seek
veterinary services, including examination, treatment, surgery, medication, quarantine, or
hospitalization that may be necessary to treat the dog. Guest shall reimburse the City of
Meridian, the treating veterinarian(s), and/or other service provider(s) forany and all costs
ielated,to veterinary careprovided.
F': Insurance. City shall not provide insurance: or benefit coverage of any kind to cover loss,
theft, injury, illness, death, or damage to Guest's policC dog, agents, employees, or other
person 9r property. Insurance of Guest, Guests police dog(s), property, and/or interests
shall be the sole responsibility of Guest. Guest shall obtain all necessary insurance as may
be required in order to protect Guest's insurable interests as maybe related to use of the
Facility by 4uest; including, but not limited to liabilityinsurance~ automobile insurance,
worker's Compensation insurance, and/Gr insurance of the police dog(s) to be boazded at the
Facility. Guest shall bear any and all .known aril unknown risks of and actual, loss, tiieft,
and/or damage related to use ofthe Facility by,Guest, City may seek reimbursemenYfrom
Guest for any damage to the Facility :caused by Guest and/or Guests police.. dog that exceeds
reasonable wear'and tear,
MOU W1TH GUESTAGHNCYJ~ORUSE aP MPD CAN[NLi FACILrrX PAOS3 OY 6 '
V.'GENEItAL PROVISIONS
A_ . Assumption oS Fisk. Griest acknpwledges that use of the Facility may carry risks of injury
to, death of, damage to, and/or loss of Guests police dog, or to other persotas or dogs, some
of which risks are unknown, and Guest hereby accepts and assumes all known and unknown
risks and hazards related to Guest's use oftheFacilty.
B. lndemnifieation. m consideration of permission from the City of Meridian to enter and use
the Facility, Guest hereby agrees to indemnify, defend, and save and hold harmless the City.
of Meridian, its employees; agents, officers, volunteers, and guests from and against any and ',
all demands, suits, actions; claims, osses, judgments, damages, expenscs, or costs, whether
or riot meritprious, including, without limitation, attorneys' or other professional fees, in
conjunctian with any injury, death, ordamage to Guest's police dqg boarded at Facility, to
other police dogs boarded at Facility, and to other persons or properky, arising out of,
relating to, or eause~ or incurred by i^iuest aud/or Guest's police- dog, except fpr those
resulting from the tortious conduct of City or City's agents or employees.
C. Release of liability. ;Guest forever waives and releases, :on behalf of the Guest and the
agents, employees, heirs,.exeeutors, administrators, assigns, and/or personal representatives
thereof, any and all claims andlor rights far damages that Guest or such other persons or
entities. now have or may have hereafter have against the City of Meridian and/or its
employees, agents, officials, affieers, valunteers, and guests, suffered in connection with or
arising: out of the use of the Facility, except for those resulting from the tortious conduct o£
City dr City's agents or'employees
A. Team of MOU. Unless earlier terminated by either Party or modified in writing by both
Parties, this MOU and all terms and :conditions hereof shall be in effect for: a term of one (1)
year from the Effective Date, and shall renew'autptnatically pn an annual basis.
E.
MOU WITHGUE$TApGNCY3'OR USG OF MPDCANnvE FACIU77. PAGE4of 6
F, ' Termiaatou without cause, Either party may terminate this MOU for any reason at any
time by giving at least seven (7) days written notice to the other party in the matter
established herein.
G. iVon-waiver. A waiver of any breach or default of any;provision:of this MOU shali not be
construed as a waiver of a breach of the same ar any other provision hereof.
H. Relationship of Parties. It is the express intention of the parties hereto that Guest is, and at
all times relevant hereunder shall be; an independent party and not an employee, agent, joint
'Venturer, or partner of City, Nothing in this MOU shall be interpreted or construed as
creating or establishing the relationship of employei and employee between City and Guest
or between Gty and any official, agenk, or employee of Guest
I. Compliance with laws. In the performance ofthis MOTJ, Guest shall comply with any and
all applicable federal, state, and local laws.
J, Entire agreement. This MOU constitutes the entire understanding between the Parties.
This MOU supersedes any and all statements, promises,; or inducements made by either
party, or agents of either party, whether oral or written, and v~hetlter previous to the
execution hereof or contemporaneous herewith. The terms of this MOU tnay not be
enlarged, modified or altered except upon written addendum signed by both parties hereto.
K M4U governed 6y Idaho law. The laws of the State of Tdaho shall govern the validity,
interpretation, :performance and .enforcement of this MQU. Venue shall be in the courts of
Ada County, Idaho.
L. Advice of Attorney. Each party. warrants and represents that in executiog this MOU, it has
received independent legal :advice from its respective attorney and/or has received the
opportunity o seek such advice.
M. Cumulative. rights and remedies. All rights and remedies herein enumerated shall be
Cumulative and none shall'exalude any other tight or remedy allo+lVed bylaw. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be fo the exclusion
of any either remedy.
N Severability. If any provision of this MOU is found by a court of competent jurisdiction to
be illegal; invalid, or unenforceable, the remainder of this MOU shall not 1?e affected:
O Successors and assigns, Except as otherwise specifically established herein, all of the
terms, pzovisions, covenants and conditions of this MOLT shall inure ko the':benefit of, and
shall be'binding upon, each party and their successors, assigns, legal representatives,'heirs,=
exeoutars, and adminisktators.
1'. Notice, Any and all notice required tp be provided by the Parties hereto, unless otherwise.
stated in this MOJ, shall be in writing and shall be deemed communicated upon mailing'by
United States Mail, addressed as follows
MOU WrrA CiUESTAUENCY F'OR USE Up MPD CANfNE FACILITY PAGE 5 OF 6
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