Canine Holding Facility with Bingham CountyINTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING
FOR USE OF MERIDIAN POLICE DEPARTMENT CANINE HOLDING FACILITY
This INTERGOVERNMENTAL MEMORANDUM OF UNDERSTANDING FOR USE OF THE MERIDIAN
POLICE DEPARTMENT CANINE HOLDING FACILITY is made this 113 day of A; ®S- 2017 ,
by and between the City of Meridian, Idaho and n ka L,J4 S 4,e rif s' QWite-
NAME OF GOMNMENTAL AGENCY
a governmental agency, for the purpose of establishing the mutually -understood and agreed rights,
responsibilities, and conditions of such governmental agency's temporary use of the Meridian
Police Department Canine Holding Facility.
I. RECITALS
WHEREAS, the City of Meridian owns and operates the Meridian Police Department
Canine Holding Facility for the boarding and care of police dogs; and
WHEREAS, the above-mentioned governmental agency has requested that the City of
Meridian allow law enforcement officers employed by such agency to use the Meridian 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 deemed it to be in the interest of its K-9 program to
make the Meridian Police Department Canine Holding Facility available to other law enforcement
agencies on a temporary basis, without charge and as space allows, so as to foster a spirit of
cooperation and support of law enforcement K-9 programs throughout the state of Idaho and
elsewhere;
NOW THEREFORE, in consideration of the recitals set forth above, and the mutual terms,
conditions, and covenants contained herein, the parties agree as follows.
II. DEFINITIONS
As used herein, these words shall be defined as follows:
A. CITY: The City of Meridian, Idaho, municipal subdivision of the State of Idaho.
B. EFFECTIVE DATE: The date upon which the respective governing bodies of the Parties
hereto effectuate this MOU by a duly authorized signatory.
C. FACILITY: The Meridian Police Department Canine Holding Facility, owned by the City of
Meridian and operated by the Meridian Police Department, and located at 1401 East
Watertower Ave., Meridian, Idaho.
D. GUEST: The governing board of the governmental agency signatory to this MOU 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 officials, employees, volunteers,
and/or officers who enter City premises for any purpose, including but not limited to:
delivering police dog(s) to and/or removing police dog(s) from Facility; visiting, exercising,
MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE I OF 6
feeding, watering, checking on, or caring for Guest's police dog(s) boarded at Facility;
and/or entering or touring Facility for informational or educational purposes.
E. MOU: The instant Intergovernmental Memorandum of Understanding for Use of Meridian
Police Department Canine Holding Facility,
F. MPD: The Meridian Police Department of the City of Meridian, Idaho.
G. POLICE DOG: A canine owned, trained, and/or utilized by governmental law enforcement
agencies for law enforcement purposes, including, but not limited to, patrol, apprehension,
search, rescue, explosive, and drug detection.
III. MPD's COMMITMENTS
A. Reservation of space. MPD shall process requests for temporary boarding and use of 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 staffing resources
are available, MPD shall reserve and allow the use of the Facility for the date(s), time(s),
law enforcement officer(s), and police dog(s) as requested.
B. Temporary access to Facility. The Facility is locked and secured at all times, and access
thereto is limited. Pursuant to the terms of this MOU, MPI) will provide to Guest means of
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 habitability.
D. Boarding. Though Guest shall be required to check on a boarded police dog at the Facility
at least twice daily, in Guest's absence and as authorized in advance, designated MPD
canine law enforcement officers will feed, water, and exercise a boarded police dog,
according to written instructions provided by Guest.
E. Obtain necessary veterinary care. If a boarded police dog appears to be ill, injured, or
exhibiting any other behavior that would reasonably suggest the dog may need medical
treatment, MPD shall seek necessary veterinary examination and on behalf of Guest shall
authorize and procure any treatment, surgery, medication, quarantine, or hospitalization that
may be prescribed to treat the dog.
I'V. GUEST'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 to access MPD 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
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temporary badge(s), key(s), prox card(s), and/or other means of access to Facility. Guest's
authority to access Facility is specific to the person(s) enumerated for each scheduled
temporary use and shall be nontransferable. Guest shall not share access codes, badges,
keys, prox cards and/or other means of access to Facility with any other person without
City's prior written consent. Guest shall notify City immediately upon Guest's discovery of
any loss, theft, or destruction of any code, badge, key, prox card, granted to Guest by MPD.
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
designated MPD canine law enforcement officers to feed, water, and exercise the boarded
police dog, according to written instructions provided by Guest.
D. Health certification. Guest shall comply with all MPD canine health certification
requirements 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, distemper, kennel cough, or other infectious disease or illness within a thirty
(30) day period prior to boarding at the Facility.
E. Veterinary care authorized. Guest shall, and hereby does, authorize MPD 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) for any and all costs
related to veterinary care provided.
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 police dog, agents, employees, or other
person or property. Insurance of Guest, Guest's 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 may be related to use of the
Facility by Guest, including, but not limited to, liability insurance, automobile insurance,
worker's compensation insurance, and/or insurance of the police dog(s) to be boarded at the
Facility. Guest shall bear any and all known and unknown risks of and actual, loss, theft,
and/or damage related to use of the Facility by Guest. City may seek reimbursement from
Guest for any damage to the Facility caused by Guest and/or Guest's police dog that exceeds
reasonable wear and tear.
V. GENERAL PROVISIONS
A. Assumption of risk. Guest acknowledges that use of the Facility may carry risks of injury
to, death of, damage to, and/or loss of Guest's police dog, or to other persons 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 of the Facility.
B. Indemnification. In 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
MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 3 OF 6
all demands, suits, actions, claims, losses, judgments, damages, expenses, or costs, whether
or not meritorious, including, without limitation, attorneys' or other professional fees, in
conjunction with any injury, death, or damage to Guest's police dog boarded at Facility, to
other police dogs boarded at Facility, and to other persons or property, arising out of,
relating to, or caused or incurred by Guest and/or Guest's police dog, except for those
resulting solely 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, executors, administrators, assigns, and/or personal representatives
thereof, any and all claims and/or rights for 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, officers, volunteers, and guests, suffered in connection with or
arising out of the use of the Facility.
D. Term 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 automatically on an annual basis.
E. Termination for cause. If City determines that Guest has failed to comply with any term or
condition of this MOU, violated any covenant, agreement, and/or stipulation of this MOU,
or engaged in any other act of misconduct in the performance of this MOU; or if either Party
willfully or negligently defaults in, or fails to fulfill, its material obligations under this
MOU; the other Party shall have the right to terminate this MOU by giving written notice to
the defaulting party of its intent to terminate, and shall specify the grounds for termination.
The defaulting party shall have thirty (30) days after receipt of such notice to cure the
default. If the default is not cured within such period, this MOU shall be terminated upon
mailing of written notice of such termination by the terminating party in the manner
established herein. This provision shall not impede the right of City to immediately eject
Guest or Guest's police dog(s) from the Facility, and/or bar Guest or Guest's police dog(s)
from further use of Facility, with no prior notice to Guest, where such ejection and/or bar is
deemed by City to be in the best interest of City and/or MPD. Guest shall not be relieved of
liability to City for damages sustained by City by virtue of any breach or default of this
MOU or by other cause precipitated by Guest and/or Guest's police dog(s). This provision
shall survive the termination of this MOU.
F. Termination 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. Non -waiver. A waiver of any breach or default of any provision of this MOU shall not be
construed as a waiver of a breach of the same or 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 employer and employee between City and Guest
or between City and any official, agent, or employee of Guest.
MOU WITH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 4 OF 6
pI. Compliance with laws. In the
erformance of this MOU, Guest shall comply with any and
all applicable federal, state, and local laws.
een e Parties.
Entire agreement. This MOU constitutes the ro isesdor inducementerstanding s made by either
J. g promises,
This MOU supersedes any and all statements, p
party, or agents of either party, whether oral or written, and whether previous he terms of this MOU may n thb
execution hereof or r alter contemporaneous
upon written addendum signed by both parties hereto.
enlarged, modified or altered p P
K. MOU governed by Idaho law. The laws of the State of Idaho
shalshalll govern
be in the courts of
the validity,
interpretation, performance and enforcement of this MOU.
VenueAda County, Idaho.
L. Advice of Attorney. Each party warrants and represents that in executing this MOU, it has
received independent legal advice from its respective attorney and/or has received the
opportunity to seek such advice.
M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion
of any other 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 be affected.
O. Successors and assigns. Except as otherwise specifically established herein, all of the
terms, provisions, covenants and conditions of this MOU shall inure to the benefit of, and
shall be binding upon, each party and their successors, assigns, legal representatives, heirs,
executors, and administrators.
P. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise
stated in this MOU, shall be in writing and shall be deemed communicated upon mailing by
United States Mail, addressed as follows:
Guest:
Name: 3'-"r4 d1/1 r (er
Title: P-.}-ro 1
Address: 6-61 Al a /
gir-Ckf="�_ 6
Phone: �201&1 - 705-, y-11 6
E-mail: e A4,1 1-, /) A- 1-; 1..... r I r
City.
Jeff Lavey, Chief of Police
City of Meridian Police Department
1401 E. Watertower Ave.
Meridian, Idaho 83642
(208) 888-6678
ilavey@meridiancity.org
MOU w1TH GUEST AGENCY FOR USE OF MPD CANINE FACILITY PAGE 5 OF 6
Any party may change its respective address for the purpose of this paragraph by giving
written notice of such change in the manner herein provided.
Q. Approval required. This MOU shall not become effective until approved by the respective
governing bodies of both the City of Meridian and Guest.
IN WITNESS WHEREOF, the parties shall cause this MOU to be executed by their duly
authorized officers to be effective as of the day and year first above written.
GUEST: �re On —
Signature:
Print nam - --�� n��re re a ,vt e ti -
Title: 2!00,11
�4 r�
Date: - �F , '24 - t o-off`i1- i
CITY OF MERIDIAN:
BY:
Tammy de W erd, Mayor
Attest:
C. Cole ity Clerk
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