Agreement for Use with Daniel Vogt of Meridian Police for use of Cougar Tracking DogsAGREEMENT FOR USE OF COUGAR-TRACKING DOGS
OFCOUGAR-TRACKING DOGS is made this ~~ day
This AGREEMENT FOR USE
of November 2012, b and between the City of Meridian, a municipal corporation organized
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under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian,
Idaho hereinafter "City"), and Daniel Vogt, an individual person and Meridian City Police
(
Officer (hereinafter "Officer") (collectively, "Parties").
WHEREAS, Officer owns, as his personal property, four (4) dogs, as described in
Exhibit A hereto, which dogs are specially trained to track and locate cougars (hereinafter
"Do s"), and Officer is willing to facilitate and allow the official use of such Dogs for the
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purposes and in the manner set forth in this Agreement; and
WHEREAS, the City of Meridian has deemed it to be in the best interest of the public to
allow other law enforcement agencies, on a temporary, as-needed basis and with Officer's
consent, the .use of Dogs for tracking cougars; and
WHEREAS, among other things, the City of Meridian seeks by this Agreement to
establish an insurable interest in Dogs;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and inconsideration of the recitals above, which are incorporated
herein, City and Officer agree as follows:
I. USE OF DOG5 TO TRACK COUGARS.
A. Request received while on duty. When a law enforcement agency requests Officer's
assistance with tracking, locating, or addressing a cougar using. Dogs while Officer is on
duty, Officer may, at his sole election, consent to respond to such request. Officer's
response, and the use of Dogs in the course of such response, shall be deemed official
City of Meridian business and within the scope of Officer's duties so long as the
following conditions are met:
1. Officer shall obtain approval of his supervisor prior to initiating such response, and
shall notify his supervisor when he has completed such response.
2. At all times while on duty, Officer shall be bound by all standard operating policies,
procedures, and protocols as established by the City of Meridian and the Meridian
Police Department, and the same shall inure to the benefit of Officer, including, but
not limited to, those regarding:
a. Payment and benefits;
b. General liability insurance for employees;
c. Worker's compensation coverage; and
d. Use of City-issued equipment.
AGREEMENT FOR USE OFCOUGAR-TRACKING DOGS PAGE l OF 4
3. If or when Officer utilizes a personal vehicle for any reason, including, but not limited
to, the transport of Dogs, Officer shall be solely responsible for registering, insuring,
maintaining, and repairing such vehicle. The City of Meridian shall not provide
automobile insurance coverage of any kind for Officer's personal vehicle, and shall
not contribute to any cost related to Officer's personal vehicle or use thereof.
So long as these conditions are met, City shall enumerate Dogs as insured animals on its
property insurance policy, and shall provide property insurance coverage for Dogs when
Officer utilizes Dogs in the course of official City of Meridian business. City's liability
for Dogs shall be subject and limited to all terms of City's insurance policy.
B. Request received while off duty. When another law enforcement agency requests
Officer's assistance with locating a cougar using Dogs while Officer is off duty, Officer
may respond to such request, at his sole election. While engaged in providing such
assistance while off duty, Officer shall not be entitled to any protections or benefits
otherwise extended to Officer while on duty, either by virtue of this Agreement or by
Officer's employment by City. Officer may, with supervisor approval and pursuant to all
applicable standard operating procedures, transition from off-duty to on-duty prior to
initiating a response to a request from another law enforcement agency for Officer's
assistance with locating a cougar using Dogs.
C. Compliance with laws and standards. Officer shall provide services and work under
this Agreement consistent with the requirements and standards established by any and all
applicable federal, state and city laws, ordinances, regulations and resolutions. This shall
include, but is not limited to, any necessary federal, state, county, or city licensing
re wired. Officer represents and warrants that Officer will perform all work under this
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Agreement in accordance with generally accepted industry standards and safety practices
for the professions or specialties that are used in performance of this Agreement.
D. Acknowledgment. Officer acknowledges that use of Dogs while on duty presents risks
to himself and to Dogs, some of which are unknown. Other than as specifically addressed
in this Agreement, Officer agrees to assume all risks associated with the use of Dogs
while on duty.
E. Assignment. Officer shall not assign or sublet all or any portion of Officer's interest in
or obligations under this Agreement or any privilege or right hereunder, either voluntarily
or involuntarily, .,without the prior written consent of City. This Agreement and each and
all of the terms and conditions hereof shall apply to and are binding upon the respective
parties' legal representatives, successors, and assigns.
F. Termination. Either party may terminate this Agreement for any reason by providing
written notice to the other via U.S. Mail or personal service. Such termination shall be
effective immediately upon mailing or personal delivery.
AGREEMENT FOR USE OFCOUGAR-TRACKING DOGS PAGE 2 OF 4
G. Entire a reement. This Agreement contains the entire agreement of the parties and
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su ersedes an and all other agreements or understandings, oral of written, whether
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revious to the execution hereof or contemporaneous herewith.
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H. A livable Law: This A reement shall be governed by and construed and enforced in
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accordance with the laws of the State of Idaho.
I. Advice of attorney. Each party warrants and represents that in executing this
A reement, it has received independent legal advice from its attorneys or the opportunity
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to seek such advice.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
~Q . day of November, 2012.
OFFICER:
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Daniel Vogt
CITY OF MERIDIAN:
BY. ,
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Tammy erd, Mayor
o~~z~Q avC~sr Attest:
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City of
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,~A~~ yce
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olman, City Clerk
AGREEMENT FOR USE OFCOUGAR-TRACKING DOGS PAGE 3 OF 4
EXHIBIT A
DESCRIPTION OF DOGS
1. Name: Sassy
Breed: Treeing Walker Hound
Age: 10 years
Color: Black, white, and brown
Marks: "V" freeze-branded on left ear
2. Name: Shirley
Breed: Cross-bred Lion Hound
Age: 6 years
Color: Black, white, and brown with black ticking over body
Marks: "V" freeze-branded on left ear
3. Name: Sharky
Breed: Cross-bred Lion Hound
Age: 3 years
Color: Red tick
Marks: None
4. Name: Smuckers
Breed: Cross-bred Lion Hound
Age: 1.5 years
Color: Blue tick
Marks: None
AGREEMENT FOR USE OFCOUGAR-TRACKING DOGS PAGE 4 OF 4