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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 y 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 g 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 q 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 g su ersedes an and all other agreements or understandings, oral of written, whether p y revious to the execution hereof or contemporaneous herewith. p H. A livable Law: This A reement shall be governed by and construed and enforced in PP g 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 g to seek such advice. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~Q . day of November, 2012. OFFICER: ~'G/~~ Daniel Vogt CITY OF MERIDIAN: BY. , ~: x. Tammy erd, Mayor o~~z~Q avC~sr Attest: 4 G~¢ j ~~ >/~ a~ ~ City of E IDIA ~- ,~A~~ yce ~~r~~ ~~~ °~~~er~~~5°~ 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