Tigard Police Officer Odam - Ownership and Liability Transfer of Police Dog Baxter MgI7uooI
OWNERSHIP AND LIABILITY TRANSFER OF POLICE DOG BAXTER
MEMORANDUM OF UNDERSTANDING
This agreement is made and entered into by and between the City of Tigard ("City"), an Oregon municipal
corporation and Cameron Odam ("Mr. Odam"), the former handler for Baxter and a citizen of Tigard,
hereinafter collectively referred to as the "Parties."
RECITALS
WHEREAS, the City of Tigard owns Police Dog Baxter ("Baxter");and
WHEREAS, Baxter has reached the end of his useful working life and will now enter into
retirement;and
WHEREAS,Mr. Odam,Baxter's former handler,would like to adopt Baxter as his pet;and
WHEREAS, the City would like to recognize Baxter for his many years of dedicated service to the
City of Tigard;and
WHEREAS, without financial support, the private ownership of Baxter would place an undue
hardship on the new owner; and
WHEREAS, the City desires to fund a limited set of expenses related to Baxter's healthcare which
are due,in part, to his service to the City. Identified funds were previously collected via private donations to
the Police Department's Police Canine program.
AGREEMENT
NOW THEREFORE,in consideration of the mutual covenants and agreements contained herein,it
is agreed by and between the Parties as follows:
1. Schedule of Expenditures. The City has agreed to provide financial support dedicated to Baxter's
health care and end-of-life expenses with limitations as set forth in the Schedule of Expenditures
detailed in EXHIBIT 1.
2. Term of Agreement. The term of this Agreement shall be for a period commencing upon July 25,
2016 at 1900 hours and in effect until Baxter's passing and burial.
3. Financial Obligations and Expense Threshold. Mr. Odam is solely responsible for all costs
associated with the care and feeding of Baxter with the exception of identified healthcare costs. The
City agrees to fund expenditures related to Baxter's healthcare and burial costs as outlined in the
MOU's Schedule of Expenditures (EXHIBIT 1) in an amount not to exceed Four Thousand and
no/100 Dollars ($4,000), ("Expense Threshold"). The financial obligation will cease after Baxter's
agreed upon burial costs have been paid, even if the expense threshold has not been reached.
4. Mr. Odam Obligations. Mr. Odam shall:
4.1 Relinquish the City from all liability and agrees to indemnify and hold harmless the City, its
officers, employees and agents for any injury or damage that Baxter may cause to property or
persons after the transfer on July 25, 2016 at 1900 hours, including the reasonable cost of
defending such claims.
Memorandum of Understanding—Police Dog Baxter Retirement and Transfer 11 Page
4.2 Relinquish the City from any financial responsibility for healthcare costs or burial costs that
will exceed the agreed upon expense threshold.
4.3 Obtain and maintain liability insurance to cover any potential injury or damage that Baxter
may cause to property or persons.
4.4 Submit all detailed procurement card receipts to the Police Department's Business Manager
in a timely manner,but not later than one week after each qualifying purchase.
4.5 Agree to not sell or give Baxter away to a third party without the written approval of the
City.
4.6 Use Baxter only as a family pet and shall not use him as a service animal or other contracted
capacity in any way.
4.7 Provide any information reasonably requested by the City regarding Baxter's health
condition in order plan for Baxter's end of life and/or to satisfy occasional requests from the
public about Baxter's wellbeing.
4.8 Notify the City in writing at the time of Baxter's passing.
4.9 Coordinate all cremation and or burial arrangements with the City prior to making any
formal arrangements.
5. City Obligations. City shall:
5.1 Transfer ownership of Baxter, and any identified related equipment that was originally
purchased for the care of Baxter,at no cost to Mr. Odam as of July 25,2016 at 1900 hours.
5.2 Provide funds related, in part, to Baxter's healthcare and burial needs as identified in Section
3 and outlined in the Schedule of Expenses in EXHIBIT 1.
6. Liability and Indemnity.
6.1 This Agreement is for the benefit of the Parties only. Each Party agrees to indemnify and
hold harmless the other Party, and its officers, employees, and agents, from and against all
claims, demands and causes of actions and suits of any kind or nature for personal injury,
death or damage to property on account of or arising out of services performed, the
omissions of services or in any way resulting from the negligent or wrongful acts or
omissions of the indemnifying party and its officers, employees and agents. To the extent
applicable, the above indemnification is subject to and shall not exceed the limits of liability
of the Oregon Tort Claims Act (ORS 30.260 through 30.300). In addition, each Party shall
be solely responsible for any contract claims, delay damages or similar items arising from or
caused by the action or inaction of the Parties under this Agreement.
7. Termination. City may terminate this Agreement, and withhold financial support, at any time if City
reasonably determines Mr. Odam has failed to comply with any provision of this Agreement and is
therefore in default. Prior to terminating this Agreement, City shall provide Mr. Odam the reason(s)
Memorandum of Understanding—Police Dog Baxter Retirement and Transfer 2 1 Page
that City has concluded that he is in default and includes a description of the steps that Mr. Odam
shall take to cure the default. Mr. Odam shall have thirty (30) days from the date such notice is
received to cure the default or make reasonable progress towards cure,as determined by the City.
8. Modification of Agreement. No waiver, consent, modification or change of terms of this
Agreement shall be binding unless in writing and signed by both Parties.
9. Seve—� If any one or more of the provisions contained in this Agreement is invalid, illegal or
unenforceable in any respect, the validity, legality and enforceability of the remaining provisions of
the Agreement will not be affected or impaired in any way.
10. Counterparts: Facsimile Execution. This Memorandum of Understanding may be executed in
counterparts, each of which,when taken together, shall constitute fully executed originals. Facsimile
or e-mail signatures shall operate as original signatures with respect to this Memorandum of
Understanding.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth below.
CITY: MR. ODAM:
CITY OF TIGARD, a municipal Corporation CAMERON ODAM,former Canine Handler, and private citizen
Signed by: Signed by:
Name: NL 1– . 0 Name:
Title: Ch.�Q C�- P C � Title:
Date: -7 ' 7�'f Date: t�
Memorandum of Understanding–Police Dog Baxter Retirement and Transfer 3 1 Page
EXHIBIT 1
Schedule of Expenses
The City of Tigard will fund expenses listed within the "Permissible Expenses" section up to the
previously stated `not to exceed'amount of$4,000 as outlined in Section 3 above. Funds will be
provided by private donations previously accepted by the City of Tigard Police Department in
support of the department's Canine Program. General Fund dollars will not be used.
Permissible Expenses
• Medication / vaccinations
• Medical exams
• Dental exams
• Medical or dental procedures
• Medical equipment
• Cremation and related expenses
• Burial and related expenses
• Plaque or other grave marker(s)
Excluded Expenses
• Food
• Toys
• Blankets and clothing
• Kennels
• Licenses
• Tracking devices (chip implantation)
• Leashes / harnesses
• Overnight boarding not related to a medical procedure
• Classes / training
• Grooming products and services
• Any other expenses that do not fall into one of the categories listed in the "Permissible
Expenses"
Memorandum of Understanding—Police Dog Baxter Retirement and Transfer EXHIBIT 1