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Tigard Police Officer Odam - Ownership and Liability Transfer of Police Dog Baxter Mut ! 7q001 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 1 I 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 I 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. Severability. 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: '` L t\J F. CJ R P- Name: CIAItJ �t.9• Title: l Q r c C� P (� Title: Date: 7 - LL) / Date: • Memorandum of Understanding—Police Dog Baxter Retirement and Transfer 3 ( 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