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PD Use of Privately-Owned Dog as Comfort DogAGREEMENT FOR USE OF PRIVATELY -OWNED DOG AS A COMFORT DOG FOR THE SAN RAFAEL POLICE DEPARTMENT, AND FOR INDEMNIFICATION THIS AGREEMENT is entered into this 20 day of 2019 by and between the CITY OF SAN RAFAEL ("City") and LYNN MURPHY ("Murphy"). RECITALS WHEREAS, Murphy is employed by City as the San Rafael Police Department's Mental Health Liaison, whose duties include making contact with homeless persons in the City and working to respond to their needs and provide them with assistance in obtaining needed support services; and WHEREAS, the San Rafael Police Department wishes to partner with Guide Dogs for the Blind ("GDB") in providing a GDB "Career Change" dog to accompany Murphy in performing the duties of her employment with the City and serve as a "comfort dog" in Murphy's interactions with the City's homeless population; and WHEREAS, GDB is offering to provide a Career Change Labrador Retriever or other suitable dog for purposes of this partnership, on the condition that the dog be adopted and owned by Murphy in her individual capacity rather than by the City; and WHEREAS, the City and Murphy both desire to accept GDB's offer; and WHEREAS, the City and Murphy wish to set forth their agreement as to Murphy's use of the GDB dog in the performance of her duties for the City; NOW, THEREFORE, City and Murphy agree as follows: AGREEMENT In consideration of the terms agreed to by City in this Agreement, Murphy agrees as follows: a. Murphy will comply with GDB's adoption requirements and take sole ownership of the Career Change dog provided by GDB on or before 17c c Pm hGY 31 , 2019. b. Upon adoption of the Career Change dog, Murphy will be solely responsible for its shelter, feeding and health and wellbeing. Some of q _1 - 01 ,�I R A the above may be supplemented by funds and from the San Rafael Police K9 Association. c. Following adoption, Murphy will regularly bring the Career Change dog with her as she performs the duties of her employment with the City and will keep the dog under her control at all times when interacting with the public. It will be within Murphy's sole discretion to not allow the dog to accompany her if she determines that the dog's presence with her in any particular situation or environment will not be in the best interests of the City, the public or the dog. At such times, she may designate another City employee (planned to be Dispatch personnel on duty) to watch and control the dog. d. Murphy will enroll in and complete Marin Humane Society's "Canine Good Citizen" class at the earliest available date after adoption of the Career Change dog and will follow GDB's recommendations for maintaining a level of the dog's training appropriate for work as a comfort dog. e. Murphy will continue to use the Career Change dog in the performance of her duties so long as she is employed in her current position with the City, or a comparable position, or for the life of the dog, whichever is sooner. f. City, in its sole discretion, may terminate this Agreement at any time upon 15 days' written notice to Murphy. 2. In consideration of the terms agreed to by Murphy in this Agreement, City agrees as follows: a. City acknowledges that it has requested and approved Murphy's use of the Career Change dog as a comfort dog in the course and scope of her duties as an employee of the City. Accordingly, the City agrees that it's duties under applicable law to defend and indemnify City employees for injuries caused or liabilities incurred in the course and scope of their employment shall extend to any claims of injury to persons or property arising out of or related to the actions or inactions of Murphy or the Career Change dog when Murphy is using the dog in the performance of her duties for the City. b. City will be liable for the cost of veterinary care required for the Career Change dog as a result of its use by Murphy as a comfort dog in her work as provided in this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL: By: JIM SCH TZ, City ager ATTEST: By: LINDSAY LARA, City Clerk APPROVED AS TO FORM: LYNN MURPHY By: ROBERT F. EPSTEIN, City ttorney 3 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: 10", C—t c C -- Project Manager: A rJ A K k S -Ane Extension: Contractor Name: U��vr..� & V /L (0 1ty Contractor's Contact: Contact's Email: 56 3Lib SP, P-0• o 2� ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 191 b. Email contract (in Word) and attachments to City CI -Pc here to Attorney c/o Laraine.Gittens@citvofsanrafael.org en�ffii ft c. Check with City Attorney re Insurance Requirements for extra small or large projects 2 City Attorney a. Review, revise, and comment on draft agreement C1 W,114;41-.50 12 and return to Project Manager enter a date. b. Confirm insurance requirements, create Job on Click here to PINS, send PINS insurance notice to contractor A/iAa date. 3 Department Director Approval of final agreement form to send to Click or tap Z- contractor to e iter 4 Project Manager Forward three (3) originals of final agreement to contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ;E] N/A agendized for City Council approval *City Council approval required for Professional Services ❑ Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Date of City Council approval PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 9/19/19 Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed% p` agreement9t 8 City Attorney Review and approve insurance in PINS, and bonds 1 11)q (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official Lv ( K 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager Z?j