HomeMy WebLinkAbout03/06/2012 04I K-9 Team Training Agreement with Bruce Rogers 0
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4 + . "'
For Meeting of: March 6, 2012 -
ITEM TITLE: Resolution authorizing Personal Service Contract for K -9
Team Training
SUBMITTED BY: Interim Chief Greg Copeland
CONTACT PERSON /TELEPHONE: Capt. Jeff Schneider, 575 -6151
SUMMARY EXPLANATION:
The Yakima Police Department is purchasing a new police K -9 to replace a dog that is no
longer in service. Former Yakima police officer and K -9 handler Bruce Rogers is a State
certified master K -9 trainer. Washington Administrative Code requires new K -9 teams (dog
and handler) to undergo a minimum of 400 hours of training prior to deployment. Mr. Rogers
is willing and able to provide this training at minimal cost to the City and the training will be
done locally. If not for Mr. Rogers, this training would have to be accomplished out of State at
significant additional expense.
Resolution X Ordinance Other
(specify)
Contract: X Mail to:
Contract Term: Amount: $2,802 Expiration Date:
Insurance Required? No
Funding General Fund Phone:
Source:
APPROVED FOR City Manager
SUBMITTAL: .,41:17,-Z--, Y 9
STAFF RECOMMENDATION:
Police Staff recommends approval of the personal services agreement for police K -9 team
training.
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
0 2012 RESOLUTION K -9 Training Contractrl1
El Professional Service Agreement
RESOLUTION NO. R -2012-
!
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
to execute a professional service agreement with the Bruce Rogers
to provide training for a new City of Yakima Police K -9's team.
WHEREAS, Bruce Rogers is a former Yakima Police K -9 Officer and is a
Washington State and Washington State Police Canine Association certified master handler;
and
WHEREAS, Washington Administrative Code requires all new K -9 teams have a
minimum of 400 hours of training supervised by a certified master handler; and
WHEREAS, the City of Yakima Police Department is purchasing a new K -9 that
requires said training; and
WHEREAS, Bruce Rogers has agreed to provide such training and oversight as
required by law; and
WHEREAS, if the training could not be provided locally by Mr. Rogers the K -9
and handler would have to be trained out of state at great expense; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to enter into the proposed professional service agreement for canine team
training with Bruce Rogers, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to
execute the attached professional service with Bruce Rogers to provide training for a
Yakima Police Department K -9 team.
ADOPTED BY THE CITY COUNCIL this 6th day of March 2012.
Micah Cawley, Mayor
ATTEST:
City Clerk
Professional Service Agreement
For Canine Training
This is an Agreement between the City of Yakima, a municipal corporation, and Bruce
Rogers. The Agreement is for professional training services to be provided by Bruce
Rogers on behalf of the City of Yakima Police Department for assistance with training a
new K -9 team (K -9 team refers to a police service dog and the dog's handler).
Scope of Services Provided by Bruce Rogers:
A. Oversee and review the training provided during a basic canine handler
course for the selected handler and K -9. The training course shall include a
minimum of 400 training hours, as required by WAC.
B. Oversee the training provided by the designated K -9 trainer, Yakima Police
Officer James Yates.
C. Travel with trainer Yates to the designated K -9 importer /supplier (currently
Adlerhorst Intl. Riverside, CA) to test /select the K -9 trainee.
D. Conduct the required WAC /WSPCA (Washington State Police Canine
Association) certification tests at the conclusion of the basic handler course.
E. Be available for consult by trainer Yates and /or any of the K -9 chain of
command within the Yakima Police Department regarding questions
involving, but not limited to, the K -9 team, trainer Yates, training issues,
purchasing issues, and equipment issues, all as related to the K -9 acquisition
and training.
F. Assist with the selection of the K -9 handler, including but not limited to, oral
interviews of the applicants, and any other testing requirements set forth by
the chain of command.
Terms of Service:
A. Service provided under this Agreement shall begin immediately upon
execution of this Agreement by both parties, starting with planning the K -9
purchase and initiating the handler application and selection process.
B. This Service Agreement shall be deemed completed based upon successful
completion of the following elements:
1. The K -9 team's completion of at least the minimum required 40o hour
training requirements set forth in WAC standards.
2. The K -9 team's successful completion of the necessary certifications
required by the WAC and the WSPCA.
3. Determination by trainer Yates and the K -9 chain of command that the
K -9 team is fit for deployment.
Compensation:
A. The City of Yakima shall compensate Bruce Rogers for the services provided
in accord with the terms of this Agreement by one lump sum payment in the
amount of Two Thousand Eight Hundred and Two Dollars ($2,802), payable
upon the successful conclusion of the Terms of Service described herein.
Bruce Rogers shall pay for all of his own travel costs incurred during the K -9
selection and purchase, together with any other personal expenses that may
accrue during and as a result of the service provided under this Agreement.
The City of Yakima is not responsible for any expenses for the provision of
these services other than the specifically listed lump sum payment due at the
successful conclusion of the conditions of the Terms of Service.
Insurance:
A. At all times during performance of the Services, Bruce Rogers shall secure and
maintain in effect insurance to protect the City, from and against all claims,
damages, losses, and expenses arising out of or resulting from the
performance of this Contract. Bruce Rogers shall provide and maintain in
force insurance in limits no less than that stated below, as applicable. The
City reserves the right to require higher limits should it deem it necessary in
the best interest of the public.
B. Commercial General Liability Insurance. Before this Contract is
deemed effective and enforceable by the parties, Bruce Rogers shall provide
the City with a certificate of insurance as proof of commercial liability
insurance and commercial umbrella liability insurance with a total minimum
liability limit of Two Million Dollars ($2,000,000.00) per occurrence
combined single limit bodily injury and property damage, and Two Million
Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state
who the provider is, the coverage amount, the policy number, and when the
policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Contract. The policy shall name the City, its elected
officials, officers, agents, employees, and volunteers as additional insureds,
and shall contain a clause that the insurer shall not cancel or change the
insurance without first giving the City thirty (3o) calendar days prior written
notice (any language in the clause to the effect of "but failure to mail such
notice shall impose no obligation or liability of any kind upon the company"
shall be crossed out and initialed by the insurance agent). The insurance shall
be with an insurance company or companies rated A -VII or higher in Best's
Guide and admitted in the State of Washington.
C. Automobile Liability Insurance.
1. If Bruce Rogers owns any vehicles, before this Contract is deemed effective
and enforceable by the parties, Bruce Rogers shall provide the City with a
certificate of insurance as proof of automobile liability insurance with a
total minimum liability limit of $25o,000 ($500,000) per occurrence
combined single limit bodily injury and property damage. Automobile
liability will apply to "Any Auto" and be shown on the certificate.
2. The required certificate of insurance shall clearly state who the provider is,
the coverage amount, the policy number, and when the policy and
provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. The policy shall name the City, its elected
officials, officers, agents, employees, and volunteers as additional
insureds, and shall contain a clause that the insurer will not cancel or
change the insurance without first giving the City thirty (3o) calendar days
prior written notice (any language in the clause to the effect of "but failure
to mail such notice .shall impose no obligation or liability of any kind upon
the company" shall be crossed out and initialed by the insurance agent).
The insurance shall be with an insurance company or companies rated A-
VII or higher in Best's Guide and admitted in the State of Washington.
D. Professional Liability Coverage.
Before this Contract is effective and enforceable by the parties, Bruce
Rogers shall provide the City with a certificate of insurance as proof of
professional liability coverage with a total minimum liability limit of Two
Million Dollars ($2,000,000.0o) per claim combined single limit bodily
injury and property damage, and Two Million Dollars ($2,000,000.00)
aggregate. The certificate shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this
Contract. The policy shall contain a clause that the insurer shall not cancel
or change the insurance without first giving the City thirty (3o) calendar
days prior written notice (any language in the clause to the effect of "but
failure to mail such notice shall impose no obligation or liability of any
kind upon the company" shall be, crossed out and initialed by the
insurance agent). The insurance shall be with an insurance company or
companies rated A -VII or higher in Best's Guide. If the policy is written on
a claims made basis the coverage will continue in force for an additional
two years after the completion of this contract.
Indemnification and Hold Harmless:
A. Bruce Rogers agrees to protect, defend, indemnify, and hold harmless the
City, its elected officials, officers, employees, agents, and volunteers from
any and all claims, demands, losses, liens, liabilities, penalties, fines,
lawsuits, and other proceedings and all judgments, awards, costs and
expenses (including reasonable attorneys' fees and disbursements)
resulting from death or bodily injury to any person or damage or
destruction to a third party or third parties to the extent caused by any
negligent act and /or omission of Bruce Rogers or his employees, agents,
volunteers and /or subcontractors, arising out of the performance of this
Contract.
B. Nothing contained in this Section or this Contract shall be construed to create
a liability or a right of indemnification in any third party.
Termination:
Either party may, at any time and with 3o days written notice to the other party,
terminate the contract terms as of the date specified in said written notice. If
termination occurs prior to the completion of the Terms of Service herein
compensation shall be paid to Bruce Rogers on a pro -rata basis for all work
successfully provided and accepted by the City prior to the notice of termination.
Status of Bruce Rogers:
Bruce Rogers and the City understand and expressly agree that Bruce Rogers is
an independent contractor in the performance of each and every part of this
Agreement. Bruce Rogers; as an independent contractor, assumes the entire
responsibility for carrying out and accomplishing the work /services required
under this Agreement. Bruce Rogers and his employees, agents, instructors, and
subcontractors shall make no claim of City employment nor shall they claim any
related employment benefits, social security, and /or retirement.
Taxes and Assessments:
Bruce Rogers shall be solely responsible for compensating his employees and for
paying all related taxes, deductions, and assessments, including but not limited
to, federal income tax, FICA, social security tax, assessments for unemployment
and industrial injury, and other deductions from income which may be required
by law or assessed against either party as a result of this Agreement. In the event
the City is assessed a tax or assessment as a result of this Agreement, Bruce
Rogers shall pay the same before it becomes due.
Non Discrimination:
During the performance of this Agreement, Bruce Rogers shall not discriminate
on the basis of race, age, color, sex, religion, national origin, creed, marital status,
political affiliation, or the presence of any sensory, mental or physical handicap.
This provision shall include but not be limited to the following: employment,
upgrading, demotion, transfer, recruitment, advertising, layoff or termination,
rates of pay or other forms of compensation, selection for training, and the
provision of services under this Agreement.
The Americans With Disabilities Act:
Bruce Rogers agrees to comply with the Americans With Disabilities Act of 1990,
42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations. The ADA
provides comprehensive civil rights to individuals with disabilities in the area of
employment, public accommodations, state and local government services, and
telecommunications.
Compliance With Law:
Bruce Rogers agrees to perform all training services under and pursuant to this
Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory
body, whether federal, state, local, or otherwise.
No Insurance provided by City:
It is understood the City does not maintain liability insurance for Bruce Rogers
and /or his employees, agents, instructors, and /or subcontractors.
Assignment:
This Agreement, or any interest herein, or claim hereunder, shall not be assigned
or transferred in whole or in part by Bruce Rogers to any other person or entity
without the prior written consent of the City. In the event that such prior written
consent to an assignment is granted, then the assignee shall assume all duties,
obligations, and liabilities of Bruce Rogers as stated herein.
Severability:
If any portion of the Agreement is changed per mutual agreement or any portion
is held invalid, the remainder of the Agreement shall remain in full force and
effect.
Integration:
This written document constitutes the entire agreement between the parties. No
changes or additions to this Agreement shall be valid or binding upon either
party unless such change or addition be in writing and executed by both parties.
Non - Waiver:
The waiver by Bruce Rogers or the City of the breach of any provision of this
Agreement by the other party shall not operate or be construed as a waiver of any
subsequent breach by either party or prevent either party from thereafter
enforcing any such provision.
Survival:
Any provision of this Agreement which imposes an obligation after termination
or expiration of this Agreement shall survive the term or expiration of this
agreement and shall be binding on the parties to this Agreement.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington.
Venue:
The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
Notices:
All notices and /or demands provided in accordance with the terms of this
contract shall be mailed, certified mail, to the last known address of the party to
whom notice is sent. Such notice shall be deemed effective when mailed or hand
delivered to the addresses specified below. Notice to the City of shall be
addressed to:
Yakima Police Department
c/o Captain Jeff Schneider
200 South Third Street,
Yakima, Washington 98901 -
Notice to Bruce Rogers shall be addressed to:
Bruce Rogers .
205 Mt. Hood Street
Moxee, WA 98936
Yakima, Washington
Any change in party address shall be provided to the other party immediately.
City of Yakima Bruce Rogers
Michael A. Morales, Bruce Rogers
Interim City Manager Contractor
Date Date
Attest:
City Clerk