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03/06/2012 04I K-9 Team Training Agreement with Bruce Rogers 0 ....) 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