2006/03/28 City Council ResolutionRESOLUTION NO. 2006 - 85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
Approving
Agreement between the City of Rohnert Park and Master K -9 for Monthly Training Services to
the Rohnert Park K -9 Unit
BE IT RESOLVED by the City Council of the City of Rohnert Park that it does hereby
authorize and approve that certain Agreement by and between the City of Rohnert Park and
Master K -9 for monthly Training Services to the K -9 Unit and that the City Manager is
authorized to execute this agreement in substantially similar form to the attached agreement for
and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 28th day of March, 2006
CI --OF ROHNERT PARK
Mayor Tim Smith
BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT FOR SERVICES
This Agreement is made and entered into this 4th day of January, 2006, by and between
the City of Rohnert Park, hereinafter referred to as the "City," and Master K -9 Inc., hereinafter
referred to as the "Consultant."
WHEREAS, the City requires Monthly Police Dog Training; and
WHEREAS, the Consultant is qualified and experienced to provide such services.
NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set
forth, mutually agree as follows:
SCOPE OF WORK. Consultant shall perform those services described as Tasks
in the Scope of Work and Schedule of Performance attached as Exhibit "A" within
the time frames stated therein.
2. COORDINATION. Consultant shall assign a trainer, to personally participate in
said project and to coordinate the activities of the Consultant.
3. COMPENSATION.
A. City shall pay Consultant as compensation in full for such services and
expenses at the rates set forth in Exhibit A.
B. Consultant shall submit itemized monthly statements for work performed.
City shall make any payment due within thirty (30) days after approval of
the invoice by City. Payment will be made for the approved amount of
the invoice.
C. Payments due and payable to Consultant for current services are within the
current budget and within an available, unexhausted and unencumbered
appropriation of the City. In the event the City has not appropriated
sufficient funds for payment of Consultant services beyond the current
fiscal year, this Agreement shall cover only those costs incurred up to the
conclusion of the current fiscal year; payment for additional work is
conditional upon future City appropriation.
4. TERM. The term of this Agreement shall be as set forth in Exhibit A.
5. NOTICES. All notices, bills, and payments shall be made in. writing and may be
given by personal delivery or by mail. Notices, bills and payments sent by mail
should be addressed as follows:
TO CITY: Mept. Name]
CITY OF ROHNERT PARK
67 50 Commerce Blvd.
ROHNERT PARK, CA 94928
TO CONSULTANT: Master K -9 Inc.
37492 Cherry Valley Blvd.
Cherry Valley, CA. 92223
and when so addressed, shall be deemed given upon deposit in the United States
mail, postage prepaid. In all other instances, notices, bills and payments shall be
deemed given at the time of actual delivery. Changes may be made in the names
and addresses of the person to whom notices, bills and payments are to be given
by giving notice pursuant to this Paragraph.
6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the
Scope of Work within the Agreement by written notification to the Consultant. In
such event, the compensation and time of performance shall be subject to
renegotiation upon written demand of either party to the Agreement. Failure of
the Consultant to secure City's written authorization for extra or changed work
,shall constitute a waiver of any and all right to adjustment in the contract price or
time due, whether by way of compensation, restitution, quantum meruit, etc. for
work done without the appropriate City authorization.
7. RECORDS OF PERFORMANCE. Consultant shall maintain adequate records of
contract performance costs, expenses, etc., and make these records available for
inspection, audit, and copying by the City during the agreement period and for a
period of three (3) years from the date of final payment.
8. SUBCONTRACTING. None of the services covered by this contract shall be
subcontracted without the prior written consent of the City. In accordance with
Government Code Section 7550, Consultant agrees to state in a separate section of
any filed report the numbers and dollars amounts of all contracts and subcontracts
relating to preparation of the report.
9. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole
or in part, without the written consent of the City.
10. INDEMNIFICATION. Consultant shall indemnify, defend, and hold harmless
City and its officials, officers, employees, and agents from any claims, losses,
liability, or causes of action that arise out of training that is not consistent with
national and local training standards, as well as any injuries to Consultant, related
to Consultant's performance of this agreement.
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11. STANDARD OF CARE. City relies upon the professional ability of Consultant as a
material inducement to entering into this Agreement. Consultant agrees to use
reasonable care and diligence in rendering services under this Agreement.
Consultant agrees that the acceptance of his work by City shall not operate as a
waiver or release of said obligation of Consultant. The absence, omission, or failure
to include in this Agreement, items which are normally considered to be a part of
generally accepted professional procedure or which involve professional judgment
shall not be used as a basis for submission of inadequate work or incomplete
performance.
12. CONFLICT OF INTEREST. Consultant covenants that it presently has no interest
and shall not acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of its services hereunder. Consultant further
covenants that in the performance of this Agreement, no person having any such
interest shall be employed.
13. DEFAULT. If Consultant should fail to perform any of his obligations hereunder,
within the time and in the manner herein provided or otherwise violate any of the
terms of this Agreement, City may terminate this Agreement by giving Consultant
written notice of such termination, stating the reason for such termination In such
event, Consultant shall be entitled to receive as full payment for all services
satisfactorily rendered and expenses incurred hereunder, an amount which bears the
same ratio to the total fees specified in the agreement as the services satisfactorily
rendered hereunder by Consultant bear to the total services otherwise required to be
performed for such total fee; provided, however, that the City shall deduct from such
amount the amount of damage, if any, sustained by City by virtue of the breach of
the Agreement by Consultant.
14. INDEPENDENT CONTRACTOR The parties intend that Consultant, in
performing the services specified herein, shall act as an independent contractor and
shall have control of the work and the manner in which it is performed. Consultant
is not to be considered an agent or employee of the City and is not entitled to
participate in any pension plan, insurance, bonus or similar benefits City provides its
employees. In the event City exercises its right to terminate this Agreement,
Consultant expressly agrees that he/she shall have no recourse nor right of appeal
under rules, regulations, ordinances or laws applicable to employees.
15.. TAXES. Consultant agrees to file tax returns and pay all applicable taxes on
amounts paid pursuant to this Agreement and shall be solely liable and responsible
to pay such taxes and other obligations, including, but not limited to, state and
federal income and FICA taxes. Consultant agrees to indemnify and hold the City
harmless from any liability which it may incur to the United States for to the State of
California as a consequence of Consultant's failure to pay, when due, all such taxes
and obligations.
16. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its
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performance ender the Agreement either directly or indirectly on the grounds of
race, color, religion, sex, age, national origin, or other prohibited grounds in its
employment practices, and shall take affirmative steps to ensure that applicants are
employed and employees are treated during employment without regard to race, color,
religion, sex, age, national origin, or other prohibited grounds.
17. COMPLIANCE WITH LAW. Consultant shall comply with all applicable federal,
state and local laws, rules and regulations affecting the Consultant and his/her work
hereunder. Consultant represents and warrants to City that Consultant has all
licenses, permits, qualifications and approvals of whatsoever nature which are
legally required for Consultant to practice Consultant's profession and to do the work
hereunder. Consultant represents and warrants to City that Consultant shall, at its
sole cost and expense, keep in effect at all times during the term of this Agreement
any licenses, permits, and approvals which are legally required for Consultant to
practice his/her profession and do the work contemplated by this Agreement.
18. INTERPRETATION. Notwithstanding the fact that one or more provisions of this
Agreement may have been drafted by one of the parties to this Agreement, such
provisions shall be interpreted as though they were a product of a joint drafting
effort and no provisions shall be interpreted against a party on the ground that said
party was solely or primarily responsible for drafting the language to be interpreted.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
the day and year first above written.
CITY OF ROHNERT PARK:
By: /
Name: Stephen Donley ()ate)
Tide: City Manager
U
. u • ill � � �,� 1 . -
a
Per Resolution No. 2006 -85 adopted By:
by the City Council on March 28, 2006.
ATTEST:
City Clerk
VE 1 AS TO FORM
m
Name: (Date)
EXHM]rf "A"
SCOPE OF WORK
AND
COMPENSATION RATES
This agreement is between the City of Rohnert Park, hereinafter called "City" and Master K -9, Inc.,
hereinafter called "Trainer". The term of this Agreement is from January 1, 2005 to December 31,
2005.
Under the terms of this Agreement, the Trainer will provide a specified service to the City for which
the City will pay the Trainer a specified sum The service which will be provided to the City
consists of a basic police service dog proficiency follow -up training program which meets or
exceeds P.O.S.T. standards involving one (1) dog and one (1) handler, covering the following areas:
1. Safety Procedures
2. Advanced Obedience
3. Advanced Man Work and Control
4. Vehicle Patrol
5. Building and Area Search
6. Tracking
7. Scouting
8. Obstacle Course
9. Utilization in Law Enforcement
10. Preparation of K -9 Records and Reports
11. Narcotics Detection
Trainer agrees to provide monthly maintenance training in the Richmond area one (1) time monthly
for an eight (8) hour period. Training will be held in conjunction with the Richmond Police
Department on the third Thursday of each month, unless otherwise agreed by all parties.
The Trainer and the agents and employees of Trainer, in the performance of this Agreement, shall
act in an independent capacity and not as officers or employees of the City. This Agreement is for
personal services and shall not be assigned or transferred by the Trainer without the prior written
approval of the City.
The City shall pay to the Trainer the sum of $110.00 per month (or $1,320.00 annually), per K -9
Team, in full payment for services provided and as complete consideration for the performance of
this contract. If a contracted team is absent from training, the previously agreed fee is still due and
payable.
This agreement is established with a ninety (90) day probationary period. This Agreement may be
terminated after the aforementioned ninety (90) day period by either party with five (5) days written
notice. This Agreement can be automatically renewable for any additional_ one (1) year period,
upon the expiration of each one -year period, subject to written approval of the parties.
Master K-9, Inc. does not provide or teach any use of force policy. Each individual officer
participating in a training program must rely upon their own department's policy on use of force and
deployment.
At Master K -9, training is developed involving many different scenarios requiring canine
deployment. This training is consistent with National and Local Training Standards. However,
deployment and use of a department canine in the field requires that department's policy be
followed. Nothing said or taught at Master K -9 is to take precedence over individual department
policies.
Court appearances to be made by a Master K -9, Inc. representative. Upon request by the Chief of
Police, Master K -9, Inc. representative will give expert testimony with regard to the use and
deployment of police service dogs. This service will also include preparation for court cases as
required. City shall be responsible for travel and hotel cost of Master K -9, Inc. representative.
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