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HomeMy WebLinkAbout2021 CON Man K-9 Inc. - K-9 Training - Second AmendmentFIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MAN K9, INC. THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this 30th day of June, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and MAN K9, INC. (the "CONTRACOR"). RECITALS WHEREAS, the CITY and the CONTRACTOR entered into an Agreement on November 11th, 2020, ("the Agreement"), wherein the CONTRACTOR agreed to provide a police service P.O.S.T. certified canine, basic course/academy training and weekly maintenance training in patrol work for police service dogs (K9's) and their handlers. WHEREAS, the parties desire to amend the Agreement by exercising the first of the three allowable one-year options to extend the term of the Agreement to June 30, 2022. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The Agreement entered into on November 11, 2020, in exercise of the option provision is hereby amended to extend the term of the Agreement by one-year to June 30, 2022. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the November 11, 2020 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. [END OF AGREEMENT — SIGNATURES APPEAR ON NEXT PAGE] RECEIVED SEP 0 9 2021 Office of the City perk City of National City CITY OF NA ,ON CITY By: Braon, City Manager APPROVED AS TO FORM: By: Charles Bell Jr. City Attorney MAN K9, INC. By- .4444 wit Weer.e.44.1avet Juan Manuel Villanueva, Owner �. r/. MG1va i/t ltavvcvet, ,a►� D® CERTIFICATE OF LIABILITY INSURANCE 0DATE 6/10/2021mrr) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s). PRODUCER GOVERNOR INS AGENCY INC PO BOX 770 VIENNA, OH 44473-770 CONTACT NAME: PHONE (A/C, No, Ext): (888) 661-3938 FAX (A/C, No): (877) 872-7604 E-MAIL ADDRESS: service.center@travelers,com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA INSURED NUEVA-VILLA INC DBA OCEANSIDE PET HOTEL DBA FON-JON PET CARE CENTER 4422 FALLSBRAE RD FALLBROOK, CA 92028 INSURER B : INSURER C: INSURER D: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSTR LTR TYPE OF INSURANCE ADDL INSD SUER WVD POLICY NUMBER POLICY EFF (MM/OD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 680-2J529016-21-42 03/29/2021 03/29/2022 EACH OCCURRENCE $2,000,000 DAMAGE TORENTED PREMISES (Ea occurrence) $300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $5,000 X HIRED AUTO PERSONAL & ADV INJURY $2,000,000 X NON OWNED AUTO GENERAL AGGREGATE $4,000,000 GEI X L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO JECT PER: LOC PRODUCTS - COMP/OP AGG $4,000,000 $ AUTOMOBILE ""' .__._ LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ - - UMBRELLA EXCESS DED LIAB LIAB RETEATR71 OCCUR CLAIMS -MADE $ EACH OCCURRENCE AGGREGATE $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A PER STATUTE EERH E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ' ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 11 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD MAN K-9, INC. TRAINING CONTRACT Maintenance Training in Patrol and Narcotic Detection July I, 2021 to June 30, 2022 This is an agreement between Man K-9, Inc., operating in the State of California (hereinafter "Seller") and National City Police Department (hereinafter "Purchaser"). Whereas, Purchaser wishes to purchase from Seller certain dog training, specifically "Regular K9 Unit Maintenance Training" for NATIONAL CITY POLICE DEPARTMENT IN K9 PATROL and NARCOTIC DETECTION TRAINING for professional use. The names of all human dog handlers and their dogs who will be participating in the Regular Maintenance Training shall be attached as Exhibit "A" to this Agreement. The Regular Unit Maintenance is intended for 3 Single Purpose Patrol K9's for a THREE DOG unit, to maintain and keep its training up to date and shall consist of 16 hours of Patrol training per month for 12 month's), for a total Monthly rate of: SI,184.00 Bi-annual P.O.S.T evaluation is included, at no charge, when conducted on a scheduled training day. Purchaser shall be billed monthly following the completion of each month's training. All invoices are due upon receipt. A late charge of 1.5%, or the maximum amount allowed by law, shall be added to invoices outstanding more than thirty (30) days. Purchaser expressly understands that Seller makes no representations or warranties as to the health. safety, and/or fitness of the dog for the purpose and/or intent for which it is purchased. Purchaser acknowledges and agrees that owning any animal, including but not limited to the dog, has inherent risks, including but not Iimited to the risk of dog bites and/or attacks to Purchaser and others. As part of this contract, and not by way of limitation, Purchaser absolutely and forever waives and relinquishes all of his/hers/its rights under Section 1542 of the Civil Code of the State of California to any party receiving a release from him/her/it. That Section reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER. FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY III VI OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITII THE DEBTOR. In connection with such waiver and relinquishment, Purchaser acknowledges that it is aware that he may later discover facts in addition to or different from those which it now know s or believes to be true with respect to the subject matter of this Agreement, but that it is their intention hereby fully, finally and forever, to settle and release all released matters, known or unknown, suspected or unsuspected, which now exist, may exist or previously existed between them and the party granting the release. In furtherance of such intention, the releases given here shall be in. and shall remain in, effect as full and complete releases, notwithstanding the discovery or existence of any such additional or different facts. Purchaser acknowledges and understands that there are certain risks involved in police k9 training, boarding, and care. You release, indemnify, and agree to hold Seller harmless from any and all manner of damages, claims, loss, liabilities, costs of expenses, causes of actions or suits, whatsoever in law or equity (including, without limitation, attorney's fees and related costs) arising out of or related to the services provided by Seller. Purchaser expressly understands and agrees that Seller and its subsidiaries, affiliates. officers, employees, agents, partners and/or licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to: damages for personal injury to you and/or a third party resulting from (i) any and all actions and omissions during the dog training, whether on Seller's property or otherwise; (ii) any attacks and/or dog bites by the dog named above and subject to this contract OR any dog present at the dog training session; (iii) illness and/or injury to your dog caused by or related to any other animal present at the training. Purchaser further agrees to indemnify and hold Seller and its subsidiaries. affiliates, officers, employees, agents. partners and/or licensors (including but not limited to the owners and/or lessors of property where the training takes place) harmless from any and all actions made by any third party related to or arising from this contract, including but not limited to actions brought as a result of any dog bite and/or attack by the dog named above and subject to this contract. Purchaser expressly agrees that as part of this indemnity it will be responsible for any and all court costs, including but not limited to reasonable attorneys' fees for an attorney of Seller's choice, filing fees and additional costs. Seller shall not be responsible for incidents occurring with regards to the dog(s) while they are in the sole custody of the officer(s), provided the incident does not arise from the gross negligence or willful misconduct of Seller. Purchaser agrees to indemnify Seller for any claims for damages that arise while the dog(s) are in the sole custody of the officer(s) and the claim for damage arises out of the sole negligence or willful misconduct of Purchaser. Seller may provide Purchaser with certain equipment, including but not limited to: leather leash, choke chain, leather collar. Seller makes absolutely no representations regarding the condition and merchantability of any such items and Purchaser agrees to release, indemnify, and hold Seller harmless from any and all manner of damages, claims, loss, liabilities, costs of expenses, causes of actions or suits, whatsoever in law or equity (including. without limitation, attorney's fees and related costs) arising out of or related to the failure and/or defectiveness of any such equipment, including but not limited to any and all actions, including dog bites and/or attacks, by the dog subject to this Contract, and involving the failure and/or defectiveness of any such equipment. Purchaser expressly agrees that all basic k9 handler academies and decoy classes must be provided by MAN-K9. Purchaser expressly agrees that should Seller bring action against Purchaser related to this Contract, including but not limited to collection actions and/or actions due to Purchaser's breach of the contract, Purchaser shall be responsible for all collection and/or court costs, including but not limited to reasonable attorneys' fees for an attorney of Seller's choice, filing fees and additional costs. Purchaser expressly understands there is no express or implied warranty of merchantability related to products or services purchased or provided pursuant to this contract. If applicable, Purchaser agrees to provide Seller with a complete copy of its written policy on the use of police/security dogs. Seller and Purchaser expressly represent that Seller has no authority or discretion to create or modify Purchaser's policy on the use of police/security dogs. Under no circumstances shall Seller be deemed a policy -maker for Purchaser. Under no circumstances shall Seller be liable for any use of the dog, whether 1) in accordance with or contrary to any purpose stated in Purchaser's written policy; or 2) during the ordinary course of Purchaser's business or otherwise. Purchaser acknowledges that any of its subsidiaries, affiliates, officers, employees, agents, partners and/or licensors that take part in the training pursuant to this contract shall participate pursuant to the ordinary course of Purchaser's business, if any, and be covered by appropriate employee insurance(Workers' Compensation Insurance). Purchaser further expressly understands and agrees with the following, which is an integral part of the contract: i. MAN-K9INC. and its subsidiaries, affiliates, officers, employees. agents, partners and/or licensors. including but not limited to Manuel Villanueva, do not teach you, your officers, employees, agents, or partners, any classes related to the USE OF FORCE and do not dictate policy in the USE OF FORCE exercised by you, your officers, employees, agents, or partners. ii. MAN-K9 and its subsidiaries, affiliates, officers, employees, agents, partners and/or licensors, including but not limited to Manuel Villanueva, only teach dogs to perform according to Your policies and/or procedures. iii. You expressly warrant and represent that MAN-K9 INC. and its subsidiaries, affiliates, officers, employees, agents, partners and/or licensors, including but not limited to Manuel Villanueva are not policy -makers for you and/or your department or Agency. iv. MAN-K9 INC. and its subsidiaries, affiliates, officers, employees, agents, partners and/or licensors, including but not limited to Manuel Villanueva, do not teach, recommend, advise or dictate when you, your officers, employees, agents, or partners should deploy the dog(s) in actual police/security/patrol work. v. You expressly warrant and represent that any dog trained pursuant to this Contract, by MAN-K9 INC. and its subsidiaries, affiliates, officers, employees, agents, partners and/or licensors, including but not limited to Manuel Villanueva will be used only in accordance with the training provided and only for the purposes stated in Your department or agency's written policy. The parties expressly agree that this Contract is to be governed by the laws of California and any action arising from or related to this Contract, including actions to enforce any provision. shall be brought in the federal or state courts situated in Los Angeles. California. `l he parties expressly \Naive any defenses related to forum non corveni nv. personal jurisdiction or \ elute. ,VA)G{ Seller As Its:_ire st 91. f7 f Its: By: As