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HomeMy WebLinkAbout2005 CON MAN K9, Inc. - In Service Training of K9 TeamsAGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND MAN—K9, INC. THIS AGREEMENT is entered into this 1st day of March 2005 by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and MAN--K-9, Inc. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to procure and train police service dogs and their handlers; WHEREAS, the CITY has determined that the CONTRACTOR is a_a provider of such services and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the Revised August 2003 CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10 % from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. LIEUTENANT RAY ALLEN hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. ,MANUEL VILLANEUVA thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the CITY Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGR EMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit A. S. DI POSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 Revised August 2003 The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRAC- TOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. 3 Revised August 2003 The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 10. LICENSES. PERMITS. ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for 4 Revised August 2003 training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said 5 Revised August 2003 acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR'S employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any Toss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree - I. Insurance shall be written with only Califomia admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. ment. 17. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or 6 Revised August 2003 dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY or CONTRACTOR. Termination without cause shall be effective only upon 60-day's written notice to theCITY or CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR or CITY as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. 7 Revised August 2003 E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: CHRIS ZAPATA City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: MANUEL VILLANEUVA MAN K9, Inc. 2909 LUIS REY ROAD OCEANSIDE, CA 92054 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify 8 Revised August 2003 any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 9 Revised August 2003 1. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: APPROVED AS TO FORM: alit George H. Eiser, III City Attorney MA1)- k f 2-VC. (Two signatures required for a corporation) By: (Title) By: ctnu (N me) (Title) 10 Revised August 2003 MAN-K9 INC Exhibit- A National City Police Department Atten. Mr. Rudolf Hredecky 1200 National City Blvd National City, CA. 92050 Feb. 18, 2005 Dear Gentlemen The purpose of this proposal is to provide a description of our services and prices for Police canines, initial training, weekly maintenance training and handler selection and training. It takes a team effort in order for a city to have a successful canine unit. The team consists of sound dogs, capable handlers, knowledgeable trainer, and a dedicated department supervisor. As you proceed through the information we are certain that you will be excited about what we have to offer. Our goal is to provide your department with the best service available at a reasonable cost. Handler Basic Training Course: The duration of this course is four to six weeks.. Once basic training is completed the k-9 team must pass an evaluation test and be certified by a P.O.S.T. certified evaluator before they are allowed to patrol the city streets. All k-9 teams must pass a yearly evaluation in order to continue actively on patrol Weekly Maintenance Training: Maintenance training is essential to maintain an efficient level of performance in police k-9s. There has to be sufficient time available for the k-9 team to train while on patrol and in the weekly sessions with the trainer. The duration of the weekly maintenance training is four hours per week. The administration has to set aside a reasonable amount of hours dedicated strictly to the weekly maintenance training of all the dogs in the unit, without sacrificing quality and dependability. In maintenance training the dog is exposed to and trained in more complicated exercises demanding more sophisticated performance. The following is an example of these exercises: multiple suspects, clearing vehicles, muzzle work, tactical obedience, tactical agility, on leash trailing, live gunfire, aquatic apprehension, running call off, apprehension over obstacles, and recognition of an uniformed police officer. These are only a few of the skills which police dogs are taught during the weekly maintenance training sessions Dogs for sale: The dogs are a minimum of a year old. The breeds we recommend are the Belgium Malinois and German Shepard. For Narcotic Detection the above breeds are potential candidates as well as Labrador Retrievers or Golden Retrievers. Dogs Guarantee: Our dogs are guaranteed for 12 months after purchase. MAN-K9 INC. guarantees the dog to be free of any medical problems or genetic defects. MAN-K9 INC. will replace any dog that has a genetic defect at no cost to the agency. All of our dogs are Exhibit A examined by our veterinarian before initial training. If a canine has a performance problem it will be replaced within the first year for free, provided that we determine the problem had nothing to do with the lack of proficient training or proper handling. History of Dogs: Ninety-five percent of our canines are imported from France, Germany, or Belgium. The other 5% are dogs purchased locally from breeders of dog sport fanciers. Some of the dogs arrive already titled in Schutzhund, ring sport, or P.D-I. Regardless of the title, which the dog holds, it will be retrained for Police work to meet the P.O.S.T minimum standards before it is certified to work in the community. Service and Price for National City Police Department 1. Weekly Maintenance Training for k9 Unit: Price per hour at a discount rate $50.00 2. Police Service Dog P.O.S.T. Certified Cost of one canine $7000.00 Training of one handler is included in this price. The dog is trained in California P.O.S.T minimum standard for Police canines ( Obedience, Handler Protection, Apprehension, Call ofC Area search and Building search. 3 Handler Course (Intermediate, Advanced and Problem Solving) Patrol $150.00 per session Narcotic $100.00 per session Tracking $100.00 per session If you have any questions please call me at 760-505-4082 Sincerely 634;sto, Manuel Villanueva President EXPLANATION City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 1 , 2005 AGENDA ITEM NO. 4 ITEM TITLE RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO ENTER INTO AN AGREEMENT WITH MAN K-9. INC. FOR THE IN-SERVICE TRAINING OF NCPD POLICE K-9 SERVICE TEAMS AND THE PURCHASE OF AND ACADEMY FOR NEW K9 AND HANDLER - $11,300.00 FY 04/05, AND $18,900.00 FOR FY 05/06 PREPARED BY DEPARTMENT RAY ALLEN ADOLFO GONZALES. LIEUTENANT, (336-4514) CHIEF OF POLICE BACKGROUND: In January 2005, two (2) K-9 officers were promoted to senior officers. One of the Police Service Dogs (PSD's) is being transferred to a new K-9 handler but one of the PSD's is being retired (for medical reasons) thus the need for a replacement. The Department will be in the process of purchasing a new PSD and then train both new teams. Since 1992, the National City Police Department (NCPD) has used the San Diego Police Department (SDPD) to train their canine handlers and Police Service Dogs. They have trained eight Police Canine Teams at their facility on Home Avenue since the training conunenced. This training consisted of a "basic academy" of 280 hours before a team can be certified. After the initial training, the SDPD also assisted with four hours of in- service training each week. At that time, the SDPD also provided training for K-9 Teams from the California Highway Patrol, Chula Vista Police Department and the El Cajon Police Department. In January 2005, because of budgetary restrictions, the San Diego Police Department decided to discontinue providing in-service training to outside agencies. Without this relationship, NCPD had to seek other avenues to accomplish in-service training. In-service training is absolutely necessary to reduce exposure to "use of force" complaints and litigation against the City and officers. The teams cannot be deployed until the mandatory training has been completed. Environmental Review X N/A Financial Statement FY 04/05 — Costs Would Be Approximately $11,300.00 FY 05/06 — Costs Would Be Approximately $18,900.00 STAFF RECOMMENDATION 40244 (u,. k% w ! be 001-411-000-259-0000 Account No Approve Resolution to enter into a five year agreement with Fon-Jon Kennels/Man K-9 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) LIST OF SERVICES AND PRICES FROM MAN K- 0 Resolution No. 'i 00S-3`1 A-200 (9/80) Council Agenda Statement Police Canine Training Page 2 The options available at this time for training the NCPD Canine Teams are as follows: Adlerhorst Kennels in Riverside, The San Diego Sheriff's Department, or Fon-Jon Kennels/Man K-9. Adlehorst Kennels: Adlehorst Kennels and training facilities are located in Riverside. Due to the mileage involved and the overtime to train in Riverside, Adlerhorst Kennels is not a viable option for the National City Police Department. The San Diego County Sheriff's Department: The two factors that limit training with the Sheriff's Department. They are (a) use of a lot of overtime and (b) the type of training. The San Diego County Sheriff's Department has a large Canine Division, in addition. the San Diego Sheriff's Department deploys their canine teams primarily in large open areas and their in-service training is focused for that work environment. The NCPD Canine Teams are used more for urban areas and building searches so this is the type of training needed during in-service training. For the National City Police Department to train with the San Diego Sheriff'.s Department, overtime would be a major limiting factor because they train during the day and the NCPD Canine Teams are deployed mostly during the evening and night time hours. The overtime that would be used for the necessary training would be approximately $754.00 per week. Training with the San Diego Sheriff's Department is not recommended due to the cost and the type of training offered. Fon-Jon Kennels/Man K-9: The last option available to NCPD is with Fon-Jon Kennels/Man K-9. The NCPD currently use this facility to house the police service dogs when the handler is on vacation and/or out of town for training. The company is owned by Mr. Manuel Villanueva who has experience training police service dogs for 22 years. Mr. Villanueva currently trains all of the police service dogs for the Carlsbad Police Department, Oceanside Police Department and as of January 1, 2005, the Chula Vista Police Department. The cost is $50.00 per hour and he typically trains for four hours per night. Mr. Villanueva charges the same price per hour for any number of police service dogs training that day. Also, Mr. Villanueva is willing to travel to National City to train our police service dogs. He provides his own equipment (bite suits and sleeves) including the agitators so the officers do not have to take turns being the "suspect". The teams get to train the entire four hours as they did when training with San Diego Police Department. Mr. Villanueva is a California Police Officer's Standards and Training (P.O.S.T.) certified police service dog trainer. His cost to train/certify a new police canine is $7,000.00. This includes the cost of the police service dam. This is a significant cost savings to the City because the purchase price for the canine is normally approximately $6,800.00 - $7,500.00 and did not include the training. Mr. Villanueva is very aware of the type of police service dog the NCPD needs for their Police Canine Teams and Programs. The Police Department recommends the City of National City enter into a five year agreement with Fon-Jon Kennels/Man K-9 to train the National City Police Department Police Canine Teams. It is estimated that the costs for the in-service training, police service dog purchase and academy and the re -certification for FY 04/05 would be approximately $11,300.00. The costs for FY 05/06 would be, $18,900.00 which includes the cost of the police service dog, academy and training, or $11,900.00 for the training only. Attached is a list of services and prices from Fon-Jon Kennels/Man K9 which is located at 2909 at Luis Rey Road, Oceanside, CA 92054. RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MAN K-9 IN THE AMOUNT OF $30,200 FOR IN-SERVICE TRAINING OF POLICE K-9 SERVICE TEAMS, AND THE PURCHASE AND ACADEMY TRAINING OF A NEW POLICE SERVICE DOG AND ITS HANDLER WHEREAS, the City desires to employ a consultant to provide in-service training of the Police Department's K-9 Service Teams, and the purchase and academy training of a new police service dog and its handler; and WHEREAS, the City has determined that Man K-9 is a qualified California Police Officer's Standards and Training (P.O.S.T.) certified police service dog training company and is qualified by experience and ability to perform the services desired by the City, and Man K-9 is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an agreement with Man K-9 in the amount of $30,200 for in-service training of the Police Department's K-9 Service Teams, and the purchase and academy training of a new police service dog and its handler. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of March, 2005. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RESOLUTION NO. 2005 — 37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH MAN K-9 IN THE AMOUNT OF $30,200 FOR IN-SERVICE TRAINING OF POLICE K-9 SERVICE TEAMS, AND THE PURCHASE OF AND ACADEMY TRAINING FOR A NEW POLICE SERVICE DOG AND ITS HANDLER WHEREAS, the City desires to employ a consultant to provide in-service training of the Police Department's K-9 Service Teams, and the purchase of and academy training for a new police service dog and its handler; and WHEREAS, the City has determined that Man K-9 is a qualified California Police Officer's Standards and Training (P.O.S.T.) certified police service dog training company and is qualified by experience and ability to perform the services desired by the City, and Man K-9 is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an agreement with Man K-9 in the amount of $30,200 for in-service training of the Police Department's K-9 Service Teams, and the purchase of and academy training for a new police service dog and its handler. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 1st day of March, 2005. ATTEST: sr Q, Mich el Della, C y Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney eb) k Inzunz-. ayor Passed and adopted by the Council of the City of National City, California, on March 1, 2005, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA of Cit Clerk National City, California of the Cit C By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2005-37 of the City of National City, California, passed and adopted by the Council of said City on March 1, 2005. City Clerk of the City of National City, California By: Deputy City of National City Office of the City Clerk 1243 National City Boulevard, National City, California 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 March 15, 2005 Mr. Manuel Villanueva MAN K9 Inc 2909 Luis Rey road Oceanside CA 92054 Dear Mr. Villanueva, On March 1, 2005, Resolution No. 2005-37 was passed and adopted by the City Council of the City of National City, authorizing the Mayor to execute an agreement with MAN K-9 in the amount of $30,200 for in- service training of Police K-9 Service Teams, and the purchase of and academy training for a new police service dog and its handler. We are forwarding a certified copy of the above Resolution and one fully executed original agreement. Sincerely, Martha L. Alvarez Deputy City Clerk /mla Enclosure cc: NCPD File No. C2005-6 ® Recycled Paper