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HomeMy WebLinkAbout96-067 - City of Kent - Police Dog TrainingK -9 TRAINING CONTRACT PAGE 1 CONTRACT BETWEEN THE CITY OF TUKWILA AND THE CITY OF KENT FOR POLICE DOG TRAINING 1 o 7 9- Z THIS AGREEMENT is entered into by and between the City of Tukwila, Washington, and the City of Kent, Washington, to provide Police Dog Maintenance Training services for the City of Tukwila. The City of Tukwila will hereafter be referred to as "Tukwila" or the "City." The City of Kent will hereafter be referred to as "Kent Police Department." RECITALS 1. The City has determined the need to maintain a police dog, or K -9, program by providing proper Maintenance Training for both the dog and handler. 2. The City desires to have the Kent Police Department provide such Police Dog Maintenance Training services, pursuant to the terms and conditions set forth below. 3. The Kent Police Department represents and warrants that they have a Master Trainer, Ron Price, available with the proper skills, experience and certifications, listed in appendix A, to provide Police Dog Maintenance Training for the City's police dog and handler. NOW, THEREFORE, the parties hereto agree as follows: 1. The Kent Police Department agrees: (a) To provide regular scheduled Police Dog Maintenance Training, as K -9 TRAINING CONTRACT PAGE 2 described in section (d), for the City's police dog and handler, at the rate of one training session every five weeks; provided this schedule is subject to alteration when /if the Kent Police Department trainer, the Tukwila handler, or the dog is ill or otherwise unable to train. The City will be responsible for payment of every session not cancelled twenty four hours in advance. Notice of cancellation shall be made directly to Detective Ron Price. The Kent Police Department will give the City twenty four (24) hours notice of any training session cancellation. (b) All Police Dog Maintenance Training described in this contract will be provided by Ron Price. (c) To maintain the credentials and "Master Trainer" status of Police K -9 trainer Ron Price in full force and effect throughout the duration of this contract. (d) That Police Dog Maintenance Training consists of regulating, monitoring, observing, evaluating and providing instruction in the following areas: Obedience training; Dog and Handler skill level; Tracking and apprehension training; General Patrol K -9 work; 2. The City agrees: (a) To provide reimbursement monies to the Kent Police Department for the overtime costs of providing the described Police Dog Maintenance Training, at the rate of $36.00 per hour for a minimum of eight and no more than ten scheduled, six hour training K -9 TRAINING CONTRACT PAGE 3 sessions per year, and for the duration of this contract. (b) To provide reimbursement monies to the Kent Police Department in accordance with the Kent Police Department billing procedures, after the agreed Police Dog Maintenance Training has begun. 3. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Kent Police Department nor any employee of the Kent Police Department shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Kent Police Department, or any employee of the Kent Police Department. 4. In the event of any claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this agreement, each party shall defend, indemnify and hold the other party harmless for losses attributed to each party's own comparative negligence. 5. Record Keeping and Reporting. The City shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services obtained or given in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 6. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 7. Termination. This Agreement may at any time be terminated by the City giving to the Kent Police Department thirty (30) days written notice of the City's intention to terminate the same. 8. Discrimination Prohibited. The Kent Police Department shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Kent Police Department to be provided under this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or presence of any sensory mental or physical handicap. 9. Assignment and Subcontract. The Kent Police Department shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 10. Entire Agreement. This Agreement contains the entire Agreement between the parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the Agreement. Proposed changes which are mutually agreed K -9 TRAINING CONTRACT PAGE 4 upon shall be incorporated by written amendments to this Agreement. 11. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Notices to the Kent Police Department shall be sent to the following address: City Clerk City of Kent 220 4th Avenue South Kent, Washington 98032 12. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. f� 1 DATED this f day of 1_5 L 19 CONTRACTOR: CITY OF KENT CITY OF TUKWILA Mayor, John W. Rants Attest/Authenticated: K -9 TRAINING CONTRACT PAGE 5 yor, Jim White City Clerk, Jane Cantu Approved as to form: OFFICE OF THE CITY ATTORNEY: K9-K.wpd K-9 TRAINING CONTRACT PAGE 6 7 d e /21