A G R E E M E N T
THIS AGREEMENT, dated for purposes of identification only this _____ day of __________, 2022, is made and entered into by and between the
CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as “ANAHEIM,”
A
N
D
INGLIS POLICE DOG ACADEMY,
hereinafter referred to as “TRAINER.”
W I T N E S S E T H:
WHEREAS, ANAHEIM and TRAINER desire to enter into an agreement pursuant to which TRAINER will provides law enforcement canine procurement, training, boarding, and other related services to ANAHEIM’s Police Department.
NOW, THEREFORE, FOR AN IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:
1. SCOPE OF SERVICES
In accordance with the Inglis Police Dog Academy Proposal attached hereto as Exhibit A and incorporated herein by reference, TRAINER shall provide the following training consistent with the ANAHEIM Police Department’s policies and procedures governing the use of law enforcement canines, copies of which shall be provided by ANAHEIM to TRAINER prior to the commencement of any training:
1) Conduct a basic canine handler academy for newly selected canine officers and newly acquired canines;
2 2) Eight (8) hours of monthly evaluations and training for ANAHEIM police department canine handlers and canines, on dates and at times to be mutually agreed upon by ANAHEIM and TRAINER;
3) Twenty-four (24) hour emergency assistance, when possible; 4) Unlimited training assistance and advice via telephone and/or e-mail communications:
5) Administration training as deemed necessary by ANAHEIM at additional cost;
6) ANAHEIM will give written training updates relating to canine training issues, including, but not limited to potential liability and tactics;
7) Arrange annual POST canine recertification.
8) Remedial training as deemed necessary by ANAHEIM, or TRAINER at additional cost if outside regular training days In addition, TRAINER shall assist ANAHEIM in the selection of canines as more particularly described in Paragraph 4 below.
2. TERM OF AGREEMENT
The term of this Agreement shall commence on December 1, 2022 and shall continue in full force and effect until the Contract Amount is exhausted , unless terminated sooner in accordance with Paragraph 14.
3. COMPENSATION
ANAHEIM shall pay TRAINER for services rendered pursuant to this Agreement as follows:
A. Basic Canine Handler Academy : The sum of Nine Thousand Dollars ($9,000), which shall include a 200 Hour Patrol Dog Academy ($5,000) and a 160 Hour Narcotic Detection Academy or Explosive and Gun Detective Academy ($4,000).
3 B. Maintenance Training: The sum of Two Thousand Dollars ($2,000.00) per patrol service canine annually to provide maintenance training, which shall include the training and other services described in Items 2 -8 in Paragraph 1 (Scope of Services), and at least 12 training sessions in A naheim per year.
C. Canine Purchase: The actual cost of the canine purchase, up to a maximum of Fifteen Thousand Dollars ($15,000.00), plus applicable taxes and shipping fees, per canine.
D. Boarding/Kenneling: Sixty Ni ne Dollars ($ 69.00) per canine per day.
E. Other Services: At the discretion of ANAHEIM, at the cost set forth in the Proposal (Exhibit A) at additional cost if outside of a scheduled training day.
The above pricing is for the first year of the Agreement. Pricing for future years shall be negotiated by ANAHEIM and TRAINER, The Parties further agree that the total compensation payable to TRAINER pursuant to this Agreement shall not exceed Four Hundred Thousand Dollars ($400,000) (“Contract Amount”).
No extra services beyond the scope of this Agreement shall be rendered by TRAINER , unless such extra services shall be authorized in writing by the Police Chief of ANAHEIM.
4. CANINE SELECTION AND GUARANTEE
TRAINER shall assist ANAHEIM in the selection of can ines that are, in the opinion of TRAINER, physically and temperamentally suited for use as patrol , narcotic or scent detection canines. ANAHEIM may, at its own expense, have an independent physical examination of the canine(s) prior to the purchase of the canine(s) by or on behalf of ANAHEIM. TRAINER shall guarantee any canine(s) selected by TRAINER and purchased by or on behalf of ANAHEIM for a period of one (1) year from the date of acquisition of the canine(s) against any congenital defects that would prevent the canine from performing its duties, including but not limited to hips, 4 shoulders and spine, and will replaced any defective canine(s) with an acceptable canine. The provisions of this section related to TRAINER’s guarantee shall survive termination of this Agreement.
5. RELEASE OF LIABILITY
TRAINER certifies acknowledges, and agrees that TRAINER is an experienced, well - qualified, and certified police K-9 trainer who is experienced in, and fully aware of, the activities to be undertaken in this Training.
TRAINER and ANAHEIM ARE AWARE that Training of this type is hazardous, involves significant risk, and may result in serious injury or death. TRAINER and ANAHEIM is participating in this Training with full knowledge of the danger involved and agrees to accept any and all risks of injury, that may occur during training.
The rights and obligations set forth herein shall survive the termination of this Agreement.
6. INSURANCE
A. Without limiting ANAHEIM’S right to indemnification, it is agreed that TRAINER shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence. This requirement may be satisfied by execution of a waiver confirming exemption from the California workers compensation statutory requirements.
Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor’s Liability, in an amount not less than $2,000,000 per occurrence, $4 ,000,000 annual aggregate, written on an occurrence form.
5 Comprehensive Automobile Liability Coverage including—as applicable—owned, non-owned, and hired autos, in an amount not less than $1,000,000 per occurrence, combined single limit, as required by California law.
Professional Liability Insurance in an amount not less than $2,000,000 per claim, and TRAINER shall maintain such coverage for at least one (1) year from the termination of this Agreement. Such insurance shall be written on a primary basis, but may include a deductible or self-insurance retention of not more than $10,000 per claim, provided that such deductible is disclosed to and approved by Client, in writing, at the inception of this Agreement.
B. Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions:
“ This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of cancellation for non-payment of premium that shall provide for not less than ten (10) days’ notice.” C. Each insurance policy required by this Agreement, except policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
“It is agreed that any insurance maintained by TRAINER pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of Anaheim.”
“ The City of Anaheim, its officers, agents, employees, representatives and ANAHEIM - designated volunteers are added as additional insured as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.” 6 D. ANAHEIM’S Risk Manager is authorized to amend the requirements or approve exceptions to the above requirements as set forth herein in the event such amendment or exception is in ANAHEIM’S best interest.
7. INDEMNIFICATION
As respects acts, errors or omissions in the performance of professional services, TRAINER agrees to indemnify and hold harmless ANAHEIM, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, arising directly out of the negligent acts, errors or omissions of TRAINER or any SUB-AGENT in the performance of professional services under this Agreement. TRAINER ’s indemnity obligations under this paragraph shall be limited to the amount of TRAINER ’s valid and collectable insurance.
As respects all acts, errors or omissions that do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by general and automobile liability insurance, TRAINER agrees to indemnify, defend (at ANAHEIM' S option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with TRAINER’S (or TRAINER'S AGENT or SUB-AGENT, if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims that arise out of the sole negligence or willful misconduct of ANAHEIM.
Except as o therwise provided in this Agreement, ANAHEIM agrees to hold harmless TRAINER, his employees and agents from any injury or damage which occurs during any training activity or at any training location. However, this hold harmless provision shall not apply to such actions, claims, damages to persons or property, penalties, obligations or liabilities arising from the sole negligence or willful misconduct of TRAINER , or his employees, agents, servants or independent contractors who are directly responsible to TRAINER. 7 The obligations set forth in this indemnification provision (i) sha ll be in effect without regard to whether or not ANAHEIM, TRAINER , or any other person maintains, or fails to maintain, insurance coverage, or a self -insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.
8. ENTIRE AGREEMENT
This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all oral or written representations or written agreements which may have been entered into between parties. No modification or revision shall be of any force or effect, unless the same is in writing and executed by the parties hereto.
If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions hereof, and to this extent, the provisions of this Agreement are intended to be and shall be deemed severable. The parties shall agree, if reasonably practicable, upon provisions which are equivalent from an economic point of view to replace any provision which is determined to be invalid.
9. ASSIGNMENT
Neither TRAINER nor ANAHEIM may assign or transfer this Agreement, or any part thereof, without the written consent of the other party.
10. CONTRACT ADMINISTRATION
The Chief of Police shall have the power to administer this Agreement including, specifically, the power to terminate the services as provided in Paragraph 14 below.
11. GOVERNING LAW
This Agreement shall be governed by the laws of the State of California. If any portion of this Agreement is held invalid under any applicable statute or rule of law, then such portion only shall be deemed invalid.
12. COMPLIANCE WITH LAWS
8 In the performance of this Agreement, TRAINER shall abide by and conform to any and all applicable laws of the United States, the State of California and the City Charter and Ordinances of ANAHEIM.
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13. NO WAIVER
No waiver or failure to exercise any right, option or privilege under the terms of this Agreement on any occasion shall be construed to be a waiver of any other right, option or privilege on any other occasion.
14. TERMINATION
Either ANAHEIM or TRAINER may terminate this Agreement upon giving the other party at least thirty (30) days’ prior written notice.
15. INDEPENDENT CONTRACTOR
TRAINER is at all times an independent contractor pursuant to this Agreement and shall not, in any way, be considered to be an officer, agent or employee of ANAHEIM.
16. NO THIRD PARTY RIGHTS
The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking established herein.
17. UNCONTROLLABLE FORCE (FORCE MAJEURE)
No party shall be considered to be in default in the performance of any of its obligations under this Agreement (other than obligations to make payments for bills rendered pursuant to this Agreement) when a failure of performance shall be due to uncontrollable force. The term “uncontrollable force” shall mean any cause beyond the control of the party unable to perform such obligations, including, but not limited to, failure of or threat of f ailure of facilities, flood, earthquake, storm, drought, fire, pestilence, lightening and other natural catastrophes, epidemic, war, riot, civil disturbance or disobedience, strike, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non- 9 action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, which by the exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome. ///
18. NOTICES
Notices and communication concerning this Agreement shall be sent to the following addresses:
ANAHEIM: City of Anaheim
Attention: City Clerk
200 S. Anaheim Boulevard, Suite 217
Anaheim, CA 92805
With a copy to:
Police Department
Canine Unit Commander
425 S. Harbor Blvd
Anaheim, CA 92805
TRAINER: Inglis Police Dog Academy
Attn: Daniel Inglis
3889 N. Southbank Rd.
Oxnard, CA 93036
Either party may, by notice to the other party, change the address specified above.
Service of notice or communication shall be complete, if personally served, when received at the designated address, or five (5) days after deposit of said notice or communication in the U.S. mail.
19. AUTHORITY AND EFFECTIVE DATE
TRAINER and TRAINER’S signators represent that the signators are authorized to execute this Agreement on behalf of TRAINER and to bind TRAINER hereto.
The effective date of this Agreement shall be December 1, 2022.
[SIGNATURES ON FOLLOWING PAGE]
10 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.
Date of Execution
CITY OF ANAHEIM
a municipal corporation
By:
Trevor O’Neil, Mayor Pro Tem
“ANAHEIM”
ATTEST:
By:
City Clerk of the City of Anaheim
Date of Execution
INGLIS POLICE DOG ACADEMY
By:
Printed Name
Title
" TRAINER"
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By: __
Kristin A. Pelletier
Chief Assistant City Attorney, Civil Division
Dated:
147106
EX
HIBIT A
TRAINING BASED ON CONTROL, OBEDIENCE, AND TACTICALAPPLICATIONS Instructors / Owners– David, Daniel, and Debbie InglisThe Inglis Police Dog Academy is a family-owned business dedicatedto training working police service dogs since 1975 Mailing addressInglisPolice Dog Academy 3889North Southbank Road.Oxnard, Calif. 93036Dave Inglis- Liability instructor- (805) 701-7403Debbie Inglis – Office Manager – (805) 320-1653
Daniel Inglis – Head Trainer- (805) 701-3318
Email: [email protected]
INGLIS POLICE DOG ACADEMY
Introduction
The Inglis Police Dog Academy is proud to present our services. • Basic Patrol School (5 weeks)• Weapon Detection School (4 weeks)• Narcotic Detection School (4 weeks)• Explosive Detection School (4 weeks)• Hard Surface Tracking School (3 weeks)• Weekly Maintenance Training (10 hrs.)• 6 Month Review Academy Classes (3 days)• 1 year review academy class (3 days)• Helper/Agitator school (2 days)• K-9 Manager School (1 week – 8 weeks)• Family Police service Dog Orientation (2 hours)• Managing an Effective Canine Unit (16 hours)• Dual purpose classes are available Management
The Inglis police dog academy has over 115 years of combined training knowledge in the field of Police service dogs. Lt.David Inglis (ret) has thirty-two years personal experience as a police officer in the state of California. 18 years withdirect experience as a K-9 handler, and K-9 manager. Debbie Inglis breeds and trains dogs for police, she began importingdogs for police service from Europe in 1979. Daniel Inglis has been working with police K-9 teams for 18 years. Heprovides all above classes for handlers. Our programs are designed to cover every aspect of K-9 handling and problemsolving, as well as guidance for handlers and K-9 management.
Dogs have been oursoulcareer for many years, andwe plan to continue this family tradition for many more to come.Your complete satisfaction will always be our goal.
Our experience in the field of dogs comes from a variety of sources. • Assisting K-9 Sgt. LAPD Doug Roller and Sgt Mike Goosby as a decoy for problem solving and control training during LosAngeles County Police Canine Associations yearly POST certification and training seminars beginning 2008.• Training and maintaining police dogs - Teams under our supervision have excelled as exceptional patrol dogs and detectiondogs as well as entering many police K-9 competitions locally and internationally. Dogs under our training supervision havebecomeworld championsat the World police and firegames 3 times (Canada 1989, Tennessee 1991, and Canada 1997)• Developed the outline and established instructors for POST K-9 manager’s course in 1996. We continue to teach andcoordinate this program to date. 2
• Presided as a Judge for over 20 police dog trials.• Founder and training director of Channel Island Police and Schutzhund Club. (Founded in 1986)• trained and supervised eight K-9 and handlers’ teams for narcotic detection searches throughout the US under our company“dog scents”.• Worked with military dogs and handlers (Air Force and Navy) providing both training and seminars.• Additional dog training experience – Schutzhund, German breed ring - competing nationally and internationally. Private,group, and in-house dog training. Field hunting dogs, Search, and rescue, A.K.C. obedience.• Importing and breeding European German Shepherds since 1975.• Owners of a full-service boarding kennel since 1989 – Inglis Pet Hotel• Breed warden for National German Shepherd club• Members of the following National organizations -United Schutzhund clubs of America (U.S.A.), North American ringassociation, American Working dog Federation• Instructors for the International police canine conferences.• Past member of the Breed advisory committee for U.S.A.
Objectives
OUR GOAL IS TO PRODUCE A K-9 AND HANDLER TEAM THAT WILL BE ANASSET TO YOUR AGENCY AND COMMUNITY.
We believe that through consistency in training, and providing an excellent foundation during basic training, K-9 liabilitycan be kept to an acceptable minimum. Our years of experience with dogs have also enabled us to teach handlers how tocare for their K-9 partner’s health and wellbeing. With our classroom lectures we help handlers understand their K-9’sabilities and shortcomings and keep them informed about today’s current legal issues and liabilities. We also understandthe need for public K-9 demonstrations and will educate the handler on how to present themselves as a team in aprofessional manner.
We provide training according to your agency’s specifications. The chart below is a synopsis of the programs that we provide. 3 Obedience The following will be performed on and off leash. Sit,down, come, stand, stay, finish, and heeling. Hand signalsfor each command.Agility 5’ wall, tunnels, through windows, catwalk, chain linkfence, incline wall, bar jump and barrel pyramid.Explosivesand or Gundetection Perform a passive indication after locating explosivematerialsThe K-9 will be taught a minimum of 9 basic odors.Tracking The K-9 will follow a ground track and indicate on thearticles that have been left by the tracklayer.Narcotics Indicate after locating any one or combination ofmarijuana, hash, cocaine, heroin, and meth. (Includingecstasy)Apprehension Suspect apprehension, handler protection, open area andbuilding searches, felony car stops, muzzle, full suite andundercover sleeve, consistent OUT/ releaseLectures Scent disbursement, case law, liability, K-9 pack behavior,K-9 work logs, performing public K-9 demonstrations.Classes K-9 care and management, nutrition, and exercise.Helper/agitatorschool.
Designed to help the student understand the correctmethods of presenting bite training equipment, teachesbasic K-9 behavior and how to prevent injury to K-9 orhuman. (We recommend anyone who wants to be a handleror who wants to help work a department K-9 on duty takesthis class.)Class fordepartmentmanager K-9 Officer selection, budget control, substance rotationand disbursements, problem solving (handlers and or K9s),overseeing K-9s health, training log reviews, teamperformance evaluation, public relations, and funding forK-9 units.
Police service dog orientation An open invitation to all law enforcement officers interested in becoming part of a K-9 unit. Featurinhandlers as well as their spouses. Addressing what P.O.S.T. qualification testing will be held following patrol, narcotics, and explosives classes. If the team fails to qualify, they will continue training atno additional charge until qualified 4 Canine
Inglis Police Dog Academy will provide a dog (German Shepherd, Malinois, Dutch Shepherd or a breed suitable fordetection or tracking soly) between the age of 15 months and 4 years, male or female. Additional age and breed optionsare available upon request. Dogs that we provide will have a general health certificate as well as x-rays of hips, elbowsand spine which shall be free of disease. The canine may be taken to the Veterinarian of the department’s choice for anymedical examination. Veterinary costs that occur due to medical testing will be at the expense of the purchasing agency.We will unconditionally guarantee any agency accepted K-9 against congenital defects for one years after the date ofpurchase. This also applies to the suitability of the dog and handler team, provided the dog is returned in the same healthand physical condition as it was sold to agency. We will guarantee the dog for six months, for dog and handlercompatibility. 5 Cost Summary
We offer 4 maintance training days a week Monday-Thursday. K-9 teams are welcome and encouraged toattend training weekly on any of those available days. The cost of maintance training per K-9 team is$2,000.00/year per team. Daniel inglis is willing to commute to Orange County at-least 12 times in a 12-monthperiod.
Listed below are our current K-9 Academy prices when attending class in Ventura County.
Police Patrol and Detection Dog
$10,000.00-15,000.00
Patrol Dog Academy (200 hours)extra/ specialty or Emergency hourly rate $5,000.00$100.00
Narcotic Detection Academy (160 hours) $4,000.00
Boarding/ kenneling k9 (per day) $69.00
Basic E-collar Class (16 hours)
$300.00
Explosive and or Gun Detection Academy (160 hours)
$4,000.00
Hard Surface Tracking (120 hours)
$3,000.00
Helper/Agitator School (2 days)
$200.00
Service Dog w/ Patrol and Narcotics Academy
$19,000.00+tax on dog
Service Dog w/ Patrol and Explosives Academy
$19,000.00+ tax on dog
6 Breed Program in America
We began importing and breeding German Shepherds from Germany in 1979. In 2000 we decided to begin a breedingprogram for Police service dogs. Since that time, we have personally raised and placed 16 dogs to a variety of Policeagencies.
Conclusion
We would like to thank you for giving us the opportunity to present what we feel is the most complete K-9 trainingservice available. We hope you continue to consider us for your program. If we can be of any further service, or youwould like additional information or references, please feel free to contact us.
Sincerely,
David, Debbie, and Daniel Inglis 8/9/22 7 Detection Team photo Vehicle stop Guard and bark Muzzle Full suit Agility Repelling Obedience Tracking Class lectures S.W.A.T.
Helicopter The Street 8 All photos in this proposal are dogs we have either provided or have been part of our training group. 9