HomeMy WebLinkAboutContract 45618 CITY SECRETARV
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TRAINING SERVIC ES AGREEMENT
HIS AGREEMENT made and entered into by and between. National Association of School.
Resource officers, Inc., a Florida non-profit corporation, whose address: is 2020 valleydale
Road, Hoover, AL 35244, hereinafter referred to as "'NASRO"), and the City of Foil Worth, a
Texas municipal corporation, acting by and through its duly authorized Assistant City Manager,
Charles Daniels (hereinafter ref rred to as "the AGENCY."
WHEREAS, the AGENCY desires to retain the services of NASRO to conduct a Basic
School Resource officer Training Program hereafter referred to as "Training Program")
consisting of 401 hours of classroom instruction for School Resource Officers (hereafter
referred to as "SROs") and other attendees; and
WHEREAS, NASRO has an established Training Program and has qualified instructors
to meet the reeds of AGENCY for the education of SROs designated by the AGENCY.
NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter
set forth,AGENCY and NASRO agree as follows,.
I TERM AND COMPENSATION
NASRO agrees to provide to AGENCY required instructors and student materials for the l
Training Program during July 7-11, 2014.
AGENCY agrees to pay NASRO compensation in the amount of Seven Thousand, Nine
Hundred Dollars ($7,900.00), which represents the minimum guarantee to NASRO, to
conduct said Training Program. This minimum guaranteed payment includes the training l
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of twenty 2 SB.os at a. tuition rate of$395.00 each. In the event that the number of l
SROs permitted by the Agency to attend the training program exceeds twenty o SROs
the AGENCY agrees to pay NASRO three hundred ninety five dollars ($395.o0) for each l
additional SRO from AGENCY attending,the Training Program.
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2, SERVICES TO PROVIDED
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NASRO.o will provide at least one 1 qualified instructor for the Training Program. who
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will facilitate forty (40) .hours of instruction, which consists of five .. eight hour
days during July 7-1.1, 2014. NASRO shall complete the Training Program as outlined in
Exhibit A `Co` arse Outline," which is attached and incorporated into this Agreement. 1
The location for the Training Program is as follows: 1
Foil Worth Police and Fire Academy 1
1
1 000 Calvert St.
Fort Worth,
Texas as + 1 !
All SRO materials provided during the Training Program, instructor's per diem, lodging,
travel, and incidental expenses will he the sole responsibility of NASRO.
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NASRO and City of Foil Worth RECORD
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AGENCY sham be responsible for providing the classroom facilities and audio/visual
equipment needed by NASRO for each session of the Training Program.. NASRO agrees
to provide AGENCY a list of necessary audio/visual equipment needed at least two (2)
weeks prior to the start of the Training Program. NASRO also agrees to provide
AGENCY information regarding the classroom size necessary to conduct the Training
Program at least two (2) months before the start of the Training Program. Refreshment
breaks for each session, if any,shall be the responsibility of AGENCY.
All participants who successfully complete the Training Program shall receive a
complimentary one-year (annual)--regular membership in NASRO.
2. PAYMENT FOR SERVICES
Final payment for all services to be provided pursuant to this Agreement shall be made to
NASRO within.thirty (3 0) days after the start of the course.
3. INDEPENDENT CONTRACTOR
NASRO shall select the means, method, and manner of performing the services herein.
Nothing is intended or should be construed in any manner as creating or establishing the
relationship of co-partners between the parties hereto or as constituting NASRO as the
agent, representative, or employee of AGENCY for any purpose or in any manner
whatsoever. NASRO is to be and shall remain an independent contractor with respect of
all services performed under this Agreement. NASRO represents that it has, or will
secure at its own expense, all personnel required in performing services under this
Agreement. Any and all personnel of NASRO or other persons while engaged in the
performance of any work or services required by NASRO under this Agreement shall
have no contractual relationship with AGENCY and shall not be considered employees of
AGENCY. Any and all claims that may or might arise under the state workers'
compensation law on behalf of said personnel, arising out of employment or alleged
employment, including, without limitation, claims of discrimination against NASRO, its
officers, agents, contractors, or employees shall in no moray be the responsibility of
AGENCY. NASRO shall defend, indemnify, and hold AGENCY, its officials, officers,
agents, and employees harmless from any and all such claim to the extent of its general
liabilit y insurance limits. Such personnel or other persons shall neither require nor be
entitled to any workers' compensation, rights, or benefits of any kind whatsoever from
AGENCY, including, without limitation, tenure rights, medical and hospital care, sick
and vacation leave, workers' compensation or disability claims. Nothing herein shall be
construed as creating a partnership or joint venture between the AGENCY and NASRO,
its officers, agents, employees and sub-consultants (or subcontractors), and doctrine of
respondent superior has no application as between the AGENCY and NASRO.
require f its s co tra to s to m a release and NASRO--shall e h s
in ien� i y :fa or.. A EN CY.. in.sub tantially the same fo��rn as aba�re. This section shall
survive the expiration or ternnination of this Agreement.
Training Services Agreeinernt Page 2 of 10
NASRO and City of Fort woi-th
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4. NON--DISCRIMINATION
NASRO, in the execution, performance or attempted performance of this Agreement, will
not discriminate against any person or persons because of disability, age, familial status,
sex, race, religion, color or national origin, nor will NASRO permit Its officers, agents,
employees,independent contractors, or subcontractors to engage in such discrimination.
5. INSURANCE
NASRO agrees at all times to carry Comprehensive General Liability Insurance issued in
the amounts and by a company or companies satisfactory to AGENCY. A Certificate of
Insurance will be provided to AGENCY upon request.
NASRO shall provide the City with one or more certificates of insurance documenting
policies of the following minimum coverage limits that are to be in effect prior to
commencement of any work pursuant to this Agreement:
5.1 Coverage and Limits
(a) Commercial General Liability$1,000{000 Each Occurrence $2,000,000
(b) worker's Compensation
Statutory limits Employer's liability $100,000 Each accident/occurrence
$100,000 Disease --per each employee $500,000 Disease-policy limit
This coverage may be-written as follows:
Workers ' Compensation mid Employers' Liability coverage with limits consistent
with statutory benefits outlined in the Alabama workers' Compensation Law.
D.-- Certificates.
Certificates of Insurance evidencing that the NASRO has obtained all required
insurance shall be delivered to the City prior to NASRO proceeding with any
work ursuant to this Agreement. All policies except workers' Compensation
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shall be endorsed to name the City as an additional insured thereon, as its interests
may appear, All policies shall contain a waiver of Subrogation for the benefit of
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the City of Fort Worth. The term City shall include its employees, officers,
officials, agent, and. volunteers in respect to the contracted services. Any failure
on the part of the City to request required insurance documentation shall not
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constitute a waiver of the insurance requirement. A Minimum of thirty (30) days
notice of cancellation or reduction in limits of coverage shall be provided to the
City, (10) s notice shall be acceptable in the event of non-payment of
� Ten days .
premium. Such terms shall be endorsed onto NASRO's insurance policies. Notice
shall be sent to the Risk Manager City of Fort worth, 100 `I lrockn�orton, Font
Worth, Texas 76102, with copies to the City Attorney at the same address.
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NASRO and City of Fort Worth
6. LIABILITY AND INDEMNIFICATION
NASRO SMALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS,
PR OPEC T Y DAMAGE ANDIOR PERSONAL INJUR Y, INCLUDING DEATH,", TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSER TED, TO THE EXTENT
CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL
MISCOND UCT OF NASRO,ITS OFFICERS,AGENTS,SER VANTS OR EMPLOYEES.
NASRO AGREES TO DEFEND, INDEMNIFY, AND HOLD THE AGENCY, ITS OFFI CERS,
AGENTS, SERVANTS, AND EMPL O FEES HARMLESS AGAINST ANY AND ALL CLAIMS,
LA WS UITS,A CTI DNS, COS I S,AND EXPENSES of ANY"ND,INCL UDING,B UT NO LIMITED
TO, THOSE FOR PROPERTY DAMAGE OR LOSS(INCL UDING ALLEGED DAMA GE OR LOSS TO
OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY
(INCL UDING DEA TH) THA T MA Y RELA TE TO, ARISE O UT OF OR BE OCCASIONED .B Y (I)
NASR O'S BREACH OF ANY OF THE TERMS OR PR O VISIONS OF THIS AGREEMENT OR (H)
ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF NASRO, ITS
OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE
AGENCY), OR SUBCONTRACTORS RE`LATE`D TO THE PERFORMANCE OF THIS AGREEMENT;
EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL .TOT APPL Y TO
ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE AGENCY OR ITS
OFFICERS N , AND IN THE EVENT OF
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JOINT AND CONCUR-RENT NEGLIGENCE OF BOTH NASRO AND AGENCY, RESPONSIBILITY,
I F ANY, SHALL BE A PPOR TI'ONE'D COMPA.RA TI VEL Y IN ACCORDANCE WITH THE LA WS OF
THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF T HE
AGENCY'S GOVERNMENTAL IMMU11�.ITYAS FURTHER PROVIDED BY THE LAWS OF TEXAS.
7. COPYRIGHTS
AGENCY acknowledges that the Training Program and the materials used during the
Training Program are the copyrighted work product of NASRO, which may not be
copied, duplicated or released by AGENCY to any other person or entity without the
expressed written permission of NASRO.
8. RECORDS--RIGHT TO AUDIT
NASRO agrees that the Agency shall, until the expiration of three (3) years after final payment
under this Agreement, have access to and the right to examine any directly pertinent books,
documents, papers and records of NASRO involving transactions relating to this Agreement.
NASRO agrees that the Agency shall have access during normal working hours to all necessary
NASRO facilities and shall be provided adequate and appropriate workspace in order to conduct
audits in compliance with the provisions of this section. The AGENCY shall give NASRO
reasonable advance notice of intended audits.
NASRO further agrees to include in all its subcontracts hereunder a provision to the effect that the
subconsultant agrees that the AGENCY shall, until the expiration of three (3) years after final
payment under the subcontract, have access to and the right to examine any directly pertinent books,
documents, papers and records of such subconsultant, involving transactions to the subcontract, and
further, that AGENCY shall have access during normal working hours to all subconsultant facilities,
and shall be provided adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of this article. AGENCY shall give subconsultant reasonable advance notice of
intended audits.
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NASRO and City of Fort worth
9. NON-ASSIGNMENT
Neither party may assign, subcontract, transfer, or pledge this Agreement and/or the
services to be performed hereunder, whether in whole or in part, without the prior written
consent of the other party.
10. MERGER AND MODIFICATION
a. It is understood that the entire Agreement between the parties is contained herein
and that this Agreement supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All items referred to in this
Agreement are incorporated or attached and are deemed to be part of this
Agreement.
b. Any alterations, variations, modifications, or waivers of provisions of this
Agreement shall only be valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties hereto.
11. DEFAULT AND CANCELLATION
a. Except as otherwise provided in this Agreement, if NASRO cancels the
Agreement or fails to administer and perform the Training Program as set forth
herein, it shall constitute default. AGENCY may, upon written notice, (a)
demand specific performance by NASRO that the Training Program be conducted
at a later date agreed on by the parties, but no later than August 15, 2014, or (b)
cancel the Agreement in its entirety with no cost to the AGENCY. In the event
that AGENCY cancels this Agreement prior to the Training Program or fails to
perform its obligations pursuant to this Agreement, NASRO may elect to (a)
terminate performance under this Agreement, or (b) invoice AGENCY for the
actual cost incurred by NASRO to the date of termination, plus a twenty percent
(20%) administrative fee.
b. AGENCY and NASRO acknowledge that the instructors and participants may be
active law enforcement officers who by virtue of their occupation may, at any
time during the term of this Agreement, be subject temporary assignment to meet
a local, regional or national emergency resulting in the cancellation or
postponement of one or more training sessions. In such event, NASRO shall be
entitled to receive compensation at a prorated rate for those training sessions
actually completed prior to cancellation or postponement of one or more training
sessions.
C. The above remedies shall be in addition to any other right or remedy available to
NASRO and AGENCY under this Agreement, Texas law federal law, and/or in
law or equity.
d. The parties' failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
waiver of the same, unless consented to in writing. Such consent shall not
Training Services Agreement Page 5 of 10
NASRO and City of Fort worth
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constitute a general waiver or relinquishment throughout the entire term of the
Agreement.
e. This Agreement may be canceled with or without cause by either party upon
thirty(30) day's prior written notice to the other pa- ty.
12. CONTRACT ADIUIINISTRATION
In order to coordinate the services of NASRO with the activities of AGENCY so as to
accomplish the purposes of this Agreement, AGENCY shall designate someone in
writing to NASRO that shall manage performance of this Agreement on behalf of
AGENCY. Likewise, NASRO shall designate someone in writing to AGENCY that
shall coordinate performance by NASRO in this Agreement.
13. NOTICES
Any notice or demand which must be given or made by a party hereto under the terms of
this Agreement or any statute or ordinance shall be in writing, and shall be sent registered
or certified mail. Notices shall be sent as follows.
As To AGENCY: As To NASRO:
Charles W. Daniels ,lames M. Canady
Assistant City Manager Executive Director
1000 Throckmorton National Association
Fort worth, Texas 76 102 Resource Officers Inc .
2020 valteydale Road,
Suite 207A
Hoover,AL 35244
14. VENUE AND JURISDICTION
S'
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance of this Agreement, venue for said action shall lie in Tarrant
County, Texas.
15. APPLICAABLlE LAW
This Agreement shall be construed under and in accordance with Texas law.
16. FORCE MAJLURE
Performance pursuant to this Agreement by either party is subject to acts of God, war,
government regulation, disaster, strike, civil disorder, curtailment of transportation facilities,
elimination of government funding or travel restriction, acts or threats of terrorism, governmental
travel advisories, any health threat declaration or pandemic (e.g. SARS) in the Jurisdiction of the
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AGENCY or on a national or regional basis that causes a reduction of attendees or other causes
beyond the parties' reasonable control thus making it unpractical or illegal to perform its
obligations under this Agreement; or for any frustration of purpose for which the Training
Program is being held. 1n such event, either party may cancel this Agreement without penalty or
Training services Agreement Page 6 of 10
NASRO and City of Fort wot-th
liability for any one or more of such reasons by written notice within three (3) days or as soon as
practical from one party to the other of such occurrence or receipt of notice of any of the above
occurrences. For use in this Agreement, the word "19urpose" as referenced above is defined to
mean the ability of NASRO to hold a successful Training Program at the Fort Worth Police and
Fire Academy or in the Fort Worth metropolitan area. This would include a group perception of
the safety of persons and property in and around the AGENCY as a result of an actual or
threatened man-made or natural disaster changing the atmosphere or environment of the
AGENCY and surrounding areas, or any other situation affecting the reputation of the AGENCY
in the national community, or any unforeseen event or series of events that affects or the abilltxr
of NASA O to conduct a successful Training Program. Y
17. GOVERNMENTAL POWERS
Both Parties agree and understand that the AGENCY does not waive or surrender any of its
governmental powers by execution of this Agreement.
18. DISCLOSURE OF CONFLICTS
NASRO hereby warrants to the AGENCY that NASRO has made full disclosure in writing of an
y
existing or potential conflicts of interest related to NASRO's provision of the Training Program. In
the event that any conflicts of interest arise after the execution of this Agreement, NASRO hereby
agrees to make full disclosure to the AGENCY in writing in-mediately upon learning of such
conflict.
19. COMPLIANCE WITH LAWS., ORDINANCES,RULES, AND RE,GULATIONS
NASRO, its officers) agents, servants,* employees:, and subcontractors, shall abide by and comply
with all laws federal, state and local including all ordinances, rules and regulations of AGENCY.
inances,,
It is agreed and understood that f AGENCY calls to the attention of NASRO any such violation on
the part of NASRO or any of its officers agents, servants, employees, or subcontractors then
NASA O shall immediately desist from and correct such violation.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day
and year hereinafter set forth.
WITNESS
,City of Fort or
00;e<
000/ 0107 01"'01/'
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By: 00,
00
........ (h4tles W. Daniele
761
Ass istal nt City Manager
Date: 495.
Training Set-vices Agreement
Page 7 of 10
NASRO and City of Fort Worth
WITNESS National sso l.ation of School Resource,Officers,
By.- 10'001 'I I
W/ /v
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Zi) -
amen K'Cahady
Kern illia so `title: E Director.
Training Coordinator Date: (4/Z 01/1 q
APPROVAL RECOMMENDED: Contract Authorization:
By: <1414� Ov. 7So MC /A
J of r4 CHAtead Date Approved.- N A
Chief of Police
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APPROVED AS TO FORM ATTEST: ..,, .
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heal Say ng Ma J. ayser 00
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Exhibit Assistant ' it Attorney Cit Secretary
Course Outline
"Aye One
The coi- ",begins v c i n "� t "i e. � �t d i� w c s ebool basepolice. i i�.. .t s and the » *, � j�a
of tl . 'R rogt-cirri. _f'lnie is pet diSCLIIS61112 (he Roles ati l Responsi bil i ties of i school bitised
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lice officei- and itite ni'ffi cr that 'l% t-into , or her schooll, corftnlUr "
Att'Andee
tatight the ri Coticept reinindincy them that the SRO needs tio batance the role of law
raft ni iit officer �'th that of<-m it i_in.,,i] coutiselor and lUcaL i. .l h n.7.ai.i lei f t o day i.`
spent pt*ep ritio the SRO le i-PLiblic Speaking aill C ki i om I-)i-epareciness. An explaj-'iation of
�� Relate "d i.i i t���i�i�� �t� ��� "er the t i t� �� ' � �� �e �r��t� SR e , iti �i�i i�� i°�ir i�. y �.
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'lie SRO l'i'i ,t�cri : 1"'nad (,,'oti p�t
Roles aiid Responsibilities ofthe SRO
Public Speaki
Law Related Edticatioll
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Day Two
The attendee will-spend a nmjor portion of the day dev-elopincr skills necessary for their role as a
I teacher. Instructional Techniques and Teaching Skills are covered as well as tine for Lesson
1 Plan Development. AS .0 does not supply a pre-packaued euniculurn,,but rather emphasizes
the skills necessary to create J-11dividual lessons and curricifliu-n based on-the needs of the sel-Lools
served. By sharing classroom scenarios and student personalities, the attendees will uflderstand
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the need for proper Classroom Management. Time will be allowed at the conclusion of the day
for attendees to research and prepare individual lesson plans.
i Instructional Tecllnites
Classroom Manacrement
Lessol-L Plan Development
Preparation Time
Da v Three
The role of"Informal counselor or problem solver" is probably one of the most important roles
the School Resource Officer xNdll assume for their school. The attendee will have all opportunity
to role-play and conbibute experiences as a law enforcement officer. The class Nvi U then start the
transition to p roblem solver within the school and working with adolescents. Additional topl.cs
the adolescent and potential problem areas 'riclude discussions on Child-Abuse
emphasizin( I
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Adolescent Stress Dysfimctional Families,and working Nvith Children with Special Needs.
Counse-lino-
Adolescent Emotional Issues
Child Abuse
Dvsftinctional Families
Special Education
Day Four
School Safety focuses on the SRO's role as both a resource provider and law-enforcement
officer. This includes maintaining a safe school environment and a broad discussion on topics,
related to school safety including handling assaults theft burglary. bon-ib threats., weaponst,
alcohol and drug incidents. Complementing school safety issues is -a block of instruction on
1_`Mergency M anagement or"Crisis Pla lin't
n.g." The course will examine the main points of a
school crisis plan and disc-Liss the SRO's responsibilities during a crisis or potentially dangerous 4 incident.
School Safety Procedures
Emer
a
gency management
Crime Prevention
'ubstance Abuse
School Law
Course Review
Final Examination
Training Services Agreement Page 9 of 10
NASRO and City of Fort Worth
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Day Ft"Ve
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Crime Prevention is an lnte ral part of a School Resource Officer's.� � . T
� � rce C�ft��,e� s role �n the schools. T�tn�.is
spent exanunn g ways the SRO can be a resource liz the area of Crime-Prevention witli special
en1p cIS on Crime Prevention Tirot igh Env i t onnlelital Design.A bloc
k of information on
Substance Abuse issues Is co�rered as well as an impoilant discussion on.School Related F -
i e�Lam. A.
course review takes place before a final, -vvritten exatu Is administered and course certI.Ecater are
issued.
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Training Services Agreement Page 10 of 10
Fort Worth
NASRO and City of g