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HomeMy WebLinkAboutContract 45618 (2)CITYy�sEc�rcr Mom. GI�1,Y IX TRAINING SERVICES AGREEMENT THIS 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 Fort Worth, a Texas municipal corporation, acting by and through its duly authorized Assistant City Manager, Charles Daniels (hereinafter referred to as "the AGENCY.") WITNESSETII: 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 40 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 needs 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: 1. TERM AND COMPENSATION NASRO agrees to provide to AGENCY required instructors and student materials for the 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 of twenty (20) SROs at a tuition rate of $395.00 each. In the event that the number of SROs permitted by the Agency to attend the training program exceeds twenty (20) SROs, the AGENCY agrees to pay NASRO three hundred ninety five dollars ($395.0O) for each additional SRO from AGENCY attending the Training Program. 2. SERVICES TO BE PROVIDED NASRO will provide at least one (1) qualified instructor for the Training Program who will facilitate forty (40) hours of instruction, which consists of five (5) — eight (8) hour days during July 7-11, 2014. NASRO shall complete the Training Program as outlined in Exhibit A "Course Outline," which is attached and incorporated into this Agreement. The location for the Training Program is as follows: Fort Worth Police and Fire Academy 1000 Calvert St. Fort Worth, Texas 76107 All SRO materials provided during the Training Program, instructor's per diem, lodging, travel, and incidental expenses will be the sole responsibility of NASRO. Training Services Agreement NASRO and City of Fort Worth OFFICIAL RECORD CITY SECRETARY hat NORM, TX Page 1 of 10 RECEIVED MAY 1 9 2014 AGFNCY shall 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 infoiniation regarding the classroom size necessary to conduct the Training Progiam 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 (30) days afiei 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 way be the responsibility of AGENCY. NASRO shall defend, indemnify, and hold AGENCY, its officials, officers, agents, and employees haunless from any and all such claim to the extent of its general liability 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 AGFNCY and NASRO. NASRO shall require all of its subcontractors to include in their subcontracts a release and indemnity in favor of AGENCY in substantially the same form as above. This section shall survive the expiration or termination of this Agreement. Training Services Agreement Page 2 of 10 NASRO and City of Fort Worth 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 Fmployer's liability $100,000 Each accident/occurrence 5100 000 Disease -pei each employee $500,000 Disease -policy limit This coverage may be written as follows: Workers ' Compensation and Fmployers' Liability coverage with limits consistent with statutory benefits outlined in the Alabama Workers' Compensation Law. 5.2 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 pursuant to this Agreement. All policies except Workers' Compensation 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 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 constitute a wailer of the insurance requitement. A minimum of thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium Such terms shall be endorsed onto NASRO s insurance policies. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the Cit) Attorney at the same address. Training Set vices Agreement Page 3 of 10 NASRO and City of Fort Worth 6. LIABILITY AND INDEMNIFICATION NASRO SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSIONS), MALFEASANCE OR INTENTIONAL MISCONDUCT OF NASRO, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES NASRO AGREES TO DEFEND INDEMNIFY, AND HOLD THE AGENCY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) NASRO'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (II) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF NASRO, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE AGENCY), OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LLABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE AGENCY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH NASRO AND AGENCY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE AGENCY'S GOVERNMENTAL IMMUNITY AS 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 AGFNCY 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. Training Services Agreement Page 4 of 10 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 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 Except as otherwise provided in this Agreement, if NASRO cancels the Agreement or fails to administer and perform the Timing 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. 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 foi 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. 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 Seivices Agreement NASRO and City of Fort Worth Page 5 of 10 constitute a general waiver or relinquishment throughout the entire teim 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 party. 12. CONTRACT ADMINISTRATION 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 Agieement 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: Charles W. Daniels Assistant City Manager 1000 Throckmorton Fort Worth, Texas 76102 14. VENUE AND JURISDICTION As To NASRO: James M. Canady Executive Director National Association Resource Officers Inc 2020 Valleydale Road, Suite 207A Hoover, AL 35244 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 he in Tarrant County, Texas. 15. APPLICABLE LAW This Agreement shall be construed under and in accordance with Texas law. 16. FORCE MAJEURE 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 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 impractical or illegal to perform its obligations under this Agreement; or for any frustration of purpose for which the Training Program is being held. In such event, either party may cancel this Agreement without penalty or Training Services Agreement Page 6 of 10 NASRO and City of Fort Worth 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 "purpose" 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 ability of NASRO to conduct a successful Training Program. 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 any 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 immediately upon learning of such conflict. 19. COMPLIANCE WITH LAWS, ORDINANCES, RULES, AND REGULATIONS 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. It is agreed and understood that, if 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 NASRO 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 By: Title : Date: Training Services Agreement NASRO and City of Fort Worth City of Fort Worth ha"rles W. Daniel Assistantsant City Manager isiCas Page 7 of 10 WITNESS W%-titiLL: idutilay-viva-on/4-d Kerri Williamson, Training Coordinator APPROVAL RECOMMENDED: By: W.$ Jeffre . Ha stead Chief of Police Date: se: 1ct l4 APPROVED AS TO FORM AND LEGcA.LITV: By: Jessica San Assistant ang Attorney National Association of School Resource Officers, Inc By: ames M. Ca ady Title: xecutive Director Date: 1-1/3011 �! Contract Authorization: M&C: N/A Date Approved: ATTEST: By: -} -flak Ma J. ayser Cit ' Secretary Exhibit A Course Outline N/A Day One The course begins with an extensive overview of school based police programs and the History of the SRO Program. Time is spent discussing the Roles and Responsibilities of a school based police officer and integrating that officer into his or her school conhrnunhty. Attendees will be taught the Triad Concept reminding them that the SRO needs to balance the role of law enforcement officer with that of an informal counselor and educator. The remainder of the day is spent preparing the SRO for Public Speaking and Classroom Preparedness. An explanation of Law Related Education will cover the main objective for an SRO's educational program. Attendees will be required to participate in a brief public speaking exercise. History of School Based Policing The SRO Program: Triad Concept Roles and Responsibilities of the SRO Being a Positive Role Model Public Speaking Law Related Education Training Services Agreement NASRO and City of Fort Worth OFFI':IL I P ECORD l CITY SECRETARY FFT� WORTH, TX Day Two The attendee will spend a major portion of the day developing skills necessary for their role as a teacher. Instructional Techniques and Teaching Skills are covered as well as time for Lesson Plan Development. NASRO does not supply a pre -packaged curriculum, but rather emphasizes the skills necessary to create individual lessons and curriculum based on. the needs of the schools served By sharing classroom scenarios and student personalities, the attendees a i11 under stand the need for proper Classroom Management. Time will be allowed at the conclusion of the da) for attendees to reseal ch and prepare individual lesson plans. Instructional Techniques Classroom Management Lesson Plan Development Preparation Time Day Three The role of "informal counselor or problem solver" is probably one of the most important roles the School Resource Officer will assume for their school. The attendee will have an opportunity to role-play and contribute experiences as a law enforcement officer The class will then start the transition to problem solver w ithin the school and working with adolescents. Additional topics emphasizing the adolescent and potential problem areas include discussions on Child Abuse, Adolescent Stress, Dysfunctional Families. and working with Children with Special Needs. Counseling Adolescent Emotional Issues Child Abuse Dysfunctional Families Special Education 41,014. 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, bomb threats, weapons, alcohol and drug incidents. Complementing school safety issues is a block of instruction on Emergency Management or "Crisis Planning." The course will examine the main points of a school crisis plan and discuss the SRO's responsibilities during a crisis or potentially dangerous incident. School Safety Procedures Emergency Management Crime Prevention Substance Abuse School Late Course Review Final Examination Training Services Agreement Page 9 of 10 NASRO and City of Fort Worth Days Five Crime Prevention is an integral part of a School Resource Officer's role in the schools. Time is spent examining ways the SRO can be a resource in the area of Crime Prevention with special emphasis on Crime Prevention Through Environmental Design. A block of information on Substance Abuse issues is covered as well as an important discussion on School Related Law. A course review takes place before a final, written exam is administered and course certificates are issued. Training Services Agreement Page 10 of 10 NASRO and City of Fort Worth