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HomeMy WebLinkAboutContract 46930 CITY sacpj Aw 4L CONTRACT NO. 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 Valteydale 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, Rudy Jackson(hereinafter referred to as"the AGENCY.") WITNESSETH: 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 a 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 with the required instructors and student materials for the Training Program during August 10-14,2015. AGENCY agrees to pay NASRO compensation in the amount of Three Thousand Nine Hundred Fifty Dollars ($3,950.00), which represents the minimum guarantee to NASRO, to conduct said Training Program. This minimum guaranteed payment includes the training of ten (10) SROs at a tuition rate of$395.00 each. 1n the event that the number of SROs permitted by the Agency to attend the training program exceeds ten (10) SROs,the AGENCY agrees to pay NASRO three hundred ninety five dollars ($395.00) for each additional SRO from AGENCY attending the"braining 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 August 10-14, 2015. 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 m 505 W.Felix St. C-) Fort Worth,Texas 76115 m m Training Services Agreement � NASRO and City of Fort Worth-2015 OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX All SRO materials provided during the Training Program, instructor's per diem, lodging, travel, and incidental expenses will be the sole responsibility of NASRO. AGENCY 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 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(30)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 way 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 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 AGENCY and NASRO. Training Services Agreement Page 2 of l 1 NASRO and City of Fort Worth-2015 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, scx, race, religion, sexual orientation, 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. NASRO shall provide AGENCY 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 and Employers' 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 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 Training Services Agreement Page 3 of t 1 NASRO and City of Fort Worth-2015 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 City Attorney at the same address. 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 ACTS) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OFNASRO,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES. NASRO AGREES TO DEFEND, INDEMAVFY, AND HOLD THE AGENCY, ITS OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS,ACTIONS, COSTS,AND EXPENSES OFANYKIND,INCLUDING,BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS(INCL UDINGALLEGED 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 (ll) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF NASRO, IIS 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 LIABILITY 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 IMMUNITYAS 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 Training Services Agreement Page 4 of 1 I NASRO and City of Fort Worth-2015 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. 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 perfonnance by NASRO that the Training Program be conducted at a later date agreed on by the parties, but no later than August 17, 2015, 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 to temporary assignment to Training Services Agreement Page 5 of I I NASRO and City of Fort Worth-2015 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, unless consented to in writing. Such consent shall not 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 party. 12. CONTRACT ADMINISTRATION In order to coordinate the services of NASRO with the activities of AGENCY 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 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: Rudolph Jackson James M. Canady Interim Assistant City Manager Executive Director 1000 Throckmorton National Association Fort Worth,Texas 76102 Resource Officers Inc 2020 Valleydale Road, Suite 207A Hoover, AL 35244 14. VENUE AND JURISDICTION -ted, at law or in equity, arise out of the execution, Should any action, whether real or asse performance, attempted performance of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Nor-them District of Texas, Fort Worth Division. Training Services Agreement Page 6 of 1 1 NA SRO and City of Fort Worth-2015 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 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 fiull disclosure to the AGENCY in writing immediately upon learning of such conflict. 19. SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he or she has the legal authority to execute this Agreement on behalf of his or her respective Party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other Party is fully entitled to rely on this warranty and representation in entering into this Agreement. Training Services Agreement Page 7 of 1 1 NASRO and City of Font Worth-2015 20. 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 executed this Agreement on the day of ,2015. . WITNESS City of Fort Worth X By: � ,t. U4�::s+�:�,, Rudolph Ocklon Title: Interim Assistant City Manager Date: 17- A /S ��l WITNESS NQtionalA Sociation of S oo es6urce O 6cers,Inc B ' James . C ady Kerri Williamson, Title: Exec 'rector Training Coordinator j Date: 3 ( S OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX "Training Services Agreement Page R of 1 l NASRO and City of Fort Worth-2015 APPROVAL RECOMMENDED: Contract Authorization: By24M&C: N/A Rhonda K.Robertson Date Approved: N/A Chief of Police / Date: GG APPROVED AS TO FORM ATTEST: -v AND LEGALITY: By: V By: a= Victoria D.Honey Mari J. kays Assistant City Attorney City Secretary �J* OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Exhibit A Training Services Agreement Page 9 of 1 I NASRO and City of Fort Worth-2015 Course Outline 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 community. 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 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 will understand 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. 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 within the school and working with adolescents. Additional topics emphasizing 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 Training Services Agreement Page 10 of 11 NASRO and City of Fort Worth-2015 Child Abuse Dysfunctional 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, 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 Law Course Review Final Examination Day 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 11 of 11 NASRO and City of Fort Worth-2015