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HomeMy WebLinkAboutPSA with National Association of peer Program Professionals for Peer to Peer Engagement GrantPROFESSIONAL SERVICES AGREEMENT WITH NATIONAL ASSOCIATION OF PEER PROGRAM PROFESSIONALS FOR TRAINING AND CERTIFICATION SERVICES This PROFESSIONAL SERVICES AGREEMENT WITH NATIONAL ASSOCIATION OF PEER PROGRAM PROFESSIONALS FOR TRAINING AND CERTIFICATION SERVICES ("Agreement") is made this day of May, 2016 ("Effective Date"), by and between the City of Meridian ("City"), a municipal corporation organized under the laws of the State of Idaho and National Association of Peer Program Professionals, a nonprofit corporation organized under the laws of the State of Missouri, by and through its President, Judith A. Tindall ("Trainer"). City and Trainer may hereinafter be collectively referred to as "Parties." WHEREAS, the Meridian Police Department ("MPD") has received a Peer -to -Peer Engagement Grant ("Grant") through the Idaho Office of Highway Safety ("OHS"), one objective of which is to provide peer-to-peer training and certification to MPD personnel, and Trainer is competent to provide such training and certification; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Trainer shall, from June 14, 2016, through June 17, 2016, at the Public Safety Training Center, located at 1223 E. Watertower Avenue, in Meridian, Idaho, provide to MPD two (2) two-day training sessions, entitled "How to Start a Peer -to -Peer Helping Program" (June 14-15, 2016), and "Youth Highway Traffic Safety Program: Adult Professionals" (June 16-17, 2016), and all deliverables related thereto, as described in Exhibit hereto ("Training"). II. COMPENSATION. A. Compensation. City shall utilize Grant funds to reimburse Trainer for the following costs: 1. Training fee in the amount of seven thousand, two hundred and fifty-one dollars ($7,251.00), which fee shall include any and all costs of Trainer's travel, transportation, lodging, food, provision of services, and any and all other expenses related to Trainer's delivery of the Training and related materials and deliverables. 2. Certification fees in the amount of thirty-five dollars ($35.00) per individual trained at the Training, which fee shall include certification of each individual through, and registry with, the National Association of Peer Program Professionals. B. Method of payment. Following Trainer's delivery of the Training to MPD and registration of all individuals trained and certified at the Training with the National Association of Peer Program Professionals, Trainer shall provide to City a completed W-9 form and itemized invoice enumerating all expenses for which reimbursement is sought under this Agreement. In order to obtain reimbursement for certification fees, Trainer shall enumerate by name all PROFESSIONAL SERVICES AGREEMENT— PEER TO PEER TRAINING PAGE I of 8 individuals certified following completion of the Training. City shall make payment to Trainer within thirty (30) days of receipt of the completed W-9 form and invoice. C. No taxes withheld. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Trainer under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Trainer. III. TIME OF PERFORMANCE. A. Training date. Trainer shall deliver the Training to City from June 14, 2016, through June 17, 2016. B. Time of the essence. Trainer acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. IV. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Trainer shall indemnify, save, and hold harmless the City and OHS and any and all of their employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Trainer, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Trainer's obligations under this Agreement. Trainer specifically, without limitation, agrees to indemnify, defend, and hold City and OHS, their officers, elected officials, appointees, agents, directors, members, and employees harmless from and against any claims related to the Training or to this Agreement. B. Waiver. Trainer waives any and all claims and recourse against City and OHS, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Trainer's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City and OHS or their officers, agents or employees. C. Worker's Compensation insurance. Trainer shall obtain and shall maintain, at its own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Training, workers' compensation insurance, in an amount required by law, to cover any and all persons employed by Trainer. D. Other insurance Trainer's responsibility. City shall not provide insurance to cover loss, theft, or damage of Trainer's property or to cover any activity undertaken by Trainer in the ftirtherance of Trainer's rights or obligations described herein. Insurance Trainer's person, property, or interests and/or that of Trainer's employees or agents shall be the sole PROFESSIONAL SERVICES AGREEMENT — PEER TO PEER TRAINING PAGE 2 of 8 responsibility of Trainer. Trainer shall obtain all necessary insurance as may be required in order to protect Trainer's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the Training or any component thereof. V. TERMINATION. A. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination, The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Trainer for work actually completed by Trainer prior to the date of written notice of termination and any additional services actually performed prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Trainer. In the event of termination for non-performance or default by Trainer, all finished and unfinished source code and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become its property. Notwithstanding this provision, Trainer shall not be relieved of any liability for damages sustained by City attributable to Trainer's breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Trainer is determined. B. Non -waiver of breach. Except as otherwise expressly stated in this Agreement, waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. V1. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Trainer is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Trainer and City or between Trainer and any official, agent, or employee of City. Both parties acknowledge that Trainer is not an employee of City. Trainer shall retain the right to perform services for others during the term of this Agreement. PROFESSIONAL SERVICES AGREEMENT - PEER TO PEER TRAINING PAGE 3 of 8 B. Compliance with law. Throughout the course of this Agreement, Trainer shall comply with any and all applicable federal, state, and local laws. C, Non-discrimination. Throughout the course of this Agreement, Trainer shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. G. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. I. Successors and assigns, All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. J. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Trainer: National Association of Peer Program Professionals Judith A. Tindall, President 58 Portwest Court St. Charles, Missouri 63303 MPD: Meridian Police Department Attn: Chief Jeff Lavey 33 E. Broadway Avenue Meridian, Idaho 83642 PROFESSIONAL. SERVICES AGREEMENT — PEER TO PEER TRAINING PAGE 4 of 8 Either party may change its address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the 1i day of May, 2016. TRAINER: A !j 010, Judith A. 4njall, Ph.D., CPPE, NAPPP Certified Trainer/Consultant President, NAtional Association of Peer Program Professionals CITY OF MERIDIAN: BY: Attes Tanury y eerd, Mayor Jacy ones, Z-'/Vj t 1IA' SFAL PROFESSIONAL SERVICES AGREEMENT— PEER TO PEER TRAINING PAGE 5 of 8 EXHIBIT A TRAINING DESCRIPTION PROFESSIONAL SERVICES AGREEMENT - PEER TO PEER TRAINING PAGE 6 of 8 National Association of Peer Program Professionals NAPPP National Association of Peer Program Professionals ESTABLISH A PEER HELPING PROGRAM (Can be tailored to local needs) Two Days This dynamic training is for all BEGINNERS in peer helping program development. Learn about program start-up, program implementation, and program maintenance. Learn how to apply NAPPP Standards and Ethics. Peer helping programs can include one-on-one helping, mentoring, mediation, tutoring, and leadership. This training is designed to help the adult professional learn the basic steps in putting together any peer -led program. Bring your ideas and creativity. This is a process -based training, and every participant will be involved. It's most effective when training takes place with a team. Focus will be on identifying local needs, plus highway traffic safety and evaluation of peer programs. Each participant will be presented with their Certified Peer Program Educator certificate at the end of the training. The Adult Peer Resource Team Training will focus on the following: • Identifying needs in building/community (Ex, Low academics, conflict) • Logistics of training (credit, club etc.) Time will be spent on evaluation of student learning • Know National Standards and Ethics around peer resource programs • How to coordinate with other peer leadership programs • Selection of the peer leaders, helpers, mediators, tutors etc. • Utilization of peer resources (Short and long term) • Understanding the rational for peer programs • How to organize your program • Roles of team members • Evaluation model of peer programs • Public Relations • Plan of Action The team training will involve some lecture, small group work, role playing. Materials will be provided. Participants will receive: ✓ One year of membership in the National Associations of Peer Program Professionals; ✓ Certified Peer Program Educator (CPPE) designation -Grant will pay for $35 initial fee. Renewal fee of $20 after one year; ✓ NAPPP Certificate of Attendance with hours ✓ CEU's available for Health Educators (CHES); ✓ CEU's available for Addiction Professionals; ✓ CEU's for Social Work Pending, PROFESSIONAL SERVICES AGREEMENT— PEER TO PEER TRAINING PAGE 7 of 8 ✓ Optional Graduate credit available through Lindenwood University. Must apply directly to Lindenwood Universirty. ✓ If the organization/school has had a program for over a year, can apply for the NAPPP Certified Peer Program designation. Youth Highway Traffic Safety Program: Adult Professionals Training to deliver Youth "Highway Traffic Safety for Youth Peer Leadership Training: Zero Tolerance for Underage Drinldng, Drug Use and Driving; Seat Belt Use and Distracted Driving" Two days The Adult traffic safety training institute will help those peer program professionals, drivers education teachers, School Resource Officers and other adults plan an effective program for their peer helpers/leaders using the NAPPP curriculum "Youth Highway Traffic Safety Peer Leadership Training: Zero Tolerance for Underage Drinking, Drug Use and Driving; Seat Belt Use, Distracted Driving." The student curriculum has been through a rigorous program evaluation over the last several years. The adult professionals will have the opportunity to learn how to use the curriculum, learn program evaluation skills to evaluate the program, review several power point materials to strengthen their training with youth leaders and create a plan for their peer helpers/leaders to deliver safety messages to their peers in a group setting and one-on-one. Highway traffic crashes are still the number one killer or youth and considered to be a worldwide health issue. All peer helper programs need to provide educational lessons to their peers to save lives through "Youth Saving Youth." Participants will receive the student curriculum and professional leaders guide. Participants will receive: ✓ NAPPP Certificate of attendance, ✓ One year of membership in the National Associations of Peer Program Professionals, ✓ Optional Graduate credit available through Lindenwood University- must work directly with Lindenwood. ✓ CEU's pending for Educators, Health Educators, Addiction Professionals and Social Work pending. PROFESSIONAL SERVICES AGREEMENT- PEER TO PEER TRAINING PAGE 8 Of 8