AGREEMENT
THIS AGREEMENT, dated for purposes of identification only this ___ day of __________, 2023, is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation, hereinafter referred to as "ANAHEIM,"
A
N
D
SAVAGE TRAINING GROUP, hereinafter referred to as “CONSULTANT.”
ANAHEIM and CONSULTANT are sometimes individually referred to herein as “Party” and collectively as “Parties.”
W I T N E S S E T H:
WHEREAS, ANAHEIM is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Anaheim; and
WHEREAS, ANAHEIM desires to obtain the services of a consultant to develop and present up to twelve (12) sessions of the Practical De-Escalation and Tactical Conduct training course for employees of the Anaheim Police Department; and WHEREAS, CONSULTANT represents that it is qualified to perform the professional consulting services described in this Agreement.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL
PROMISES, COVENANTS AND CONDITIONS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
2 1. SERVICES TO BE PROVIDED BY CONSULTANT
CONSULTANT shall provide to ANAHEIM the labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately provide services in accordance with the "Scope of Work " attached he reto as Exhibit A and incorporated herein by reference.
2. TERM
The term of thi s Agreeme nt shall commence on the Effective Date and shall terminate when the training described in Exhibit A is complete or by August 31, 2024, whichever comes first, unless terminated earlier pursuant to Section 20 of this Agreement.
3. COMPENSATION
3.1 ANAHEIM shall pay CONSULTANT , for services satisfactorily performed pursuant to this Agreement at the rates and time intervals set forth in Exhibit A.
3.2 The Parties agrees that the Contract A mount set forth below includes all out-of-pocket expenses of CONSULTANT.
3.3 It is understood by and agreed between the Parties to this Agreement that full and complete payment for all services pursuant to this Agreement shall not exceed One Hundred Ninety-Two Thousand Dollars ($192,000.00) (“Contract Amount”).
4. INCORPORATION OF FEDERAL REQUIREMENTS
CONSULTANT shall com ply will all applicable contractual provisions required by the United States Office of Management and Budget (OMB), as set forth in 2 CFR Part 200, whether or not expressly set forth in this document, including but not limited to those provisions set forth in Exhibit B attached hereto and incorporated herein by reference. Notwithstanding, anything to the contrary herein, including without limitation, the language contained in Exhibit B, the actual language contained in federal statutes, fed eral regulations, federally promulgated materials and state statutes, shall contro l in determining any obligations under federal law in the event of a conflict with any terms, language or provisions contained in this Agreement and Exhibit B hereto. CONSULTANT shall not perform any act, fail to perform any act, or refuse to 3 comply with any requests, which would cause ANAHEIM and/or AUTHORITY to be in violation of the federal terms and conditions.
5. STANDARD OF CARE
5.1 CONSULTANT shall perform all s ervices under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. CONSULTANT represents and maintains that it i s skilled in the profe ssional ca lling necessary to perform the services required by this Agr eement. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the professional standard of care.
5.2 CONSULTANT represents and warrants to ANA HEIM that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approval s of whatsoever nature that is legally required of CONSULTANT to practice its profession.
6. INDEPENDENT CONTRACTOR
6.1 Neither ANAHEIM nor any of its employees shall have any control over the manner, mode or means by which CONSULTANT perform s the ser vices required herein, except as otherwise set forth herein. Except as expressly provided herein, ANAHEIM shall have no voice in the selection, discharge, supervision or control of CONSULTANT or its representatives, contractors, or agents, or in fixing th eir number, compensation or hours of service. CONSULTANT shall perform all services required herein as an independent contractor of ANAHEIM and shall remain at all times, as to ANAHEIM, a wholly independent contractor with only such obligations as are cons istent with that role. CONSULTANT shall not at any time or in any manne r represent that it or any of its agents or employees are agents or employees of ANAHEIM. ANAHEIM shall not in any way or for any purpose become or be deemed to be a partner of CONSULTA NT in its business or otherwise or a joint venture or a member of any joint enterprise with CONSULTANT.
4 6.2 In consideration for the compensation paid to CONSULTANT by ANAHEIM, CONSULTANT agrees that ANAHEIM shall not be liable or responsible for any benefits, including, but not limited to, worker’s compensation, disability , reti rement, life, unemployment, health or any other benefits, and CONSULTANT agrees that it shall not sue or file a claim, petition or application therefor against ANAHEIM or any of i ts officers, employees, agents, representatives or sureties.
7. INSURANCE
7.1 Without limiting ANAHEIM's right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
.01 Workers' Compensation Insurance as required by California statutes and Employers Liability Insurance in an amount not less than One Million Dollars ($1,000,000.00) per occurrence.
.02 Comp rehensive General Liability Insurance, or Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractors' Liabil ity (if applicable), i n an amount of not less than Two Million Dollars ($2,000,000.00) per occurrence, $4,000,000 annual aggregate, written on an occurrence form.
Such insurance shall be written on a primary basis (i.e., without a self -insured retention), but may include a deductible of more than $10,000 per occurrence, prov ided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement. .03 Comprehensive Automobile Liability Coverage including -as applicable-owned, non -owned, and hired autos, in an amount not less than $2,000,000 per occurrence, combined single limit, as required by California law. .04 Professional Liability Insurance providing coverage on a claims made basis for errors, omissions or malpractice with limits of not less than Two Million Dollars ($2,000,000.00).
5 7.2 ANAHEIM's Risk Manager is hereby authorized to reduce the requirements set forth above in the event he or she determines that such reduction is in ANAHEIM's best interest.
7.3 Each insurance policy required by this Agreement shall contain the following clause (or a clause of similar effect):
"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."
7.4 Each insurance policy required by this Agreement, excepting policies for workers' compensation and professional liability, shall contain the following clauses (or clauses of similar effect):
"It is agreed that any insurance maintained by CONSULTANT pursuant to this Agreement shall be primary to, and not contributory with, any insurance or self-insurance maintained by the City of Anaheim."
"The City of Anaheim, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations or activities of, or on behalf of the named insured, performed under contract with the City of Anaheim."
7.5 Prior to commencing any work under this Agreement, CONSULTANT shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to ANAHEIM endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signator's company affiliation and title. Should it be deemed necessary by ANAHEIM, it shall be CONSULTANT's responsibility to see that ANAHEIM receives documentation acceptable to ANAHEIM which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. 6 Insurance required hereunder shall be placed with insurers reasonably acceptable to ANAHEIM.
Also, ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.
In addition to any other remedies ANAHEIM may have if
CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:
.01 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; .02 Instruct CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof;
.03 Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONSULTANT's failure to maintain insurance or secure appropriate endorsements.
7.6 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT's (or CONSULTANT's contractors/subcontractor's, if any) performance of the work covered under this Agreement.
8. INDEMNIFICATION
8.1 As respects acts, errors or omissions in the performance of p rofessional services, CONSULTANT 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 CONSULT ANT’s (or CONSULTANT’s contractors’ or subcontractors’, if any) neglige nt acts, errors or omissions in the performance of professional services under this Agreement.
8.2 As respects all acts, errors or omissions which do not arise directly out of 7 the perf ormance of professional services, including but not limited to those ac ts, er rors or omissions typically covered by ISO -based general and automobile liability insurance coverage, CONSULTANT agrees to indemnify, defend (at ANAHEIM's option), and hold harmle ss ANAHEIM, its officials, officers, employees, agents, and representat ives 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 co nnection with CONSULTANT’s (or CONSULTANT's contractors’ or subcontractors’, if any) acts, errors, omissions, or work, except for those Claims which arise out of the sole negligence or willful misconduct of ANAHEIM.
9. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
The Parties recognize that a substantial inducement to AN AHEIM for entering into this Agreement is the professional reputation, experience and competence of CONSULTANT. Neither the whole nor any interest in, nor any of the rights or privileg es granted under this Agreement shall be assigned, transferred or encum bered in any way without the prior written consent of ANAHEIM. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be v oid as to ANAHEIM. If ANAHEIM approves an assignment or transfer, this Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the permitted successors and assigns of CONSULTANT.
10. SUBCONTRACTING
CONSULTANT warrants and represents that it shall not use any subcontractor to perform work or services required under th is Agreement, unless approved in writing by ANAHEIM.
11. USE AND OWNERSHIP OF DOCUMENTS AND DATA
11.1 ANAHEIM s hall furnish to CONSULTANT such documents and materials as may be relev ant and pertinent to the provision of services hereunder as ANAHEIM may possess or acquire.
11.2 All documents and materials furnished by ANAHEIM to CONSULTANT, 8 pursuant to Section 11.1, shall remain the property of ANAHEIM and shall be returned to ANAHEIM u pon termination of this Agreement, for any reason. All documents or material prepared or caused to be prepared by CONSULTANT in the course of implementing this Agreement, shall b ecome the exclusive property of ANAHEIM, and ANAHEIM shall have the sole right to use such materials in its discretion without further compensation to CONSULTANT or any other party. CONSULTANT shall, at CONSULTANT’s sole cost and expense, provide such documents and material to ANAHEIM upon prior written request.
12. CONFIDENTIALITY
All documents, including drafts, preliminary drawings or plans, notes, ideas and communications that result from the s ervices provided under this Agreement, shall be kept confidential by CONSULTANT unless ANAHEIM authorizes, in writing, the rele ase of said information.
13. INTELLECTUAL PROPERTY INDEMNITY
CONSULTANT shall defend and indemnify ANAHEIM, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States’ let ters p atent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to ANAHEIM pursuant to this Agreement.
14. RECORDS
CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditure s and disbursements charged to ANAHEIM, for a minimum period of three ( 3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement. All such records and invoices shall be clearly identifiable. CON SULTANT shall allow a representative of ANAHEIM to examine, audit and m ake transcripts or copies of such records and any other documents created, pursuant to this Agreement, during regular business 9 hours. CONSULTANT shall allow inspection of all work, dat a, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to CONSULTANT under this Agreement. 15. WITHHOLDINGS
ANAHEIM may withhold payment to CONSULTANT of any disputed sums until satisfaction of the dispute with respect to such payment. Such withhol ding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. CONSULTANT shall not discontinue work as a result of such withholding. CONSULTANT shall have an immediate right to appeal to the City Manager or his/her des ignee with respect to such disputed sums and his/her decision shall be final. CONSULTANT shall be entitled to receive interest on any withheld sums at the rate of return that ANAHEIM e arned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.
16. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of CONSULTANT which result in expense to ANAHEIM greater than what wou ld have resulted if there were not errors or omissions in the work accomplished by CONSULTANT, the additional cost and expense shall be borne by CONSULTANT. Nothing in this paragraph is intended to limit ANAHEIM’s rights under the law or any other sections of this Agreement.
17. ANAHEIM'S RIGHT TO EMPLOY OTHER CONSULTANTS
CONSULTANT acknowledges and agrees that this Agreement and the provision of services hereunder are nonexclusive and that ANAHEIM may enter into similar agreements with other entities for the provision of similar services.
18. CONFLICTS OF INTEREST
18.1 CONSULTANT represents that neither it nor any of its officers, partners or employees has a financial interest, a s defined in Section 8 7103 of the Government Code, in the subject matter of this Agreement other than the right to receive payment from ANAHEIM for services rendered.
10 18.2 CONSULTANT agrees that it shall not make, participate in making, nor in any way a ttempt to use its position as consultant to influence any decision of AN AHEIM in which CONSULTANT knows, or has reason to know, that any of its officers, partners or employees has a financial interest as defined in Section 87103 of the Government Code.
18.3 CONSULTANT warrants that neither CONSULTANT nor any of its officers, partners or employees, has any financial interest in any real property, building or structure within 2,500 feet of the location of any project or assignment to which this Agreement may apply in the City of Anaheim. CONSULTANT agrees to disclose to ANAHEI M any financial interest in such property as may be acquired by its officers, partners or employees during the term of this Agreement.
19. NOTICES
All notices, demands or other wri tings to be made, given or sent hereunder, or which may be so given or m ade or sent by either ANAHEIM or CONSULTANT to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being dep osited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:
If to ANAHEIM: ANAHEIM City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
With copies to: Training Lieutenant
City of Anaheim
Police Department
425 S. Harbor Blvd.
Anaheim, CA 92805
FAX No. (714) 765-1690
To CONSULTANT: Savage Training Group
Attn: Scott Savage
3141 Stevens Creek Blvd. #232
San Jose, CA 95117
11 20. ENFORCEMENT OF AGREEMENT
20.1 Events of Default.
.01 For purposes of this Section 20, the word “De fault” shall mean the failure of CONSULTANT to perform any of CONSULTANT’s duties or obligations or the breach by CONSULTANT of any of the terms and conditions set forth in this Agreement. In addition, CONSULTANT shall be deemed to be in Default upon CONS ULTANT’s (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets; (ii) m aking a general assignment for the benefit of creditors; (iii) being adjudged bankrupt; (i v) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing); or (v) su ffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial p ortion of CONSULTANT’s assets or of CONSULTANT’s interests hereunder. .02 ANAHEIM shall not be deemed to be in Default in the performance of any obligation required to be performed by ANAHEIM hereunder unless and until ANAHEIM has failed to perform su ch obli gation for a period of thirty (30) days after receipt of written notice from CONSULTANT sp ecifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of ANAHEIM’s obligation is such that more than t hirty (30) days are required for its performance, then ANAHEIM shall not be deemed to be in Default if ANAHEIM shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.
20.2 Immediate Termination for CONSULTANT’s Default. In the event of any Default by CONSULTANT, ANAHEIM may immediately terminate this Agreement. Such termination shall be effective immediately upon receipt by CONSULTANT of written notice from ANAHEIM. In such event, CONSULTANT shall have no further rights hereunder, and ANAHEIM shall have all other rights and remedies as provided by law.
20.3 Termination Without Cause. Either of the Parties may terminate this 12 Agreement at any time without the necessity of ca use or Default by giving thirty (30) days written notice to the other Party.
21. COMPLIANCE WITH ALL LAWS
CONSULTANT shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities , inclu ding federal, state, county or municipal, whether now in force or hereinafter enacted, and including, but not limited to, the laws and regulations that prohibit the use of public funds for campaign activities or personal use. In addition, all work prepared by CONSULTANT shall conform to applicable local, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the City Manager.
22. WAIVER
A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach o f the same or any other term, covenant or condition contained herein, whether of the same or a different character.
23. INTEGRATED CONTRACT
This Agreement and Exhibit A hereto contain the entire agreement of ANAHEIM and CONSULTANT with respect to the m atters covered hereby, and no agreement, statement or promise made by either ANAHEIM or CONSULTANT which is not contained herein, shall be valid or binding. N o prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose.
24. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and Exhibit A, or any other documents attached hereto, the terms of this Agreement shall govern.
25. INTERPRETATION
Each Party acknowledges that he/she/it has had the benefit of advice of competent legal counsel with respect to its decision to enter this Agreement. The pro visions of this 13 Agreement shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both Parties.
26. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both CONSULTANT and AN AHEIM a nd approved as to form by the City Attorney.
27. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shal l not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
28. REMEDIES CUMULATIVE
The remedies given to ANAHEIM and CONSULTANT herein shall be cumulative and are given without impairing any other rights given ANAHEIM or CONSULTANT by statute or law now existing or herea fter enacted and the exercise on any one (1) remedy by ANAHEIM or CONSULTANT shall not exclude th e exercise of any other remedy.
29. NO THIRD PARTY BENEFICIARIES
The Parties intend that neither rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.
30. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relatin g to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.
14 31. DISCRIMINATION
CONSULTANT agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national origin or other prohibited basis in its provision of s ervices under this Agreement . To the extent this Agreement provides that CONSULTANT offer accommodations or services to the public, such accommodations or services shall be offered by CONSULTANT to the public on fair and reasonable terms.
32. AUTHORITY
Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants th at it or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. CONSULTANT shall, at ANAHEIM’s request, deliver a certified copy of its governing board’s resolution or certificate authorizing or evidencing such execution.
33. EFFECTIVE DATE
This Agreement shall be effe ctive on the date it is signed by ANAHEIM (“Effective Date”).
[SIGNATURES ON FOLLOWING PAGE]
15 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:
“ANAHEIM”
ATTEST:
By: _
City Clerk of Anaheim
DATE OF EXECUTION:
By:
Title:
Printed Name:
“CONSULTANT”
APPROVED AS TO FORM:
By:
Kristin Pelletier
Chief Assistant City Attorney
Dated:
Attachment: Exhibit A (Scope of Work)
Attachment: Exhibit B (Federal Regulations)
EXHIBIT A
SCOPE OF WORK
4/17/23
V4
Training Proposal for the
Anaheim Police
Department
This proposal is valid for 60 days so make sure to sign and return it before then to take advantage of this arrangement.
V4 – 4/17/23
4/17/23
Dear Sgt. Anthony McGlade,
We are thrilled to partner with your agency to present our Practical De -escalation and Tactical Conduct training to your staff. I know that you want your officers, supervisors, and managers to be on the same page when it comes to operationalizing the new use of force laws and to minimize the need for violent confrontations with suspects. We’ve designed a training course that will help you execute that. We have gained a reputation for providing some of the best law enforcement training available, and we’re looking forward to delivering this unique training program to your staff.
The process is simple, just read through this proposal, have an authorized representative sign it, and send it back to me. From there, we’ll lock in your training dates and take care of all the details.
To your success,
Scott Savage
Founder and CEO, Savage Training Group
3141 Stevens Creek Blvd. #232
San Jose, CA 95117
800-736-1498
[email protected]
This proposal is valid for 60 days so make sure to sign and return it before then to take advantage of this arrangement.
V4 – 4/17/23
1. The Plan
The terms of this proposal supersede any previous proposals including Version 3 of this proposal dated 2/27/23 which expired on 3/29/23. Please note the terms of this proposal are valid for 60 days.
The Savage Training Group will present a customized version of our Practical De-Escalation and Tactical Conduct © training course created specifically for the Anaheim Police Department.
Instead of vague outdated training or a dry “death by PowerPoint” class, this will be an engaging presentation packed with information you won’t find anywhere else. Plus, this course will be customized to specifically fits the needs of APD. We will work with your staff to tweak the curriculum based on the current needs of your agency. We will also tailor individual presentations to benefit a particular student group (e.g., newer vs. seasoned officers).
Each presentation will include:
• An explanation of new use of force laws including the changes to PC 835a • The realities of de-escalation: suspect, officer, and environmental factors • Pre-contact assessments designed to minimize violent confrontations. • Critical incident decision making
• Disengagement and re-engagement
• Mental health emergencies
• Negotiating with those with contaminated thought and high emotional states • Additional topics as deemed necessary by the APD training unit.
The course will be 16 hours in duration and will be CA POST certified.
We know you want 480 of your students to receive the training before the end of the grant period which is August 31st, 2024. We want to help you achieve that goal. Our ability to do so will of course depend on several factors which include but are not limited to this project’s start date, your staff’s availability to attend the training, the availability of your training facilities, our unavailability during dates which we are scheduled to present training elsewhere, etc. For that reason, we strongly suggest accepting this proposal and scheduling course dates as soon as possible.
We’ll present up to twelve 2-day courses which will be scheduled on mutually agreeable dates. Based on both our availability and yours, we would like to present two of the 2-day courses consecutively. For example, Presentation 1 will be held on Monday and Tuesday and Presentation 2 will be held on Wednesday and Thursday. We intend to present up to twelve presentations starting in Quarter 3 of 2023 and concluding by the end of the grant period (August 31st, 2024).
Anaheim PD will be placed in the front of the line in terms of scheduling so your agency will have first dibs when it comes to selecting open dates.
This proposal is valid for 60 days so make sure to sign and return it before then to take advantage of this arrangement.
V4 – 4/17/23
Each presentation can accommodate up to 40 students so at the competition of twelve presentations, up to 480 officers will have attended the training. Please note that the maximum student count of 40 is a limit placed by California POST so only 40 students per course presentation can receive POST credit.
2. Investment
Millions of dollars. That’s the amount the City of Anaheim will pay out if a plaintiff wins a judgment against your agency. The actions of police officers are under scrutiny like never before. Our training is specifically designed to help your agency avoid costly lawsuits or embarrassing public relations nightmares because we train officers to think tactically and methodically. Instead of rushing in and making rash decisions, we help officers apply law, strategy, and tactics to everyday incidents. A modest investment now can literally save you millions in the future.
PACKAGE 1
Two presentations of the 8-hour Response Tactics
for Critical Incidents & In-Progress Crimes course to
Your investment for each customized 16-hour presentation of Practical De-Escalation and Tactical Conduct will be $16,000 per presentation to include all course materials and instructor fees.
The total cost for twelve presentations will be $192,000.
Terms: 50% ($8000) due 30 days prior to each presentation and remaining 50% ($8000) due upon delivery of the training. This custom pricing is valid for 30 days.
This proposal is valid for 60 days so make sure to sign and return it before then to take advantage of this arrangement.
V4 – 4/17/23
3. Let’s Make It Official
We’re excited to share give this opportunity to the Anaheim Police Department. Here is what you need to do to get started.
1. Please have an authorized representative sign this proposal and return it to me.
2. Next, I will send you the first invoice and schedule a time to discuss dates and curriculum.
3. We’ll lock in the course dates and help you get your staff the training they deserve.
__________________________________ _______________
Signature Date
__________________________________
Name
__________________________________
Position / Rank
Exhibit B – Federal Regulations
a. Federal Regulations – Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations.
b. Debarment and Suspension – As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government.
c. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Anaheim. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours.
d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies.
e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors.
f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act".
h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provi ded under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement.
i. Non-Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights A ct of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination A ct of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In t he event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60 -1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375.
j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable.
k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable.
l. No Kickbacks - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland “Anti-Kickback” Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable.
m. Davis-Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis-Bacon Act (40 U.S.C. 3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable.
o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable.
p. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable.
q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable.
r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable.
s. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty-free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose:
(1) the copyright in any work developed through this Agreement; and
(2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government’s, SAA’s and City’s rights identified above must be conveyed to the publisher and the language of the publisher’s release form must ensure the preservation of these rights.
t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
As described in Public Law 115-232, section 889, covered telecommunications equipment is:
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).
(3) Telecommunications or video surveillance services provided by such entities or using such equipment.
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
u. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award.
For purposes of this provision: “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and “manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
v. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.
Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The contractor agrees to p ost in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.
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