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HomeMy WebLinkAboutAnti-Defamation League & TOS Anti-Bias Task Force - Peer Training Program RESOLUTION 2019-351 ADOPTED DOC ID: 15128 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-351 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9,2019: RESOLVED that the Town Board of the Town of Southold hereby ratifies and authorizes Supervisor Scott A. Russell to execute an Agreement between the Anti-Defamation League of B'nai B'rth ("ADL") and the Southold Anti-Bias Task Force in connection with the 2019 Peer Training Program in the amount of$3,000, all in accordance with the approval of the Town Attorney. O Elizabeth A.Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell PEER TRAINING PROGRAM CONTRACT AGREEMENT("Agreement")made this 8th day of March,2019 between the Anti-Defamation League of B'nai B'rith("ADL"),a not-for-profit corporation having its principal place of business at 605 Third Avenue,New York,NY 10158,with an office at New York,605 Third Avenue, 10th Floor,New York,NY 10158,and Southold Anti-Bias Task Force("CLIENT"),located at 53095 Route 25,PO Box 1179,Southold,NY 11971. Sonia Spar will be the contact person on behalf of the CLIENT and can be reached at(631)875-6021. WHEREAS,CLIENT desires that ADL shall conduct the A WORLD OF DIFFERENCE©Institute Peer Training Program; WHEREAS,ADL desires to provide the required services to CLIENT;and WHEREAS,the parties desire to establish the terms and conditions by which ADL will provide said NOW THEREFORE,in consideration of the mutual promises and obligations contained herein,the parties agree as follows: (1) ADL agrees to implement the A WORLD OF DIFFERENCE®Peer Training Program. The specific trainings and materials to be provided are described in Exhibit A. There must be a minimum of twelve(12)and a maximum of thirty(30)participants in each of the three (3)training sessions. CLIENT agrees to notify ADL at least five(5)days in advance if CLIENT expects participation to fall below the minimum. In such event,ADL shall have the right to cancel or Postpone the session until another date can be mutually agreed upon.In the event of such cancellation or postponement,the provisions of paragraph 10(c)shall prevail. (2) The cost for the complete Peer Training Program as outlined in Exhibit B will be$6,000.00 plus applicable travel expenses for 0 facilitator for six(6)hours of training.The CLIENT will be responsible for paying$3,000 towards the cost for the complete Peer Training Program.ADI.will underwrite the remaining costs. ADL will be paid for its services specified in Exhibit A,and for its expenses,in accordance with the payment schedule,set forth in Exhibit B. (3) ADL shall provide additional A WORLD OF DIFFERENCE®Institute facilitators at the rate of$50.00 per hour per group when need is determined by the CLIENT. (4) The specific training dates for the training sessions will be scheduled by mutual agreement between the Anti-Defamation League and Southold Anti-Bias Task Force and will take place on:Thursday, March 28,2019;Friday,April 5,2019 and Friday,April 12,2019. (5) ADL shall provide each participating student with a copy of the Manual for Peer Trainers and the Coordinator(s)with the Manual for Peer Training Coordinators. (6) By participating in the A WORLD OF DIFFERENCE®Peer Training Program, CLIENT is authorized to deliver A WORLD OF DIFFERENCE©Peer Training in Southold Anti-Bias Task Force for a period of two year commencing March 28,2019 and ending March 27,2021,unless terminated in accordance with Provision 10 of this Agreement. (7) If CLIENT desires/intends to continue the Peer Training Program beyond the end date of this Agreement,Client must negotiate a new Agreement extending the licensing fee for an additional year, including an annual licensing fee,and fees for any training requested. (8) CLIENT will provide the necessary materials,including audiovisual equipment,as outlined in Exhibit C. (9) CLIENT agrees to provide adequate crowd control and adequate security. CLIENT agrees to obey all fire precautions as required by law or local ordinances. (10) (a) Either party shall have the right to terminate this Agreement upon thirty(30)days prior written notice to the other party. (b) ADL shal l have the right to terminate this Agreement immediately,without notice,for any of the following reasons: (i) A breach by CLIENT of any material term or condition of this Agreement,including,but not limited to,the inability of CLIENT to provide in a timely fashion,any of its obligations outlined in this Agreement; (ii) If CLIENT submits an application or petition for the appointment of a receiver,trustee, or liquidator of all or a substantial amount of its assets; (iii) CLIENT admits to or implies that it is unable to pay its debts as they become due; (iv) There is entered an order,judgment,or decree by any court of competent jurisdiction on the application of a creditor adjudicating a petition seeking reorganization of CLIENT's firm for all or a substantial part of its assets;or (v) CLIENT has assigned this Agreement without first receiving ADL's prior written consent. (c) If one or more sessions are canceled within thirty(30)days of the contracted training date, through no fault of ADL,CLIENT agrees to reimburse ADL for 50%of the contracted fee plus all expenses incurred to that date, including travel in connection with the canceled sessions. (11) CLIENT hereby agrees to hold harmless,defend and indemnify ADL and its affiliates,their directors, officers,employees,agents and representatives from and against all damages,expenses,causes of action,suits,claims,penalties,judgments and/or liabilities by reason of any act or commission or omission directly or indirectly attributable to any of CLIENT's undertakings and obligations arising under this Agreement. ADL hereby agrees to hold harmless,defend and indemnify CLIENT and its affiliates,their directors, officers,employees,agents and representatives from and against all damages,expenses,causes of action,suits,claims,penalties,judgments and/or liabilities to the extent caused by ADL's undertakings and obligations arising under this Agreement. (12) CLIENT acknowledges and agrees that all material,including but not limited to Manuals for Peer Trainers and Peer Training Coordinators,and trademarks used in conjunction with the Training Program are proprietary to ADL. The materials may not be reproduced,translated,abbreviated, abridged,excerpted or in any way altered without the written consent of the ADL. CLIENT acknowledges that ADL owns the trademark A WORLD OF DIFFERENCE©. Therefore, CLIENT shall undertake the use of the mark A WORLD OF DIFFERENCE©only in the format and manner approved by ADL,and only in connection with the rights granted to CLIENT in accordance with this Agreement. Each use of the marls A WORLD OF DIFFERENCE shall be accompanied by the designation V""as directed by ADL. The provisions in this Paragraph(12)shall survive the termination of this Agreement. (13) ADL's A WORLD OF DIFFERENCE®Institute maintains a quality control standard for all Peer Training Programs,As such,CLIENT must follow ADL's standard agendas as outlined in the program manuals; any variations from these standard agendas must be approved in advance by ADL. (14) CLIENT agrees that ADL's A WORLD OF DIFFERENCE©program is to be delivered by students selected by CLIENT,designated as Peer Trainers,who shall serve as delivery agents of A WORLD OF DIFFERENCE@ Training in the SCHOOL DISCTRICT. (15) CLIENT agrees that Peer Training bearing the name ADL A WORLD OF DIFFERENCE@ will be managed on a day-to-day basis by a professional staff member or members or designated as the Peer Training Coordinator(s)to ADL. The Peer Training Coordinator(s)shall be the person responsible for maintaining contact with ADL. This includes,but is not limited to,timely responses(within 24 hours)to ADL oral and written communication[correspondence],notification to ADL of unusual occurrences,and assistance with the solicitation of funds for program continuation. The Peer Training Coordinator(s)will attend a one-day(6-8 hours)ADL training program. The Peer Training Coordinator(s)will conduct a minimum of one meeting per week with Peer Trainers. CLIENT must provide an appropriate professional staff member to serve as Peer Training Coordinator(s)as outlined above. (16) CLIENT must require that Peer Training Coordinator(s)sign the ADL Peer Training Coordinator Guidelines,a copy of which is attached hereto as Exhibit D,in order to be permitted to use ADL's A WORLD OF DIFFERENCE@ materials. The ADL Peer Training Coordinator Guidelines prohibit the Peer Training Coordinator(s)from using ADL's A WORLD OF DIFFERENCE©materials and/or name in any manner whatsoever,except as provided for herein,without the prior written permission of ADL. The Peer Training Coordinator(s)will not be allowed to participate in or to deliver ADL's A WORLD OF DIFFERENCE@ training unless ADL receives from the CLIENT the signed Peer Training Coordinator Guidelines for each Peer Training Coordinator,no later than five(5)business days before the Peer Training Coordinator is scheduled to deliver A WORLD OF DIFFERENCE©training. In the event that ADL fails to receive the signed Peer Training Coordinator Guidelines in a timely manner, ADL shall have the right to cancel all future sessions and shall be reimbursed in accordance with Provision 10(c)of this Agreement. ADL may,at its option,agree to reschedule sessions upon receipt of the signed Peer Training Coordinator Guidelines. (17) All participants of the Training Program are requested to complete a written evaluation report at the end of the program. (18) Nothing in this Agreement shall be construed to place ADL and CLIENT in the relationship of a partnership or a joint venture,and neither ADL nor CLIENT shall have any power to oblige or bind the other party in any manner whatsoever. (19) On termination of this Agreement,regardless of how termination is effected,or whenever requested by ADL,CLIENT shall immediately return to ADL all copies of ADL's property,and cease using the ADL and/or A WORLD OF DIFFERENCE®names. (20) Any publicity or promotional materials,including but not limited to press releases and advertisements, produced by CLIENT for or in conjunction with the training program,must be reviewed and approved in writing by ADL prior to publication.ADL must be provided with advance notice and consent to any media requests to cover specific trainings and/or programs. For ADL authorized media requests, media will only be allowed to cover those programs at which an ADL staff member is present. In the event that media representatives are scheduled to attend an A WORLD OF DIFFERENCE©Peer Training Program,client must coordinate the completion of the ADL Media Consent form(copy attached)and send the completed forms to the ADL Regional Office.Client will be responsible for obtaining all necessary permissions and releases from participants. t2 S? M6 Aww-viem ct.nnitm thw eattim WdeMatttiiata hetes 4ite pMjm IMLs aiaU Prftrr vedud of wth arm-mnt Itetften tits,Iatlt Ytin�tc�tdat�c€t �ta�eSi��;►tE��i��tkti�� .°tet --hall he wttiri,w1hs irtada In whilisuati dpW by betit punim In tha event 414'aw Itis jirAia,•y beta tim r"VISIt►it4 t3f tilt$A"Mrntmt mai dm ptWIRI(m,tat taty A-atii"su-,air other a 9 r Mtit 4i hot w t thr pitnimi rt h[di►g to ika.&ml m-a fi�ovt&ti iir h 1h L& APMwOM.ritt±mit Mms of'If&Apwm-it strait M.Va. 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SM3 OLD AN'I'"US T'A SK T OW%' AM OFIRA A ON GM � • 1. n�liWr4 Y nn � Town of S thold By: t Scott A ussell , Supervisor EXHIBIT A: Tasks and Responsibilities IA WORLD OF DIFFERENCE®Institute PEER TRAINING PROGRAM: Number of days: Three(3) Hours: Eighteen(18)Total Hours Training(typically 6 Hours Per Day For 3 Number of groups: One(1)group of no more than 30 participants per group Number of facilitators: Two per session Location of training Directions to and from the training site will be sent to A WORLD OF DIFFERENCE Institute. DETAIL AGENDA: Day One: I. Introduction-ADL/A WORLD OF DIFFERENCE® II. Ground Rules for Discussion: III. Introductory Activity: IV. Personal Identity Activity V. Language: VI. Selected Video and Discussion VII. Skill-Building Activity: VIIl. Closing and Evaluation II What you can expect from A WORLD OF DIFFERENCE®Institute Staff: 1. An ADL staff person is available by phone Monday-Friday between the hours of 9:00 AM and 5:00 PM. In the event of need,contact Amanda Holder,Assocatiate Education Director at 212- 885-7964. 2. The A WORLD OF DIFFERENCE®Institute Project Director or an Anti-Defamation League assigned consultant is available to make on-site consulting visits to assist with training, administration,or implementation concerns. Please call the number above to set up an appointment. 3. The A WORLD OF DIFFERENCE®Institute is committed to eliminating bigotry. If you would like your school or community to receive training beyond the parameters of this Agreement, you can expect the A WORLD OF DIFFERENCE®Institute staff to assist you in assessing any relevant A WORLD OF DIFFERENCE services and/or resources for additional fees to be determined by ADL. 4. The Peer Training Program consists of- 6 hours of training for student peer trainers with Peer Training Coordinators 6 hours of training for Peer Training Coordinators Up to 10 hours of consultation services 5. A WORLD OF DIFFERENCE®Institute materials and manuals will be provided by ADL for the Peer Trainers and Peer Training Coordinators. 6. - Requests for reports,letters,meetings,and training will be made to the Peer Training Coordinator(s)by the A WORLD OF DIFFERENCE®Institute staff to further the quality and expansion of the Peer Training program. 7. The Peer Training Coordinator and Peer Trainers may be invited to special activities and trainings coordinated by the A WORLD OF DIFFERENCE®Institute office. EXHIBIT B: Payment Schedule TRAINING FEE: The training fee for the program described herein is$6,000.00. The CLIENT will be responsible for paying$3,000 towards the cost for the complete Peer Training Program. ADL will underwrite the remaining costs. The training fee covers six(6)hours of training for up to thirty(30)student Peer Trainers,six(6)hours of training for Peer Training Coordinator(s),and up to 10 hours of consulting services. TRAVEL Travel expenses include the following: Basic transportation: Facilitator#1 (N/A) Facilitator#2(N/A) RT airfare Bus Train Car Rental Mileage @ 58 ¢ Ground transportation: To and from airports To and from training site Hotel Accommodations: At prevailing rates at time of training in hotel near training site. Meals and Miscellaneous: ($50 per day/per facilitator) Other: Costs for travel expenses,if any,will be passed on to CLIENT for reimbursement at the time of invoice. All cost information provided above is estimated. Receipts for actual expenses will accompany invoice. PAYMENT METHOD: For services performed(i.e.payments made after services are commenced to proportion with those received). This contract is being made with the Anti-Defamation League. Total payment must be received within forty five (45)business days upon receipt of invoice,in the form of a check made payable to ANTI-DEFAMATION LEAGUE (ADL-Federal Tax I.D.#13-1818723)and mailed to the Anti-Defamation League,A WORLD OF DIFFERENCE® Institute,605 Third Avenue, 10th Floor,New York,NY 10158. EXHIBIT C: MATERIALS Materials and supplies provided by the CLIENT: • 1 Room with moveable seating. Seating should be set up in a U-shape upon arrival • Audio-visual equipment for viewing PowerPoints and videos (the larger the screen the better) • 1 chart paper pad,easel,and markers • Writing instruments and a sheet of blank paper for each person ttlJaclttl�ttuf�[if Ttt�Jc J`ur�,J�taTa tttrCJTarix�l'�'t�tJ36'd i�>r t.ltti�a:� l7R;f`�rT1TTtliau t.�€gtt�'x�,�t�lt,L}:���� 11fl:fil- »: it#tastl L't�a�r LrtafaTiraTni. 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CETT taa wfution of the Agrmucult tgOWW DrIlOw lcMlt doff is-cM130d,or wont€vor mqusled by Am., lWT-'I'rahk(rl9 Cu►,PrtJICHft#t Ault LurTrWFl 107 MIMI la.�i Md5t W Att I-Bla TJmk Fmw a01 arA `5 opvdy� 11191111HOlt[list Out[[1 illed it),viftm,It'i'dtt ns muxtilt rImaduum mul stun tL.'llldiuS� pft1'',rrw#f1, i`ourdtMIT'r to IM&WIng fives hemakr or nowm1w t -4t ht PftTT lahq;I;cr�il t � pian ,.w w v---r herAtts comil,l er 110111109 CaOtzalbli0rirllnll aui Main cupks a f my Ai;€t.an ti "t'1Te I'klnf 1kralnw1cm tamm YWOOyour°pw idpat kininimA MitIn> 'Ill Titl I1CKwwrrrtT MW hopmy0u Wit final the tral#llag mita!PRIWknov rowaarr . �icWt-rdivula ca tvlit i ignut try �.��.. (A dm). �tl�rint Name) 4 G' RECEIVED 4 APR 2 3 2019 Southold Town Clerk Office of the Town Attorney Town of Southold Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone : 631-765-1939 Facsimile: 631-765-6639 MEMORANDUM To: Ms. Elizabeth A. Neville, Town Clerk From: Mary Silleck Secretary to the Town Attorney Date: April 22, 2019 Subject: Agreement Between Anti Defamation League and Southold Anti- Bias Task Force With respect to the above-referenced matter, I am enclosing the original Agreement together with the Resolution. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you. /ms Enclosures cc: Accounting