HomeMy WebLinkAboutContract 52128 CITY SECRETARY
CONTRACT NO. cJ a 10,8
PROFESSIONAL SERVICES AGREEMENT
This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into
by and between the CITY OF FORT WORTH(the"City"),a home rule municipal corporation, acting
by and through Valerie Washington, its duly authorized Assistant City Manager, and AEGEAN, LLC,
an Indiana Limited Liability Company, d/b/a the PUBLIC AGENCY TRAINING COUNCIL
("Contractor"). For purposes of this Agreement, the term Contractor shall include Contractor, his
authorized representatives, officers, employees, and instructors who provide services on Contractor's
behalf.The term City shall include its authorized representatives, officers,employees,and directors.
AGREEMENT DOCUMENTS
The Agreement documents shall include the following:
1. This Professional Services Agreement;
2. Exhibit A—Scope of Services;
3. Exhibit B—Price Schedule
4. Exhibit C—Facilities Use Requirements;
5. Exhibit D—Verification of Signature Authority Form.
Exhibits A, B, C and D, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes.In the event of any conflict between the terms and conditions of Exhibits A,B,
C or D and the terms and conditions set forth in the body of this Agreement, the terms and conditions of
this Agreement shall control.
1.0 SCOPE OF SERVICES
Contractor agrees to conduct Arson Case Management,Fire Pattern Certification,Fire Scene Search
and Evidence Recovery, Fire Fatality Investigation, Hands-On Vehicle Fire Investigation and Hands-On
Electrical Fire Investigation trainings for Fort Worth Fire Department personnel on various days beginning
February 26,2019 and ending June 27,2019 ("Services").Contractor shall provide training from 8:30 am to
4:30 pm,Central Standard Time. Services shall be performed at the Bob Bolen Public Safety Complex located
at 505 W.Felix Street,Fort Worth,Texas 76115("Premises").
2.0 TERM
This Agreement shall become effective upon execution by both parties and shall expire on June 27,
2019 at 11:59pm,unless terminated earlier in accordance with the terms of this Agreement.
3.0 COMPENSATION
City shall pay Contractor in accordance with this Agreement and with the provisions of Exhibit`B,"
—Price Schedule. The maximum amount to be paid to Contractor by City for all services provided pursuant to
or in relation to this Agreement shall not exceed Twenty-Two Thousand Six Hundred Eighty and 00/100
Dollars($22,680.00). Contractor shall not perform any additional services or bill for expenses incurred for
City not specified by this Agreement unless City requests and approves in writing the additional costs for such
services. City shall not be liable for any additional expenses of Contractor not specified by this Agreement
unless City first approves such expenses in writing.
2p19
pQR �� oR�� OFFICIAL RECORD
CF essional Services Agreement Between CITY ATOARY
G� iv(SECR� ity of Fort Worth and the Public Agency Training Council FT. WORTH,TX
Payment for Services shall be due within thirty(30)days of uncontested performance of the particular
services so ordered and receipt by the City of Contractor's invoice for payment.
4.0 TERNHNATION
City or Contractor may terminate this Agreement at any time and for any reason by providing the other
party with 10 days'written notice of termination.
5.0 ADDITIONAL DUTIES AND OBLIGATIONS OF THE PARTIES
The City shall be responsible for providing the classroom facilities and audio/visual equipment needed
by Contractor.The City shall not be required to purchase any new audio/visual equipment. Contractor agrees
to provide the City a list of necessary audio/visual equipment needed at least two(2)weeks prior to the start of
Services. The City agrees to notify contractor of any equipment that is not available within two days of
receiving the Contractor's list of necessary equipment. Contractor also agrees to provide the City with
information regarding the classroom size necessary to conduct the training at least two(2)weeks prior to the
start of Services.
Contractor will provide at least one(1)qualified instructor("Instructor")for the training program who
will facilitate the Services.
Contractor agrees to provide each registered course participant with course materials and supplies
pertinent to the subject areas to be covered.
Contractor must provide the City the following:
Pre-Course:
Instructor Biography(ies)
Course Syllabus/Schedule
Post-Course:
Contractor must provide certificates of completion within seventy-two (72)hours of the
City's submittal of the final roster.Certificate of completion to include:
• Participant name
• Course name
• Course date
• Total training hours
6.0 DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION
6.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full
disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under
this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement,
Contractor hereby agrees immediately to make full disclosure to City in writing_
6.2 Confidential Information. Contractor, for itself and its officers, agents and employees,
agrees that it shall treat all information provided to it by City("City Information")as confidential and shall
not disclose any such information to a third party without the prior written approval of City.
Professional Services Agreement Between Page 2 of 20
City of Fort Worth and the Public Agency Training Council
6.3 Unauthorized Access. Contractor shall store and maintain City Information in a secure
manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Contractor shall notify City immediately if the security or integrity of any City
Information has been compromised or is believed to have been compromised, in which event, Contractor
shall, in good faith, use all commercially reasonable efforts to cooperate with City in identifying what
information has been accessed by unauthorized means and shall fully cooperate with City to protect such
City Information from further unauthorized disclosure.
7.0 ACCESS
The access granted to Contractor pursuant to this Agreement shall be limited to the property defined
as Premises in Section 1 of this Agreement. Contractor shall be escorted by a City employee at all times
while on Premises. The City employee escorting Contractor must be authorized to access Criminal Justice
Information Services ("CJIS") protected data. The parties acknowledge and understand that the Premises
contain one or more areas where CJIS protected data is viewed,modified,and used.Furthermore,the parties
acknowledge that Federal and State law set forth the access requirements for CJIS protected data. The
parties agree to comply with all Federal and State law requirements regarding access to CJIS protected data.
Contractor shall sign in and out at the front desk of Premises upon entry. Contractor shall carry a
valid photo ID while on Premises.
8.0 RIGHT TO AUDIT
Contractor agrees that City shall, until the expiration of three(3)years after final payment under
this contract, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Contractor involving transactions relating to this
Agreement at no additional cost to City. Contractor agrees that City shall have access during normal
working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section.City shall give Contractor
reasonable advance notice of intended audits.
9.0 INDEPENDENT CONTRACTOR
It is expressly understood and agreed that Contractor shall operate as an independent Contractor as
to all rights and privileges and work performed under this Agreement, and not as agent, representative or
employee of City. Subject to and in accordance with the conditions and provisions of this Agreement,
Contractor shall have the exclusive right to control the details of its operations and activities and be solely
responsible for the acts and omissions of its officers, agents, servants, employees, consultants and
subContractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as
between City, its officers, agents,servants and employees,and Contractor, its officers, agents,employees,
servants, Contractors and subContractors. Contractor further agrees that nothing herein shall be construed
as the creation of a partnership or joint enterprise between City and Contractor.It is further understood that
City shall in no way be considered a Co-employer or a Joint employer of Contractor or any officers,agents,
servants,employees or subContractor of Contractor. Neither Contractor,nor any officers,agents,servants,
employees or subContractor of Contractor shall be entitled to any employment benefits from City.
Professional Services Agreement Between Page 3 of 20
City of Fort Worth and the Public Agency Training Council
Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself,
and any of its officers,agents, servants,employees or subContractor.
10.0 LIABILITY AND INDEMNIFICATION
10.1 LIABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS,PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCL UDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S),
MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
10.2 GENERAL INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S
BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY,INCLUDING
DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS
AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR
MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
10.3 INTELLECTUAL PROPERTY INDEMNIFICA TION—Contractor agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright,trade mark,trade secret, or similar property right arising from City's use of the
software and/or documentation in accordance with this Agreement, it being understood that this
agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or
documentation. So long as Contractor bears the cost and expense of payment for claims or actions
against City pursuant to this section, Contractor shall have the right to conduct the defense of any
such claim or action and all negotiations for its settlement or compromise and to settle or compromise
any such claim; however,City shall have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with
Contractor in doing so.In the event City,for whatever reason,assumes the responsibility for payment
of costs and expenses for any claim or action brought against City for infringement arising under this
Agreement,City shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim; however,
Contractor shall fully participate and cooperate with City in defense of such claim or action.
City agrees to give Contractor timely written notice of any such claim or action,with copies of all
papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of
payment of costs or expenses shall not eliminate Contractor's duty to indemnify City under this
Agreement.If the software and/or documentation or any part thereof is held to infringe and the use
thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially
adversely restricted, Contractor shall, at its own expense and as City's sole remedy, either: (a)
procure for City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non-infringing,provided that such modification does not
Professional Services Agreement Between Page 4 of 20
City of Fort Worth and the Public Agency Training Council
materially adversely affect City's authorized use of the software and/or documentation;or(c)replace
the software and/or documentation with equally suitable, compatible, and functionally equivalent
non-infringing software and/or documentation at no additional charge to City; or(d) if none of the
foregoing alternatives is reasonably available to Contractor terminate this Agreement, and refund
all amounts paid to Contractor by City,subsequent to which termination City may seek any and all
remedies available to City under law.
11.0 ASSIGNMENT AND SUBCONTRACTING
11.1 Assignment. Contractor shall not assign or subcontract any of its duties, obligations or
rights under this Agreement without the prior written consent of City. If City grants consent to an
assignment, the assignee shall execute a written agreement with City and Contractor under which the
assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. Contractor
and Assignee shall be jointly liable for all obligations of Contractor under this Agreement prior to the
effective date of the assignment.
11.2 Subcontract. If City grants consent to a subcontract,sub Contractor shall execute a written
agreement with Contractor referencing this Agreement under which sub Contractor shall agree to be bound
by the duties and obligations of Contractor under this Agreement as such duties and obligations may apply.
Contractor shall provide City with a fully executed copy of any such subcontract.
12.0 Omitted.
13.0 COMPLIANCE WITH LAWS,ORDINANCES,RULES AND REGULATIONS
Contractor agrees that in the performance of its obligations hereunder, it shall comply with all
applicable federal,state and local laws, ordinances,rules and regulations and that any work it produces in
connection with this Agreement will also comply with all applicable federal, state and local laws,
ordinances,rules and regulations.If City notifies Contractor of any violation of such laws,ordinances,rules
or regulations,Contractor shall immediately desist from and correct the violation.
14.0 NON-DISCRIMINATION COVENANT
Contractor, for itself, its personal representatives, assigns, subContractors and successors in
interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED
VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY CONTRACTOR, ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORSS OR SUCCESSORS IN
INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY
AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
15.0 NOTICES
Notices required pursuant to the provisions of this Agreement shall be conclusively determined to
have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or
representatives,(2)delivered by facsimile with electronic confirmation of the transmission,or(3)received
by the other party by United States Mail,registered,return receipt requested,addressed as follows:
Professional Services Agreement Between Page 5 of 20
City of Fort Worth and the Public Agency Training Council
To The CITY:
City of Fort Worth
Attn:Jesus J. Chapa
Assistant City Manager
200 Texas Street
Fort Worth TX 761 02-63 1 1
Facsimile: (817)392-8SO2
With a copy to the City Attorney's Office at the same address and to:
Contract Compliance Specialist
Bob Bolen Public Safety Complex
SOS W.Felix St.
Fort Worth,TX 7611S
To CONTRACTOR:
PUBLIC AGENCY TR.AR41NG COUNCIL
16.0 SOLICITATION OF EMPLOYEES
Neither City nor Contractor shall,during the term of this Agreement and additionally for a period
of one year after its termination, solicit for employment or employ, whether as employee or independent
Contractor , any person who is or has been employed by the other during the term of this Agreement,
without the prior written consent of the person's employer.Notwithstanding the foregoing, this provision
shall not apply to an employee of either party who responds to a general solicitation of advertisement of
employment by either party.
17.0 GOVERNMENTAL POWERS
It is understood and agreed that by execution of this Agreement,City does not waive or surrender
any of its governmental powers or immunities.
18.0 NO WAIVER
The failure of City or Contractor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
19.0 GOVERNING LAW/VENUE
This Agreement shall be construed in accordance with the laws of the State of Texas.If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County,Texas or the United States District Court for the Northern
District of Texas,Fort Worth Division.
Professional Services Agreement Between Page 6 of 20
City of Fort Worth and the Public Agency Training Council
20.0 SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
21.0 FORCE MAJEURE
City and Contractor shall exercise their best efforts to meet their respective duties and obligations
as set forth in this Agreement,but shall not be held liable for any delay or omission in performance due to
force majeurc or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,
transportation problems and/or any other similar causes.
22.0 HEADINGS NOT CONTROLLING
Headings and titles used in this Agreement are for reference purposes only,shall not be deemed a
part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement.
23.0 REVIEW OF COUNSEL
The parties acknowledge that each party and its counsel have had the opportunity to review and
revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits
A,B, C and D.
24.0 AMENDMENTS/MODIFICATIONS/EXTENSIONS
No amendment,modification,or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument,which is executed by an authorized representative of each party.
25.0 ENTIRETY OF AGREEMENT
This Agreement,including Exhibits A,B,C and D contain the entire understanding and agreement
between City and Contractor, their assigns and successors in interest, as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
26.0 COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
27.0 WARRANTY OF SERVICES
Contractor warrants that its services will be of a professional quality and conform to generally
prevailing industry standards.City must give written notice of any breach of this warranty within thirty(3 0)
days from the date that the services are completed. In such event, at Contractor's option, Contractor shall
Professional Services Agreement Between Page 7 of 20
City of Fort Worth and the Public Agency Training Council
either (a)use commercially reasonable efforts to re-perform the services in a manner that conforms with
the warranty,or(b)refund the fees paid by City to Contractor for the nonconforming services.
28.0 IMMIGRATION NATIONALITY ACT
Contractor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Contractor shall adhere to
all Federal and State laws as well as establish appropriate procedures and controls so that no services will
be performed by any Contractor employee who is not legally eligible to perform such services.
CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY EL41UWLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF TIES PARAGRAPH BY
CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this
Agreement for violations of this provision by Contractor.
29.0 OWNERSHIP OF WORK PRODUCT.
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation which are created, published, displayed, and/or produced solely and exclusively for the
services provided under this Agreement(collectively,"Work Product"). Further,City shall be the sole and
exclusive owner of all copyright,patent,trademark, trade secret and other proprietary rights in and to the
Work Product.Ownership of the Work Product shall inure to the benefit of City from the date of conception,
creation or fixation of the Work Product in a tangible medium of expression(whichever occurs first).Each
copyrightable aspect of the Work Product shall be considered a"work-made-for-hire"within the meaning
of the Copyright Act of 1976, as amended.If and to the extent such Work Product, or any part thereof, is
not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended,
Contractor hereby expressly assigns to City all exclusive right,title and interest in and to the Work Product,
and all copies thereof,and in and to the copyright,patent,trademark,trade secret,and all other proprietary
rights therein, that City may have or obtain, without further consideration, free from any claim, lien for
balance due,or rights of retention thereto on the part of City.
30.0 SIGNATURE AUTHORITY
The person signing this Agreement hereby warrants that he/she has the legal authority to execute
this Agreement on behalf of the respective party,and that such binding authority has been granted by proper
order,resolution,ordinance or other authorization of the entity.This Agreement and any amendment hereto,
may be executed by any authorized representative of Contractor whose name,title and signature is affixed
on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C." Each party is
fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
Professional Services Agreement Between Page 8 of 20
City of Fort Worth and the Public Agency Training Council
31.0 CHANGE IN COMPANY NAME OR OWNERSHIP
Contractor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records. The president of Contractor or
authorized official must sign the letter.A letter indicating changes in a company name or ownership must
be accompanied with supporting legal documentation such as an updated W-9, documents filed with the
state indicating such change,copy of the board of director's resolution approving the action,or an executed
merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact
future invoice payments.
32.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL
Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,
the City is prohibited from entering into a contract with a company for goods or services unless the contract
contains a written verification from the company that it:(1)does not boycott Israel;and(2)will not boycott
Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings
ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract,
Contractor certifies that Contractor's signature provides written verification to the City that
Contractor:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract.
(signature page follows)
Professional Services Agreement Between Page 9 of 20
City of Fort Worth and the Public Agency Training Council
EXECUTED on this,thet 'day of 29W
'�;U.
CITY OF FORT WORTH: PUBLIC AGENCY TRAINING
COUNCIL:
By: B 1 '
Valerie Washington b 6
Assistant City Manager C�p
Date:51 AV-1 Date:_ -4?,5- a-U 1 y_
APPROVAL RECvi """""'1�,r,�.,.�.D BY:
.
Date:
APPROVED AS TO
FORM AND LEGA)LI TY:
By: 10�, rig ill -U1y'
Me#ti#ear�l�s_ — `� 3�
Assistant City Attorney 0 .........�
ATTES
Mary J.Kayser
City Secretary
Form 1295 Certification No: NOT REOUIRED
This agreement does not require City Council approval.
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensuring all orm a and reporting requirements.
Raymond Hill
Assistant Chief
Professional Services Agreement Between Ptlge'107jb
City of Fort Worth and the Public Agency Training Council
u.a.,..a RY
WORTH,wt4�.3'vl dt.fi 4't
FT. TX
EXHIBIT A—SCOPE OF SERVICES
Practical Aspects Of Fire/Arson Investigations &Arson Case Management
February 26 h, 27 , and 28 h, 2019
Course Objective:
The purpose of this course is to provide Fire Investigators,Law Enforcement Personnel,Insurance Investigators,D.A.
Prosecutors, and Private Fire Investigators and all others responsible for Fire Investigation with a course of study,
covering investigative techniques used to properly investigate, and conduct a Fire Origin and Cause Investigation.
This course of study will reference NFPA 921 Guide for Fire and Explosion Investigations and NFPA 1033
Professional Qualifications for Fire Investigators.
Overview Of Fire Behavior:Provide knowledge of combustible materials,and the different effects that temperatures,
melting points,and conditions will have on the fire behavior.Examine the different stages of fire,and discuss the fire
indicators and how that information can lead the investigator to the origin and cause of the fire.
Investigation Management:We will discuss the different roles of everyone that will be involved in the investigation,
and their affect on your investigation.Proper scene security,benefits of a systematic and scientific investigation,
With the proper documentation for your examination.
Fire Scene Diagramming:The area of instruction will cover the importance of documentation with diagrams and all
the useful benefits a diagram will provide.Examples will be provided.
Case Management: Finding the area of origin and determining the cause. Documenting the contents, interviewing
witnesses,owners&occupants.Types of potential evidence present at the scene,identifying evidence,photographing
the evidence,packaging the evidence,Writing a search warrant affidavit,Present expert opinions.
Pyromaniacs,Arsonists:A study of motives and characteristics of different fire setters.
Insurance Companies:A vast amount of information often overlooked by investigators.Insurance Companies which
are now more than ever are involved in investigations within their SIU(Special Investigative Units We will discuss
what information can be shared and the benefits of working together.We will cover the Arson Reporting Immunity
Act.
Excerpts Of Federal Laws/Case Laws:An overview of some of the important laws that pertain to fire investigation,
and certain case law that has come down affecting the investigator in respect to his/her job.
Courtroom Testimony: Your case can be won or lost with just one question in a courtroom setting. Learn to be
prepared. We will cover some common questions you will encounter,and how to better prepare yourself for court or
depositions.
Report Writing/Case Management: A properly written and documented report with all of the facts from the case
including a systematic approach and the use of a scientific method are a must in today's investigations.
This section will cover the proper method to write a report that will withstand the challenges of a courtroom or
deposition setting.The example reports given to the attendee as a template will also follow a Rule 26 report for those
cases that go to Federal Court.
An extensive CD with a vast amount of information will be given to each attendee in addition to the course manual
Fire Pattern Recognition,Identification and Certification
March 26th, 27 h and 28th,2019
Course Overview:
Chemistry and Physics:
The determination of the origin of a fire involves the coordination of information derived from burn patterns,
observations,and chemistry and physics of fire.In this segment we will review the chemistry and physics of fire.It is
important to have a thorough understanding of"fire" in order to make an accurate determination as to the area of
origin and possible causes.
The Fingerprints of Fire:
As with any scene there are several identifying characteristics that may be located and evaluated at the scene.In this
segment we will call these patterns the"Fingerprints of Fire"
Professional Services Agreement Between Page 11 of 20
City of Fort Worth and the Public Agency Training Council—Exhibit A
Fire Patterns are the visible or measurable physical effects that remains after the fire.Fire patterns must be validated
for use in determining the origin of a fire. In this section we will cover the validated fire patterns and their various
meanings.
Case Studies:
We will review actual case studies. Students are encouraged to bring a case with you to the class if you would like to.
Time permitting,we will review your case as a class study.
Practical Fire/Arson Scene Search and Evidence Recovery
April 9th and 10'h, 2019
Course Objectives:
The scene of any fire itself is evidence, and the testimony of a trained Fire Investigator, Law Enforcement Officer,
D.A.Prosecutor,Insurance Investigator,or Private Investigator concerning observation and findings at an unchanged
fire scene is vitally important to the successful clearance of the case.Improper protection of the fire scene will usually
result in the contamination,loss,or unnecessary movement of physical evidence.
The First Law Enforcement Officer, or Firefighter to arrive at the scene of the fire automatically incurs the serious
and critical responsibility of securing the fire scene and must take precautions to protect its remains unchanged.
Physical Evidence in and about the fire scene is highly fragile in the sense that the elements, time, inadvertent
movement, improper handling and packaging, and numerous other influences can reduce or destroy its evidentiary
value. The Legal and Scientific Standards concerning the collection and processing of physical evidence are rigid.
Thus,mistakes can easily be made in processing the crime scene,however,the more important fact is that mistakes
can be easily avoided if sound procedures are followed.
The proper means of processing a fire scene, photographing, marking, tagging and packaging evidence and
transporting it requires specialized training. However,this is of a nature that is within every investigators ability to
acquire. What is required, in addition to procedural knowledge is an appreciation of what could potentially be
evidence,and what types of information the investigator might obtain from different physical material.
A competent search of a fire scene demands an understanding of basic procedures,and appreciation of the"Why"of
certain actions,and close attention to detail in carrying them out.
This training deals with the considerations, guidelines, and procedures that will help avoid an oversight, insure
thoroughness of the search,and to comply with both legal and scientific requirements that always bear on the use of
physical evidence.
The Purpose Of This Course:
The purpose of this course of training is to provide Fire Investigators, Law Enforcement Officers, Insurance
Investigators, and D.A. Prosecutors with an in-depth course on Fire Scene Investigation and Evidence Collection
Procedures.
Forensic Fire Explosion Death Investigation "Fire Fatality"
April 30'h and May 1", 2019
Course Objectives:
The scene of a fire/explosion event involving a death is complex requiring two separate but related investigations.The
reports and testimony of a Certified Fire Investigator,Criminal Investigator(Municipal, County, State and Federal),
Medicolegal Death Investigator,Insurance Investigator,and DA/AG Investigator concerning observation and findings
at a fire/explosion death scene is vitally important to the successful conclusion of the investigation. A competent
investigation of a fire death scene demands an understanding of investigative procedures, and appreciation of the
"Why"of certain actions and close attention to detail in carrying them out.This two(2)day training will address the
considerations, guidelines, and procedures that will comply with the standard of care for conducting a forensic
fire/explosion scene death investigation and analysis.
Upon Successful Completion:
Attendees will have been provided the skills and knowledge to:
Describe the investigative considerations necessary for a fire/explosion that caused injury. (NFPA 1033:4.4.1)
Describe the investigative considerations necessary at a fatal fire/explosion scene.(NFPA 1033:4.4.1)
Professional Services Agreement Between Page 12 of 20
City of Fort Worth and the Public Agency Training Council—Exhibit A
Identify and describe the fundamental issues of death investigation. (NFPA 1033:4.4.1)Describe the death-related
pathological and toxicological examination of fire/explosion victims.(NFPA 1033:4.4.1)
Identify and describe postmortem documentation and tests.(NFPA 1033:4.4.1)
Describe and understand how the cause and manner of death are determined.(NFPA 1033:4.4.1)
Conduct a competent fire death scene investigation based upon ASTM International E-1188 Standard Practice for
Collection and Preservation of Information and Physical Items by a Technical Investigator.Secure a body as evidence.
(NFPA 1033:4.4.1)
Evaluate an injured victim for details about the fire scene.(NFPA 1033:4.4.1)
Evaluate a body for details about the fire scene.(NFPA 1033:4.4.1)
Hands-On Vehicle Fire Investigation
May 21St, 22nd and 23rd, 2019
This three(3)day training module will provide the fire/arson investigator with the practical and technical skills
necessary to investigate and determine the origin and cause of vehicle fires.
This training module will provide both classroom and hands-on training with practical exercises on how to conduct
a systematic,thorough,and scientific examination of the vehicle.
Attendees will be provided the necessary knowledge of vehicle design,electrical systems,fuel systems,and their
components that will be encountered in a motor vehicle,including alternative fuels.We will examine how these
components can fail or cause fires.
Hands-On Electrical Fire/Arson Investigation
June 25tr',2e and 27trt, 2019
Course Objectives
This training module will provide the fire/arson investigator with practical and technical skills necessary to investigate
and determine electrical origin and cause of a fire.
This training module will provide both classroom and hands-on training with practical exercises on how to use
electrical testing equipment and conduct a systematic accurate examination of electrical equipment,appliances,wiring
and electrical circuits.
Attendees will be provided the necessary knowledge of electricity,the definition of electricity,how it cause fires,and
how to testify in court for successful prosecution,and/or insurance determination.
Upon Successful Completion
Attendees will have been provided the skills and knowledge to:
•Demonstrate the proper sequence for investigating electrical fires.
•Understand electrical terminology.
• Demonstrate a working knowledge of 120/240 volt wiring used in residential and commercial settings and testing
procedures.
•Demonstrate a working knowledge of electrical appliances and testing procedures.
•Demonstrate a working knowledge of electrical testing equipment,volt ohm meter,and ampere meter.
•Demonstrate a working knowledge of safety devices,controls and failures on appliances.
•Demonstrate the knowledge of how to document an electrical origin.
•Demonstrate knowledge of National Fire Protection Association 921 and National Fire Protection Association 1033.
•Demonstrate knowledge of how to use the internet to conduct fire/arson investigation research and obtain electrical
equipmentlappliance recall information.
Professional Services Agreement Between Page 13 of 20
City of Fort Worth and the Public Agency Training Council—Exhibit A
EXHIBIT B—PRICE SCHEDULE
Course description Fee
Arson Case Management $325.00 per person
Fire Pattern Certification $325.00 per person
Fire Scene Search and Evidence Recovery $295.00 per person
Fire Fatality Investigation $295.00 per person
Hands-On Vehicle Fire Investigation $325.00 per person
Hands-On Electrical Fire Investigation $325.00 per person
The per-person fees for each course shall be the total compensation paid to Contractor,and shall
be inclusive of all Contractor's expenses,including but not limited to travel,personnel costs,
class material costs, and overhead.
EXHIBIT C
FACILITIES USE REQUEREMENTS FOR THE BOB BOLEN PUBLIC SAFETY COMPLEX
Professional Services Agreement Between Page 14 of20
City of Fort Worth and the Public Agency Training Council—Exhibit B
1.0 LOCATION
1.1 Location. City does hereby grant to Contractor the use of certain space within the following
location for the purpose of conducting various trainings ("Services") for Fire Department personnel
("Program Participants"):
1.1.1 Bob Bolen Public Training Safety Complex 505 W. Felix St. Fort Worth, TX
76115
The Bob Bolen Public Safety Training Complex shall be referred to as"Premises"throughout this
Exhibit.
1.2 Condition of the Premises. Contractor expressly acknowledges and agrees that it has
conducted a full and complete physical examination of the Premises and hereby accepts the Premises,AS
IS,WHERE IS,AND WITHOUT ANY WARRANTIES OF WHATEVER NATURE,EXPRESS OR
HAPLIED, IT BEING THE INTENTION OF CITY AND CONTRACTOR TO EXPRESSLY
NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS OR EVVPLIED,IN FACT OR BY LAW,
INCLUDING WITHOUT MUTATION,THE EVIPLIED WARRANTY OF SUITABILITY,AND
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR
PURPOSE, CONTAINED IN OR CREATED BY ANY APPLICABLE LAW OF THE STATE OF
TEXAS.
2.0 USE OF THE PREMISES
2.1 Contractor may use the Premises to conduct the Services in accordance with this
Agreement in support of its mission and for no other purpose.
2.2 One each day that a course is offered, Contractor shall only have use of the Premises
beginning at 7:00 am and ending at 5:00 pm,Central Standard Time.
2.3 In the event of a change in hours or availability of the Premises,such change shall not give
rise to any claim against the City by the Contractor,whether for lost profits,cost,overhead,or otherwise.
2.4 Contractor may bring onto the Premises any equipment reasonably necessary to further the
intended use of the Premises.
2.5 Contractor may not use any part of the Premises for any use or purpose that violates any
applicable law,regulations,or ordinance of the United States,the State of Texas,the County of Tarrant,or
the City of Fort Worth,or other lawful authority with jurisdiction of the Premises.
2.6 Contractor understands and agrees that the parking areas at the Premises are not for the
exclusive use of the Contractor and that the City and the Premises' patrons may use the parking spaces at
any time.
Professional Services Agreement Between Page 15 o1720
City of Fort Worth and the Public Agency Training Council—Exhibit C
3.0 HOLDOVER TENANCY
3.1 Holdover Tenancy. Unless terminated earlier pursuant the terms of this Agreement,this
Agreement will expire without further notice when the Term expires. Any holding over by Contractor after
the Term expires will not constitute a renewal of the Agreement or give Contractor any rights in or to the
Premises,except as a tenant at will.
4.0 DUTIES AND RESPONSIBILITIES
4.1 In addition to any other duties and responsibilities set forth in this Agreement, Contractor
shall:
4.1.1 Ensure that all Program Participants and any other individual using the Premises
comply with any and all policies,rules,and regulations governing the use of the Premises.
The City will provide a copy of any such policies,rules,and regulations within a reasonable
time after request by the Contractor.
4.1.2 Contractor and Program Participants shall not remain in the Premises beyond the
Contractor's approved hours, except in instances of eminent danger to the Program
Participants, severe weather conditions, emergencies declared by the City and other
situations determined in the sole discretion of the City.
4.1.3 Notification of changes to Program schedules, including cancellation but
excluding emergencies or Force Majeure Events, must be provided to the City within 24
hours prior to schedule start time. In case of emergency or Force Majeure Events, the
Contractor must notify the City promptly upon learning of such emergency or Force
Majeure Events.
4.1.4 NOT USE THE PREMISES FOR ANY PURPOSE NOT SET FORTH IN THIS
AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CONDUCTING ANY
UNAUTHORZED BUSINESS.
4.1.6 Report any maintenance or repair needs to the City as soon as practicable.
4.1.7 Contractor agrees to notify City promptly upon the receipt of any claim or
lawsuit brought in connection with any injury, death, or damages at the Premises.
Contractor agrees to make its officers, representatives, agents, and employees
available to City, at all reasonable times, for any statements and case preparation
necessary for the defense of any claims or litigation for which City may be
responsible hereunder. Contractor shall place language in its contracts with
contractors and subcontractors that contractors shall notify City as required by
Contractor in this subsection.
4.1.12 While City will commission and oversee all repairs, Contractor will
reimburse City for any repairs that are made for any damage that occurs during
Services hours.
4.1.15 City will provide Contractor with necessary keys and security codes for
access to the Premises.
Professional Services Agreement Between Page 16 of 20
City of Fort Worth and the Public Agency Training Council—Exhibit C
4.1.16 Contractor will notify City immediately if the security of the Premises is
compromised.
4.2 The City will:
4.2.1 Furnish the necessary existing utilities and electrical power available at
the Premises for the ordinary and intended use of such, which includes lighting,
heat and air conditioning, and water. City shall not be liable or responsible for
accidents or unavoidable delays.
4.2.2 Ensure the Premises is suitable for their intended purpose.
4.2.4 Ensure the Premises is ready for set up by Contractor in accordance with
any reasonable requests of the Contractor.
5.0 LIENS
5.1 Contractor shall do no act or make any contract that may create or be the foundation for
any lien upon or interest in any City property. Any such contract or lien attempted to be created or filed
shall be void. Should any purported lien on City property be created or filed,Contractor,at its sole expense,
shall liquidate and discharge the same within ten (10) calendar days after notice from the City to do so.
Should Contractor fail to discharge the same,such failure shall constitute a breach of this Agreement,and
the City shall have the right to terminate this Agreement immediately. However, Contractor's financial
obligation to City to liquidate and discharge such lien shall survive following termination of this Agreement
and until such a time as the lien is discharged.
6.0 CARE OF THE PRENHSES
6.1 Contractor, at Contractor's own expense, shall keep the Premises and maintain all
equipment and other properties of City in a safe, sanitary, sightly condition and in good repair during all
Services or scheduled time set forth in this Agreement. Contractor shall restore and yield said Premises,
equipment, and all other properties belonging to the City back to City at the expiration of the Services or
scheduled time set forth in this Agreement in good or better condition as it existed at the beginning of the
Services or schedule time set forth in this Agreement and in which Contractor found them.
6.2 Contractor will not do or permit to be done any injury or damage to the Premises, or any
part thereof, or permit to be done anything that will damage or change the finish or appearance of the
Premises or the furnishings thereof or any other property belonging to the City by the erection or removal
of equipment or any other improvements,alterations or additions.No decorative or other materials shall be
nailed, tacked, screwed or otherwise physically attached to any part of the Premises, or to any of the
furnishings or fixtures of the City without the prior written consent of the City.
6.3 Subject to ordinary wear and tear, Contractor will pay the costs of repairing any damage
that may be done to the Premises or any of the fixtures,furniture or furnishings by any act of Contractor or
any of Contractor's officers,representatives,servants,employees,agents,Program Participants,or anyone
visiting the Premises upon the invitation of the Contractor. The City shall determine, in its sole discretion,
whether any damage has occurred, the amount of the damage and the reasonable costs of repairing the
Professional Services Agreement Between Page 17 of 20
City of Fort Worth and the Public Agency Training Council—Exhibit C
damage, and whether, under the terms of this Agreement, the Contractor is responsible. City shall be the
sole judge of the quality of the maintenance and/or damage of the Premises,furnishings,fixture or furniture
by the Contractor. The costs of repairing any damage to the Premises shall be immediately due and payable
by the Contractor upon Contractor's receipt of a written invoice from City.
6.4 Subject to the prior written consent of the City,Contractor may place any signs within the
Premises necessary to indicate Contractor's name and location. Any sign shall be prepared and installed by
the Contractor, at the sole cost of Contractor, in accordance with applicable rules and regulations of the
City and in keeping with the Premises' decor. Any special requirements of Contractor contrary to the above
must be made a part of this Agreement by written amendment.
7.0 FORCE MAJEURE
7.1 If either party is unable,either in whole or part,to fulfill its obligations under this License
due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars;
blockades; insurrections; riots; epidemics; public health crisis; earthquakes; fires; floods; restraints or
prohibitions by any court, board, department, commission or agency of the United States or of any state;
declaration of a state of disaster or of emergency by the federal, state, county, or City government in
accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the
United States Department of Homeland Security or any equivalent alert system that may be instituted by
any agency of the United States; any arrests and restraints; civil disturbances; or explosion; or some other
reason beyond the Parry's reasonable control (collectively, "Force Majeure Event"), the obligations so
affected by such Force Majeure Event will be suspended only during the continuance of such event. If a
Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its
Premises, parks, or other City-owned and operated properties and facilities in the interest of public safety
and operate them as the City sees fit. Contractor hereby waives any claims it may have against the City for
damages resulting from any such Force Majeure Event.
8.0 RIGHT OF ENTRY AND INSPECTION
8.1 In providing use of the Premises by Contractor,City does not relinquish the right to control
the management of the Premises,or the right to enforce all necessary and proper rules for the management
and operation of the same. After receiving notice by City, Contractor must permit City or its agents,
representatives, or employees to enter the Premises for the purposes of inspection; determining whether
Contractor is complying with this Agreement;maintaining,repairing,or altering the Premises;or any other
reasonable purpose. During any inspection, City may perform any obligations that City is authorized or
required to perform under the terms of this Agreement or pursuant to its governmental duties under federal
state or local laws, rules or regulations. In the event of an emergency, no advance notice from City is
required.
9.0 LICENSES AND PERMITS
9.1 Contractor shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for its operations.
Professional Services Agreement Between Page 18 of 20
City of Fort Worth and the Public Agency Training Council—Exhibit C
10.0 ADDITIONAL DUTIES UPON TERMUATION
In addition to the duties described in the Agreement, Contractor shall comply with the following
upon termination or expiration of the Agreement:
10.1 Prior to the effective date for expiration or termination of the Agreement,Contractor shall
promptly remove all of its personal property; provided, however, Contractor shall not be obligated to
remove any fixtures. Contractor shall also repair any damage to the Premises that occurred during
Contractor's use of the Premises, including, but not limited to, any damage that Contractor causes during
removal of Contractor's property,to the reasonable satisfaction of the City.
10.2 If Contractor fails to comply with its obligations in this Section, City may, at its sole
discretion, (i) remove Contractor's personal property and otherwise repair the Premises and invoice
Contractor for City's costs and expenses incurred,such invoice to be due and payable to City within thirty
(30)calendar days of its delivery to Contractor;or(ii)following no less than thirty(30)calendar days prior
written notice to Contractor,take and hold any of Contractor's personal property as City's sole property;or
(iii)pursue any remedy at law or in equity available to City.If Contractor fails to surrender the Premises to
City following termination or expiration, all liabilities and obligations of Contractor hereunder shall
continue in effect until such is surrendered.
10.3 Upon termination,all funds owed to the City shall be due and payable by the tenth(10th)
calendar day after the effective date of termination.
11.0 ACCESS
11.1 Contractor will only use areas of the Premises that are approved in advance by City.
11.2 Contractor will assure that Program Participants adhere to the Services hours set forth in
the Agreement. Earlier access may only be granted by arrangement.
11.3 Program Participants will not be allowed to congregate or loiter in front of the main
entrance of the Premises or in the parking lot prior to 8:00 am or after 5:00 pm.
Professional Services Agreement Between Page 19 of 20
City of Fort Worth and the Public Agency Training Council—Exhibit C
EXIEHBIT D
VERIFICATION OF SIGNATURE AUTHORITY
Execution of this Signature Verification Form ("Form")hereby certifies that the following individuals
and/or positions have the authority to legally bind Vendor and to execute any agreement, amendment or
change order on behalf of Vendor. Such binding authority has been granted by proper order, resolution,
ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority. City is entitled to rely on any current executed Form until it receives a revised Form that has
been properly executed by Vendor.
Name: �U� C 4,rrt,p 1 t r
2
Position: C h' 47%n 4" ` '4 l (1
�i cE
o?oIL, j
Signature
Name:
Position:
Signature
Name:
Position:
Signature
Name:
Signature of President I CEO
Other Title:
Date:
Professional Services Agreement Page 20 of20
City of Fort Worth and the Public Agency Training Council—Exhibit D