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CONTRACT NO. 5 as tog
PROFESSIONAL SERVICES AND FACILITIES USE AGREEMENT
This PROFESSIONAL SERVICES AND FACILITIES USE 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 Jesus J. Chapa, its duly authorized Assistant
City Manager, and NATIONAL NARCOTIC DETECTOR DOG ASSOCIATION (NNDDA)
("Contractor"), a nonprofit corporation, acting by and through Terry Uetrecht, its duly authorized
National Secretary. For purposes of this Agreement, the term Contractor shall include Contractor, its
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—Rental Fees and Policies
4. Exhibit C— Facilities Use Requirements; and
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 will conduct NNDDA National Training Seminar for law enforcement personnel
beginning on May 7, 2019, and ending on May 9, 2019 ("Services"). Each day Contractor shall provide
training from 8:00 am to 5:00 pm, Central Time. Contractor shall, in accordance with the terms of this
Agreement, be allowed to use the tactical village and driving track at the Bob Bolen Public Safety Training
Complex located at 511 W. Felix Street, Fort Worth, Texas 76115 ("Premises") in providing Services to both
City and outside,non-City law enforcement personnel.
2.0 TERM
This Agreement shall become effective upon execution by both parties and shall expire on May 9,
2019, at 11:59pm, unless terminated earlier in accordance with the terms of this Agreement.
3.0 CONSIDERATION
3.1 Facility Use Fee. The standard prescribed fee for the use of the tactical village at the
Premises is $100 per hour. The standard prescribed fee for the use of the driving track at the Premises is also
$100 per hour. Therefore, the total facility use fee for the tactical village and driving track for the period
described in the Scope of Services above equals Five Thousand Four Hundred Dollars and Zero Cents
($5,400.00)("Facility Use Fee").
OFFICIAL RECORD
RECEIVED CITY SECRETARY
MAY—7 2019 Prof, ssix1symum
Ci of 0r1
CITY OF FORT WORTH
CITY SECRETARY
3.2 Enrollment Fee. The standard fee that Contractor charges for Services is Three Hundred
Dollars and Zero Cents($300.00)("Enrollment Fee")per dog to attend the National Training Seminar.
Under no circumstances shall City be held liable for the Enrollment Fees of any attendee of
the training who is not an employee of the City.
3.3 Exchange of Value. In lieu of a cash exchange, City and Contractor agree that as
consideration for the use by Contractor of the Premises described above in the Scope of Services, Contractor
will provide City with twenty-two (22) no-cost registrations to attend the National Training Seminar.
Contractor and City agree that the provision of these enrollments to the City without the Enrollment Fee
represents fair and equitable consideration for the Facility Use Fee described in section 3.1 above.
4.0 TERMINATION
4.1. Written Notice. City or Contractor may terminate this Agreement at any time and for any
reason by providing the other party with at least 10 days' written notice of termination, however, Contractor
will be subject to the cancellation fees listed in Exhibit B of this Agreement.
4.2 Duties and Obligations of the Parties. Upon termination of this Agreement for any reason,
Contractor shall provide City with copies of all completed or partially completed documents prepared under
this Agreement. In the event Contractor has received access to City Information or data as a requirement to
perform services hereunder, Contractor shall return all City provided data to City in a machine readable
format or other format deemed acceptable to City.
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.
The City requires a two (2) week notification prior to the scheduled training if changes are made
to the contractor's course schedule or materials.
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 will provide course registration, administration, and certificates of completion, if
appropriate.
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
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this Agreement. In the event that any conflicts of interest arise after the date this Agreement becomes
effective, 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.
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 1.0 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 contains 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
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subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as
between City, its officers, agents, servants, or employees, and Contractor, its officers, agents, employees,
servants, Contractors, or 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 subcontractors of Contractor. Neither Contractor, nor any officers, agents,
servants, employees, or subcontractors of Contractor shall be entitled to any employment benefits from
City. 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 subcontractors.
10.0 LIABILITY AND INDEMNIFICATION
10.1 LLABILITY- CONTRACTOR SHALL BE LL4BLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTYLOSS, PROPERTYDAMAGE,AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR
ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT 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 RESULTINGLOSTPROFITS)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 ACT(S) OR OMISSION(S) OR
MALFEASANCE OF CONTRACTOR,ITS OFFICERS,AGENTS,SERVANTS, OR EMPLOYEES.
10.3 Certain uses on the Premises may require individual waivers from each participant.
In addition, individual parental waivers are required for all events involving youth. All waivers
must be submitted fourteen (14) calendar days prior to the event. City is not responsible for any
damages,in juries, or death related to the use of the Premises. Contractor is required to have a pre-
and post-walkthrou2h with City staff, including Facility administrative staff and an IT Liaison (as
required), for each event. If applicable, a list of damages discovered on the post-walkthrough and
afterward will be submitted to the Premises' administrative office, and Contractor shall be subject
to payment for the damages as required herein.
10.4 INTELLECTUAL PROPERTY INDEMNIFICATION— 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
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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 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, the subcontractor shall execute a
written agreement with Contractor referencing this Agreement under which the subcontractor 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 INSURANCE
Contractor shall provide City with certificate(s) of insurance documenting policies of the
following types and minimum coverage limits that are to be in effect prior to commencement of any work
pursuant to this Agreement:
12.1 Coverage and Limits
(a) Commercial General Liability:
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$1,000,000 - Each Occurrence
$1,000,000 - Aggregate
12.2 General Requirements
(a) The commercial general liability policy shall name City as an additional insured
thereon, as its interests may appear. The term City shall include its employees,
officers, officials, agents, and volunteers in respect to the contracted services.
(b) A minimum of thirty (30) days' notice of cancellation or reduction in limits of
coverage shall be provided to City. Ten (10) days' notice shall be acceptable in
the event of non-payment of premium.Notice shall be sent to the Risk Manager,
City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to
the Fort Worth City Attorney at the same address.
(c) The insurers for all policies must be licensed and/or approved to do business in
the State of Texas. All insurers must have a minimum rating of A- VII in the
current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of of the City's Risk Management
Department. If the rating is below that required, written approval of Risk
Management is required.
(d) Any failure on the part of City to request required insurance documentation shall
not constitute a waiver of the insurance requirement.
(e) Certificates of Insurance evidencing that Contractor has obtained all required
insurance shall be delivered to the City prior to Contractor proceeding with any
work pursuant to this Agreement.
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, SUBCONTRACTORS, OR SUCCESSORS IN
INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY
AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
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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:
To CITY:
City of Fort Worth
Attn:Jesus J. Chapa
Assistant City Manager
200 Texas Street
Fort Worth TX 76102-6311
Facsimile: (817)392-8502
With a copy to the City Attorney's Office at the same address and to:
Contract Compliance Specialist
Bob Bolen Public Safety Complex
505 W. Felix St.
Fort Worth, TX 76115
To CONTRACTOR:
National Narcotic Detector Dog Association(NNDDA)
Attn: Terry Uetrecht
379 CR 105
Carthage, TX 75633
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 an 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.
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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.
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 majeure 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 rule 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, or 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 executed by an authorized representative of each party.
25.0 ENTIRETY OF AGREEMENT
This Agreement, including Exhibits A, B, C, and D, contains 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.
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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
(30) days from the date that the services are completed. In such event, at Contractor's option, Contractor
shall 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 AND 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 I-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 HARMLESS FROM ANY
PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS 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.
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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
D. Each party is fully entitled to rely on these warranties and representations in entering into this
Agreement or any amendment hereto.
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 an
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, a copy of the board of director's resolution approving the action, or an
executed merger or acquisition agreement. Failure to provide the specified documentation 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 contrast. 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)
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City of Fort Worth and NNDDA
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EXECUTED on this,th y of ,2019.
CITY OF FORT WORTH: NATIONAL NARCOTIC
DETECTOR DOG ASSOCIATION
(NNDDA)
By: By:
Jesus J. Chapa Terry etrecht
Assistant City Manager National Secretary
Date:` ,`) / `,- Date:
APPROV COM NDED BY:
r By:
Joel F.Fitzge
Chief of Police
Date: Z I
APPROVED AS TO
FORM=AALITY:
By:_
Trey Qualls O F 7��..
Assistant City Attorney
ATTES
i
By.
Mary J.Itay er u
City Secre TE
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 performance and reporting requirements.
gt.Jon han Rho Lr l:;e,-o tr 21GK l v. Lati&
Fort Worth Police Officer
Professional Services Agreement
Clty of Fort Worth and NNDDA
OFFICIAL RECORD
CITY SECRETARY
FT WORTH TX
EXHIBIT A
SCOPE OF SERVICES
May 7th (Tuesday)
• Training Sites& Certification 0900-1700 hours
May 8th(Wednesday)
• Training Sites& Certification 0900-1700 hours
May 9th(Thursday)
• K-9 Troubleshooting Problems Site 0900-1200 hours
• Patrol Competition 0900-1600 hours
Training topis will include:
• Police Service Dog
• Explosive/Narcotic Detection
• Situational Training
• New Dogs
• Scratch Drills
• Masking Odors
• Tractor and Trailers
• Automobiles
• Lockers
• Hi-Med-Low Finds
• Passive Alerts
• Package Searches
• Classroom Searches
• Search Warrant
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EXHIBIT B
RENTAL FEES AND POLICIES
BOB BOLEN PUBLIC SAFETY TRAINING CENTER
Rental Fees &Policies
509 W.Felix Street
Fort Worth,TX 76115
(817)392-6875 or(817)392-6874
Reservations for the meeting and training facilities at the Bob Bolen Public Safety Training
Center(BBPSTC) can be booked out a maximum of 6 months. Use of the facilities by the Fort
Worth Fire Department (FWFD) or the Fort Worth Police Department (FWPD) may supersede
other group bookings with at least 10 days of notice provided (except in the case of
emergencies and natural disasters where advance notice may not be feasible).
Please Read the Following:
1. Event Holder shall comply with all laws(federal,state and local) including all ordinances
of the City of Fort Worth and rules,regulations and requirements of the Fire and Police
Departments. Violations of these laws and the rental policies listed below may result
in the immediate termination of this rental agreement and forfeiture of any and all
reservation fees and could result in the Event Holder not being allowed to rent BBPSTC
in the future.
2. Persons making the reservation should specify the exact time BBPSTC is needed.
Admittance shall not be made prior to the time specified. If reservation extends beyond
the designated time, additional rental and staff time charges will be assessed in half-
hour increments.
3. The number of guests shall be restricted to the maximum capacity of each space.
4. Pricing and policy requirements are subject to change without notice.
For reservations,contact BBPSTC administrative staff at:
817-392-6875 or817-392-6874
BBPSTC Hours of Oneration
Meeting Facilities: Monday-Friday, 8a-5p
Fire Drill Grounds: Tuesday-Thursday,8a-5p
Event Booking Office: Monday-Friday,9a-4p
After Hours(Subject to Staffing Availability): Daily, 7a-8a and 5p-10p
BBPSTC is closed the following holidays: New Year's Day, Martin Luther King Day,Memorial
Day, Fourth of July, Labor Day,Thanksgiving Day,the day after Thanksgiving,and
Christmas.
POINT OF CONTACT: Each event request must have a designated point of contact (POC)
who is a City of Fort Worth employee. The POC must agree to this policy and acknowledge
the conditions set forth herein. The POC is responsible for the administrative needs of the
event; set-up and clean-up; the condition of the rented space after use including returning
furniture and other items to their original position, repairing any damages or additional
cleaning that may be required; and notifying BBPSTC administrative staff of any requests to
cancel or reschedule a planned event. If audio/visual equipment is to be used during the
event,the POC should also coordinate a time prior to the event to complete an orientation on
the equipment. The person listed as the POC shall be the sole contact person for purpose of
this agreement.
Professional Services Agreement
City of Fort Worth and NNDDA
Page 13 of 23
RESERVATION APPROVALS: No oral agreements for use of BBPSTC,grounds,or
additional rooms shall be valid.The Fire Training Deputy Chief or the Police Chief or
assignee shall review and approve reservation requests. Some reservation requests
may also require approval by the Fire Department's Executive Staff or the Police
Department's Executive Staff, including youth events. No rental contracts are
valid unless approved, signed and dated by the appropriate staff person.
RENTAL FEES:All facilities are booked a minimum of 4 hours,which includes all
set up and clean up time for your event. For added set up and clean up time,
additional time may booked in half-hour increments for$30 per half-hour, up to a
maximum of two additional hours for set up and clean up. Rental fees for the
meeting facilities and Fire Drill Grounds are as follows:
COMMON AREAS FIRE POLICE
Auditorium 650 $1,080
Multi-Purpose Room(max.245) $710 $11
180 Incl. use of Lobby/Lounge/Kitchen
Lobby $710 $1,180 Incl. use of Lounge/Kitchen
Lounge $325 $540 Incl. use of Kitchen
FIRE MEETING FACILITIES
Classroom 1283 max.18 $285 $475
Classroom 1266 max.24 $285 $475
Classroom 1261 max.37 $285 $475
Classroom 1258 max.38 $285 $475
Classroom 1275 max.38 $285 $475
Classroom 1277 max.38 $285 $475
Classroom 1214(max.50) $425 $710
Classroom 1264 max.51 425 710
Simulator 1266 max.24 $325 540
Computer Lab 1267 max.24 $485 $810
FIRE DRILL GROUNDS*
Incl.use of bum props,propane,Radio
8-Story Tower-Live Bums $1,200 $2,000 Tower,SCBA compressor
8-Story Tower-No Burns $600 $1,000 Incl. use Radio Tower,SCBA
compressor
Radio Tower 600 $1,000
Warehouse Simulator $450 $750
Aquatics Simulator $360 $600
Flashover Chamber $720 $1 200 Does not include materials
Vehicle Fire Prop $1,020 $1,700 Incl.fuel,travel/delivery(if
requested)
Incl, use of burn props,SCBA
Class A Bum Lab-Live Bums $1,020 $1,700 compressor(materials provided at
cost
Class A Burn Lab-No Bums 540 $900 Incl. SCBA compressor
Confined/Trench Space $450 $750 Supplies not included
Flim Asltiitional Staffing
Instructor/Trainer
$75/hour per person
Safety Officer
$75/hour per person
*Based on the number of attendees and planned training activities,additional instructors and/orsafety officers
may be required in order to comply with NFPA 1403 at the Event Holder's cost.In such instances,the Staffing
Rates will apply.Material costs will be based on current market rates.
Professional Services Agreement
City of Fort Worth and NNDDA
Page 14 of 23
Classroom 1134(max.35) $285 $475
Classroom 1135(max.35) $300/4 hours only after 5pm)
Computer Lab 1142(max.24) $285 $475
Computer Lab 1146(max.24) $285 $415
Classroom 1166(max.48) $285 $475
Classroom 1233(max.48) $425 $710
Classroom 1416 Weapons Range $285 $475
Area max.32
Classroom 1426 Weapons Range $425 $710
Area(max.48)
Classroom 1439 Weapons Range $285 $475
Area max.32
Firing Range# 1(50 yard,40lane) $650/hour(4 hour minimum required)
Firing Range#2(25 yard,5lane) $125/hour(4 hour minimum required)
Firing Range# 3(25 yard,30 lane) $425/hour(4 hours minimum required)
Firing Range#4(100 yard, 10lane) $165/hour(4 hour minimum required)
Tactical Village $100/hour
Driving Track $100/hour
Use of Force Simulator $65/hour
Police
Police Officer $68/hour per person
IT Liaison $68/hour per person
Police Instructor $75/hour per person
*Janitorial $11/hour per person
4110
TIM
-
*Room 1135 is available for use after 5pm($300/4 hours if approved for use)
*Specialized areas are charged per hour
*Janitorial-Recommends 2 staff members per every 175 guests
"For POLICE License Fees that are stated on a per day basis,and Licensee agrees to pay the full daily License Fee,even if arty or all of the
res ective5 ace are used ora ortiono ado.
NOT£:All rental fees and deposits are due in full at time of booking and maybe paid by credit/debit card.Prices listed above are subject to
change.Base rates listed above do not include overtime fees ordeposits.
In the case of City of Fort Worth departments,only non-General Fund departments will be charged fees for space reservations.General
Fund departments will only be charged where supplemental fees are required for extra services such as Janitorial security,etc
RESCHEDULING AND CANCELLATION REQUESTS: Requests to cancel or
reschedule an event should be sent to BBPSTC administrative staff in writing at least
14 calendar days before the original event date. Events may be rescheduled to a
later date within six months of the original date based on space availability. A
reschedule fee of$50 per rented space will apply. Cancellation refunds shall be as
follows and may take up to 8 weeks to process:
6 weeks or more prior to event Refund 75%
of rental fee 2-6 weeks prior to event Refund 50%
of rental fee Less than two weeks prior to event No
refu nd
Cancellation due to inclement weather Reschedule or Refund 75%of reservation fee
Professional Services Agreement
City of Fort Worth and NNDDA
Page 15 of 23
OVERTIME FEES: After hours staffing rates may apply for events taking place after 5pm
and/or on weekends.
PAYMENT: Payments may be made by debit or credit card or check.A reservation
booked under false pretenses will be canceled and will void any refunds of your
payment.
DECORATIONS AND EVENT SIGNAGE: Event holder shall not be permitted to nail, tack,
screw or otherwise physically attach materials to any part of BBPSTC, including the ceiling,
walls, window treatments, fixtures, windows, etc. All decorations and signage must be on a
table or freestanding. In addition, no paint sprays,glitter,confetti,shoe polish or open flames
may be used in any part of BBPSTC. This includes items such as candles, hurricane torches
or lanterns. Battery operated candles are permissible. All tables, decorations, displays, etc.
must be arranged so that clear and unobstructed pathways (as determined by BBPSTC) are
maintained throughout all areas of the facility. Emergency exits cannot be blocked. The POC
is required to submit a proposed plan for decorations and event signage to BBPSTC
administrative staff for review and approval a minimum of 14 calendar days prior to your
event. Once this proposal has been approved, notice of any changes,adds, and/or moves will
be required 48 hours prior to event.
TABLES: Classroom spaces are reserved as-is. No moving of tables, chairs, or equipment.
Multi-purpose Room rental fees include the use of tables and chairs. Our table sizes vary. Our
tables and chairs may not be taken outside. The POC is required to submit a set-up diagram
to BBPSTC administrative staff for review and approval a minimum of 14 calendar days prior
to your event. Once this diagram has been approved, notice of any changes, adds, and/or
moves will be required 48 hours prior to event. Changes, adds, and/or moves requested on-
site will be charged a $50 Change Fee. Tables and chairs will be set up by the Event Holder
at their own risk and expense.
DANCING AND MUSIC: Dancing is not allowed. Music, including live bands and DJs, may be
permitted under limited circumstances in the Multi-Purpose Room and Lobby with preapproval
from BBPSTC administrative staff. Space for music greatly reduces the maximum capacityof
these rooms. Noise levels must not disturb other building guests as determined by BBPSTC
administrative staff. Noise violators are subject to immediate removal from grounds
without refund. BBPSTC reserves the right to limit music volume and song content.
IT, SOUND & A/V EQUIPMENT: The POC and any other persons responsible for making
audio-visual arrangements for the event will need to schedule time to meet with a member
of BBPSTC administrative staff at least 7 calendar days prior to the event. BBPSTC does not
provide audio equipment or extension cords. You should notify us of your AN needs when
you rent the room. Microphones, lecterns, projection screens, may be available for use on a
limited basis at an additional charge to the Event Holder, An IT Liaison will be available to
assist with operator errors, but staff is not available to fix malfunctioning equipment. Event
Holders requiring access to computers and/or the internet may be required to complete a
separate Network Access Agreement.
FOOD & BEVERAGES: Events providing food and/or beverages must have prior approval
from BBPSTC administrative staff at least 14 calendar days in advance of your event. All food
and beverages must either be prepared by an established caterer and/or restaurant or
packaged in its original retail packaging. Rental of a room does not guarantee private use of
the catering kitchen, as it is a shared kitchen with all BBPSTC patrons. Cleaning items,
utensils, etc. are not furnished when utilizing the kitchens. You are responsible for making
sure the kitchen/catering area is clean after your rental. No items may be left in BBPSTC after
the specified rental period. Storage space is not provided except during rental times. Please
discuss this information with your caterer. Food and drinks are not allowed in the Computer
Lab and Auditorium. Only beverages with covered lids are allowed in the Classrooms and Fire
Drill Grounds.
Professional Services Agreement
City of Fort Worth and NNDDA
Page 16 of 23
PHOTOGRAPHY: Photography must be approved by BBPSTC prior to the event. There is no
charge for photography during a scheduled event in your scheduled area.
PARKING: Self-parking is available in the Main Parking Lot ONLY. Occasionally multiple
events are held at BBPSTC which result in additional traffic and limited parking availability.
We endeavor to inform you of any such events that are planned for the same date and time
as your event and their potential impact so that you may plan accordingly. Regardless of
impact, you will be bound by the terms of your rental contract and these regulations.
OTHER INFORMATION:
• We are a non-smoking facility. No smoking permitted, including e-cigarettes, in the
building. Ashtrays are available in the designated areas.
• No animals will be permitted in BBPSTC except for service animals currently on duty.
• Non-employee licensed open/concealed firearms are prohibited at the BBPSTC.
• Vehicles are NOT permitted to drive over curbs, sidewalks, or on any areas other than
those designated as road or parking spaces at any time.
• Limited storage space is available. Please contact the BBPSTC administrative staff for
more information. Staff may sign for deliveries but will not be responsible for them.
Decorations,equipment, or supplies must be removed from the building at the end of
the rental period.
• Any activity, meeting,etc., which BBPSTC administrative staff deems as detrimental to
the facilities will not be permitted. BBPSTC reserves the right to exclude any group or
individual deemed to be a risk to the City of Fort Worth and/or BBPSTC property or
interests.
• No children's parties will be scheduled.Should an event be booked under false pretenses,
all deposit funds will be forfeited.
• BBPSTC is a secured facility.All visitors are required to enterthroug h the metal detectors
located at the main entrance.
• Inquiries regarding the accessibility for those with disabilities should be directed to
BBPSTC administrative staff at (817) 392-6875.
I confirm by signature below, that I have read and understand the rules and
regulations stated herein governing facility use, and agree to abide by all rules and
assume financial responsibility for any damages to the facility and equipment.
Organization Name
Name of Event Event Date
POC Printed Name POC Phone Number
POC Signature Date
POC Mailing Address City State Zip
POC Email Address
A signed contract and payment of the rental fee and deposit is required to confirm your event booking
Professional Services Agreement
City of Fort Worth and NNDDA
Page 17 of 23
EXHIBIT C
FACILITIES USE REQUIREMENTS
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 NNDDA National Training Seminar for law enforcement
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 IMPLIED, IT BEING THE INTENTION OF CITY AND CONTRACTOR TO EXPRESSLY
NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED, IN FACT OR BY
LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED 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 Contractor shall only have use of the Premises on beginning May 7, 2019, at 8:00 am
and ending May 9,2019,at 5:00 pm, Central 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.
Professional Services Agreement
City of Fort Worth and NNDDA
Page 18 of 23
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.
3.0 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 at least
twenty-four (24) hours prior to the scheduled 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.
4.1.5 Report any maintenance or repair needs to the City as soon as practicable.
4.1.6 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 subcontractors that subcontractors
shall notify City as required by Contractor in this subsection.
4.1.7 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.
Professional Services Agreement
City of Fort Worth and NNDDA
Page 19 of 23
4.1.8 City will provide Contractor with necessary keys and security codes for access to
the Premises.
4.1.9 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 its intended purpose.
4.2.3 Ensure the Premises is ready for set up by Contractor in accordance with
any reasonable requests of the Contractor.
5.0 LIENS
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 PREMISES
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 as good or better condition as it existed at the beginning of
the Services or scheduled 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
Professional Services Agreement
City of Fort Worth and NNDDA
Page 20 of 23
discretion,whether any damage has occurred,the amount of the damage,the reasonable costs of repairing
the 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, fixtures, 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
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 crises; 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 parties' 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
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
Contractor shall, at its sole expense, obtain and keep in effect all licenses and permits necessary
for its operation.
Professional Services Agreement
City of Fort Worth and NNDDA
Page 21 of 23
10.0 ADDITIONAL DUTIES UPON TERNIINATION
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 of the Agreement, 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(1 Oth)
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 prior written 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 at any time.
Professional Services Agreement
City of Fort Worth and NNDDA
Page 22 of 23
EXHIBIT D
VERIFICATION OF SIGNATURE AUTHORITY
Execution of this Signature Verification Form ('Form")hereby certifies that the following individuals
have the authority to legally bind Contractor and to execute any agreement,amendment,or change order
on behalf of Contractor. Such binding authority has been granted by proper order,resolution,ordinance,
or other authorization of Contractor. City is fully entitled to rely on the warranty and representation set
forth in this Form in entering into any agreement or amendment with Contractor. Contractor 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 Contractor.
Name: 7-"R Y Ae
Title: �T�E'� �- a''r��,t��Ri/� AJl�aC�
'gig-nature
Name:
Title:
Signature
Name:
Title:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
Professional Services Agreement
City of Fort Worth and NNDDA
Page 23 of 23
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