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HomeMy WebLinkAboutContract 50435 C`TY SECRETARLs�! i"f-ACT NO. 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 R. Washington, its duly authorized Assistant City Manager, and LABORATORY FOR SCIENTIFIC INTERROGATION,INC. DBA LSI, ("Contractor")acting by and through Avinoam Sapir, its duly authorized President. 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—Verification of Signature Authority Form. Exhibits A, and B, 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,or B 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 "Scientific Content Analysis"("SCAN")training for law enforcement personnel beginning on March 12, 2018, and ending on March 15, 2018 ("Services"). Each day, Contractor shall provide training from 8:00 am to 5:00 pm, Central Standard Time. Services shall be performed at the Bob Bolen Public Safety Training Complex located at 511 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 March 15, 2018 at 5:01pm,unless terminated earlier in accordance with the terms of this Agreement. 3.0 COMPENSATION Cost for Services shall be $333.00 per student or $1000.00 for three (3) students enrolled in the training. The City shall be entitled to one(1)free slot for hosting the class. The maximum amount to be paid to the Contractor for all Services performed and expenses incurred hereunder shall not exceed ten thousand and 00/100 dollars ($10,000.00). Contractor shall not perform any additional services or bill for expenses incu-ed 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. RECEIVED Profetsipnal Services Agreement nd LSI,Inc. MAR 2 0 2018 mow. age 1 of 18 CITY OF FORT WORTH OFFICIAL RECORD CITYSECRETARY CITY SECRETARY 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 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 10 days'written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder,City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Oblipations of the Parties. In the event that this Agreement is terminated prior to the Expiration Date, City shall pay Contractor for services actually rendered up to the effective date of termination and Contractor shall continue to provide City with services requested by City and in accordance with this Agreement up to the effective date of termination. 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 minimum enrollment for Services is 10 (ten)participants. If, the enrollment minimum is not met,the parties agree to confer in good faith regarding whether to reschedule or cancel the 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. The City shall provide access to coffee in the morning for the duration of the course. 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. Professional Services Agreement City of Fort Worth and LSI,Inc. Page 2of18 Contractor will provide course registration, administration, and certificates of completion, if appropriate. The City shall report training hours to the Texas Commission on Law Enforcement (TCOLE) for all participants who have a valid TCOLE PID number. The Contractor must provide the following information to the City: At least ten(10)days before the beginning of Services: Digital copy of the full lesson plan(must meet TCOLE standards) Hard copy of course workbook Digital copy of instructor Biography(ies) Current attendance roster Within thirty(30)days of the end of Services: Roster signed by all participants Hard/Digital copy of the"No Test Waiver"letter Hard copy of course critique from each participant 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. 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 Professional Services Agreement City of Fort Worth and LSI,Inc. Page 3 of 18 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 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. 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. LIABILITY AND INDEMNIFICATION 10.1 LABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,INCLUDING Professional Services Agreement City of Fort Worth and LSI,Inc. Page 4 of 18 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 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 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 Professional Services Agreement City of Fort Worth and LSI,Inc. Page 5 of 18 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 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: $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 Risk Management. If the rating is below that required,written approval of Risk Management is required. Professional Services Agreement City of Fort Worth and LSI,Inc. Page 6of18 (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, 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: To The CITY: City of Fort Worth Attn: Valerie R. Washington 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. Professional Services Agreement City of Fort worth and LSI,Inc. Page 7 of 18 Fort Worth,TX 76115 To CONTRACTOR: Laboratory for Scientific Interrogation,Inc. d/b/a LSI PO Box 17286 Phoenix,AZ 85011-7286 Phone: (602)279-3113 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. 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 Professional Services Agreement City of fort Worth and ISI,Inc. Page 8 of 18 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"and`B." 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 and C, 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. 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. Professional Services Agreement City of Fort worth and 151,Inc. Page 9 of 18 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 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. 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 "B." 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 Professional Services Agreement City of Fort Worth and LSI,Inc. Page 10 of 18 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 City of Fort Worth and LSI,Inc. Page 11 of 18 EXECUTED on this,th day o ,2018. CITY OF FORT WORTH: LABORATORY FOR SCIENTIFIC INTERROGATION,INC.DBA LSI By. ✓`� By: Avinoam Sapir Assistant City Ma�•�a-' President Date:_ �Q .� Date: r �, `-ZA i APPROVRECOMMENDED BY: By: Joel F.Fitz a ald Ij Chief of Police �y AL Date: '3 � (t� APPROVED AS TO FORM AND LEGA By: J�6r Matth A.Murr _ Assistant City Attorney ATTEST: f � By: /� Macy J.K 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 OFFICIAL]RECORDensuri all perfo ance and reporting requirements. CITY�ECFT. W®R Offic r aures Dunn Fort Worth Police Officer Professional Services Agreement City of Fort Worth and LSI,Inc. Page 12 of 18 EXHIBIT A—SCOPE OF SERVICES THE LSI COURSE ON SCIENTIFIC CONTENT ANALYSIS 1. The course was developed by Mr. Avinoam Sapir. It is presented either by Mr. Sapir, or by instructors specially trained by Mr. Sapir. 2. Course Objectives: The LSI Basic Course on Scientific Content Analysis (SCAN) provides an effective technique for obtaining information and detecting deception strictly by means of verbal communications. SCAN, also known as "statement analysis", gives the maximum information from every interview. Students of the SCAN course learn how to extract vital information from oral or written statements given by suspects, witnesses, victims or informers, information which otherwise will not be obtained by any other investigative method. The course includes training on the VIEW Questionnaire, a useful investigative tool. The LSI SCAN Advanced Workshop: Immediately following the LSI SCAN Basic Course,the LSI SCAN Advanced Workshop will give the student hands-on guided practice in analyzing statements for various types of cases, enabling the student to utilize his/her knowledge of the SCAN technique in a more efficient and effective way. 3. The course is a 4-day course (including basic and advanced sections), held 0800-1730, with one half-hour for lunch-total 36 session hours. 4. a. During the evenings the student is required to do homework consisting of guided reading. The guided reading enables the student to test the rules discussed during the sessions. b. The student is given additional material to read at the conclusion of the course. This last assignment serves the student as a test of his ability to utilize the rules learned in the course. C. It is estimated that the student must devote 2 hours each evening for the reading material,total reading time 6 hours. 5. Length of training: session hours = 36 hours. reading assignments = 6 hours. TOTAL TRAINING = 42 hours. Professional Services Agreement City of Fort Worth and LSI,Inc. Page 13 of 18 6. Each session lasts 55 minutes with a break of 5-7 minutes between sessions. The breaks are decided according to the material. 7. The lunch break is around 12 noon and lasts for one half hour. Again,this break is decided according to the material. 8. Each student receives a 200-page workbook of lecture notes and guided reading material. 9. Each student receives the VIEW Questionnaire, an effective screening process for specific- suspicion cases, based on the SCAN technique. VIEW (Verbal Inquiry - the Effective Witness)presents the SCAN Technique in a ready-to-use form. 10. Each student receives a CD-ROM which includes: a. The LSI SCAN Newsletter Anthology. b. The VIEW Guidebook. C. The LSI SCAN Workshop Guidebook. d. Self-study manual. Professional Services Agreement City of Fort Worth and LSI,Inc. Page 14 of 18 THE LSI BASIC COURSE ON SCAN-SCHEDULE FIRST DAY 0800-0830 Introduction to Scientific Content Analysis(=SCAN). 0830-0900 Obtaining information as a flow of information. 0900-1000 Fulfilling expectations. 1000-1100 Obtaining information in the framework of authority. 1100-1200 Obtaining information as a verbal process +Writing a statement. 1200-1230 LUNCH BREAK 1230-1330 Introduction to breaking the subject's linguistic code=The Editing Process. 1330-1400 Obtaining information as dealing with personal history. 1400-1500 Characteristics of an open statement. 1500-1530 SCAN-Analysis of a statement- "social introduction". 1530-1630 SCAN -Analysis of a statement-pronouns. 1630-1730 SCAN-Analysis of a statement-other components. SECOND DAY 0800-0830 Discussion of the reading assignment. 0830-0900 The strategy of the interview. 0900-1000 The After-Interview phase = detection of deception by the subject's perception. 1000-1100 The VIEW Questionnaire. 1100-1130 Definition of deception. 1130-1200 Strategies in deception(exercise). Professional Services Agreement City of Fort Worth and LSI,Inc. Page 15 of 18 1200-1230 LUNCH BREAK THE LSI COURSE ON SCAN-SCHEDULE-PAGE 2 SECOND DAY(continued) 1230-1330 The "Missing Dog"strategy. 1330-1400 Tactics of deceivers. 1400-1430 Detecting deception-the test of pronouns. 1430-1530 Analyzing a statement in order to detect deception. (exercise - a sexual assault victim). 1530-1630 Characteristics of a deceptive statement. 1630-1730 Detecting deception-the test of structure. THIRD DAY 0800-0830 Discussion of the reading assignment. 0830-0900 Detecting deception-the test of language. 0900-1000 SCAN - summary; color coding; analysis of statements; writing a SCAN report. 1000-1100 Exercise(summary of all rules discussed in course). 1100-1130 Graduation; Deception in society. 1130-1200 LUNCH BREAK Professional Services Agreement City of Fort Worth and LSI,Inc. Page 16 of 18 THE LSI ADVANCED WORKSHOP ON SCAN Day One Schedule 1200-1300 Reviewing the guidelines which are used in a domestic violence murder case. Introduction of the color coding. 1300-1400 Murder case—Social introduction, pronouns, objective times. 1400-1500 Murder in a sex-related crime—The scale of anxiety, changes in language, the subject's history as reflected in the language. 1500-1600 An attempted abduction case—pronouns, subjective, a conversation reported in a statement. 1600-1700 A report of robbery—objective times, pronouns, social introduction. 1700-1730 Color coding instruction—murder case. Day Two Schedule 0800-0090 Review of the color coding. 0900-1000 Dealing with a transcript—isolating the actual statement inside the transcript,the test of commitment. 1000-1100 The three tests in detection of deception: pronouns, structure, and language. 1100-1200 Examination of key words;the equations in the subjective language. Discussion of the"Outside Issue" v.s. "Inside Issue". 1200-1230 LUNCH BREAK 1230-1330 Fraud in insurance case—changes in language, pronouns. 1330-1430 Murder in domestic violence—comparison from within of the same activity mentioned more than once inside the statement. 1430-1530 Objective times, changes in language, the scale of anxiety, out-of-sequence information= identifying the time of murder. 1530-1630 Sexual assault case—signals of deception, signals of memory. 1630-1700 Conclusion and graduation Professional Services Agreement City of Fort Worth and LSI,Inc. Page 17 of 18 EXHIBIT B 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: L" I-P ` d Position: L,S V t r k ` Signature Name: (C.e, Position: O F�'� ty"I t!��4 272 Signature Name: Position: Signature I Ir Name: / U Signature of President/CEO Other Title: p Date: Professional Services Agreement City of Fort Worth and LSI,Inc. Page 18 of 18