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HomeMy WebLinkAboutContract 50842 CITY SECRETARY CONTRACT 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 Jesus J. Chapa, its duly authorized Assistant City Manager, and DENNIS PARKER ("Contractor") a sole proprietor. For purposes of this Agreement, the term Contractor shall include Contractor, his authorized representatives, officers, employees, and instructors who provide services on Contractor's behalf. The term City shall include its authorized representatives, officers, employees, and directors. AGREEMENT DOCUMENTS The Agreement documents shall include the following: 1. This Professional Services Agreement; 2. Exhibit A—Scope of Services; 3. Exhibit B—Facilities Use Requirements; 4. Exhibit C—Verification of Signature Authority Form. Exhibits A. B and C, 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 or C 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"Defeating Deception in Interviews" ("Defeating Deception") training for up to one hundred(100)Fort Worth law enforcement personnel on June 27,2018("Services").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 June 27, 2018 at 11:59pm,unless terminated earlier in accordance with the terms of this Agreement. 3.0 COMPENSATION The maximum amount to be paid to Contractor by City for all services provided pursuant to or in relation to this Agreement shall not exceed two thousand six hundred dollars and zero cents ($2,600.00). Contractor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement unless City requests and approves in writing the additional costs for such services. City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless City first approves such expenses in writing. 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. �� ``Gy c�L OFFICIAL RECORD O ional Se Agreement Between CITY'EEC 'ARY Page 1 of 28 +� � ty df Fort �t d Dennis Parker P. 141 � � L0 4.0 CONSIDERATION City and Contractor expressly agree and stipulate that this Agreement is based on valuable consideration and an exchange of promises that will be independently beneficial to both parties. Specifically, Contractor agrees that the City will provide a benefit to Contractor by providing, both, the use of City facilities at no charge to Contractor for the services, as well as furthering Contractor's mission by educating other law enforcement departments and personnel on the type of threats handled by Contractor. Contractor has accepted this as valuable consideration for its performance of the services of this Agreement more fully described in Exhibit "A". Additionally, City agrees that the Contactor's services, as more fully described in Exhibit "A," will provide a benefit to City that City has accepted as valuable consideration. Both parties agree as a condition precedent to executing this agreement that the consideration is valuable and sufficient and that neither party shall be able to assert otherwise in the event of litigation. 5.0 TERNIINATION 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. 6.0 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 15 (fifteen) participants. If, the enrollment minimum is not met,the parties agree to confer in good faith regarding whether to reschedule or cancel the Services. Contractor will provide at least one (1) qualified instructor ("Instructor") for the training program who will facilitate the Services. Contractor agrees to provide each registered course participant with course materials and supplies pertinent to the subject areas to be covered. The City shall report training hours to the Texas Commission on Law Enforcement (TCOLE) for all participants who have a valid TCOLE PID number. Contractor must provide the City the following: Pre-Course: Instructor Biography(ies) Course Syllabus/Schedule Post-Course: Provide all participants with a certificate of completion to include: • Participant name • Course name • Course date Professional Services Agreement Between Page 2 of 28 City of Fort Worth and Dennis Parker • Total training hours 7.0 DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION 7.1 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. 7.2 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. 7.3 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. 8.0 ACCESS The access granted to Contractor pursuant to this Agreement shall be limited to the property defined as Premises in Section 1 of this Agreement. Contractor shall be escorted by a City employee at all times while on Premises. The City employee escorting Contractor must be authorized to access Criminal Justice Information Services ("CJIS") protected data. The parties acknowledge and understand that the Premises contain one or more areas where CJIS protected data is viewed, modified, and used. Furthermore, the parties acknowledge that Federal and State law set forth the access requirements for CJIS protected data. The parties agree to comply with all Federal and State law requirements regarding access to CJIS protected data. Contractor shall sign in and out at the front desk of Premises upon entry. Contractor shall carry a valid photo ID while on Premises. 9.0 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. Professional Services Agreement Between Page 3 of 28 City of Fort Worth and Dennis Parker 10.0 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. 11.0 LIABILITY AND INDEMNIFICATION 11.1 LIABILITY- CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE 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. 11.2 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 RES UL TING 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. 11.3 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 Professional Services Agreement Between Page 4 of 28 City of Fort Worth and Dennis Parker 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. 12.0 ASSIGNMENT AND SUBCONTRACTING 12.1 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. 12.2 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. 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. Professional Services Agreement Between Page 5 of 28 City of Fort Worth and Dennis Parker 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: 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: Dennis Parker 1131 Rose Lane Canyon Lake,TX 78133 Phone: (512) 825—7814 Dparker.texas@yahoo.com 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. Professional Services Agreement Between Page 6 of 28 City of Fort Worth and Dennis Parker 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 enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes. 22.0 HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 23.0 REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have had the opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits"A," "B"and"C." 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. Professional Services Agreement Between Page 7 of 28 City of Fort Worth and Dennis Parker 25.0 ENTIRETY OF AGREEMENT This Agreement, including Exhibits A, B and C contain the entire understanding and agreement between City and Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 26.0 COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 27.0 WARRANTY OF SERVICES Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (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 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"). The City acknowledges that a PowerPoint or other training material which is modified but not created solely for the purpose of presenting the training to the City does not constitute Work Product under this Agreement. Further, City shall be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to any 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 Professional Services Agreement Between Page 8 of 28 City of Fort Worth and Dennis Parker such Work Product, or any part thereof, is not considered a "work-made-for-hire" within the meaning of the Copyright Act of 1976, as amended, Contractor hereby expressly assigns to City all exclusive right, title and interest in and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret, and all other proprietary rights therein, that City may have or obtain, without further consideration, free from any claim, lien for balance due, or rights of retention thereto on the part of City. 30.0 SIGNATURE AUTHORITY The person signing this Agreement hereby warrants that he/she has the legal authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Contractor whose name,title and signature is affixed on the Verification of Signature Authority Form, which is attached hereto as Exhibit "C." Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 31.0 CHANGE IN COMPANY NAME OR OWNERSHIP Contractor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Contractor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation so may adversely impact future invoice payments. 32.0 PROHIBITION ON CONTRACTING WITH COMPANIES THAT BOYCOTT ISRAEL Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. (signature page follows) Professional Services Agreement Between Page 9 of 28 City of Fort Worth and Dennis Parker EXECUTED on this,the y of 2018. CITY OF FORT WORTH: DENNIS PARKER: By: J By: a1L►� Jesus J. Chapa Dennis Parker Assistant City Manager Sole Proprietor Date: "5r —/ e Date: APPR V RECOMMENDED BY: By: I--- JocZ. 41terald Chief of Police Date:OS—'m—19 APPROVED AS TO FORM AND LEGALITY: By: Thomas Royce Of FO/ Assistant City Attorney ATTE A By: Ma J.Kayse AS City Secretary(P 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. V'l OFFICIAL RECORD Officer J4mes Dunn— CITY SECRETARY FT-!NORTH,TX Fort Woyth Police Office Nt Professional Services Agreement Between Page 10 of 28 City of Fort Worth and Dennis Parker EXHIBIT A—SCOPE OF SERVICES Course Abstract Target Population: Licensed Peace Officers, Criminal Justice Professionals, Probation officers, Children's Protective and Adult Protective Agency workers Course Prerequisites: Experience as Police Oficer,new patrol officers, new or experienced detectives, Experience interviewing parties to a crime Instructor: Dennis Parker Time Allotted: 8 hours Student Equipment: Notepaper and writing instruments Instructor Equipment: 1_ Large whiteboard or butcher paper 2. Laptop or other computer 3. Projection monitor Goals: To prepare the students to become interviewers that are more effective by detecting and countering deception_ To educate students about Munchausen Syndrome by Proxy and how to interview a person with this behavioral disorder_ Date Prepared: 12101108 Date Revised: 08/03/17 Prepared and Revised By: Dennis Parker Professional Services Agreement Between Page 11 of 28 City of Fort Worth and Dennis Parker—Exhibit A Course Objectives Learning Objective 1: Students will be able to identify verbal and non-verbal deception indicators. Learning Objective 2: Students will be able to recognize the differences between stress of an interviewee who is guilty and stress due to fear, anger or nervousness. Learning Objective 3: Students will be able to recognize the differences between attitudes of deceptive and truthful people Learning Objective 4: Students will be able to counter verbal responses to interview questions that are indications of guilt Learning Objective 5:Students will be able to recognize proxemics and how it is a part of non-verbal communication Learning Objective 6:Students will be able to recognize Haptics and how it can affect non-verbal communication Learning Objective 7:Students will be able to recognize how Behavioral Analysis Interview questions can be useful in reducing the number of suspects Learning Objective 8: Students will recognize how and when the use of theme development is a viable interview method for obtaining confessions from guilty suspects. Learning Objective 9: Students will be able to recognize and identify Behavioral Analysis questions during an interview. Learning Objective 10: Recognize the indicators of Munchausen Syndrome by Proxy. Professional Services Agreement Between Page 12 of 28 City of Fort Worth and Dennis Parker—Exhibit A Lesson Plan I. Introduction A Motivational statement Interviewing suspects and victims is a daily part of law enforcement and case worker activity and is a crucial part of discovering facts about a allegations. Effective interviewing involves understanding when interviewees are being truthful and when they are being deceptive. Since the natural reaction to committing a crime often entails attempting to avoid prosecution it's equally important to understand how to properly motivate someone to provide an open and honest account about what happened and why_ Interviewing even guilty people does not have to become a hostile encounter in order to be effective_ Often the law enforcement officer or caseworker only gets one chance to talk to a suspect_ It is important to obtain a truthful account about the event being investigated. Professional Services Agreement Between Page 13 of 28 City of Fort Worth and Dennis Parker—Exhibit A II. Communication methods and verbal 1 non-verbal signs of deception A. Non-verbal communication is the most common communication method between people B. Speech(verbal communication) is a means of communicating and includes-- 1. ncludes_1. Language 2_ Accents 3. Colloquialisms 4_ Jargon 6_ Nomenclature 6. Terminology 7_ Proper use of language C. Understanding when verbal and non vernal communication are incongruent is important in understanding when someone is being deceptive D. Effective interviewing does not have to be confrontational to be effective E. How do we detemarne if these verbal responses are truthful or deceptive? (see slide) III. Bait Questions A_ Examples of bait questions include Il."If we were to check your phone records,would we find any calls made to (victim)?" 2."If we were to review the surveillance video at the stone,would it show you there at the time this credit card was used?" Professional Services Agreement Between Page 14 of 28 City of Fort Worth and Dennis Parker—Exhibit A IV. Involuntary anatomical responses to the stress of deception A. Anatomical reactions_ Being deceptive usually induces stress. Your body reacts to stress the same way no matter where the stress corms from- tf you were in a fight for your lite, arguing with someone about an important topic or trying to lie to your mom will all have the same physiological result_ Look for these reactions and if they occur unusually then your interviewee will probably be lying to you- 1_ Sweating palms, underarms 2_ Dry mouth 3_ Dry eyes 4_ Nervous energy b_ Lack of eye contact 6. Indigestion 7. Dilated pupils Stressful reactions The body reacts to stress the same way no matter the source The reactions involve: Body fluids Vision Cardio pulmonary Skeletal muscles Smooth muscles B. Non-Veribaals_ Non-verbal indicators are communications that occur while people are lying with the words they speak_ Those words are a conscious act and controllable to an extent_ Non-verbals are those things that accompany speech and are normally as much if not more reliable about the communication than the words themselves_ People tell the truth with these non-verbals because they are not normally conscious of them_ Non-verbal communicators fall into several categories-- Professional ategories=Professional Services Agreement Between Page 15 of 28 City of Fort Worth and Dennis Parker—Exhibit A 1_ Facial gestures 2 Paralinguistics 3. Proxemics 4_ Kinesics 5. Pupillometrics fi_ Oculesics 7_ Haptics C. Attitudes_ Attitude can be a very good indicator of a person's truth or deceptiveness_ The below attitudes are found in both cases: Some attitudes are generally seen in truthful people and others are predictably characteristics of deceptive people_ H Nervousness ■ Common at the beginning of an interview,truthful subjects become more relaxed as the interview goes on_ Deceptive interviewees become more nervous as the interview goes on E Anger ■ Truthful people will remain angry throughout the interview, anger may grow Deceptive people's anger is contrived and will dissipate as the interview continues E Fear ■ Similar to the changes involving nervousness. Truthful people will become less fearful and deceptive people will show increased fear as the interview continues Attitudes found in truthful people are: Open Cooperative Helpful Concerned Realistic Spontaneous/Direct Sincere Unyielding Attitudes of deceptive people are: Guarded Professional Services Agreement Between Page 16 of 28 City of Fort Worth and Dennis Parker—Exhibit A Reluctant Confusing Unrealistic Suggestive Hesitant Feigned politeness Evasive When to make assessments about deception or truth; Make assessments at three key points When the question is asked When the question is answered Up to 5 seconds after the question is answered D. Other gestures. Watch for other cues in non-verbal assessments such as body posture, body movement, supportive gestures and grooming gestures. Some of these gestures are identified as 'kinesics"and are a part of the human 'fight or flight"response. E. Verbal_ An immediate response is a sign of truthfulness. Liars are vulnerable and have to be careful to answer while gauging your acceptance and logging in mentally, what has been said for later recall_ Typical verbal responses when a person is being deceptive can be described as: a. Indirect answers b. Answers to questions not asked c_ Meandering answers d. Qualified answers (I believe, I think._) e. Swearing ("I swear that's the truth's f. Bolstering (I'm a good person, preacher,} g. Requests restatement of question h. Repeats the question i. Speaking in 3rd person 1. Avoiding contractions k. Debating the details I_ Telling too much m. Uses filler words Professional Services Agreement Between Page 17 of 28 City of Fort Worth and Dennis Parker—Exhibit A V. Behavioral Analysis Interviewing questions A M quesSons are useful in narrowing dowry a list of suspects by elirminahng people who provide non-deceptive answers and body age_ 1. Do you know why I'm interviewing you? 2_ Is there any reason why(your fingerprints might be on the bottom of the N stolen from Jack)? 3. Is there anyone you suspect of having committed this crime? 4. Is there anyone you can exclude from suspicion? 5. What should happen to a person who did this? 6_ Is there a good reason for something like this to have happened? 7_ Would this crime have been easy to commit? S_ If the focus of the investigation narrows down to you would you be willing to(voluntarily make restitution)? 9. Did you tell your family about this? 10. Did you ever think about(doing this)but didn't go through with it? 11. If we can identify who did this should he be given a second chance? 12- Would you be wining to take a polygraph about your involvement? 13. What do you think the results of the polygraph would be? Professional Services Agreement Between Page 18 of 28 City of Fort Worth and Dennis Parker—Exhibit A VI. Theme development; encouraging the truth- A. Theme development is the practice of creating a reason that the interviewee believes the interviewer finds acceptable for the event being investigated Since suspects are generally afraid of the consequences of beteg found responsible for a crime, the interviewer needs to find a `socially acceptable"reason for the interviewee's participation or commission of an act Often an act can be seen as acceptable(therefore admissible)instead of as a crime_ The interviewer should develop a theme that helps the interviewee explain away his or her actions even the thence is entirely fabricated by lire interviewer_ Some examples_ 1- Theft_ a. The interviewee did not intend to pennaneady deprive the owner of the object or cunmcy stolen and in fact was preparing to return the object or currency when the interview intervened. b. The interviewee has unusual reasons for the theft that would be acceptable by society, sick children,spouse,or parents naldng the theft absolutely necessary c. The interviewee was playing a practical Jobe on the owner. 2- Rape- a- The sexual intercourse was not forced and the interviewee was actually seduced by the accuser_ (Interviewer might encourage this theme by telling the interviewee that the victim attempted to seduce him as well-) b_ The interviewer was intoxicated at the time, encouraged by the victim and the physiological changes inherent in male arousal caused his brain to not function nominally, he has a disorder that prevents him from thinking dearly under those circumstances- 3. Assault_ a- The victim has a history of being combative and probably threatened the interviewee on another occas; interviewee was merely defending himself from a perceived imminent threat_ b. (Other—from the class) Professional Services Agreement Between Page 19 of 28 City of Fort Worth and Dennis Parker—Exhibit A VII. Indicators of Munchausen Syndrome by Proxy The course case study provides an intimate view of how MSBP manifests, early indicators or factors that can help with diagnosis and when to suspect the behavior_ VIII. Symptoms of Munchausen Syndrome by Proxy H In 1995, the DSM-IV included a definition for factitious disorder by proxy, which is now the accepted psychiatric category for MSBP. The definition includes the following: ■ Intentional production or feigning of physical or psychological signs or symptoms in another person who is under the individual's cane_ ■ The motivation for the perpetrator's behavior is to assume the sick role by proxy- ■ External incentives for the behavior, such as economic gain, avoiding legal responsibility, or improving physical well-being, are absent H Munchausen Syndrome by Proxy R MSBP perpetrators are usually mothers_ F] MSBP perpetrators usually present initially as"normal", "good"caretakers_ H MSBP perpetrators are usually accomplished Ears, deceivers, and manipulators- and extremely believable,convincirx,f, and superb in their ability to give seemingly plausible reasons for their behavior_ H MSBP perpetrators know what they are doing_They are not simply overanxious, overprotective caretakers_ MSBP perpetrators may have extensive health care knowledge-or they may not_ R MSBP perpetrators usually deny all or part of the maltreatment they have perpetrated-even when there is extensive evidence_ R MSBP perpetrators do not usually stop their MSBP behavior when they are suspected or caught- but the behavior may change_ R Munchausen Syndrome by Proxy El MSBP perpetrators may add or change health care providers,or"doctor shop"- or they may riot MSBP perpetrators may have"nominal"mental health evaluations-or there may be identified mental health pathology. 0 MSBP perpetrators may have a history of symptorrfillness falsification with regard to themselves_ MSBP perpetrator-victim dynamics usually initially appear good-even excellent_ R MSBP perpetrators often have no prior child protection agency involvement_ H MSBP perpetrators should be considered even more dangerous once they believe they are suspected_ R MSBP perpetrators use their victims as objects in trying to satisfy internal needs through the attention they receive from having a child with"problems"_These needs are much more important to them than the needs of their victims. External gain may also be present Professional Services Agreement Between Page 20 of 28 City of Fort Worth and Dennis Parker—Exhibit A F] MSBP perpetrators may seek attention from a variety of people-professionals and non-professionals. 0 Munchausen Syndrome by Proxy F] Illness is multi-systemic, prolonged, unusual, or rare_ R Symptoms are inappropriate or incongruent. H Patient has multiple allergies. F] Symptoms disappear when parent or caretaker is absent. El In children, one parent, usually the father, is absent during hospitalization_ R History of sudden infant death syndrome in siblings is noted. H Parent is c vedy attached to patient. H Patient has poor tolerance of treatment(e-g,frequent vomiting, rash, problems with intravenous lines)_ H General health of patient clasps with resutts of laboratory tests. H Parent shows inordinate concern for feelings of the medical staff. F] Seizure activity is unresponsive to anticonvulsants and is witnessed only by parent or caretaker: H MSBP perpetrators may have a"dramatic flair"or be involved in exciting or dramatic events. IX. Example of theme development in successful interview of murder suspect. The interview to be shown is one of a female suspected of murdering 2 of her children and attempting to murder a third. The instructor conducted the interview and will explain how the interview took place_ Synopsis of the case is as follows: This case began after notification that a dependent child of a military member had been treated and released from the hospital following his near death from what had been diagnosed as SIDS_ Upon further review the investigator discovered that 2 other children in that same family had died, both diagnosed as SIDS deaths. One of those deaths had occurred in the same jurisdiction 2 years earlier and not investigated by law enforcement. The first death in this family occurred 5 years earlier in Hawaii and not investigated as a criminal event In the instant investigation,neither spouse nor medical personnel had made allegations nor was there evidence of criminal wrongdoing_ There was no evidence that either spouse was responsible for the previous deaths nor were there any signs either death was homicide. The only way to resolve this case was to interview the parent most likely to have been culpable in the death (if not a SIDS death)_ Identifying which parent was probably responsible became easier after the mother of the children made a false allegation of assault and attempted rape. During a background investigation into Professional Services Agreement Between Page 21 of 28 City of Fort Worth and Dennis Parker—Exhibit A her personality and habits, suspicion grew and ideas for a successful themed interview began to take shape. The interview place and circumstances were carefully planned out by the interviewer.The interview culminated with enough evidence from her statement to warrant prosecution and ultimately 2 convictions. After hearing the full circumstances of this case students will discuss what themes might be used in a case like this one_ Videotaped interview played, discussion to follow_ (Approx 60—90 minutes with discussion) Professional Services Agreement Between Page 22 of 28 City of Fort Worth and Dennis Parker—Exhibit A EXHIBIT B FACILITIES USE REQUIREMENTS FOR THE BOB BOLEN PUBLIC SAFETY COMPLEX 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 "Defeating Deception in Interviews"training("Services") 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 beginning at 7:00 am on June 27, 2018, and ending that same day at 5:00 pm, Central Standard Time. 2.3 In the event of a change in hours or availability of the Premises, such change shall not give rise to any claim against the City by the Contractor, whether for lost profits, cost, overhead, or otherwise. 2.4 Contractor may bring onto the Premises any equipment reasonably necessary to further the intended use of the Premises. 2.5 Contractor may not use any part of the Premises for any use or purpose that violates any applicable law, regulations, or ordinance of the United States, the State of Texas, the County of Tarrant, or the City of Fort Worth, or other lawful authority with jurisdiction of the Premises. Professional Services Agreement Between Page 23 of 28 City of Fort Worth and Dennis Parker—Exhibit B 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 3.1 Holdover Tenancy. Unless terminated earlier pursuant the terms of this Agreement, this Agreement will expire without further notice when the Term expires. Any holding over by Contractor after the Term expires will not constitute a renewal of the Agreement or give Contractor any rights in or to the Premises, except as a tenant at will. 4.0 DUTIES AND RESPONSIBILITIES 4.1 In addition to any other duties and responsibilities set forth in this Agreement, Contractor shall: 4.1.1 Ensure that all Program Participants and any other individual using the Premises comply with any and all policies, rules, and regulations governing the use of the Premises. The City will provide a copy of any such policies,rules, and regulations within a reasonable time after request by the Contractor. 4.1.2 Contractor and Program Participants shall not remain in the Premises beyond the Contractor's approved hours, except in instances of eminent danger to the Program Participants, severe weather conditions, emergencies declared by the City and other situations determined in the sole discretion of the City. 4.1.3 Notification of changes to Program schedules, including cancellation but excluding emergencies or Force Majeure Events, must be provided to the City within 24 hours prior to schedule start time. In case of emergency or Force Majeure Events, the Contractor must notify the City promptly upon learning of such emergency or Force Majeure Events. 4.1.4 NOT USE THE PREMISES FOR ANY PURPOSE NOT SET FORTH IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CONDUCTING ANY UNAUTHORZED BUSINESS. 4.1.6 Report any maintenance or repair needs to the City as soon as practicable. 4.1.7 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages at the Premises. Contractor agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. Contractor shall place language in its contracts with contractors and subcontractors that contractors shall notify City as required by Contractor in this subsection. Professional Services Agreement Between Page 24 of 28 City of Fort Worth and Dennis Parker—Exhibit B 4.1.12 While City will commission and oversee all repairs, Contractor will reimburse City for any repairs that are made for any damage that occurs during Services hours. 4.1.15 City will provide Contractor with necessary keys and security codes for access to the Premises. 4.1.16 Contractor will notify City immediately if the security of the Premises is compromised. 4.2 The City will: 4.2.1 Furnish the necessary existing utilities and electrical power available at the Premises for the ordinary and intended use of such, which includes lighting, heat and air conditioning, and water. City shall not be liable or responsible for accidents or unavoidable delays. 4.2.2 Ensure the Premises is suitable for their intended purpose. 4.2.4 Ensure the Premises is ready for set up by Contractor in accordance with any reasonable requests of the Contractor. 5.0 LIENS 5.1 Contractor shall do no act or make any contract that may create or be the foundation for any lien upon or interest in any City property. Any such contract or lien attempted to be created or filed shall be void. Should any purported lien on City property be created or filed, Contractor, at its sole expense, shall liquidate and discharge the same within ten(10) calendar days after notice from the City to do so. Should Contractor fail to discharge the same, such failure shall constitute a breach of this Agreement, and the City shall have the right to terminate this Agreement immediately. However, Contractor's financial obligation to City to liquidate and discharge such lien shall survive following termination of this Agreement and until such a time as the lien is discharged. 6.0 CARE OF THE 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 good or better condition as it existed at the beginning of the Services or schedule time set forth in this Agreement and in which Contractor found them. 6.2 Contractor will not do or permit to be done any injury or damage to the Premises, or any part thereof, or permit to be done anything that will damage or change the finish or appearance of the Premises or the furnishings thereof or any other property belonging to the City by the erection or removal of equipment or any other improvements, alterations or additions. No decorative or other materials shall be nailed, tacked, screwed or otherwise physically attached to any part of the Premises, or to any of the furnishings or fixtures of the City without the prior written consent of the City. Professional Services Agreement Between Page 25 of 28 City of Fort Worth and Dennis Parker—Exhibit B 6.3 Subject to ordinary wear and tear, Contractor will pay the costs of repairing any damage that may be done to the Premises or any of the fixtures, furniture or furnishings by any act of Contractor or any of Contractor's officers, representatives, servants, employees, agents, Program Participants, or anyone visiting the Premises upon the invitation of the Contractor. The City shall determine, in its sole discretion, whether any damage has occurred, the amount of the damage and the reasonable costs of repairing the damage, and whether, under the terms of this Agreement,the Contractor is responsible. City shall be the sole judge of the quality of the maintenance and/or damage of the Premises, furnishings, fixture or furniture by the Contractor. The costs of repairing any damage to the Premises shall be immediately due and payable by the Contractor upon Contractor's receipt of a written invoice from City. 6.4 Subject to the prior written consent of the City, Contractor may place any signs within the Premises necessary to indicate Contractor's name and location. Any sign shall be prepared and installed by the Contractor, at the sole cost of Contractor, in accordance with applicable rules and regulations of the City and in keeping with the Premises' decor. Any special requirements of Contractor contrary to the above must be made a part of this Agreement by written amendment. 7.0 FORCE MAJEURE 7.1 If either party is unable, either in whole or part,to fulfill its obligations under this License due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crisis; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States Department of Homeland Security or any equivalent alert system that may be instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosion; or some other reason beyond the Party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its Premises, parks, or other City-owned and operated properties and facilities in the interest of public safety and operate them as the City sees fit. Contractor hereby waives any claims it may have against the City for damages resulting from any such Force Majeure Event. 8.0 RIGHT OF ENTRY AND INSPECTION 8.1 In providing use of the Premises by Contractor, City does not relinquish the right to control the management of the Premises, or the right to enforce all necessary and proper rules for the management and operation of the same. After receiving notice by City, Contractor must permit City or its agents, representatives, or employees to enter the Premises for the purposes of inspection; determining whether Contractor is complying with this Agreement; maintaining,repairing, or altering the Premises; or any other reasonable purpose. During any inspection, City may perform any obligations that City is authorized or required to perform under the terms of this Agreement or pursuant to its governmental duties under federal state or local laws, rules or regulations. In the event of an emergency, no advance notice from City is required. Professional Services Agreement Between Page 26 of 28 City of Fort Worth and Dennis Parker—Exhibit B 9.0 LICENSES AND PERMITS 9.1 Contractor shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations. 10.0 ADDITIONAL DUTIES UPON TERMINATION In addition to the duties described in the Agreement, Contractor shall comply with the following upon termination or expiration of the Agreement: 10.1 Prior to the effective date for expiration or termination of the Agreement, Contractor shall promptly remove all of its personal property; provided, however, Contractor shall not be obligated to remove any fixtures. Contractor shall also repair any damage to the Premises that occurred during Contractor's use of the Premises, including, but not limited to, any damage that Contractor causes during removal of Contractor's property, to the reasonable satisfaction of the City. 10.2 If Contractor fails to comply with its obligations in this Section, City may, at its sole discretion, (i) remove Contractor's personal property and otherwise repair the Premises and invoice Contractor for City's costs and expenses incurred, such invoice to be due and payable to City within thirty (30) calendar days of its delivery to Contractor; or (ii) following no less than thirty (30) calendar days prior written notice to Contractor, take and hold any of Contractor's personal property as City's sole property; or (iii) pursue any remedy at law or in equity available to City. If Contractor fails to surrender the Premises to City following termination or expiration, all liabilities and obligations of Contractor hereunder shall continue in effect until such is surrendered. 10.3 Upon termination, all funds owed to the City shall be due and payable by the tenth (10th) calendar day after the effective date of termination. 11.0 ACCESS 11.1 Contractor will only use areas of the Premises that are approved in advance by City. 11.2 Contractor will assure that Program Participants adhere to the Services hours set forth in the Agreement. Earlier access may only be granted by arrangement. 11.3 Program Participants will not be allowed to congregate or loiter in front of the main entrance of the Premises or in the parking lot prior to 8:00 am or after 5:00 pm. Professional Services Agreement Between Page 27 of 28 City of Fort Worth and Dennis Parker—Exhibit B EXHIBIT C 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: � 4—^e%%I Position: 5 p 14— )OC-,D r'r-e,'f��e- � La K Signature Name: Position: Signature Name: Position: Signature Name: Signature of President/CEO Other Title: Date: / A 210 IV Professional Services Agreement Page 28 of 28 City of Fort Worth and Dennis Parker—Exhibit C