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HomeMy WebLinkAboutContract 54287 CSC No. 54287 PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT This PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT("Agreement")is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation, acting by and through Jesus J. Chapa, its duly authorized Deputy City Manager, and JOHN E.REID AND ASSOCIATES,INC.,("Contractor"),acting by and through Joseph Buckley 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—Rental Fees and Policies 4. Exhibit C—Facilities Use Requirements; 5. Exhibit D—Verification of Signature Authority Form. Exhibits A,B,C and D which are attached hereto and incorporated herein,are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A,B,C or D and the terms and conditions set forth in the body of this Agreement,the terms and conditions of this Agreement shall control. 1.0 SCOPE OF SERVICES Contractor will conduct"The Reid Technique of Investigative Interviewing and Advanced Interrogation Techniques" training ("REID Training") for law enforcement personnel. The Contractor will conduct one training session of four days.The session will begin on October 13,2020,and end on October 16,2020. Each day,Contractor shall provide training from 8:00 am to 4:00 pm,Central Time.Contractor shall,in accordance with the terms of this Agreement,be allowed use of Classroom 1134 at the Bob Bolen Public Safety Training Complex located at 511 W. Felix Street,Fort Worth, Texas 76115 ("Premises") in providing the Services to both City and outside,non-City law enforcement personnel.The scope of services to be provided by Contract is further described in Exhibit A. 2.0 TERM This Agreement shall become effective upon execution by both parties and shall expire on December 31,2020 at 11:59pm,unless terminated earlier in accordance with the terms of this Agreement. 3.0 CONSIDERATION 3.1 Facility Use Fee The standard prescribed fee for the use of the Premises,as listed in Exhibit B of this Agreement,is an amount of Four Hundred and Seventy-Five Dollars ($475.00)per day, which equates to an amount of One Thousand and Nine Hundred Dollars($1,900.00)for the Four-day session and a total under the Agreement of Professional Services Agreement OFFICIAL RECORD CoFW and Reid&Associates,Inc. CITY SECRETARY Page 1 of 37 FT. WORTH, TX One Thousand and Nine Hundred Dollars($1,900.00)("Facility Use Fee"). 3.2 Enrollment Fee The standard fee that Contractor charges for the REID Training is Five Hundred and Seventy Five Dollars($575.00)per student for a four-day session("Enrollment Fee"). Under no circumstances shall City be held liable for the Enrollment Fees of any attendee of the training who is not an employee of the City. 3.3 Exchange of Value In lieu of a cash exchange,City and Contractor agree that as consideration for the use of the Premises listed above by Contractor for the training of no more than twenty-seven(27)outside,non-City law enforcement personnel, Contractor will provide the City with three (3) no-cost enrollments for the session of the REID Training. Contractor and City agree that the provision of these enrollments to the City without the Enrollment Fee represents fair and equitable consideration for the Facility Use Fee described above. 3.4 Consideration for Additional Outside Attendees. In the event that more than Twenty Seven(27)outside,non-City law enforcement personnel enroll in a session, Contractor shall provide City with additional consideration in the form of one additional no-cost enrollment for that session for every additional five(5)outside,non-City enrollees. 4.0 TERMINATION 5.1. 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,however Contractor will be subject to the cancellation fees listed in Exhibit B of this Agreement. 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. Contractor will provide at least one(1)qualified instructor("Instructor")for the training program who will facilitate the Services. Contractor agrees to provide each registered course participant with course materials and supplies pertinent to the subject areas to be covered. Contractor is not required to report training hours to the Texas Commission on Law Enforcement Professional Services Agreement CoFW and Reid&Associates,Inc. Page 2 of 37 (TCOLE)for all participants. The City shall report training hours to the Texas Commission on Law Enforcement(TCOLE) for all City of Fort Worth participants who have a valid TCOLE PID number.The Contractor must provide the following information to the City: • Instructor Biography(ies) • Course Syllabus/Schedule Contractor must provide certificates of completion within seventy-two (72) hours of the City's submittal of the final roster. Certificate of completion to include: • Participant Name • Course Name • Course Date • Total Training Hours 6.0 DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION 6.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing. 6.2 Confidential Information. Contractor, for itself and its officers, agents and employees, agrees that it shall treat all information provided to it by City("City Information")as confidential and shall not disclose any such information to a third party without the prior written approval of City. 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 ASS 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 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. Professional Services Agreement CoFW and Reid&Associates,Inc. Page 3 of 37 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 subcontractors of Contractor. Neither Contractor,nor any officers,agents,servants, employees or subcontractors of Contractor shall be entitled to any employment benefits from City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants,employees or subcontractor. 10. LIABILITY AND INDEMNIFICATION 10.1 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. 10.2 GENERAL INDEMNIFICATION— TO THE FULL EXTENT ALLOWED BYLAW, CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY,HOLD HARMLESS AND DEFEND CITY,ITS OFFICERS,AGENTS,SERVANTSANDEMPLOYEES,FROMANDAGAINST ANYAND ALL CLAIMS OR LAWSUITS OFANYKIND 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 Professional Services Agreement CoFW and Reid&Associates,Inc. Page 4 of 37 PERSONAL INJURY,INCLUDING DEATH, TO ANY AND ALL PERSONS,ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CA USED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 10.3 Certain uses on the Premises will require individual waivers from each participant. In addition, individual parental waivers will be required for youth events. All waivers must be submitted fourteen (14) calendar days prior to the event. City is not responsible for any damages, injuries, or death related to use of the Premises. Contractor is required to have a pre- and post- walkthrough with City staff, including Facility administrative staff and an IT Liaison (as required) for each event.If applicable,a list of damages discovered on the post-walkthrough and afterward will be submitted to the Premises' administrative office and Contractor shall be subject to payment for the damages as required herein. 10.4 INTELLECTUAL PROPERTY INDEMNIFICATION—Contractor agrees to defend, settle, or pay, at its own cost and expense, any claim or action against City for infringement of any patent, copyright, trade mark, trade secret, or similar property right arising from City's use of the software and/or documentation in accordance with this Agreement, it being understood that this agreement to defend, settle or pay shall not apply if City modifies or misuses the software and/or documentation. So long as Contractor bears the cost and expense of payment for claims or actions against City pursuant to this section, Contractor shall have the right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however,City shall have the right to fully participate in any and all such settlement, negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate with Contractor in doing so.In the event City,for whatever reason,assumes the responsibility for payment of costs and expenses for any claim or action brought against City for infringement arising under this Agreement, City shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise and to settle or compromise any such claim; however, Contractor shall fully participate and cooperate with City in defense of such claim or action. City agrees to give Contractor timely written notice of any such claim or action,with copies of all papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of payment of costs or expenses shall not eliminate Contractor's duty to indemnify City under this Agreement. If the software and/or documentation or any part thereof is held to infringe and the use thereof is enjoined or restrained or,if as a result of a settlement or compromise,such use is materially adversely restricted,Contractor shall,at its own expense and as City's sole remedy,either: (a)procure for City the right to continue to use the software and/or documentation; or (b) modify the software and/or documentation to make it non-infringing, provided that such modification does not materially adversely affect City's authorized use of the software and/or documentation; or (c) replace the software and/or documentation with equally suitable, compatible, and functionally equivalent non- infringing software and/or documentation at no additional charge to City; or (d) if none of the foregoing alternatives is reasonably available to Contractor terminate this Agreement, and refund all amounts paid to Contractor by City, subsequent to which termination City may seek any and all remedies available to City under law. Professional Services Agreement CoFW and Reid&Associates,Inc. Page 5 of 37 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. (d) Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. Professional Services Agreement CoFW and Reid&Associates,Inc. Page 6 of 37 (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: 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: John E. Reid and Associates, Inc. 209 W.Jackson Blvd., Suite 400 Chicago, IL 60606 Phone: (312) 583-0700 Professional Services Agreement CoFW and Reid&Associates,Inc. Page 7 of 37 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 maieure 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, epidemics or pandemics, material or labor restrictions by any governmental authority, transportation problems, restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any States, civil disturbances, other national or regional emergencies, and/or any other similar cause not enumerated herein but which is beyond the reasonable control of the Party whose performance is affected (collectively"Force Maieure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindrance, provided the affected Party provides notice of the Force Maieure Event, and an explanation as to how it hinders the Party's performance, as soon as reasonably possible, as determined Professional Services Agreement CoFW and Reid&Associates,Inc. Page 10 of 37 in the City's discretion, after the occurrence of the Force Maieure Event. The form of notice required by this section shall be the same as section 15 above. 22.0 HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement,and are not intended to define or limit the scope of any provision of this Agreement. 23.0 REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have had the opportunity to review and revise this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits "A," "B," "C"and"D" 24.0 AMENDMENTS/MODIFICATIONS/EXTENSIONS No amendment,modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is executed by an authorized representative of each party. 25.0 ENTIRETY OF AGREEMENT This Agreement,including Exhibits A,B,C and D contain the entire understanding and agreement between City and Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 26.0 COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. 27.0 WARRANTY OF SERVICES Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards.City must give written notice of any breach of this warranty within thirty(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 (1-9). 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 Professional Services Agreement CoFW and Reid&Associates,Inc. Page 10 of 37 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 "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, Professional Services Agreement CoFW and Reid&Associates,Inc. Page 10 of 37 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. Professional Services Agreement CoFW and Reid&Associates,Inc. Page 10 of 37 EXECUTED on this,the_clay of }2020. CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration Jesus J.Chapa(Aug 13,202014:34 CDT) of this contract, including ensuring all performance By: Name: Jesus J. Chapa and reporting requirements. Title: Deputy City Manager Date. sasha Kane(Aug10,202013:27 CDT) By: APPROVAL RECOMMENDED: Name: Sasha Kane Title: Sr.Contract Compliance Specialist �d Kraus APPROVED AS TO FORM AND LEGALITY: Edwin Kraus(Aug 13,2020 0752 CDT) By. Name: Edwin Kraus Title: Chief of Police 4gvvpn B Tay aris(Aug 13,202014:31 CDTJ ATTEST: p s oo o�oR�° o�od Name: Taylor Paris oo o Title: Assistant City Attorney Pv8o g=d ��� dd�dT EXASopp CONTRACT AUTHORIZATION: naaoo4 By: M&C: Name: Mary J.Kayser Title: City Secretary JOHN E.REID AND ASSOCIATION By: Jos Bu ey ident Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A—SCOPE OF SERVICES John E. Reid & Associates Inc. 209 VV Jackson Blvd Suite 400 Chicago IL 60606 312-583-0700 800-255-5747 LESSON PLANS AND OBJECTIVES Course Title: "The Reid Technique of Investigative Interviewing and Advanced Interrogation TechniquesO" Total Hours: 4-day seminar—24 hours DAY 1,AM 3 HOURS Introduction I. Course Purpose A. Provide the finest training available on interviewing and interrogation II. Course Objectives A. Provide the fundamentals necessary to conduct a proper interviewand interrogation B. To provide a structured frame of reference for those interviewers who have some experience but also may not have had any formal training in the area. C. Improve the efficiency of all participants in obtaining the truth from suspects, witnesses and victims in a legally acceptable manner III. Course Content Overview IV. Distinguishing between interviews and interrogations A. Interviews trying to determine whether suspect committed issue under investigation i Professional Services Agreement CoFW and Reid&Associates,Inc. Page 12 of 37 B. Interrogation - reasonably sure suspect committed issue under investigation and trying to get them to admit it. V. Legal Aspects of Interviewing and Interrogation (16 page supplement to be used by students as homework assignment) A. Miranda B. Confession voluntariness C. Legal status of trickery and deceit D. Accusatory confrontation VI. What makes an excellent interviewer/Interrogator VII. Room Setting —haw to set up the interview/ interrogation room to make it more conducive to reading behavior and eliciting information BEHAVIOR SYMPTOM ANALYSIS I. Introduction A. Definition I. Verbal 2. Paralinguistic 3. Non-verbal B. How to use behavior symptoms during interviews and interrogations. C. 5 Principles of behavior symptom analysis. II. External factors influencing behavior symptoms Professional Services Agreement CoFW and Reid&Associates,Inc. Page 13 of 37 A. How important is issue to suspect? B. What types of suspect are you dealing with? C. Nature of the issue under investigation and howthat may affect the subject's behavior. D. Control over the suspect DAY 1: PM 3 HOURS III. Internal factors influencing behavior A. Intelligence B. Emotional stability C. Juveniles D. Cultural differences E. Medical IV. Manner of observation and evaluating behavior symptoms—the fundamental rules to follow to accurately interpret a suspects behavior BEHAVIORAL ATTITUDES A. Attitudes common to both truthful and deceptive suspects B. Attitudes common to Truthful Suspects C. Attitudes common to Deceptive Suspects Professional Services Agreement CoFW and Reid&Associates,Inc. Page 14 of 37 POSTURES Non-verbal behavior symptoms indicative of truth or deception I. Body Postures A. Truthful B. Deceptive II. Gestures and movements indicative of deception A. Deceptive try to retreat from threatening situations B. Physical activities to reduce tension associated with lying 1) Posture changes 2) Personal & grooming gestures 3) Protective gestures 4) External gestures III. Facial expressions—provide help identifying the emotional state of the subject IV. Eye contact End of Day 1 a Professional Services Agreement CoFW and Reid&Associates,Inc. Page 15 of 37 ❑AY2:AM3HOURS VERBAL BEHAVIOR SYMPTOMS INDICATIVE OF TRUTH OR DECEPTION I. Four basic Principles of verbal behavior symptoms II. Thirteen Guidelines for distinguishing between truthful and deceptive verbal responses PARALINGUISTIC BEHVIOR SYMPTONS I. Significance of paralinguistic communication II. Four basic guidelines for evaluating paralinguistic behavior BAITING TECHNIQUE I. The baiting technique is a non-accusatory question asked during the Interview in which the interviewer implies the possible existence of incriminating evidence for the purpose of enticing the subject to change or consider changing a previous statement. A. Procedures 1. Obtain appropriate commitment 2. Establish credibility of bait question 3. Explanation of real or fictitious evidence 4. Introductory phrases 5. Face saver B. Specific use of baiting technique to break suspect's alibi C. Additional baiting suggestions for unique investigations Professional Services Agreement CoFW and Reid&Associates,Inc. Page 16 of 37 BEHAVIOR ANALYSIS INTERVIEW I. Preparation prior to the interview A. Factual Analysis B. Gathering and analyzing the facts C. "Subject Information Sheet" -work form to profile characteristics of criminal behavior D. ❑ecis1ons prior to conducting the interview E. Preparing the suspect for the interview F. Determining the sequence of the interviews II. BEHAVIORAL ANALYSIS INTERVIEW QUESTIONS (A non-accusatory interview in which a structured set of questions are asked, some of which are for the purpose of eliciting verbal and non-verbal behavior indicative of truth or deception) III. Benefits of conducting the interview prior to any interrogation DRY 2: PM 3 HOURS IV The structure of the interview—Types of questions asked in the interview 1. Non-threatening questions 2. Investigative questions 3. Behavior provoking questions 1. Reason for interview 6 Professional Services Agreement CoFW and Reid&Associates,Inc. Page 17 of 37 2. History[You 3. Suspicion of others 3A. Suspicion (anyone name you) 4. Vouch for others 4A. Vouch for you 5. Attitude E. Credibility 5A. Credibility (if suspect has been accused) 7. Opportunity 8. Motive 9. Think 10. Objection 11. Punishment 12. Investigative results 13. Second chance 14. Alibi - Details 15. Baiting techniques (Non-accusatory question where interviewer implies possible existence of incriminating evidence for purpose of enticing the suspect) V. OPTIONAL INTERVIEW QUESTIONS 1. Any reason someone would name you 2. Who do you think would eliminate you Professional Services Agreement CoFW and Reid&Associates,Inc. Page 18 of 37 3. Have you ever been questioned before (regarding this issue) 4. Has anyone ever approached you 5. Have you ever borrowed... 5. Do you think (other agency) should get involved in investigation 7. What percentage of people do you think(issue) 8. What would be the easiest way for a person (issue) 9. Would a financial audit would it reveal and large purchases etc. 10. If you did this would you tell me? 11. Circumstances question 12. Understand question 13. Discipline question 14. Control question VI Interview evaluation procedures— Interview tabulation sheet End of Day 2 DAYS:AM 3 HOURS PREPARATION PRIOR TO THE INTERROGATION A. Additional insight from behavior provoking questions B. Gain additional insight for the interrogation by identifying what consequence's the suspect fears most. Also identify the suspect's perception regarding the flexibility of the perceived consequence. Professional Services Agreement CoFW and Reid&Associates,Inc. Page 19 of 37 Step 1 DIRECT POSITIVE CONFRONTATION A. "I have in this file the results of our investigation into the (issue). The results of the investigation clearly indicate that you are the person who (issue)." B. Behavioral pause to assess the verbal and non-verbal reaction C. Transition -'I want to spend some time with you to see if we can get this thing straightened out' D. Alternative Confrontation approach: "Based on the results of your interview it indicates you have not told me the whole truth about the(incident)." Step 2 THEME DEVELOPMENT A. In a monologue the interrogator proposes to the suspect reasons and motives that will serve to morally justify or excuse the suspect's criminal behavior. B. Principles of theme development 1. Basic rule underlying interrogation —the need to let the suspect 'save face' 2. The need to `shift the blame' from the suspect to someone or something for the crime 3. The importance of contrasting what the suspect did to something worse 4. Display empathy C. The theme is developed as to why the suspect committed the act, not if he committed the act. D. Legal considerations E. The suspect's behavior indicates the correct theme F. Determine the need the suspect was trying to satisfy 9 Professional Services Agreement CoFW and Reid&Associates,Inc. Page 20 of 37 1. Real Need Crimes 2. Life-Style Need Crimes 3, Impulse Need Crimes 4. Esteem Need Crimes Discussion of Interrogation Themes for the following types of crimes; 1. EMPLOYEE THEFT 2. EMBEZZLEMENT 3. PAYING AND RECEIVING BRIBES 4. CREDIT CARD, CHECK FRAUD 5, IDENTITY THEFT, COUNTERFEITTING 6, BURGLARY/ ROBBERY 7. INSURANCE FAUD 8. SHOPLIFING DRY3: PM 3 HOURS 9, RAPE 1 CRIMINAL SEXUAL ASSAULT 1 HARASSMENT 10. FLASE CLAIMS OF RAPE, ABDUCTION, PHYSICAL ASSAULT, SEXUAL HARASSMENT 11. SEXUAL CHILD ABUSE 12. ARSON 13. PHYSICAL CHILD ABUSE 14. HOMICIDE 1 ASSAULTS 15, RECKLESS HOMICIDE 16. DRUG SALES 17. PURCHASE OR POSSESION OF DRUGS 18. USE OF DRUGS DURING WORK 19. DEVELOPING SELLER'S NAME G. Third Person Themes 1. Proper time to use third person themes 2. Development of third person themes and personal stories iu Professional Services Agreement CoFW and Reid&Associates,Inc. Page 21 of 37 3. Third person themes about friend 1 family member 4. Third person themes about previous case 5. Third person themes about a news event 6. Dialogue in developing third person themes H. General principles to remember regarding theme development End of Day 3 DA Y 4_ A M 3HOURS Step 3 HANDLING DENIALS A. Objectives B. Significance of denials at different stages of the interrogation C. Telltale introductions of denials Many deceptive suspects introduce their denials with permission phrases- "Can I say one thing?"; "Just let me explain. . . ."; "But. . . ." B. Discouraging weak denials from being voiced The interrogator, using verbal statements and nonverbal gestures, interjects before the words, "I didn't do it" are voiced. C. Responding to denials that are voiced ❑. Handling truthful denials—Stepping down the interrogation E. Handling deceptive denials F. Addressing the suspect's verbal challenges G. Addressing specific denials Professional Services Agreement CoFW and Reid&Associates,Inc. Page 22 of 37 H. Responding to the suspect's request to see evidence I. Introducing evidence during the interrogation J. Tactics to gain the suspect's trust and change the suspects perception DAY 4: PM 3HO URS Step 4 OVERCOMING OBJECTIVES A. Definition-An objection is a statement or reason that is offered to allegedly prove that an accusation is false- "I don't even own a gun" (in an armed robbery case). Normally offered by only the guilty B. Recognizing the Objection; Introductory phrases are used to indicate an objections: "that's impossible"; "That's ridiculous"; "I couldn't have done that". C. Use of the objection to develop a theme: When the objection follows, use statement of agreement or understanding, and use the objection as a support for your themes D. Handling logical challenges E. Common objections heard during the interrogation Step 5 PROCUREMENT AND RETENTION OF SUBJECT'S ATTENTION A. Psychological Significance; the suspect is on the defensive, may withdraw, and focus their thoughts on punishment. B. Behavioral signs of psychological withdrawal 12 Professional Services Agreement CoFW and Reid&Associates,Inc. Page 23 of 37 C. General procedure to captivate the suspect's interest; Interrogator attempts to regain the subject's attention by intensifying the theme and by establishing physical closeness. D. Procedures to get the suspect emotionally or mentally involved in the theme 1. Use of Role Reversal E. Challenge the suspect's values and traits F. Handling bargaining statements G. Addressing the suspect's fear of consequences 1. appropriate time to use 2. Indirectly addressing consequences 3. Openly address the consequences H. Addressing the futility of continued resistance Step 6 HANDLING SUSPECT'S PASSIVE MOOD A. Psychological significance; The suspect is becoming less tense, appears defeated, is listening to your theme and may begin to cry- B. Watching for physical signs of defeat C. Interrogator's response to the suspect's defeated attitude; Intensify the theme and brief it down to one or two sentences, underlying the essential elements. D. Developing insight statements E. Having the suspect verbalize agreement C. Begin introducing the components of the alternative question, while remaining in close physical proximity. 13 Professional Services Agreement CoFW and Reid&Associates,Inc. Page 24 of 37 Step 7 PRESENTING AN ALTERNATIVE QUESTION A. Definition; An alternative is a question asked of the suspect, in which the suspect is offered two incriminating choices concerning some aspect of the crime. Accepting either choice represents the first admission of guilt. B. Understanding the Alternative; The alternative should contrast an undesirable action with a desirable action C. Offering supporting statements ❑. Presenting the Alternative to the suspect "Did you plan this thing out, or was it just something that happened on the spur of the moment? I'm sure that it was on the spur of the moment, wasn't it, Joe?" E. Handling a denial to the alternative F. Examples of Alternatives; Extensive list of alternatives is provided, that can be developed in various criminal interrogations Step 8 HAVING THE SUSPECT RELATE THE VARIOUS DETAILS OF THE OFFENSE A. Establishing the difference between the `admission' and the 'confession' B. Statement of reinforcement; "Joe, I was sure that that was the case all along." C. Initial questions asked of the suspect. Use open ended questions to obtain details of the offense. 14 Professional Services Agreement CoFW and Reid&Associates,Inc. Page 25 of 37 C. Committing the suspect to the crime. Obtain corroboration -facts that only the guilty would know. Step 9 CONVERTING AN ORAL CONFESSION INTO A WRITTEN CONFESSION A. Use third party to witness the oral confession B. Forms of written confession: written by suspect, written by interrogator, recorded, taken down by stenographer. C. Establish voluntariness and full, detailed substantiation End of Day 4 15 Professional Services Agreement CoFW and Reid&Associates,Inc. Page 26 of 37 EXHIBIT B RF,NTAI,FEES AND POLICIES BOB BOLEN PUBLIC SAFETY TRAINING CENTER Rental Fees&Policies 509 W.Felix Street Fort Worth,TX 76115 (817)392-6875 or[817)392-6874 Reservations for the meeting and training facilities at the Bob Bolen Public Safety Training Center(BBPSTC)can be booked out a maximum of 6 months. Use of the facilities by the Fort Worth Fire Department (FWFD) or the Fort Worth Police Department (FWPD) may supersede other group bookings with at least 10 days of notice provided (except in the case of emergencies and natural disasters where advance notice may not be feasible). Please Read the Following: 1. Event Holder shall comply with all laws(federal,state and local)including all ordinances of the City of Fort Worth and rules,regulations and requirements of the Fire and Police Departments. Violations of these laws and the rental policies listed below may result in the immediate termination of this rental agreement and forfeiture of any and all reservation fees and cou Id resu It in the Event Holder not being allowed to rent BBPSTC in the future. 2. Persons making the reservation should specify the exact time BBPSTC is needed. Admittance shall not be made prior to the time specified. If reservation extends beyond the designated time, additional rental and staff time charges will be assessed in half- hour increments. 3. The number of guests shall be restricted to the maximum capacity of each space. 4. Pricing and policy requirements are subject to change without notice. For reservations,contact BBPSTC administrative staff at: 817-392-6875 or817-392-6874 BBPSTC Flours of�oeration Meeting Facilities: Monday-Friday, 8a-5p Fire Drill Grounds: Tuesday-Thursday,8a-5p Event Booking Office: Monday-Friday,9a-4p After Hours(Subject to Staffing Availabiiity): Daily, 7a-8a and 5p-10p BBPSTC is closed the following holidays: New Year's Day, Martin Luther King Day,Memorial Day, Fourth of July, Labor Day,Thanksgiving Day,the day after Thanksgiving,and Christmas. POINT OF CONTACT: Each event request must have a designated point of contact (POC) who is a City of Fort Worth employee. The POC must agree to this policy and acknowledge the conditions set forth herein. The POC is responsible for the administrative needs of the event; set-up and clean-up; the condition of the rented space after use including returning furniture and other items to their original position, repairing any damages or additional cleaning that may be required; and notifying BBPSTC administrative staff of any requests to cancel or reschedule a planned event. If audiovisual equipment is to be used during the event,the POC should also coordinate a time prior to the event to complete an orientation on the equipment. The person listed as the POC shall be the sole contact person for purpose of this agreement. Professional Services Agreement CoFW and Reid&Associates,Inc. Page 27 of 37 RESERVATION APPROVALS: No oral agreements for use of BBPSTC,grounds,or additional rooms shall be valid.The Fire Training Deputy Chief or the Police Chief or assignee shall review and approve reservation requests.Some reservation requests may also require approval by the Fire Department's Executive Staff or the Police Department's Executive Staff, including youth events. No rental contracts are valid unless approved, signed and dated by the appropriate staff person. RENTAL FEES. All facilities are booked a minimum of 4 hours, which includes all set up and clean up time for your event. For added set up and clean up time, additional time may booked in half-hour increments for$30 per half-hour, up to a maximum of two additional hours for set up and clean up. Rental fees for the meeting facilities and Fire Drill Grounds are as follows: 1/2 DW Notes 9 Burs) COMMON AREAS FIRE POLICE Auditorium 5650 51080 Multi-Purpose Room(ma)c.245) $710 51,180 Incl_ use of Lobby/Lounge/Kitchen Lobby $710 $1,180 Incl. use of Lounge/Kitchen Lounge $325 $540 Incl. use of Kitchen FIRE MEETING FACILITIES Classroom 1283 max.18 $285 $475 Classroom 1266 max.24 $285 $475 Classroom 1261 max.37 $285 $475 Classroom 1258 max.38 $285 $475 Classroom 1275 max.38 $285 $475 Classroom 1277 max.38 $285 $475 Classroom 1214(max.50) $425 $710 Classroom 1264 max.51 $425 $710 Simulator 1266 max.24 $325 540 Computer Lab 1267 max.24 $485 $810 FIRE DRILL GROUNDS* Incl. use of burn props, propane,Radio 8-Story Tower-Live Burns $1,200 $2,000 Tower, SCBA compressor 8-5tory Tower-No Burns $600 $1,000 Incl. use Radio Tower,SCBA compressor Radio Tower S600 51,000 Warehouse Simulator S450 $750 Aquatics Simulator $360 $600 Flashover Chamber $720 51 200 Does not include materials Vehicle Fire Prop $1,020 51,700 Incl_fuel,travel/delivery(if requested) Incl. use of burn props,SCBA Class A Burn Lab-Live Burns $1,020 S 1,700 compressor(materials provided at cost Class A Burn Lab-No Bums $540 S900 Incl. SCBA compressor Confined/TrenchSpace $450 $750 Suppl i es not i ncl uded Fire Add Rio naI Staffing Instructor/Trainer $75/hour per person Safety Officer $75/hour per person *Based on the number of attendees and planned training activities,additional instructors and/orsafety officers may be required in order to comply with NFPA 1403 at the Event Holder's cost.In such instances, the Staffing Rates will apply.Material costs will be based on current market rates. Professional Services Agreement CoFW and Reid&Associates,Inc. Page 28 of 37 POLICE MEETING FACILITIES** Classroom 1134(max.35) 5285 $475 Classroom 1135(max.35) $300/4 hours only after 5pm) Computer Lab 1142(max.24) $285 $475 Computer lab 1146(max.24) $285 $475 Classroom 1166(max.48) $285 $475 Classroom 1233(max.48) $425 $710 Classroom 1416 Weapons Range 5285 $475 Area max. 32 Classroom 1426 Weapons Range $425 $710 Area(max.48) Classroom 1439 Weapons Range Area max_ 32 $2S5 $475 Firing Range# 1(50 yard,40 lane) $550/hour(4 hour minimum required) Firing Range# 2(25 yard,5lane) 5125/hour(4 hour minimum required) Firing Range# 3(25 yard,30 lane) $425/hour(4 hours minimum required) Firing Range#4(100 yard, 10lane) $165/hour(4 hour minimum required) Tactical Village $100/hour Driving Track $100/hour Use of Force Simulator $65/hour ' Police Additional Staffing Police Officer $58/hour per person IT Liaison $68/hour per person Police Instructor $75/hour per person "Janitorial $11/hour per person *Police Stipulations *Room 1135 is available for use after 5pm($300/4 hours if approved for use) "Specialized areas are charged per hour "Janitorial-Recommends 2 staff members per every 175 guests •For PO110E License Fees that ere stated on a per day basis,and Licensee agrees to pay the full doily license Fee,even if any ar oll of the respective S ace are used fora portionofaday. NOTE.,Alf rentai fees and deposits are due in fulf at time of baokfng and may be paid by credR/debit cord.Prices listed above are sublect to change.Base rates fisted above do not include overtime fees ordeposits. In the case of City of Fort Worth departments,only non-Generol Fund departments will be charged fees for space reservations.General Fund departments wiff only be charged where supplementoi fees are required for extra services such as ianitorial,security,etc. RESCHEDULING AND CANCELLATION REQUESTS: Requests to cancel or reschedule an event should be sent to BBPSTC administrative staff in writing at least 14 calendardays before the original event date. Events may be rescheduled to a later date within six months of the original date based on space availability. A reschedule fee of$50 per rented space will apply. Cancellation refunds shall be as follows and may take up to 8 weeks to process: 6 weeks or more prior to event Refund 75% of rental fee 2-6 weeks prior to event Refund 50% of rental fee Less than two weeks prior to event No refund Cancellation due to inclement weather Reschedule or Refund 75%of reservation fee Professional Services Agreement CoFW and Reid&Associates,Inc. Page 29 of 37 OVERTIME FEES: After hours staffing rates may apply for events taking place after 5pm and/or on weekends. PAYMENT:Payments may be made by debit or credit card orcheck.A reservation booked under false pretenses will be canceled and will void any refunds of your payment. DECORATIONS AND EVENT SIGNAGE: Event holder shall not be permitted to nail, tack, screw or otherwise physically attach materials to any part of BBPSTC, including the ceiling, walls, window treatments, fixtures, windows, etc. All decorations and signage must be on a table or freestanding. In addition, no paint sprays,glitter,confetti,shoe polish or open flames may be used in any part of BBPSTC. This includes items such as candles, hurricane torches or lanterns. Battery operated candles are permissible. All tables, decorations, displays, etc. must be arranged so that clear and unobstructed pathways (as determined by BBPSTC) are maintained throughout all areas of the facility. Emergency exits cannot be blocked. The POC is required to submit a proposed plan for decorations and event signage to BBPSTC administrative staff for review and approval a minimum of 14 calendar days prior to your event. Once this proposal has been approved, notice of any changes,adds,and/or moves will be required 48 hours prior to event. TABLES: Classroom spaces are reserved as-is. No moving of tables, chairs, or equipment. Multi-purpose Room rental fees include the use of tables and chairs. Our table sizes vary. Our tables and chairs may not be taken outside. The POC is required to submit a set-up diagram to BBPSTC administrative staff for review and approval a minimum of 14 calendar days prior to your event. Once this diagram has been approved, notice of any changes, adds, and/or moves will be required 48 hours prior to event. Changes, adds, and/or moves requested on- site will be charged a $50 Change Fee. Tables and chairs will be set up by the Event Holder at their own risk and expense. DANCING AND MUSIC: Dancing is not allowed. Music, including live bands and DJs, may be permitted under limited circumstances in the Multi-Purpose Room and Lobby with preapproval from BBPSTC administrative staff. Space for music greatly reduces the maximum capacity of these rooms. Noise levels must not disturb other building guests as determined by BBPSTC administrative staff. Noise violators are subject to immediate removal from grounds without refund. BBPSTC reserves the right to limit music volume and song content. IT, SOUND &A/V EQUIPMENT: The POC and any other persons responsible for making audio-visual arrangements for the event will need to schedule time to meet with a member of BBPSTC administrative staff at least 7 calendar days prior to the event. BBPSTC does not provide audio equipment or extension cords. You should notify us of your A/V needs when you rent the room. Microphones, lecterns, projection screens, may be available for use on a limited basis at an additional charge to the Event Holder. An IT Liaison will be available to assist with operator errors, but staff is not available to fix malfunctioning equipment. Event Holders requiring access to computers and/or the internet may be required to complete a separate Network Access Agreement. FOOD & BEVERAGES: Events providing food and/or beverages must have prior approval from BBPSTC administrative staff at least 14 calendar days in advance of your event. All food and beverages must either be prepared by an established caterer and/or restaurant or packaged in its original retail packaging. Rental of a room does not guarantee private use of the catering kitchen, as it is a shared kitchen with all BBPSTC patrons. Cleaning items, utensils, etc. are not furnished when utilizing the kitchens. You are responsible for making sure the kitchen/catering area is clean after your rental. No items may be left in BBPSTC after the specified rental period. Storage space is not provided except during rental times, Please discuss this information with your caterer. Food and drinks are not allowed in the Computer Lab and Auditorium. Only beverages with covered lids are allowed in the Classrooms and Fire Drill Grounds. Professional Services Agreement CoFW and Reid&Associates,Inc. Page 30 of 37 PHOTOGRAPHY: Photography must be approved by BBPSTC prior to the event. There is no charge for photography during a scheduled event in your scheduled area. PARKING: Self-parking is available in the Main Parking Lot ONLY. Occasionally multiple events are held at BBPSTC which result in additional traffic and limited parking availability. We endeavor to inform you of any such events that are planned for the same date and time as your event and their potential impact so that you may plan accordingly. Regardless of impact, you will be bound by the terms of your rental contract and these regulations. OTHER INFORMATION. • We are a non-smoking facility. No smoking permitted, including e-cigarettes, in the building. Ashtrays are available in the designated areas. • No animals will be permitted in BBPSTC except for service animals currently on duty. • Non-employee licensed open/concealed firearms are prohibited at the BBPSTC. • Vehicles are NOT permitted to drive over curbs, sidewalks, or on any areas other than those designated as road or parking spaces at any time, • Limited storage space is available. Please contact the BBPSTC administrative staff for more information. Staff may sign for deliveries but will not be responsible for them. Decorations, equipment,or supplies must be removed from the building at the end of the rental period. • Any activity, meeting,etc., which BBPSTC administrative staff deems as detrimental to the facilities will not be permitted. BBPSTC reserves the right to exclude any groupor individual deemed to be a risk to the City of Fort Worth and/or BBPSTC property or interests. • No children's parties will be scheduled,Should an event be booked under false pretenses, all deposit funds will be forfeited, • BBPSTC is a secured facility.All visitors are required to enterthroug h the metal detectors located at the main entrance, • Inquiries regarding the accessibility for those with disabilities should be directed to BBPSTC administrative staff at (817) 392-6875. I confirm by signature below, that I have read and understand the rules and regulations stated herein governing facility use, and agree to abide by all rulesand assume financial responsibility for any damages to the facility andequipment. Organization Name Name of Event Event Date POC Printed Name POC Phone Number POC Signature Date POC Mailing Address City State Zip POC Email Address A signed contract and payment of the rental fee and deposit is required to confirm your event booking Professional Services Agreement CoFW and Reid&Associates,Inc. Page 31 of 37 EXHIBIT C FACILITIES USE REQUIREMENTS FOR THE BOB BOL.EN 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 "The Reid Technique of Investigative Interviewing and Advanced Interrogation Techniques"training("Services")for law enforcement personnel("Program Participants"): 1.1.1 Bob Bolen Public Training Safety Complex 511 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 8:00 am and ending at 5:00 pm,Central Standard Time on the scheduled training session days. 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,orotherwise. 2.4 Contractor may bring onto the Premises any equipment reasonably necessary to further the intended use of the Premises. 2.5 Contractor may not use any part of the Premises for any use or purpose that violates any applicable law,regulations,or ordinance of the United States,the State of Texas,the County of Tarrant,or the City of Fort Worth,or other lawful authority with jurisdiction of the Premises. 2.6 Contractor understands and agrees that the parking areas at the Premises are not for the exclusive use of the Contractor and that the City and the Premises' patrons may use the parking spaces at any time. Professional Services Agreement CoFW and Reid&Associates,Inc. Page 32 of 37 3.0 HOLDOVER TENANCY 3.1 Holdover Tenancy. Unless terminated earlier pursuant the terms of this Agreement,this Agreement will expire without further notice when the Term expires. Any holding over by Contractor after the Term expires will not constitute a renewal of the Agreement or give Contractor any rights in or to the Premises,except as a tenant at will. 4.0 DUTIES AND RESPONSIBILITIES 4.1 In addition to any other duties and responsibilities set forth in this Agreement, Contractor shall: 4.1.1 Ensure that all Program Participants and any other individual using the Premises comply with any and all policies,rules,and regulations governing the use of the Premises. The City will provide a copy of any such policies,rules,and regulations within a reasonable time after request by the Contractor. 4.1.2 Contractor and Program Participants shall not remain in the Premises beyond the Contractor's approved hours, except in instances of eminent danger to the Program Participants, severe weather conditions, emergencies declared by the City and other situations determined in the sole discretion of the City. 4.1.3 Notification of changes to Program schedules, including cancellation but excluding emergencies or Force Majeure Events, must be provided to the City within 24 hours prior to schedule start time. In case of emergency or Force Majeure Events, the Contractor must notify the City promptly upon learning of such emergency or Force Majeure Events. 4.1.4 NOT USE THE PREMISES FOR ANY PURPOSE NOT SET FORTH IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CONDUCTING ANY UNAUTHORZED BUSINESS. 4.1.6 Report any maintenance or repair needs to the City as soon as practicable. 4.1.7 Contractor agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death, or damages at the Premises. Contractor agrees to make its officers, representatives, agents, and employees available to City, at all reasonable times, for any statements and case preparation necessary for the defense of any claims or litigation for which City may be responsible hereunder. Contractor shall place language in its contracts with contractors and subcontractors that contractors shall notify City as required by Contractor in this subsection. 4.1.12 While City will commission and oversee all repairs, Contractor will reimburse City for any repairs that are made for any damage that occurs during Services hours. 41.15 City will provide Contractor with necessary keys and security codes for access to the Premises. Professional Services Agreement CoFW and Reid&Associates,Inc. Page 33 of 37 41.16 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 actor 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. 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, oranyone visiting the Premises upon the invitation of the Contractor. The City shall determine, in its sole discretion, whether any damage has occurred, the amount of the damage and the reasonable costs of repairing the Professional Services Agreement CoFW and Reid&Associates,Inc. Page 34 of 37 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. 9.0 LICENSES AND PERMITS 9.1 Contractor shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for its operations. Professional Services Agreement CoFW and Reid&Associates,Inc. Page 35 of 37 10.0 ADDITIONAL DUTIES UPON TERNIINATION In addition to the duties described in the Agreement, Contractor shall comply with the following upon termination or expiration of the Agreement: 10.1 Prior to the effective date for expiration or termination of the Agreement, Contractor shall promptly remove all of its personal property;provided,however, Contractor shall not be obligated to remove any fixtures. Contractor shall also repair any damage to the Premises that occurred during Contractor's use of the Premises, including, but not limited to, any damage that Contractor causes during removal of Contractor's property, to the reasonable satisfaction of the City. 10.2 If Contractor fails to comply with its obligations in this Section, City may, at its sole discretion, (i) remove Contractor's personal property and otherwise repair the Premises and invoice Contractor for City's costs and expenses incurred, such invoice to be due and payable to City within thirty (30) calendar days of its delivery to Contractor; or (ii) following no less than thirty (30) calendar days prior written notice to Contractor, take and hold any of Contractor's personal property as City's sole property; or (iii) pursue any remedy at law or in equity available to City. If Contractor fails to surrender the Premises to City following termination or expiration, 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 (IOth) 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 4:00 pm. Professional Services Agreement CoFW and Reid&Associates,Inc. Page 36 of 37 EXHIBIT Il ILRIFICATiON OF SIGNATURE ALTHORITY Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals have the authority to legally bind Contractor and to execute any agreement,amendment , or change order on behalf of Contractor. Such binding authority has been granted by proper order,resolution,ordinance,or other authorization of Contractor. City is fully entitled to rely on the warranty and representation set forth in this Form in entering into any agreement or amendment with Contractor. Contractor will submit an updated Form within ten (I d) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been properly executed by Contractor. Name: Title: Signature Name: Title: Signature Name: Title: Signature Na Si tore f President/CEO Other Title s Date: / a 7,V Professional Services Agreement CoFW and Reid&Associates,Inc.Page 37 of 37