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HomeMy WebLinkAboutContract 55759CSC No. 55759 PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTFI ("City"), a home rule municipal corporation, acting by and through Jesus J. Chapa, its duly authorized Deputy City Manager, and AMERIK9 INC. ("Contractor"), acting by and throughJuston Hutchinson, its duly authorized Owner. Forpurposes of thi� 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. City and Contractor may individually be referred to as a"party" and collectively referred to as the "parties." AGREEMENT DOCLTMIIVTS: The Agreement documents shall include the following: L This Professional Services Agreement; 2. Exhibit A— Scope of Services; 3. Exhibit B— Verification of Signature Authority Form. Exhibits "A" and "B," which are attached hereto and inc orporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits "A" or "B" and the terms and conditions set forth in the body ofthis Agreement, the terms and conditions ofthis Agreement shall controL 1.0 SCOPE OF SERVICFS Contractoragrees to conduct "Canine Maintenance" training for law enforcementpersonnelbeginning on May 27, 2021, and ending on May 28, 2021 ("Services'�. Each day, Contractor shallprovide training from 8:00 am to 6:00 pm, Central Standard Time. Services shall be performed at thefields locatedby the Tactical Operations Building 3900 Barnett St 76103 ("Premises"). City and Contractor may agree to reschedule the dates of the training, but any such rescheduling sl�all be at the City's sole discretion. City and Contractor agree that all training must be completed by 7une 30, 202 L The training to be provided is further detailed in Exhibit A, which is attached hereto and incorporated herein for all purposes. 2.0 TERM This Agreement shall become effective upon execution by the Deputy City Manager for City and shall expire on June 30, 2021, at 11:59 pm, unless terminatedearlier in accordance with the terms ofthis Agreement. 3.0 CONSIDERATION & COMPENSATION 3.1 Enrollment Fee. The standard prescribed fee that Contractor charges for the "Canine Maintenance" Training is $5,496.00.00 for the two-day period the training is provided ("Enrollment Fee"). Under the terms of this Agreement, City will receive up to s� participants for the 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. The maximum amount to be paid to the Contractor for the services provided under this Agreement shall be Five Thousand FourHundred and Ninety-S� Dollars ($5,496.00). Contractor shall not perform any additional services or bill for expenses incurred for City not specified by this Agreement OFFICIAL RECORD `�t CITY SECRETARY FT. WORTH, TX unless the City requests and approves in writing the additional costs for such services or expenses. Payment will be made by City within 30 days of receipt of Vendor's invoice. 4.0 TERMINATION 4.1. Written Notice. City or Contractor may terminate this Agreement at any time and for any reason by providing the other party with at least 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obli�ations of the Parties. In the event that this Agreement is terminated prior to its natural expiration, City shall pay Contractor for services actually rendered up to the effective date of termination, and Contractor shall continue to provide City with services requestedby City and in accordance w ith this Agreement up to the effective date of termination. Upon termmation ofthis Agreementfor any reason, Contractor shallprovide City with copies of all completed or partially completed documents prepared under this Agreement. In the event Contractor has received access to City Information or data as a requirement to perform servic es hereunder, Contractor shall retum all City provided data to City in a machine readable fom�at or other format deemed acceptable to City. 5.0 ADDITIONAL Di1TIFS AND OBLIGATIONS OF TI� PARTIFS The City shall be responsible for providing the classroom facilities and audio/visual equipment ne�cled by Contractor. The City shall not be required to purcl�ase any new audio/visual equipment. Contractor agrces to provide the City a list of neces sary 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 (2) 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 conductthe training at least two (2) weeks prior to the start of Services. The minimum enrollment for Services is five (5) participants. Ifthe enrollment minimum is not met, the parties agree to confer in good faith regarding whether to reschedule or cancel the Services. The City requires a two (2) week notification prior to the scheduled training if changes are made to the Contractor's course schedule or materials. Contractor will provide at least one (1) qualified instructor ("Instructor") for the training prograin who will facilitate the Services. Contractor agrees to provide each registered course participantwith course materials and supplies pertinent to the subject areas to be covered. Contractor will provide course registration, administration, and certificates of completion, if appropriate. Contractor must provide certificates of completion within seventy-two (72) hours of the City's Professional5ervices Agreement City of Fort Worth and AmeriK9lnc. Page 2 of 14 submittal of the final roster. Certificate of completion to include: • Participant Name • Course Name • Course Date • Total Trainmg Hours 6.0 DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INF'ORMATION 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 City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. In the event there is a request for information marked Confidential or Proprietary, City will promptly notify Contractor. It will be the responsibility of Contractor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 6.4 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 carrupt 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 accessedby unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 7.0 ACCESS The acc es s granted to Contractor pursuant to this Agreement shall be limited to the property defined as Premises in Section 1.0 of this Agreement. Contractor shallbe escorted by a City employee at all times while on Premises. The City employee escorting Contractor mustbe authorized to access CriminalJustice Information Services ("CJIS") protected data. The parties acknowledge and understand that the Premises contams 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 and exit. Contractor shall carry a valid photo ID while on Premises. Professional5ervices Agreement City of Fort Worth and AmeriK9lnc. Page 3 of 14 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, includ'mg, but not limited to, all electronic records of Contractor involvmg 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 wark space in order to conduct audits in compliance withthe provisions ofthis section. City shall give Contractor reasonable advance notice of intended audits. 9.0 INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor will operate as an independent Contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative ar employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor will 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 s ubc ontrac tors. Contractor acknowledges that the doc trine o f respondeat superior w ill not apply as betw een City, its officers, agents, servants, and employees, and Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further agrees that nothing herein will be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understoodthat City will 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 will be entitled to any employment benefits from City. Contractor will be responsible and liable for any and all payment and reportmg of taxes on behalf of itself and any of its officers, agents, servants, employees, or subcontractors. 10.0 LIABILITY AND INDEIVINIFICATION 10.1 LIABILITY - CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTYLOSS, PROPERTYDAMAGEAND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAIISED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERYANTS OR EMPLOYEES. 10.2 GENERAL INDEMNIF'ICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDENINIF'Y, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS OR LAWSUITS OF ANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTORS BUSINESS AND ANYRESULTING LOST PROFTIS) AND/OR PERSONAL INJURY, INCL UDING 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. Professional5ervices Agreement City of Fort Worth and AmeriK9lnc. Page 4 of 14 10.3 INTELLECTUAL PROPERTYINDEMNIF7CATION - 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 forits settlement or compromise andto 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 forpayment 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 andthe use thereof is enjoinedor restrainedor, 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 affectCity'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 are reasonably available to Contractor, terminate this Agreement and refund all amounts paid to Contractor by City, subsequent to which termination City may seek any and all remedies available to City under law. 11.0 ASSIGNMENT AND SUBCONTRACTTNG 11.1 Assi�nment. 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, subcontractor shall execute a written agreement with Contractor referencing this Agreement under which subcontractor shall agree to be bound by the duties and obligations of Contractor under this Agreement, as suc h duties and obligations may apply. Contractor shall provide City with a fully executed copy of any such subcontract. Professional5ervices Agreement City of Fort Worth and AmeriK9lnc. Page 5 of 14 12.0 INSLJRANCE Insurance requirement waived. 13.0 COMPLIANCE WITH LAWS, ORDINANCFS, RULFS, 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 wark it produces in connection with this Agreement will also comply with all applicable federal, state, and local laws, ordmances, 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 COVINANT 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 ARISFS FROM AN ALLEGED VIOLATION OF THIS NON DISCRIMINATION COVINANT BY CONTRACTOR, ITS PERSONAL REPRESENTATIVFS, ASSIGNS, SUBCONTRACTORS, OR SUCCFSSORS IN INTERE.ST, CONTRACTOR AGREES TO ASSLIME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 15.0 NOTICFS Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when: (1) hand-delivered to the other party, its agents, employees, servants, or representatives; (2) delivered by facsimile with electronic confirmation of the transmission; or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Jesus 7. Chapa Deputy 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: Senior Contract Compliance Specialist Bob Bolen Public Safety Complex 505 W. Felix St. Fort Worth, TX 76115 To CONTRACTOR: AmeriK9 Inc. Professional5ervices Agreement City of Fort Worth and AmeriK9lnc. Page 6 of 14 Juston Hutinson Owner Rt. 1 Box 16-5 Braggs Braggs, OK 74423 918-869-9999, 16.0 SOLICITATION OF EMPLOYEFS Neither City nor Contractor shall, during the term of this Agreement and additionally for a period of one (1) year after its termination, solicit for employment or employ, whether as an employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, tl� 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 GOVERNNIINTAL 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 the failure to exercise any right granted herein, shall not constitute a waiver of City's or Contractor's respective right to msist 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 the 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 mvalid, 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 will exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but will 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; epidemic s or pandemics; government action or inaction; orders of government; material or labor restrictions by any governmental authority; transportation problems; restraints or prohibitions by any court, board, department, commission, or agency ofthe United States or of any States; Professional5ervices Agreement City of Fort Worth and AmeriK9lnc. Page 7 of 14 civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the Partywhose performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is suspended during the period of, and only to the extent of, such prevention or hindranc e, provided the affected Party provides notice of the Forc e Majeure Event, and an explanation as to how it prevents or hmders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice required by this section must be addressed and delivered in accordance with Section 15 of this Agreement. ►[ ►�I�: I�I_\ 17 hCl��C��K�]� I' �] 1111 I►`C!' 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 COLINSII, The parties acknowledge that each party and its counsel have had the opportunity to review and revise this Agreement and that the normal rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits "A" or «B „ 24.0 AMENDMENTS / MODIFICATIONS / EXTENSIONS No amendment, modification, or extension of this Agreement shall be binding upon a party hereto unless set forth in a written instrument executed by an authorized representatives of both parties. 25.0 ENTIRETY OF AGREIIV�NT This Agreement, including Exhibits "A" and `B," contains the entire understanding and agreement between City and Contractor, their assigns, and successors in interest, as to the matters contained herein. Any priar ar contemporaneous oral or written agreement is hereby declared null and void to the extent that it conflicts with any provision of this Agreement. 26.0 COUN7'ERPARTS 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 ins trument. 27.0 WARRANTY OF SERVICFS 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 30 days from the date that the services are completed. In such event, at Contractor's option, Contractor sl�all either (a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty, or (b) refund any fees paid by City to Contractor for the nonconforming services. 28.0 IMIVIIGRATION AND NATIONALITY ACT Professional Services Agreement City of Fort Worth and AmeriK9lnc. Page 8 of 14 Contractor shall verify the identity and employment eligibility of its employees who perfo�n 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 INDENINIFY CITY AND HOLD CITY HARMLFSS FROM ANY PENALTIES, LIABILITIFS, OR LOSSFS DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CON'I'RACTOR'S EMPLOYEFS, SUBCONTRACTORS, AGENTS, OR LICINSEES. City, upon written notice to Contractor, shallhave 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, wark 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 WorkProduct. Ownership of the Work Product shallinure 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 shallbe 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 WorkProduct, 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 bmding authority has been granted by proper order, resolution, ordinanc e, 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 aff'v�ed 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 shallnotify City's Purchasing Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining updated City records. The president of Contractor or an authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy ofthe boardof director's resolution approving the action, or an executed Professional5ervices Agreement City of Fort Worth and AmeriK9lnc. Page 9 of 14 merger or acquisition agreement. Failure to provide the specified documentation may adversely impact future invoice payments. 32.0 PROHIBITION ON CONTRACTING WITH COMPA1vIES THAT BOYCOTT ISRAEL If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that, in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a c ontract with a c ompany for goods ar 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 IsraeP' 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. 33. ELECTRONIC SIGNATLIRES This Agreement may be executed by electronic signature, which will be considered as an original signature for all purposes and have the same force and effect as an original signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions (e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically insertedvia software such as Adobe Sign. (signature page follows) Professional5ervices Agreement City of Fort Worth and AmeriK9lnc. Page 10 of 14 ACCEPTED AND AGREED: CITY OF FORT WORTH ��� B Jesus Chapa (May 25, 2021 13:57 CDT) y� ---- ------- Name: Jesus J. Chapa Title: Deputy City Manager APPROVAL RECOMMENDED: 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. � ��� By. Sasha Kane (May 21, 202110:32 CDT) —_—_—__ Name: Sasha Kane Title: Sr. Contract Compliance Specialist APPROVED AS TO FORM AND LEGALITY: Neil NoqKes Neil Noakes (May 25, 20211229 CDT) y� ------------ Name: Neil Noakes Title: Chief of Police ATTEST: By: Name Tlile: `������� Mary J. Kayser City Secretary b t a O�oo 0000���d ,�. a o0�� o � �o 0 0 �g o= va o o � o � 0 ��oo �*� o� � d�, °_�0000�° a ANIE12IK9, Inc. ��� Jus on Hutchlnson (May 17, 20211527 CDT) By. Name: Juston Hutchinson Title: Owner By: � �.~.-,--- Name: Taylor C. Paris Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: (None Required) Date Approved: Form 1295 Certification No.: N/A OFFICIAL RECORD CITY SECRETARY FT. W�RTH, TX Professional Services Agreement City of Fort Worth and AmeriK9lnc. Page 11 of 14 EXHIBIT "A" SCOPE OF SERVICES �=1NPa K� Jn�erd_Icti�n 111lorksh�p Justnn Mut�hin�an4AmeriK9 aav 1 B.OQ-�0:00 Introduc#ions & C�bservations -The �rainer will take t�i� time Xo ob��rve each handler and hisjher ca�irre while working and interacting to determine the specif�e areas af need f�reach. 1�:�0-IZ:40 Obedfence Tr�inin� -Handlers will first learn specific obedience �kills in the classraam k�efore a�plying �h�m, in � h�nd�-an �etting. 12:U�-1:00 �unch 1:aD-5:Qa aru� Detetti�n Scenarios -�he trainer will ofaserve h�r�dlers and their canines while perfarming drug detection �eenarias. The tr�iner will wark wit� the handlers to focus an specific drug detec�ion skills �nd identify any are�s in whEch i�npravement is need�d. Professional5ervices Agreement City of Fort Worth and AmeriK9lnc. Page 12 of 14 F1NPD fV�r�o�i�s l�nit �(-9 VIl�rksh�p Juston Hutchinsan Day 2 S:D�R1�:Q0 1�:�D-11:DQ ��.:aa�i�:�� 1�:Q0-1:00 1:DD-5; DU Case Law $e Courtroom Testimon -The trainer will take the handlers through narcotics can�r�e- speci�ic caurtraom testFrnany including, preparation praced�rres forte5tifyin� in f�cferal artd sta�e cour�s, Handlers v�i�l le�rn about import�nt cas� law pertainir�g to narcatics c�nines. �bedience Tr�inin� -Cantinuatifln from da� o�e. Job�S �cific Trainin 5�er��rios -The trair�erwill t�ke the handler� thrc�ugh the process of creating and setting up reaf-worlt� trair�ing scen�rios tv increase th� effe�tiveness of weekl�r narcotics ��n�r�e u�it training sessions. �ur�ch � ecifi� Needs Trair�in - TBp -�hrou�hout the previaus day a�d morning, the train�r wrvil� have observed handlers �nd their cantn�s to determine are�s of need, Thi� time will be uti�ized �o reinfarce thvse areas andfar �ro�ide otf�er feedback as needed. Professional5ervices Agreement City of Fort Worth and AmeriK9lnc. Page 13 of 14 EXHIBIT "B" VERIFICATION OF SIGNATURE AUTHORITY Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals have the authority to legally bind Contractor and to execute any agreement, amendment, or change order on behalf of Contractor. Such binding authority has been granted by proper order, resolution, ordinance, or other authorization of Contractor. City is fully entitled to rely on the warranty and representation set forth in this Form m entering mto any agreement or amendment with Contractor. Contractor will submit an updated Form within ten (10) business days if there are any changes to the signatory authority. City is entitled to rely on any current executed Form untilit receives a revis ed Form that has been properly executed by Contractor. Name: Title: Signature Name: Title: Signature Name: Title: Signature Name: Signature of President / CEO Other Title: Date: Professional5ervices Agreement City of Fort Worth and AmeriK9lnc. Page 14 of 14