HomeMy WebLinkAboutContract 61351City Secretary Contract No. 61351
FORT WORTH,
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH (the "City"), a home -rule municipal corporation, acting by and
through William Johnson, its duly authorized Assistant City Manager, and THE CTK GROUP, LLC
D/B/A THE CTK GROUP ("Contractor"), acting by and through Jon Turbett, its duly authorized Owner.
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 Vendor Services Agreement;
2. Exhibit A — Scope of Services;
3. Exhibit B — Facilities Use Requirements;
4. Exhibit C — Verification of Signature Authority Form.
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this Agreement
for all purposes. In the event of any conflict between the terms and conditions of Exhibits A, B, or C and
the terms and conditions set forth in the body of this Vendor Services Agreement, the terms and conditions
of this Vendor Services Agreement shall control.
1.0 SCOPE OF SERVICES
Contractor agrees to conduct "Interview and Interrogation" and "Advanced Interview and Interrogation"
training classes on agreed dates during the Term ("Services"), such Services being more particularly
described in Exhibit A. This training is designed to provide students with a legal foundation that allows
officers to extract every legal advantage in criminal interviews and interrogations. Officers will
specifically examine areas where advantage can be had to increase opportunities to get information from
suspects, witnesses, and victims. Each day, Contractor shall provide training from 8:00 am to 5:00 pm,
Central Time. Services shall be performed at the Bob Bolen Public Safety Training Complex ("Premises"),
located at 505 W. Felix Street, Fort Worth, Texas 76115.
2.0 TERM
This Agreement shall begin upon execution by the City ("Effective Date") and shall expire on May
31, 2025 ("Expiration Date"), unless terminated earlier in accordance with this Agreement. Upon the
OFFICIAL RECORD
Services Agreement - CoFW and The CTK Group CITY SECRETARY page 1 of 25
FT. WORTH, TX
City Secretary Contract No.
expiration of the Initial Term, the Agreement shall renew under the same terms and conditions for up to
four (4) one-year renewal periods, unless City or Contractor provides the other parry with notice of non -
renewal at least 60 days before the expiration of the Initial Term or renewal period.
3.0 CONSIDERATION & COMPENSATION
The standard fee that Contractor normally charges for each class is $500.00 an Officer.
Contractor has agreed to offer a flat fee of twenty thousand and 00/100 dollars ($20,000.00) for Fort
Worth Police Officers with a maximum of 50 enrollees in each training class. Total payment made under
this Agreement by City shall not exceed eighty thousand and 00/100 dollars ($80,000.00). Contractor
shall not perform any additional services or bill for expenses incurred not specified by this Agreement
unless City requests and approves in writing the additional costs for such services. City shall not be liable
for any additional expenses of Contractor not specified by this Agreement unless City first approves such
expenses in writing.
Payment for Services shall be due within 30 days of uncontested performance of the particular
services so ordered and upon receipt by the City of Contractor's invoice for payment.
4.0 TERMINATION
4.1. Written Notice. City or Contractor may terminate this Agreement at any time and for any
reason by providing the other party with at least 10 days' written notice of termination.
4.2 Non-annromiation of Funds. In the event no funds or insufficient funds are appropriated by
City Council 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 Obligations of the Parties. In the event that this Agreement is terminated prior to
the Expiration Date, City shall pay Contractor for services actually rendered up to the effective date of
termination and Contractor shall continue to provide City with services requested by City and in accordance
with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason,
Contractor shall provide City with copies of all completed or partially completed documents prepared under
this Agreement. In the event Contractor has received access to City Information or data as a requirement to
perform services hereunder, Contractor shall return all City provided data to City in a machine-readable format
or other format deemed acceptable to City.
5.0 ADDITIONAL DUTIES AND OBLIGATIONS OF THE PARTIES
The City shall be responsible for providing the classroom facilities and audio/visual equipment needed
by Contractor. The City shall not be required to purchase any new audio/visual equipment. Contractor agrees
to provide the City a list of needed audio/visual equipment 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 30 (thirty) 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
Services Agreement - CoFW and The CTK Group Page 2 of 25
City Secretary Contract No.
will facilitate the Services.
Contractor agrees to provide each registered course participant with course materials and supplies
pertinent to the subject areas to be covered.
The City shall report training hours to the Texas Commission on Law Enforcement (TCOLE) for
all participants who have a valid TCOLE PID number. Contractor must provide the City the following:
Pre -Course:
Instructor Biography(ies)
Course Syllabus/Schedule
Post -Course:
Provide all participants with a certificate of completion to include:
• Participant name
• Course name
• Course date
• 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 ACCESS
The access granted to Contractor pursuant to this Agreement shall be limited to the property defined
as Premises in Section 1 of this Agreement. Contractor shall be escorted by a City employee at all times
while on Premises. The City employee escorting Contractor must be authorized to access Criminal Justice
Information Services ("CJIS") protected data. The parties acknowledge and understand that the Premises
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.
Services Agreement - CoFW and The CTK Group Page 3 of 25
City Secretary Contract No.
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 shall 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, 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 subcontractors.
10.0 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 - CONTRACTOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND CITY, ITS OFFICERS, AGENTS,
SERVANTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS
OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY
DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S
BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING
Services Agreement - CoFW and The CTK Group Page 4 of 25
City Secretary Contract No.
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,
MALFEASANCE, OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS,
AGENTS, SERVANTS, OR EMPLOYEES.
10.3 INTELLECTUAL PROPERTY INDEMNIFICATION— Contractor agrees to defend,
settle, or pay, at its own cost and expense, any claim or action against City for infringement of any
patent, copyright, trade mark, trade secret, or similar property right arising from City's use of
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 or expenses for any claim or action brought against City for infringement arising under this
Agreement, City shall have the sole right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim; however,
Contractor shall fully participate and cooperate with City in defense of such claim or action.
City agrees to give Contractor timely written notice of any such claim or action, with copies of all
papers City may receive relating thereto. Notwithstanding the foregoing, City's assumption of
payment of costs or expenses shall not eliminate Contractor's duty to indemnify City under this
Agreement. If the software and/or documentation or any part thereof is held to infringe and the use
thereof is enjoined or restrained or, if as a result of a settlement or compromise, such use is materially
adversely restricted, Contractor shall, at its own expense and as City's sole remedy, either: (a)
procure for City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non -infringing, provided that such modification does not
materially adversely affect City's authorized use of the software and/or documentation; or (c) replace
the software and/or documentation with equally suitable, compatible, and functionally equivalent
non -infringing software and/or documentation at no additional charge to City; or (d) if none of the
foregoing alternatives is reasonably available to Contractor, terminate this Agreement and refund
all amounts paid to Contractor by City, subsequent to which termination City may seek any and all
remedies available to City under law.
11.0 ASSIGNMENT AND SUBCONTRACTING
11.1 Assi2mnent. 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.
Services Agreement - CoFW and The CTK Group Page 5 of 25
City Secretary Contract No.
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 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 Coverase and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$1,000,000 - Aggregate
12.2 General Reauirements
(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. At least 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.
(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,
Services Agreement - CoFW and The CTK Group Page 6 of 25
City Secretary Contract No.
ordinances, rules, and regulations. If City notifies Contractor of any violation of such laws, ordinances,
rules, or regulations, Contractor shall immediately desist from and correct the violation.
14.0 NON-DISCRIMINATION COVENANT
Contractor, for itself, its personal representatives, assigns, subcontractors, and successors in
interest, as part of the consideration herein, agrees that in the performance of Contractor's duties and
obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group
of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED
VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY CONTRACTOR, ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS, OR SUCCESSORS IN
INTEREST, CONTRACTOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY
AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
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, or (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: William Johnson
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:
The CTK Group
Jon Turbett, Co -Owner (and Instructor)
3000 Lindale St
Dubuque, IA 52001
(520) 869-3222
ion@thectkp,rour).com.
16.0 SOLICITATION OF EMPLOYEES
Neither City nor Contractor shall, during the term of this Agreement and additionally for a period
of one year after its termination, solicit for employment or employ, whether as employee or independent
Services Agreement - CoFW and The CTK Group Page 7 of 25
City Secretary Contract No.
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 other party. Notwithstanding the foregoing, this provision shall not apply to
an employee of either party who responds to a general solicitation or advertisement for employment by
either party.
17.0 GOVERNMENTAL POWERS
It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
18.0 NO WAIVER
The failure of City or Contractor to insist upon the performance of any term or provision of this
Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's
respective right to insist upon appropriate performance or to assert any such right on any future occasion.
19.0 GOVERNING LAW / VENUE
This Agreement shall be construed in accordance with the laws of the State of Texas. If any action,
whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action
shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas, Fort Worth Division.
20.0 SEVERABILITY
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity,
legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
21.0 FORCE MAJEURE
City and Contractor shall exercise their best efforts to meet their respective duties and obligations
as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to
force majeure or other causes beyond their reasonable control, including, but not limited to, compliance
with any government law, ordinance, or regulation, acts of God, acts of the public enemy, fires, strikes,
lockouts, natural disasters, wars, riots, epidemics or pandemics, material or labor restrictions by any
governmental authority, transportation problems, and/or any other similar causes.
22.0 HEADINGS NOT CONTROLLING
Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a
part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement.
[►Ic�li .� �►�/ 11►�i�L111[K1111�fy 11 �I
The parties acknowledge that each party and its counsel have had the opportunity to review and
revise this Agreement and that the normal rule of construction to the effect that any ambiguities are to be
resolved against the drafting party shall not be employed in the interpretation of this Agreement or Exhibits
A, B, and C.
Services Agreement - CoFW and The CTK Group Page 8 of 25
City Secretary Contract No.
24.0 AMENDMENTS / MODIFICATIONS / EXTENSIONS
No amendment, modification, or extension of this Agreement shall be binding upon a party hereto
unless set forth in a written instrument executed by an authorized representative of each party.
25.0 ENTIRETY OF AGREEMENT
This Agreement, including Exhibits A, B, and C, contain the entire understanding and agreement
between City and Contractor, their assigns, and successors in interest, as to the matters contained herein.
Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
26.0 COUNTERPARTS
This Agreement may be executed in one or more counterparts and each counterpart shall, for all
purposes, be deemed an original, but all such counterparts shall together constitute one and the same
instrument.
27.0 WARRANTY OF SERVICES
Contractor warrants that its services will be of a professional quality and conform to generally
prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30)
days from the date that the services are completed. In such event, at Contractor's option, Contractor shall
either (a) use commercially reasonable efforts to re -perform the services in a manner that conforms with
the warranty, or (b) refund the fees paid by City to Contractor for the nonconforming services.
28.0 IMMIGRATION AND NATIONALITY ACT
Contractor shall verify the identity and employment eligibility of its employees who perform work
under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon
request by City, Contractor shall provide City with copies of all 1-9 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 AND DEFEND CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS,
AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately
terminate this Agreement for violations of this provision by Contractor.
29.0 OWNERSHIP OF WORK PRODUCT
City shall be the sole and exclusive owner of all reports, work papers, procedures, guides, and
documentation which are created, published, displayed, and/or produced solely and exclusively for the
services provided under this Agreement (collectively, "Work Product"). Further, City shall be the sole and
exclusive owner of all copyright, patent, trademark, trade secret, and other proprietary rights in and to the
Services Agreement - CoFW and The CTK Group Page 9 of 25
City Secretary Contract No.
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.
30.0 SIGNATURE AUTHORITY
The person signing this Agreement hereby warrants that they have 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 respective party. 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.
K=*M—XI � DG 1\[KIJ1% 17WI M"EX35 11[INKI]Ii%I 11.3.` M
Contractor shall notify City's Purchasing Manager, in writing, of a company name, ownership, or
address change for the purpose of maintaining updated City records. The president of Contractor or an
authorized official must sign the letter. A letter indicating changes in a company name or ownership must
be accompanied with supporting legal documentation, such as an updated W-9, documents filed with the
state indicating such change, copy of the board of directors resolution approving the action, or an executed
merger or acquisition agreement. Failure to provide the specified documentation may adversely impact
future payments.
32.0 PROHIBITION ON CONTRACTING WITH COMPANIES 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 2271 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services that has a
value of $100,000 or more 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. To the extent the Chapter 2271 of the Texas Government Code is applicable to this
Agreement, by signing this Agreement, 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 Agreement.
33.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES
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 2276 of the Texas Government
Services Agreement - CoFW and The CTK Group Page 10 of 25
City Secretary Contract No.
Code, the City is prohibited from entering into a contract with a company for goods or services that has a
value of $100,000 or more unless the contract contains a written verification from the Contractor that it:
(1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this
Agreement. The terms "boycott energy company" and "company" have the meaning ascribed to those
terms by Section 809.001 of the Texas Government Code. To the extent that Chapter 2276 of the
Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that
Contractor's signature provides written verification to the City that Contractor: (1) does not boycott
energy companies; and (2) will not boycott energy companies during the term of this Agreement.
34.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARMS AND AMMUNITION
INDUSTRIES
If Contractor has fewer than 10 employees or this Agreement is for less than $100,000, Contractor
acknowledges that in accordance with Chapter 2274 of the Texas Government Code, the City is prohibited
from entering into a contract for goods or services that has a value of $100,000 or more unless the contract
contains a written verification from the Contractor that it: (1) does not have a practice, policy, guidance,
or directive that discriminates against a firearm entity or firearm trade association; and (2) will not
discriminate during the term of the contract against a firearm entity or firearm trade association. The terms
"discriminate," "firearm entity," and "firearm trade association" have the meaning ascribed to those terms
by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code
is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's
signature provides written verification to the City that Vendor: (1) does not have a practice, policy,
guidance, or directive that discriminates against a firearm entity or firearm trade association; and
(2) will not discriminate against a firearm entity or firearm trade association during the term of this
Agreement.
35.0 Electronic Signatures.
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, email, or
facsimile transmission) of an original signature, or signatures electronically inserted via software such as
Adobe Sign.
(signature page follows)
Services Agreement - CoFW and The CTK Group Page 11 of 25
City Secretary Contract No.
ACCEPTED AND AGREED:
CITY OF FORT WORTH
By: William Johnson (Air 30,202418:50 CDT)
Name: William Johnson
Title: Assistant City Manager
Date: Apr 30, 2024
APPROVAL RECOMMENDED
mzoa
By: RobereAlldr r 29, 2024 13:12 CDT)
Name: Robert A. Alldredge, Jr.
Title: Executive Assistant Chief
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.
X941�By:
Name: Loraine Coleman
Title: Administrative Services Manager
APPROVED AS TO FORM AND
LEGALITY:
ATTEST:
4.04UU�n��
F°Rr�yaoo
° o0
°
i quaff
~°
By.
°�'''dA
p
a � o°°
Name: Trey Qualls
°o*
Qa loE0000.
��Uaaa'd'�'
Title: Assistant City Attorney
By:
Name: Jannette Goodall
CONTRACT AUTHORIZATION:
Title: City Secretary
M&C: (None Required)
Date Approved:
Form 1295 Certification No.: N/A
THE CTK GROUP, LLC
Ton Turbell-
By:
Jon Turbett (Apr 23, 202412:32 CDT)
Name: Jon Turbett
Title: Co -Owner
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Services Agreement - CoFW and The CTK Group Page 12 of 25
City Secretary Contract No.
EXHIBIT A — SCOPE OF SERVICES
Interview and Interrogation
24-hour Course Syllabus
I. UNIT OF INSTRUCTION: LEGAL PRINCIPLES
A. Number of Hours: 8 hours
B. Unit Description: This unit of instruction is designed to provide the student
with a legal foundation that allows officers to extract every legal advantage in criminal
interview and interrogations. Officers will specifically examine areas where advantage
can be had to increase opportunities to get information from suspects, witnesses, and
victims.
C. Pre -Test: Students will take a scenario -based quiz including video and role-
playing scenarios based on actual court cases to examine their current legal foundation.
All quiz scenarios are then covered during the course of the Legal Principles curriculum.
D. Training Goals: By the end of this unit of instruction, students will be able
to do the following:
1. Identify the foundational Amendments to the Constitution that effect
Interview and Interrogation and their proper current day application.
2. Examine Principles of Custodial Interrogation
a. Historical context and application of Miranda rights
b. Demonstrate how officers use/misuse Miranda
C. Proper application and delivery of Miranda rights: How often do
they waive?
d. How to handle invocations and re -initiation: concepts that are
never practiced.
3. Examine Principles of Non -Custodial Interrogation
a.
Beheler v. California: What they didn't teach you in the Academy
b.
Proper principles of non -custodial interrogations
C.
Advantages of proper application of non -custodial interrogations
d.
How to handle invocations and re -initiation in non -custodial
interrogations
4. Interviewing and interrogating juveniles
a.
"Special considerations" in juvenile interrogation
b.
Executing custodial interrogation of juveniles
C.
Executing non -custodial interrogation of juveniles
d.
Voluntariness in juvenile interrogations
5. Voluntariness
a.
Examine recent Court decisions on voluntariness that determine
interview and interrogation strategy.
b. Examine voluntariness in the context of false confessions
Services Agreement - CoFW and The CTK Group Page 13 of 25
City Secretary Contract No.
II.
D. Recommended Instructional Aids: CTK Course Manual, CTK Quiz, projector
(with audio), whiteboard, and screen.
UNIT OF INSTRUCTION: INTERVIEWING TECHNIQUES
A. Number of Hours: 8 hours
B. Unit Description: This unit of instruction is focused on preparing officers to
utilize scientifically -based techniques of interviewing. Research on social influence and
rapport building from the federally funded High -Value Interrogation Group (HIG) will be
utilized. Principles and advantages of the research -based Cognitive Interviewing
technique will be examined with application for suspects, witnesses, and victims that take
into consideration how memory works.
C. Trainin-a Goals: By the end of this unit of instruction, students will be able
to do the following:
1. Identify the limitations of written statements and chronological
interviewing that is historically used by law enforcement.
2. Examine Notetaking, Recording Interviews, and Personal and
Environmental preparation in light of custody and voluntariness issues.
3. Rapport Building: Using the HIG Research
a. Examine misconceptions by law enforcement of what rapport -
building is and how to achieve it.
b. Vet the High -Value Detainee Interrogation Group research on how
to build and maintain rapport in interviews.
b. Study The Psvcholoav of Social Influence by Dr. Robert Cialdini:
How to use principles of social influence in interview settings.
4. Cognitive Interviewing: Dr. Ronald Fisher and Dr. Ronald Geiselman
a. The Free Narrative: Developing officer skills at collecting volume
b. Proper principles of cognitive interviewing in context of how
memory works, a skill for victims and suspects.
C. Using unanticipated requests to gather more information and place
cognitive load on deceptive subjects.
d. The Hypothetical Question: testing the subject's commitment to
the free narrative.
e. Practical Exercises: Interview introductions, transfer of control,
hypotheticals.
5. Custody and Voluntariness
a. Examine present day Court decisions on voluntariness and how
they affect your interview strategy.
b. Demonstrate how custody and voluntariness issues are fluid
throughout the interview.
C. False Confessions: examine tactical errors made by officer during
interviews that led to false confessions
Services Agreement - CoFW and The CTK Group Page 14 of 25
City Secretary Contract No.
D. Recommended Instructional Aids: CTK Course Manual, CTK Baseball
Diamond, projector (with audio), whiteboard, and screen.
III. UNIT OF INSTRUCTION:
A. Number ofHours: 8 hours
INTERROGATION TECHNIQUES
B. Unit Description: This unit of instruction is designed to provide the student
with the skills to interrogate suspects that are legally -sound and court -defensible.
Research regarding why suspects confess and why they do not confess will be utilized to
develop strategies that move suspects towards admissions. Officers will also concentrate
on post -admission interview techniques that utilize Cognitive Interviewing principles and
consider factors of false confessions.
C. Training Goals: By the end of this unit of instruction, students will be able
to do the following:
1. Demonstrate the limitations of traditionally trained deception detection
techniques and proper understanding of the current research.
2. Understand the research behind why people do and do not confess and
how that research dictates our tactical approach.
3. Examine the shortcomings of the traditionally used Accusatorial -style
approach to interrogations.
4. Develop the skills for an appropriate Challenge.
a. The Challenge in context of the PEACE method of interrogation
b. The Challenge: Persuasiveness vs. mitigated speech
C. Factors for successful interrogation: the research.
5. Theme -Based Interrogation
a. Theme -Based Interrogation vs. Accusatorial Interrogations
b. Staying on Script: The problems with traditional interrogation
training and voluntariness.
C. Themes in context of custody and voluntariness.
d. Presumptive Closings. Effective sales techniques in interrogations.
6. Practical Exercises and Post -Testing
a. Post -testing of Legal, Interviewing, and Interrogation principles.
b. Demonstrate proficiency at developing the CTK interrogation plan.
C. Demonstrate theme -based interrogation skills.
7. Post -Admission Interviews
a. Cognitive Interviewing principles used to confirm the admission.
b. Corroboration: Negating the false confession defense.
C. Eliminating suspect defenses.
d. Voluntariness and Custody Issues in Interrogations.
8. Course Evaluation and CTK Web Site Resources.
D. Recommended Instructional Aids: CTK Course Manual, CTK Baseball Diamond,
CTK Interrogation Worksheet, projector (with audio), whiteboard, and screen.
Services Agreement - CoFW and The CTK Group Page 15 of 25
City Secretary Contract No.
Advanced Interview and Interrogation
24-hour Course Syllabus
I. UNIT OF INSTRUCTION: DAY ONE (8 HOURS)
A. Units of Instruction:
1. Criminal lnterropation: Current National Issues (1hr). This unit of
instruction is designed to provide an advanced level of interview and
interrogation background for detectives and officers by examining contemporary
issues in the United States and abroad. Officers will examine the historical
perspective of interview and interrogation, set the current context of issues in
the U.S., and examine how recent federally -funded research by the High -Value
Detainee Interrogation Group (HIG) affects forward progress. This unit examines
the Cognitive Interview, PEACE Method, and Conversation Management.
2. lnterropation Pre -Test (1hr): All students will take a 10-question
scenario -based video quiz focusing on U.S. Supreme Court legal decisions. This
quiz will address encounters common to investigators. Instructors will access
the students' current knowledge of relevant case law.
3. The CTK Plan: An Evidence -Based Approach (1hr). This unit of instruction
will identify the components that comprise The CTK Group's evidence -based
approach. This unit reinforces the model instructed in the Fundamentals course
and further develops the concepts as they relate to felony -level cases.
4. Voluntariness: Battleground 2021 (2hrs). This unit of instruction
examines the core concepts of voluntariness and the current issues. Officers will
demonstrate a working application of voluntariness principles through several
case study examples and identify techniques and tactics that are appropriate
under current volunatariness standards.
5. Custodv: Old Battlegrounds (1hr). This unit of instruction will further
develop skills learned in the Fundamentals Course as it relates to identifying
custodial issues and identify issues at suppression.
6. CTK Case Studv: Homicide. This unit will use a homicide case study that
demonstrates the two -prong approach by defense attorneys to suppress
confessions on custody and voluntariness issues.
B. Training Goals: By the end of this unit of instruction, students will be
Services Agreement - CoFW and The CTK Group Page 16 of 25
City Secretary Contract No.
able to:
Identify the origins and design flaws of interview and interrogation both
in the United States and abroad.
2. Recognize comprehension issues of current legal concepts
3. Identify the components of The CTK Group's Evidence -Based Interview
and Interrogation Plan.
4. Identify voluntariness and custody issues at suppression.
C. Recommended Instructional Aids: CTK Course Manual, CTK Pre -Test, projector
(with audio), whiteboard, and screen.
II. UNIT OF INSTRUCTION: DAY TWO (8 HOURS)
A. Units of Instruction:
1. Cognitive and Enhanced Cognitive Interview Skills (2 hrs): This unit of
instruction will identify the components of the Cognitive Interview,
Enhanced Cognitive Interview (ECI), and the Cognitive Interview for
Suspects (CIS) and demonstrate field application of the concepts.
Students will also apply the Strategic Use of Evidence, or SUE Technique.
2. Persuasion and Social Influence Tactics Mrs): Students will examine the
principles of social influence and persuasion as researched in sales and
marketing. Students will demonstrate working knowledge and
application of those principles to police interrogation tactics.
3. Juvenile Interrogation (4hrs): Students will explore the research on
juvenile brain development and how that effects juvenile interrogation
case law. Students will examine the concepts of custody and
voluntariness and how they are applied to juvenile interrogation.
Students will then examine and discuss case study examples of felony
juvenile interrogations.
C. Training Goals: By the end of this unit of instruction, students will be able
to do the following:
1. Identify and implement the components of rapport -building as identified
by the High -Value Detainee Interrogation Group.
2. Code and score recommended interview and interrogation tactics and
elements of social influence.
3. Demonstrate and apply principles of preparation and planning for
investigative interviews.
4. Evaluate Free Narratives
5. Identify and apply Unanticipated Requests in an investigative interview
Services Agreement - CoFW and The CTK Group Page 17 of 25
City Secretary Contract No.
6. Identify issues in juvenile brain development and demonstrate how those
effect Miranda comprehension.
7. Examine custody and voluntariness as it applies to juvenile interrogation.
8. Apply juvenile interrogation principles to juvenile case studies.
D. Recommended Instructional Aids: CTK Course Manual, CTK Baseball Diamond,
projector (with audio), whiteboard, and screen.
III. UNIT OF INSTRUCTION: DAY THREE (8 HOURS)
A. Units of Instruction:
1. Miranda and Invocations: Avoid the Pitfalls (2 hours): This unit of instruction
is designed to provide the student with the skills properly administer
Miranda rights and dispel many myths about its application. This unit will
address how to handle invocations in both custodial and non -custodial
settings; and how to handle re -initiation and re -approach of suspects in
custody.
2. False Confessions and False Confession Case Studv (2 hours): This unit of
instructions identifies risk factors for false confessions, typologies of false
confessions, and recommended best practices. This unit also identifies the
core components of a false confession defense by analyzing a false
confession expert's court testimony.
3. Interropation in Jails and Prisons (1 hours): This unit of instruction identifies
the legal considerations when interviewing inmates pending trial in county
jails and inmates adjudicated in state prisons. Students will learn relevant
case law as it applies to this situation.
4. Interropation Analysis of Felony -Cases: This unit walks the student through
the interview, interrogation, and analysis of felony -level cases using The CTK
Group's baseball framework.
5. Interropation Post -Test: All students will take a 10 questions scenario -based
quiz focusing on U.S. Supreme Court legal decisions.
C. Training Goals: By the end of this unit of instruction, students will be able
to do the following:
4. Identify the history and proper application of Miranda warnings
5. Demonstrate appropriate delivery of both Miranda and Beheler
warnings.
6. Identify legally valid invocations and demonstrate appropriate responses.
7. Recognize typologies of false confessions and develop an awareness of
risk factors that could lead to a false confession.
8. Identify defense attorney's strategy in false confession cases.
9. Address legal considerations for interviewing pre-trial inmates in county
jails and adjudicated inmates in prisons.
10. Examine a CTK Group felony -case study and evaluate the use of interview
Services Agreement - CoFW and The CTK Group Page 18 of 25
City Secretary Contract No.
and interrogation tactics inside The CTK baseball framework.
11. Complete the post-test.
D. Recommended Instructional Aids: CTK Course Manual, CTK Baseball
Diamond, CTK Interrogation Worksheet, projector (with audio), whiteboard, and
screen.
Services Agreement - CoFW and The CTK Group Page 19 of 25
City Secretary Contract No.
EXHIBIT B
FACILITIES USE REOUIREMENTS FOR THE BOB BOLEN PUBLIC SAFETY COMPLEX
1.0 LOCATION
1.1 Location. City does hereby grant to Contractor the use of certain space within the
following location for the purpose of conducting "Interview and Interrosation" and "Advanced Interview
and Interrosation" training ("Services") for law enforcement personnel ("Program Participants"):
1.1.1 Bob Bolen Public Training Safety Complex 505 W. Felix St. Fort Worth, TX
76115
The Bob Bolen Public Safety Training Complex shall be referred to as "Premises" throughout this
Exhibit.
1.2 Condition of the Premises. Contractor expressly acknowledges and agrees that it has
conducted a full and complete physical examination of the Premises and hereby accepts the Premises, AS
IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATEVER NATURE, EXPRESS OR
IMPLIED, IT BEING THE INTENTION OF CITY AND CONTRACTOR TO EXPRESSLY
NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED, IN FACT OR BY LAW,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF SUITABILITY, AND
THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR
PURPOSE, CONTAINED IN OR CREATED BY ANY APPLICABLE LAW.
2.0 USE OF THE PREMISES
2.1 Contractor may use the Premises to conduct the Services in accordance with the 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 Time on scheduled 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, or otherwise.
2.4 Contractor may bring onto the Premises any equipment reasonably necessary to further the
intended use of the Premises.
2.5 Contractor may not use any part of the Premises for any use or purpose that violates any
applicable law, regulation, 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 over 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.
Services Agreement - CoFW and The CTK Group Page 20 of 25
City Secretary Contract No.
3.0 HOLDOVER TENANCY
Holdover Tenancy. Unless terminated earlier pursuant the terms of the Agreement, the 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 the Agreement, Contractor
shall do the following:
4.1.1 Ensure that all Program Participants and any other individual using the Premises
comply with any and all policies, rules, and regulations governing the use of the Premises.
The City will provide a copy of any such policies, rules, and regulations within a reasonable
time after request by the Contractor.
4.1.2 Contractor and Program Participants shall not remain in the Premises beyond the
Contractor's approved hours, except in instances of eminent danger to the Program
Participants, severe weather conditions, emergencies declared by the City, and other
situations determined in the sole discretion of the City.
4.1.3 Notification of changes to Program schedules, including cancellation but
excluding emergencies or Force Majeure Events, must be provided to the City at least 24
hours prior to scheduled start time. In case of emergency or Force Majeure Events, the
Contractor must notify the City promptly upon learning of such emergency or Force
Majeure Events.
4.1.4 CONTRACTOR SHALL NOT USE THE PREMISES FOR ANY PURPOSE
NOT SET FORTH IN THE 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.
4.1.15 City will provide Contractor with necessary keys and security codes for access to
the Premises.
4.1.16 Contractor will notify City immediately if the security of the Premises is
compromised.
Services Agreement - CoFW and The CTK Group Page 21 of 25
City Secretary Contract No.
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
Contractor shall do no act or make any contract that may create or be the foundation for any lien
upon or interest in any City property. Any such contract or lien attempted to be created or filed shall be
void. Should any purported lien on City property be created or filed, Contractor, at its sole expense, shall
liquidate and discharge the same within ten (10) calendar days after notice from the City to do so. Should
Contractor fail to discharge the same, such failure shall constitute a breach of the Agreement, and the City
shall have the right to terminate the Agreement immediately. However, Contractor's financial obligation
to City to liquidate and discharge such lien shall survive following termination of the 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 the 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 the Agreement in as good or better condition as it existed at the beginning of the
Services or schedule time set forth in the Agreement and in which Contractor found them.
6.2 Contractor will not do or permit to be done any injury or damage to the Premises, or any
part thereof, or permit to be done anything that will damage or change the finish or appearance of the
Premises or the furnishings thereof or any other property belonging to the City by the erection or removal
of equipment or any other improvements, alterations, or additions. No decorative or other materials shall
be nailed, tacked, screwed, or otherwise physically attached to any part of the Premises, or to any of the
furnishings or fixtures of the City without the prior written consent of the City.
6.3 Subject to ordinary wear and tear, Contractor will pay the costs of repairing any damage
that may be done to the Premises or any of the fixtures, furniture, or furnishings by any act of Contractor
or any of Contractor's officers, representatives, servants, employees, agents, Program Participants, or
anyone visiting the Premises upon the invitation of the Contractor. The City shall determine, in its sole
discretion, whether any damage has occurred, the amount of the damage, the reasonable costs of repairing
the damage, and whether, under the terms of the Agreement, the Contractor is responsible. City shall be the
sole judge of the quality of the maintenance and/or damage of the Premises, furnishings, fixtures, or
Services Agreement - CoFW and The CTK Group Page 22 of 25
City Secretary Contract No.
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 the Agreement by written amendment.
7.0 FORCE MAJEURE
If either party is unable, either in whole or part, to fulfill its obligations under the Agreement due
to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades;
insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by
any court, board, department, commission, or agency of the United States or of any state; declaration of a
state of disaster or of emergency by the federal, state, county, or City government in accordance with
applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States
Department of Homeland Security or any equivalent alert system that may be instituted by any agency of
the United States; any arrests and restraints; civil disturbances; explosions; 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
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 the 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 the Agreement or pursuant to its governmental duties under federal,
state, or local laws, rules, or regulations. hi the event of an emergency, no advance notice from City is
required.
9.0 LICENSES AND PERMITS
Contractor shall, at its sole expense, obtain and keep in effect all licenses and permits necessary for
its operations.
10.0 ADDITIONAL DUTIES UPON TERMINATION
In addition to the duties described in the Agreement, Contractor shall comply with the following
upon termination or expiration of the Agreement:
Services Agreement - CoFW and The CTK Group Page 23 of 25
City Secretary Contract No.
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 (loth)
calendar day after the effective date of termination.
11.0 ACCESS
11.1 Contractor will only use areas of the Premises that are approved in advance by City.
11.2 Contractor will assure that Program Participants adhere to the Services hours set forth in
the Agreement. Earlier access may only be granted by prior written arrangement.
11.3 Program Participants shall not congregate or loiter in front of the main entrance of the
Premises or in the parking lot.
Services Agreement - CoFW and The CTK Group Page 24 of 25
City Secretary Contract No.
VERIFICATION OF SIGNATURE AUTHORITY
Execution of this Signature Verification Form ("Form") hereby certifies that the following individuals
have the authority to legally bind Contractor and to execute any agreement, amendment, or change order
on behalf of Contractor. Such binding authority has been granted by proper order, resolution, ordinance, or
other authorization of Contractor. City is fully entitled to rely on the warranty and representation set forth
in this Form in entering into any agreement or amendment with Contractor. Contractor will submit an
updated Form within ten (10) business days if there are any changes to the signatory authority. City is
entitled to rely on any current executed Form until it receives a revised Form that has been properly executed
by Contractor.
Name:
Position:
Signature
Name:
Position:
Signature
Name:
Position:
Signature
Name:
Tan Turbett
Jan Turbett (Apr 23, 202412:32 CDT)
Signature of President / CEO
Other Title: Owne
Date: Apr 23, 2024
Services Agreement - CoFW and The CTK Group Page 25 of 25