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Home My WebLink About064485 - General - Contract - FBI-Leeda, Inc.64485 City Secretary Contract No . .__ ____ __, PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT This PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("City"), a home-rule municipal corporation, acting by and through William Johnson its duly authorized Assistant City Manager, and FBI-Leeda, INC. ("Contractor"), acting by and through, its duly authorized representative. 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 include the following: 1.This Professional Services and Facility Use Agreement; 2.Exhibit A -Scope of Services; and 3.Exhibit B-Facilities Use Requirements. Exhibits "A" and "B" which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits "A" or "B" and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1.0 SCOPE OF SERVICES Contractor will host and conduct various trainings to advance the science and art of law enforcement leadership and promote the exchange of information to improve law enforcement management practices through training, education, and networking among police professionals across the United States. The Contractor will conduct various training sessions over the life ofthis agreement. For each day of training, Contractor shall provide the training from 8:30 am to 4:30 pm, Central Time. Contractor shall, in accordance with the terms of this Agreement and Exhibit B, be allowed use of Classroom 1233 or 1166 at the Bob Bolen Public Safety Training Complex located at 511 W. Felix Street, Fort Worth, Texas 76115 ("Premises") to provide the Services to both City and outside, non-City law enforcement personnel. The scope of services to be provided by Contractor is further described in Exhibit A. Each course includes five sessions, Monday through Friday from 8:30 am to 4:30 pm. The minimum course enrollment for use of the facility is twenty-two (22) participants. If the enrollment minimum is not met, the parties agree to confer in good faith regarding whether to reschedule or cancel the Services. PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT-FBI Leeda Page 1 of25 2.0 TERM The Initial Term of this Agreement is for one (1) year, beginning on the date that this Agreement is executed by the City's Assistant City Manager ("Effective Date"), unless terminated earlier in accordance with this Agreement. City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a"Renewal Term"). 3.0 COMPENSATION 3.1 Facility Use Fee. The Facility Use Fee charged to Contractor is waived for the consideration outlined in section 3.3. 3.2 Enrollment Fee. The standard fee that Contractor charges participants for each five-day training course is Seven Hundred and Ninety-Five Dollars ($795.00) per student ("Enrollment Fee"). City shall be responsible for paying the Enrollment Fees of City personnel as applicable. No guarantee has been made as to the minimum number of city enrollees. 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. 33 Exchan�e of Value. In lieu of a cash exchange, City and Contractor agree that consideration for the use of the Premises listed above by Contractor is as follows: for the training of up to fifty (50) outside, non-City law enforcement personnel, Contractor will provide the City with one (1) free training session for every ten (10) paid registrants, for a total of five (5) no-cost enrollment seats. Contractor and City agree that the provision of these enrollments to the City without the Enrollment Fee represents fair and equitable consideration in lieu of the Facility Use Fee described in Exhibit B. 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. However, Contractor will be subject to the cancellation fees listed in Exhibit B of this Agreement. 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 �he 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 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 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 PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 2 of 25 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 5.1 City Duties. In addition to any other duties and responsibilities set forth in this Agreement, City shall: 5.1.1 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. 5.1.2 Report training hours to the Texas Commission on Law Enforcement (TCOLE) for all City of Fort Worth participants who have a valid TCOLE PID number. The Contractor must, within 10 days after completion of the course, provide the Instructor Biography and Course Syllabus/Schedule to facilitate reporting. 5.2 Contractor Duties. In addition to any other duties and responsibilities set forth in this Agreement, Contractor shall: 5.2.1 Provide at least one (1) qualified instructor ("Instructor") for the training program who will facilitate the Services. 52.2 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. 5.2.3 Provide City a list of necessary audio/visual equipment needed at least two (2) weeks prior to the start of Services. The City agrees to notify contractor of any equipment that is not available within two (2) days of receiving the Contractor's list of necessary equipment. 5.2.4 Provide each registered course participant with a course registration confirnlation, course materials, supplies, and a certificate of completion pertinent to the subject areas to be covered. 5.2.5 Provide certificates of completion within seventy-two (72) hours of the City's submittal of the final roster. Certificate of completion to include: Participant Name, Course Name, Course Date, and Total Training Hours. 5.2.6 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. 5.2.7 Provide notification of changes to Program schedules, including cancellation but excluding emergencies or Force Majeure Events, to the City at least 24 hours prior to the scheduled PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 3 of 25 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. 52.8 Not use the premises for any purpose not set forth in this agreement, including, but not limited to, conducting any unauthorized business. 5.2.9 Report any maintenance or repair needs to the City as soon as practicable. 6.0 CARE OF THE PREMISES 6.1 Generallv. Contractor, at Contractor's own expense, shall keep the Premises and maintain all equipment and other property of City in a safe, sanitary, sightly condition and in good repair during all Services or scheduled time set forth in this Agreement. Contractor shall restore and yield said Premises, equipment, and all other properties belonging to the City back to City at the expiration of the Services or scheduled time set forth in this Agreement in as good or better condition as it existed at the beginning of the Services or scheduled time set forth in this Agreement and in which Contractor found them. 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 tixtures of the City, without the prior written consent of the City. 6.2 Payment for Dama�e to Premises. 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 this Agreement, the Contractor is responsible. City shall be the sole judge of the quality of the maintenance and/or damage of the Premises, furnishings, fixtures, or furniture by the Contractor. The costs of repairing any damage to the Premises shall be immediately due and payable by the Contractor upon Contractor's receipt of a written invoice from City. 6.3 Signa�e. Subject to the prior written consent of the City, Contractor may place any signs within the Premises necessary to indicate Contractor's name and location. Any sign shall be prepared and installed by the Contractor, at the sole cost of Contractor, in accordance with applicable rules and regulations of the City and in keeping with the Premises' decor. Any special requirements of Contractor contrary to the above must be made a part of this Agreement by written amendment. 7.0 DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 4 of 25 7.1 Disclosure of Conflicts. Contractor hereby warrants to City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to City in writing. 7.2 Confidential Information. Contractor, for itself and its officers, agents, and employees, agrees that it shall treat all information provided to it by City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of City. 7.3 Unauthorized Access. Contractor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete, or otherwise corrupt City Information in any way. Contractor shall notify City immediately if the security or integrity of any City Information has been compromised or is believed to have been compromised, in which event Contractor shall in good faith use all commercially reasonable efforts to cooperate with City in identifying what information has been accessed by unauthorized means and shall fully cooperate with City to protect such City Information from further unauthorized disclosure. 7.4 Public Information Act. 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 shall 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. 8.0 ACCESS The access granted to Contractor pursuant to this Agreement shall be limited to the property defined as Premises in Section 1.0 of this Agreement. Contractor and all associated non-City employee program participants shall be escorted by a City employee at all times while on Premises. The City employee escorting Contractor must be authorized to access Criminal 7ustice Information Services ("CJIS") protected data. If Contractor is authorized to access CJIS protected data, no escort is required. 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 sets 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. 9.0 SAFETY GUIDELINES Contractor shall follow all safety guidelines applicable to use of the Premises and ensure that all Program Participants and any other individual using the Premises comply with any and all policies, rules, and PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 5 of 25 regulations governing the use of the Premises. To ensure the safety and security of all participants, no weapons containing live ammunition shall be accessible on �he premises. The Safety Officer may remove anyone from the building if they fail to follow any posted safety/warning sign(s) or are deemed to be unsafe. The City will provide a copy of any such policies, rules, and regulations within a reasonable time after request by the Contractor. 10.0 CONDITION OF THE PREMISES Contractor expressly acknowledges and agrees that it has conducted a full and complete physical examination of the Premises and hereby accepts the Premises, AS IS, WHERE IS, AND WITHOUT ANY WARRANTIES OF WHATEVER NATURE, EXPRESS OR IMPLIED, IT BEING THE INTENTION OF CITY AND CONTRACTOR TO EXPRESSLY NEGATE AND EXCLUDE ALL WARRANTIES EXPRESS OR IMPLIED, IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OF SUITABILITY, AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, CONTAINED IN OR CREATED BY ANY APPLICABLE LAW OF THE STATE OF TEXAS. 11.0 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 peltinent 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. 12A INDEPENDENT CONTRACTOR It is expressly understood and agreed that Contractor shall operate as an independent contractor as to all rights and privileges and work performed under this Agreement, and not as agent, representative or employee of City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, consultants, and subcontractors. Contractor acknowledges that the doctrine of respondeat superio� shall not apply as between City, its officers, agents, servants, and employees, and Contractor, its officers, agents, employees, servants, contractors, and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that City shall in no way be considered a co-employer or a joint employer of Contractor or any officers, agents, servants, employees, or subcontractors of Contractor. Neither Contractor, nor any officers, agents, servants, employees, or subcontractors of Contractor shall be entitled to any employment benefits from City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself and any of its officers, agents, servants, employees, or subcontractors. PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 6 of 25 13.0 LIABILITY AND INDEMNIFICATION 13.1 LIABILITY- CONTRACTOR SHALL BE LIABLEAND RESPONSIBLE FOR ANYAND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDINGDEATH, TOANYANDALL PERSONS, OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CA USED B Y THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 13.2CERTAIN USES ON THE PREMISES WILL REQUIRE INDIVIDUAL WAIVERS FROM EACH PARTICIPANT. IN ADDITION, INDIVIDUAL PARENTAL WAIVERS WILL BE REQUIRED FOR YOUTH EVENTS. ALL WAIVERS MUST BE SUBMITTED FOURTEEN (14) CALENDAR DAYS PRIOR TO THE EVENT. CITY IS NOT RESPONSIBLE FOR ANY DAMAGES, INJURIES, OR DEATH RELATED TO USE OF THE PREMISES. CONTRACTOR IS REQUIRED TO HAVE A PRE- AND POST-WALKTHROUGH WITH CITY STAFF, INCL UDING FACILITY ADMINISTRATIVE STAFF AND AN IT LIAISON (AS REQUIRED) FOR EACH EVENT. IF APPLICABLE, A LIST OF DAMAGES DISCOVERED ON THE POST-WALKTHROUGH AND AFTERWARD WILL BE SUBMITTED TO THE PREMISES' ADMINISTRATIVE OFFICE AND CONTRACTOR SHALL BE SUBJECT TO PAYMENT FOR THE DAMAGESAS REQUIRED HEREIN. 13.3 GENERAL INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESSAND DEFEND CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY JUND OR CHARACTER, WHETHER REAL OR ASSER TED, FOR EITHER PROPER TY DAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING O UT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS, AGENTS, SER VANTS OR EMPLOYEES. THIS INDEMNITY PROVISION (INCL UDING, WITHOUT LIMITATION, INDEMNITYFOR COSTS, EXPENSESAND LEGAL FEES) IS SPECIFICALL Y INTENDED TO OPERA TE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CA USED AS A WHOLE OR IN PAR T B Y ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, INTENTIONAL CONDUCT, OR ANY OTHER CONDUCT WHATSOEVER OF THE CITY. INTELLECTUAL PROPERTYINDEMNIFICATION- CONTRACTOR AGREES TO DEFEND, SETTLE, OR PAY, AT ITS OWN COST AND EXPENSE, ANY CLAIM OR ACTIONAGAINST CITYFOR INFRINGEMENT OFANYPATENT, COPYRIGHT, TRADE MARK, TRADE SECRET, OR SIMILAR PROPERTYRIGHT ARISING FROM CITY'S USE OF THE SOFTWAREAND/OR DOCUMENTATIONINACCORDANCE WITH THIS AGREEMENT, IT BEING LINDERSTOOD THAT THIS AGREEMENT PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 7 of 25 TO DEFEND, SETTLE OR PAYSHALL NOT APPLYIF CITYMODIFIES OR MISUSES THE SOFTWARE AND/OR DOCUMENTATION. SO LONG AS CONTRACTOR BEARS THE COST AND EXPENSE OF PAYMENT FOR CLAIMS OR ACTIONSAGAINST CITYPURSUANT TO TIDS SECTION, CONTRACTOR SHALL HA VE THE RIGHT TO COND UCT THE DEFENSE OF ANY S UCH CLAIM OR ACTIONAND ALL NEGOTIATIONS FOR ITS SETTLEMENT OR COMPROMISE AND TO SETTLE OR COMPROMISE ANY SUCH CLAIM; HOWEVER, CITYSHALL HAVE THERIGHT TO FLILLYPARTICIPATE INANY AND ALL SUCH SETTLEMENT, NEGOTIATIONS, OR LA WSUIT AS NECESSARY TO PROTECT CITY'S INTEREST, AND CITYAGREES TO COOPERATE WITH CONTRACTOR IN DOING SO. IN THE EVENT CITY, FOR WHATEVER REASON, ASSUMES THE RESPONSIBILITYFOR PAYMENT OF COSTSAND EXPENSES FOR ANY CLAIM OR ACTIONBROUGHTAGAINST CITYFOR INFRINGEMENT ARISING UNDER TIDSAGREEMENT, CITYSHALL HAVE THE SOLE RIGHT TO COND UCT 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 CITYIN DEFENSE OF SUCH CLAIM OR ACTION. CITY AGREES TO GIVE CONTRACTOR TIMELY WRITTEN NOTICE OF ANY SUCH CLAIM OR ACTION, WITH COPIES OFALL PAPERS CITYMAY RECEIVE RELATING THERETO. NOTWITHSTANDING THE FOREGOING, CITY'S ASSUMPTION OFPAYMENT OF COSTS OR EXPENSES SHALL NOT ELIMINATE CONTRACTOR'S D UTY TO INDEMNIFY CITY UNDER THIS AGREEMENT. IF THE SOFTWARE AND/OR DOCLIMENTATION OR ANYPART THEREOF IS HELD TO INFRINGE AND THE USE THEREOF IS ENJOINED OR RESTRAINED OR, IFASA RESULT OFA SETTLEMENT OR COMPROMISE, SUCH LISE IS MATERIALLY ADVERSELYRESTRICTED, 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 MODIFICATIONDOES NOT MATERIALLYADVERSELYAFFECT CITY'S A UTHORIZED USE OF THE SOFTWARE AND/OR DOCUMENTATION; OR (C) REPLACE THE SOFTWAREAND/OR DOCUMENTATION N'ITHEQUALLY SUITABLE, COMPATIBLE, AND FUNCTIONALLY EQUIVALENT NON- INFRINGING SOFTWARE AND/OR DOCUMENTATION AT NO ADDITIONAL CHARGE TO CITY; OR (D) IFNONE OF THE FOREGOINGALTERNATIVESARE REASONABLYAVAILABLE TO CONTRACTOR, TERMINATE THIS AGREEMENT AND REFUND ALL AMOUNTS PAID TO CONTRACTOR BY CITY, SUBSEQUENT TO WIDCH TERMINATION CITY MAYSEEKANYAND ALL REMEDIES A VAILABLE TO CITY UNDER LA W. 14.0 ASSIGNMENT AND SUBCONTRACTING 14.1 Assignment. Vendor will 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, PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 8 of 25 the assignee will execute a written agreement with City and Vendor under which the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement. Vendor and Assignee will be jointly liable for all obligations of Vendor under this Agreement prior to the effective date of the assignment. 14.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute a written agreement with Vendor referencing this Agreement under which subcontractor agrees to be bound by the duties and obligations of Vendor under this Agreement as such duties and obligations may apply. Vendor must provide City with a fully executed copy of any such subcontract. 15.0 INSURANCE Vendor must 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 Services pursuant to this Agreement: 15.1 Coverage and Limits (a) Commercial General Liability: $1,000,000 - Each Occurrence $2,000,000 - Aggregate (b) Automobile Liability: $1,000,000 - Each occurrence on a combined single limit basis Coverage will be on any vehicle used by Vendor, or its employees, agents, or representatives in the course of providing Services under this Agreement. "Any vehicle" will be any vehicle owned, hired and non-owned. (c) Worker's Compensation: Statutory limits according to the Texas Workers' Compensation Act or any other state workers' compensation laws where the Services are being performed Employers' liability $100,000 - Bodily Injury by accident; each accident/occurrence $100,000 - Bodily Injury by disease; each employee $500,000 - Bodily Injury by disease; policy limit (d) Professional Liability (Errors & Omissions): $1,000,000 - Each Claim Limit $1,000,000 - Aggregate Limit PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 9 of 25 Professional Liability coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage must be claims-made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance must be submitted to City to evidence coverage. 15.2 General Requirements (a) The commercial general liability and automobile liability policies must name City as an additional insured thereon, as its interests may appear. The term City includes its employees, officers, officials, agents, and volunteers in respect to the contracted services. (b) The workers' compensation policy must include a Waiver of Subrogation (Right of Recovery) in favor of City. (c) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage must be provided to City. Ten (10) days' notice will be acceptable in the event of non-payment of premium. Notice must be sent to the Risk Manager, City of Fort Worth, 100 Fort Worth Trail, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (d) 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. (e) Any failure on the part of City to request required insurance documentation will not constitute a waiver of the insurance requirement. (fj Certificates of Insurance evidencing that Vendor has obtained all required insurance will be delivered to the City prior to Vendor proceeding with any work pursuant to this Agreement. 16.0 COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS Vendor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this Agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist from and correct the violation. 17.0 NON-DISCRIMINATION COVENANT Vendor, for itself, its personal representatives, assigns, contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of any individual or group PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 10 of 25 of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS, SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. 18A NOTICES Notices required pursuant to the provisions of this Agreement will be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: To VENDOR: City of Fort Worth FBI Leeda Attn: Assistant City Manager 5 Great Valley Parkway, Suite 359, 100 Fort Worth Trail Malvern. PA. 19355 Fort Worth, TX 76102 With copy to Fort Worth City Attorney's Office at same address 19.0 SOLICITATION OF EMPLOYEES Neither City nor Vendor will, during the term of this Agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds to a general solicitation of advertisement of employment by either party. 20.0 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. 21.0 NO WAIVER The failure of City or Vendor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or Vendor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 22.0 GOVERNING LAW / VENUE PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page ll of 25 This Agreement will 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 will lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 23.0 SEVERABILITY If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 24.0 FORCE MAJEURE City and Vendor 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 ar 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; 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 of the United States or of any States; civil disturbances; other national or regional emergencies; or any other similar cause not enumerated herein but which is beyond the reasonable control of the party whose 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 hindrance, provided the affected party provides notice of the Force Majeure Event, and an explanation as to how it prevents or hinders 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 the notice section of this Agreement. 25.0 HEADINGS NOT CONTROLLING Headings and titles used in this Agreement are for reference purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 26A REVIEW OF COUNSEL The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement, E�iibit A, and Exhibit B. 27.0 AMENDMENTS / MODIFICATIONS / EXTENSIONS No amendment, modification, or extension of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is executed by an authorized representative of each party. 28.0 ENTIRETY OF AGREEMENT PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 12 of 25 This Agreement, including Exhibits A and B, contains the entire understanding and agreement between City and Vendor, 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. 29.0 COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute one and the same instrument. 30.0 WARRANTY OF SERVICES Vendor warrants that its services will be of a high 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 Vendor's option, Vendor will 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 Vendor far the nonconforming services. 31.0 IMMIGRATION AND NATIONALITY ACT Vendor must 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, Vendor will provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for violations of this provision by Vendor. 32.0 OWNERSHIP OF WORK PRODUCT City will be the sole and exclusive owner of all reports, work papers, procedures, guides, and documentation that are created, published, displayed, or produced in conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary rights in and to the Work Product. Ownership of the Work Product will 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 will 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, Vendor 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 PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 13 of 25 claim, lien for balance due, or rights of retention thereto on the part of City. 33.0 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 entity. This Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each party is fully entitled to rely on these warranties and representations in entering into this Agreement or any amendment hereto. 34.0 CHANGE IN COMPANY NAME OR OWNERSHIP Vendor must 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 Vendor or authorized official must sign the letter. A letter indicating changes in a company name or ownership must be accompanied with supporting legal documentation such as an updated W-9, documents filed with the state indicating such change, copy of the board of director's resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the specified documentation may adversely impact invoice payments. 35.0 NO BOYCOTT OF ISRAEL If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor 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 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" has the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 36.0 PROHIBITION ON BOYCOTTING ENERGY COMPANIES If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2276 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 that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (Z) will not boycott energy companies during the term of this Agreement. 37.0 PROHIBITION ON DISCRIMINATION AGAINST FIREARM AND AMMUNITION INDUSTRIES PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 14 of 25 If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that eXcept as otherwise provided by 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 that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor 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. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor'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. 38.0 GOVERNMENTAL ENTITY PAYMENT SOURCE If Contractor is a governmental entity, each party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying party. 39.0 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 or facsimile transmission) of an original signature, or signatures electronically inserted via software such as Adobe Sign. (signature page follows) (remainder of this page intentionally left blank) PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 15 of 25 CITY CITY OF FORT WORTH By: LJL 9L Name: William Johnson Title: Assistant City Manager Date: 12/18/2025 APPROVAL RECOMMENDED: By: Dav4i Carabaja ec 18, 2025 10:01:07 CST) Name: David Carabajal Title: Executive Assistant Chief ATTEST: By: Name: Jannette S. Goodall Title: City Secretary Contractor FBI-Leeda, INC. By: Name: Michael D. Robinson, Sr Title: Chief Operation Officer Date: December 17, 2025 PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT 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. J<atvi ee By: Kathryn Agee (Dec 18, 2025 09: . 3 CST) Name: Kathryn Agee Title: Senior Management Analyst APPROVED LEGALITY: AS TO FORM /I�� By: Name: Amarna Muhammad Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C:N/A Date Approved: Form 1295 Certification No.: NIA AND Page 16 of25 EXHIBIT A SCOPE OF SERVICES Command Leadership Institute A�end� Camrnand �eade�ship Institut� * � Mond�y • 8:30am -?130arrt N: .:.:�. .:: Int�oduction to C�m�n�r�d Le�der�hi� - 1�:3Oam -�;OOpm � L�nch on ya�r awn • 1:00pm - 4:OOpm � �. .�;:�_�±* �- Introductio� to Cor-nman�k �e�c�ership Tuesday ,��1. � �- ��.: �t �� - � ��' �'lSi ��-��" ■ 8:30am- 9:3�am ��eaders�ipJaurna� Disc�s�aon (� �� cantinuedj ■ 9.3�am -11:34am � } �: _•:: �--•��. .'� �eam Buildir�g for Effectiveness & �reativity � 1i:3Oai-rk -�:OOpm � Lursch on �ro�� aw� - 7:O��rm - 4.�Opm �'. �.. _.. Feam Buildin� for Effiecti�reness 8� Creat3vity 1N�C� r1 �S� � jf - 8:30arrti-9:3Uarn N �ead2rs�ipJaurna9 Discuss�cr� ( �. � . co�rtinued� • 9:3�am - 11:3�am � '-^ � . . . Ethi�al anri �omm�nd Decisirn•Ivl�king � 1�:3�am - i:00pm j Lua�ch on yaur own • 1:�Oprn - 4.00pm � ' � �� . �: Ethrca3 anei Commancf Decisia�-Making Th u rsd a� - 8:30arri - 93�arn ��ead�rs�ip 7aurnai Disc�ss��n (� �. } cor�tinued) � 9s3�am - 11:30am �;�..� �s�..l._ ': Cor�trnand L�a�ers�tip Part II � 1�:3�arrt -�:OOpm � Lunch on �a�� ow� • 1:��m - 4:40pm �. . ' Resilienf Leaders�ip Frid��r • 8;30am- 9:3�arn � �ead�rs�tipJaurna� Discus��o� ( . . � , c�neinued} • 9:30am -1�:30pm ��w{,�:: .:� Le�ding Che Ch��ienging Ernployee `Tnis ��en�a rs ��ec� to c±�ane�e. � F8I Law Enfarcemen# Execuxive DevelopmentAssaci�tio�► ■ 5�roat V�Ilcy Parsnvay, 5u�te 359, F+ialv�rfl. F�A 19355 � Tel: 977.Ti277i2 � F�x ��0 ��,-4.3193 ��.��,rv.w.fia:�e¢�d�.or� . _�.�etCxr.�rc�acF+',�.ar;>iG�:rc,VJrr•onFrC/�[t�rylOr,7,'.7:4']ri�7rMY�t�i4;tiU''iJihE�.Ai]P'+JJtlt��-'�7��inirtt:.�r}7f+k�nt:V��r��5in�[SD:;i_�1� PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 17 of 25 Executive Leadership Institute �genda Ex��utive Lead�rs�ip I��t�tute * � Iv1�t1C��1 � 8:30am -17:3Oarr► N�� .. Poli�e �eac��rs�ip ir� the 2��` Cen��r�r - 1�:30��n -�:�Oprn � Lur�ch on yaur ow� � 7:DOpm - 4:OOpm � . . . � � .: �;� �� P��ice Le�der�hi� Cn ti�e �li` Centu�y TU�SC��/ � 4�� `�� f - r�3� � - 8;30am - 9:30am � �eaders�tipJourna� Discuss�an (:-',:,�:. continued� - 9:3�am -11:3�am �^,� ��.. Build�r�g Trust ar�d Proc�dural .7ustrce - 1�:30am -�;�Oprn � Lur�ch �n your owr� - 1:�Oprr� - 4:OOpm �'�' Builrl�ng Trust a�d P�oc�dura! �ustice W�(� f1 �S� �� - 8:30am - 9:3�am N Leader��ipJautna� Discussian (`-f..��:,.:.. :: c�ntinued) - 9:3�a�rn - 11:3Qam �'�'�.�w;:.: i�_ 5trategic Pl�nn�r�g - 1�:3�a�n - �:OOprn � Lur�ch �n �our own • 1:OO�m - 4:40pm � . ;�� . Ern�to�ree We!lness an�! �fi�icer Safety Thursda�r - 8:30am - 9:3Dam � Leader��FpJour�al Dis�+��sior� (�Y.°,-:..:....�;� �:. ::} ; : �-: cont3�ued� ■ 9:3DarrE - 11:3Qart7 � � �: , _ .. - ° : Future Trenc�� in Poiicrng - 1�:3�am - 1zO0pm � Lu�ck� on �our own ■ 1:OOpm - �+:�Opm � � . � � TF�e Persor�nel CrFsiS= �etrs�i�in�, Hiring, �n� �2etent��n Frida�r - 8:30�m - 93Dam � ��aders��p.7ournal Disc�ss�at� ( � . � � . �ont�r�u2cf� - 9•3Dam -1�;30prn � ��{.-;�:1�. �1: Emotaona! ar�d Sac�al Int�lligence *7his ��rr1a rs s�r��ect to chonge. ■ FBI Law Enf4rcement Execu#i�e �Qvelapment Assoriatiaa � _� Creat Vallcy F�aescway, 5uito 359, Ma[ver:�_ PA 19355 � iel: �377.7?�.?712 � Fa� 61G.G443193 � vrr,��_fbEiaeba.org c �__`�]:+r�_ 3CFn':.�;-�;f1��[,Y,i;��J��A-rC�J.=�.,�pn':.I��lrDf}i��rrA-[1�f,'r.iC:r..=i!g•rl'B�Ir.4��.:�'�r . ;�r,7nt;qC��}�.;OriSCN.,hG�. PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 18 of 25 Managing and Conducting Internal Affairs Investigations i�l� � 1"1 C� � M�r��i�g a�d Conduc�Er�g Internal Af�a�rs ��restig�ti�ns * �; 1►��nc�ay - �:30am - �1�30am N .,� . , �� Introdurti�r� - 1�:30am - 1�00pm � Lur�ch an �aur owr� - 1:D�pm - 2:DDpm N ' ��. � � � Ir�tr�ciuction - �:DOptri - 4:3Dprn � : :� : Ke� Coracepts T1.��5Ci��l � 8:30am -�1�30am � �.:�:. Internal Affairs Po�icies ancf �rocec�ures - 1�:3Dam -�:40pm � Lur�ch on yaur owr� � 1:DOpm - 4:3Opm � Coa-n�l�int Pr�cessing 1N�Cf�1�5��]I F�=�� .••. �.� > �� }-:� -�:_ � �,- �� ,� �� w�s� 1 � • 8:30am - t13D�rrt N...- ,, ��: Technology irnplications irt A�ministr�tive In�restig�[ion5 - 1�,3Dam -�:40prn � Lunch on your owri • 1:DOpm - 4:3Oprn � � In�estigataor� of Misc�nd+�ct Th u rsd a� • 8:30am - �7:3Dam N � _ . � 1Nor�Cplace 5earch Basics • 1�:3Dam - �:OOpm � �unch on �our own • l:O��m - 4:3Dpm ��.-:. . �� The D�scip�ir�a�y Pracess Frid��r - 8:30am-�2:30prrs � �� . . . En�anced P�actical S�enaraas ' 7�is ageficfa rs se.�bject to change, . F8� Law Enf�rcemen# E�ecuti�e De�elopment Assoria#saa ■ 5�.'aFEc7L Vr3IIE`}� P3F�4VJc7jf, SLJII2 �5�, Phakvern. PA 19355 � Tel: 877.772.771� � Fax 510.544.319?, � v.ti•.�w,fbileeda.org _' �E�� nc. r, cL:•,.si_• 5i�7ir.ti'3J+�on�prc.Sa�uJpri��,qr: ��:A7�_.�[;ir,CN� .7• r•it. �'_�Je'.71 �.'i�rECi� �7f �r-.�E61�f]�+M �v xfi.�r� �n its t+ehQ7f PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 19 of 25 Media and Public Relations ��nd� Nl�d�a and �ublic ��atio�s * .� M�nc�ay � 8:30am - 17:.3�am N � . Public P2rception ar�d t�e Mer�ia � 71:30a�-n -�:OOpm � Lur�ch on you� awn � 7:OD�rn -�;3Dpm �:�;c�-.: .� : Puk�lic Perce�tion anci t�e Ev1ed€a Tu�sc��y � 8:30am -�1:3�arr� N ..:,�.:=uk=� -': M�di� R�lations ■ 11;3�am - �;OOpm � Lunch on �our own � 1:OOpr�n - �+;3Dprrw � � � � M�dia Refata�ns W�C� f� �SC��f ' 8:30��71 — 11:.3��"fF � � � � � . . :�. �f3S15 �OCI"Iff1 Ul"YiG�I30r15 � 11:3�a�n - �:�i0pm � Lu�ch on �rour owr� - 1:ODprn - �+;3�prm � '.;: �.. . .:: Crisis ��mmunicat��ris Th u rsda� � �:30am - i1:3�� 5ocial M�c�ia • 11:3Oa�m -�:�Opm � Lu�ch on your own • 1:DOprn - 4:30pm � � So�i�� Mecfia Frida�r , 8.30am -1�:3��m N : . � : �: � . : . ::: B�ingir�g it A�I Togethe� in �risis �� . � ' �� ;ti y . � _ l.JS''. ' 7�his ogenclo rs subjeci to change. ■ �`BI Law E nfor�emen# �xecu��e Development Associat'son ■ S Great Valley Parltway, Suite 359, Makve�en. PA19355 � Te1:877.772.7772 � Far��10.64�43193 �+nrti�r�_fbile�da.oeg � t}� �€E[Yi +rtc �s v A'r.�vte 51d7�CN,iJ fsPn �GrG�`.'y9pr�zff; 7r. ofs�+s n[i &v�- Cd dhc 1'[�2��' Btif?ol. df 1r.1iFt��nix•n w vco,�y7 ar ,[s tehv�f PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 20 of 25 EXHIBIT B FACILITY USE REQUIREMENTS BOB BOLEN Pl[BLIC SAFETY TRAiNING CENTER Rental Fees & Policies 509 W. Felix Street Fort Wortq, 7'X 76] a5 (817) 39Z 6875 or (817] 39Z-6874 Reservations for the meeting and training faci[ities at the Bob Bolen Public 5afety Training Center (BBPSTC) can he booked out a maximum of 6 months, Use of the facifities by the Fort Worth Fire Department (F�rVFn) or the Fort Worth Pofice Department (FWPD) may supersede other group bookings with at keast 10 days of notice provided (except in ihe case of emergencies and natural disasters where advance notice may not 6efeasible). Please Read the Following: 1. Event Holder shall comply with all laws (fecferal, state and local) inc€uding all ordinances of the City of Fort Worth and rules, regulations and requirements of the Fire and Police Departments. Violations of these laws and the rental policies listed beEow rnay result in the immediate termination of this rental agreement and forfeiture of any and all reservation fees and could result in the Event Hofder nai being al€owed to rent BBPSTC in the future. 2. Persons making the reservation should specify the exact time BBPSTC is needed. Admittance shall not 6e made prior to the time specifietl. If reservation extends beyond the designated time, additional rental and staff time charges will he assessed in haff- hour increments. 3. The number of guests shall be restricted to the maximum capacity of each space. 4. Pricing and policy requirements are subject to change without notice. For reservations, contact BBPSTC administrative stafiat: 817-392-6875 or817-392-6874 BBPSTC Hours of Oneration Meeting Facilities: Monday-Friday, 8a-Sp Fire Driil Grounds: Tuesday-Thursday, Sa-Sp Event Booking Office: Manday-Friday, 9a-4p After Hours (Subject to Staffing Availability): Daily, 7a-8a and Sp-lOp BBPSTC is closed the following hofidays: New Year`s Day, Martin Luther King Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, the cfay after Thanksgiving, and Christmas. POINT OF CONTACT: Each event rzquesY must have a designated point of contact (POC) who is a City of Fort Worih employee. The POC must agree to this policy and acknowledge the conditions set forth herein. The POC is responsible for the administrative needs of the event; set-up and dean-up; the condition of Yhe rented space after use including returning furniture and other items to their original position, repairing any damages or additional cleaning that may be required; and notifying BBPSTC administrative staff of any requests to cancel or reschedule a planned event. If audio/visual equipment is to be used during the event, the POC should also coordinate a time prior to the event to compiete an orientation on the equipment. The person iistec! as the POC shall be the sole contaet person for purpose oF this agreement. PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 21 of 25 RESERVATION APPROVALS: No oral agreements for use of BBPSTC, grounds, or additional rooms shall be valid. The Fire Training Deputy Chiefor the Police Chief or assigneeshallreviewand approve reservation requests. Some reservation requests may also require approval by the Fire Department's Executive Staff or the Police Department's Executive Staff, including youth events. No rental contracts are valid unless approved, signed and dated by the appropriate staff person. RENTAL FEES: All facilities are booked a minimum of 4 hours, which includes all set up and clean up time for your event. For added set up and clean up time, additional time may booked in half-hour increments for $30 per half-hour, up to a maximum of two additional hours for set up and clean up. Rental fees for the meeting facilities and Fire Drill Grounds are as follows: Facility Name �/z Day Full Day � Notes (9 hours) Auditorium Multi-Purpose Room (max. 245) Lobby Lounge Classroom 1283 (max. 18] Classroom 1266 {max. 24) Classroom 1261 �max. 37] Classroom 1258 {max. 38) Classroom 1275 (max. 38) Classroom 1277 (max. 38} Classroom 1214 (max. 50) Classroom 1264 (max. 51) Simulator 1266 �max. 24� Comouter Lab 1267 (max. 24 8-Story Tower - Live Burns 8-Story Tower - No Burns Radio Tower Warehouse Simulator Aquatics Simulator Flashover Chamber Vehicle Fire Prop Class A Burn Lab - Live Burns Confined/Trench Space 5650 � y1,080 $710 I �1,180 $710 � $1,180 $325 � 5540 FIRE MEETING FACILITIES 3285 $475 $285 y475 3285 $475 Incl. use of Lobby/Lounge/Kitchen Incl. use of Lounge/Kitchen Incl. use of Kitchen 5285 $415 $285 $475 $285 $475 g425 $710 $425 g710 $325 $540 $485 $810 FIRE DRILLGROUNDS* $1,200 $2,000 $600 $1,000 $600 $1,000 $450 $750 $360 5600 g720 $1,200 $1,020 $1,700 $1,020 $1,700 3450 g750 fire Additional Incl. use of burn props, propane, Radio Tower, SCBA compressor Incl. use Radio Tower, SCBA compressor Does not include materials Incl. fuel,travel/delivery (If reguested� Incl. use of burn props, SCBA compressor (materialsprovided at cost� Supplies not included Instructor/Trainer Safety Officer $75/hour per person $75/hour per person 'Based on the number of attendees and planned training activities, additional instructors and/orsafety office�s may be required in order to comply with IVFPA 1403 at the Event Holder's cost. In such instances, the Sta�ng Rates wi!! apply. Materiaf costs will be based on current market rates. PROPT SSIONAI, S1 RVICFS AND PACiI,iTY USI AGRI T MI NT Pagc 22 of25 Classroom 1134 (max. 35) Classroom 1135 (max. 35) Computer Lab 1142 (max. 24) Computer Lab 1146 (max. 24) Classroom 1166 (max.48) Classroom 1233 (max. 48) $285 $285 $285 $425 $475 $475 $475 $710 Classroom 1416 Weapons Range $285 $475 Area jmax. 32� Classroom 1426 Weapons Range Area jmax. 48� $425 $710 Classroom 1439 Weapons Range $285 $475 Area (max. 32) Firing Range # 1(50 yard, 40 lane) $650/hour (4 hour minimum required) f Firing Rangc # 2(25 yard, S lanc) Firing Range # 3(25 yard, 301ane) Firing Range # 4(100 yard, 10 lane) Tactical Village Driving Track Use of Force Simulator � 5125/hour (4 hour minimum rcquired) $425/hour (4 hours minimum required) $165/hour (4 hour minimum required) $100/hour $100/hour $65/hour Police Additional Staffing Police Officer � $68/hour per person IT Liaison I $68/hour per person Police Instructor I $75/hour per person 'Janitorial I $11/hour per person *Police Stipulations * Rnnm 7735 is availahle fnr use after Spm ($3�(1/4 hnurs if apprnved fnr use) "`Specialized areas are charged per hour � "Janitorial - Recommends 2 staff inembers per every 175 guests "ForP0110E License Fees that are stated on a per day basis, ond Licensee ogrees to pay the Jull daily License Fee, even if ony orall of the respedive Spoce are used for a portion of a doy. NOT£: A!1 rental fees and deposits a�e due in full at time of boeking and moy be poid by credit/debii cord. Prices Irsted obove are subjec[ to change. Base rotes listed above do not include overtime fees crdeposits. !n the case of City of Fort Wonh departments, only non-Generof Fund departments will be charged fees jor space reservations. Generol Fund depaitments wi!! only be charged where supplementalJees are required jor extra services such os jonitorial, security, etc. RESCHEDULING AND CANCELLATION REQUESTS: Requests to cancel or reschedule an event should be sent to BBPSTC administrative staff in writing at least 14 calendar days before the original event date. Events may be rescheduled to a later date within six months of the original date based on space availability. A reschedule fee of $SO per rented space will apply. Cancellation refunds shall be as follows and may take up to 8 weeks to process: 6 weeks or more prior to event Refund 75% of rental fee 2-6 weeks prior to event Refund 50% of rental fee Less than two weeks prior to event No refu nd Cancellation due to inclement weather Reschedule or Refund 75% of reservation fee POLICE MEETING FACILITIES** - i� 1 $285 � $475 � � $300/4 hours only after5pm) PROFESSIONAI, S1 RVICF,S AND PACTLITY USE AGRTT MI NT Pagc 23 of 25 �VERTIME FEES: After hours staffing rates may apply for events taking place after 5pm and/or on weekends. PAYMENT: Payments may be made by debit or credit card or check. A reservation booked under false pretenses will be canceled and will �oid any refunds of your payment. DECORATIONS AND EVENT SIGNAGE: Event hoider shall not he permittecl to nail, tac�C, screw or othervaise physically aitach rr�aterials to any part of BBPSTC, including the ceiEing, walls, window ireatments, fixtures, windows, etc. All decorations and signage must be on a tablearfreestandiny. In addition, no paint sprays, glitter, canfetti, shoe polish aropen fiames may be used in any part of BBPSTC. This includes items such as candles, hurricane torches or lanterns. Battery operated candles are permissible. Alf ta6[es, decorations, displays, etc. must be arranged so that clear and unabstructed pathways (as de#ermined by BBPSTC) are maintained througho€it all areas of the facility. Emergency exits cannot be 6iocked. The POC is required to suhmit a proposed plan for decorations and event signage to BBPSTC administrative staFf for review and approval a minimum of I4 calendar days priar to your �vent. Once this proposal has b�en appraved, notice of any changes, adds, and/or moves will be required 48 hours prior to event. TABLES: Classroom spaces are reser�ed as-is. No moving of tables, chairs, or equipment. Multi-purpqse Room rental fees include the use af tables and chairs. Our table sizes vary. pur tables and chairs may not be taken outside, The POC is required to suhmit a set up diagram to BBPSTC administrative staff for review and approval a minimum of 14 calendar days prior to your event. Once this diagram has been approved, notice of any chang�s, adds, andlor moves will be required 48 hours prior ta event. Changes, adds, and/or moves requested on- site will be charged a$50 Change Fee. Tables and chairs will be set up by the Event ilolder at their own risk and expense. DANCIiVG ANd MUSIC: Dancing is not allowed. Musie, including live bands and D35, may be permitYed under limited circ�mstances in the Multi-Purpose Room and Lobby with preapproual frorn BBPSTC administrative staff. Space fior music greatly reduces the maxirr►um capacityof these rooms. Noise levels must not disturb other building guesEs as determined by BBPSTC administrative staff. Noise violators are subject to immediate remo�al from grounds without refund. BBPSTC reserves the right to limit music �olume and song content. IT, �UND & A/V EQUIPh1ENT: The POC and any other persons responsihle for making audio-vis�al arrangements for ihe event will need to schedule time to meet with a member of BBPSTC administrative staff at least 7 calendar days prior to the e�ent. BBPSTC daes not provide audio equiprnent or extension cords, You should notify us of your A/V needs when you rent the room. Microphones, lecterns, projectEon screens, may be available for use on a limited basis at an additional charge to the E�ent Holder. An IT Liaispn will be availalale to assist witf� operator errors, but staff is not available to fix malfunctioning equipment. Event Holders requiring access to computers and/or the internet may b� required to compleie a separate Network Access Ag reemeni. FOOU & BEVERAGES: EvenCs providing food and/or beverages must have prior approval from BBPSTC administrative staff at least 14 calendar days in advance of your event. All food and beverages must either �e prepared by an esta6Eished caterer and/or restaurant or packaged in its original retail packaging. Rental of a raom does not guarantee private use of the catering kitchen, as it is a shared kitchen with all BBPSTC paYrons. Cleaning items, utensils, etc. are not furnished when utilizing the kitcher�s. You are responsii�ie for makiny sure the kitchen/catering area is clean after yaur rental. Na items may be left ir� BBPSTC after the specified rental period. 5torage space is not provided except during rental times. Please discuss this informatian with your caterer. Food and drinks are not allowved in the Computer La6 and A�ditarium. Only be�erages with covered lids are ailowed in the Classrooms and Fire Drill Grounds. PROFESSIONAL SERVICES AND FACILITY USE AGREEMENT Page 24 of 25 PHOTOGRAPHY: Photography must be approved by BBPSTC prior to the event. There is no charge for photography during a scheduled event in your scheduled area. PARKING: Self-parking is available in the Main Parking Lot ONLY. Occasionally multiple events are held at BBPSTC which result in additional traffic and limited parking availability. We endeavor to inform you of any such events that are planned for the same date and time as your event and their potential impact so that you may plan accordingly. Regardless of impact, you will be bound by the terms of your rental contract and these regulations. OTHER INFORMATION: • We are a non-smoking facility. No smoking permitted, including e-cigarettes, in the building. Ashtrays are available in the designated areas. • No animals will be permitted in BBPSTC except for service animals currently onduty. • Non-employee licensed open/concealed firearms are prohibited at the BBPSTC. • Vehicles are NOT permitted to drive over curbs, sidewalks, or on any areas other than those designated as road or parking spaces at any time. • Limited storage space is available. Please contact the BBPSTC administrative staff for more information. Staff may sign for deliveries but will not be responsible for them. Decorations, equipment, or supplies must be removed from the building at the end of the rental period. . Any activity, meeting, etc., which BBPSTC administrative staff deems as detrimental to the facilities will not be permitted, BBPSTC reserves the right to exclude any groupor individual deemed to be a risk to the City of Fort Worth and/or BBPSTC property or interests. • No children's partieswill be scheduled. Should an event be booked under false pretenses, all deposit funds will be forfeited. • BBPSTC is a secured facility. All visitors are required to enter through the metal detectors located at the main entrance. . Inquiries regarding the accessibility for those with disabilities should be directed to BBPSTC administrative staff at (817) 392-6875. I confirm by signature below, that I have read and understand the rules and regulations stated herein governing facility use, and agree to abide by all rulesand assume financial responsibility for any damages to the facility andequipment. Organization Name Name of Event Event Date POC Printed Name POC Phone Number POC Signature Date POC Mailing Address City State Zip POC Email Address A signed contract and payment of the rental fee and deposit is required to confirm your event booking PROFESSIONAI, S1;RVICtiS AND PACTLITY USE AGRTEMENT Pagc 25 of 25 City Secretary’s Office Contract Routing & Transmittal Slip *Indicates the information is required and if the information is not provided, the contract will be returned to the department. Contractor’s Name: Subject of the Agreement: M&C Approved by the Council? *Yes No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes No If so, provide the original contract number and the amendment number. Is the Contract “Permanent”? *Yes No If unsure, see back page for permanent contract listing. Is this entire contract Confidential?*Yes No If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If different from the approval date. If applicable. Is a 1295 Form required?* Yes No *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number:If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes No Contracts need to be routed for CSO processing in the following order: (Approver) Jannette S. Goodall (Signer) Allison Tidwell (Form Filler)