HomeMy WebLinkAboutContract 48252 CITY SECRETARY
CONTRACT Ivo.
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=` Ir TEXAS CHRISTIAN UNIVERSITY
GENERAL FACILITIES AGREEMENT
NON-RESIDENTIAL CONFERENCES
This Agreement is made and entered into by and between Texas Christian University ("TCU"), located in Fort Worth,
Tarrant County, Texas, and the Sponsor listed below. TCU and Sponsor agree as follows:
I. SPONSOR AND EVENT:
Sponsor: City of Fort Worth
Sponsor's Address: 4200 South Freeway Suite 2200, Fort Worth, TX 76115, c/o Sandra Youngblood
Event: GradNation Campaign Summit
Dates of Event: October 10, 2016
Sponsor warrants to TCU that the information furnished in the Special Events Application submitted by Sponsor to
TCU in connection with the Event is true and correct.
II. FACILITIES EQUIPMENT AND SERVICES: Subject to and upon the terms and conditions contained in this
Agreement, TCU agrees to furnish to Sponsor the facilities and equipment and services as listed on the Facilities,
Equipment and Services.
III. CHARGES: Charges for the above Facilities, Equipment and Special Services are as follows:
Itemized Basic Charges for Non-Residential Facilities, Equipment and Special Services:
SOME FEES ARE WAIVED FOR THIS EVENT, THE TOTAL CHARGES FOR THIS EVENT ARE $2,275.00.
IV. PAYMENT:
A. Deposit. A deposit equal to the sum of the Basic Charges (for a total of$2,275.00.00 ) is due and payable
by OCTOBER 10, 2016. In the event Sponsor cancels prior to OCTOBER 10, 2016 Sponsor shall be
entitled to a refund of all deposits paid, less reasonable expenses actually incurred by TCU. The deposit
shall otherwise be non-refundable.
B. Balance. TCU will submit a statement to Sponsor for the remaining balance owing, and Sponsor shall
pay TCU the balance due within ten (10) days after receipt of the statement. All past due amounts shall
bear interest at the highest lawful rate until paid.
C. Special payment terms: NONE. OFFICIAL PREG t1 VA
V. CONDITIONS: CITY SECREETARY
A. The obligations of TCU under this Agreement are conditioned upon: �FT- WORTH, !K �
1. Timely receipt of the Deposit in good funds;
2. Receipt by TCU, not less than twenty (20) working days before the beginning of the
scheduled Event, of a certificate or other satisfactory proof of the liability and all other insurance
coverage required herein;
3. Receipt by TCU, not less than five (5) working days before the beginning of the scheduled
Event, of written certification that all persons, in a position that involves direct contact with a
person under the age of eighteen years of age, have completed a Campus Program for Minors
Training and Examination Program on Sexual Abuse and Child Molestation approved by the
Texas Department of State Health Services;
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4. Compliance by Sponsor with its warranties and obligations herein; and
5. Availability of the Facilities.
B. In the event that TCU buildings, property or facilities shall be destroyed or substantially damaged by fire
or other casualty, or in the event that other circumstances render the fulfillment of this Agreement by TCU
impractical or impossible, or in the event that TCU is closed due to weather, TCU shall be excused from
performance hereunder, and Sponsor shall be obligated to pay only for those services, activities and
events which shall have occurred prior to said casualty or circumstance. To the extent that the Sponsor
has already submitted payment hereunder, TCU shall refund such payment within thirty (30) calendar
days after said casualty or circumstance.
VI. NO WARRANTIES:
Except for those conditions that Sponsor provides TCU written notice of prior to taking possession of the
Facilities, TCU makes no warranties or representations, either express or implied, or arising by operation of law,
with regard to the condition of the facilities or equipment and Sponsor expressly acknowledges that Sponsor has
thoroughly inspected and is accepting the facilities and equipment for its use for the Event on an "AS
IS," "WHERE IS," and "WITH ALL FAULTS" basis. Notwithstanding anything to the contrary, to the extent that
TCU has any knowledge of any issues concerning the condition of the Facilities to be used by the Sponsor, then
TCU shall disclose such issues to Sponsor prior to the time the Sponsor takes possession of the Facilities and
such issues shall be excluded from any warranty or representation disclaimers by TCU set forth herein.
VII. INSURANCE INDEMNIFICATION AND LIABILITY
A. The City of Fort Worth is basically a self-funded entity subject to statutory tort laws. The City does not
maintain a commercial policy of general liability insurance and/or auto liability insurance. Damage for
which the City of Fort Worth would ultimately be found liable would be paid directly by the City of Fort
Worth and not by a commercial insurance company. City owned property is covered under the City of
Fort Worth Fire and Extended coverage program by a commercial insurance policy. Statutory workers'
compensation insurance, coverage is self-funded to the $750,000.00 retention limit per incident over
which commercial coverage responds with no upper cap; and, employer's liability coverage is maintained
at the$1;000,000.00 policy limit.
B. INDEMNIFICATION. TCU AND SPONSOR AGREE TO INDEMNIFY, PROTECT, DEFEND AND HOLD
HARMLESS EACH OTHER AND THEIR REPSECTIVE EMPLOYEES, REPRESENTATIVES,
OFFICERS, AGENTS, AND SERVANTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS AND
EXPENSES, (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS' FEES AND COSTS
OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION ARISING OR ALLEGED TO ARISE
BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY COVENANT OF EACH
REPSECTIVE PARTY UNDER THIS AGREEMENT OR BY REASON OF ANY OTHER CLAIM
WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR ALLEGED TO BE OCCASIONED IN
WHOLE OR IN PART BY ANY ACT OR OMISSION ON THE PART OF EACH RESPECTIVE PARTY
OR ANY EMPLOYEE, DIRECTOR, OFFICER, SERVANT, OR CONTRACTOR THEREOF, OR
ANYONE THE PARTIES CONTROL OR EXERCISE CONTROL OVER.
C. Workers' Compensation.
See Section A. above.
D. Sponsor acknowledges and agrees that all of Sponsor's employees, representatives, and agents, are
under Sponsor's direct and complete supervision and control and are the sole responsibility of Sponsor.
To the extent allowed by law, Sponsor agrees to reimburse TCU for any damages or loss, beyond
reasonable wear and tear, resulting from the use of the facilities and equipment by Sponsor, its
employees, independent contractors, guests, invitees and/or participants. Nothing contained herein shall
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ever be construed so as to require Sponsor to create a linking fund or to access, levy and collect any tax
to fund its obligations hereunder.
E. Sponsor and TCU acknowledge and agree that neither Sponsor nor TCU, nor any of Sponsor's or TCU's
employees, independent contractors, agents, guests, invitees or participants will at any time be
considered employees, agents or independent contractors of the other as a result of the use of the
Facility for the Event.
F. TCU assumes no responsibility for damage to or loss or theft of any personal property or equipment of
Sponsor or of its employees, independent contractors, agents, guests, invitees or participants before,
during or following the Event.
VIII. CONDUCT AND COMPLIANCE WITH LAWS AND REGULATIONS:
A. Sponsor shall adhere to, and shall cause its employees, independent contractors, agents, guests, invitees
and participants to adhere to, all TCU policies, regulations and guidelines applicable to the conduct of the
Event and to the use of the facilities and equipment. Sponsor acknowledges receipt of a copy of such
policies, regulations and guidelines, and same are incorporated herein by reference as Exhibit B.
Sponsor shall cooperate and coordinate at all times with TCU's Campus Police in enforcing regulations
and in internal security and theft control.
B. Sponsor shall conduct the Event in an orderly manner and in full compliance with all applicable laws,
ordinances and regulations.
C. Sponsor shall use the facilities and equipment for no purpose other than the Event.
D. TCU retains control over the facilities, equipment and services provided, and reserves the right: (i) to
enter any room or facility for the purpose of inspection, repair or emergency; and (ii) to revoke the
campus privilege, including utilization of any of its facilities, of any occupant or other person whose
conduct, solely in TCU's reasonable opinion, becomes injurious or is potentially injurious to the university
community or is otherwise objectionable.
E. TCU represents and warrants that the Facilities that are the subject of this Agreement are in compliance
with the Americans with Disabilities Act of 1990, as amended, and all rules and regulations promulgated
thereunder ("ADA"). The Sponsor shall comply with the ADA with respect to: (a) the policies, practices,
procedures and eligibility criteria employed by the Sponsor; (b) the provision of auxiliary aids and services
(i) in areas designated for the exclusive use or within the control of the Sponsor and (ii) required for the
specific activities of the Sponsor; (c) architectural, communications and transportation barriers created by
or within the control of the Sponsor; and (d) any violation of wheelchair seating requirements, to the
extent that the Sponsor exercises control or direction of seating in any assembly area. In recognition of
the limitation on TCU's capacity and obligation to provide auxiliary aids and services, the Sponsor agrees
to give TCU reasonable prior notification of the number and type of such aids and services as may be
required by attendees of the Event. TCU, in turn, agrees to promptly notify the Sponsor of the extent to
which such needs exceed TCU's ADA obligations and capacity. Sponsor shall bear the responsibility to
provide any aids or services in excess of TCU's ADA obligation, and, to the extent allowed by law, losses
and expenses incurred by TCU (including attorneys' fees and costs) based upon the failure of the
Sponsor to comply with the ADA in accordance with the foregoing. Nothing contained herein shall require
the Sponsor to retrofit the facilities that are the subject of this Agreement or make any material
improvements to the facilities.
IX. MISCELLANEOUS:
A. Sponsor agrees that every minor child shall present upon their arrival a medical release for hospital
treatment or treatment by a physician, signed by one or both of the child's parents or legal guardian, to
allow for treatment should an accident or an injury occur. Sponsor agrees to maintain said parental
releases in Sponsor's possession throughout the Event. The cost of any medical services to participants
in Sponsor's event is not the responsibility of TCU.
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B. Sponsor shall provide the TCU Conference Services Office with a schedule of all events including time
and place by no later than SEPTEMBER 27 2016. No advance materials shall be shipped to TCU prior
to five (5) working days before the scheduled Event begins. Sponsor shall provide TCU's Conference
Services Office with advance copies of proposed advertising materials, and TCU's name shall not be
used in any advertisement without TCU's prior written approval.
C. This Agreement contains the entire agreement between TCU and Sponsor and may only be amended by
a written instrument signed by both parties. Each provision of this Agreement is severable and if one
portion is invalid or illegal, such invalid or illegal portion shall not apply, but the remaining portions shall
nevertheless remain in full force and effect. This Agreement shall inure to the benefit of and be binding
upon the parties hereto and their respective heirs, personal representatives, successors and assigns,
provided that Sponsor may not assign any interest in this Agreement to a third party without TCU's prior
written consent.
D. This Agreement shall be governed, construed and enforced under the laws of the State of Texas, and
venue with respect to any dispute arising between TCU and Sponsor that involves in any way this
Agreement shall be exclusively in Tarrant County, Texas.
E. In the event it becomes necessary for either party to institute any action at law or in equity to enforce its
rights and obligations hereunder, the parties shall be entitled to recover from each other reasonable and
necessary attorney's fees that are equitable and just, together with any other damages allowed by law.
F. TCU is an equal opportunity institution and subscribes to all requirements of federal law which prohibits
discrimination in respect to students, employees, applicants or University programs on the basis of sex,
race, color, national origin, age, religion, disability or veteran or other legally protected status.
G. This Agreement is not binding until it is countersigned by TCU. TCU will honor its terms, rates and
availability of facilities and services for fourteen (14) days from the date this Agreement is deposited in
the mail addressed to Sponsor or from the date it is otherwise delivered to Sponsor. Thereafter, this
Agreement will be subject to change and to availability. Failure of Sponsor to sign and return this
Agreement so as to be received by TCU by no later than SEPTEMBER 27, 2016 will render this
Agreement void and of no effect.
H. The failure of TCU to insist upon strict and prompt performance of any of the covenants and conditions of
this Agreement shall not constitute or be considered a waiver or relinquishment of TCU's right thereafter
to enforce such covenant or condition in the event of a continuous or subsequent default on the part of
Sponsor.
I. Any terms and conditions that are the subject of any constitutional or statutory limitation, including, but not
limited to, disclaimers, warranties, waivers, indemnification, and attorney's fees, will only be binding on
Sponsor to the extent permitted by the Constitution and the laws of the State of Texas. Nothing contained
in the Agreement shall ever be construed so as to require the Sponsor to create a sinking fund or to
access, levy, and collect any tax to fund its obligations.
J. Nothing contained herein shall be construed as a waiver of any defense or immunity to which the Sponsor
is entitled under Texas law.
X. COMPLIANCE WITH TEXAS EDUCATION CODE SECTION 51.976.
In accordance with Texas Education Code Section 51.976 and Texas Christian University policy, Sponsor
shall require any person in a position that involves direct contact with a person under the age of eighteen
years of age to successfully complete a Campus Program for Minors Training and Examination Program
on Sexual Abuse and Child Molestation approved by the Texas Department of State Health Services.
Sponsor's authorized representative shall certify in writing, in the manner required by Section V. A. 3.,
that all persons in a position that involves direct contact with a person under the age of eighteen years of
age have completed a Campus Program for Minors Training and Examination Program on Sexual Abuse
and Child Molestation approved by the Texas Department of State Health Services.
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We, the undersigned, do hereby enter into this Agreement, as witnessed by our signatures below, effective as of the date
inserted by TCU below its signature.
TEXAS CHRISTIAN UNIVERSITY City of Fort Worth
By: By: ti
Ma h w L.iWal;lii— ') Susan Alanis
Director of Contract Administration Assistant City Manager
Date: Date:
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APPROVED AS'TO FOR AND LEGALITY.
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ADDENDUM#1
Addendum to Agreement between
Texas Christian University and "Group"
Addendum Provisions
ADD the following clause(s).-
Permitted
lause(s):Permitted Media Coverage. GradNation is permitted to allow media coverage of its event inside
the Brown-Lupton University Union (`BLUU") provided that the entirety of the media coverage
remains within the BLUU and no media member covers the event without the presence of a
GradNation/City of Fort Worth PR Team Member. Under no circumstances shall media coverage
be allowed within or adjacent to any TCU Residence Hall.
This addendum contains or has attached hereto all revised terms and conditions agreed
upon by contracting parties.
IN WITNESS THEREOF,this addendum is signed and entered into on the date indicated
below:
City of Fort Worth(Signature) (Date)
Name:
Title: -4 f C.f-y
Texas ishan ni eRF rsity(Signature) (Date)
Name: ,S
Title:
OFFICIAL RECORD
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APPROVED AS To FORM kiD LEGALITY. FT. WGIRTH9 TA
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Asslsta City Attorney
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