The URL can be used to link to this page

Home My WebLink AboutContract 48781:-..� _ ��:;= 1` f� - ;� REC�IVED s ��; , _ ;�:�� :,;�� ,; cino��oRrwoRrf� ��,� CITYSECRBTARY CI1'1� SECRETARY �� CONTRACT N0, A�reement between the Northwest Independent School District and City of Fort Worth This Agreement ("Agreement") is entered into between the Northwest Independent School District ("DistricY'), and City of Fort Worth ("Host"). The District is an Independent School District organized under the Texas Education Code Chapter 11. City of Fort Worth is a municipal corporation organized under the laws of the State of Texas whose address is 1000 Throckmorton, Fort Worth, Texas 76102. I. Purpose The purpose of this Agreement is to allow the District to utilize Host's Facilities, located at Fire Station #41, 11400 Willow Springs Road, Fort Worth, TX 76052, to assist the faculty, staff, students and families within the District in the event of a public emergency. During such an emergency, it may be necessary to house, shelter or otherwise utilize Host's Facilities for large numbers of people in the area served by the District. Prior experience with emergency situations has shown that facilities such as those of the Host's Facilities are well suited to this activity because: 1) their location is known to large numbers of individuals within the community; 2) they have large assembly areas; and 3) they have other necessary facilities such as refrigeration and restrooms. The District has concluded that the Host possesses facilities that are qualified to serve as facilities for shelter if necessary. The Host desires to be of assistance to the District in the event of a public emergency, and agrees to make its Host's Facilities available for purposes of gathering and/or shelter, under the terms set out below. The District and the Host have concluded that this contemplated use of the Host's Facilities constitutes a"governmental function" of the District. Page 1 of 8 � -��FICIAL REC�1�� CITY S�CR�Ti4RY 1?. WtfRTH, 'TX II. Public Emergency This agreement will go into effect only if: The Superintendent or other public emergency authority declares that a public emergency exists which may be associated with a natural disaster or man-made disaster or other emergency situation. III. Obligations of the District 1) To the extent practicable, the District will give the Host as much notice of its need to use the Host's Facilities under this Agreement. The District will attempt to provide in advance, the following information in the notice to the Host: 1) the reason for use of the facilities, in accordance with the terms of this Agreement; 2) the name of the individual authorizing the implementation of this Agreement under Section II above; 3) the type of facilities needed; 4) the capacity the District anticipates it will need to accommodate; and 5) any special needs/requests of the District in relation to the Host's performance under this Agreement. 2) The District will supply or arrange for a11 equipment and personnel necessary for staffing, security, crowd control and other tasks, except as described in section IV below. 3) The District will be responsible for disposal of any and all supplies and equipment utilized during its use of the Host's Facilities, including but not limited to the disposal of waste. 4) The District will seek reimbursement for the Host from any applicable governmental entity to pay for costs incurred by the Host while acting in accordance with this Agreement. The Host understands the District may not Page 2 of 8 receive reimbursement from any governmental entity, or from any other source for costs incurred by the Host in performing under this Agreement. The District shall be responsible, to the extent allowed by law, for any damage to property belonging to Host as a result of its use under this Agreement. Any compensation paid shall be an amount that fairly compensates the performing party. The amount to be paid to the Host, if any, will be paid from current revenues, including amounts received as reimbursement from any governmental entity. The parties must agree in writing as to the amount that "fairly compensates" the Host under this provision. Failing such written agreement, the Host does not waive the right to contest the compensation paid by the District under this provision. 5) The District is responsible for the acts and negligence of its officials, officers, agents, employees or volunteers, to the extent allowed under state and federal law. IV. Obligations of the Host 1) The Host is responsible for allowing the use of, and access to, its facilities and all utilities and equipment normally associated with its use as school facilities. The Host has the discretion to determine which facilities the District will access under this Agreement, provided the facilities accommodate the needs of the District as identified in the District's written notice under Section III above. The Host understands and acknowledges, however, that an emergency as contemplated under Section II may arise too rapidly to provide notice under Section III, above. In such an event, Host understands that the District, by this Agreement is granted the right to enter Host's property by entry through the key-coded access gate to Page 3 of 8 gain access to the Host's facilities. Host shall ensure that District has the access code for the gate at all times during the term of this Agreement. 2) The Host is responsible for providing use of all rooms, fixtures, and equipment existing at the Host's Facilities that the District regards as necessary for on site use during the period of the emergency. 3) The Host will provide at least one volunteer, as available and as practical, on-site during the period of emergency use with access to the rooms, fixtures and equipment described above. 4) The Host is responsible for the acts and negligence of its employees or volunteers, to the extent allowed under state and federal law. 5) Notwithstanding anything herein to the contrary, District acknowledges that Host provides public safety functions in and through the facilities, and as such, all or part of the facilities may not be available for use by District at all times, nor will persons employed by Host be present at all times. Further, District acknowledges that Host shall, at all times, have control over the use of the facilities. District shall ensure that during its utilization of the facilities that all District employees, students, visitors, and volunteers entering the facilities will comply with instructions given them by on-site Host personnel. V. Term This Agreement may be canceled by either party at any time, with or without cause, by giving thirty (30) days written notice to the other party, otherwise it remains in effect from the date of execution of this Agreement until such time as it is terminated by either party as provided above. Notwithstanding anything herein to the contrary, nothing Page 4 of 8 contained herein shall ever be construed so as to require Host to create a sinking fund or to access, levy and collect any tax to fund its obligations under this paragraph. VI. Good Faith Negotiation and Dispute Resolutiou Whenever a dispute or disagreement arises under the terms of this Agreement, the parties agree to enter into good faith negotiations to resolve such disputes. If the matter continues to remain unresolved after good faith negotiations by the parties, then the matter shall be referred to non-binding outside mediation with a mediator approved by both parties. This provision is mandatory, unless an expedited hearing is needed to prevent the loss, or potential loss, of human life, and shall be a condition precedent to the filing of any litigation by either or both parties. VII. Assignability / Consent Except as otherwise provided herein, or except as may be hereafter determined by the parties, no party to this Agreement may sell, assign, or transfer its interest in this Agreement, or any of its right, duties, or obligations hereunder, without the prior written consent of the other party. Whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay, or deny such consent or approval. VIII. Notice Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be by personal delivery; sent by registered mail or certified mail; or by U.S. Mail, return receipt requested, postage prepaid; to: Host: City of Fort Worth Aitn: Rudy Jackson 1000 Throckmorton Fort Worth, Texas 76102 Page 5 of 8 With a copy to: City Attorney's Office Attn: Leann D. Guzman 1000 Throckmorton Fort Worth, Texas 76102 District: Northwest Independent School District Office of the Superintendent 2001 Texan Drive Justin, Texas 76247 Notice shall be deemed to have been received on the date of receipt as shown on the return receipt or other written evidence of receipt. IX. Modification No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received as evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed by both parties. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. X. Savings / Severability In the event that any one or more of the provisions hereof contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not effect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. Page 6 of 8 XI. Governing Law and Venue This Agreement shall be construed under and governed by, and in accordance with the laws of the Sta.te of Texas, and all obligations of the parties hereto, created by this Agreement are performable in Tarrant County, Texas. Venue of any suit or cause of action under this Agreement shall lie exclusively in Tarrant County, Texas. XII. Entire Agreement This Agreement and the e�ibits attached thereto, if any, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof, and supersedes any prior understandings or written or oral agreements between the parties with respect to the subject matter of this Agreement. No amendment, modification, cancellation or alteration of the tertns of this Agreement shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. XIII. Waiver of Terms and Conditions The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. XIV. Authority of Parties This Agreement is made by and entered into by the duly-authorized officials of each respective entity. Page 7 of 8 XV. Captions The captions contained in this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. XVI. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and constitute one and the same instrument. � � �: ;. EXECUTED this, the �_"� - day of �C 4:�' I,1� , 201�': City of Fort Worth s� By: ( ��i Title: ,'SI S�t^�' Gi � �GV�o� A�B� bYe J. Northwest ISD � - - � •� � �... - - - - Board President �� , � �o� � U/� ,� :��o �;� ��°� :� �ecr� �� /�r\"'•..S . 'r7. � gY� 1Q1(X�e L+qdi�0.J�l\8id� �iFFICIAL RECCR� CI'�'Y' �E�RETARY ', �"% V�+DRT�, TX Page 8 of 8 City of Fort Worth Contract Compliance Manager: By signing I acicnowledge that I am the person responsible for the monitoring and administration of this contract, including ensut•ing all performance and reporting requirements. --� �-c;� � Name of Employee A� 5 c s�-�-� �-- c.� �� Title