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sECViK SHELTER AGREEMENT
Agreement("Agreement") is made and entered into by and between the City of
Fort orth ("City"), a home-rule municipal corporation of the State of Texas, acting by and
through its duly authorized Assistant City Manager, and Fort Worth HOPE Center, Inc.
("HOPE Center"), a Texas non-profit corporation, acting by and through its duly authorized
President.
WHEREAS, in response to the state of emergency resulting from Hurricane Harvey in the
State of Texas, the City of Fort Worth has been requested to provide a variety of emergency
and recovery service resources to assist in disaster relief and recovery, including sheltering of
evacuees from the Texas coastal region; and
WHEREAS, the Mayor of the City of Fort Worth has determined that extraordinary
measures must be taken to alleviate the suffering of people and to protect public health and
safety and on August 28, 2017 the Mayor issued a Declaration of Disaster for the City of Fort
Worth;
WHEREAS, HOPE Center owns a facility located at 3625 E Loop 820 S, Fort Worth, TX
76119 ("Facility"); and
WHEREAS, City and HOPE Center desire to enter into a Shelter Agreement for the use of
Facility, which specifically allows City to use Facility for the purpose of segregated
sheltering of sex offender evacuees from the Texas coastal region and surrounding affected
areas.
NOW, THEREFORE, in consideration of the mutual covenant herein expressed, the City
and HOPE Center do hereby agree as follows:
1. Use of Facility: The purpose of this Agreement is to allow City to use the Facility
as a segregated shelter for registered sex offender evacuees from regions of Texas
affected by Hurricane Harvey.
2, Sheltering: HOPE Center will have primary responsibility for the operation of the
shelter and will designate a shelter manager to manage the sheltering activities. The shelter
shall be adequately staffed by HOPE Center with trained shelter personnel at all times.
HOPE Center shall ensure that the shelter area is a safe distance from children. All sex
offenders must be treated with dignity and provided with suitable lodging. The parties agree
that the sex offenders shall be monitored by security provided by City while in the shelter.
3. Term; Termination: This Agreement governs City's use of the Facility for an initial
thirty day period,beginning on August 30, 2017, and expiring on September 30,2017,unless
terminated earlier as provided herein. This agreement shall automatically renew for
additional thirty-day periods for so long as the emergency shelter shall be in operation.
4. Condition of Facility: City and HOPE Center will jointly conduct a pre-occupancy
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CITY SECRETARY
FT.WORTH,TX
survey of the Facility before it is activated as a shelter, and will jointly record in writing any
existing damage or conditions.
5. Services:
(a) Food Services: Upon request by the City,and if such resources exist and are
available, the HOPE Center will make the food service resources of the Facility,including
food, supplies, equipment and food service workers, available to feed the shelter
occupants.
(b) Custodial Services: HOPE Center will make its custodial resources, including
supplies and custodial workers, available to provide cleaning and sanitation services at the
shelter.
(c) Security: Security will be provided by City.
6. Nondiscrimination: HOPE Center, for itself, its personal representatives, successors
in interest, and assigns, as part of the consideration herein, agrees that no person shall be
excluded from participation in or denied the benefits of use of the Facility on the basis of
race, age, color, national origin, ethnicity, religion, disability, gender, sexual orientation,
familial status, transgender, gender expression, gender identity, or any other protected class
of people.
7. Signage and Publicity: The HOPE Center will not issue press releases or other
publicity concerning the shelter without the express written consent of the City. The
HOPE Center will refer all media questions about the shelter to the City.
8. Closing the Shelter: City will notify HOPE Center of the closing date for the
shelter. After the shelter is closed, the City and HOPE Center will j ointly conduct a post-
occupancy survey, and will record any damage or conditions.
9. Payment:
(a) City will pay the HOPE CentetOne Hundred Fifty Two and 00/100 Dollars($152.00)
oer day. Additionally, City will pay the HOPE Center a per diem amount of Fifly-Nine and 00/100
Dollars($59.00)per person for each day the person is sheltered in the HOPE Center. Collectively,the
amounts in this Section 9(a)shall be referred to herein as the"Payment".
(b) The HOPE Center will submit all invoices for Payment to the City no later
than 60 days after the shelter closes.
(c) The parties agree that the Payment is solely for the sheltering of evacuees
pursuant to this Agreement and no portion of the Payment shall have been for any sectarian
or religious activity. The HOPE Center retains its independence and may continue to carry
out its mission, including the definition, development practice, and expression of its religious
beliefs, provided that it does not request reimbursement or payment for any explicitly
religious activities (including activities that involve overt religious content such as worship,
religious instruction, or proselytization), or in any other manner prohibited by law. If HOPE
Center engages in explicitly religious activities (including activities that involve overt
religious content such as worship, religious instruction, or proselytization), the explicitly
religious activities must be offered separately, in time or location, from the programs or
activities supported by City payment or reimbursement and participation must be voluntary
for evacuees.
10. Insurance: The HOPE Center shall carry insurance coverage in the amounts of at
least $1,000,000 per occurrence for Commercial General Liability and Automobile Liability.
HOPE Center shall also carry Workers' Compensation coverage with statutory limits for the
jurisdictionwithin which the facility is located and$1,000,000 in Employers' Liability.
11. Indemnification, Liability: HOPE CENTER AGREES TO AND DOES HEREBY
DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS,
AGENTS, REPRESENTATIVES, SERVANTS, AND EMPLOYEES FROM AND
AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS, AND
EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR
PROPERTY DAMAGE OR LOSS (INCLUDING, BUT NOT LIMITED TO,
ALLEGED DAMAGE OR LOSS TO A BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO,
DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY:
(i)HOPE CENTER'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF
THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR
INTENTIONAL MISCONDUCT OF HOPE CENTER, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY),
SUBCONTRACTORS, LICENSEES, INVITEES, OR PROGRAM PARTICIPANTS
RELATED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OR THE
PERFORMANCE OF THIS AGREEMENT. THE INDEMNITY PROVIDED FOR IN
THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING
FROM THE SOLE NEGLIGENCE OF THE CITY, ITS OFFICERS, AGENTS,
EMPLOYEES, OR SEPARATE CONTRACTORS. IN THE EVENT OF JOINT AND
CONCURRENT NEGLIGENCE OF BOTH FWISD AND CITY, RESPONSIBILITY,
IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS.
It is further agreed that nothing in this Agreement shall constitute or be considered a
waiver by the City of Fort Worth of any defense of governmental immunity, where
applicable, or any other defense recognized by the Statutes and Court decisions of this State.
Notwithstanding anything to the contrary,this Section shall survive the termination or
expiration of this Agreement.
12. Independent Contractor: It is expressly understood and agreed that HOPE Center
shall operate hereunder as an independent contractor in each and every respect and not as an
agent, representative, or employee of City. HOPE Center shall have the exclusive right
relative to the terms of this Agreement and shall be solely responsible for the acts and
omissions of its officers, agents, servants, employees, separate contractors, subcontractors,
licensees, invitees, and program participants. HOPE Center acknowledges that the doctrine
of respondeat superior will not apply as between the City and HOPE Center, its officers,
agents, servants, employees, contractors, subcontractors, licensees, invitees, and program
participants. HOPE Center further acknowledges and understands that nothing in this
Agreement will be construed as the creation of a partnership or joint enterprise between the
City and the HOPE Center.
13. Notices: All notices required or permitted under this Agreement may be given to a
party personally or by United States First Class mail and addressed to such party at the
address stated below or to such other address as a party may specify in advance in writing.
Any notice given by mail shall be deemed to have been received on the date deposited in the
United States mail so addressed with postage prepaid:
CITY: HOPE Center:
City of Fort Worth HOPE Center
c/o Director Park&Recreation c/o Joann Reyes
Department �.Q¢(2 990
4200 South Freeway, Suite 2200 7011Q
Fort Worth,Texas 76115
14. Choice Of Law, Venue: This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. If any action, whether real or asserted, at law
or in equity, arises on the basis of any provision of this Agreement, venue for such action
shall lie in state courts located in Tarrant County, Texas or the United States District Court
for the Northern District of Texas—Fort Worth Division.
15. Applicable Law: The sheltering services herein shall be provided in compliance with all
applicable local, state, and federal laws.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
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CITY OF FORT WORTH
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Valerie ashington ' Q�m
Assistant City Manager
Approved s to Form and Legality:
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Leann Guzman lo )Sr.Assistant City AttorneyAttest: Uity eer a l;QUIRI:D
FO WO TH HOPE CENTER
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CITY SECRETARY
FT.WORTH,TX