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HomeMy WebLinkAboutContract 36590t' [ CITY SECRETARY CONTRACT NO. LICENSE AGREEMENT WITH TARRANT COUNTY COLLEGE DISTRICT THIS AGREEMENT is made and entered into by and between the City of Fort Worth, a home rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas (hereinafter referred to as "City") acting by and through the Director of the Parks and Community Services Department (hereinafter referred to as "Director") and Tarrant County College District, a public two year community college serving the Fort Worth area in Tarrant County, Texas, (hereinafter referred to as the "TCC") acting by and through the College President (hereinafter referred to as "President"). SECTION 1. LICENSED PREMISES § 1.01. In consideration of the mutual covenants and agreements of this License Agreement, and other good and valuable consideration, TCC grants a license to the City to use and occupy the TCC north parking lot located at 5301 Campus Drive, Fort Worth Texas (hereinafter referred to as "the Premises") for overflow parking accessed by City soccer participants using the Rolling Hills Soccer Complex (hereinafter referred to as RHSC) located at 2525 Joe B. Rushing, Fort Worth Texas, the Premises situated in Fort Worth, Tarrant County, Texas, legally described on Exhibit "A" attached to this License Agreement and made a part of this Agreement for all purposes. This License Agreement is subject to all existing easements for public roads, channels, highways, public utilities, railroads, pipelines and electrical transmission lines. § 1.02. This City is authorized under this Agreement to use the Premises for overflow parking only during the months of February through July and September through December and the third weekend in August of each Contract Year (defined in the term section). During the course of motorcycle class training on the Premises, which is held on various weekends throughout the calendar year, the City and City participants are prohibited from using the Premises. § 1.03. Any agreement for the use of an additional site or sites by the City may be accomplished at the discretion of TCC either by supplemental agreement hereto or by a separate license agreement, requiring the prior written approval of TCC. SECTION 2. SECURITY AND LITTER CONTROL §2.01. The City is authorized and agrees to schedule and provide unarmed security and litter control services during the months of February through July; September thr q� ��;� � �;, ^ o�� FYI TEK'o 02-04-08 A10456 II License Agreement With Tarrant County College Page 2 of 6 December; and the third weekend in August of each Contract Year during the term of this Agreement. §2.02. The City represents that it has or will secure, at its own expense, all materials, supplies, machinery, equipment, tools, superintendence, labor, personnel, insurance, and other accessories and services necessary to provide adequate litter control services in accordance with the requirements of TCC. The litter control services, applied solely to the north parking lot area and immediate adjacent area, will be executed on the following mornings following the conclusion of soccer games between the hours of 5:00 a.m. to 7:00 a.m. or at the conclusion of scheduled soccer games. §2.03. The parties recognize the purpose of this Agreement is to provide parking for City soccer participants as a governmental function pursuant to CPRC Section 101.0215. §2.04. The City represents that it has or will secure, at its own expense, onsite unarmed security personnel during the months of February through July; September through December; and the third weekend in August of each Contract Year during the term of this Agreement to monitor activities and act as a deterrent for vandalism and related crimes for all soccer patrons parking vehicles at the north parking lot during the commencement of all soccer games at RHSC (1) Security personnel shall report to the TCC parking lot at 5:00 p.m. for weeknight league games and monitor the parking lot until the conclusion of weeknight league games at 1100 p.m. Onsite City Field Monitors will be responsible to contact the TCC Campus Police Department for purposes of onsite reporting and departure times from the TCC facility whenever the parking lot is in use by the City. (2) Security personnel shall report to the TCC parking lot at 8:00 a.m. for weekend league games held on both Saturdays and Sundays and monitor the parking lot until the conclusion of weekend league games at 11:00 p.m. (3) Security personnel shall report to the TCC parking lot at 6:00 a.m. for weekend tournament games held on both Saturdays and Sundays and monitor the parking lot until the conclusion of weekend tournament games at 11:00 p.m. SECTION 3. TERM §3.01. This License Agreement shall be for a period of three (3) years, beginning on February 1, 2008 and ending on January 31, 2011. As used herein, the term "Contract Year" shall mean a period beginning on February 1 of each year and ending on January 31 of the same year. License Agreement With Tarrant County College §3.02. This License Agreement shall be applicable for Fridays after 5 p.m., all day Saturdays, and through 11 p.m. on Sundays. The parking lot will be restricted from the City Mondays through Thursdays. §3.03. This Agreement may be terminated without cause by either parry upon thirty (30) days written notice to the other party. Said termination notice shall be considered to be rendered when placed in the United States Postal Service for delivery to the other party. SECTION 4. EMERGENCY VEHICLE ACCESS §4.01 City, through its Manager, Parks and Community Services Director, police, fire personnel and other designated representatives, has the right to enter any portion of the Premises (without causing or constituting a termination of this License Agreement or an interference of the use by TCC) for the purpose of maintaining the proper conduct and safety of persons using the Premises under the terms of this Agreement, provided this shall not authorize or empower City to direct the activities of the TCC parking lot or assume liability for TCC activities. SECTION 5. PROPERTY DAMAGE LIABILITY §5.01. In the event that any of the Premises owned by TCC, such as utilities, equipment, turf, etc are damaged or destroyed during the City's use of the Premises, due to the sole negligence or acts or omissions of the City, the City will be responsible for repairs or replacement within a reasonable time period as determined by TCC. §5.02. City is not liable for any loss, damage, or injury of any kind to any person or property of any kind to any person or property of any kind arising from the use of the Premises by TCC (or any part of them), or caused by any defect in any building, structure, improvement, paving, equipment, building or facility on the Premises OR CAUSED BY OR ARISING PROM ANY ACT OR OMISSION OF TCC, OR OF ANY OF ITS AGENTS, EMPLOYEES, LICENSEES, OR INVITEES, OR BY OR FROM ANY ACCIDENT, FIRE, OR OTHER CASUALTY ON THE LAND, OR BROUGHT ABOUT BY TENANT'S FAILURE TO MAINTAIN THE LEASED PREMISES IN SAFE CONDITION. Each party agrees to notify the other party promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages on the Premises. Each party agrees to make its officers, agents, and employees available to the other party at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which the party may be responsible hereunder. SECTION 6. FEDERAL, STATE, AND LOCAL LAWS '�'��r�'�;J.. _�, v G� I � V((I``I,'77 c� � I{{'�I1IIj(1w7,rf.LS �(f[�]?•: v� License Agreement With Tarrant County College Page 4 of 6 §6.01. City and TCC shall comply with all federal, state and local laws, rules and regulations as, well as with all regulations, restrictions and requirements of the police, fire and health departments now or hereafter in effect which are applicable to its operations. City and TCC shall obtain and keep in effect at their own cost and expense all licenses, permits, and taxes incurred or required in connection with this Agreement and its operations hereunder. SECTION 7. FACILITY ALTERATIONS §7.O1.City shall not make or cause to be made any alterations, additions or improvements to the TCC parking lot without the prior written approval of TCC. §7.02. The City agrees not to take any action that would result in the creation of any lien upon TCC property. In the event that a lien is filed, the City will take all necessary steps to remove the lien within 10 days of its filing or receiving notice from TCC, which ever is later. SECTION 8. NOTICES § 8.01. All notices required or permitted under this Agreement may be given to a party personally or by mail, addressed to such party at the address stated below or to such other address as one party may from time to time notify the other in writing. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY City of Fort Worth Parks and Community Services Department Attn. David Parise 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 With copes Benita Harper Assistant City Attorney 1000 Throckmorton Street Fort Worth, Texas 76102 TCC South Campus: 5301 Campus Drive Dr. Ernest Thomas TCC South Campus 5301 Campus Drive Lt. Terry Moak License Agreement With Tarrant County College Fort Worth, Texas 76119 Fort Worth, Texas 76117 Or to such other address as said parties may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. All time periods related to any notice requirements specified in this Agreement shall commence either on the date notice is mailed, or on the date notice is received by the party to whom it is sent, depending on the terms specified in the Section requiring the notice. ARTICLE 9. GENERAL PROVISIONS §9.01. No Partnership or Joint Venture. Neither City nor TCC shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, agents, servants, contractors, subcontractors, or employees. It is understood and agreed that the TCC is not involved as a party to any activities that may be carried on by City pursuant to this Agreement. City acknowledges itself solely responsible for such activities and for all persons and property involved or used in connection with City's use of the Premises. Provided, however, that no provision of this License Agreement shall operate or be construed as a waiver by either party of any immunity from liability which it has or could be asserted under the doctrine of governmental immunity or any other immunity which it has under law. §9.02. Force Majeure If use of the Premises or performing any other covenant or term is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations, or interference, fire or other casualty, or any other circumstances beyond the City's control or that of the party obligated or permitted under this Agreement to do or perform the term or covenant, regardless of whether the circumstance is similar to any of those enumerated or not, each party so delayed is excused from performance during the delay period. §9.03. No Air No waiver by either party of any default or breach of any covenant or term of this Lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this License Agreement regardless of when the breach occurred. §9.04. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereto are declared to be for the benefit of and binding upon their respective successors, representatives and assigns, if any. §9.05 It is agreed that, in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either TCC or City in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. Ac�,ng License Agreement With. Tarrant County College Page 6 of 6 §9.06. Applicable Laws. The laws of the State of Texas shall govern this license agreement and the relationship created hereby. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this agreement shall be in Tarrant County, Texas. §9.07. Se V %I?.L lity of Provisions If any of the Provisions contained in this Agreement shall be held, for any reason, to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability, shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. §9.08. Sole A reement0 greement constitutes the sole and only agreement of the parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. EXECUTED this they day of % , 2008. CITY OF FORT WORTH City Ma an ger SMA2i' TARRANT COUNTY COLLEGE By' Dr: Ernest Thomas, College President FORM AND LEGALITY: STATE OF TEXAS COUNTY OF TARRANT ATTEST City Secretary Fort Worth, Texas Contract /Auth rizatiofa owl Date llr. llavid A. Wells Vice Chancellor, Operations and Planning Services ~ E i u f 2Si r4 n. �4014 97V 1 Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/29/2006 -Ordinance No. 17126-08-2006 DATE: Tuesday, August 29, 2006 LOG NAME: 80ESTRHFEE REFERENCE NO.: G-15375 SUBJECT: Authorize the Establishment of a Per Rental Fee for Expenses Incurred for Security and Litter Removal at Rolling Hills Soccer Complex and Adoption of Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to approve the establishment of a fee of $6.50 per rental for all user -groups at Rolling Hills Soccer Complex to offset expenditures on security and litter removal; and 2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and appropriations by $25,723.60 in the General Fund from available funds. DISCUSSION: As part of the 1998 Soccer Field Management and Development Plan, the City Council approved funding for the Parks and Community Services Department to build new soccer fields in order to decrease the deficiency in the number of competition soccer fields, bringing the City closer to national standards. As a part of this citywide plan, nine new soccer fields were added to the six existing fields at the Rolling Hills Soccer Complex. Although funding was provided for the fields, additional parking lot expansion will not occur until the next phase of project construction, which is anticipated in 2008. Currently, the available 195 parking spaces at Rolling Hills do not effectively serve the demand for parking due to the considerable number of scheduled games played on a daily basis at 15 soccer fields. The total number of games played during peak operating hours demands approximately 550 parking spaces. Although parallel parking spaces for user -groups utilizing Rolling Hills exists on Joe B. Rushing Road, adjacent to the park, space is insufficient and creates difficulties for patrons entering and exiting the fields. Tarrant County College —South Campus has agreed to allow park users to utilize the parking lot south of the Rolling Hills soccer complex if the City of Fort Worth will supply security and litter removal on the parking lot. By using the parking lot at Tarrant County College, parking pressure on the street is alleviated. The annual cost to fund this shared parking is approximately $25,723.60 annually, or $6.50 per rental. All soccer association presidents were polled on this field rental increase at a public meeting held on June 7, 2006 and unanimously agreed to the increase. The requested supplemental appropriation is offset by revenues collected from the proposed fee and will fund security and staff to remove litter on a nightly basis. The Parks and Community Services Advisory Board endorsed this fee at their meeting on July 26, 2006. Rolling Hills Soccer Complex is located in Council District 8 and serves the entire City. ��, ----- http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/6/2008 Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the General Fund. TO Fund/Account/Centers GG01 466316 0808080 $25,723.60 GG01 512010 0808080 $2,511.60 GG01 539120 0808080 $23,212.00 Submitted for City Manager's Office bk Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers GG01 512010 0808080 2 511.60 GG01 539120 0808080 $23,212.00 Libby Watson (6183) Randle Harwood (Acting) (5704) Melody Mitchell (5719) http : //www. cfumet. org/council�acket/Reports/mc�rint. asp 2/6/2008