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FACILITIES USE AND COMMUNITY CENTER MEMBERSHIP AGREEMENT
THIS FACILITIES USE AND COMMUNITY CENTER MEMBERSHIP AGREEMENT
("Agreement")is made and entered into by and between the CITY OF FORT WORTH("City"),a home-
rule municipal corporation of the State of Texas,acting by and through its duly authorized representative,
and Tarleton State University ("TARLETON"), a member of The Texas A&M University System, an
agency of the State of Texas.
WHEREAS, City, through its Park & Recreation Department ("Park Department") and
Neighborhood Services Department("NSD"),operates Community Centers and the Haws Athletic Center;
and
WHEREAS, certain Community Centers and the Haws Athletic Center have fitness rooms
outfitted with cardio and weight-training equipment;and
WHEREAS, the City requires Membership Cards for participation in Community Center
programs and to access Community Center and Haws Athletic Center fitness rooms;and
WHEREAS,the City wishes to allow TARLETON students to obtain Membership Cards in order
to utilize the fitness rooms at certain Community Centers and the Haws Athletic Center;and
WHEREAS, TARLETON agrees to reimburse City for TARLETON students' Membership
Cards;and
WHEREAS, TARLETON and City agree to collaborate together in the spirit of cooperation to
identify other recreational partnership opportunities.
NOW, THEREFORE, in consideration of the covenants and agreements contained in this
Agreement,City and TARLETON hereby agree as follows:
SECTION 1
LOCATION,PROGRAM,AND SCHEDULE
TARLETON may allow its currently-enrolled students ("Participants") to obtain Membership
Cards for the use of City facilities ("Centers") as set forth in Exhibit A which is attached hereto and
incorporated herein for all purposes. The dates,times and locations set forth in Exhibit A may be modified
by mutual written agreement of the Parties.
SECTION 2
USE OF THE CENTER
Participants may not use any part of the Centers for any use or purpose that violates any applicable
law,regulations,or ordinance of the United States,the State of Texas,the County of Tarrant,or the City
of Fort Worth, or other lawful authority with jurisdiction of the Center. To the extent authorized by
applicable law, TARLETON accepts the Centers, AS IS, WHERE IS, AND WITHOUT ANY
WARRANTIES OF WHATEVER NATURE,EXPRESSED OR IMPLIED.
SECTION 3
TERM OF AGREEMENT
Unless terminated earlier pursuant to the terms herein,the term of this Agreement shall begin on
August 12, 2019 and expire on August 11, 2020 ("Term"). This Agreement may be renewed for five
additional one-year periods upon written agreement of the Parties.
Pmgmm Provider Agreement I of I 1
Uh`�UAL RECORD
CITY SECRETARY
FT WORTH,,T
SECTION 4
DUTIES AND RESPONSIBILITIES
4.1 In addition to any other duties and responsibilities suet forth in this Agreement,
TARLETON shall:
4.1.1 Instruct and encourage all Participants to comply with any and all policies,rules,
and regulations governing the use of the Centers. The City will provide a copy of any
such policies, rules, and regulations within a reasonable time after request by
TARLETON.
4.1.2 Instruct and encourage each Participant to obtain a current Community Center
Membership Card and instruct any student without a membership card to secure one before
making use of the Centers. Any Participants who have a membership card prior to
enrolling at TARLETON shall maintain the Membership Card in good standing.
4.1.3 Instruct Participants that they shall not remain in the Centers beyond the Centers'
regular operating hours,except in instances of eminent danger to the Participants,severe
weather conditions,emergencies declared by the City and other situations determined in
the sole discretion of the Director of the Park & Recreation or Neighborhood Services
Department("Director").
4.1.4 Instruct Participants to report any maintenance or repair needs to the Director or
Centers staff as soon as practicable.
4.1.5. Instruct each Participant to sign the City's Waiver, Release and Indemnity
Agreement prior to Participant's use of the Center.;.
4.2 The City will:
4.2.1 At all times,furnish the necessary existing utilities and electrical power available
at the Centers for the ordinary and intended use of such,which includes lighting,heat and
air conditioning, and water for ordinary and intended use. City shall not be liable or
responsible for accidents or unavoidable delays.
4.2.2 Ensure that the Centers are suitable for their intended purpose.
4.2.3 Process membership applications for the Centers and issue Membership Cards to
Participants pursuant to standard City policies and Frocedures.
4.2.4 Submit a monthly invoice to TARLETON that includes a list of Participants who
have been issued a Membership Card.
4.2.5 Not use TARLETON's(or TARLETON's affiliates')name,logo or other likeness
in any press release,marketing materials,or other public announcement without receiving
TARLETON's prior written approval.
4.2.6 Comply with the ADA Accessibility Guidelines("ADAAG")promulgated under
The Americans with Disabilities Act of 1990,Public Law 101-336,42 U.S.C. § 12181 et
§M-
Facilities t:se and Community Caner Membership Agreement
Tarleton State University 2 of t l
SECTION 5
FEES AND PAYMENTS
TARLETON shall reimburse the City for TARLETON students' Membership Cards, in
accordance with the provisions of this Agreement and Exhibit B—Price Schedule.
SECTION 6
FORCE MAJEURE
If either party is unable, either in whole or part, to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies;
wars;blockades; insurrections; riots;epidemics;public health crisis; earthquakes; fires; floods;restraints
or prohibitions by any court,board,department,commission or agency of the United States or of any state;
declaration of a state of disaster or of emergency by the federal, state, county, or City government in
accordance with applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the
United States Department of Homeland Security or any equivalent alert system that may be instituted by
any agency of the United States;any arrests and restraints;civil disturbances;or explosion;or some other
reason beyond the Parry's reasonable control (collectively, "Force Majeure Event"), the obligations so
affected by such Force Majeure Event will be suspended only during the continuance of such event. If a
Force Majeure Event occurs, the City may, in its sole discretion, close or postpone the opening of its
community centers, parks, or other City-owned and operated properties and facilities in the interest of
public safety and operate them as the City sees fit. To the extent authorized by the Constitution and the
laws of the State of Texas,TARLETON hereby waives any claims it may have against the City for damages
resulting from any such Force Majeure Event.
SECTION 7
INTENTIONALLY OMITTED
SECTION 8
INSURANCE REQUIREMENTS
City acknowledges that,because TARLETON is an agency of the State of Texas,liability
for the tortious conduct of the agents and employees of TARLETON or for injuries caused by conditions
of tangible state property is provided for solely by the provisions of the Texas Tort Claims Act (Texas
Civil Practice and Remedies Code, Chapters 101 and 104), and that Workers' Compensation Insurance
coverage for employees of TARLETON is provided by TARLETON as mandated by the provisions of the
Texas Labor Code, Chapter 503. TARLETON will have the right, at its option, to (a) obtain liability
insurance protecting TARLETON and its employees and property insurance protecting TARLETON's
buildings and the contents, to the extent authorized by Section 51.966 of the Texas Education Code or
other law; or (b) self-insure against any risk that may be incurred by TARLETON as a result of its
operations under this Agreement.
SECTION 9
TERMINATION
9.1 Termination by TARLETON. This Agreement may be terminated without cause by
TARLETON upon thirty(30)days written notice of such intent to terminate being delivered to the City.
9.2 Termination by City. This Agreement may be terminated without cause by City upon
thirty(30)days written notice of such intent to terminate being delivered to TARLETON.
9.3 Other Remedies. Any termination of this Agreement as provided in this Agreement will
not prevent a party hereto from enforcing any remedy provided for by law,or from recovering damages
Facilities Use and Community Center Membership Agreement
Tarleton State University 3 of 1 l
from the other party for any default under the Agreement. All tights, options, and remedies under this
Agreement available to either party hereto will be construed to be cumulative, and not one of them is
exclusive of the other. Either City or TARLETON may pursue cony or all such remedies or any other
remedy or relief provided by law,whether or not stated in this Agreement.
9.4 Availability of Funding.This Agreement may be contingent upon the continuation of state
or federally funded programs, the appropriation of funds by the Texas Legislature and!or the availability
of specific funds to cover the full term and cost of this Agreement. In the event a curtailment of state or
federally funded programs occurs,state appropriations are curtailed or withdrawn,or in the event specific
funds are unavailable to TARLETON,TARLETON may terminate this Agreement upon written notice to
City without further duty or obligation hereunder. City acknowledges that appropriation of funds is beyond
the control of TARLETON.
SECTION 10
RIGHT OF ENTRY AND INSPECTION
City does not relinquish the right to control the mar.agement of the Centers,or the right to
enforce all necessary and proper rules for the management and operation of the same.
SECTION 11
INTENTIONALLY OMITTED
SECTION 12
NOTICES
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: TARLETON:
City of Fort Worth Tarleton Slate University
Park&Recreation Director 1333 W.Washington
4200 South Freeway,Suite 2200 Admin Annex I-RM 11
Fort Worth,Texas 76115 Stephenvi lle,TX 76402
With copy to:
City of Fort Worth
Attn: Assistant City Attorney,
Assistant City Manager,and
Neighborhood Services Director
200 Texas Street
Fort Worth,Texas 76102
Or to such other address as such party may hereafter designate by Notice in writing addressed and mailed
or delivered to the other party hereto.
Facilities Use and Community Center Membership Agreement
Tarleton State University 4 of 11
SECTION 13
NONDISCRIMINATION
Neither party hereto shall not engage in any unlawful discrimination based on race,creed,
color,national origin,sex,age,religion,disability, marital status,citizenship status,sexual orientation or
any other prohibited criteria in any employment decisions relating to this Agreement, and both parties
hereto represents and warrants that to the extent required by applicable laws, it is an equal opportunity
employer and shall comply with all applicable laws and regulations in any employment decisions.
SECTION 14
VENUE AND CHOICE OF LAW
TARLETON and City agree that this Agreement shall be construed in accordance with the
laws of the State of Texas. Except as provided below,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. Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against
TARLETON will be in the county in which the primary office of the chief executive officer of
TARLETON is located.
SECTION 15
THIRD-PARTY RIGHTS AND ASSIGNMENTS
15.1 The provisions and conditions of this Agreement are solely for the benefit of the City and
TARLETON,and any lawful assign or successor of TARLETON,and are not intended to create any rights,
contractual or otherwise,to any other person or entity.
15.2 TARLETON agrees that it will not subcontract or assign all or any part of its rights,
privileges or duties hereunder without the prior written consent of the City,and any attempted subcontract
or assignment of same without such prior consent of the City shall be void.
SECTION 16
BINDING CQVENANTS
Subject to the limitations contained herein, the covenants, conditions and agreements
made and entered into by the parties hereunder are declared to be for the benefit of and binding on their
respective successors,representatives and permitted assigns,if any.
SECTION 17
AMENDMENTS CAPTIONS AND INTERPRETATION
Except as otherwise provided in this Agreement, the terms and provisions of this
Agreement may not be modified or amended except upon the written consent of both the City and
TARLETON. Captions and headings used in this Agreement are for reference purposes only and shall not
be deemed a part of this Agreement. In the event of any dispute over the meaning or application of any
provision of this Agreement,this Agreement shall be interpreted fairly and reasonably,and neither more
strongly for or against any party,regardless of the actual drafter of this Agreement.
SECTION 18
GOVERNMENTAL POWERS AND IMMUNITIES
It is understood that by execution of this Agreement, the City and TARLETON do not
waive or surrender any of their governmental powers or immunities. City expressly understands and
Faciblies Use and Community Center Membership Agreement
Tarleton State University 5 of I 1
acknowledges that TARLETON is an agency of the State of Texas and nothing in this Agreement will be
construed as a waiver or relinquishment by TARLETON of its right to claim such exemptions,privileges,
and immunities as may be provided by law. TARLETON expressly understands and acknowledges that
City is a political subdivision of the State of Texas and nothing in this Agreement will be construed as a
waiver or relinquishment by City of its right to claim such exemptions,privileges,and immunities as may
be provided by law.
SECTION 19
AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES
19.1 By executing this Agreement,TARLETON's agent affirms that he or she is authorized by
TARLETON or its general partner to execute this Agreement and that all representations made herein with
regard to TARLETON's identity,address,and legal status are true and correct.
19.2 This Agreement may be executed in several counterparts, each of which will be deemed
an original,but all of which together will constitute one and the same instrument. A signature received via
facsimile or electronically via email shall be as legally binding for all purposes as an original signature.
SECTION 20
SEVERABILITY AND NO WMVER
20.1 It is agreed that in the event any covenant,conditiio-i or provision herein contained is held
to be invalid by any court of competent jurisdiction,the invalidity ol'such covenant,condition or provision
shall in no way affect any other covenant, condition or provision does not materially prejudice either
TARLETON or City in connection with the right and obligations contained in the valid covenants,
conditions or provisions of this Agreement.
20.2 The failure of either party to insist upon the perfonnance of any term or provision of this
Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to
insist upon appropriate performance or to assert any such right on any future occasion.
SECTION 21
COMPLIANCE WITH LAWS
This Agreement is subject to all applicable federal,state and local laws,ordinances,rules
and regulations, including, but not limited to, all provisions of the Ciity's Charter and ordinances, as
amended. If City notifies TARLETON or any of its officers, agents, employees, contractors,
subcontractors, licensees, volunteers, or invitees of any violation of such laws, ordinances, rules or
regulations,TARLETON shall immediately desist from and correct the violation caused by TARLETON.
SECTION 22
SOLE AGREEMENT
This Agreement, including any exhibits attached hereto and any documents incorporated
herein,contains the entire understanding and agreement between the City and TARLETON,and any lawful
assign and successor of TARLETON, as to the matters contained herein. Any prior or contemporaneous
oral or written agreement is hereby declared null and void to the ea.tent in conflict with any provision of
this Agreement.
Fa6hGes Use and Community Center Membership Agreement
t adeton State University 6 of t t
SECTION 23
AUDIT
23.1 TARLETON agrees that the City shall, until the expiration of three (3) years after the
termination or expiration of this Agreement,have access to and the right to examine any directly pertinent
books,documents,papers,and records of TARLETON involving transactions relating to this Agreement.
TARLETON agrees that the City shall have access during normal working hours to all necessary
TARLETON facilities and shall be provided adequate and appropriate workspace in order to conduct audits
in compliance with the provisions of this section. City shall give TARLETON reasonable advance notice
of intended audits.
23.2 City understands that acceptance of funds under this Agreement acts as acceptance of the
authority of the State Auditor's Office, or any successor agency, to conduct an audit or investigation in
connection with those funds. City further agrees to cooperate fully with the State Auditor's Office or its
successor in the conduct of the audit or investigation,including providing all records requested. City will
ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through
City and the requirement to cooperate is included in any subcontract it awards.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
Fadhaes Use and Community Center Membership Agreement
Tarleton State Universtty 7 of i 1
IN WITNESS WHEREOF,the parties have executed this Agreement in multiples in Tarrant County,
Texas.
EXECUTED to be effective on the date set forth in Section 3.
CITY OF FORT WORTH
By:
Fernando Costa(Aug 22,2019)
Fernando Costa,Assistant City Manager
Date:
Aug 22,2019
RECOMMENDED BnYn:
By:
David Creek(Aug 21,2019)
David Creek, Acting Director
Park&Recreation Department
Sonia Singleton ug 21,2019)
By:
Sonia Singleton,Acting Director
Neighborhood Services Department
APPROVED AS TO FORM AND LEGALITY:
i��u�i i�rurr TY
By:
Matt Murray(Aug 22,2019)
Matthew Murray,Assistant City Attorney
Ce
ATTEST:
By: Mary Kayser(Aug 21,2019)
Mary J.Kayser,City Secretary
CONTRACT AUTHORIZATION:
M&C: No M&C Required.
1295: N/A.
OFFICIAL RECORD
Facilities Use and Community Center Membership Agreement CITY S�e�WeftETra���
rX
Tarleton State university
TARLETON"ATE VE ITY:
By
Name: on Beaty
Title: ' Vice President for nce and
Administration
Date:
CONTRACT COMPLIANCE MANAGER(S):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.
By Sheri Endsley 15,201
Sheri Endsley,District Superintendent
Park & Recreation Department
JenSm�h�rT�r 4L)owell
Jeri Smith for Jerry McDowell(Aug 19,20191
By:
Jerry McDowell,District Superintendent
Park&Recreation Department
E�By. z(A 9
Eric Lopez,Acting District Superintendent
Neighborhood Services Department
OFFICIAL.RECORD
Facilities Use and Community Center Membership Agreement CITY SECRETARY
Tarleton State University FT.°l/ OR 6 H,TX
EXHIBIT A
DATES, SCHEDULE,AND CENTERS
PROGRAM: Community Center and Charles H.Haws Athletic Center Memberships for Tarleton State
University Students.
*PROGRAM TIMES: All facility use will take place during established operating hours.Dates and
times to be agreed upon by Tarleton State University and the City of Fort Worth.However,City of Fort
Worth shall have the sole discretion to determine dates and times of all facility use.
*START *END *START *END *START *END
DAY CENTER TIME TIME TIME TIME TIME TIME
Mon CT
Tue CT
Wed CT
Thu CT
Fri CT
Sat CT
Sun CT
PARD CENTER NAME CENTER ADDRESS NS CENTER NAME CENTER ADDRESS
Chisholm Trail(CT) 4936 McPherson Blvd.(76123) Andrew`Doc' Session 201 S.Sylvania Ave.
(ADS) (76111)
Diamond Hill(DH) 1701 NE 37th St.(76106) Como(CCC) 4900 Home St.(76107)
Eugene McCray(EM) 4932 Willbarger St.(76119) Fort Worth After School 2901 Shotts St.(76107)
(FWAS)
Fire Station(FS) 1601 Lipscomb St.(76104) Martin Luther King(MLK) 5565 Truman Dr.(76112)
Fort Worth After School 2901 Shotts St.(76107) 2950 Roosevelt Ave.
(FWAS) North Tri-Ethnic(NT) (76106)
Greenbriar(GB) 5200 Hemphill St.(76115) 1801 Harrington Ave.
Northside(NS) (76106)
Handley Meadowbrook 6201 Beaty St.(76112) 959 E.Rosedale St.
(HMB Southside(SS) (76104)
Highland Hills(HH) 1600 Glasgow Rd.(76134) 3551 New York Ave.
Worth Heights(WH) (76110)
Hillside(HS) 1201 E.Maddox Ave.(76104)
Mobile Recreation(MR) 1601 Lipscomb St.(76104)
R.D.Evans(RDE) 3242 Lackland Rd.(76116)
Riverside(RS) 3700 E.Belknap St.(76111)
Southwest(SW) 6300 Welch Ave.(76133)
Sycamore(SY) 2525 E.Rosedale St.(76105)
Thomas Place(TP) 4237 Lafayette Ave.(76107)
Victory Forest(VF) 3427 Hemphill St.(76110)
Charles H.Haws Athletic 600 Congress St.(76107)
Center
Facilities Use and Community Center Membership Agreement
Tarleton State University 10 of 11
EXHIBIT B
PRICE SCHEDULE
Fall Semester: $50 per person per semester
Spring Semester:$50 per person per semester
Summer Semester:$20 per person per semester
Facilities Use and Community Center Membership Agreement
Tarkton State University I I of I I