HomeMy WebLinkAboutContract 40684 (2)STATE OF TEXAS §
COUNTY OF TARRANT §
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH, a home rule municipal corporation of the State of
Texas (hereinafter referred to as the "City"), and the FORT WORTH INDEPENDENT
SCHOOL DISTRICT, a political subdivision of the State of Texas and a legally constituted
independent school district located within Tarrant County, Texas (hereinafter referred to as the
"Licensee").
SECTION 1.
LICENSED PREMISES
1.01. For and in consideration of the rental payments to be paid under this Agreement and
the mutual covenants of the parties expressed herein, City does hereby grant to Licensee the use
of space located at the Northside Community Center and Southside Community Center (the
"Centers") for the purpose of providing adult educational services to area residents at the
Centers, herein referred to as the "Licensed Premises" an described as follows:
785.9 square feet of net usable space located at the Northside Community
Center, 1100 NW 18t� Street, Fort Worth, Tarrant County, Texas 76106;
and
2,323 square feet of net usable space located at the Southside Community
Center, 939 East Rosedale, Fort Worth, Tarrant County, Texas 76194.
1.02. The City grants to Licensee the use of the Licensed Premises at the Northside
Community Center during the working hours of 8:00 AM — 9:00 PM Monday —Thursday, 8:00
AM — 12*00 AM on Friday, and 9:00 AM — 12:00 AM on Saturday. The City grants to
Licensee the use of the Licensed Premises at the Southside Community Center during the
working hours of 8*00 AM — 8:00 PM on Monday and Tuesday and 8:00 AM — 6:00 PM on
Wednesday — Friday. The Centers will be closed and unavailable for use by the Licensee on all
regular City holidays and furlough days. Except due to emergency circumstances, City agrees
to notify Licensee of any change in the hours of operation by providing Licensee with written
notice at least five (5) working days prior to the change taking effect. City agrees to provide
similar notice to Licensee should the Licensed Premises not be available to the Licensee due to
special events, scheduled maintenance or other non -emergency closures. City agrees to provide
a pro -rated adjustment in the monthly rental fee for all non -emergency closures that are in
excess of one full working day.
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If Licensee requires access at times other than the normal operating hours set forth herein,
Licensee shall notify the City by providing City with written notice at least five (5) working
days prior to the needed change. Access by Licensee to the Licensed Premises at times other
than during the normal operating hours is within the discretion of the City, and City may charge
the Licensee the hourly rate for the actual staff time required to open, monitor and close a
Center. This charge shall include a forty percent (40%) overhead rate to be applied to the total
salary cost incurred.
1.03. If the Licensee requests additional space during the term of this Agreement, City
may, at its sole discretion and if space is available, furnish such space adjacent to the Licensed
Premises at a rental rate that is not more than the monthly cost per square foot as indicated in
Section 2 below. The term of use for any additional licensed space shall be concurrent with the
balance of the license period outlined by this Agreement. The City agrees to furnish all
services provided in this Agreement to the additional space. The license of additional space
shall not be valid unless executed in writing and signed by both parties.
1.04. Licensee shall use the Licensed Premises solely for the purpose of providing free
instruction in one or all of the following areas: Adult Basic Education; English as a Second
Language (ESL); and Adult Secondary Education classes. Licensee will be responsible for all
allowable costs to operate the program including, but not limited to, payment to teachers,
computer lab managers, teacher aides, testers and/or instructional monitors; and payment to
vendors for instruction materials and supplies. Licensee shall be responsible for ensuring that
instruction is provided by individuals who have valid Texas teacher certification, if required,
and who have received all training required by Texas Education Agency and Fort Worth
Independent School District/North Texas Consortium. Licensee shall make services available
to citizens 18 years of age or older who are not currently enrolled in school; 17 year olds may
be admitted only with official letter of withdrawal from their respective school district and
parental permission. A minimum of 25 students must be identified to establish a class, and a
minimum average class attendance of 18 students must be maintained monthly.
SECTION 2
MONTHLY RENTAL
2.01. During the term of this Agreement, Licensee agrees to pay City, for the use of the
Licensed Premises at Northside Community Center, as described above, at the rate of One
Hundred Seventy and 48/100 ($170.48) per month and for the use of the Licensed Premises at
Southside Community Center, as described above, at the rate of Three Hundred Sixty -Four and
86/100 ($364.86) per month. City agrees to submit monthly statements for rent to the Licensee,
but failure of the City to submit said monthly statement to Licensee shall not relieve the
Licensee from its obligation to pay the monthly rental as required under this Agreement.
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OFFICIAI. RECORD
CITY SECRETARY
FT. WORTH, TX
2.02. The monthly rentals provided for herein shall be due and payable by Licensee to the
City on the first day of the month for which said rentals are due. The Licensee shall make all
monthly rental payments on or before the 5t' day of each month of this Agreement. Rental
payments and any other sums due and payable to the City shall be addressed to the Revenue
Office, 1000 Throckmorton, Fort Worth, Texas 76102.
SECTION 3
TERM OF LICENSE
3.01. The primary term of this Agreement shall be for a period of two years commencing
on the 1 st day of January 2010, and ending on the 31 st day of December 2011.
3.02 The primary term may be renewed by mutual agreement between the Licensee and
the City for two (2) successive 12-month periods under the same terms and conditions of this
Agreement. Licensee must advise the City in writing of its intent to renew the Agreement no
later than sixty (60) days prior to the expiration of the then -current term.
3.03 Either party may terminate this Agreement, with or without cause, by giving the
other party written notice thirty days (30) days prior to the intended termination date.
SECTION 4
RIGHT OF ACCESS
4.01. During the term of this Agreement, City or its agent shall have the right to enter into
and upon the Licensed Premises during reasonable hours for the purpose of examining and
inspecting the same and determining whether Licensee has complied with all the terms and
conditions of this Agreement. Except in the event of an emergency, City shall conduct
inspections during Licensee's ordinary business hours and shall use its best efforts to provide
Licensee at least two (2) hours notice prior to inspection.
4.02. During any inspection, City may perform any obligations that City is authorized or
required to perform under the terms of this Agreement or pursuant to its governmental duties
under federal, state, or local laws, rules, or regulations.
4.03. Licensee will permit the City's Fire Marshal or his or her authorized agents to
inspect the Licensed Premises, and Licensee and City will comply with all requirements of the
Fire Marshal or his or her authorized agents that are necessary to bring the Licensed Premises
into compliance with the City of Fort Worth Fire Code and Building Code provisions regarding
fire safety, as such provisions exist or may hereafter be amended. Licensee shall maintain in
proper condition accessible fire extinguishers of a number and type approved by the Fire
Marshal or his or her authorized agents for the particular hazard involved.
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CITY SECRETARY
FT, WORTH, TX
SECTION 5
TITLE AND CONSTRUCTION
5.01. The Licensed Premises are subject to any statement of facts which an accurate
survey or physical inspection might show, all zoning, restrictions, regulations, rulings and
ordinances, building restrictions, and other laws and restrictions now in effect or hereafter
adopted by any governmental authority having jurisdiction and are licensed in their present
condition without representation or warranty by City.
5.02. Licensee agrees that Licensee has examined the Licensed Premises prior to the
execution of this Agreement and is satisfied with the physical condition of the Licensed
Premises. Licensee's taking possession of the Licensed Premises shall be conclusive evidence
of its receipt of the Licensed Premises in a safe, sanitary, and good condition and repair, except
for those conditions that the Licensee provides City written notice of prior to the execution of
this Agreement. Licensee agrees that it is tal�ng the Licensed Premises in their current
"AS IS" condition with no representations or warranties of any nature whatsoever by
City (except as otherwise specifically provided for in this Agreement).
SECTION 6
USE OF PREMISES; COMPLIANCE WITH LAW; EASEMENTS
6.01. Licensee is granted and shall have the right to use and occupy the Licensed
Premises solely for the purposes stated in this Agreement, provided that such purpose complies
with existing zoning of the Licensed Premises and the purposes stated under this Agreement.
6.02. Licensee covenants and agrees that it shall not engage in any unlawful use of the
Licensed Premises. Licensee further agrees that it shall not permit its officers, agents, servants,
employees, contractors, subcontractors, patrons, licensees or invitees to engage in any unlawful
use of the Licensed Premises, and Licensee immediately shall remove from the Licensed
Premises any person engaging in such unlawful activities. Unlawful use of the Licensed
Premises by Licensee itself shall constitute an immediate breach of this Agreement.
6.03. Licensee will not do or suffer any waste to the Licensed Premises. Licensee shall,
at its cost and expense, comply with and cause the Licensed Premises to comply with: (i) all
valid federal, state, local, and other governmental laws, ordinances, rules, orders, and
regulations affecting the Licensed Premises or a part thereof or the use thereof, and (ii) all
rules, orders, and regulations of the National Board of Underwriters or other body exercising
similar functions in connection with the prevention of fire or the correction of hazardous
conditions which apply to the Licensed Premises. If applicable, Licensee shall comply with the
requirements of all policies of insurance which at any time may be in force with respect to the
Licensed Premises (other than any policies obtained by City and not approved in writing by
Licensee) and, to the extent that Licensee has written notice thereof, with the provisions of any
contracts, agreements, and restrictions affecting the Licensed Premises or a part thereof or the
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CITY SECRETARY
�, +•Mr1RTH, TX
ownership, occupancy, or use thereof which shall have existed at the time of commencement of
the primary term or shall have been approved in writing by Licensee.
6.04. Licensee will comply with all federal, state, and local laws and statutes and with all
ordinances, charter provisions, rules, and regulations of the City of Fort Worth; including all
rules, regulations and/or requirements of the City of Fort Worth Police and Fire Departments;
and any and all requirements specifically made by the City of Fort Worth Fire Marshal in
connection with this Agreement.
SECTION 7
TAXES AND OTHER CHARGES; LIENS
7.01. City agrees to pay all taxes levied and assessed against the Licensed Premises and
improvements during the term of the Agreement.
7.02. Licensee acknowledges that it has no authority to engage in any act or to make any
contract that may create or be the foundation for any lien upon the property or interest in the
property of City. If any such purported lien is created or filed, Licensee will not permit it to
remain and will, at its cost and expense, promptly discharge all liens, encumbrances, and
charges upon the Licensed Premises (or a part thereof) arising out of (i) the use or occupancy of
the Licensed Premises (or a part thereof) by Licensee or (ii) by reason of any labor or materials
furnished or claimed to have been furnished, by, through or under Licensee in connection with
any construction, improvement, alteration, addition, repair or demolition of any part of the
Licensed Premises. Licensee's failure to discharge any such purported lien shall constitute a
breach of this Agreement, and City may terminate this Agreement upon ten (10) days' written
notice. However, Licensee's financial obligation to City to liquidate and discharge such lien
shall continue in effect following termination of this Agreement and until such a time as the
lien is discharged.
SECTION 8
MAINTENANCE
8.01. Licensee shall keep and maintain the Licensed Premises in a good, clean and
sanitary condition at all times. Licensee covenants and agrees that it will not make or suffer any
waste of the Licensed Premises. Licensee shall be responsible for all damages caused by
Licensee, its agents, servants, employees, contractors, subcontractors, licensees, or invitees, and
Licensee agrees to fully repair or otherwise cure all such damages at Licensee's sole cost and
expense. The City shall determine whether any damage has been done, the amount of the
damage, and the reasonable costs of repairing the damage. Any damage by the Licensee or
others incident to the exercise of privileges herein granted shall be repaired or replaced by the
Licensee to the reasonable satisfaction of the City within thirty (30) days of receipt of written
notification from the City.
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8.02. City shall pay all utilities and shall bear the cost of having the exterior of windows
washed twice each year.
8.03. Licensee shall pay all janitorial costs related to the Licensed Premises. Licensee
shall maintain the Licensed Premises in accordance with the Parks and Community Services
Department's "Facilities Cleanliness Standards" attached and incorporated herein, as Exhibit A.
8.04. During the term of this Agreement, Licensee shall notify the City in writing in
reference thereto by certified mail of any conditions on the Licensed Premises that in
Licensee's opinion is not in reasonably good repair and condition, reasonable wear and tear
excepted, and City shall make all reasonably necessary repairs to Licensed Premises.
SECTION 9.
IMPROVEMENTS, REPLACEMENTS, ADDITIONS, AND REMOVALS;
LANDLORD'S LIEN
9.01. City hereby covenants and agrees that the Licensee may bring on to the Licensed
Premises any and all equipment and improvements reasonably necessary for the efficient
exercise of Licensee's governmental responsibilities.
9.02. Licensee will not do or permit to be done any injury or damage to any buildings or
part thereof, or permit to be done anything which will damage or change the finish or
appearance of the Licensed Premises or the furnishings thereof or any other property belonging
to the City. No decorative or other materials shall be nailed, tacked, screwed or otherwise
physically attached to any part of the Licensed Premises or fixtures of the City without the prior
consent of the City.
9.03. Licensee agrees that, except as otherwise expressly provided herein, all
improvements, trade fixtures, furnishings, equipment, and other personal property of every kind
or description which may at any time be on the Licensed Premises shall be at Licensee's sole
risk or at the sole risk of those claiming under Licensee.
9.04. Any signs necessary to indicate Licensee's name, location, and governmental
purpose shall be prepared and installed by the Licensee, at its sole cost, in accordance with
applicable rules and regulations of the City and in keeping with building decor. Any special
requirements of Licensee contrary to the above must be made a part of this Agreement.
9.05. City assumes no responsibility for any property placed on the Licensed Premises or
any part thereof by the Licensee or any agent, officer, employee, invitee, or licensee of the
Licensee. To the extent permitted by the constitution and the laws of the State of Texas,
Licensee hereby expressly releases and discharges City from any and all liability for any
property damage or loss and/or personal injury, including death, arising out of or in connection
with, directly or indirectly, the occupancy and/or use of the Licensed Facilities and any and all
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CITY SECRETARY
FT. WORTH, TX
activities conducted thereon sustained by reasons of the occupancy of said buildings under this
Agreement.
SECTION 10
INDEMNIFICATION
10.01. TO THE EXTENT PERMITTED BYLAW, LICENSEEAGREES TO DEFEND,
INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND
EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS,
COSTS AND EXPENSES OFANY "ND, INCL UDING, B UT NOT LIMITED TO, THOSE
FOR PROPERTY DAMAGE OR LOSS (INCL UDING ALLEGED DAMAGE OR LOSS TO
OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE
OCCASIONED BY (i) LICENSEE'S BREACH OF ANY OF THE TERMS OR
PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION
OR INTENTIONAL MISCONDUCT OF LICENSEE, ITS OFFICERS, AGENTS,
ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR
SUBCONTRACTORS, RELATED TO THE LICENSE OF THE LICENSED PREMISES
OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY
RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,
AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF
JOINT AND CONCURRENT NEGLIGENCE OF BOTH LICENSEE AND CITY,
RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN
ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
SECTION 11
INSURANCE
11.01 Prior to the time Licensee is entitled to any right of access to or use of the Licensed
Premises, Licensee shall provide a certificate of self insurance or procure, pay for, and maintain
an amount and type of insurance written by companies approved by the State of Texas and
acceptable to the City.
11.02 Executed statements of self insurance or certificates of insurance and/or certified
copies of policies as determined acceptable by the City shall be delivered to City at the
execution of this Agreement.
SECTION 12.
CONDEMNATION
12.01. If the entire Licensed Premises, or any substantial part thereof which is sufficient to
render the remaining portion of the Licensed Premises untenantable for Licensee's business
purposes, is to be taken by condemnation or sold under threat of condemnation by an entity
other than the City of Fort Worth, this Agreement shall terminate. In such event, City agrees to
give Licensee 120 days' notice to vacate, and if Licensee has prepaid any rents, City will
reimburse Licensee a pro rata of such prepaid rent for the unexpired term of this Agreement.
Such reimbursement shall be the sole recovery to which Licensee will be entitled to in the event
of a condemnation or threat of condemnation. Under no circumstances shall Licensee be
entitled to any portion of the sale price or condemnation award or to any other damages or
costs.
12.02. If a portion of the Licensed Premises that is less than that described in Section 12.01
be taken by condemnation or sold under threat of condemnation by an entity other than the City
of Fort Worth, Licensee shall have the option to terminate this Agreement or to negotiate with
the City to adjust the Licensed Premises so that Licensee may continue its business. If
Licensee wishes to adjust the Licensed Premises to continue its business, written notice thereof
shall be given by Licensee to City within ninety (90) days after such taking or sale, and the rent
shall be equitably adjusted by the parties effective as of the date of the taking or sale to reflect
any change in the Licensed Premises.
SECTION 13
SUBLETTING, ASSIGNING, AND MORTGAGING
13.01. Licensee shall not assign its interest under this Agreement without receiving the
prior written consent of City (which shall not be unreasonably withheld). Any such attempted
assignment without prior written consent shall be void. Consent of the City to an assignment
shall not relieve the Licensee of liability in the event of default by its assignee. Neither this
Agreement nor the term demised hereby shall be mortgaged by Licensee, nor shall Licensee
mortgage or pledge the interests of Licensee in and to any sublease or rental payable
thereunder.
13.02. Licensee may not sublet or assign the Licensed Premises in whole or in part without
the prior written consent of City. Any such attempted sublease without prior written consent
shall be void. Consent of the City to a sublease shall not relieve the Licensee of liability in the
event of default by its sublessee.
SECTION 14
EVENTS OF DEFAULT BY LICENSEE; REM
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OF CITY, AND TERNIINATION
®FFICIAL RECOR®
C�� �ECRETARl(
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14.01. In the event one or more of the following shall happen and continue (herein called
an "event of default'):
(a) Licensee defaults in the payment of any of the rents provided to be paid hereunder
and such default shall continue for thirty (30) days following written notification from City;
(b) Licensee defaults in the observance or performance of any other provision of this
Agreement which is not remedied within thirty (30) days after written notice of such default
by City to Licensee properly specifying wherein Licensee has failed to perform any such
provision; it being understood that if by reason of force majeure Licensee shall be rendered
unable wholly or in part to carry out the obligations referred to under this clause (b),
Licensee shall not be in default during the continuance of the inability claimed;
The term 'force majeure" shall mean Acts of God, strikes, lockouts or other industrial
disturbances, acts of public enemies, orders of any kind of the Government of the United
States or the State of Texas, or any civil or military authority, insurrection, riots, epidemics,
landslides, lightning, earthquake, fire, hurricanes, tornadoes, storms, floods, washouts,
droughts, arrests, restraint of government and people, civil disturbances, explosions,
breakage or accident to machinery, transmission pipes or canals, partial or entire, failure of
utilities, or any other cause not reasonably within the control of Licensee. It is understood
and agreed that the settlement of strikes, lockouts, and other industrial disturbances shall be
entirely within the discretion of Licensee and that the above requirements that any force
majeure shall be remedied with all reasonable dispatch shall not require the settlement of
strikes, lockouts, and other industrial disturbances by acceding to the demands of the
opposing party or parties when such course is unfavorable in the judgment of Licensee.
However, notwithstanding the preceding, in the event that Licensee's default is of a nature
that cannot reasonably be cured within thirty (30) days, no event of default will have
occurred if Licensee commences to cure its default within such thirty (30) day period and
thereafter proceeds with diligence to complete such cure;
(c) Licensee files a voluntary petition in bankruptcy, or shall be adjudicated a bankrupt
or insolvent, or shall make an assignment for the benefit of creditors, or shall consent to the
appointment of a trustee or receiver for Licensee of all or any substantial part of its
properties or of the Licensed Premises;
(d) A trustee or receiver is appointed for Licensee or for all or any substantial part of its
property without the consent of Licensee and is not discharged within ninety (90) days after
such appointment, excluding any period in which such appointment shall be stayed upon
appeal or otherwise;
(e) Ninety (90) days shall have expired after the entry by a court of competent
jurisdiction of an order approving a petition seeking reorganization, readjustment,
arrangement, composition, or other similar relief as to Licensee under the federal
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bankruptcy laws or any similar law for the relief of debtors; but such period of ninety (90)
days shall not include any period during which such order shall be stayed upon appeal or
otherwise;
(f j Any other breach of a term or obligation of this Agreement; or
(g) Licensee uses the Licensed Premises in an unlawful manner.
14.02. In the event of default as provided for in this Agreement in Section 14.01(a) through
(f), City may terminate this Agreement by giving to Licensee ten (10) days' notice of City's
intention so to do, in which event the term of this Agreement shall end, and all right, title, and
interest of Licensee hereunder shall expire on the date stated in such notice. City shall have the
right to enter upon and take possession of the Licensed Premises, and shall have the remedies
now or hereafter provided by law for recovering of rent, repossession of the Licensed Premises
and damages occasioned by each default. Any rights of the Licensee to the possession of the
Licensed Premises shall cease on the date stated in such notice.
14.03. In the event of default as provided for in this Agreement in Section 14.01(g), City
may terminate this Agreement immediately and remove the Licensee from the Licensed
Premises.
14.04. In the event of the termination of this Agreement by City, Licensee may remove any
improvements, fixtures, or other items attached to any structure on the Licensed Premises
belonging to the Licensee and placed on the Licensed Premises by the Licensee, provided that
Licensee shall reimburse the City for any damage to the Licensed Premises caused by the
removal of any improvements or fixtures. If Licensee removed any fixture or improvement
belonging to City during the term of this Agreement, at the termination of this Agreement,
Licensee agrees to replace or reinstall any fixture or improvement to its original place and in its
original condition, as found at the beginning of the primary term of this Agreement.
14.05. Within twenty (20) days following the effective date of termination or expiration,
Licensee shall remove from the Licensed Premises all trade fixtures, tools, machinery,
equipment, materials and supplies placed on the Licensed Premises by Licensee pursuant to this
Agreement. After such time, City shall have the right to take full possession of the Licensed
Premises, by force if necessary, and to remove any and all parties and property remaining on
any part of the Licensed Premises. Licensee agrees that it will assert no claim of any kind
against City, its agents, servants, employees, or representatives that may stem from City's
termination of this Agreement or any act incident to City's assertion of its right to terminate or
City's exercise of any rights granted hereunder.
14.06. No default by City hereunder will constitute an eviction or disturbance of Licensee's
use and possession of the Licensed Premises or render City liable for damages or entitle
Licensee to be relieved from any of Licensee's obligations hereunder (including the obHRa*»
0
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CITY SECRETARY
eT. WORTH, TX
to pay rent) or grant Licensee any right of deduction, abatement, set-off, or recoupment, or
entitle Licensee to take any action whatsoever with regard to the Licensed Premises or City
until thirty (30) days after Licensee has given City written notice specifically setting forth such
default by City, and City has failed to cure such default within said thirty (30) day period, or if
such default cannot reasonably be cured within said thirty (30) day period, then within an
additional reasonable period of time so long as City has commenced curative action within said
thirty (30) day period and thereafter is diligently attempting to cure such default.
14.07. No waiver by the parties to this Agreement of any default or breach of any term,
condition, or covenant of this Agreement will be deemed to be a waiver of any other breach of
the same or other term, condition, or covenant contained in this Agreement. No provision of
this Agreement may under any circumstances be deemed to have been waived by either party to
this Agreement unless such waiver is in writing and signed by the parry charged with such
waiver. Licensee agrees that the receipt by City of rent with the knowledge of the breach of
any covenant or condition of this Agreement by Licensee will not be deemed to be a waiver of
such breach, and no provision of this Agreement will be deemed to have been waived by City
unless such waiver is in a written instrument signed by City.
SECTION 15
REMEDIES; NO WAIVER
15.01. Each right, power, and remedy of City provided for in this Agreement shall be
cumulative and concurrent and shall be in addition to every other right, power, or remedy
provided for in this Agreement, or, unless prohibited by the terms hereof, now or hereafter
existing at law or in equity or by statute or otherwise, in any jurisdiction where such rights,
powers, and remedies are sought to be enforced, and the exercise or beginning of the exercise
by City of any one or more of the rights, powers, or remedies provided for in this Agreement or
now or hereafter existing at law or in equity or by statute or otherwise shall not preclude the
simultaneous or later exercise by City of any or all such other rights, powers, or remedies.
15.02. The failure to insist upon a strict performance of any of the covenants or agreements
herein set forth or to declare a forfeiture for any violation thereof shall not be considered or
taken as a waiver or relinquishment for the future of City's rights to insist upon a strict
compliance by Licensee with all the covenants and conditions hereof, or of City's right to
declare a forfeiture for violation of any covenants or conditions if such violation be continued
or repeated beyond the curative periods of time permitted in above.
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OFFICIAL RECORD
CITY SECRETARY
7, WORTH, TX
SECTION 16
INDEPENDENT CONTRACTOR
16.01. It is expressly understood and agreed that Licensee shall operate as an independent
contractor as to all rights and privileges granted herein, and not as an agent, representative, or
employee of City. Licensee shall have the exclusive right to control the details of its operations
and activities on the Licensed Premises and shall be solely responsible for the acts and
omissions of its officers, agents, servants, employees, contractors, subcontractors, patrons,
licensees, and invitees. Licensee acknowledges that the doctrine of respondeat superior shall
not apply as between City and Licensee, its officers, agents, employees, contractors and
subcontractors. Licensee further agrees that nothing herein shall be construed as the creation of
a partnership or joint enterprise between City and Licensee.
SECTION 17
HOMELAND SECURITY
17.01. If the United States Department of Homeland Security issues a Level Orange or
Level Red Alert, the City, in its sole discretion, may close or postpone the opening of the
Centers in the interest of public safety.
SECTION 18
NON-DISCRIMINATION/ DISABILITIES
18.01. Licensee, for itself, its personal representatives, successors in interest, and assigns
agrees, as part of the consideration herein, that no person shall be excluded from participation
in or denied the benefits of Licensee's use of the Licensed Premises on the basis of race, color,
national origin, religion, handicap, gender, sexual orientation, or familial status. Licensee
further agrees for itself, its personal representatives, successors in interest and assigns that no
person shall be excluded from the provision of any services on or in the construction of any
improvements or alterations to the Licensed Premises on grounds of race, color, national origin,
religion, handicap, gender, sexual orientation or familial status.
18.02. In signing this Agreement, City and Licensee certify that at the time the Licensed
Premises is occupied by Licensee and throughout the term of the Agreement and any additional
tenancy, City and Licensee will comply with all applicable provisions of the Americans with
Disabilities Act of 1990, Public Law 101-336, 42 United States Code 12101 et seq, and all
applicable Texas Accessibility Requirements.
18.03 Any renovations necessary for the Licensed Premises to comply with all applicable
provisions of the Americans with Disabilities Act of 1990, Public Law 101-336, 42 United
States Code 12101 et seq, and all applicable Texas Accessibility Requirements shall be made
by City.
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CITY SECRETARY
T.
WORTH, TX
SECTION 19
LICENSES AND PERMITS.
19.01. Licensee shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for its operations.
SECTION 20
VENUE AND JURISDICTION
20.01. This Agreement shall be construed in accordance with law 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 or of Licensee's operations on the Licensed Premises, 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.
SECTION 21
AMENDMENT, SECTION HEADINGS, AND SEVERABILITY
21.01. Neither this Agreement nor any provision hereof may be changed, waived,
discharged, or terminated except by a written instrument signed by the parties. This Agreement
shall be binding upon and inure to the benefit of the parties hereto and their respective
successors and permitted assigns.
21.02. The headings in this Agreement are inserted for reference only and shall not define
or limit the provisions hereof.
21.03. This Agreement may be executed in several counterparts, each of which shall be an
original, but all of which shall constitute one instrument.
21.04. In the event that any clause or provision of this Agreement shall be held to be
invalid by any court or competent jurisdiction, the invalidity of such clause or provision shall
not affect any of the remaining provisions hereof.
I ®FFICIAL REC®R®I
Page 13 of 16 CI'TY' SECRETARY
SECTION 22
NOTICES
22.01. Unless a particular provision of this Agreement specifies otherwise, all notices
required or permitted under this Agreement may be given to a party personally or by mail,
addressed to such parry 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:
LICENSEE:
President, Board of Education
Fort Worth Independent School District
100 University Drive, Suite 150
Fort Worth, Texas 76115
CITY: City of Fort Worth
c/o Sonia Singleton
Parks and Community Services Department
4200 South Freeway, Suite 2200
Fort Worth, Texas 76115
With a copy to:
Denis McElroy
City Attorneys Office
1000 Throckmorton
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.
SECTION 23
ENTIRE UNDERSTANDING
23.01. This written instrument (including all attachments, schedules, and exhibits attached
hereto) constitutes the entire understanding of the parties concerning City's and Licensee's
roles and obligations in regard to Licensee's use of the Licensed Premises. Any prior or
contemporaneous oral or written agreement that purports to vary from the terms hereof shall be
void.
[SIGNATURES APPEAR ON FOLLOWING PAGE]
Page 14 of 16
FT. WORTH, TX
IN WITNESS WHEREOF, the parties have executed this License Agreement in
multiples, this �� day of , 20ED
CITY OF FORT WORTH
By:
les W. Daniels
giant City Manager
ATTEST:
City Secretary
APPROVED AS TO
AND LEGALITY:/
By:
city
C�Z�oa�
Page 15 of 16
FORT WORTH INDEPENDENT
SCHOOL DISTRICT
By:
Melody Johnson,
Superintendent of Schools
'NUN 7
�C
iola
trac)t Authorizatiola
OFFICIAL REC®RD
CITE SECRETARY
T. WORTH, TX
STATE OF TEXAS
C�Z�l�J��l�'Z�7TIII:\7.7:\�II11
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared Charles W. Daniels, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that the same as the act of the City of Fort
Worth and that he executed the same as the act of the said City of Fort Worth for the purposes and
consideration therein expressed and in the capacity herein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
20LO
MARIA S. SANCHEZ .
MY COMMISSION EXPIRES
December 14, 2013
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in and for the State of ,
on this day personally appeared Melody Johnson, Ph.D., Superintendent of Schools, known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was for the purposes and consideration therein expressed, as the act and deed of the Fort Worth
Independent School District, and in the capacity therein stated as its authorized officer or
representative.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this
Notary Public in and for the State of Texas
Page 16 of 16
CITY SECRETARY
FACILITIES CLEANLINESS STANDARDS
Overview
One of the City's Management Priorities and a Strategic Goal of the City Council of Fort Worth
emphasize ensuring quality customer service and providing a cleaner more attractive City.
Successful efforts will result in a sanitary, safe and pleasant environment for our citizens, visitors
and employees who come to or work in City facilities. In order to establish general guidelines
that will provide direction for our employees and contractors, cleaning standards have been
developed to address these concerns. The standards are directed primarily at City buildings
(example: community centers, public events, city hall, etc.) that are frequented by the general
public. These standards are primarily a base and may be enhanced by the Department Head or
his/her designee. Standards may also be governed by licensing or professional organization
policies. All custodial personnel should be required to participate in effective custodial and
product training on a quarterly basis. It is also important to note, that the volume of usage will
dictate the frequency of each activity.
"INSPECT WHAT YOU EXPECT!"
General (for all facilities)
Bulletin Boards, Windows and Doors
Daily:
• Designated staff conducts inspection of exterior and interior of facility.
Inspection should include:
Litter
Bird and other animal droppings
Outdated materials on bulletin boards
Brochure/Literature Racks
Light bulbs
Flyers, notices, etc, inappropriately taped or attached to doors and walls
Graffiti
Wash /clean high windows in facilitates per contract
Bi-Annually
• Wash/clean windows in facilities, inside and outside. Buildings with multiple
multi -storied windows (City Hall, Will Rogers, Convention Center, etc.)- contract
for professional services
Parking Lots, Garages and Grounds
Daily:
• Inspect for litter, trash or other debris
Facilities Cleanliness Standards
Page 1 of 5
• Pick up trash, etc.
• Empty trash receptacles, replace liners
• Park sites - Weekly
nnually:
• Power wash surface/floors, walls
Entrances, Lobbies and Corridors
Daily:
Weekly:
• Empty waste baskets/receptacles, remove debris, shift and/or replace sand in
smoking urns (Note: If at all possible, locate smoking area away from the
entrance); survey entrance for leaves, litter and remove
• Dust mop and wet mop tiled areas
• Vacuum carpeted areas and mats; remove gum and soiled spots
• Disinfect water fountains
• Clean entrance door glass
• Dust lobby/reception area furniture, fire closets and extinguishers
• Clean display cases and interior door glass
• Spot clean walls
• Restore floor finish on non -carpeted floors
Twice Monthly:
• Dust high vents, lights, blinds and wall surfaces
Restrooms and Locker Rooms
Daily:
• Empty waste baskets/receptacles and change liners
• Restock dispensers: soap, paper towel, toilet tissue and feminine hygiene
• Clean mirrors; clean and disinfect urinals and commodes; clean basins; polish
stainless steel and chrome surfaces
• Spot wash walls, lockers and partitions
• Sweep and wet mop floors with disinfecting solution; ensure that the process is
started with a clean mop
Weekly:
• Damp clean and wipe/polish partitions
• Pour at least one gallon of clear water down floor drains
• Dust wall and ceiling vents
• Wipe/clean doors and wall tile
Twice Monthly:
• De -scale fixtures
• Scrub or mop floor thoroughly
Facilities Cleanliness Standards
Page 2 of 5
Offices and Lounges
Daily:
Weekly:
Monthly:
• Empty waste baskets/receptacles inside or placed outside office door
• Clean any inner -office restrooms following public restrooms standards
• Empty waste baskets/receptacles and change liners
• Dust cleared furniture tops, desk lamps and bookshelves
• Clean doors, door glass and telephone
• Dust mop and wet mop tiled floors
• Vacuum and remove spots from carpeted floors, fabric chairs and sofas
• Dust coat racks, clocks, window ledges, pipes, vents, blinds and any
connecting vertical and horizontal wall surfaces
• Restore floor finish on non -carpeted floors
Classrooms, Auditoriums, Libraries and Reception Areas
Daily:
• Empty waste baskets/receptacles and replace liners
• Clean dry erase or chalk boards and trays
Weekly:
Monthly:
• Vacuum traffic patterns on carpeted floors; remove gum and soil spots
• Dust mop and wet mop tiled floors
• Clean glass in doors and partitions
• Dust furniture surfaces and damp clean tabletops
• Empty pencil sharpeners
• Vacuum carpeted areas thoroughly
• Clean door surfaces
• Restore floor finish on non -carpeted floors
• Dust high vents, lights, pipes, blinds and connecting vertical and horizontal wall
surfaces
• Vacuum upholstered chairs
Conference Rooms
Daily:
• Empty waste baskets/receptacles
• Clean dry erase and chalkboards and chalk trays
Three (3) Times Weekly:
• Vacuum traffic patterns on carpeted floors and remove gum and soil spots
Facilities Cleanliness Standards
Page 3 of 5
Weekly:
• Dust mop and wet mop tiled floors
• Clean glass in doors and partitions
• Dust furniture surfaces and damp clean table tops
• Empty pencil sharpeners
• Vacuum carpeted areas thoroughly
• Clean door surfaces
Public Stairs
Daily:
Weekly:
Monthly:
• Dust mop and wet mop
• Dust handrails, radiators, window ledges, clean risers and ledges
• Dust high vents, lights, pipes, blinds and connecting vertical and horizontal wall
surfaces
Cony Rooms
Daily:
• Empty waste receptacles and replace liners
• Dust mop tiled floors
• Vacuum carpeted floors, remove gum and soil spots
Weekly.
• Thoroughly vacuum vents
• Clean door surfaces
Monthly:
• Dust clocks, window ledges and blinds, restore floor finish on non -carpeted floors
Shower Stalls, Community Centers, Other Facilities
Daily:
• Remove foreign matter and soap. Clean disinfect floors
• Flush floor with clear water and squeegee dry
• Disinfect shower walls
• Clean beneath shower mats. Clean and disinfect mats
Twice Weekly:
• Clean handles, showerheads and other fixture hardware
• Scrub and disinfect shower room walls. Remove scum from walls
Break Rooms
Daily:
• Clean tabletops with disinfect
• Empty waste receptacles and replace liners
Facilities Cleanliness Standards
Page 4 of 5
• Dust mop and wet mop tiled areas
• Vacuum carpeted areas and mats, remove gum and soil spots
• Disinfect drinking fountains
• Wipe chairs with damp sponge
Twice Monthly:
• Dust vents, lights, pipes and blinds
Gymnasiums, Activity Areas
Daily:
Weekly:
Monthly:
• Empty waste receptacles and replace liners
• Dust mop court floors and spot clean
• Dry mop gym floor with recommended product
• Clean glass in doors and partitions
• Clean and disinfect drinking fountains
• Remove gum and soil spots
• Dust mop and wet mop tiled floors
• Spot clean walls
• Clean glass in doors and partitions
• Vacuum carpeted areas thoroughly
• Clean door surfaces
• Spray and buff tiled floors; remove scuff marks
• Dust or vacuum vents, lights, pipes, blinds, drapes, etc.
• Vacuum upholstered furniture. Clean all wooden and other furniture
Facilities Cleanliness Standards
Page 5 of 5
M&C Review
Page 1 of 2
COUNCIL ACTION: Approved on 12/15/2009
Official site of the City of Fort Worth, texas
i r
DATE: 12/15/2009 REFERENCE NO.: C-24009 LOG NAME: 80FWISD-NS &
SS
CODE: C TYPE: NON -CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize the Execution of a License Agreement at Northside Community Center and
Southside Community Center for Use by the Fort Worth Independent School District Adult
Education Center
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a License Agreement
with the Fort Worth Independent School District for the use of designated space at the Northside
Community Center located at 1100 Northwest 18th Street, Fort Worth, Texas, 76106, and at
Southside Community Center located at 959 East Rosedale, Fort Worth, Texas, 76104, for the
operation of the Fort Worth Independent School District Adult Education Center.
DISCUSSION:
The proposed License Agreement (Agreement) will allow the Fort Worth Independent School District
(FWISD) Adult Education Center to provide free instruction in the following areas: Adult Basic
Education, English as a Second Language (ESL) and Adult Secondary Education classes.
Recent census data shows a growing need for ESL and adult basic education classes in the
northside and southeast communities. The educational attainmeht for populations 25 years of age
and over in the 76104 census tract shows that 22.8 percent have less than a 9th grade education,
while 26.9 percent have a 9th to 12th grade education but no high school diploma. The 76106 census
tract shows that 39 percent have less than a 9th grade education, while 26.8 percent have 9th to 12th
grade education but no high school diploma. The FWISD Adult Education Center will meet a great
need for the northside and southeast communities.
FWISD will be responsible for all allowable costs to operate the program including payment of
teachers, computer lab managers, teacher aides, testers and/or instructional monitors and vendors
for instruction materials and supplies. The organization is comprised of instructors with valid Texas
teacher certification and training by the Texas Education Agency and FWISD/North Central Texas
Consortium. Services will be available to citizens 18 years of age or older, not currently enrolled in
school, 17 year olds may be admitted only with an official letter of withdrawal from their respective
school district and parental permission.
FWISD Adult Education Centers will have partial use of the facilities during varied operating hours
from Monday through Saturday. The Centers will be closed and unavailable for use on Sundays and
City holidays.
The term of the Agreement will begin January 1, 2010, and end December 31, 2011, for a rental rate
of $2,045.76 per year at the Northside Community Center and $4,378.26 per year at the Southside
Community Center with two one year renewal options.
The project is located in COUNCIL DISTRICTS 2 and 8.
http://apps.cfwnet.org/council�acket/mc review.asp?ID=12760&councildate=l2/15/2009 8/26/2010
M&C Review
Page 2 of 2
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Parks and Community Services
Department is responsible for the collection and deposit of funds due to the City.
TO Fund/Account/Centers
GG01 465255 0800522 2 045.76
GG01 465255 0800504 4 378.26
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FROM Fund/Account/Centers
Charles W. Daniels (6183)
Richard Zavala (5704)
Sonia Singleton (5774)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=12760&councildate=l2/15/2009 8/26/2010