HomeMy WebLinkAboutContract 55462CSC No. 55462
CITY OF FORT WORTH
SHORT TERM LICENSE AGREEMENT FOR
USE OF TRAINING FACILITIES
Bob Bolen Public Safety Complex
Fort Worth Police Training Academy
505 West Felix Street
Fort Worth, Texas 76115
This License Agreement ("License") is made and entered into by and between the City of Fort Worth
("City") a municipal corporation of the State of Texas, acting by and through Jesus J. Chapa, its duly
authorized Deputy City Manager ("Manager") and United States Marshals Service. hereinafter called
Licensee, for the following express purposes and conditions, all of which Licensee hereby covenants and agrees with City to keep and perform:
I.PAYMENT TO CITY AND GRANT AND TERM OF LICENSE
l.l That City, for and in consideration of the License Fee, covenants and promises hereincontained to be kept, performed and observed by Licensee, does hereby agree to furnish certain Space (as hereinafter defined) to Licensee at the Bob Bolen Public Safety Complex, 505 West Felix Street, Fort Worth, Tarrant County, Texas 76115 ("Facility"), as designated below, and Licensee agrees as
consideration hereof and as payment for the right herein granted to use the Space for the Authorized Use (as defined in Section 2.1):
March 15, 2021-March 26, 2021
Date(s) and Facility Name Total
March 15, Monday (8am-5pm)-Classrooms 1426, 1439, and the tactical village $1,985.00
March 16, Tuesday (8am-5om)-Classrooms 1426, 1439, and the tactical village $1,985.00
March 17, Wednesday (8am-5pm)-Classrooms 1426 and 1439 $1,185.00
March 18, Thursday (8am-5pm)-Classrooms 1426, 1439, and the tactical village $1,985.00
March 19, Friday (8am-5pm)-Classrooms 1426, 1439, and the tactical village $1,985.00
March 22, Monday (8am-5pm)-Classrooms 1426, 1439, and the tactical village $1,985.00
March 23, Tuesday (8am-5pm)-Classrooms 1426, 1439, and the tactical village $1,985.00
March 24, Wednesday (8am-5pm)-Classrooms 1426 and 1439 $1,185.00
March 25, Thursday (8am-5pm)-Classrooms 1426, 1439, and the tactical village $1,985.00
March 26, Friday (8am-5pm)-Classrooms 1426, 1439, and the tactical village $1,985.00 I I Total (License Fee): $18,250.00
1.2 The approved fees for the Facility are shown on Attachment I-Space Usage and are stated on a per day basis, as set forth above. The License Fee amount of$18,250.00 has been waived.
1.3 Licensee Parties, as defined below, shall not access any portions of the Facility unless authorized under this License. Access to police training classrooms is subject to all requirements of Title 28 of the Code of Federal Regulations (28 CFR, Chapter 1, Part 20), the Department of Justice, FBI
Division, CJIS Security Policy, Version 5.3 8/2/2014 ("Policy"), as amended, regarding security processes and procedures for the cr eation, viewing, modification, transmission, dissemination, storage, and destruction of Criminal Justice Information (CJI). All persons accessing the police training classrooms and any other physically secure locations and controlled areas during CJI processing shall be subject to a state
and nationa! fingerprint-based record check unless tF►ese individuais are escorted by authorized persorinel
at all times. Licensee shall comply with, and shall ensure all Licensee's offcials, employees, officers,
directors, agents, contractors, subcontractors, sublicensees, participants, attendees consultants,
subconsultants, invitees, volunteers, service providers, and representatives of Licensee's, or any person
admitted to the Facility by Licensee ("Licensee Parties") comply with, all requirements of City related to
the Policy and access to the Space. Licensee's method of compliance with the Policy shall be memorialized
in writing and ap�roved by the City staff person in charge of the licensing of the police classrooms.
II. USE OF LICENSED PROPERTY AND EQUIPMENT?CITY'S SUPERIOR INTEREST
2.1 The Space and Equipment shalk be used for the purpose of authorized meetings or training and
for no other purpose without the prior written consent of the City, specifically as follows (collectively, the
"Authorized Use"): in-seat classroom and hands-on, practical skills training, demonstration in the
Classroom and range training on weapons. The Authorized Use is further described in At[achment III.
Licensee may not use the Space for any purpose other than the Authorized L1se. Licensee shall provide City
with a signed general release of liability and hold harmless agreement, in the form attached hereto as
Attachment II, for each person accessing portions of the training facility other than the auditorium and
classrooms.
2.2 PERSONNEL AND �XCLUSIVE SERV[CES. Licensee shall employ sufficient qualified
personnel as may be required for the proper use and occupancy of the Space including, but not limited to,
registration personnel, security guards and paramedics, and other personnel deemed necessary by the
Manager. Licensee agrees that each person employed by Licensee to provide services in the Facility will at
all times maentain a neat and ciean appearance and conduct himself/herself in a polite and professional
manner. Licensee agrees to replace any such empfoyee failing to do so upon notice by Manager.
2.3 CITY'S SUPERIOR INTEREST��CONTROL OF PREMISES AND FACILITY. Licensee
ackr�owledges that this License is in the nature of a privilege to use the Space, and, therefore, is revocable
by City, and City does not purport to convey any rea! property interest in any of the property over, under
or upon the Space. C�ty reserves the right to enter upon the 5pace at any time for asserting its superior real
property inferests or for emergency purposes. In furnishing the Space, City reserves the right to control the
management thereof, and to enforce all necessary and proper rules for the management and operation of
said premises and the Facility.
2.4 REMOVAL OF INSTALLATIONS, EXHIBITS, AND ALL OTHER PROPERTY. Alk
installations, exhibits, training materials, and all other property (collectively "property") belonging to
Licensee shall be removed fram the Facility on or before the expiration of the Term hereof. In the event
that the above stated area is not vacated and property of Licensee removed by Licensee, including
Licensee's personnel, on the date abo�e named, City is hereby authorized to remove from tt►e Facility all
property of any and all kinds and description which may then be occupying said Facility. City may dispose
of the property by any legal means, or, at City's sole discretion, may notify Licensee of the removal of the
property and store the property at the expense of Licensee for so long as City deems reasonable to aliow
Licensee to retrieve the property. City shall not be liable for any damages to or ]oss of such property which
may be sustained due to such removal or resulking from the place to which it may be removed. City is
hereby expressly released from any and all claims far any damages of whatever kind or nature.
2.5 ALTERATIONS. Licensee will not cause or permit any nails or any other things to be driven
into any portion of the Facility, nor cause or perm�t any changes, alterations, repairs, painting or staining of
any part of the F'acility or furnishing or the Equipment thereof, nor do or pernut to be done anything which
will damage or change the finish or appearance of the Facility or the furnishings thereof. TAPE OR OTHER
ADHESIVE MATERIALS MAY NOT BE APPL[ED TO WALLS OR OTHER SURFACES OF THE
Facility WITHOUT THE PRIOR WRITTEN APPROVAL OF Manager. ALL PRODUCTS THAT
CREATE A 5UB5TANTIAL RiSK OF DAMAGE OR EXCESSIVE LITTER ARE PROHIBITED.
Licensee will pay the costs of repairing any damages which may be done to the Facility or any of the
fxtures, furniture or furnishings thereof by an act of Licensee or any of Licensee's employees or agents or
anyone visiting the Facility upon the invitation of Licensee, including the participants and akkendees of the
presentation of Licensee. Manager shalI determine whether any damage has been done, the amount of the
damage, the reasonable cost of repairing it, and whether, ur�der the terms of this License, Licensee is to be
heid responsible.
2.6 SEAT[NG CAPACITY. In no event sha]] attendance at an event be in excess of the designated
capacity as determined by City's Fire Marshal.
2.7 AISLES AND ALL ACCESS CLEAR, C,icensee will permit no chairs, movable seats or other
obstructions to be or remain in the entrances, exits, or passageways and will keep same cl�ar at all times.
No portion of the sidewalk, entries, passage, vestibules, halls, ele�ators, ar access to public utilities of said
buikding shall be obstructed by Licensee or used for any purpose other than for ingress and egress to and
from the Space.
2.8 RESPONSIBILITY FOR DAMAGE. If the 5pace, or any portion of the Facility, during the
term of this License shall be damaged by the act, default or negligence of Licensee, or Licensee Parties,
Licensee will pay to City, upon demand, such sum as shall be necessary to restore Facility to its present
condition. Licensee hereby assumes full responsibility for the character, acts and conduct of alk persons
admitted to the Space, or to any portion of the Faciiity with the consent of Licensee's employees or any
person acting for or on behalf of Licensee.
2.9 SECURITY PERSONNEL. As a co�dition of the granting of this License, Licensee agrees
to provide adequate security at all times if deemed necessary by the Manager. Security arrangements must
be made through the Manager or his designee.
2.10 LIC�NSEE' S REPRESENTATIVE. A representative of Licensee approved by Manager oe
his designee shall remain at the Space during the Term and until all participants, attendees and the public
have left the Space and the Facility.
2.11 RESERVED RIGHTS. City reserves the sole and exclusive right to sell ar serve on, in or
about the Space any soft drinks, food, souvenirs, or other merchandise, or City may grant a!1 concession
rights to any party or parties designated by City, and no food or beverage, samples or otherwise, may be
served or distributed by Licensee without the prior written consent of City. City likewise reserves the right,
through its Manager, his designee or City's police officers, to eject any objectionable persons from the
Facility and upon the exercise of this authority, Licensee hereby waives any right and all claims for damages
against City, or any of its agents, officials, or employees.
III. INDEMNITY AND LIABILITY
3.1 TO THE FULL EXTENT ALLOWED BY LAW, LICENSE� COVENANTS AND
AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS, CITY AND THE ELECTED
OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS,
SUBCONTRACTORS, OTHER LICENSEES, SUBLICENSEES, LESSEES, SUBLESSEES,
CONSULTANTS, SUBCONSULTANTS, INVITEES, VOLUNTEERS, UTILITY PRQVIDERS,
SERVICE PROVIDERS, AND REPRESENTATIVES OF CITY, 1NDIVIDUALLY OR
COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS,
DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTiES, PROCEEDINGS, ACTiONS,
DEMANDS, CAUSES QF ACTIQN, LIABILITY AND SUITS UF ANY KIND AND NATURE,
INCLUDING BUT NOT LIMITED TO, BODILY INJURY OR DEATH AND PRQPERTY
DAMAGE, MADE UPON CITY, DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING
FROM OR RELATED TO LICENSEE'S ACTIVITIES, CITY'S ACTIVITIES, QR THIRD
PARTY'S ACTIVITIES UNDER THIS LICENSE AGREEMENT, INCLUDING ANY ACTS OR
OMISSIONS OF LICENSEE, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE,
EMPLOYEE, CONSULTANT, SUBCONSULTANT, SUBLICENSEE OF LICENSEE,
CONTRACTORS, SUBCONTRACTORS, VOLUNTEERS, INVITEES, PARTIC�PANTS, AND
ATTENDEES AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DjRECTORS
AND REPRESENTATIVES WHILE IN THE EXERCiSE OR PERFORMANCE OF THE RIGHTS
OR DUTIES LTNDER THIS LICENSE, ALL WITHOUT, HOWEVER, WAIVING ANY
GOVERNMENTAL IMMUNITY AVAlLABLE TO CITY UNDER TEXAS LAW AND WITHOUT
WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF
THIS INDEMNIFICATIO�V ARE SOLELY F�R THE BENEFIT OF THE PARTI�S HERETO
AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR
OTHERWISE, TO ANY OTHER PERSON OR ENTITY. LICENSEE SHALL PROMPTLY
ADVISE CITY IN VYRITING OF ANY CLAIM �R DEMAND AGAINST THE CITY OR
LICENSEE KNt}VYN TD LICENSEE RELATED TO UR ARISING OUT OF LICENSEE'S
ACTIVITIES INCLUDING THOSE NAMED ABQVE, {AGENTS, ETC.}, CITY'S ACTIVITIES
QR THIRD PARTY'S ACTIVITIES UNDER THIS L�CENSE AND SHALL SEE TO THE
INVESTIGATION AND DEFENSE OF SUCH CLAIM OR DEMAND AT LICENSEE'S C�ST.
CITY SHALL HAVE THE RIGHT, AT ITS OPTION AND AT ITS OWN EXPENSE, TO
PARTICIPATE IN SUCH DEFENSE WITHOUT RELIEVING LICENSEE QF ANY OF ITS
OBLIGATIONS UNDER THIS PARAGRAPH. NOTWITHSTANDING ANY CQNDITION
IMP05ED BY A POLICY OF INSURANCE TO WHICH LICENSEE AND CITY ARE NAMED,
CITY SHALL RETAIN THE RIGHT, AT ITS OPTION AND AT ITS OWN EXPENSE, TO
PARTICIPATE IN ANY SUCH DEFENSE PROVIDED BY LICENSEE OR LICENSEE'S AGENT
UNDER THIS ARTICLE.
3.2 IT IS THE EXPRESS INTENT OF THE PARTIES TO THIS LICENSE AGREEMENT,
THAT THE INDEMNITY PROVIDED FOR IN THIS ARTICLE, IS AN INDEMNITY
EXTENDED BY LICEiVSEE TO INDEMNIFY, PROTECT AND HOLD HARMLESS CITY
FROM THE CONSEQUENCES OF CITY'S OWN NEGLICENCE, PROVIDED, HOWEVER,
THAT THE INDEMNITY PROVIDED FOR IN THIS ARTICLE SHALL APPLY ONLY WHEN
THE NEGLIGENT ACT OF CITY IS A CONTRIBUT4RY CAUSE OF THE RESULTANT
INJURY, DEATH OR DAMAGE, AND SHALL HAVE NO APPLICATION WHEN THE
NEGLIGENT ACT OF CITY IS THE SOLE CAUSE OF THE RESULTANT INJURY, DEATH OR
DAMAGE. FURTHER, THE jNDEMNITY PR�VIDED FOR IN THIS ARTICLE SHALL NOT
APPLY TO AN INJURY, DEATH, flR DAMAGE CAUSED BY THE GROSS NEGLIENCE OR
WILLFUL MISCONDUCT OF CITY. LICENSE� FURTHER AGREES TO DEFEND, AT ITS
OWN EXPENSE AND ON BEHALF OF CITY AND IN THE NAME OF CITY, ANY CLAIM �R
LITIGATION BROUGHT AGAINST CITY AND iTS ELECTED OFFICIALS, EMPLOYEES,
OFFICERS, DIRECTORS AND REPRESENTATIVES, IN CONNECTION WITH ANY SUCH
INJURY, DEATH OR DAMAGE FOR WHICH THIS INDEMNITY SHALL APPLY AS SET
FORTH ABOVE.
3.3 Certain uses on the Facility will reyuire individual waivers from each participant. In
addition, individual parenta] waivers will be required far youth events. Al] waivers must be submitted
fourteen (14} calendar days prior to the event. City is nat responsible for any damages, injuries, or death
related to use of the Facility. Licensee is required to have a pre- and post-walkthrough with City siaff,
including Facility administrative staff and an IT Liaison (as required) for each event. If applicable, a list of
damages discovered on the post-walkthrough and afterward will be submitted to the Facility's
administrative office and Licensee shall be subject ta payment for the damages as required herein.
IV. INSURANCE REQUIREMENTS
4.1 The Licensee is a governmental entity under the laws of the state of Texas and pursuant to
Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by Governmental Units," is self-
insured and therefore is not required to purchase insurance. Licensee will provide a ietter of self-insured
status upon request.
V. COPYRIGHT INDEMNIFICATION
5.1 LICENSEE AGREES TQ ASSUME FULL RESPONSIBiLITY FOR COMPLYING
'WITH THE FEDERAL COPYRIGHT LAW OF 1978 (17 U.S.C. 101, ET SEQ, AS AMENDED,}
AND ANY REGULATIONS ISSUED THEREAFTER INCLUDING, BUT NOT LIMITED TO,
THE ASSUMPTION OF ANY AND ALL RESPONSIBILITIES FOR PAYING ROYALTIES
WHICH ARE DUE FOR THE USE OF COPYRIGHTED WORKS IN LiCENSEE'S
PERFORMANCES OR EXHIBITIONS TO THE COPYRIGHT OWNER, OR
REPRESENTATIVES OF SAID COPYRIGHT OWNER, AND, TO THE FULL EXTENT
ALLOWED BY LAW, LICENSEE ACREES TO DEFEND, INDEMNIFY AND HOLD
HARMLESS CITY, ITS OFFICERS, EMPLOYEES AND AGENTS, FOR ANY CLATMS, LOSSES,
EXPENSES OR DAMAGES GROWING UUT UF L�CENSEE'S INFRINGEMENT OR
V[QLATION QF THE COPYRIGHT LAW AND/OR REGULATIDNS.
VI. LAW OBSERVANCE/TAXES
6.1 Licensee shail not do, nor suffer ko be done, anything in the Facility, during the Term of this
License, in violation of the laws of the United States, the 5tate of Texas, or any of the ordinances of City
ar Tarrant County, Texas, including, but not limited to, License requirements of City. Further, Licensee
shall obey all rules and regulations of City for the government and management of the Faciiity, together
with all rules and requirements of the police and fire departments of City. Licensee agrees that every
eznployee, agent or invitee connected with the purpose for which the Space is licensed shail abide by,
conform to and comply with all and any such rules, ]aws, and ordinances. If the attention of said Licensee
is called to such violations, Licensee will immediately desist from and correct such violations.
6.2 If actual sales are made in the Facility, Licensee must inform each seller of the applicable sales
tax. This rate is sub}ect to change and Licensee must check with the Local State Comptroller's Office (1-
800-252-5555) prior to show date to ascertain the current rate. Additionally, Licensee is responsible far
ensuring that said Licensee or those selling under Licensee possesses a sales pernvt number prior to the
start of the event.
ViI. ATTORNEY'S FEES
If City is required to file suit to collect any Licer►se �'ee or other amount owed to City under this
License for Licensee's use of the Space, City shali be entitled to collect reasonable attorney's fees.
VIII. NON-DISCRTMINATTON
Licensee, its agents, and employees agree not to discriminate on account of race, color, religion,
national origin, gender, handicapped condition, transgender, gender expression, or gender identity in the
use of or admission to the Facility.
IX. PERFORMANCE QUALITY
Licensee hereby agrees that no activity, event, performance, exhibition or entertainment
(collectively "presentation") shall be given ar held or take place in the Space herein described which is
potentially dangerous to the public or which is illegal, indecent, obscene, lewd, immoral, or in any manner
offensive to persons of ordinary sensibilities and should any presentation or any part thereof he deemed by
Manager to be dangerous, illegal, indecent, obscene, lewd, immoral or in any manner offensive to persons
of ordinary sensibilities, then said Manager shall have the right to demand of Licensee that Licensee
immediat�ly, upon receipt of such notice, cease its presentation, or make the changes demanded by the
Manager.
/:�:%��I�Zf]�1��] Illl�u(.y
City shall have the sole right to collect and have custody of articles left in the Facility by persons
attending any presentation given or held in the Space. Licensee agrees to hold City harniless for dispensing
of said articles not claimed within 24 hours after the end of the presentation, and City may dispose of same
through any legal means without notice to Licensee.
XI. TERMS USED
It is understood that whenever this License authorizes or requires City to take any action, it may be
done by Manager, his designee or by other persons designated by the City Manager, unless the City Charter
reyuires that the City Manager take such action or that the City Council approve such action.
XII. CANCELLATION
f 2.1 BY L[CENSEE. Requests to cancel or reschedule an event should be sent to City in writing
at least fourteen (14) calendar days before the original event date. Events may be rescheduled to a later
date within six months of the original date based on space avaiiability. A reschedule fee of $50 per rented
space will apply. Cancellation refunds shall be as follows and may take up to 8 weeks to process:
6 weeks or more prior to event
2-6 weeks prior to event
Less than two weeks prior to event
Cancellation due to inclement weather
Refund 75°/a af rental fee
Refund 50°•0 of rentat fee
No refund
Reschedule or Refund 75°ro of reservation fee
12.2 BY CITY. Violation by Licensee of any covenant, agreement ar condition contained
herein shali be cause for tern►ination hereof by City. In such a case, Licensee forfeits any payment already
made and is entitled to a refund only if the canceled Space is re-booked to another party. In addition, City
may ]iicewise terminate this License if the Licensee should, prior to the date of occupancy thereunder,
violate any covenant, agreement, ar condition in any other agreement which the Licensee rrught have for
use of the Facility or should a court having jurisdiction over Licensee take its assets pursuant to proceedings
under the provisions of any Federal or State reorganization code or act. Written notice of such cancellation
will be given to License� by Manager. Licensee waives any and all claims for damages against City
resulting from such cancellation.
XIIi. NO WAIVER
No waiver by City of any default or breach of any covenant, condition, or stipulation herein
contained shall be treated as a waiver of any subsequent default or breach of the same or any other covenant,
condition, or stipulation hereof.
XIV. IMP05SIBILITY OF PERFORMANCE
14.1 If the (a) Facility or any portian thereof be destroyed or damaged by fire or other calamity
so as to prevent the use of the Space for the purposes and during the periods specified in this License, or
{b) if the use of the Space by Licensee shall be prevented by an act of God, strike, lockout, material or labor
shortage, restrictions by any governmenta] authority, civil riot, flood, or any ather cause beyond the control
of City, then this License st�all terminate. City shall not be ]iable or responsibfe to Licensee for any damages
caused thereby and Licensee hereby waives any claim against City for damages by reason of such
terminations, except that any unearned portion of the rent due thereunder shall abate, or, if previously paid,
shall be refunded by City to Licensee.
14.2 Further, City reserves the rigfit to relocate Licensee to an alternate space within the Facility
which is suitable for the use of Licensee should such relocation become necessary. In the event of such
relocation, this License shall continue in full force and effect with the new location substituted for the old
location. City shall use its best efforts to avoid any unnecessary inconvenience to Licensee.
XV. SEVER.ABILITY
In case any one or more of the provisions contained in this License shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other pcovision thereof, and this License shall be considered as if such invaiid, illegal, or
unenforceable provision had never been containeci herein.
XVI. NOTICES
Any notices required or appropriate under this License shall b� given in writing at the addresses
shown below:
CITY:
c!o Sr. Contract Compliance Specialist
Bob Bolen Public Safety Complex
505 West Felix Street
Fort Worth, Texas 7b115
With a copy to:
City Attorney
City of Fort Worth
200 Texas Street
Fort Worth, Texas 7b 102
LiCENSEE:
United States Marsl�als 5ervice
1100 Commerce St #1657
Dallas, TX 75242
214-767-0836
XVII. HEADINGS
The Article headings contained herein are for convenience of reference and are not intended to
defne, extend, or kimit any provisions of this License.
XVIII. NO ASS�GNMENT
This License is personal to Licensee. It is nonassignable and any attempt to assign this License
will terminate all rights and privileges herein granted.
/:� ►:A1 Y �Y,�:�cl �1:\i.�ll C�7:� � � �`I
This L,icense wikl be interpreted according to the Constitution and laws of the State of Texas. Venue
of any court action brought directly or indirectly by reason of this License shall be in Tarrant County, Texas.
This License is made and is to be performed in Tarrant County, Texas, and is governed by the laws of the
State af Texas.
XX. ENTIRE AGREEMENT
This License conEains the final and entire agreement between the parties hereto and contains all af
the terms and conditions agreed upon, and supersedes all other agreements, oral or otherwise, regarding the
subject matter of this License, none of which shall hereafter be deemed to exist or to bind the parties hereto;
it being the intent of the parties that neither shall be bound by any term, condition, or representation not
herein written or contained in Addendum(s},
XXI. AUTHORIZED AGENT
The signer of this License for Licensee hereby represents that he or she has full authority to execute
this License on behalf of Licensee.
[Signature page fallowsJ
CITY OF FORT WORTH:
By: Jesus J. Chapa (Mar 25, 2021 20:22 CDT) Jesus J. Chapa Deputy City Manager Date: ------------
APPROVAL RECOMMENDED BY: Neil Ntiake:rBy: Neil Noakes (Mar 24, 2021_ 20:25 CDT) Neil Noakes Chief of Police Date: ----------�-
APPROVED AS TO
FORM AND LEGALITY:
!AwJ!fu\Jl By:('--F-_ ·-------�--Jessika Williams Assistant City Attorney ATTEST:
B Mary J. Kayser City Secretary Form 1295 Certification No: NOT REQUIRED This agreement does not require City Council approval. Contract Compliance Manager: By signing I acknowledge that I am the person responsible UNITED ST ATES MARSHALS
SERVICE
By:-?t(�Marco Villarreal (A)ChiefDate: �/l,\ 'a,) for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. J-L.� Sasha Kane (Mar 11, 2021 11:11 CST)
Sasha Kane
Sr. Contract Compliance Specialist
ATTACHMENT 1
SPACE USAGE
Faciiity Name �/2 Day Fult D�y Notes
(9 hours)
. �TT. � - COMMON AREAS FIRE/POLICE
Auditorium 65d 1080 '
Multi-Purpase Room (max. 245) $71Q $1,180 Incl. use ofLobby/Launge/Kitchen
Labby $710 $1,180 Incl. use ofLoungelKitchen
Lounge $325 $540 Incl. use af Kitchen
FIRE M��TING FACIL.mES
_
Classroom 1283 max. 18 $285 475
Classroom 1266 max. 24} $285 $475
Classraom 1261 max. 3? $285 $475
Classraom 1258 max. 38} $285 $475
Gassroom 1275 (max. 38j $Z85 $475
Classroom 1277 (max. 38 $285 $475 ' ���� �
Classroam 1214 (max. 50) $4Z5 $710
Classroom 1�b4 max. S1 425 710
Simulator 1266 max. 24 325 540
Computer Lab 1267 (max. 24) $485 $810
FIR� DRI�1. GRQUNDS*
Incl. use of burn props, propane, Radio
8-Story Tower - Live Burns $1,200 $2,000 7ower, SCBA compressor
8-Story Tower - No eurns $600 $1,OD0 Intl. use Radio Tower, SCBA
cam ressor
Radio Tower b00 1 000
Warehause Simulatar $450 $75Q
A uatics Simulatar 3b0 600
Flashover Chamber 720 1 200 Daes not include materials
Inci, fuel, travef/delivery (if
Vehicie Fire Prop $1,020 �1l7fl4 re uested
Intl. use of burn props, SCBA
Class A Sur� Lab - Live Burns $1,020 $1,700 compressor (materials provided at
cost
CIa55 A Burn Lab - No Burns 54Q 9Q0 Incl. SCBA cam ressor
Confined/Trench Space $450 $750 Supplies not included
Fire Additional Staffin�
Instructor/7rai ner
$75/hour per persan
Safety Officer
$75/hour per person
*Based on the number of attendees and planned training activities, additional instructors andfor safery officers
may be required in order to comply with NFPA 1403 at the Event Holder's cost. In such instances, the Sraf�ng
Rates wil! al. Material costs will6e 6ased on current market rates.
�OLICE MEETiNG FACILITIE5**
Classraom 1134 (max. 35) $285 $475
Classroom 1135 {max. 35) $300/4 hours only after 5pm}
Computer Lab 1142 (max. 24j �z85 $475
Computer Lab 1146 [max. 24) $zg5 $475
Classroom 1166 (max. 48) �2g5 $475
Classraom 1233 (max. 48} $425 $710
Classroom 1416 Weapons Range
Area max.32 �285 $475
Classroom 1426 Weapons Range
Area max, 48 �425 $710
Classroom 1439 Weapons Range
Area max.32 $285 $475
Firing Range # 1(50 yard, 40 lane) $650Jhour (4 hour minimum required}
Firing Range # 2(25 yard, 5 lane) $125/hour {4 haur minimum required)
Firing Range # 3(25 yard, 30 lane) $425/hour (4 hours minimum required)
Firing Range # 4{104 yard, 1Q lane} $165/haur (4 hour minimum required}
Tactica! Village $100/hour
Driving Track $100/hour
Use of Force Simulator $65/hour
Police Additional Staffing
Police Officer $68/hour per person
IT Liaison $6$/hour per person
Police Instructor $75/hour per person
*Janitorial $11/hour per person
*Palite Stipulations
*Room 1135 is available for use after 5pm ($3D0/4 hours if approved fo� use)
*Specialized areas are charged per hour
*Janitorial - Recommends 2 staff inembers per every 175 guests
'*For PDLlCE License Fees that are sfated on a per day basis, and Licensee agrees Lo pay the fu11 daily License Fee, even if any or aR of the
res ective 5 oce ore used or a ortion o a da .
NOTE: Al! rentaf Jees anG deposits are due +n rufl ot irme ot booking and may be paid by credit/debit card. Prices listed above are subject to
chvnge. 8ase rates listed above do not include overtime fees ordeposits.
In the case oj City of Fort Worth depart+nents, only norr-Genera! Fund departments wi!! 6e charged jees for space reservotions. Generp!
Fund depar[ments will orrly be charged where supplementa! fees are required for extra services s�ch os janitoripl, security, e[c.
AT'i'ACHMENT II
WAIVER, RELEASE, AND INDEMNITY ACREEMENT
I, , for myself, my heirs and assigns, hereby affirm that I am aware that my
use of the Bob Bolen Public Safety Complex, located at 505 West Felix Street, Fort Worth, Tarrant County,
Texas 76115 ("Facility"} has inherent risks. As a condition precedent to my use of the Facility, I confirm
that I understand and accept all risEcs, dangers and hazards presented by my use of the Facility, and 1 am
using the Facility freely aad voluntarily. In consideration of being permitted to utilize the Facility, I hereby
assume all risk af harm and injury to myself and others, as well as to the property af others, which may
result fram my use of the Facility, regardtess of the cause or blame.
Further, I, far myself, my heirs and assigns, in consideratior► of being able to utilize the Facility, do
hereby FOREVER RELEASE AND WATVE all claims against the City af Fort Worth, its officers, agents
and employees, for injuries, death or property damage which may arise from my use of the Facility. This
waiver and release is intended to release and forever discharge the Citv of Fort Worth, its officers.
servants. a�ents and emalovees from anv and aIl clairns, actions, causes of action, dama�es, losses or
expenses. includin� attornev's fees whether real or asserted, of every kind or character, arisinQ out
of mv use of the Facilitv. This waiver is intended to release the Citv of Fort Worth, i,ts officers,
servants, a�ents and em�lovees even if said iniuries. death or other damages are caused in whole or
in part bv the alleged acts of commission, omission, ne�li�ence. �ross neQzi�ence. breach of contract,
intentional conduct. violation of statute or common law, breach of warrantv. aroduct defect, strict
product liabilitv, or anv other conduct whatsoever of the Citv. its officers, servants, a�ents or
emalovees. I, for myself, and my heirs and assigns hereby assume a!1 responsibility and liability far such
injuries or damages, including death, and hereby covenant not to sue the entities and parties named above
for such injuries or damages.
I FURTHER AGREE Tfl INDEMNIFY AND DEFEND THE CITY AND HQLD THE CITY
HARMLESS FROM ALL CLAIMS, TOGETHER VYITH ALL COSTS, EXPENSES, AND LEGAL
FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO MY
USE OF THE FACILITY. THIS INDEM1vITY PROVISION (INCLUDING, WITHOUT
LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL �'EES) IS SPECIFICALLY
INTENDED Ta OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT
ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN
PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF
CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR C�MMON LAW,
BREACH OF WAR.RANTY, PRODUCT DEFECT, STRICT PR�DUCT LIABILITY, OR ANY
OTHER CONDUCT WHATSQEVER OF THE CITY. I REALIZE THAT $Y SIGNING THIS
AGREEMENT, I AM GIVING UP MY R1GHT TO SUE THE C�TY FOR INJURY, DEATH OR
DAMAGE I MAY SUFFER THROUGH MY USE OF THE FACILITY. IF ANY COURT FINDS
A PORTION OF THIS AGREEMENT TO BE INVALID, THE REMAINDER {?F THE
AGREEMENT WILL NOT BE AFFECTED.
I have read this Waiver, Release, and Indemnity Agreement and fully understand its terms,
provisions and cor►ditions. I have not been influenced to any extent whatsoever by any representations or
statements not contained within this agreement. I also represent that I am at least 18 years af age.
Dated this day of , 2019.
Participant's Signature
Address
City, State and Zip Code
Telephone
ATTACHMENT III
SCHEDULE OF SPACE USAGE
Date af use: - March 15, 2Q21 — March 19, 2021 and March 22, 2021 March 2b, 2421
Time of use: 8:00 a.m.-5:00 p.m.
The U.S. Marshals Service is a federal law enforcement agency that is seeking a venue to
provide training for their agents, as well as, other law enforcement officers that
participate in the Fugitive Task Force. This training is being provided by the U.S.
Marshals Service at no cost to their law enforcement partners including officers within
FWPD's Fugitive Unit. The U.S. Marshals Service will not be generating any revenue
from this training; therefore, the Police Department is requesting any facility usage fees
be waived.
U.S. Department of Justice
United Sta�es Marshals Service
Office of General Counsel
Washington, DC 20530-1000
March 9, 2021
Jesus J. Chapa
Deputy City Manager
505 West Felix Street
Fort W orth, Texas 7f> 1] 5
Re:U.S. Marshafs Service Use of the Bob Bolen i'ublic Safety Campiex
Dear Mr. Chapa:
The U.S. Marshals Service {USMS), NQrthern District of Texas {NITX) requests use of the
Bob Bolen Public Safety Complex (Facility) far High-Risk Fugitive Apprehension (HRF'A) training
from March 15 through March 26, 2021. As requested, we will address the issue of lnsurance to
permit N/TX to use the Facility, and we a(so would like to provide assurances regarding the liabifity
of the USMS with respect to use of the Facility by NiTX.
First, with respect to Insurance to cover the potential risks of the USMS using the Facility,
the United States Government maintains a policy of self-insuring its own risk af loss upon the theory
that the magnitude of the Gavernment's resources makes it mare economical and advantageous far
the Government to carry its own risks than to have them assumed by private insurers. The USMS, as
a component of the Department of Justice, United States Government, profits from the Government's
self-insurance policy, and shall remain so for the purposes af using the Facility.
Second, the USMS offers the following assurances with respect to the liability of N/TX while
using the Range:
The USMS wi11 assume liability for claims and liability for personal and praperty damage arising
out of the acts, omissions, or negligence of the USMS ar its employees acting within the scope
af their employment (1) in the use of the Facility or {2) the failure of the USMS or its emptoyees
acting in the scape of their employment to abserve and abide by any of the terms or conditions
of the License Agreement. This assumption of liability is in accordance with, the liahility af the
Government under the Federal Tort Claims Act, 28 USC, §§ 2671-2680. Claims for tort damages
shall be submitted and adjudicated in accordance with the procedures of the Federal Tort Claims
Act and applicable State law.
We hope that this information will assist you in evaluating our request to use the Facility. If you
need any additional information, you may cantact me at 703-740-3944.
Sincerely,
JOAN ,°� ;`�;� "'
G BSON �;°'q�°'
Joni M. Gibson, Esq
USMS Office of the General Counsel
Cc: Toby Reed
Supervisory
Deputy USM