HomeMy WebLinkAboutContract 56743 CSC No.56743
Facilities Use Agreement Between
the Fort Worth Independent School District and the City of Fort Worth
THIS FACILITIES USE AGREEMENT (the "FUA") is entered into by and between the Fort Worth
Independent School District, a political subdivision of the state of Texas and a legally constituted
independent school district located in Tarrant County, Texas ("District") and the City of Fort Worth, a
Texas home rule municipal corporation(the "City"). The District and City may be collectively referred to
as"Parties"or individually as a"Party."
WITNESSETH
WHEREAS, District is the owner of certain real property known as the Scarborough-Handley
Field located at 6201 Craig Street,Fort Worth,Texas 76112;and
WHEREAS, due to the COVID-19 outbreak, the City has determined that extraordinary and
immediate measures must be taken in order to ensure the health and safety of the citizens of the City of Fort
Worth and the surrounding area; and
WHEREAS,the Parties desire to agree upon the creation of a public vaccination site to be held in
the Scarborough-Handley Field parking lot(the"Premises");
NOW THEREFORE,the Parties to this FUA mutually agree to the following:
1. Term. This FUA shall be for a period beginning on December 8, 2021 and ending on December 10,
2021 (hereinafter called the "Term"). City shall be entitled to access such Premises,during such Term
only for the limited purpose of running a public vaccination clinic at Premises. The public vaccination
site will operate on December 9t1i,2021 from 7:00am until 7:00pm.
2. Roles and Responsibilities of the Parties.
2.1.The District agrees to:
a. grant City the right to enter and use the Premises during the Term for and in
connection with the public vaccination site;
b. grant City access to the Premises during the Term for preparing the site in connection
with the public vaccination site;
c. provide space and utilities for the implementation of a public vaccination site operated
by City at Premises;
d. coordinate the use of and access to the Premises on the days and times mutually agreed
upon by the Parties in writing;
e. provide two-weeks' notice to Tarrant County Public Health in the event a district-
scheduled event precludes the use of the premises at the previously agreed upon
date/time.
2.2.City agrees to:
a. not permit any damage to any portion of the Premises, including, but not limited to
the erection or removal of equipment. In the event damage is done by the City, or
City's employees, agents, or contractors, City hereby covenants and agrees to
reimburse District all reasonable and ordinary costs of repair;
b. maintain the Premises and any equipment, and/or other improvements on such
Premises and that it will repair or replace any such equipment,or other improvements
damaged or destroyed by City and/or City's employees,agents,or contractors,during
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
such time that City has the right to use and possess the Premises under this FUA.City,
at the end of the Term,shall return the Premises and all equipment and improvements
to the District in good repair and working order, undamaged, and properly
functioning;
c. acknowledge that the District assumes no responsibility for any property placed on
the Premises, whether belonging to City or others, and City, to the extent allowed
by law,hereby expressly RELEASES and DISCHARGES the District,its Board
Members, employees, servants and agents from any and all liability for loss,
injury, or damage to the property that may be sustained by reason of or in
connection with the occupancy of the Premises under this FUA;
d. comply with all laws, ordinances and regulations, federal, state and local, including
all school policies and ordinances of any city or other political subdivision in which
the Premises are located,including the City of Fort Worth,where applicable,and all
rules, regulations, and requirements specifically made by the appropriate Fire
Marshall having jurisdiction over the Premises,in connection with the activities to be
carried on by City on the Premises and the occupancy and use of the Premises by City
hereunder. City further agrees to obtain and pay for all necessary permits, licenses,
taxes,or other fees or assessments charged by any political subdivision in connection
with its use of the Premises;
e. not perform any act on the Premises during the Term in violation of any such laws,
ordinances, rules, policies and other requirements, and that if District calls to the
attention of City to any such violation by City or by any employee or agent of City or
by any person admitted to the Premises by City, City will immediately desist from
and correct such violation or be required to vacate the Premises;
£ to seek permission from District in writing before making modifications or alterations
to the Premises.No materials of any kind shall be nailed,tacked,screwed or otherwise
attached to any part of the Premises,surrounding buildings,or to any of the furniture,
fixtures,appliances,or equipment of the District on such Premises without the express
written consent of the District;
g. not use more than 1000 watts of electrical energy from any single electrical outlet on
the Premises during any twenty-four(24)hour period;
h. not permit to be done anything upon any portion of the Premises that would in any
way conflict with the terms and conditions of any insurance policy insuring the
Premises or any part thereof, nor should any conduct on the Premises cause an
increase in the rate of fire insurance on the Premises or in any way destruct or interfere
with any right of any individuals of such Premises, or to injure or annoy such
individuals;
i. purchase any and all furniture and associated furnishings necessary for the operation
of the public vaccination site that is not readily available at the Premises, including
any refrigeration containers and required generators;
j. use the Premises solely for functions related to the public vaccination site. All other
purposes will require the prior written consent of District; and
k. provide adequate security and parking lot attendants for crowd control and to ensure
the safe ingress and egress to the parking lot at no cost to the District.
2.3.The Parties understand and agree that:
a. City will not be provided any keys to Premises under any circumstances,and that City
is to make all advanced requests for access to Premises prior to any event taking place;
b. the District is not providing any facilities, equipment, or services not explicitly set
forth in this FUA, including, but not limited to, kitchen facilities, a podium, special
lighting, microphones, speakers or amplification equipment, security or police
services,or athletic equipment;
c. sole ownership of Premises lies with the District; and
d. in the event City holds an event or other activity in the Premises and that event or
activity requires custodial support that is beyond the scope of the services generally
provided, any additional cost for such additional services shall be borne by City.
3.1 Intentionally Omitted.
3. Insurance.
City shall, at its sole cost and expense, procure and maintain in full force and effect, with insurance
carriers duly authorized to do business in the State of Texas, with a general Best's rating of"A" or
better according to the A.M. Best Rating Guide and acceptable to the District, commercial General
Liability Insurance. The City shall maintain throughout the term of this FUA commercial general
liability insurance for bodily injury and property damage arising from City's use of Premises pursuant
to this FUA on an occurrence basis with coverage as outlined below. The insurance policy shall name
the District as an additional insured. The policy shall also be written as a primary policy which does
not contribute to any policies which may be carried by City, and shall contain a provision that the
District although named as an insured, shall nevertheless be entitled to recover under said policy for
any loss occasioned to it,its trustees,employees,agents and representatives by reason of the negligence
of the City,its employees,agents,or representatives of City.
a. Bodily Injury- $ 500,000.00 combined single limits
b. Property Damage- $ 1,000,000.00 aggregate
City 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.District acknowledges and agrees that City may retain
(self-insure)in whole or in part any insurance obligations required herein.
4. Miscellaneous Provisions.
5.1 Termination.This FUA may be terminated by either Party,at any time,for any or no reason,
upon five (5)days written notice.
5.2 Credentials. City agrees that all required certifications, licensures, and credentials will be
maintained at all times.
5.3 Confidentiality.For purposes of the Family Educational Rights and Privacy Act("FERPA")
the Health Insurance Portability and Accountability Act ("HIPAA"), and the Texas Public
Information Act, City agrees to comply with all relevant confidentiality requirements
regarding personally identifiable information, if any, and individually identifiable health
information,if any,including entering into any additional agreements related to the care and
confidentiality of such information.
5.4 Independent Contractor.It is expressly understood and agreed by both Parties hereto that
City is contracting with the District as an independent contractor.Each Party and the officers,
employees,agents,or subcontractors thereof shall not be deemed by virtue of this FUA to be
the officers,agents,or employees of the other Party.
5.5 Insurance.City shall carry and maintain such professional liability and errors and omissions
insurance covering their acts under this FUA,as is acceptable to and approved by the District.
The fees for such insurance will be at the expense of the City.
5.6 Waivers. The Parties expressly agree that no provision of this FUA is in any way intended
to constitute a waiver by the District or City of any immunities from suit or from liability that
the District or City may have by operation of law,state or federal law.A waiver by either of
the Parties of any of the covenants, conditions or agreements hereof to be performed by the
other Party shall not be construed to be a waiver of any subsequent breach thereof or of any
other covenant,condition or agreement herein contained.
5.7 Assignment. The rights,responsibilities and duties under this FUA are personal to the City
and shall not be transferred or assigned without the express prior written approval of the
District.
5.8 Non-Discrimination. City certifies that it is an equal opportunity employer. It conducts all
business activities,including hiring,without regard to age,race,color,sex,disability,marital
status,national origin,citizenship status,or other legally protected category.
5.9 Governing Law and Venue. This FUA and all of the rights and obligations of the Parties
hereto and all of the terms and conditions hereof shall be construed,interpreted, and applied
in accordance with and governed by and enforced under the laws of the State of Texas and
the parties hereto agree that venue shall be in Tarrant County,Texas.
5.10 Alternative Dispute Resolution. Claims and disputes associated with this FUA will not be
resolved by arbitration or other alternative dispute resolution process unless court ordered or
otherwise mutually agreed to in writing by both Parties.
5.11 Entire Agreement Modifications.All oral or written agreements between the Parties hereto
relating to the subject matter of this FUA have been reduced to writing and are contained
herein. This FUA supersedes all prior agreements,written or oral,between District and City
and shall constitute the entire agreement and understanding between the Parties with respect
to the subject matter hereof. This FUA and each of its provisions shall be binding upon the
Parties and may not be waived,modified,amended or altered except by a written amendment
signed by District and City.
5.12 Binding Effect.This FUA shall be binding upon and inure to the benefit of the Parties hereto
and their respective permitted assigns and successors.
5.13 Captions.The captions of paragraphs in this FUA are for convenience only and shall not be
considered or referred to in resolving questions of interpretation or construction.
5.14 Severability. In case any provision hereof shall, for any reason, be held invalid or
unenforceable in any respect, such invalidity or unenforceability shall not affect any other
provision hereof, and this FUA shall be construed as if such invalid or unenforceable
provision had not been included herein.
5.15 Force Majeure.Neither Party will be liable to the other Party hereunder or in default under
this FUA for failures of performance resulting from acts or events beyond the reasonable
control of such party including, by way of example and not limitation, acts of God, civil
disturbances,war, and strikes.
5.16 Notices. All notices, consents, approvals, demands, requests, or other communications
provided for or permitted to be given under any of the provisions of this FUA shall be in
writing and shall be deemed to have been duly given or served when delivered by delivery
or when deposited in the U.S. mail by registered or certified mail, return receipt requested,
postage prepaid and addressed as follows:
(1)To District:
Fort Worth Independent School District
Name of Contract: Mike Naughton
Address: 100 N University Drive
Fort Worth,TX 76107
(2)With Copies to:
Fort Worth Independent School District
Office of Legal Services
100 N.University Drive SW172
Fort Worth,TX 76107
(3)To City:
City of Fort Worth
Name of Contact: Cody M. Whittenburg
Address: 818 Missouri Ave
Fort Worth,TX 76104
With a copy to:
City of Fort Worth
City's Attorney Office
200 Texas Street
Fort Worth,Texas 76102
ELECTRONIC SIGNATURE
The Parties hereby agree to execute this FUA either in writing or by electronic signature. Pursuant to the
Texas Business&Commerce Code Ann, §322.007,an electronic signature of this FUA satisfies the legal
requirements of signatures by the parties.
[signature page follows]
IN WITNESS WHEREOF,the Board of Education of the Fort Worth Independent School District and
the CITY,acting by their duly authorized representatives,have executed this FUA to be effective as of
the latest date on which it is signed by the authorized representatives of the parties.
For District For CITY
Mike-N"tom Y�Ce��e 1N�t
Signature: Signature: Valerie Washington(Nov 25,2 111:38 CST)
Name: Mike Naughton Name: Valerie Washington
Title: Director-Operations Title: Assistant City Manager
Date: Nov 19, 2021 Date: Nov 25, 2021
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
For CITY:
APPROVAL RECOMMENDED:
P—_t'
By: Maribel Mar Inez(Nov 19,202113:15 CST)
Name: Maribel Martinez
Title: Emergency Management Coordinator
CONTRACT COMPLIANCE MANAGER
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.
L_t'
By: Maribel Mar Inez(Nov 19,202113:15 CST)
Name: Maribel Martinez
Emergency Management Coordinator
APPROVED AS TO FORM AND LEGALITY:
By:
Matthew Murray
Assistant City Attorney
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Ronald P. Gonzales 000 g Z
Acting City Secretary �� o o*�d
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Form 1295:Not required �����EXASaap
M&C: Not Required
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX