HomeMy WebLinkAboutContract 45139 Fo!RT
'' *• . w CITY SECRETARY
W
CONTRACT NO.
POLICE DEPARTMENT
FORT WORTH POLICE ACADEMY
10010 CAL ERT STREET
FORT WORTH, T'E'XAS 761
Facility Use Agreement
Prepared oin November her 1 , 2013
This Agreement is made and entered into by and between,the CITY OF FORT WORTH the "City"), a home
rule municipal corporation, acting by and through Charles Daniels, its duly a.uthorized. Assistant City Manager,
and the Longhorn Council, Boy Scouts of American ("Lice by and th rough Gabriela Montilva Pilonieta its
duly authorized District;Executive .
1. FACILITIES
S
The Longhorn Council Boy Scouts of' America (Licensee) has reserved the Fort Worth police Training
Academy, 1 000 Calvert, Fort Worth, Texas 1o2 Facilities for the purpose of holding the 2013 Longhorn
Couinciil and FWPD Explorers Turley Shoot Out.
2. TER
The 2013 longhorn Council and l WPD1 Explorers Turkey Shoot Out will begin no earlier than 7:0 a.m.
NOVEMBER 116 2013, and will end, no later than 3:00 p. . Licensee understands that any event preparation on
the Facilities shall tale place on or upon the date and tunes specified in this section. Any necessary cleanup
must he complete no later than 5:00 p.mi:
1.
3. RESERVATION "EE - There will be no charge for rental of the space for the date and location) indicated above
in Section 1 and 2 of this Agreement.
4. WAIVER AND RELE, S
The City of Fort Worth Law Department has advised that if an admission fee is being charged to attend
the event, or if non-city employees are attending the event (or city employees, not functioning in their
official capacity), the Licensee should request each individual sign a copy of the Waiver and Release
(attached and incorporated within as Exhibit . The Licensee will provide copies of the signed waivers
to city upon conclusion of the avant by giving copies to the Captain over the Fort Worth Police
Department Training Academy.
5. ALCOHOL RIGHTS
The Licensee may not sell or dispense deer, ovine or any alcoholic beverages.
6. CARE of FACILITIES
a Licensee shall beep and maintain all the Facilities, equipment and other properties in a safe, sanitary,
siglhtly condition and iln good repair..
h licensee will not do or permit to he dune any injury or damage to any buildings or part thereof, or permit
to he done anything which will damage or change the finish or appearance of the Facilities or the furnishings
thereof or any other property by the erection or removal of equipment or any other improvements,, alterations or
additions. No decorative or other materials shall he nailed, tact ed, screwed or otherwise physically attached to
any part of the Facilities or to any of the furnishings or,fixtures without the written consent of the Captain over the
Fort Worth Police Department Training Acade my..
c Subject to ordinary wear and tear, Licensee will pay the costs of repairing to its condition immediately
preceding the occurrence of such damage)any damage which may he done to the Facilities or any of the fixtures,
Facility Use Agreement
Longhorn council of Boys Scouts of America and City of Fort Worth OFFICIALaOCURD,
CITY SECRETARY
FT,WORTHY
R'E'C E I V F_D NOV 2 12013
furniture or furnishings, by any,act of Licensee or any of the employees, or anyone visiting the Facilities upon the
invitation of the Licensee including the patrons of the attraction or function for which Licensee hereby is leasing
the Facilities
17. PROPERTY'' LOSS
The Pollilce! Department assumes no responsibility for any property placed in said buildings or any part thereof by
the Licensee or any employee of the Licensee.
8. ELECTRICAL CODES,
It is understood that the adopted National Electrical Code is strictly enforced to ensure the facility users are not
exposed to electrical hazards. If extension cords are used, Ground Fault Circuit Interrupter (GFCI) Protection is
required. These cords have a test and a reset button and have the words "GFCI protected" printed on the cord.
All 120 volt extension cords shall be three- sire grounding type cords. Extension cords may not be placed through
doorways. Frayed or damaged:,cords may not be used.
9, FLAMMABLE MATERIALS
No flammable materials,, such as bunting, tissue paper, crepe paper, etc., will be permitted to be used for
decorations and all materials used for decorative purposes must be treated with flame-proofing and approved by
the City of Fort Worth Fire I Department. The Licensee shall not operate or place, any engine or motor or
machinery on the premises or use oils, burning fluids, kerosene, naptha or gasoline or any other flammable
chemical for either mechanical or other purposes or any agent other than electricty for illuminating:, the premises
without the written consent of the Fire Marshal.
10. SEATING CAPACITY
Licensee will not allow more occupancy than the seating, capacity of the Facilities.
11. EMERGENCY PERSONNEL
If required,, Licensee shall be responsible, at its own cost and expense, to provide such emergency medical
services as deemed necessary for its event as prescribed by the Police Chief or his designee.
12. SECURI�TY PERSONNEL
If requ,iredl, Licensee shall pay for security personnel in such number and manner as prescribed by the Police
Chief or his designee.
13. FIRE MARSHAL
If irequired, Licensee shall be responsible, at its own cost and expense,, to provide such fire marshal services as
deemed necessary for its event as determined by the Fort Worth Fire Marshal or his/her designee. The costs
must be paid directly to the fire marshal personnel.
14. NON-SMOKING, FACILITY
The Facility is a. NON-SMOKING FACILITY.
15. OBSTRUCTIONS
Sidewalks, entries, passage vestibules, halls, elevators or access ways to public utilities of the premises shall not
be obstructed or caused to be obstructed, or caused or permitted to be used for any purposee other than ingress
or egrees to and from the Facility. The doors, skyl�ight,s, sta:irways, or openings that reflect or admit light into any
portion of the buildiing shall not be obstructed.
1,6., AMERICANS WITH DISABILITIES ACT
FACILITY USERS SHALL NOT MOVE OR INTERFERE IN ANY WAY WITH ACCESS11113111LITY 'TO AC A
FACILITIES,, SUCH AS, BUT' NOT LIMITEDTO,WHEELCHAIR SEATING.
17. INDEMNIFICATION
General Indemnification. Licensee covenants and agrees to and does hereby indemnify, hold harmless
and defend,1 at its own expense, the City, its officers, servants and employees, from and against any and
all claims, causes of action or sulitsi,, including, but not limited to,Workers" Compensation Act liability, lost
profits, property damage, and personal injury, including death,,to any and all persons, of whatsoever kind
or character, whether real or asserted, arising out of the use and occupation olf'the facilities by Licensee.
THIS INDEMNITY PROVISION (INCLUDING,WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES
AND, LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS
ALLEGED OR PROVED THAT ALL OR SOME OF'THE DAMAGES BEING SOUGHIT WERE CAUSED AS A
Facility Use Agreement Page 2,of 3
Longhorn Council of Boys Scouts of America and City of Fort worth
WHOLE OR IN PART BY ANY ACT, OMISSION,, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF
CONTRACT,INTENTIONAL CONDUCT,VIOLATION OF STATUTE OR COMMON LAW,, BREACH OF
WARRANTYy PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER ACT, OMISSION, OR
CONDITION' PH ATSOEVE F THE CITY OR ITS PROPERTY.
18. INSURANCE
Prior to the time Licensee is entitled to any right of access to or use of the Facilities, Licensee shall show
evidence of the following insurance written by a corn,pany approved by the State of Texas and acceptable to City.
The insurance shall be evidenced by delivery to City of executed certificates, of insurance and/or certified copies
of policies as determined, by City.
Licensee covenants and agrees to obtain and keep in force during the term of this Agreement, Commercial
General Liability Insurance in an amount not less than One Million Dollars($1,0010,000-00).
All insurance; policies shall include the following:
1) The term of insurance is for the duration of the event,which includes the period from the right of access to set-up through
the period allowed for removal of property;
2) The City of Fort Worth shall be endorsed a~ an"Additional Insured"to the policy.
3), Certificates of insurance shall be delivered by email to Aya.Ealy C-D Fri orthtexas.gov or by fax at 817'-392-4246.
The City may terminate this Agreement immediately upon, the failure of the Licensee to provide acceptable
documentation of insurance as required by this Agreement.
I have read and understand the above information regarding the usage of the Fort Worth Police Training
Academy located,at 1000 Calvert, Fort Worth, Texas,76102.
CITY OF FORT WORTH1-. LONGHORN OUNCIL OF BOYS
SCOUT OJAMER11CA
0)
By- By:
Ch es W. Danielis, Gabriel 'I
ntilva Pilonieta
psi ftt City Manager District Exe Live
%ft I I
Date: I to IS 13 Date*
APPRO R
By-,
Jeffrey W. Hale ad
Chief of Police
Date,
APPROVED TO FORM
AND LEGALI Y
By-
Jessica Sang an
Assistant Cit ttor'ney
0
AT,T E T
X
%
Lay.
Ma i. a ysee
Cit Secretary
M&C'- N/A
OFFICIAL RECORO
CITY SECRETARY
FT
a WORTH,TX
Facility Use Agreement aw-ft"a" of 3
Longhorn Council of Boys Scouts of America and City of Fort Worth
Exhibl*t A
FORT WORTH POLICE DEPARTMENT
WAIVER AND RELEASE
WHEREAS, 1, "' — p
( are n t's/guard i an�'s name),
desire to allow (child's name) to use the City, of Fort Worth's
equipment and agree to participate in certain activities. The equipment and activities are listed
below that I have requested permission to do so-, and
WHERE S, the City of Fort Worth, Texas, through its duly authorized representative, has
advised me that use of the below listed equipment and activities may be dangerous-,
NOW, THEREFORE, in consideration of the City of Fort Worth's allowing
i
(child's, name) to use and/or participate n 'the below listed items, 1,
parents s/guardian's na,nie), make the
following representations and agree to the following*
1. 1 am the parent/guardian of (child's narne), a mlnor� I an'i
of sound mind and am, in all things, competent to enter into this agreernent;
2. 1, my heirs and assigns, do hereby FOREVER RELEASE AM) WAIVE all claims
against the City of Fort Worth, its officers, agents and employees, f'o r in Juries, or damages
to (child's name) which may arise from, his/her, participation
with the Fort Worth Police Department on (date)
3. 1 understand that use of the City of Fort Worth's foillowing equipment and activities may
be dangerous and can result in injury, death or property damage,:
4. 1 promise that (child's, name) is covered b'Y a policy ot'
health 'insurance sufficient to pay any and all rnedica.1 bills and related expenses, incLirred
as a result of any iniury suffered by ...... (child's nanie) in
connection with my use of the City of Fort, Worth's above listed equipment and events,
To the extent that any such health insurance policy has a deductible or co-pay, I promise
to pay that deductible or co-play myself and will not look to the City of Fort Worth or any
person or entity connected with, or in privity with, the City of I"� rt Worth 1`6r paytilerit of
such deductible or co-pay'. If any such health insurance company should ever assert a
FORT WORTH POLICE DEPARTMENT
WAIVER AND RELEASE
G.
claim against the City of Fort Worth for subrogatio:n, I promise to indemnify, protect and
defend the City of Fort Worth against any such claim"
5. For the co�nsideration mentioned above, I do hereby release, acquit atid 1*orever dlsch�lrgc
the City of Fort Worth of and from any and all claims, rights and c�iuses ot'act ior,
my representatives, heirs, estate, successors and assigns niay ever h,,Live or claii-i-i as
result of' any injury or, death, property damage other
j
(child's name) as a result, of use of the City, of-' 'ori Worth's
above listed equipment and activities. IT IS MY INTEN"'FION THA"'I" TFIE TERMS 01"
THIS DOCUMENT SHALL APPLY EVEN IF SUCH INJURY, DEATH OR
PROPERTY DAMAGE IS CAUSED, IN WHOLE OR IN PART, BY THE
NEGLIGENCE,, GROSS NEGLIGENCE, OR INTENTIONAL ACT OFTHE CITY OF
FORT WORTH OR ITS EMPLOYEES, AGENTS, OFFICERS, OFFICIALS,,
VOLUNTEERS, CONTRACTORS OR OTHER PERSONS CONNECTED WITH, OR
IN PRIVITY WITH, THE CITY OF FOR"I" WORTH.
6. For the consideration mentioned above, I promise to indemnify, protect and defend the
City of Fort Worth, its employees, agents, off"icers, officials, vollunteers,, contractors, or
other persons connected with, or in privity with, the City of Fort Worth against any claim
ever asserted by any third person arising out of the *injury, death or Property damage
allegedly suffered by such third person as a result Of ........_-_,_.__,.,.,_...... S
(child's name) use of the City of Fort Worth's listed items in section i three. 11 I'S 1 Y
INTENTION THAT THE J"ERMS OF THIS DOCUMEN"I" S,HAI-.[.-, APP1,,Y FVF,'N If,-'
THE INJURY, DEATH OR PROPERTY DAMAGE AL F,G,FDI...Y St-11"I"'ERED BY
SUCH THIRD PERSON IS CAUSED, IN WHOI.,E OR IN PAR"I', 13�' ".I", 1=
NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL ACT OF THE C11"Y Of4
FORT WORTH, ITS EMPLOYEES, AGENTS, OFFICERS, OFFICIALS,
VOLUNTEERS, CONTRACTORS OR OTHER PERSONS CONNECTED WITH, OR
IN PRIVITY WITH, THE CITY OF FORT WORTH.,
I have read this Waiver and Release and fully understand its terms, provisions and conditions. I
have not been influenced to any extent whatsoever by any representations or statements not
contained within this, waiver.
SIGNED this day of 20—.
Signature of 1'arenl/Gucirdion
............ ..................
prinled.Van'le)
FORT WORTH POLICE DEPARTMEN"r 2
WAIVER AND RELEASE
FORT
WAIVER AND, RELEASE
WHEREAS, 1, , desire to use the City of l"'Ort
Worth's equipment and agree to participate in certain activities. The equipment and activities are
listed elo that I have requested permission to do s and
WHEREAS, t e C,*ty of Fort Worth, Texas, through its duly authorised representative, liar
advised me that use of the below, listed equipment and activities may be dangerous,
NOW THEREFORE 7 in consideration of the City of Fort rt "s allow* a d�� �r� �
participate in the below listed items, 1, ........
make the following representations and agree t the following.
.
1. I a years .age car older, any of sound mind and any, in all things,., competent es ter
M
into this agreement,
2. 1, my heirs, and assigns, do hereby FOREVER RELEASE AND WAlVE all claims
against the City of Fort Worth, its officers, agents and employees, for inj Uries or damages
to e which may arise from my participation with the Fort Worth Police Department can
(date)
3. I understand that use of the City of Fort Worth's following equipment and activities may
be dangerous and can result in injury, death or property damage
4. 1 promise that I am covered by a poll cy of healt insurance sufficient to pay any and all
medical bills and related expenses incurred by me as a result of ally it ury suffered by nee
in connection with my use of the City of Fort Worth's, above listed equipment and events.
To the extent that any such health insurance policy has a deductible or co-pay, 1 promise
to pay that deductible or co-pay myself and will not look. to the City of Fort Worth or any
person or entity connected with, or in, privity with, the City of Fort Worth for payment of
a . If
any such such deductible car cep' � � y � health insurance company should ever assert a.
claim against the City of Fort Worth for subirogation, I y, protect and
promise t� indemnify,
defend the City of Fort Worth against any such claim,
FORT WORTH POLICE DEPARTMENT
WAIVER AND LEASE
5. For the consideration mentioned ab�o�ve, I do hereby release, acquit and Dreyer discharge
the City of Fort Worth of and from any and all claims, rights and causes of action which
L my representatives,, heirs,,, estate, successors and assigns may ever have or claim as a
result of any injury, death, property damage or other damage suffered by rne as a result of
my use of -the City of Fort Worth's above listed equipment and activities. IT IS MY
INTENTION THAT THE '_FERMS, OF THIS DOCUMENT SHALL APPLY EVEN 11"
SUCH INJURY, DEATH OR PROPERTY DAMAGE IS CAUSED, IN WHOLE OR IN
PART, ,BY THE NEGLIGENCE, GROSS NEGLIGENCE, OR ITT ENT`IONAL ACrl-
OF THE CITY OF FORT WORTH OR ITS EMPLOYEES, AGENTS, OFFICERS,
OFFICIALS, VOLUNTEERS, CONTRACTORS OR O'll ff..'.R PERSONS
CONNECTED WITH, OR IN PRIVITY W1' 111 THE CITY OFFORT WOO TH.
6. For the consideration mentioned above,, I promise to i idea init`y, [i rot ect and clel'ci-id 0--le
City of Fort Worth I its employees, agents, officers, officials, VOILinteers, contractors m,
other persons co ected with, or in privity with, the City of Fort Worth against any clain-i
ever asserted by any third person arising out of the in'urn, death or properly damage
allegedly suffered by such third person as a result of my use of"the City of Fort Worths
listed 'Items in section (3) three. IT IS MY INTENTION THA'"I' THE TERMS OF THIS
DOCUMENT SHALL APPLY EVEN IF THE INJURY!, DEATH OR PROPERTY
DAMAGE ALLEGEDLY SUFFERED BY SUCH THIRD PERSON IS CAUSED, IN
WHOLE OR IN PART, BY THE NEGLJGENCE, GROSS NEGLIGENCE OR
INTENTIONAL ACT OF rl"HE CITY OF FORT WORTH,, ITS EMPLOYEES,
AGENTS, OFFICERS, OFFICIALS, VOLUNTEERS, CONTRACTORS OR OTHER
PERSONS CONNECTED W11"H, OR IN PRIVITY WITH, THE CITY OF FORT
WORTH.
I have read this Waiver and Release and fully understand its terms, provisions and conoitions. I
have not been influenced to any extent whatsoever by any representations or statements not
contained within this waiver.
SIGNED this day of� 20
...............
Signature off'orliciP0111
Printed Name,
FORT WORTH POLICE DEPARTMENT 2
WAIVER AND RELEASE