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Home My WebLink AboutContract 46497 ' Tarrant �, �� County College CORPORATE SERVICES 5901 Fitzhugh Avenue* Fort Worth,Texas 76119* (817)515-2500*Fax(817)515-2505 13600 Heritage Parkway,Suite 100*Fort Worth,Texas 76177* (817)515-2200* Fax(817)515-2205 December 1, 2014 Susan Alanis Assistant City Manager City of Fort Worth 4200 South Freeway Fort Worth, TX 76115 Dear Ms. Alanis: The following is a Reservation & Facilities Use Agreement (Agreement) between City of Fort Worth (Company) and Tarrant County College District (TCCD) for the United Way of Metropolitan Tarrant County Volunteer Income Tax Assistance (VITA) Program. TARRANT COUNTY COLLEGE DISTRICT WILL PROVIDE 1. Facility for training and meeting usage to include computers, internet connection, and secured space for any equipment and/or files utilized by VITA. 2. Onsite receptionist for incidental services. GENERAL GUIDELINES 1. The space agreed upon will be provided at no charge for the term of this agreement. 2. A complete schedule will be provided by Company prior to first day of operation. CONTRACT DURATION The initial term of the Agreement begins on December 1, 2014 and ends on April 20, 2015. No price increases or Agreement changes will be implemented without 30 days written notice. The Agreement will automatically continue month-to-month until terminated by either party. INSURANCE REQUIREMENTS See attached City of Fort Worth Self-Funded Insurance Program. OFFICIAL.RECORD R E C E I E C � R 0 01 CITY SECRETARY FT. WNORTH, Tit e Susan Alanis December 1, 2014 Page 2 INDEMNITY CLAUSE In addition, to the extent permitted by law, Company undertakes and agrees to indemnify and hold harmless the District, Board of Trustees, administrators, professors, and all other school employees, volunteers or representatives, and all persons and bodies corporate acting for or on behalf of them, against all liability, claims, demands, actions, suits, damages, proceedings, costs and expenses (including reasonable attorney fees) whatsoever(including injury to persons and damage to property)for which they may be or become liable directly or indirectly arising out of the use of District premises by Company (or the servants, agents or invitees of Company), and for such further sums in excess of those contained in any insurance policy procured by Company relating to the use of the District premises or for such amounts as may not be payable under any insurance policy. FOR CITY OF FORT WORTH y Su an lanis Date 40 Assistant City Manager FOR TARRANT COUNTY COLLEGE DISTRICT ��2� _I /01 � /a Jen�lferawkins, J.D. Date Director of Corporate Services/ Interim Associate Vice Chancellor for Community &Industry Education Services L. JoatePBkack, Ed. D. Date Vice Chancellor for Academic Affairs and Student Success OFFICIAL RECORD CITY SECRETARY qg APPROVED � -- FT.WORTH,TX Rpt MrD LIGAUq.y, �*Q R r tY 71, Attested o x t� J-0- hr Nda ° J. se , Ci Secre °'��oc �a� ��X P►'5 ADDENDUM TO AGREEMENT BETWEEN THE CITY OF FORT WORTH AND TARRANT COUNTY COLLEGE DISTRICT This Addendum ("Addendum") is by and between the City of Fort Worth ("Company") and Tarrant County College ("TCCD") and is intended to supplement the Reservation & Facilities Usage Agreement between the City and TCCD for a the United Way of Metropolitan Tarrant County Volunteer Income Tax Assistance Program ("Agreement"). This Addendum is attached to said Agreement and is subject to the following terms and conditions, which are incorporated for all purposes into the Agreement. In the event of a conflict between the Agreement and this Addendum, this Addendum shall govern. Any conflicting terms are hereby deleted in their entirety and replaced by the terms stated in this Addendum. Any term or condition of the Agreement that is not superseded by a term or condition of this Addendum shall remain in full force and effect. 1. Governing Law and Venue. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of the Agreement, including this Addendum, 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. This Agreement, including this Addendum, shall be construed in accordance with the laws of the State of Texas. 2. Insurance. City is insured for general liability insurance under a self-insurance program covering its limits of liability. The parties agree that such self-insurance by City shall, without further requirement, satisfy all general liability insurance obligations of City under the Agreement. 3. Limitations. City is subject to constitutional and statutory limitations on its ability to enter into certain terms and conditions of the Agreement, including this Addendum, which may include, but are not limited to, those terms and conditions relating to: disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers, and limitations on legal rights, remedies, requirements, and processes; limitations of time in which to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorney's fees; dispute resolution; indemnities; and confidential information. Terms and conditions that are the subject of any constitutional or statutory limitation will only be binding on City to the extent permitted by the Constitution and the laws of the State of Texas. It is understood that by execution of the Agreement, including this Addendum, the City does not waive or surrender any of it governmental powers or immunities. Nothing contained in the Agreement, including this Addendum, shall ever be construed so as to require the City to create a sinking fund or to access, levy, and collect any tax to fund its obligations. 4. Authori1y. By executing this Agreement, including this Addendum, the representative for all parties affirm that he or she is authorized by such organization to execute this Agreement, including the Addendum, and that all representations made herein with regard to each party's identity, address and legal status(corporation, partnership, individual, etc.)are true and correct. 5. Entire Agreement. The Agreement, including this Addendum, contains the entire understanding and agreement between the City and TCCD as to the matters contained in the Agreement. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Agreement with Fitness Marketing Systems,LLC CITY OF FORT WORTH: TARRANT COUNTY COLLEGE DISTRICT By. �— - By: _.. usa Alanis Jenryiftr Hawkins,J. D. Assistant City Manager Director of Corporate Services/ Interim Associate Vice Chancellor for Community& Industry Education Services Date: 2, c,? r L� Date: Q o) APPROVED AS TO FORM By: Y AND LEGALITY: L. G s Black, Ed. D. Vice Cha cellor for Academic Affairs and Student Success By: Date: I —a�_ —2 —T34cflf. Wallach Assistant City Attorney Date ATTEST: I J By: Date: Maryser City retary FOR 00 00 A �g -AM 00 '1000,OUG0009<i A S OFFICIAL RECORD CITY SECRETARY Fir.%1ORTH,TX Agreement with Fitness Marketing Systems,LLC FORTWORTH ,4" Fiscal Year Oct. 1,2014-Sept. 30,2015 RE: Documentation of Insurance City of Fort Worth Self-Funded Insurance Program To Whom It May Concern: Please accept this letter as documentation of the City of FortWorth's insurance program. The City of FortWorth is basically a self-funded entity subject to statutory tort laws. The City does not maintain a commercial policy of general lability insurance and/or auto liability insurance. Damage for which the City of Fort Worth would ultimately be found liable would be paid directly bythe City of FortWorth and not by a commercial insurance company. City owned property is covered under the City of Fort Worth Fire and Extended coverage program by a commercial insurance policy. Statutory workers' compensation insurance, coverage is self-funded to the $750,000.00 retention limit per incident over which commercial coverage responds with no upper cap; and, employer's liability coverage is maintained atthe$1,000,000.00 policy limit. In the event there are any questions regarding the City of Fort Worth's insurance program, or if I may be of additional assistance, please contact me at the address provided, or phone direct to 817-392-7761 or email, joey.page@fortworthtexas.gov Thank you for your time and attention. Both are appreciated. On behalf of the City of Fort Worth, we look forward to a continued business relationship. Sincerely, ,,-,. Joey Page Risk Manager FINANCIAL MANAGEMENT SERVICES DEPARTMENT RISK MANAGEMENT DIVISION THE CRY OF FORT WORTH•1000THROCKMORTON STREET'FORTWORTH,TEXAS 76102 Office 817-392-7402 7k Fax 817-392-5874