HomeMy WebLinkAboutContract 48388 CITY SECRETARY
CONTRACT NO.
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
THIS WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
("Agreement") is made and entered into as of this&_ day of A,)D-Ve4yn�" , 2016 by and
between FWPD Swat Support Group, Inc. ("Donor") and City of Fort Worth(the
WITNESSETH:
WHEREAS, Donor intends to purchase for contribution to the City approximately 900
ballistic vests and other related equipment (the "Contribution"), which items will ultimately be
used by the Fort Worth Police Department and police officers ("FWPD"); and
WHEREAS, the City desires to accept the Contribution and to distribute the
Contribution to FWPD; and
WHEREAS, Donor has requested that the City release and hold harmless Donor with
regard to any claims, losses or causes of action that could be brought by the City as a result of
the Contribution; and
WHEREAS,the City has agreed to provide such Release.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Indemnitor and Indemnitee agree as follows:
1. The above recitals are hereby incorporated into this Agreement.
2. The City hereby represents and acknowledges to Donor that FWPD has
substantial knowledge and expertise concerning the selection of the Contribution, and that such
selection was made based on such knowledge and expertise and ultimately solely by the City and
the FWPD, on their own accord, and that the Contribution will be accepted by the City under
such circumstances and in no manner in reliance by any warranty of the Donor (or any person or
entity who contributed(s) funds to Donor (each and all, "Contributors"), each and all of whom
have no knowledge or expertise with respect to the Contribution).
3. Upon receipt of the Contribution, the City will distribute the Contribution to the
officers of the FWPD and will be responsible for the transfer of all warranties and rights related
to the Contribution to the FWPD and enforcement of same.
4. THE CITY AGREES TO RELEASE FROM LIABILITY AND HOLD
HARMLESS THE DONOR AND EACH CONTRIBUTOR, AND ITS AND THEIR
RESPECTIVE OWNERS, EMPLOYEES, OFFICERS, REPRESENTATIVES AND AGENTS,
FROM AND AGAINST ANY AND ALL CLAIMS THAT THE CITY MAY HAVE,
INLCUDING, WITHOUT LIMITATION, CLAIMS OF NEGLIGENCE, GROSS
NEGLIGENCE, BREACH OF WARRANTY OR IMPLIED WARRANTY OR ANY OTHER
CLAIM, FOR INJURIES OR DAMAGES RESULTING FROM OR IN CONNECTION WITH
THE BALLISTIC VESTS CONTRIBUTED BY THE DONOR. This Agreement shall continue
and be in effect during all such times that the Contribution is used, in whole or in part.
Waiver ofLiability Agreement OFFICIAL RECORD Page 1
CITY SECRETARY
FT.WORTH, TX
5. This Agreement may not be modified other than by agreement in writing signed
by the parties hereto or their respective successors in interest. The Contributors are intended
third party beneficiaries hereof, and this Agreement may not be modified in a manner
detrimental to any of the Contributors without their prior written consent.
6. This Agreement may be executed in any number of counterparts with the same
effect as if all parties hereto had executed the same document. All such counterparts shall be
construed together and shall constitute one instrument, but in making proof hereof, it shall only
be necessary to produce one such counterpart. A signature sent hereon by facsimile or e-
mail/PDF shall constitute an original signature for all purposes.
7. This Agreement contains the entire agreement between the parties. No variations,
modifications or changes herein or hereof shall be binding upon any party hereto unless set forth
in a document duly executed by or on behalf of such party.
8. Except as expressly provided to the contrary in Section 5 hereof, the provisions
and conditions of this Agreement are solely for the benefit of the City and Donor, and are not
intended to create any rights, contractual or otherwise, to any other person or entity.
9. This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas, without regard of conflicts of law principles that would require the
application of the laws of another jurisdiction.
[Signatures follow on next page)
Waiver of Liability Agreement Page 2
IN WITNESS WHEREOF,the parties hereto have executed this Indemnity Agreement as
of the day and year first above written.
CITY OF FORT WORTH:
By:
Name: Valerie Washington
Title: Assistant City Manager
Date: << tqj kv
DONOR:
FWPD SWAT SUPPORT GROUP, INC.
By:
Name:
Title: 7—
Date:
APPROVED AS TO LEGALITY AND FORINT:
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Name: /ch1..1,116--
Title: A-s, �t City Attorney
Date: //- I&- /4-
ATTEST:
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By: 0 -o,� ,.
Name: Mary J. s r V 8 -"7 s ,' :
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Title: City Secretary *000
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
Waiver of Liability A,reement Palle 3