HomeMy WebLinkAboutContract 27074 CITY SECRETARY
' CONTRACT NO. L
AGREEMENT BETWEEN THE
CITY OF FORT WORTH
AND
HISTORIC CAMP BOWIE, INC.
FOR THE MANAGEMENT OF A BANNER PROGRAM ON
CAMP BOWIE BLVD. AND CAMP BOWIE WEST
WHEREAS, the City of Fort Worth has a policy covering the installation of
banners on city street light poles; and
WHEREAS, Historic Camp Bowie, Inc. desires to manage a banner program on
Camp Bowie Blvd. and Camp Bowie West in accordance with said agreement; and
WHEREAS, City Council has authorized the City Manager to enter into an
agreement with Historic Camp Bowie, Inc.
NOW, THEREFORE, KNOW ALL BY THESE PRESENTS:
The City of Fort Worth, hereinafter referred to as "City", acting herein by and
through Mike Groomer, its duly authorized Assistant City Manager, and Historic Camp
Bowie, Inc., hereinafter referred to as "Contractor", acting herein by and through Brandy
O'Quinn, its duly authorized President, do hereby agree as follows:
I. For offsite poles, as hereinafter defined, the parties agree as follows:
I. Contractor will manage a banner program on Camp Bowie and Camp Bowie
West in accordance with the City's Banner Policy.
2. Contractor may use these street light poles to promote an event/exhibit to be
held in Fort Worth and be open to public under the guidelines stated in the
Banner Policy.
3. Contractor shall have first right of refusal on use of the off-site street light
poles in the median or in the City's right-of-way as defined below under item
6.
4. City to waive all fees associated with the management of this banner program.
5. Contractor shall maintain the following insurance coverage during the term of
this agreement:
A. WORKERS' COMPENSATION INSURANCE: The Contractor shall
maintain, during the life of this contract and any extension period, statutory
Workers Compensation Insurance on all of its employees engaged in work
under this contract and for all subcontractors unless such subcontractors
maintain their own Workers' Compensation Insurance.
B. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor
shall procure and maintain during the life of this contract and any extension
period, a commercial general liability insurance policy in the amount of less
than $1,000,000.00 covering each occurrence with an aggregate limit of
$2,000,000.00. Such policy shall be endorsed to name the City as an
additional insured.
C. AUTOMOBILE INSURANCE: The Contractor shall procure and
maintain, during the life of this contract and any extensive period, a
comprehensive bodily injury and property damage automobile liability policy
in the amount not less than $1,000,000.00 for each accident. This policy shall
cover any automobile used within the scope of this contract. Such policy shall
be endorsed to name the City as an additional insured.
D. INSURANCE REQUIREMENTS: The insurance specified in this Section
5 hereof shall comply with the following requirements:
1) The named insured on Contractor's insurance policies shall be:
Historic Camp Bowie, Inc.
2) Additional insured on the Contractor's insurance policies listed in
paragraphs B, and C F and G, shall be the City of Fort Worth.
3) Certificates of insurance documenting coverage required in this
contract shall be provided to the Director, Department of Transportation
and Public Works, City of Fort Worth, 1000 Throckmorton Street, Fort
Worth, Texas 76102, within 10 days from the date of execution; and any
failure of the City to request same shall not be construed as a waiver of
such requirement. No banners shall be installed until documentation of
insurance coverage is provided to the City
4) A minimum notice of thirty(30) days shall be provided the City in
the event of cancellation or non-renewal of policy(s); provided, however, a
ten (10) day notice shall be acceptable in the event of non-payment of
insurance premium(s).
5) Insurers of all policies of insurance shall be licensed or otherwise
authorized to do business in the State of Texas and be otherwise acceptable
to the City in terms of financial strength and solvency.
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6) Deductible limits of required insurance policies shall be acceptable
to the City.
7) Applicable policies shall be endorsed with waiver(s) of
subrogation in favor of the City.
8) The City shall be entitled, upon its request, and without incurring
expense, to review the Contractor's insurance policies including
endorsements thereto and, at the City's discretion, the Contractor may be
required to provide proof of insurance premium payments.
9) The Commercial General Liability insurance policy required of the
Contractor shall have no exclusions by endorsement unless approved in
writing by the City.
10) The City shall never be responsible for the cost of any insurance
required of the Contractor.
11) All liability insurance required of the Contractor shall be written
on an occurrence basis as such is authorized in the State of Texas by the
State Department of Insurance and its respective Board.
6. Contractor is responsible for any damage to City property caused by it or
its contractor as determined by the City.
7. The City shall be responsible for repair and replacement of the electrical
components of the streetlights as well as the repair, maintenance, painting
and cleaning of the street light poles.
8. Offsite poles are defined as those located on Camp Bowie Blvd., between
University and Alta Mere Drive, and on Highway 80, from Alta Mere
Drive to I.H. 820.
9. Contractor is responsible for approving the content of the banners
displayed.
10. Contractor will advise all approved applicants of the following:
A. Applicants shall be required to hire contractors who are licensed and
bonded to work in the City's right-of-way to install banners during the
hours of 9:00 a.m. —4:00 p.m. weekdays and daylight hours on weekends.
B. The applicant's contractor must provide commercial general liability
insurance of$1,000,000 and $1,000,000 for any auto and obtain a "Street
Use Permit" from T/PW Street Management Section (311 W. 10th Street)
prior to working in the City's right-of-way.
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C. Banner installation shall occur only between the hours of 9:00 am to
4:00 pm on weekdays and 30 minutes after sunrise and 30 minutes prior
to sundown on weekends.
II. Either party hereto may give notice in writing of a change of address at least 30
days prior to the effective date of the change of address. Any notice that is required or
may be given hereunder shall be addressed as follows:
If to the City of Fort Worth:
Director
Transportation and Public Works
1000 Throckmorton
Fort Worth, Texas 76102
If to Contractor:
President
Historic Camp Bowie, Inc.
6333 Camp Bowie Blvd., Ste. 127
Fort Worth, Texas 76116
III. Term
The term of this agreement shall be contemporaneous with the term of City
Secretary Contract No. 26409. Any renewal of City Secretary Contract No. 26409
shall be a renewal of this agreement. Notwithstanding any such renewal, either
party hereto may terminate this agreement upon thirty (30) days notice by giving
the other party hereto notice in writing of its intention to so terminate.
IV. Indemnification:
1. Contractor covenants and agrees to, and does hereby, indemnify and hold
harmless and defend the City, its officers and employees, from and against any
and all suits or claims for damages or injuries, including death, to any and all
persons or property, whether real or asserted, arising out of or in connection with
any negligent act or omission on the part of the Contractor, its officers, agents,
servants, employees or subcontractors, and the Contractor does hereby assume all
liability and responsibility for injuries, claims or suits for the damages to persons
or property, of whatsoever kind or character, whether real or asserted, occurring
during or arising out of the performance of this contract as a result of any
negligent act or omission on the part of the Contractor, its officers, agents,
servants, employees or subcontractors. Such indemnification shall include
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Worker's Compensation claims of or by anyone whomsoever in any way resulting
from or arising out of the Contractor's work, services and operations in connection
herewith, including operations of subcontractors, if any, and the acts or omissions
of employees or agents of the Contractor.
2. Contractor shall likewise indemnify and hold harmless the City for any
and all injury or damages to City property arising out of or in connection with any
and all negligent acts or omissions of Contractor, its officers, agents, employees,
contractors, subcontractors, licensees or invitees.
3. Insurance coverage specified herein constitutes the minimum requirements
and said requirements shall in no way lessen or limit the liability of the Contractor
under the terms of this Contract. The Contractor shall procure and maintain, at its
own cost and expense, any additional kinds and amounts of insurance that, in its
own judgment, may be necessary for proper protection in the prosecution of its
work.
V. It is expressly understood and agreed that Contractor shall perform all work and
services described herein as an independent contractor and not as an officer,
agent, servant or employee of the City; that Contractor shall have exclusive
control of and the exclusive right to control the details of the services and work
performed hereunder, and all persons performing the same; and shall be solely
responsible for the acts and omissions of its officers, agents, employees,
contractors and subcontractors; that the doctrine of respondeat superior shall not
apply as between City and Contractor, its officers, agents, employees, contractors
and subcontractors; and that nothing herein shall be construed as creating a
partnership or joint enterprise between City and Contractor. No person
performing any of the work and services described hereunder shall be considered
an officer, agent, servant or employee of the City.
Signed and executed this theA "da , 2001.
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Contract Authorization
/- 16
ATTEST: Date CITY O O T WORTH
City Secretary Mike Groomer
Assistant City Manager
APPROVED AS TO FROM AND
LEGALITY:
Assistant y Attorney
ATTEST: HIST C CAMP BONNE
,AfZ A.17
Corporate Secretary Brandy 0'
President
City of Fort Worth, Texas
4volvor and coundl Communication
DATE REFERENCE NUMBER LOG NAME PAGE
1/16/01 **C-18428 1 20BANNER 1 1 of 1
SUBJECT APPROVAL OF HISTORIC CAMP BOWIE PUBLIC IMPROVEMENT DISTRICT NO. 8
BANNER PROGRAM
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into a Letter of Agreement
with the Historic Camp Bowie Public Improvement District No. 8 to manage the Banner Program on
Camp Bowie Boulevard from University Drive to I1-1820.
DISCUSSION:
On September 26, 2000 (M&C G-23022), the City Council approved the Historic Camp Bowie Public
Improvement District No. 8 (PID No. 8) to provide management services for the district.
Historic Camp Bowie PID No. 8 has contacted the Transportation and Public Works Department to
request approval to manage a Banner Program along Camp Bowie Boulevard from University Drive to
I1-1820. It is recommended that the City Council authorize the City Manager to enter into a Letter of
Agreement with the Historic Camp Bowie Public Improvement District No. 8 in accordance with the
Banner Policy adopted by the City Council on March 12, 1998 (M&C G-12155).
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 /1�I 1 1'�RPROVED
Originating Department Head: VCOUNCIL
IL
Hugo Malanga 7801 (from) 16 2MI
Additional Information Contact:
City Secretary of the
Hugo Malanga 7801 City of Fort worth,Toxas