Loading...
HomeMy WebLinkAboutContract 52156 4 RECEIVED CITY SECRETARY CONTRACT NO. 5915(o APR 10 2019 CITY OF FORT WORTH CITY SECRETARY CITY OF FORT WORTH SHORT TERM LICENSE AGREEMENT FOR USE OF TRAINING FACILITIES Bob Bolen Public Safety Complex Fort Worth Police Training Academy 505 West Felix Street Fort Worth,Texas 76115 This License Agreement ("License") is made and entered into by and between the City of Fort Worth ("City") a municipal corporation of the State of Texas, acting by and through Jesus J. Chapa, its duly authorized Assistant City Manager ("Manager") and BNSF Railway Company, hereinafter called Licensee, for the following express purposes and conditions, all of which Licensee hereby covenants and agrees with City to keep and perform: I. PAYMENT TO CITY AND GRANT AND TERM OF LICENSE 1.1 That City, for and in consideration of the License Fee, covenants and promises herein contained to be kept,performed and observed by Licensee, does hereby agree to furnish certain Space (as hereinafter defined) to Licensee at the Bob Bolen Public Safety Complex, 505 West Felix Street, Fort Worth, Tarrant County, Texas 76115 ("Facility"), as designated below, and Licensee agrees as consideration hereof and as payment for the right herein granted to use the Space for the Authorized Use (as defined in Section 2.1): March 2511-March 291h,2019 Name Cost Total Classroom 1426 March 25-March 29 $710 x 5 full days $3,550.00 Classroom 1439 March 25-March 29 $475 x 5 full days $2,375.00 Classroom 1416 March 27th $475.00 x 1 full day $475.00 Tactical Village March 25, 28, and $100 x 8hrs $800.00 29 Pat Area(North Section of March 27th $250.00 x 1 full day $250.00 CrossFit Rm.) Janitorial Service March 25-March 29 $11/hr x 8hrs x 5 $440.00 days A ril 81h-April 121h,2019 _ . Name Cost Total Classroom 1426 Aril 8-April 12 $710 x 5 full days $3,550.00 Classroom 1439 Aril 8-April 12 $475 x 5 full days $2,375.00 Classroom 1416 Aril IOth $475.00 x 1 full day $475.00 Tactical Village A ril 8, 11, and 12 $100 x 8hrs $800.00 Pat Area(North Section of April; IOth $250.00 x 1 full day $250.00 CrossFit Rm.) Janitorial Service April 8-April 12 $11/hr x 8hrs x 5 $440.00 days A ril 291h-May 3rd,2019 f4odityNarne Cost Classroom 1426 Aril 29-May 3 $710 x 5 full d OFFICIAL RECORD CITY SECRETARY F`. WORTH,TX Classroom 1439 April 29 - May 3 $475 x 5 full days $2,375.00 Tactical Village April 29, May 2 and $100 x 8hrs $800.00 3 Pat Area(North Section of May 1 st $250.00 x 1 full day $250.00 CrossFit Rm.) Janitorial Service April 29 - May 3 $11/hr x 8hrs x 5 $440.00 days TOTAL ("License Fee"): $23,670.00 1.2 The License Fee amount of Twenty-Three Thousand Six-Hundred and Seventy Dollars ($23,670.00) shall be paid no later than 30 days following the end of the Term, and payment shall be remitted by check or cashier's check to Manager. The approved fees for the Facility are shown on Attachment I- Space Usage and are stated on a per day basis, as set forth above. Licensee understands and agrees to pay the full day fee for any portion of a day for which any or all of the Space is used by Licensee. 1.3 Licensee Parties, as defined below, shall not access any portions of the Facility unless authorized under this License. Access to police training classrooms is subject to all requirements of Title 28 of the Code of Federal Regulations (28 CFR, Chapter 1, Part 20), the Department of Justice, FBI Division, CJIS Security Policy, Version 5.3 8/2/2014 ("Policy"), as amended, regarding security processes and procedures for the creation, viewing, modification, transmission, dissemination, storage, and destruction of Criminal Justice Information (CJI). All persons accessing the police training classrooms and any other physically secure locations and controlled areas during CJI processing shall be subject to a state and national fingerprint-based record check unless these individuals are escorted by authorized personnel at all times. Licensee shall comply with, and shall ensure all Licensee's officials, employees, officers, directors, agents, contractors, subcontractors, sublicensees, participants, attendees consultants, subconsultants, invitees, volunteers, service providers, and representatives of Licensee's, or any person admitted to the Facility by Licensee ("Licensee Parties") comply with, all requirements of City related to the Policy and access to the Space. Licensee's method of compliance with the Policy shall be memorialized in writing and approved by the City staff person in charge of the licensing of the police classrooms. 11. USE OF LICENSED PROPERTY AND EQUIPMENT/CITY'S SUPERIOR INTEREST 2.1 The Space and Equipment shall be used for the purpose of authorized meetings or training and for no other purpose without the prior written consent of the City, specifically as follows (collectively, the "Authorized Use"): in-seat classroom and hands-on, practical skills training, demonstration in the Tactical Village and mat room areas covering various topics including report writing, TASER, ALERRT (active shooter response), defensive tactics, individual and team movement and various safety topics. The Authorized Use is further described in Attachment 111. Licensee may not use the Space for any purpose other than the Authorized Use. Licensee shall provide City with a signed general release of liability and hold harmless agreement, in the form attached hereto as Attachment 11, for each person accessing portions of the training facility other than the auditorium and classrooms. 2.2 PERSONNEL AND EXCLUSIVE SERVICES. Licensee shall employ sufficient qualified personnel as may be required for the proper use and occupancy of the Space including, but not limited to, registration personnel, security guards and paramedics, and other personnel deemed necessary by the Manager as follows: BNSF Railway training and administrative staff, BNSF Railway's contractor PKCO (Police Kinesiology Consulting Organization) training staff and BNSF sourced caterers. Licensee agrees that each person employed by Licensee to provide services in the Facility will at all times maintain a neat and clean appearance and conduct himself/herself in a polite and professional manner. Licensee agrees to replace any such employee failing to do so upon notice by Manager. 2.3 CITY'S SUPERIOR INTEREST/CONTROL OF PREMISES AND FACILITY. Licensee acknowledges that this License is in the nature of a privilege to use the Space, and,therefore, is revocable by City, and City does not purport to convey any real property interest in any of the property over, under or upon the Space. City reserves the right to enter upon the Space at any time for asserting its superior real property interests or for emergency purposes. In furnishing the Space, City reserves the right to control the management thereof, and to enforce all necessary and proper rules for the management and operation of said premises and the Facility. 2.4 REMOVAL OF INSTALLATIONS, EXHIBITS, AND ALL OTHER PROPERTY. All installations, exhibits, training materials, and all other property (collectively "property") belonging to Licensee shall be removed from the Facility on or before the expiration of the Term hereof. In the event that the above stated area is not vacated and property of Licensee removed by Licensee, including Licensee's personnel, on the date above named, City is hereby authorized to remove from the Facility all property of any and all kinds and description which may then be occupying said Facility. City may dispose of the property by any legal means, or, at City's sole discretion, may notify Licensee of the removal of the property and store the property at the expense of Licensee for so long as City deems reasonable to allow Licensee to retrieve the property. City shall not be liable for any damages to or loss of such property which may be sustained due to such removal or resulting from the place to which it may be removed. City is hereby expressly released from any and all claims for any damages of whatever kind or nature. 2.5 ALTERATIONS. Licensee will not cause or permit any nails or any other things to be driven into any portion of the Facility, nor cause or permit any changes, alterations, repairs, painting or staining of any part of the Facility or furnishing or the Equipment thereof, nor do or permit to be done anything which will damage or change the finish or appearance of the Facility or the furnishings thereof. TAPE OR OTHER ADHESIVE MATERIALS MAY NOT BE APPLIED TO WALLS OR OTHER SURFACES OF THE Facility WITHOUT THE PRIOR WRITTEN APPROVAL OF Manager. ALL PRODUCTS THAT CREATE A SUBSTANTIAL RISK OF DAMAGE OR EXCESSIVE LITTER ARE PROHIBITED. Licensee will pay the costs of repairing any damages which may be done to the Facility or any of the fixtures, furniture or furnishings thereof by an act of Licensee or any of Licensee's employees or agents or anyone visiting the Facility upon the invitation of Licensee, including the participants and attendees of the presentation of Licensee. Manager shall determine whether any damage has been done,the amount of the damage,the reasonable cost of repairing it,and whether,under the terms of this License,Licensee is to be held responsible. 2.6 SEATING CAPACITY. In no event shall attendance at an event be in excess of the designated capacity as determined by City's Fire Marshal. 2.7 AISLES AND ALL ACCESS CLEAR. Licensee will permit no chairs, movable seats or other obstructions to be or remain in the entrances, exits, or passageways and will keep same clear at all times. No portion of the sidewalk, entries, passage, vestibules, halls, elevators, or access to public utilities of said building shall be obstructed by Licensee or used for any purpose other than for ingress and egress to and from the Space. 2.8 RESPONSIBILITY FOR DAMAGE. If the Space, or any portion of the Facility, during the term of this License shall be damaged by the act, default or negligence of Licensee, or Licensee Parties, Licensee will pay to City, upon demand, such sum as shall be necessary to restore Facility to its present condition. Licensee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the Space, or to any portion of the Facility with the consent of Licensee's employees or any person acting for or on behalf of Licensee. 2.9 SECURITY PERSONNEL. As a condition of the granting of this License, Licensee agrees to provide adequate security at all times if deemed necessary by the Manager. Security arrangements must be made through the Manager or his designee. 2.10 LICENSEE'S REPRESENTATIVE. A representative of Licensee approved by Manager or his designee shall remain at the Space during the Term and until all participants, attendees and the public have left the Space and the Facility. 2.11 RESERVED RIGHTS. City reserves the sole and exclusive right to sell or serve on, in or about the Space any soft drinks, food, souvenirs, or other merchandise, or City may grant all concession rights to any party or parties designated by City, and no food or beverage, samples or otherwise, may be served or distributed by Licensee without the prior written consent of City. City likewise reserves the right, through its Manager, his designee or City's police officers, to eject any objectionable persons from the Facility and upon the exercise of this authority, Licensee hereby waives any right and all claims for damages against City, or any of its agents, officials, or employees. III. INDEMNITY AND LIABILITY 3.1 TO THE FULL EXTENT ALLOWED BY LAW, LICENSEE COVENANTS AND AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS, CITY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, SUBCONTRACTORS, OTHER LICENSEES, SUBLICENSEES, LESSEES, SUBLESSEES, CONSULTANTS, SUBCONSULTANTS, INVITEES, VOLUNTEERS, UTILITY PROVIDERS, SERVICE PROVIDERS, AND REPRESENTATIVES OF CITY, INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO, BODILY INJURY OR DEATH AND PROPERTY DAMAGE, MADE UPON CITY, DIRECTLY OR INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO LICENSEE'S ACTIVITIES, CITY'S ACTIVITIES, OR THIRD PARTY'S ACTIVITIES UNDER THIS LICENSE AGREEMENT,INCLUDING ANY ACTS OR OMISSIONS OF LICENSEE, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONSULTANT, SUBCONSULTANT, SUBLICENSEE OF LICENSEE, CONTRACTORS, SUBCONTRACTORS, VOLUNTEERS, INVITEES, PARTICIPANTS, AND ATTENDEES AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND REPRESENTATIVES WHILE IN THE EXERCISE OR PERFORMANCE OF THE RIGHTS OR DUTIES UNDER THIS LICENSE, ALL WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. LICENSEE SHALL PROMPTLY ADVISE CITY IN WRITING OF ANY CLAIM OR DEMAND AGAINST THE CITY OR LICENSEE KNOWN TO LICENSEE RELATED TO OR ARISING OUT OF LICENSEE'S ACTIVITIES INCLUDING THOSE NAMED ABOVE, (AGENTS, ETC.), CITY'S ACTIVITIES OR THIRD PARTY'S ACTIVITIES UNDER THIS LICENSE AND SHALL SEE TO THE INVESTIGATION AND DEFENSE OF SUCH CLAIM OR DEMAND AT LICENSEE'S COST. CITY SHALL HAVE THE RIGHT,AT ITS OPTION AND AT ITS OWN EXPENSE,TO PARTICIPATE IN SUCH DEFENSE WITHOUT RELIEVING LICENSEE OF ANY OF ITS OBLIGATIONS UNDER THIS PARAGRAPH. NOTWITHSTANDING ANY CONDITION IMPOSED BY A POLICY OF INSURANCE TO WHICH LICENSEE AND CITY ARE NAMED, CITY SHALL RETAIN THE RIGHT, AT ITS OPTION AND AT ITS OWN EXPENSE, TO PARTICIPATE IN ANY SUCH DEFENSE PROVIDED BY LICENSEE OR LICENSEE'S AGENT UNDER THIS ARTICLE. 3.2 IT IS THE EXPRESS INTENT OF THE PARTIES TO THIS LICENSE AGREEMENT, THAT THE INDEMNITY PROVIDED FOR IN THIS ARTICLE, IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEMNIFY, PROTECT AND HOLD HARMLESS CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY PROVIDED FOR IN THIS ARTICLE SHALL APPLY ONLY WHEN THE NEGLIGENT ACT OF CITY IS A CONTRIBUTORY CAUSE OF THE RESULTANT INJURY, DEATH OR DAMAGE, AND SHALL HAVE NO APPLICATION WHEN THE NEGLIGENT ACT OF CITY IS THE SOLE CAUSE OF THE RESULTANT INJURY, DEATH OR DAMAGE. FURTHER, THE INDEMNITY PROVIDED FOR IN THIS ARTICLE SHALL NOT APPLY TO AN INJURY, DEATH, OR DAMAGE CAUSED BY THE GROSS NEGLIENCE OR WILLFUL MISCONDUCT OF CITY. LICENSEE FURTHER AGREES TO DEFEND, AT ITS OWN EXPENSE AND ON BEHALF OF CITY AND IN THE NAME OF CITY, ANY CLAIM OR LITIGATION BROUGHT AGAINST CITY AND ITS ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES, IN CONNECTION WITH ANY SUCH INJURY, DEATH OR DAMAGE FOR WHICH THIS INDEMNITY SHALL APPLY AS SET FORTH ABOVE. 3.3 Certain uses on the Facility will require individual waivers from each participant. In addition, individual parental waivers will be required for youth events. All waivers must be submitted fourteen (14) calendar days prior to the event. City is not responsible for any damages, injuries, or death related to use of the Facility. Licensee is required to have a pre- and post-walkthrough with City staff, including Facility administrative staff and an IT Liaison (as required) for each event. If applicable, a list of damages discovered on the post-walkthrough and afterward will be submitted to the Facility's administrative office and Licensee shall be subject to payment for the damages as required herein. IV. INSURANCE REQUIREMENTS 4.1 All Certificate(s) of Insurance shall be provided to City ten business days prior to the event. Licensee shall furnish an original completed Certificate(s) of Insurance to City's Facility, which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. The original certificate(s) must have the agent's original signature, including the signer's company affiliation,title and phone number, and be mailed directly from the agent to City. City shall have no duty to pay or perform under this License until such certificate shall have been delivered to the City's Facility, and no officer or employee, other than the City's Risk Manager,shall have authority to waive this requirement. 4.2 City reserves the right to review the insurance requirements of this Article during the Term of this License and any extension or renewal hereof and to modify insurance coverage and their limits when deemed necessary and prudent by City's Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this License, but in no instance will City allow modification whereupon City may incur increased risk. 4.3 Licensee's financial integrity is of interest to City, therefore, subject to Licensee's right to maintain reasonable deductibles in such amounts as are approved by City, Licensee shall obtain and maintain in full force and effect for the Term of this License, and any extension hereof, at Licensee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and rated A-or better by A.M. Best Company and/or otherwise acceptable to City, in the following types and amounts: TYPE AMOUNT 1. Commercial General (public) For Bodily and Property Liability Insurance to include Damage of$1,000,000 per Coverage for the following: Occurrence with a$3,000,000 a. Premises operations General Aggregate, or its equivalent b. Independent contractors** in umbrella or excess liability coverage c. Products/completed operations d. Personal Injury e. Contractual liability f. Explosion, collapse, underground** g. Broad form property damage,to include fire legal liability 2. Business Automobile Liability Combined Single Limit for Bodily Injury and Property Damage of a. Owned/lease vehicles $1,000,000 per occurrence b. Non-owned vehicles c. Hired vehicles * Any alternate plan for Worker's Compensation and Employer's Liability must be approved in advance by City's Risk Manager. Alternate plans will not be allowed or accepted during any periods of Licensee's construction work, if any, on or about the Space, whether authorized or unauthorized hereunder. ** If applicable. 4.4 City shall be entitled, upon request and without expense,to receive copies of the policies and all endorsements thereto as they apply to the limits required by City, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Upon such request by City, Licensee shall exercise reasonable efforts to accomplish such changes in policy coverage and shall pay the cost thereof. 4.5 Licensee agrees that, with respect to the above required insurance, all insurance agreements and Certificate(s) of Insurance will contain the following required provisions: Name City as additional insured with respect to operations and activities of, or on behalf of, the named insured performed under agreement with City, with the exception of the workers' compensation and professional liability policies; "It is agreed that any insurance provided by Licensee is primary to any insurance or self- insurance maintained by the City of Fort Worth." "It is agreed that any insurance or self-insurance maintained by the City of Fort Worth shall apply in excess of, or not contribute with insurance provided by this policy." 4.6 Licensee shall notify City in the event of any notice of cancellation, non-renewal or material change in coverage and shall give such notices not less than thirty (30) days prior to the change, or ten (10)days notice for cancellation due to non-payment of premiums, which notice must be accompanied by a replacement Certificate of Insurance. 4.7 Nothing herein contained shall be construed as limiting, in any way, the extent to which Licensee may be held responsible for payments of damages to persons or property resulting from Licensee Parties or of the matters covered under this License. 4.8 Licensee, at its sole option, may elect to self-insure the insurance requirements of this Agreement. Licensee shall directly cover any self-insured retention or other financial responsibility for claims in lieu of insurance.Any and all Licensee liabilities that would otherwise be covered by Licensee's insurance in accordance with the provisions of this Agreement, will be covered as if Licensee elected not to include a deductible, self-insured retention or other financial responsibility for claims. V. COPYRIGHT INDEMNIFICATION 5.1 LICENSEE AGREES TO ASSUME FULL RESPONSIBILITY FOR COMPLYING WITH THE FEDERAL COPYRIGHT LAW OF 1978 (17 U.S.C. 101, ET SEQ, AS AMENDED,) AND ANY REGULATIONS ISSUED THEREAFTER INCLUDING, BUT NOT LIMITED TO, THE ASSUMPTION OF ANY AND ALL RESPONSIBILITIES FOR PAYING ROYALTIES WHICH ARE DUE FOR THE USE OF COPYRIGHTED WORKS IN LICENSEE'S PERFORMANCES OR EXHIBITIONS TO THE COPYRIGHT OWNER, OR REPRESENTATIVES OF SAID COPYRIGHT OWNER, AND, TO THE FULL EXTENT ALLOWED BY LAW, LICENSEE AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY, ITS OFFICERS, EMPLOYEES AND AGENTS, FOR ANY CLAIMS, LOSSES, EXPENSES OR DAMAGES GROWING OUT OF LICENSEE'S INFRINGEMENT OR VIOLATION OF THE COPYRIGHT LAW AND/OR REGULATIONS. VI. LAW OBSERVANCE/TAXES 6.1 Licensee shall not do, nor suffer to be done,anything in the Facility, during the Term of this License, in violation of the laws of the United States, the State of Texas, or any of the ordinances of City or Tarrant County, Texas, including, but not limited to, License requirements of City. Further, Licensee shall obey all rules and regulations of City for the government and management of the Facility, together with all rules and requirements of the police and fire departments of City. Licensee agrees that every employee, agent or invitee connected with the purpose for which the Space is licensed shall abide by, conform to and comply with all and any such rules, laws, and ordinances. If the attention of said Licensee is called to such violations,Licensee will immediately desist from and correct such violations. 6.2 If actual sales are made in the Facility, Licensee must inform each seller of the applicable sales tax. This rate is subject to change and Licensee must check with the Local State Comptroller's Office (1-800-252-5555) prior to show date to ascertain the current rate. Additionally, Licensee is responsible for ensuring that said Licensee or those selling under Licensee possesses a sales permit number prior to the start of the event. VIL ATTORNEY'S FEES If City is required to file suit to collect any License Fee or other amount owed to City under this License for Licensee's use of the Space, City shall be entitled to collect reasonable attorney's fees. VIII.NON-DISCRIMINATION Licensee, its agents, and employees agree not to discriminate on account of race, color, religion, national origin, gender, handicapped condition, transgender, gender expression, or gender identity in the use of or admission to the Facility. IX. PERFORMANCE QUALITY Licensee hereby agrees that no activity, event, performance, exhibition or entertainment (collectively "presentation") shall be given or held or take place in the Space herein described which is potentially dangerous to the public or which is illegal, indecent, obscene, lewd, immoral, or in any manner offensive to persons of ordinary sensibilities and should any presentation or any part thereof be deemed by Manager to be dangerous, illegal, indecent, obscene, lewd, immoral or in any manner offensive to persons of ordinary sensibilities, then said Manager shall have the right to demand of Licensee that Licensee immediately, upon receipt of such notice, cease its presentation, or make the changes demanded by the Manager. X. ABANDONED ITEMS City shall have the sole right to collect and have custody of articles left in the Facility by persons attending any presentation given or held in the Space. Licensee agrees to hold City harmless for dispensing of said articles not claimed within 24 hours after the end of the presentation, and City may dispose of same through any legal means without notice to Licensee. XI. TERMS USED It is understood that whenever this License authorizes or requires City to take any action, it may be done by Manager, his designee or by other persons designated by the City Manager, unless the City Charter requires that the City Manager take such action or that the City Council approve such action. XII. CANCELLATION 12.1 BY LICENSEE. Requests to cancel or reschedule an event should be sent to City in writing at least fourteen(14)calendar days before the original event date. Events may be rescheduled to a later date within six months of the original date based on space availability. A reschedule fee of$50 per rented space will apply. Cancellation refunds shall be as follows and may take up to 8 weeks to process: 6 weeks or more prior to event Refund 75%of rental fee 2-6 weeks prior to event Refund 50%of rental fee Less than two weeks prior to event No refund Cancellation due to inclement weather Reschedule or Refund 75%of reservation fee 12.2 BY CITY. Violation by Licensee of any covenant, agreement or condition contained herein shall be cause for termination hereof by City. In such a case, Licensee forfeits any payment already made and is entitled to a refund only if the canceled Space is re-booked to another party. In addition, City may likewise terminate this License if the Licensee should, prior to the date of occupancy thereunder, violate any covenant, agreement, or condition in any other agreement which the Licensee might have for use of the Facility or should a court having jurisdiction over Licensee take its assets pursuant to proceedings under the provisions of any Federal or State reorganization code or act. Written notice of such cancellation will be given to Licensee by Manager. Licensee waives any and all claims for damages against City resulting from such cancellation. XIII.NO WAIVER No waiver by City of any default or breach of any covenant, condition, or stipulation herein contained shall be treated as a waiver of any subsequent default or breach of the same or any other covenant,condition,or stipulation hereof. XIV. IMPOSSIBILITY OF PERFORMANCE 14.1 If the (a)Facility or any portion thereof be destroyed or damaged by fire or other calamity so as to prevent the use of the Space for the purposes and during the periods specified in this License, or (b) if the use of the Space by Licensee shall be prevented by an act of God, strike, lockout, material or labor shortage, restrictions by any governmental authority, civil riot, flood, or any other cause beyond the control of City, then this License shall terminate. City shall not be liable or responsible to Licensee for any damages caused thereby and Licensee hereby waives any claim against City for damages by reason of such terminations, except that any unearned portion of the rent due thereunder shall abate, or, if previously paid,shall be refunded by City to Licensee. 14.2 Further, City reserves the right to relocate Licensee to an alternate space within the Facility which is suitable for the use of Licensee should such relocation become necessary. In the event of such relocation,this License shall continue in full force and effect with the new location substituted for the old location. City shall use its best efforts to avoid any unnecessary inconvenience to Licensee. XV. SEVERABILITY In case any one or more of the provisions contained in this License shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this License shall be considered as if such invalid, illegal, or unenforceable provision had never been contained herein. XVI. NOTICES Any notices required or appropriate under this License shall be given in writing at the addresses shown below: CITY: c/o Sgt.Eddie Trinidad Bob Bolen Public Safety Complex 505 West Felix Street Fort Worth,Texas 76115 With a copy to: City Attorney City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 LICENSEE: BNSF Railway Company Attn: Charles R.Matthews 3001 Lou Menk Drive,Bldg.A-South Ft. Worth,TX 76131 XVII. HEADINGS The Article headings contained herein are for convenience of reference and are not intended to define,extend,or limit any provisions of this License. XVIII. NO ASSIGNMENT This License is personal to Licensee. It is nonassignable and any attempt to assign this License will terminate all rights and privileges herein granted. XIX. TEXAS LAW TO APPLY This License will be interpreted according to the Constitution and laws of the State of Texas. Venue of any court action brought directly or indirectly by reason of this License shall be in Tarrant County, Texas. This License is made and is to be performed in Tarrant County, Texas, and is governed by the laws of the State of Texas. XX. ENTIRE AGREEMENT This License contains the final and entire agreement between the parties hereto and contains all of the terms and conditions agreed upon, and supersedes all other agreements, oral or otherwise, regarding the subject matter of this License, none of which shall hereafter be deemed to exist or to bind the parties hereto; it being the intent of the parties that neither shall be bound by any term, condition, or representation not herein written or contained in Addendum(s). XXI. AUTHORIZED AGENT The signer of this License for Licensee hereby represents that he or she has full authority to execute this License on behalf of Licensee. [Signature page follows] EXECUTED on this, the �ay ofr 2019. 67 CITY OF FORT W TH: BNSF RAILWAY COMPANY: By: By:CAa�' - Q1 Jesus J. a Charles R. Matthews Assistant City Manager Assistant Vice President f Resource Protection Date: 1 Date: APPR V RE COMMENDED BY: By: Joel F. Fi z erald �j Chief of Police Date: �Q3-- A -;U t 9 APPROVED AS TO FORM AND LEGALITY: By: �6 .�l/',�-y/ Matt Murray Assistant City Attorney RT .�. 0,��, ATTEST: t� By: *` Ma `J:kayser ........ ,f City Secretary Form 1295 Certification No: NOT REQUIRED This agreement does not require City Council approval. 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. Sgt. Eddie Trinidad Reality Based Training Unit OFFICIAL RECORD CITY SECRE�TARY WORTH, ATTACHMENT 1 SPACE USAGE Facility Name 1/2 Day Day COMMON AREAS(FIRE/POLICE) Auditorium $650 $1,080 Multi-Purpose Room (max. 245) $710 $1,180 Incl. use of Lobby/Lounge/Kitchen Lobby $710 $1,180 Incl. use of Lounge/Kitchen Lounge $325 $540 Incl. use of Kitchen FIRE MEETING FACILITIES Classroom 1283 (max. 18) $285 $475 Classroom 1266 (max. 24) $285 $475 Classroom 1261 (max. 37) $285 $475 Classroom 1258 (max. 38) $285 $475 Classroom 1275 (max. 38) $285 $475 Classroom 1277 (max. 38) $285 $475 Classroom 1214 (max. 50) $425 1 $710 Classroom 1264 max. 51 425 $710 Simulator 1266 max. 24 325 540 Computer Lab 1267 (max. 24) $485 $810 FIRE DRILL GROUNDS* Incl. use of burn props, propane,Radio 8-Story Tower- Live Burns $1,200 $2,000 Tower, SCBA compressor 8-Story Tower- No Burns $600 $1,000 Incl. use Radio Tower,SCBA compressor Radio Tower $600 $1,000 Warehouse Simulator $450 $750 Aquatics Simulator $360 $600 Flashover Chamber 720 $1,200 Does not include materials Vehicle Fire Prop $1,020 $1,700 Incl. fuel,travel/delivery (if requested) Incl. use of burn props, SCBA Class A Burn Lab — Live Burns $1,020 $1,700 compressor (materials provided at cost Class A Burn Lab — No Burns 540 900 Incl. SCBA compressor Confined/Trench Space $450 $750 Supplies not included Fire Additional#affing - - _ Instructor/Trainer $75/hour per person Safety Officer $75/hour per person *Based on the number of attendees and planned training activities, additional instructors and/or safety officers may be required in order to comply with NFPA 1403 at the Event Holder's cost. In such instances, the Staffing Rates will apply. Material costs will be based on current market rates. POLICE MEETING FACILITIES** Classroom 1134 (max. 35) $285 1 $475 Classroom 1135 (max. 35) $300/4 hours only after 5pm) Computer Lab 1142 (max.24) $285 $475 Computer Lab 1146(max.24) $285 $475 Classroom 1166 (max. 48) $285 $475 Classroom 1233 (max. 48) $425 $710 Classroom 1416 Weapons Range Area max. 32 $285 $475 Classroom 1426 Weapons Range Area max. 48 $425 $710 Classroom 1439 Weapons Range Area (max. 32) $285 $475 Firing Range # 1 (50 yard, 40 lane) $650/hour (4 hour minimum required) Firing Range # 2 (25 yard, 5 lane) $125/hour (4 hour minimum required) Firing Range # 3 (25 yard, 30 lane) $425/hour (4 hours minimum required) Firing Range # 4 (100 yard, 10 lane) $165/hour (4 hour minimum required) Tactical Village $100/hour Driving Track $100/hour Use of Force Simulator $65/hour Police Additional Police Officer $68/hour per person IT Liaison $68/hour per person Police Instructor $75/hour per person *Janitorial $11/hour per person n *Police *Room 1135 is available for use after 5pm ($300/4 hours if approved for use) *Specialized areas are charged per hour *Janitorial- Recommends 2 staff members per every 175 guests "For POLICE License Fees that are stated on o per day basis,and Licensee agrees to pay the full daily License Fee,even if any or all of the respective Space are used or a portion of a day. NOTE.All rental fees and deposits are due in full at time of booking and may be paid by credit/debit card.Prices listed above are subject to change.Base rates listed above do not include overtime fees ordeposits. In the case of City of Fort Worth departments,only non-General Fund departments will be charged fees for space reservations.General Fund departments will only be charged where supplemental fees are required for extra services such as janitorial,security,etc. ATTACHMENT II WAIVER,RELEASE,AND INDEMNITY AGREEMENT 1, , for myself, my heirs and assigns, hereby affirm that I am aware that my use of the Bob Bolen Public Safety Complex, located at 505 West Felix Street, Fort Worth, Tarrant County, Texas 76115 ("Facility") has inherent risks. As a condition precedent to my use of the Facility, I confirm that I understand and accept all risks, dangers and hazards presented by my use of the Facility, and I am using the Facility freely and voluntarily. In consideration of being permitted to utilize the Facility, I hereby assume all risk of harm and injury to myself and others, as well as to the property of others, which may result from my use of the Facility, regardless of the cause or blame. Further, 1, for myself, my heirs and assigns, in consideration of being able to utilize the Facility, do hereby FOREVER RELEASE AND WAIVE all claims against the City of Fort Worth, its officers, agents and employees, for injuries, death or property damage which may arise from my use of the Facility. This waiver and release is intended to release and forever discharge the City of For Worth, its officers, servants, agents and employees from any and all claims, actions, causes of action, damages, losses or expenses, including attorney's fees whether real or asserted, of every kind or character,arising out of my use of the Facility.This waiver is intended to release the City of Fort Worth, its officers, servants, agents and employees even if said iniuries, death or other damages are caused in whole or in part by the alleged acts of commission, omission, negligence, gross negligence, breach of contract, intentional conduct, violation of statute or common law, breach of warranty, product defect, strict product liability, or any other conduct whatsoever of the City, its officers, servants, agents or employees. 1, for myself, and my heirs and assigns hereby assume all responsibility and liability for such injuries or damages, including death, and hereby covenant not to sue the entities and parties named above for such injuries or damages. I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM ALL CLAIMS, TOGETHER WITH ALL COSTS, EXPENSES, AND LEGAL FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO MY USE OF THE FACILITY. 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 SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER CONDUCT WHATSOEVER OF THE CITY. I REALIZE THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHT TO SUE THE CITY FOR INJURY, DEATH OR DAMAGE I MAY SUFFER THROUGH MY USE OF THE FACILITY. IF ANY COURT FINDS A PORTION OF THIS AGREEMENT TO BE INVALID, THE REMAINDER OF THE AGREEMENT WILL NOT BE AFFECTED. I have read this Waiver, Release, and Indemnity Agreement 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 agreement. I also represent that I am at least 18 years of age. Dated this day of 2019. Participant's Signature Address City, State and Zip Code Telephone ATTACHMENT III SCHEDULE OF SPACE USAGE Dates: Session#2: Monday March 25— Friday March 29,2019 Session#3: Monday April 8—Friday April 12, 2019 Session#4: Monday April 29—Friday May 3, 2019 Monday- *Start time will be 0700 this day; BNSF Instructors will arrive at 0600 for preparation; training concluded by 1700. Break area near east entrance for coffee, snacks, etc. Hallway between 1426 and 1439 for lunches. Classroom 1426 Classroom 1439 Tactical Village (Taser) * Four spare tables available in the tactical village area for setting up and issuing out equipment during CEW hands on portion. Tuesday *Start time will be 0800 this day; BNSF Instructors will arrive at 0700 for preparation; training concluded by 1700. Break area near east entrance for coffee, snacks, etc. Hallway between 1426 and 1439 for lunches. Vacant Hallway (Southside of classroom 1426 and 1439) * One table for equipment distribution. Classroom 1426 *Additional row of tables and seats to accommodate class size; current estimate is 60 attendees in the afternoon. Classroom 1439 Wednesday- *Start time will be 0800 this day; BNSF Instructors will arrive at 0700 for preparation; training concluded by 1700. Break area near east entrance for coffee, snacks, etc. Hallway between 1426 and 1439 for lunches. Defensive Tactics Room PAT Area(North Section of Crossfit Room) *Wellness team will utilize power rack, bar, and flat bench as needed in Crossfit room. Classroom 1426 Classroom 1439 Classroom 1416 Vacant Hallway (Southside of classroom 1426 and 1439) with two private areas or partitions (dividers) for privacy for Wellness Team. Thursday *Start time will be 0800 this day; BNSF Instructors will arrive at 0700 for preparation; training concluded by 1700. Break area near east entrance for coffee, snacks, etc. Hallway between 1426 and 1439 for lunches. Classroom 1426 Tactical Village (ALERRT) Friday *Start time will be 0800 this day; BNSF Instructors will arrive at 0700 for preparation; training concluded by 1700. Break area near east entrance for coffee, snacks, etc. Hallway between 1426 and 1439 for lunches. Classroom 1426 Classroom 1439 Tactical Village (ALERRT) Miscellaneous Terms: Fort Worth PD Sign in sheet will be completed in the classroom when students are in-seat and sheet will then be returned to front entrance desk. Fort Worth PD will have someone posted at the facility entrance 30 minutes prior to each start time to allow for student entry into the facility. Training trailer will be parked in the secured area of the facility throughout the week.