HomeMy WebLinkAboutContract 52204 CITY SECRETARY
CONTRACT NO.. 5 a a o
bores .mill
RECEIVED CIVIC & CONVENTION CENTER
APR 2: 2019 6901 Wichita Street
CITY OF TORT WORTH Forest Hill, TX 76140
Ci,V SECRETARY 817.708.2051
FACILITY USAGE AGREEMENT
TYPE OF EVENT: "Skywarn seminar"
DATE(S) &TIMES OF EVENT: Tuesday, April 30, 2019
THE EVENT WILL BE: Open to the Public
THE MAXIMUM NUMBER OF PEOPLE THAT WILL BE PRESENT AT ANY ONE TIME IN THE FACILITY: 350
CONTACTS: Amanda Everly. Assistant Emergency Management Coordinator; Office of Emergency Management
Fort Worth Fire Department; Office: 817-392-2835; Cell: 682-201-6432; amanda.everly@fortworthtexas.gov
FACILITY SPACE TIME DAY TOTAL FEE
Grand Ballroom/AV services 5:00pm 8:00pm Tue., 04/30/19 $600.00
(2 lavalier & 1 handheld mics)
TOTAL: $600.00
Number of 8'tables: to seat 350;set in rows east/west in room; chairs on both sides of table
Number of chairs required: 350
Podium will be on the stage if needed
FACILITY USE TERMS AND CONDITIONS
THE SALE OF ALCOHOL IS NOT ALLOWED AT ANY EVENT.
ILLEGAL GAMBLING IS STRICTLY PROHIBITED. THIS IS A NON-SMOKING FACILITY.
ASSIGNMENT: This agreement may not be assigned without prior written consent of the City, which consent may be withheld by City
in its sole and absolute discretion.
AUDIO/VISUAL EQUIPMENT: Included in price; 2 lavalier microphones and 1 handheld. Projection system.
AUTHORITY: The client certifies that to the best of his/her knowledge, the City property for use of which application is hereby made
will not be used for the commission of any crime or any act which is prohibited by law. This agreement must be signed by persons
authorized to sign on behalf of the client and bind the client to the terms of this agreement.
CANCELLATIONS: All cancellations must be submitted in writing. All cancellations will forfeit their reservation deposit if not
cancelled 120 days prior to a scheduled event.
FOFF71CIALRECORD
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CHOICE OF LAW AND VENUE: This agreement is to be governed by and interpreted in accordance with the laws of the City of
Forest Hill and the State of Texas. If any action is brought arising out of this agreement, said be brought in the appropriate court in
Tarrant County,Texas.
DECORATIONS: All decorations must be free-standing or tabletop. Decorations cannot be stapled, taped, nailed, or glued to any
walls, windows, doors, ceiling fans or blades, pillars and/or staging. Decorations cannot be suspended or hung from any ceiling,
staircase or doorway. Painting of any kind is prohibited. All decorating must occur within your rental time. Balloons must be securely
anchored and removed at the end of the event by the client. They are not to be given out at any event. The client is responsible for
removing decorations, food or other materials brought into the facilities.
DEFAULT: Failure to comply with any term of this agreement or comply with any rules or regulations of the City will be grounds to
cancel event and deny permission for use or future use of City facilities by the client, be it individual or organization, or any member
thereof, in addition to any remedies available by law. Client agrees that should the event be changed or canceled by client, or due to
client's failure to meet the requirements of this agreement, a full or partial refund of fees, if any, will be made only at the sole
discretion of the City. The City may cancel event or terminate this agreement, without cause, for its convenience or if facilities are
needed for city purposes.
DEPOSITS/PAYMENTS:
Payments may be made by personal check, credit/debit card, money order, cashier's check or cash. When using a
credit/debit card, certain fees apply.
EMERGENCY: Call 911 or Police Dispatch at 817-531-5250 and provide the operator with your location in the facility.
INDEMNIFICATION: The Client and its members shall be held responsible for any and all loss,accident, neglect, iniury,
or damage to person, life, or property, and claims which may be the result of, or may be caused by, the Client's
occupancy or use of the facilities or facility. Client has been given an opportunity to inspect Facility prior to the event
and accepts, discharges,and releases,and shall protect, indemnify,defend,and hold harmless,the City and each of its
employees, agents, employees, volunteers and representatives, from any and all liability, claims, iudgments, or
demands including reasonable attorney's fees and costs, which may arise from any iniuries, deaths, and damage to
Property arising directly or indirectly out of this agreement, including, but not limited to client's occupancy or use of
the facility and the adioining areas including the varking lots except if due to Ci 's active negligence or willful
misconduct. Client's initials ftELI
INSURANCE: Not required for this event.
NOTICE: Notices shall be delivered to the person and address specified as the signatory hereto.
PAYMENT TERMS: Checks shall be payable to the City of Forest Hill. Payment shall be made by: cash, personal check, cashier's
check, money order or credit card. When using debit/credit cards, certain fees apply.
PROHIBITED USES: The City strictly prohibits the use of flammable liquids, compressed gases, fog or smoke machines, candles or
any type of open flame; the throwing of rice, paper or confetti, birdseed or other materials in the facility or on the grounds; "parking
lot parties"; pools, fountains, ponds or landscapes inside or outside the facility, outside tents and stages, inflatable jumping rooms,
inflatable water slides, animals of any kind in a City facility, with the exception of service animals; smoking in a City building within 25
feet of a door, window or ventilation; nudity; drugs. Explosives are not allowed near or inside the facility. Vehicles of any kind are not
allowed in the facility.
SECURITY: Not required for this event.
STORAGE: Storage space is n t available at any time. Shall any item be left in the building it will become the property of the City of
Forest Hill. Client's initials
TABLE COVERINGS: Not needed for this event.
TERM: This agreement becomes effective on the date first written above and shall remain in effect for as long as client remains on or
utilizes City facilities, regardless of event(s) duration.
TRASH; Al/used trash bags are to be tied up and placed inside the dumpster
behind the facility before the client leaves the building.
USE: Client must be at least twenty-one (21) years of age and provide proof thereof. Children must be supervised by an adult
throughout the time that they are in the facility. Ages through 12 require 1 adult per 4 children; ages 13 through 17 require 1 adult
per 10 young adults. Use of the facilities described herein is granted subject to the terms and conditions herein rules and regulations
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established from time to time by the administration of the City of Forest Hill. The City assumes no liability or responsibility for any
personal property of Client or of its employees, agents, representatives, guests or invitees brought onto the property before, during or
after the event described herein. Submission of this application/agreement or acceptance by the City of Forest Hill of any fee does not
guarantee availability of any city facilities. Facility and adjoining areas are provided on an"as is"basis.
All fire exits must be kept clean, clear and unobstructed at all times. The path of travel in hallways and to exits may not be blocked by
furniture or any other movable object. Client must abide by room capacity limits. It is unlawful to exceed the capacity of any room.
Failure to abide by room capacity limits may result in the cancellation of the event without refund or pro-rating of fees if the rental
participants do not adhere to these facility rules.
This agreement contains the entire understanding of the parties. There are no representations, covenants, or warranties other than
those expressly stated herein. No change or waiver of modification of any of the terms hereof shall be valid unless in writing. Signed
agreement must be shown to City authorities on demand. Nothing in this agreement is intended to create any rights in or for a third
party. Nothing in this agreement is intended to waive any defense available to the city at law or common law.
The facility is under video surveillance 24 hours a day.
WEAPONS: It is the client's responsibility to determine if handguns are to be allowed at client's event,
The client must determine if the carrying of handguns would be legal at the event, Client may request the
use of signs from the City to alert attendees that handguns, either openly carried and/or concealed, are
prohibited at the event, Client assumes all liability regarding this issue, The City may not,pursuant to law,
unilaterally2L41hibit the carrying o hand uns at a City facility. Client is res onsible for any damai7e or loss
to the sign(s). Client's initials
By signing this application, I agree personally or on behalf of the organization I represent that I will/have/understand:
.I have read, understand and agree to the terms and conditions on this form or attached hereto, incorporate
herein by reference;
.I understand I have agreed to hold the City harmless and indemnify it from any claim or expense incurred as a
consequence of my use of the facility, per the INDEMNIFICATION paragraph above;
.I assume all liability for loss or damage to any personal property, owned, used, or stored at the event facility;
.I agree to pay the fees as specified in advance of the event;
.Instruct all participants and spectators not to park on any grassy areas and to park in designated parking areas
only; client is restricted from charging for parking of vehicles on city property at any time;
.That there is a 10% charge based on the full amount of this application to change and reprocess the method of
payment submitted for an event;
*Not hold the City responsible for any personal items or items of value that are left at the facility;
.I am entitled to use only the area(s)that I have rented;
*Leave the event facility in the same condition in which I found it;
*Abide by any and all rules for the use of this facility;
•No verbal agreements have been made with city representatives;
Not valid until signed by authorized representative of both parties. Valid for dat6glisted on page 1 only.
Applicant Signature City Representative Signature
Nna.eiden, Everl�,
Applicant Printed Name City Representative anted Name
L1 - 11-1 cr
Date
DISCLAIMER: Granting permission to use the City facilities does not constitute an endorsement by the City of the group or its beliefs
and/or practices.
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FORT WORTH
ADDENDUM TO AGREEMENT
BETWEEN
THE CITY OF FORT WORTH
AND
THE CITY OF FOREST HILL
TITLE OF AGREEMENT: Facility Usage Agreement("the Agreement")
Notwithstanding any language to the contrary in the attached Agreement presented by City of Forest Hill
("Forest Hill") for use of general facilities ("services"), the City of Fort Worth ("Fort Worth") and Forest
Hill (collectively the "parties") hereby stipulate by evidence of execution of this Addendum ("Addendum")
below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby agree
that the provisions in this Addendum below shall be applicable to the Agreement as follows:
1. Indemnity: To the extent the attached Agreement requires Fort Worth to indemnify, defend, or hold Forest
Hill or any third party harmless from damages of any kind or character, or requires reimbursement, or monetary
liabilities of unspecified amounts, Fort Worth objects to these terms and any such terms are hereby deleted from
the Agreement and shall have no force or effect.
2. Addendum Controlling: If any provisions of the attached Agreement, conflict with the terms herein, are
prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of Fort Worth, the terms
in this Addendum shall control.
CITY OF FOR WORTH• CITY OF FO ST HILL-
By:
B i
-
Name: Name: 5 a�-
Assistant City Manager Title: PL A, .Q('
Date: _ ����1�`1 _..� Date: 'fill JCJ
O .�QRT..
ATTEST:
By: ? ��
ity Se ffy
APPRO -ED AS TP FORM AND LEGALITY:
By: OFFICIAL RECORD
Assistant City At orney CITY SECRETARY
FT. WORTH,TX
Contract Authorization:
M&C: N/A
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.
Homer Robertson I
Name of Employee/Signature
Assistant Fire Chief
Title
❑ This form is N/A as No City Funds are associated with this Contract
Printed Name Signature