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HomeMy WebLinkAboutContract 52563 C4" Y SECRETARY CONTRACT NO._ Sol (p'j Tarrant 7 County College RESERVATION AND FACILITIES USE AGREEMENT FOR ORGANIZATIONS AND INDIVIDUALS OUTSIDE THE COLLEGE Tarrant County College District (hereinafter known as the"College")agrees to make its facilities and services available to(hereinafter known as"User"), pursuant to the terms and conditions set forth herein,and as described in the Request for Special Use of Building or Grounds form("Application") which is incorporated into and made part of this Reservation and Facilities Use Agreement ("Agreement").The College reserves the right to reassign this reservation with similar facilities if the needs of the College require such reassignment.If the User fails to fulfill any obligation specified in this Agreement,or the intended User or activity to be conducted is not as described in this Agreement,the College may cancel this Agreement by giving notice to the User. The User agrees to pay to the College,upon execution of this Agreement or two weeks prior to the reservation date whichever is later,the estimated charges for the use of facilities and services,plus any applicable taxes. The College will calculate final charges upon completion of the activity and bill the User for additional charges or reimburse the User for excess payment. The User must reasonably protect any College property or facility used and,upon conclusion of the event,must provide for all necessary cleanup,repair,and restoration of such property or facility to its condition prior to the event,so that such property or facility is suitable for normal use.Cleanup, repair and restoration must be accomplished within twenty-four(24)hours after the date the event is concluded.Otherwise,a fine may be imposed,not to exceed$500 per day,to begin on the day after the cleanup period has expired.The imposition of the fine against any person does not alleviate the User's duty to pay any cleanup or restoration costs resulting from the event.if such repairs and restoration are not completed within the required time period,the College may make the necessary repairs and assess the charges for such services and materials to the User. The User agrees to hold the College,and its respective officers,agents,volunteers and employees collectively, the"College Parties")harmless and to defend and indemnify them from and against any and all claims,damages or liabilities,including attorneys fees,that may arise indirectly or directly from User's breach of any term or condition of this Agreement or any acts or omissions in connection with User's use of the College's facilities or services,whether caused by the User's action or negligence or the action or negligence of the College Parties,User's employees,agents,contractors or invitees or any third parties in connection with this Agreement. Contemporaneously with the execution of this Agreement,the User agrees to furnish to the College proof of liability insurance coverage in the amount of$1,000,000 each claim(Property Damage&Bodily Injury)naming Tarrant County College District and its respective officers,agents,volunteers and employees as additional insureds issued in form and by a company acceptable to the College.The College reserves the right,in its sole discretion,to also require insurance coverage as set forth above from any of User's participants,contractors,vendors,Invitees or other third parties participating, assisting or using the College facilities or services in connection with this Agreement. The User agrees to comply with all laws of the United States and of the State of Texas,the rules, regulations and policies of the College,and any applicable municipal or county ordinances(collectively "the Laws"). Failure to comply with any one or more of the Laws may,at the discretion of the College, result In the termination of this Agreement by College.if,in the opinion of the College,violation of one or more of the Laws may cause a public hazard or nuisance,the College may demand the Immediate correction of such violation or may terminate the event authorized to be conducted by this Agreement. The User shall not assign or sublease all or any part of its obligations under this Agreement or its permission to use any portion of the facilities without the advance written consent of the College nor shall User permit any use of the facilities other than as specified in this Agreement. The User,Its officers,employees,volunteers,agents,Invitees and contractors expressly waive all rights, claims and demands,and forever releases,discharges and holds harmless the College Parties from any and all demands,claims,actions and causes of action arising from any cause whatsoever and arising directly or indirectly out of User's use of the College facilities and services,whether caused by the User's action or negligence or the action or negligence of the College Parties,the User's employees,agents, contractors or invitees or any third parties in connection with this Agreement.The College reserves the right,in its sole discretion,to require User's officers,employees,volunteers,agents,participants, contractors,vendors,invitees or other third parties participating,assisting or using the College facilities or services in connection with this Agreement to execute a separate written waiver and release in a form to be provided by College. This Agreement shall be considered to have been executed In the State of Texas and shall be Interpreted and enforced in accordance with the laws of the State of Texas.Proper jurisdiction for any disputes arisingfrom or relating to this Agreement shall lie exclusively in the state or federal courts located in Tarrant County,Texas. No act of the parties hereto shall be construed as creating or establishing a partnership,or joint venture, of any type between College and User and neither party shall be authorized to commit or to obligate the other party without such other parties'prior written consent. User accepts the use of the facilities and services on an"as is"basis and College makes no representations or warranties about their condition or fitness or use for a particular purpose.User hereby represents and warrants that its use of College facilities and services as set forth herein will not be obscene,defamatory,violate any copyright or infringe upon the literary or any other rights of any person,firm,or corporation,including but not limited to,the right of privacy.User also represents and warrants that its use will not violate any governmental law,resolution,ordinance or regulatory act,and that it has obtained all necessary licenses,permissions and clearances. If User fails to observe any term,condition or covenant of this Agreement,or if User shall fail to pay any sum required to be paid when same shall be due,College shall have the right,at its option,to terminate this Agreement upon notice to User. College reserves the right to give its consent of all pictures which are of College property or which identify College,which consent may be withheld in College's sole and absolute discretion.Nothing herein shall grant to User any interests in or rights to use the College name,logo or trademarks without the prior written consent of College,which consent may be withheld in College's sole and absolute discretion. If the College is unable to give User possession of the facilities on the specified date by reason of a force majeure event,the College shall not be subject to liability for failure to give possession.Under such circumstances,the User shall be entitled to a pro-rata return of any advance sum paid,or any other acceptable arrangement mutually agreed to by the parties.A force majeure event shall include fire, earthquake,hurricane,flood,acts of God,strikes,work stoppages or other labor disturbances,riots or civil commotions,litigation,war or other act of any foreign nation,government restrictions,or any other cause beyond the reasonab?e control or authority of the College(including mechanical,electronic, or communications failure. NOTHING HEREIN SHALL BE MEANT AS A WAIVER BY THE COLLEGE OF THE RIGHTS AND IMMUNITIES AFFORDED TO IT BY LAW. User: College: Signature Sign ure Mike Herndon Printed Name Printed NameExecutiveDi Or 01 FrOcureMent Tarrant County College District Title p Title T -70A Date � Date I-J, r e Glt`f S�CBE. , FORT WORTH ADDENDUM TO AGRECMENT BETWEEN THE.CITY OF FORT WORTH AND TARRANT COUNTY COLLEGE DISTRICT TITLE,OF AGREEMENT: Reservation and Facilities Use Agreement For Organizations and Individuals Outside the College ("tlie Agreement") Notwithstanding any language to the contrary in the attached Agreement presented by Tarrant County College District ("TCCD") for use of general facilities ("services), the City of Fort Worth ("City") and 'TCCD (collectively the "parties")hereby stipulate by evidence of execution of(his Addendum ("Addendum") below by it representative of each party duly authorized to bind the parties hereto, that tlx: parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. insurance: The City is a governmental entity under the laws of(lie state of Tcxas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-insurance by Governmental Units." is self-insured and thercfore is not required to purchase insurance. To the extent the Agreement requires the City to purchase insurance, the City will provide a letter of self-insured status as requested by TCCD. 2. Indemnity: To the extent the attached Agreement requires the City to indemnify, defend, or hold TCCD or any third party harmless from damages of any kind or character, or requires reimbursement, or monetary liabilities of unspecified amounts. the City objects to these ternis and any such terms are hereby deleted from the Agreement and shall have no force or effect. 3. Sovereign Immunity: Nothing herein constitutes a waiver of the City's sovereign immunity. To the extent this Agreement requires the City to waive its rights or immunities as it government entity, such provisions are hereby deleted and shall have no iorec or effect. 4. No Debt: In compliance with Article I l § 5 of'the "Texas Constitution, it is understood and agreed that all obligations of the City hereunder are subject to the availability of funds. If such lirnds are not appropriated or become unavailable, the City shall have the right to terminate this Agreement except for those portions of funds which have been appropriated prior to termination. -. Addendum Controlling;: If any provisions of'the attached Agreement, conflict with the ternis herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of the City, the terms in this Addendum shall control. CITY OF FORT' WORI'li: TARRANT COUN' CO DISTRICT Name: Nadiexw a ernd T Assistant City Manager Title: antC.c 1mewDistrict Datc: _ �l Date: 7� AJITM By: kky APPROVED AS TQFORM AND LEGALITY: By: AW&mt City Attorne'� Contract Authorization: M&C: NIA 1295: MA Date Approved: CPW/Form Addendum Page 2 of 2