HomeMy WebLinkAboutContract 53585 4A
RECEIVED CSC No. 53585
FEB 2 8 2020
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 Bell Textron Inc. hereinafter called Licensee, for
the following express purposes and conditions, all of which.Licensee hereby covenants and agrees with
City to keep and perform:
1. 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):
Feb nary 27—February 28,2020
1MoIffiffiffinn I MUM Eae I MUM
Firing Range#3 February 27,2020 $425 x 4hrs(half day) . $1,700.00
Classroom#1416 February 27,2020 $285 x.41irs(half day) $285.0.0
Police Officer February
. 27,2020 $68 x 4hrs(half day) , $272.00
Firing Range#3 February 28,2020 $425 x 4hrs(half day) $1,700.00
Classroom#1416 February 28,2020 $285 x 4hrs(half day) $285.00
Police,Officer February 28,2020 $68 x,4hrs(half day) $272.00
TOTAL("License Fee")c. $4,514.00
1.2 The License Fee amount of$4,514.00 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 aper 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(CJ1).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 erso
OFFICIAL RECORD
CITY SECRETARY
FT WORTH,TX
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.
II. 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
Classroom and range training on weapons. The Authorized Use is further described in Attachment III.
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 II, 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.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.
1I1. 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.
333 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 C- , o quW.and-m4tho44"ewe,to-reeeive-eepies-Gf4h, -policies-and
all eaddo en+v+px++ -+1. +l, ; .,��lJ't +1.�i=m=_Ii1zcs,xra9q«,ipa�.l+ir and may x[alco r-G ona quest
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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(I-
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.
VII. 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 Sr. Contract Compliance Specialist
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:
.Bell Textron Inc.
3255 Bell Flight Boulevard
Fort Worth TX 76118 USA
Attn: Matt Garrison
Senior Manager,Physical Security
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-day of ,2019.
CITY OF FORT WORTH: BE TEXT R
J�=
By:Jesus J.Chapa(Feb 26,2020)
Jesus J. Chapa Wa'`e� C, L.ckq,
Assistant City Manager i xagczf('hici
Date Date: %y IR j
APPROVAL RECOMMENDED BY:
By: Ea-Mn Kraus(Feb 26,2020)
Edwin Kraus
Chief of Police
Date:
APPROVED AS TO
FORM AND LEGALITY:
7hus,W,4,rr-R4ee-fGznIg-&V
By:Thomas Royce Hansen(Feb 26,2020)
Thomas Royce Hansen
Assistant City Attorney
ATTEST: U 't
3
MaryIK r(Fe ,2020) �C
B.y: �.
Mary J,Kayser
City Secretary (,
Form 1295 Certification No:NOT REOUIRED
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 perforthance and reporting requirements.
C01,7Gt W,0f C 6�WAV—W
JamesC.Howard(Feb26,2020)
James Howard
Corporal
ATTACHMENT 1
SPACE USAGE
CUMMON AREA'S (F1RlQPOLICE) '
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 AEETING'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 $710
Classroom 1264 max. 51 425 710
Simulator 1266 max. 24 325 540
Computer Lab 1267 (max.24) $485 $810
FIRE DRILL GROUNDS*
8-Story Tower- Live Burns In . use of burn props, propane,Radio
$1,200 $2,000 Tower, SCBA compressor
8-Story Tower No Burns $600 $1,000 Incl. use Radio Tower,SCBA
compress r
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
re uested
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 Inc. SCBA compressor
Confined/Trench Space $450 $750 Supplies not included
ire Addifii0 St i g
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
maybe 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 $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. 82) $285 $475
Firing Range# 1 (50 yard, 40 lane) $650/hour (4 hour minimum required)
Firing Range# 2 (25 yard, Slane) $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
- yPoliceA ditnal taffirg -'
,as .. `<
Police Officer $68/hour per person
1T Liaison $68/hour per person
Police Instructor $75/hour per person
*Janitorial $11/hour per person
*Room 1135 is available for use after 5pm ($800/4 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
I, , 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,I,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 Fort 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 injuries, 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
Thursday 02/27/2020- *Start time will be 0900 this day; Instructors and Safety Officer will
arrive at 0700 for preparation; training concluded by 1300.
Classroom 1416
Firing Range#3
Estimated attendees are 15.
Friday 02/28/2020- *Start time will be 0900 this day; Instructors and Safety Officer will arrive at
0700 for preparation; training concluded by 1300.
Classroom 1416
Firing Range#3
Estimated attendees are 15.