HomeMy WebLinkAboutContract 43981 (2)Fire Training Facility Use Agreement
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CITY SECRETAVN
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FIRE TRAINING FACILITY USE AGREEMg
THIS FIRE TRAINING FACILITY USE AGREEMENT (the "Agreement") is entered into this da of
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corporation ("City"), and alitifew �,���`�; 5 D f \ = 3 ("Agency").
I. RECITALS
WHEREAS, pursuant to a lease with the Tarrant Regional Water District (City Secretary Contract No.
42578), the City is the lessee of the Fire and Police Training Facility on 1000 Calvert Street, Fort Worth,
Tarrant County, Texas (the "Facility"); and
WHEREAS, Agency desires to utilize the Facility, including the flashover chamber located on the
Facility, for training purposes for its personnel.
II. TERMS AND CONDITIONS
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the
parties hereby agree as follows:
1. Use. Agency will be permitted to use the Facility on a non-exclusive basis for training purposes.
Agency recognizes that the Facility will be used by the Fort Worth Fire Department and by other Agencies for
training purposes.
2. Scheduling. Facility usage may be scheduled by the City upon receipt and approval of a
request for use of the Facility by Agency ("Request"), which Request must be made in writing and utilizing the
Facility Request Form, the form of which is attached hereto and incorporated herein for all purposes as Exhibit
"A". The approval of the Request is at the sole discretion of the City. Agency shall schedule its training
exercises with the City with as much advance notice as possible to ensure that the Facility is available for its
desired training sessions.
3. Cancellation.
(a) The City reserves the right to cancel any scheduled use of the Facility at any time, including
during a training session, if, in City's sole discretion, the wind will be or is blowing out of the north, northeast,
or northwest during the training.
(b) If Agency cancels within 24 hours of its scheduled use of the Facility, Agency will be liable for
a cancellation fee. The cancellation fee is an amount equal to the 4 hour minimum fee for each Fort Worth Fire
Department instructor and safety officer hired by Agency for the scheduled use, pursuant to the a fee schedule
policy set by the City ("Fee Schedule"). The current Fee Schedule is attached hereto and incorporated herein for
all purposes as Exhibit "B", but such Fee Schedule may be amended by the City from time to time and at any
time without amending this Agreement and without advance notice to Agency.
4. Facility Fee. The Agency will pay the City a fee for use of th Facility ("Facilit
OFFICIAL RECORD
CITY SECRETARY
1 Ft WOR is
according to the Fee Schedule. The Facility Fee is due prior to the use of the Facility, unless other
arrangements have been made an approved in advance by the City If other arrangements are made with the
City, overdue amounts will accrue interest at the rate of twelve percent (12%) per annum.
5. Term of Agreement. The term of this Agreement shall commence upon execution by both
parties and shall continue in effect for a period of one (1) year. This Agreement shall automatically renew each
year thereafter for an additional one (1) year term; provided, however, that either party may terminate the
Agreement by providing notice to the other of its intention not to renew this Agreement at least ninety -days (90)
prior to expiration of any teuu.
6. Default If Agency does not fulfill one or more of its obligations or meet one or more of the
conditions set forth in this Agreement, City, at its sole discretion, may terminate this Agreement immediately
upon written notice to Agency.
7. Rules of Facility Use. Agency must use the Facility in accordance with the City's rules and
policies regarding the use of the Facility. The current version of these rules and policies as adopted by the Fort
Worth Fire Department are attached hereto as Exhibit "C" (` Facility Rules") The Facility Rules may be
amended from time to time and at any time by the City. Agency agrees to comply with the Facility Rules, as
amended.
8. Facility Neat and Clean. Agency agrees to keep the Facility in a neat and clean condition as
reasonably can be expected during its use of the Facility. At the end of each use, Agency agrees to return the
Facility to the City in a condition comparable to or better than the condition as received. Agency further agrees
that it will clean the Facility after each use to a condition reasonably acceptable to the City, including but not
limited to placing unburned materials removed fiom the flashover chamber after a training session into the
provided dumpster (a dumpster fee applies pursuant to the Fee Schedule).
9. Instructors. For use of the flashover chamber, Agency must have a minimum of two (2)
flashover instructors. Instructors must be qualified flashover chamber instructors, as determined in City's sole
discretion. Instructors will be responsible for all aspects of the flashover training Agency may hire Fort Worth
Fire Department flashover instructors to teach inside the flashover chamber. At no point shall Agency have less
than one (1) instructor for every five (5) firefighter trainees.
10. Safety Officers. Agency must adhere to NFPA 1403, which requires the presence of a safety
officer/operator during use of the live fire training prop. The safety officer shall be a Fort Worth Fire
Department firefighter hired by Agency, and shall be in addition to the instructors required under Section 9.
11. Materials Supplied by Agency. Agency must supply all of the following:
(i) the sheets of material used to burn in the flashover chamber; sheets must be 4' x 8' of %2"
Oriented Strand Board ("OSB"), and 5.5 sheets of OSB are required for each burn,
(ii) its own firefighting gear, except helmets, which will be supplied by City;
(iii) its own self-contained breathing apparatus (SCBAs); and
(iv) its own rehabilitation supplies, including but not limited to drinking water and canopies.
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12. Liability.
1 2 . 1 Agency has inspected the Facility and finds it acceptable for its intended uses. Agency is not
relying upon any representations or warranties concerning the Facility except those that may be set forth herein.
12.2 TO THE EXTENT ALLOWED BY LAW, AGENCY COVENANTS AND AGREES TO
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS
AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY
DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, OF WHATSOEVER
KIND OR CHARACTER, ARISING OUT OF OR ALLEGED TO ARISE OUT OF OR IN
CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE USE, CONDITION AND/OR
MAINTENANCE OF THE FACIILITY AND ANY AND ALL ACTIVITIES CONDUCTED
THEREON, OR IN CONNECTION WITH THE ACTS OR OMISSIONS OF AGENCY, ITS
OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR INVITEES.
AGENCY SHALL INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND
ALL INJURY OR DAMAGE TO THE FACILITY OR ANY OTHER PROPERTY OF CITY, ARISING
OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE USE, CONDITION
AND/OR MAINTENANCE OF THE FACILITY. THE PROVISIONS OF THIS SECTION 12 2
SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
12.3 Agency will submit to City an indemnity agreement and waiver of liability in the form, attached
hereto and incorporated herein for all purposes as Exhibit "D", executed by each participant prior to the use of
the Facility.
12 4 Upon written notice by City, Agency shall pay to the City the amount requested by the City to
compensate the City for any and all damages to the Facility and to the City's property occasioned by or arising
from the use of the Facility by the Agency, its officers, agents, employees, contractors, subcontractors, or
invitees, ordinary wear and tear excepted. Such payment shall be due and payable thirty (30) days after receipt
of the written notice. Overdue amounts will accrue interest at the rate of twelve percent (12%) per annum. This
Paragraph shall survive the termination of this Agreement.
12.5 Waiver of Immunity. By its execution of this Agreement, Agency hereby declares its intent
to unequivocally waive its sovereign immunity with regard to its obligations contained in this Agreement, and
agrees not to raise sovereign immunity as a defense as to actions brought by City to enforce the obligations of
Agency under this Agreement This Paragraph shall survive the termination of this Agreement.
13. Insurance.
A. WORKERS' COMPENSATION COVERAGE: Agency shall be responsible for its own actions and
those of its employees and is responsible for complying with the Texas Workers' Compensation Act.
B. AUTOMOBILE LIABILITY COVERAGE* Agency shall be responsible for its own actions and is
responsible for complying with the Texas motor vehicle financial responsibility laws.
C. GENERAL LIABILITY, PUBLIC OFFICIALS LIABILITY, AND LAW ENFORCEMENT
LIABILITY: To the extent permitted by law and without waiving sovereign immunity, Agency shall be
responsible for any and all claims, demands, suits, actions, damages, and causes for action related to or arising
out of or in any way connected with its own actions, and the actions of its personnel rendered or performed
pursuant to the terms and conditions of this Agreement. Agency agrees to obtain general liability, public
official's liability and law enforcement liability, if applicable, or maintain a comparable self-insurance program.
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14. Assignment. Agency is prohibited from assigning this Agreement. Any attempted assignment
shall be void and of no effect.
15. Litigation. In the event any party hereto finds it necessary to bring an action against the other
party to enforce any of the terms, covenants or conditions hereof, the party prevailing in any such action or
proceeding shall be paid all costs and attorneys' fees incurred by the other party.
16. Notices. Any notice, demand, request, consent, approval or communication that either party
desires or is required to give to the other party shall be in writing addressed to the other party at the addresses as
follows:
TO CITY:
With a copy to:
AGENCY:
CITY OF FORT WORTH FIRE DEPARTMENT
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CITY ATTORNEY'S OFFICE
1000 THROCKMORTON
FORT WORTH, TEXAS 76102
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or such address as may have been specified by notifying the other party of the change of address. Notice shall be
deemed served on the date of actual delivery or the first attempted delivery as shown on the return receipt if
mailed with the United States Postal Service by certified mail, return receipt requested.
17. Amendment. No modification, termination or amendment of this Agreement may be made
except by written agreement signed by both parties hereto.
18. Captions. The captions of this Agreement are for convenience and reference only and in no
way define, limit or describe the scope or intent of this Agreement.
19. Severability. In case any one or more of the provisions contained in this Agreement 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 hereof, and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been contained herein.
20. Counterparts. This Agreement may be executed in any number of counterparts, and each
counterpart hereof shall be deemed to be an original instrument, but all such counterparts together shall
constitute but one agreement.
21. Additional Acts. Except as otherwise provided herein, in addition to the acts and deeds recited
herein and contemplated to be performed, executed and/or delivered by any party hereto, the parties hereto agree
to perform, execute and/or deliver, or cause to be performed, executed and/or delivered, any and all such further
Fire Training Facility Use Agreement
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acts, deeds and assurances, which may reasonably be required to effect the purposes of this Agreement.
22. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and
negotiated, and represents the combined work product of all parties hereto. No presumption or other rules of
construction which would interpret the provisions of this Agreement in favor of or against the party preparing
the same shall be applicable in connection with the construction or interpretation of the provisions of this
Agreement.
23. Governing Law. This Agreement and the rights of the parties hereto shall be governed by and
construed in accordance with the laws of the State of Texas, and the parties agree that in any such action venue
shall lie exclusively in Tarrant County, Texas.
24. Signature Authority. The person signing this Agreement hereby warrants that he/she has the legal
authority to execute this Agreement on behalf of the respective party, and that such binding authority has been granted by
proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this
wai ranty and representation in entering into this Agreement.
25 Entire Agreement. The entire agreement between the parties hereto is contained in this Agreement
and the exhibits hereto, and this Agreement supersedes all of their previous understandings and agreements, written and
oral, with respect to this transaction. This Agreement may be amended only by written instrument executed by the parties
subsequent to the date hereof.
Fire Training Facility Use Agreement
[SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above
written.
CITY OF FORT WORTH
B
y: ..
arles Daniels
Assistant City Manager
Approved as to Form and Legality:
i/
V,tt City Attorney
Attest:
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AGENCY:
By:
Name: Be En
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OFFICIAL RECORD
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Exhibit "A"
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Organization Information
Contact Name/Title:
Mailing Address:
Facility Request Form
Fort Worth Fire Department
Educational Services Division
1000 Calvert Street
Fort Worth, Texas 76107
Facility Request Form
Preferred Method of Contact for Approval / Disapproval
Request Information
Meeting/Class Title
No. of Students
Phone: 817-871-6875
Fax: 817-871-6847
Please provide two (2)
week notice for request
Organization Name:
Phone: I Fax:
Email:
Email I Fax
Date(s) Requested
Area(s) / Item(s) Requested: (Check all that apply)
Classroom(s) # Confine Space Area
Burn Building Canopy
Drill Tower Tarmac
Lead Instructor:
Instructor: J Instructor:
Flashover Drill Requirements
1. Must secure one (1) FWFD Flashover Instructor as Safety Officer
2. Must have two (2) qualified Flashover Instructors inside simulator for each burn
3. Must supply five and one half (5 %) sheets of quarter (%") inch OSB for each burn
4. Must supply PPE and SCBA's for each student inside simulator
5. Must supply own rehabilitation supplies
6. Must have on site: BLS equipment including oxygen (02)
7. At least 24 hour cancellation notice
Start Time
Qualified Flashover Instructor(s) supplied by Agency:
A/V Equipment Needed 1 Yes I No
Applicant Signature:
Office Use Only
Date Received:
Training Coordinator Signature:
Time / Area Conflict:
Fire Training Facility Use Agreement
Date:
Yes I No I Initials
Mail
End Time
Flashover Simulator**
Activity Room
Bathroom
Explain below
Approved Disapproved
Date:
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USE
Flashover chamber (includes use of
instruction room)
Fort Worth Fire Department flashover
instructor
Dumpster
Cancellation Fee
Fire Training Facility Use Agreement
Exhibit "B"
Fee Schedule
FEE
$200 for 4 hours; $400 for 8 hours
$38.50/hour with a 4 hour minimum
$25.00
If cancelled by Agency within 24 hours of
the scheduled use, the fee is an amount
equal to the 4 hour minimum fee for each
Fort Worth Fire Department instructor and
safety officer hired by Agency for the
scheduled use.
Exhibit "C"
Rules of Facility Use
1. City reserves the right to rescind, add to, and amend any rules or regulations, to add new reasonable rules or
regulations and to waive any rules or regulations. Agency shall provide a copy of these rules and regulations to
each of its employees or trainees using the Facility to facilitate compliance with the rules.
2. Agency, or the employees, agents, or invitees of Agency, shall not at any time place, leave or discard any rubbish,
paper, articles or object of any kind whatsoever in or on the Facility.
3. City shall have the right to exclude any person from the Facility, and any person in or on the Facility will be
subject to identification by employees and agents of City.
4. Except as otherwise authorized in this Agreement, Agency shall not bring or permit to be brought in or on the
Facility any inflammable, combustible, corrosive, caustic poisonous, or explosive substance, or permit or suffer
the Facility to be used in a manner offensive or objectionable to City.
5. Agency shall not mark, paint, drill into, or in any way deface any part of the Facility. No boring, driving of
screws, cutting or stringing of wires shall be permitted, and no nails, hooks or screws shall be driven into or
inserted in any part of the Facility, except with the prior written consent of City.
6. Agency shall give immediate notice to City in case of known accident in or on the Facility, or of known damage
or defects therein or in any fixtures or equipment, or of any known emergency in the Facility.
7 No animals shall be brought in or about the Facility, with the exception of guide dogs accompanying visually
handicapped persons.
8. Agency shall at all times keep the Facility neat and orderly.
9. The plumbing fixtures, toilets, urinals, wash bowls and other apparatus shall not be used for any purpose other
than that for which they were constructed and no foreign substance of any kind whatsoever shall be thrown
therein. Any stoppage or damage resulting to any such fixtures or appliances from misuse on the part of
Agency's officers, agents, servants, and employees shall be paid by Agency
10. Agency shall not park (and shall insure that Agency's employees, agents, and invitees do not park) in any
reserved parking space other than those reserved parking spaces, if any, specifically assigned to Agency. Any
vehicle improperly parked, or parked in any unauthorized parking area in the Facility shall be towed at the vehicle
owner's expense and without further or additional notice.
11. Persons using the parking areas do so at their own risk. City specifically disclaims all liability, except when
caused solely by its gross negligence or willful misconduct, for any personal injury incurred by users of the
parking areas, their agents, employees, family, friends, guests or invitees, or as a result of damage to, theft of, or
destruction of any vehicle or any contents thereof, as a result of the operation or parking of vehicles in the parking
areas.
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12. City will not be responsible for lost or stolen property, equipment, money or jewelry from the Facility.
13. The Facility is a non-smoking building.
Fire Training Facility Use Agreement
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Exhibit "D"
Indemnity Agreement and Liability Waiver
FORT WORTH FIRE DEPARTMENT
WAIVER, RELEASE, AND INDEMNITY AGREEMENT
I, , my heirs and assigns, in consideration of being able to utilize the facility (as
hereinafter defined), 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 Fort Worth
Fire Department Training Center and/or Fire Ground Facilities. The Fire Ground Facilities are meant to include the
training tower, fire burn lab, Swede Survival Chamber, hazardous materials vessels or any other type of confined space
simulations, transport vehicles, flammable liquids burn pit, the surrounding streets and outdoor grounds within the
training complex. (The Fort Worth Fire Department Training Center and the Fire Ground Facilities are hereinafter referred
to collectively as the "facility".) This waiver and release is intended to release and forever discharge the City of Fort
Worth, their 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, including going to and from such facility. I hereby assume the risk of all conditions of the facility, dangerous or
otherwise, or occurrences that may be encountered while using or going to or from such facility and waive any and all
specific notice of the existence of such conditions or occurrences. 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 or fault of the City of Fort Worth, its officers, servants,
agents or employees. I 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 have read this Waiver and Release 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.
Dated this day of , 20
Fire Training Facility Use Agreement
Participant's Signature
Address
City, State and Zip Code
Telephone
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