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HomeMy WebLinkAboutContract 47091 (2)REGEWEL CCt -6 1015 cal SCRETAKY CONTRACT NO. ,,0AGREEMENT, RELEASE, HOLD HARMLESS AND INDEMNIFICATION OF LIABILITY tra SEriRwl AGREEMENT FOR THE CITY OF FORT WORTH • Y, Sheila Eisenstein , in my official capacity as Head of Production , for Furlined, LLC ("Company") with authorization to enter into this agreement, in consideration of the opportunity to enter onto City property located at Westside Water Treatment Plant, 12220 Old Weatherford Road, Aledo, TX 76008 (hereinafter known as the "Westside Plant") and to film as described in Attachment A, fully recognize and appreciate any and all risks associated with such entry and participation and do hereby FULLY AND FOREVER WAIVE AND RELINQUISH, COVENANT NOT TO SUE, RELEASE, HOLD HARMLESS, DISCHARGE AND INDEMNIFY the City of Fort Worth, its officers, agents, employees, affiliates, volunteers and attorneys, from any and all actions, lawsuits, debts, demands, damages, claims, judgments or liabilities of any nature, whether known or unknown, including costs and attorneys' fees, which I individually have or may have or my assigns, successors, administrators, and heirs have or may have against the City of Fort Worth, its officers, agents, employees, affiliates, volunteers and attorneys for property loss, or damage; for any and all medical, hospital or pharmaceutical expenses, doctor bills or nurses expenses; and for damages for personal injury, including death; or, any other damage of any kind or character and any other type of damage which I may hereinafter incur, arising out of, resulting from directly or indirectly attributable circumstances related to such activity. Company hereby assumes all responsibility and liability for such damages or injuries I or other employees, agents or representatives of the Company sustain, and understands and acknowledges the significance and consequences of this release and this agreement. Company certifies that any one of its employees, agents or representatives who enter onto the Treatment Plant shall have no physical impedtrnents or other conditions, medical or otherwise, which may become aggravated or worsened by any condition at the Westsidc Plant. The City of. Fort Worth, its officers, agents, employees, affiliates or volunteers shall not be responsible for any injury or damages to Company or to any of Company's employees, agents or representatives which may be sustained while on the Westside Plant. Company fully acknowledges and agrees to follow and that its employees, agents or representatives shall at all times follow, the guidelines and provisions established by the City of Fort Worth management, for entry of and filming at the Westside Plant, Furthermore I agree that Company and its employees, agents or representatives will be supervised by a City employee and shall obey the City's instructions and that the City may terminate my grant of access and use and filming at the Westside Plant at any time. THIS RELEASE AND INDEMNIFICATION SHALL BE CONSTRUED AS EXPRESSLY INCLUDING, BUT NOT _LIMITED TO, ALLEGED ACTS, OMMISSIONS, NEGLIGENCE, MISCONDUCT, CONDITIONS OF THE PREMISES AT THE WESTSIDE PLANT, MATERIALS OR TRAINING, EQUIPMENT, SERVICES OR THE MANNER OF PERFORMANCE OF SERVICES OF OR BY THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, VOLUNTEERS AND ATTORNEYS, ACTING OFFICIALLY OR OTHERWISE. Company further acknowledges that Company and any of its employees, agents or representatives shall not use any disparaging film of any City property, and the City shall have sole discretion in determining if such material is disparaging. Company, its respective designees or assignees, shall not use any designated marks, logo or copyrights of the City or sell, transfer, or give any original prints or reproductions for circulation and/or publication for use by a third party. Nor shall Company use such logo in any manner that reflects unfavorably upon the good name, goodwill, reputation, or image of the City. Company, its respective designees or assignees, shall not use any designated marks or copyrights, in any manner that would cause confusion in the public mind as to the permitted use for which Company has been granted such rights. None of the designated marks or copyrights of the City shall be incorporated into a common graphic or be associated with third party trade names or marks, except as agreed upon by the City. Company, its respective designees or assignees, may not use any of the designated marks or copyrights of the City or authorize such use on any World Wide Web site or on any other on-line site, except as specifically approved by the City. The City assumes no responsibility or Liability with respect to the content of any material published by Company. User shall be responsible for all such content, and shall indemnify and hold the City harmless with respect to such content and use, I have read this Agreement, Release, Hold Harmless and Indemnification Waiver and full) understand its terms and conditions. Agreed to by: tYiia( 12-6 Name: Sitikt isortogedth Title: I-k att of frittihsteit. r Signature Witness Permission Recommended by: n Carman, Water Director Approved to as to form and legality: Christa ' , Lopez-Reyn lcis Sr. Assistant City Attorney Attest: ti its AirVal • w Mary Kayse: `P t ecret .11, iv* KRUM Date: in 1 is 1 Permission Granted by f 7 CLuL.1•0 Date: < <� Chapa, Assistant City Manager r OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Attachment 'A' Proposed filming activity and timeline Times are approximate and may change Location Fee for use of West Side Water Treatment Plant - 55000.00. This includes all charges related to the filming on October 7th 2015 for Furlined Films. Time Line: • 5:00 AM - Begin to arrive and set up • 7:00 AM- General crew call 8:00 AM- First shot - outside near water tank - man climbing the ladder and detail shots at main pumps Ideally be able to open and close some of the door panels and if possible turn one of the wheels. o Including but not limited to the images below: 9:00 AM to 1:00 PM - shoot near and around membrane filters and piping and then on lower level pipe gallery under the grating. o Including but not limited to the images below: 6 e 1:00 PM to 2:00 PM Lunch- to be served under pop-up tents on a grassy area to the north west of the plant. • 2:00 PM to 3:00 PM Pack up to move to next location • 3:00 PM to 5:00 PM clean up and restore