Loading...
HomeMy WebLinkAboutContract 45139 (2)FORT WORTH POLICE DEPARTMENT FORT WORTH POLIC ACAD HMV 1000 CALVERT S T REFT FORT WORTH, T CAS 76102 Facility Use Agreement Prepared on: November 15, 2013 Cb f cell _43 ,m)A COMACT This Agreement is made and entered into by and between the CITY OF FORT WORTH (the "City"), a home rule municipal corporation, acting by and through Charles Daniels, its duly authorized Assistant City Manager, and the Longhorn Council, Boy Scouts of America ("Licensee") by and tlu-ough Gabriela Montilva Pilonieta its duly authorized District Executive . 1. FACILITIES The Longhorn Council Boy Scouts of America (Licensee) has reserved the Fort Worth Police Training Academy, 1000 Calvert, Fort Worth, Texas 76102(Facilities) for the purpose of holding the 2013 Longhorn Council and FWPD Explorers Turkey Shoot Out. 2. TERM, The 2013 Longhorn Council and FWPD Explorers Turkey Shoot Out will begin no earlier than 7:00 a.m. NOVEM BER 16. 2013 and will end no later than 3:00 p.m. Licensee understands that any event preparation on the Facilities shall take place on or upon the date and times specified in this section. Any necessary clean-up must be complete no later than 5:00 p.m. 3. RESERVATION FEE a There will be no charge for rental of the space for the date and location indicated above in Section 1 and 2 of this Agreement. 4. WAIVER AND RELEASE: The City of Fort Worth Law Department has advised that if an admission fee is being charged to attend the event, or if non -city employees are attending the event (or city employees not functioning in their official capacity), the Licensee should request each individual sign a copy of the Waiver and Release (attached and incorporated within as Exhibit A). The Licensee will provide copies of the signed waivers to City upon conclusion of the event by giving copies to the Captain over the Fort Worth Police Department Training Academy. 5. ALCOHOL RIGHTS The Licensee may not sell or dispense beer, wine or any alcoholic beverages. 6. CARE OF FACILITIES (a) Licensee shall keep and maintain all the Facilities, equipment and other properties in a safe, sanitary, sightly condition and in good repair. (b) Licensee will not do or permit to be done any injury or damage to any buildings or part thereof, or permit to be done anything which will damage or change the finish or appearance of the Facilities or the furnishings thereof or any other property by the erection or removal of equipment or any other improvements, alterations or additions. No decorative or other materials shall be nailed, tacked, screwed or otherwise physically attached to any part of the Facilities or to any of the furnishings or fixtures without the written consent of the Captain over the Fort Worth Police Department Training Academy. (c) Subject to ordinary wear and tear, Licensee will pay the costs of repairing (to its condition immediately preceding the occurrence of such damage) any damage which may be done to the Facilities or any of the fixtures, Facility Use Agreement Longhorn Council of Boys Scouts of America and City of Fort Worth oFFiciatcURII CITY SECRETARY FT. WORflfl, �l � DECEIVED 1\ov 1 2013 furniture or furnishings by any act of Licensee or any of the employees, or anyone visiting the Facilities upon the invitation of the Licensee including the patrons of the attraction or function for which Licensee hereby is leasing the Facilities 7. PROPERTY LOSS The Police Department assumes no responsibility for any property placed in said buildings or any part thereof by the Licensee or any employee of the Licensee. 8. ELECTRICAL CODES It is understood that the adopted National Electrical Code is strictly enforced to ensure the facility users are not exposed to electrical hazards. If extension cords are used, Ground Fault Circuit Interrupter (GFCI) Protection is required. These cords have a test and a reset button and have the words "GFCI protected" printed on the cord. All 120 volt extension cords shall be three -wire grounding type cords Extension cords may not be placed through doorways Frayed or damaged cords may not be used. 9. FLAMMABLE MATERIALS No flammable materials, such as bunting, tissue paper, crepe paper, etc., will be permitted to be used for decorations and all materials used for decorative purposes must be treated with flame -proofing and approved by the City of Fort Worth Fire Department. The Licensee shall not operate or place any engine or motor or machinery on the premises or use oils, burning fluids, kerosene, naptha or gasoline or any other flammable chemical for either mechanical or other purposes or any agent other than electricty for illuminating the premises without the written consent of the Fire Marshal. 10. SEATING CAPACITY Licensee will not allow more occupancy than the seating capacity of the Facilities. 11. EMERGENCY PERSONNEL If required, Licensee shall be responsible, at its own cost and expense, to provide such emergency medical services as deemed necessary for its event as prescribed by the Police Chief or his designee. 12. SECURITY PERSONNEL If required, Licensee shall pay for security personnel in such number and manner as prescribed by the Police Chief or his designee. 13. FIRE MARSHAL If required, Licensee shall be responsible, at its own cost and expense, to provide such fire marshal services as deemed necessary for its event as determined by the Fort Worth Fire Marshal or his/her designee. The costs must be paid directly to the fire marshal personnel. 14. NON-SMOKING FACILITY The Facility is a NON-SMOKING FACILITY. 15. OBSTRUCTIONS Sidewalks, entries, passage vestibules, halls, elevators or access ways to public utilities of the premises shall not be obstructed or caused to be obstructed, or caused or permitted to be used for any purposee other than ingress or egrees to and from the Facility. The doors, skylights stairways or openings that reflect or admit light into any portion of the building shall not be obstructed. 16. AMERICANS WITH DISABILITIES ACT (ADA) FACILITY USERS SHALL NOT MOVE OR INTERFERE IN ANY WAY WITH ACCESSIBIILITY TO ADA FACILITIES SUCH AS, BUT NOT LIMITED TO, WHEELCHAIR SEATING. 17. INDEMNIFICATION General Indemnification. Licensee covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims, causes of action or suits, including but not limited to, Workers' Compensation Act liability, lost profits, property damage, and personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of the use and occupation of the facilities by Licensee. 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 Facility Use Agreement Page 2 of 3 Longhorn Council of Boys Scouts of America and City of Fort Worth 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 ACT, OMISSION, OR CONDITION WHATSOEVER OF THE CITY OR ITS PROPERTY. 18. INSURANCE Prior to the time Licensee is entitled to any right of access to or use of the Facilities, Licensee shall show evidence of the following insurance written by a company approved by the State of Texas and acceptable to City. The insurance shall be evidenced by delivery to City of executed certificates of insurance and/or certified copies of policies as determined by City. Licensee covenants and agrees to obtain and keep in force during the term of this Agreement, Commercial General Liability Insurance in an amount not less than One Million Dollars ($1,000,000.00). All insurance policies shall include the following: 1) The term of insurance is for the duration of the event, which includes the period from the right of access to set-up through the period allowed for removal of property; 2) The City of Fort Worth shall be endorsed as an "Additional Insured" to the policy. 3) Certificates of Insurance shall be delivered by email to Ava.Ealv(WFortworthtexas.aov or by fax at 817-392-4246. The City may terminate this Agreement immediately upon the failure of the Licensee to provide acceptable documentation of insurance as required by this Agreement. I have read and understand the above information regarding the usage of the Fort Worth Police Training Academy located at 1000 Calvert, Fort Worth, Texas 76102. CITY OF FORT WORTH: By: Ch les W. Daniels Assi tan# City Manager Date: 1(. !S • 13 • LONGHORNpOUNCIL OF BOYS SCOUTS O 7 AMERICA By: \itt Gabriel:ntilva Pilonieta District Exesutive Date: 1 I 1) 5/ i 3 s APPRO s R By: Jeffrey W. Hal Chief of Police Date: OM e/. r APPROVED AS TO FORM AND LFGALI*'Y: By: Jessica Sangs anb Assistant Cit ttorney AiiET: (7) By: �i� -1 7Th 4-14- ie Matt J. Kayser City Secretary M&C: N/A Facility Use Agreement Longhorn Council of Boys Scouts of America and City of Fort Worth oFF (l©(1[pit RECORD Cn ifn SECRETARY WORTH, TX Tra 3of 3 Exhibit A FORT WORTH POLICE DEPARTMENT WAIVER AND RELEASE WHEREAS, I, (parent's/guardian's name). desire to allow (child's name) to use the City of Fort Worth's equipment and agree to participate in certain activities. The equipment and activities are listed below that I have requested permission to do so; and WHEREAS, the City of Fort Worth, Texas, through its duly authorized representative, has advised me that use of the below listed equipment and activities may be dangerous; NOW, THEREFORE, in consideration of the City of Fort Worth's allowing (child's name) to use and/or participate in the below listed items, 1, (parent's/guardian's name), make the following representations and agree to the following: 1. I am the parent/guardian of (child's name). a minor; I am of sound mind and am, in all things, competent to enter into this agreement; 2. I, my heirs and assigns, do hereby FOREVFR RELEASE AND WAIVE all claims against the City of Fort Worth, its officers, agents and employees for iniuiies or damages to (child's name) which may arise from his/her participation with the Fort Worth Police Department on (date) ; 3. I understand that use of the City of Fort Worth's following equipment and activities may be dangerous and can result in injury, death or property damage: 4. I promise that (child's name) is covered by a policy of health insurance sufficient to pay any and all medical bills and related expenses incurred as a result of any injury suffered by (child's name) in connection with my use of the City of Fort Worth's above listed equipment and events. To the extent that any such health insurance policy has a deductible or co -pay, I promise to pay that deductible or co -pay myself and will not look to the City of Fort Worth or any person or entity connected with, or in privity with, the City of Fort Worth for payment of such deductible or co -pay. If any such health insurance company should ever assert a FORT WORTH POLICE DEPARTMENT WAIVER AND RELEASE 1 claim against the City of Fort Worth for subrogation, I promise to indemnify, protect and defend the City of Fort Worth against any such claim, 5. For the consideration mentioned above, I do hereby release, acquit and forever discharge the City of Fort Worth of and from any and all claims, rights and causes of action which I, my representatives, heirs, estate, successors and assigns may ever have or claim as a result of any injury, death, property damage or other damage suffered h) (child's name) as a result of use of the City of Fort Worth's above listed equipment and activities. IT IS MY INTENTION THAT THE TERMS OF THIS DOCUMENT SHALL APPLY EVEN IF SUCH INJURY, DEATH OR PROPERTY DAMAGE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL ACT OF THE CITY OF FORT WORTH OR ITS EMPLOYEES AGENTS, OFFICERS, OFFICIALS, VOLUNTEERS, CONTRACTORS OR OTHER PERSONS CONNECTED WITH, OR IN PRIVITY WITH, THE CITY OF FORT WORTH. 6. For the consideration mentioned above, I promise to indemnify, protect and defend the City of Fort Worth, its employees, agents officers, officials, volunteers, contractors or other persons connected with, or in privity with, the City of Fort Worth against any claim ever asserted by any third person arising out of the injury, death or property damage allegedly suffered by such third person as a result of 's (child's name) use of the City of Fort Worth's listed items in section (3) three. IT IS MY INTENTION THAT THE TERMS OF THIS DOCUMENT SHALL APPLY EVEN IF THE INJURY, DEATH OR PROPERTY DAMAGE ALLEGEDLY SUFFERED BY SUCH THIRD PERSON IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE GROSS NEGLIGENCE OR INTENTIONAL ACT OF THE CITY OF FORT WORTH, ITS EMPLOYEES, AGENTS, OFFICERS OFFICIALS, VOLUNTEERS, CONTRACTORS OR OTHER PERSONS CONNECTED WITH, OR IN PRIVITY WITH, THE CITY OF FORT WORTH. 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 waiver. SIGNED this day of , 20 . FORT WORTH POLICE DEPARTMENT WAIVER AND RELEASE 2 Signature of Parent/Guardian ponied Name FORT WORTH POLICE DEPARTMENT WAIVER AND RELEASE WHEREAS, I, desire to use the City of Fort Worth s equipment and agree to participate in certain activities. The equipment and activities are listed below that I have requested permission to do so; and WHEREAS, the City of Fort Worth, Texas, through its duly authorized representative, has advised me that use of the below listed equipment and activities may be dangerous; NOW, THEREFORE, in consideration of the City of Fort Worth's allowing me to use and/or participate in the below listed items, I, make the following representations and agree to the following: 1. I am 18 years of age or older, am of sound mind and am, in all things, competent to enter into this agreement; 2. I, my heirs and assigns, do hereby FOREVER RELEASE AND WAIVE all claims against the City of Fort Worth, its officers, agents and employees for injuries or damages to me which may arise from my participation with the Fort Worth Police Department on (date) 3. I understand that use of the City of Fort Worth's following equipment and activities may be dangerous and can result in injury, death or property damage: 4. I promise that I am covered by a policy of health insurance sufficient to pay any and all medical bills and related expenses incurred by me as a result of any injury suffered by me in connection with my use of the City of Fort Worth's above listed equipment and events. To the extent that any such health insurance policy has a deductible or co -pay, I promise to pay that deductible or co -pay myself and will not look to the City of Fort Worth or any person or entity connected with, or in privity with, the City of Fort Worth for payment of such deductible or co -pay. If any such health insurance company should ever assert a claim against the City of Fort Worth for subrogation, I promise to indemnify, protect and defend the City of Fort Worth against any such claim; FORT WORTH POLICE DEPARTMENT 1 WAIVER AND RELEASE 5. For the consideration mentioned above, I do hereby release, acquit and forever discharge the City of Fort Worth of and from any and all claims, rights and causes of action which I, my representatives, heirs, estate, successors and assigns may ever have or claim as a result of any injury, death, property damage or other damage suffered by me as a result of my use of the City of Fort Worth's above listed equipment and activities. IT IS MY INTENTION THAT THE TERMS OF THIS DOCUMENT SHALL APPLY EVEN IF SUCH INJURY, DEATH OR PROPERTY DAMAGE IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, GROSS NEGLIGENCE, OR INTENTIONAL ACT OF THE CITY OF FORT WORTH OR ITS EMPLOYEES, AGENTS, OFFICERS, OFFICIALS, VOLUNTEERS, CONTRACTORS OR OTHER PERSONS CONNECTED WITH, OR IN PRIVITY WITH, THE CITY OF FORT WORTH. 6. For the consideration mentioned above, I promise to indemnify, protect and defend the City of Fort Worth, its employees, agents, officers, officials, volunteers, contractor s or other persons connected with, or in privity with, the City of Fort Worth against any claim ever asserted by any third person arising out of the injury, death or property damage allegedly suffered by such third person as a result of my use of the City of Fort Worth's listed items in section (3) three. IT IS MY INTENTION THAT THE TERMS OF THIS DOCUMENT SHALL APPLY EVEN IF THE INJURY, DEATH OR PROPERTY DAMAGE ALLEGEDLY SUFFERED BY SUCH THIRD PERSON IS CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL ACT OF THE CITY OF FORT WORTH, ITS EMPLOYEES, AGENTS, OFFICERS, OFFICIALS, VOLUNTEERS, CONTRACTORS OR OTHER PERSONS CONNECTED WITH, OR IN PRIVITY WITH, THE CITY OF FORT WORTH. 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 waiver. SIGNED this day of FORT WORTH POLICE DEPARTMENT WAIVER AND RELEASE 20 2 Signature of Participant Printed Name