HomeMy WebLinkAboutContract 55858CSC N o. 55858
LICENSE AGREEMENT
BETWEEN THE CITY OF FORT WORTH AND FORT WORTH DROWNING PREVENTION
COALIATION
THIS LICENSE AGREEMENT ("License Agreement") is made and entered into by and
between the CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas, acting
by and through its duly authorized Assistant City Manager ("City") and FORT WORTH
DROWNING PREVENTION COALIATION, a Texas non-profit corporation, acting by and through
its duly authorized representative �`Licensee").
WHEREAS, the City owns and operates Forest Park Swimming Pool,located at 2850 Park Place
Avenue, Fort Worth, TX 76110 and Marine Creek Swimming Pool ("Pools") located at 303 NW 20th
Street, Fort Worth, TX 76164;
WHEREAS, Licensee's mission is to prevent fatal and non-fatal drownings in the Fort Worth
area and beyond;
WHEREAS, to carry out its mission, Licensee wishes to license the swimming pools to hold
safe swimming and drowning prevention events; and
NOW THEREFORE, in consideration of the covenants and agreements contained in this
License Agreement, City and Licensee hereby agree asfollows:
SECTION 1
LICENSED PREMISES
1.1 Licensed Premises. For and in consideration of the License Fees to be paid under this
License Agreement and the agreements of the parties expressed herein, City does hereby grant to
Licensee the use of Forest Park Pool as set forth in greater detail in Exhibit A, which is attached hereto and
incorporated herein ("Premises").
1.2 Condition of the Premises. Licensee agrees that Licensee has examined the Premises
prior to the execution of this License Agreement and is satisfied with the physical condition of the
Premises. Licensee's taking possession of the Premises shall be conclusive evidence of its receipt of the
Premises in a safe, sanitary, and good condition and repair. LICENSEE AGREES THAT IT IS
TAKING THE PREMISES IN ITS CURRENT "AS IS" CONDITION WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY NATURE WHATSOEVER BY CITY.
Licensee assumes the risk of injury to Licensee and Program Participants for use of space within the
Community Center for Licensee's Program. City makes not warranty that the Premises are suitable for
Licensees intended use or Program. City will not provide fitness equipment, cones, lighting, or any other
equipment for the Premises.
1.3 Any modifications to the Premises must be approved by the City and set forth in a written
amendment to this License Agreement.
SECTION 2
USE OF THE LICENSED PREMISES
2.1 Licensee may use the Premises for the purpose of teaching swimming lessons (the
"Program") and for no other purpose.
2.2 Licensee shall have non-exclusive rights to use the Premises within the normal
OFFICIAL RECORD
FORT WORTH DROWNING PREVENTION COALITION
LICENSEAGREEMENT CITY SECRETARY
FT. WORTH, TX
operational hours in accordance with the schedule set forth in Exhibit B. All activities related to
Licensee's use must be completed within the time periods set forth in the schedule in Exhibit B,
including, but not limited to, set-up and clean-up. If Licensee, for any reason, holds over beyond the
scheduled times set forth in Exhibit B, the City, reserves the right, in its sole discretion, to remove
Licensee from the Premises or charge Licensee a fee for use of the Premises for the time period beyond
that which the Premises is reserved. Any additional fee will be commensurate with that charged to other
patrons of the Premises using the same space for the same amount of time and shall be paid along with
the Licensee Fee in accordance with Section 4below.
2.3 Either party may request a temporary modification of the schedule set forth in Exhibit B
with ten (10) days' priar written notice, but no such change will take effect without the prior written
consent of both parties. Any permanent revisions to the schedule set forth in Exhibit B will require an
amendment to this License Agreement.
2.4 The Premises will be unavailable for use by the Licensee pursuant to this License
Agreement on all regular City holidays. Except due to emergency circumstances or Force Majeure
Events, City agrees to notify Licensee of any change in the hours of operation of the Premises by
providing Licensee with written notice, within a reasonable time prior to the change taking effect. City
agrees to provide similar notice to Licensee should the Premises not be available to the Licensee due to
special events, scheduled maintenance or other non-emergency closures. In the event of a change in hours
or availability, such change shall not give rise to any claim against the City by the Licensee, whether far
lost profits, cost, overhead, or otherwise.
2.5 Licensee may bring into the Premises any equipment reasonably necessary to further the
intended use of the Premises. However, the City reserves the right to prohibit any equipment which, in
the City's sole discretion, may be dangerous or harmful to Program Participants or thePremises.
2.6 Licensee may not use any part of the Premises for any use or purpose that violates any
applicable law, regulation, or ordinance of the United States, the State of Texas, the County of Tarrant,
or the City of Fort Worth, or other lawful authority with jurisdiction of thePremises.
2.7 Licensee understands and agrees that the parking areas are not for the exclusive use of
the Licensee and that the City and patrons of the Community Center may use the parking spaces at any
time.
2.8 This License Agreement and a11 rights granted to Licensee herein are strictly non-
exclusive. The City reserves the right to enter into and grant other and future licenses, leases, and other
authorizations for use of the Premises to other persons and entities as the City deems appropriate in
accordance with applicable law; provided, however, that in granting subsequent authorization for use,
the City will not allow a use that will unreasonably interfere with the Licensee's use of the Premises as
provided herein. This License Agreement does not establish any priority for the use of the Premises by
the Licensee or by any present or future licensees. In the event of any dispute as to the priority of use of
the Premises, the first priority shall be to the public generally, the second priority to the City in the
performance of its various functions, and thereafter, as between licensees, as determined by the City in
the exercise of its powers, including the police power and other powers reserved to and conferred on it
by the State of Texas.
FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT PAGE 2 OF 21
SECTION 3
TERM OF LICENSE
3.1 Term. Unless terminated earlier pursuant to the terms herein, the term of this License
Agreement shall be effective beginning on June 4, 2021 and expire on June 3, 2022. This agreement may
be renewed for two successive one-year terms upon mutual written agreement of the Parties (each a
"Renewal Term").
3.2 Holdover Tenancv. Unless terminated earlier pursuant the terms herein, this License
Agreement will expire without further notice when the Term expires. Any holding over by Licensee after
the Term expires will not constitute a renewal of the License Agreement or give Licensee any rights
under the License Agreement in ar to the Premises, except as a tenant atwill.
SECTION 4
LICENSE FEE
4.1 City and Licensee expressly agree and stipulate that this Agreement is based on valuable
consideration and an exchange of promises that will be independently beneficial to both parties.
Specifically, Licensee agrees that the City will provide a beneiit to Licensee by providing the use of the
Pools at no charge to Licensee and by furthering Licensee's mission of drowning prevention. Licensee has
accepted this as valuable consideration for its performance of the Services of this Agreement. Additionally,
City agrees that the Licensee's services will provide a beneiit to City by providing citizens with safe swim
programs. The City has accepted the many positive impacts of these safe swim programs as valuable
consideration. Both parties agree as a condition precedent to executing this agreement that the
consideration is valuable and sufficient and that neither party shall be able to assert otherwise in the event
of litigation. Nothing herein shall constitute an obligation of Ciry funds. City shall not owe any amount of
money for any reason whatsoever to the Licensee for services rendered in connection with this Agreement.
City shall not be liable nor owe any payment, fee, cost, penalty, or money for any other reason whatsoever
to Licensee.
SECTION 5
DUTIES AND RESPONSIBILITIES
5.1 In addition to any other duties and responsibilities set forth in this License Agreement,
Licensee shall:
511 Ensure that the Licensee's use of the Premises complies with any and all
policies, rules, and regulations governing the use of the Premises. The City will provide a
copy of any such policies, rules, and regulations within a reasonable time after request by
the Licensee.
5.1.2 Not occupy the Premises beyond the times listed in ExhibitB.
5.1.3 Provide notification of changes to Licensee's use of the Premises, including
cancellation but excluding Force Majeure Events, to the City no less than 24 hours prior to
the scheduled start time, according to Exhibit B. In case of Force Majeure Events, the
Licensee must notify the Director promptly upon learning of such Force Maj eure Events.
5.1.4 Immediately report any maintenance or repair needs to the City staff present on
the Premises.
5.1.5 Require that each Program participant sign the Individual Waiver, Release, and
Indemnity Agreement, attached hereto as Exhibit D.
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LICENSE AGREEMENT PAGE 3 OF 21
5.1.6 Be solely responsible for initiating, maintaining, and supervising a11 safety
precautions and programs in connection with Licensee's use of the Premises, including,
but not limited to, ensuring that at least one certified swim instructar is present at alltimes.
5.1.10 Designate a point of contact for Program administration and reporting
requirements ("Program Point of Contact"). The initial Program Point of Contact shall
be:
FORT WORTH DROWNING PREVENTION COALITION
Chelsea Miller, Executive Director
PO Box 11813
Fort Worth, Texas 76110
Phone: 803-968-2942
Email: swimsafefw(a��gmail.com
5.1.11 Address complaints related to the Program with 24 hours of notiiication bythe
City.
5.2 The City shall:
5.21 Furnish existing utilities available at the Premises, if such utilities exist, at all
times, for the ordinary and intended use of such, which may include lighting and water
for ordinary and intended use. If electrical power is needed, Licensee will be charged by
the City for the additional cost in accordance with the City's standard reservation cost
for electrical power.
5.2.2 Ensure the Premises is suitable for its intendedpurpose.
5.2.3 Provide staff to lock and unlock the Center and arm and disarm any security
system.
5.2.4 Ensure that a City employee is present at the Premises at all times during
Licensee's use.
5.2.5 Designate a City employee to serve as the point of contact for Program
administration and reporting requirements ("City Point of Contact"). The initial
City Point of Contact shallbe:
Cory M. Stuhmer, Athletic Coardinatar
Park & Recreation Department
4200 S. Freeway, Suite 2200
Fort Worth, Texas 76115
Office: (817) 392-8201
Email: cory.stuhmer(a�fortworthtexas.�
5.2.6 As soon as is reasonably practical, notify Licensee, through its Program Point
of Contact, of any closure of the Premises.
5.2.7 Notify Licensee, through its Program Point of Contact, of all complaints
received related to the Program.
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LICENSE AGREEMENT PAGE 4 OF 21
SECTION 6
LIENS
61 Licensee acknowledges that it has no authority to engage in any act or to make any
contract that may create ar be the foundation for any lien upon the property ar interest in the property of
City. If any such purported lien is created or fled, Licensee will not permit it to remain, and will, at its
cost and expense, promptly discharge, all liens, encumbrances, and charges upon the Premises or a part
thereof, arising out of the use or occupancy of the Premises or a part thereof by Licensee, by reason of
any labor or materials furnished ar claimed to have been furnished, by, through, ar under Licensee, by
reason of any construction, improvement, alteration, addition, repair, or demolition of any part of the
Premises. Licensee's failure to discharge any such purported lien shall constitute a breach of this License
Agreement and City may terminate this License Agreement upon thirty (30) days written notice.
However, Licensee's financial obligation to City to liquidate and discharge such lien shall survive
following termination of this License Agreement and until such a time as the lien is discharged.
SECTION 7
CARE OF THE LICENSED PREMISES
7.1 Licensee, at Licensee's own expense, shall keep the Premises and maintain all equipment
and other properties of City in a safe, sanitary, sightly condition and in good repair during its use of the
Premises; provided, however, the foregoing shall not be construed to require the Licensee to provide
general janitorial services at the Premises. Licensee shall restore and yield said Premises, equipment,
and all other properties belonging to the City back to City, at the expiration of each scheduled time set forth
in Exhibit B, in good or better condition as they existed at the beginning of each scheduled time set forth
in Exhibit B and in which Licensee found them. This shall only apply during such time as the Licensee
has use of the Premises as set forth in this License Agreement.
7.2 Licensee will not do, or permit to be done, any injury or damage to the Premises, or any
parts thereof, or permit to be done anything that will damage or change the finish or appearance of the
Premises or the furnishings thereof or any other property belonging to the City 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 Premises or to any of the
furnishings or fixtures of the City without the prior written consent of theDirector.
7.3 Subject to ordinary wear and tear and to the extent allowed by law, Licensee will pay
the costs of repairing any damage that may be done to the Premises or any of the fixtures, furniture or
furnishings by any act of Licensee or any of Licensee's officers, representatives, servants, employees,
agents, invitees, Program Participants, ar anyone visiting the Premises upon the invitation of the
Licensee. The City shall determine, in its reasonable discretion, whether any damage has occurred, the
amount of the damage, the reasonable costs of repairing the damage, and whether, under the terms of the
License Agreement, the Licensee is responsible. The quality of the maintenance of the Premises,
furnishings, fixtures or furniture by the Licensee shall be reasonably acceptable to the City. The costs of
repairing any damage to the Premises sha11 be immediately due and payable by the Licensee upon
Licensee's receipt of a written invoice from City.
SECTION 8
FORCE MAJEURE
8.1 If either party is unable, either in whole or part, to fulfill its obligations under this License
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies;
wars; blockades; insurrections; riots; pandemics and epidemics; public health crises; earthquakes; fres;
floods; restraints or prohibitions by any court, board, department, commission, or agency of the United
FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT PAGE 5 OF 21
States or of any state; declaration of a state of disaster or emergency by the federal, state, county, or City
government in accordance with applicable law; issuance of an Imminent Threat Alert ar Elevated Threat
Alert by the United States Department of Homeland Security or any equivalent alert system that may be
instituted by any agency of the United States; any arrests and restraints; civil disturbances; or explosions;
ar some other reason beyond the party's reasonable control (collectively, "Force Majeure Event"), the
obligations so affected by such Force Majeure Event will be suspended only during the continuance of
such Force Majeure Event. If a Force Majeure Event occurs, the City may, in its sole discretion, close or
postpone the opening of its community centers, parks, or other City-owned and operated properties and
facilities in the interest of public safety and operate them as the Ciry sees fit. Licensee hereby waives any
claims it may have against the City for damages resulting from any such Force Majeure Event.
SECTION 9
LIABILITY AND INDEMNIFICATION
9.1 TO THE EXTENT ALLOWED BY LAW, LICENSEE SHALL BE LIABLE AND
RESPONSIBLE FOR ANY AND ALL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY OF ANY KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT
OF LICENSEE, OR ITS DIRECTORS, OFFICERS, REPRESENTATIVES, AGENTS,
SERVANTS, CONTRACTORS, EMPLOYEES, PATRONS, GUESTS, INVITEES, PROGRAM
PARTICIPANTS, OR SUBLICENSEES. LICENSEE HEREBY EXPRESSLY RELEASES AND
DISCHARGES CITY FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, INCLUDING,
BUT NOT LIMITED TO, PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY
ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE
OCCUPANCY AND USE OF THE PREMISES AND ANY AND ALL ACTIVITIES
CONDUCTED THEREON SUSTAINED BY REASONS OF THE OCCUPANCY OF SAID
PREMISES UNDER THIS LICENSE AGREEMENT.
9.2 INDEMNIFICATION — LICENSEE, AT NO COST TO THE CITY, AGREES TO
AND DOES HEREBY DEFEND, INDEMNIFY, PROTECT, AND HOLD HARMLESS CITY
AND CITY'S OFFICERS, REPRESENTATIVES, AGENTS EMPLOYEES, AND SERVANTS
(COLLECTIVELY, "INDEMNITEES") FOR, FROM AND AGAINST ANY AND ALL CLAIMS,
LIABILITIES, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION, SUITS, JUDGMENTS
AND EXPENSES (INCLUDING, BUT NOT LIMITED TO, COURT COSTS, ATTORNEYS'
FEES AND COSTS OF INVESTIGATION), OF ANY NATURE, KIND OR DESCRIPTION
ARISING OR ALLEGED TO ARISE BY REASON OF INJURY TO OR DEATH OF ANY
PERSON OR DAMAGE TO OR LOSS OF PROPERTY (1) RELATING TO THE USE OR
OCCUPANCY OF THE PREMISES BY LICENSEE OR ANY OF ITS OFFICERS,
REPRESENTATIVES, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, PATRONS,
GUESTS, SUBLICENSEES, PROGRAM PARTICIPANTS, OR INVITEES; (2) BY REASON OF
ANY OTHER CLAIM WHATSOEVER OF ANY PERSON OR PARTY OCCASIONED OR
ALLEGED TO BE OCCASIONED IN WHOLE OR IN PART BY ANY ACT OR OMISSION
ON THE PART OF LICENSEE OR ANY OF ITS OFFICERS, REPRESENTATIVES, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, PATRONS, GUESTS, SUBLICENSEES,
PROGRAM PARTICIPANTS, OR INVITEES OR OF ANY OTHER PERSON ENTERING
UPON THE PREMISES WITH THE EXPRESS OR IMPLIED INVITATION OR PERMISSION
OF LICENSEE; OR (3) BY ANY BREACH, VIOLATION OR NONPERFORMANCE OF ANY
COVENANT OF LICENSEE UNDER THIS LICENSE AGREEMENT (COLLECTIVELY,
"LIABILITIES"), EVEN IF SUCH LIABILITIES ARISE FROM OR ARE ATTRIBUATABLE
TO ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT,
FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT PAGE 6 OF 21
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.
9.3 If any action or proceeding shall be brought by or against the City in connection with
any such liability or claim, Licensee, on notice from City, shall defend such action or proceeding at
Licensee's expense, by or through attorneys reasonably satisfactory to City.
9.4 It is agreed with respect to any legallimitations now or hereafter in effect and affecting
the validity or enforceability of the indemnification obligations under this Section, such legal limitations
are made a part of the indemnification obligation and shall operate to amend the indemnification
obligation to the minimum extent necessary to bring the provision into conformity with the requirements
of such limitations, and as so modified, the indemnification obligation shall continue in full force and
effect.
9.5 Licensee agrees to notify City promptly upon the receipt of any claim or lawsuit brought in
connection with any injury, death, or damages on the Premises. Licensee agrees to make its offcers,
representatives, agents, and employees available to City, at all reasonable times, for any statements and
case preparation necessary for the defense of any claims or litigation for which City may be responsible
hereunder. Licensee shall place language in its contracts with contractors and subcontractors that
contractors sha11 notify City as required by Licensee in this subsection.
9.6 Licensee shall require all of its subcontractors to include in their subcontracts liability and
indemnification language in favor of the City in substantially the same form asabove.
SECTION 10
AUDIT
10.1 Licensee agrees that the City shall, until the expiration of three (3) years after the
termination or expiration of this License Agreement, have access to and the right to examine any directly
pertinent books, documents, papers, and records of Licensee involving transactions relating to this
License Agreement. Licensee agrees that the City shall have access during normal working hours to all
necessary Licensee facilities and shall be provided adequate and appropriate workspace in order to
conduct audits in compliance with the provisions of this section. City shall give Licensee reasonable
advance notice of intended audits.
10.2 Licensee further agrees to include in any contractor and subcontractor agreements
hereunder a provision to the effect that the contractor and subcontractors agree that the City shall, until
the expiration of three (3) years after the expiration or termination of the contract or subcontract, have
access to and the right to examine any directly pertinent books, documents, papers, and records of such
contractor ar subcontractar involving transactions of the contract ar subcontract, and further that City
shall have access during normal working hours to all contractor and subcontractor facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this paragraph. City shall give the contractar and subcontractor reasonable advance notice
of intended audits.
SECTION 11
CHARITABLE IMMUNITY
11.1 Licensee agrees that if it is a charitable organization, corporations, entity or individual
enterprise having, claiming or entitled to any immunity, exemption (statutory or otherwise) or limitation
from and against liability for damage or injury to property or persons under the provisions of the Charitable
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LICENSE AGREEMENT PAGE 7 OF 21
Immunity and Liability Act of 1987, C.P. R.C., § 84.001 et seq., or other applicable law, that Licensee hereby
expressly waives its right to assert or plead defensively any such immunity or limitation of liability as against
Ciry. Copy of the documentation stating this organization's status is due annually to the address specified
for Park & Recreation Department in notice provision of this License Agreement.
SECTION 12
TERMINATION
121 This License Agreement may be terminated without cause by the Licensee upon thirty
(30) days' written notice of such intent to terminate being delivered to the City. This License Agreement
may be terminated without cause by City immediately upon written notice to Licensee of such intent to
terminate.
12.2 Gratuities. City may terminate this License Agreement if it is found that gratuities in the
form of entertainment, gifts or otherwise were offered or given by Licensee or any agent or representative
to any City official or employee with a view toward securing favorable treatment with respect to the
awarding, amending, or making of any determinations with respect to the perfarmance of this License
Agreement. In the event this License Agreement is canceled by the City pursuant to this section, City
shall be entitled, in addition to any other rights and remedies, to recover from Licensee a sum equal in
amount to the cost incurred by Licensee in providing such gratuities.
12.3 Fiscal Funding Out. Notwithstanding anything to the contrary, if, for any reason, atany
time during the term of the License Agreement, the Fort Worth City Council fails to appropriate funds
sufficient for the City to fulfill its obligations under this License Agreement, the City may terminatethe
portion of the License Agreement regarding such obligations to be effective on the last of (i) ninety (90)
calendar days following delivery by the City to Licensee of written notice of the City's intention to
terminate; or (ii) the last date for which funding has been appropriated by the Fort Worth City Council
for the purposes set forth in this License Agreement.
12.4 Licensee's Duties Upon Expiration or Termination.
12.4.1 Prior to the effective date for expiration or termination of this License
Agreement, Licensee shall promptly remove a11 of its personal property; provided,
however, Licensee shall not be obligated to remove any fixtures. Licensee shall also
repair any Licensee-caused damage to the Premises, including, but not limited to, any
damage that Licensee causes during removal of Licensee's property, to the reasonable
satisfaction of the Director.
12.4.2 If Licensee fails to comply with its obligations in this Section, City may, at its
sole discretion, (i) remove Licensee's personal property and otherwise repair the
Premises and invoice Licensee for City's costs and expenses incurred, such invoice to
be due and payable to City within thirty (30) calendar days of its delivery to Licensee;
or (ii) following no less than thirty (30) calendar days prior written notice to Licensee,
take and hold any Licensee personal property as City's sole property; or (iii) pursue any
remedy at law or in equity available to City. If Licensee fails to surrender the Premises
to City following termination or expiration, all liabilities and obligations of Licensee
hereunder shall continue in effect until such is surrendered.
12.4.3 Upon termination, all funds owed to the City shall be due and payable by the
tenth (lOth) calendar day after the effective date of termination, unless stated otherwise
in this License Agreement.
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LICENSE AGREEMENT PAGE 8 OF 21
12.5 Other Remedies. Any termination of this License Agreement as provided in this License
Agreement will not relieve Licensee from paying any sum or sums due and payable to City under this
License Agreement that remains unpaid and due at the time of termination, or any claim for damages then
or previously accruing against Licensee under this License Agreement. Any such termination will not
prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy
provided for by law, or from recovering damages from Licensee for any default under the License
Agreement. All City's rights, options, and remedies under this License Agreement will be construed to be
cumulative, and not one of them is exclusive of the other. City may pursue any or all such remedies or any
other remedy or relief provided by law, whether or not stated in this License Agreement. No such
termination shall relieve City from any obligation it may have to Licensee hereunder and City maypursue
any and all rights and remedies or relief provided by law, whether ar not stated in this License Agreement.
SECTION 13
RIGHT OF ENTRY AND INSPECTION
13.1 In licensing the Premises, City does not relinquish the right to control the managementof the
Premises, or the right to enforce all necessary and proper rules for the management and operation of the
same. After receiving notice sent by City at least 24 hours in advance, Licensee must permit City or its
agents, representatives, or employees to enter the Premises for the purposes of inspection; determining
whether Licensee is complying with this License Agreement; maintaining, repairing, or altering the
Premises; or any other reasonable purpose. During any inspection, City may perform any obligations that
City is authorized or required to perform under the terms of this License Agreement or pursuant to its
governmental duties under federal state or local laws, rules or regulations. In the event of an emergency, no
advance notice from City isrequired.
SECTION 14
LICENSES AND PERMITS
14. 1 Licensee shall, at its sole expense, obtain and keep in effect all licenses and permits
necessary for its operations.
SECTION 15
NOTICES
151 All notices required or permitted under this License Agreement, except for notifications
required to be given to a City Point of Contact or Program Point of Contact, may be given to a party by
receipted overnight courier (such as Federal Express or UPS) or by United States certified mail, return
receipt requested, addressed to such party at the address stated below or to such other address as one party
may from time-to-time notify the other in writing. Any notice so given shall be deemed to have been
received when deposited in the United States mail so addressed with postage prepaid:
CITY:
LICENSEE:
City of Fort Worth Fort Worth Drowning Prevention Coalition
Park & Recreation Director Chelsea Miller, Executive Director
4200 South Freeway, Suite 2200 PO Box 11813
Fort Worth, Texas 76115 Fort Worth, Texas 76110
With copies to:
City of Fort Worth
Attn: Assistant City Attorney and Assistant CityManager
200 Texas Street
Fort Worth, Texas 76102
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LICENSE AGREEMENT PAGE 9 OF 21
Or to such other address as such party may hereafter designate by notice in writing addressed and mailed
or delivered to the other partyhereto.
SECTION 16
NON-DISCRIMINATION
161 Licensee shall not engage in any unlawful discrimination based on race, creed, color,
national origin, sex, age, religion, disability, marital status, citizenship status, sexual orientation or any
other prohibited criteria, and Licensee represents and warrants that to the extent required by applicable
laws, it is an equal oppartunity employer and shall comply with all applicable laws and regulations in
any employment decisions.
16.2 In the event of Licensee noncompliance with the nondiscrimination clauses of this
License Agreement, which is not cured within ninety (90) calendar days of notice of such noncompliance,
this License Agreement may be canceled, terminated, or suspended in whole or in part, and Licensee
may be debarred from further agreements with City.
SECTION 17
VENUE AND CHOICE OF LAW
17.1 Licensee and City agree that this License Agreement shall be construed in accordance with
the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, arises on the basis
of any provision of this License Agreement, venue for such action shall lie in state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division.
SECTION 18
THIRD-PARTY RIGHTS AND ASSIGNMENTS
18.1 The provisions and conditions of this License Agreement are solely for the benefit of the
City and Licensee, and any lawful assign or successor of Licensee, and are not intended to create any rights,
contractual or otherwise, to any other person or entity.
18.2 Licensee agrees that it will not subcontract or assign all ar any part of its rights, privileges
or duties hereunder without the prior written consent of the City, and any attempted subcontract or
assignment of same without such prior consent of the City shall bevoid.
SECTION 19
BINDING COVENANTS
19.1 Subject to the limitations contained herein, the covenants, conditions and agreements
made and entered into by the parties hereunder are declared to be for the benefit of and binding on their
respective successors, representatives and permitted assigns, ifany.
SECTION 20
INDEPENDENT CONTRACTOR
20.1 It is expressly understood and agreed that Licensee and its employees, representatives,
agents, servants, officers, contractors, subcontractors, and volunteers shall operate as independent
contractors as to all rights and privileges and work performed under this License Agreement, and not as
agents, representatives or employees of the City. Subject to and in accordance with the conditions and
provisions of this License Agreement, Licensee shall have the exclusive right to control the details of its
operations and activities and be solely responsible for the acts and omissions of its employees,
FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT PAGE 10 OF 21
representatives, agents, servants, officers, contractors, subcontractors, and volunteers. Licensee
acknowledges that the doctrine of respondeat superior shall not apply as between the City and its officers,
representatives, agents, servants and employees, and Licensee and its employees, representatives, agents,
servants, officers, contractors, subcontractors, and volunteers. Licensee further agrees that nothing herein
shall be construed as the creation of a partnership or joint enterprise between City and Licensee. It is further
understood that the Ciry shall in no way be considered a Co-employer or a Joint employer of Licensee or
any employees, representatives, agents, servants, officers, contractors, subcontractors, and volunteers of
Licensee. Neither Licensee, nor any officers, agents, servants, employees or subcontractors of Licensee
shall be entitled to any employment benefits from the City. Licensee shall be responsible and liable for any
and all payment and reporting of taxes on behalf of itself, and any of employees, representatives, agents,
servants, officers, contractors, subcontractors, and volunteers.
SECTION 21
AMENDMENTS, CAPTIONS, AND INTERPRETATION
21.1 Except as otherwise provided in this License Agreement, the terms and provisions of this
License Agreement may not be modified or amended except upon the written consent of both the City and
Licensee.
21.2 Captions and headings used in this License Agreement are for reference purposes only and
shall not be deemed a part of this License Agreement.
21.3 In the event of any dispute over the meaning or application of any provision of this License
Agreement, this License Agreement shall be interpreted fairly and reasonably, and neither more strongly
for or against any party, regardless of the actual drafter of this LicenseAgreement.
SECTION 22
GOVERNMENTAL POWERS AND IMMUNITIES
22.1 It is understood that by execution of this License Agreement, the City and Licensee does
not waive or surrender any of its governmental powers or immunities.
SECTION 23
AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES
23.1 By executing this License Agreement, Licensee's agent affirms that he or she is authorized
by Licensee to execute this License Agreement and that all representations made herein with regard to
Licensee's identity, address, and legal status are true andcorrect.
23.2 This License Agreement may be executed in several counterparts, each of which will be
deemed an original, but all of which together will constitute one and the same instrument. A signature
received via facsimile or electronically via email shall be as legally binding for all purposes as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf fle or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
SECTION 24
SEVERABILITY AND NO WAIVER
24.1 It is agreed that in the event any covenant, condition or provision herein contained is held
to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision
shall in no way affect any other covenant, condition or provision does not materially prejudice either
Licensee or City in connection with the right and obligations contained in the valid covenants, conditions
FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT PAGE ll OF 21
or provisions of this License Agreement.
24.2 The failure of either party to insist upon the performance of any term or provision of this
License Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's
right to insist upon appropriate performance or to assert any such right on any future occasion.
SECTION 25
COMPLIANCE WITH LAWS
25.1 This License Agreement is subject to a11 applicable federal, state and local laws,
ordinances, rules and regulations, including, but not limited to, all provisions of the City's Charter and
ordinances, as amended.
25.2 If City notifies Licensee or any of its officers, agents, employees, contractors,
subcontractors, licensees, volunteers, ar invitees of any violation of such laws, ordinances, rules or
regulations, Licensee shall immediately desist from and correct the violation.
SECTION 26
SOLE AGREEMENT
26.1 This License Agreement, including any exhibits attached hereto and any documents
incorporated herein, contains the entire understanding and agreement between the City and Licensee, and
any lawful assign and successor of Licensee, as to the matters contained herein. Any prior or
contemporaneous oral ar written agreement is hereby declared null and void to the extent in conflict with
any provision of this LicenseAgreement.
SECTION 27
IMMIGRATION NATIONALITY ACT
27.1 Licensee must verify the identity and employment eligibility of its employees who perform
work under this Agreement, including completing the Employment Eligibility Verification Form (I-9).
Upon request by City, Licensee must provide City with copies of a11 I-9 forms and supporting eligibility
documentation for each employee who performs work under this Agreement. Licensee must adhere to all
Federal and State laws as well as establish appropriate procedures and controls so that no services will be
performed by any Licensee employee who is not legally eligible to perform such services. LICENSEE
MUST INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES,
LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY INSTRUCTOR,
INSTRUCTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon
written notice to Licensee, will have the right to immediately terminate this Agreement for violations of this
provision by Licensee.
SECTION 28
BOYCOTTING ISRAEL PROHIBITED
28.1 If Licensee has fewer than 10 employees or the Agreement is for less than $100,000, this
section 28.1 does not apply. Licensee acknowledges that in accordance with Chapter 2270 of the Texas
Government Code, City is prohibited from entering into a contract with a company for goods or services
unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" will have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this Addendum, Licensee certifies that Licensee's signature
FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT PAGE 12 OF 21
provides written verification to City that Licensee: (1) does not boycott Israel; and (2) will not
boycott Israel during the term of the Agreement.
(SIGNATURES ON FOLLOWING PAGE)
FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT PAGE 13 OF 21
IN WITNESS WHEREOF, the parties have executed this License Agreement in multiples in
Tarrant County, Fort Worth, Texas to be effective on the date set forth in Section 3.
CITY OF FORT WORTH:
Y�Ce-�r,e- YY � trtrz
By:Valerie Washington (Jun 17, 2 113:50 CDT)
Valerie Washington
Assistant City Manager
Date: J U 1'1 17� 2�21
APPROVAL RECOMMENDED:
�iGGt��IZ����a
By:
Richard Zavala (Jun 17, 202110:34 CDT)
Richard Zavala, Director
Park & Recreation Department
By:Sandra Young o d(Jun 7, 20211022 CDT)
Sandra Youngblood, Assistant Director
Park & Recreation Department
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all performance
and reporting requirements.
ZG�/��i�
By:Cory M. hmer (Jun 17, 2021 09:33 CDT)
Cory Stuhmer, Athletic Coordinator
Park & Recreation Department
APPROVED AS TO FORM AND
LEGALITY:
/ V�
Nico Arias (Jun 17, 20211222 CDT)
Y�
Nico Arias
Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
. �/� �j,,��,� �i,�.:�-
By r
Kelli Pickard, Assistant Director
Park & Recreation Department
a�-FORr "a�
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ATTEST: �,�o o���
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By: ��/�� U �e�� �Q� o 0
��o o�c<
o�°°00000�°° a
Mary Kayser ��a� nEXAS-o.A'�
City Secretary
LICENSEE:
Fort Worth Drowning Prevention Coalition
cG�elseq Mille�
By:
Chelsea Miller (Jun 17, 2021 09:31 CDT)
Chelsea Miller
Executive Director
FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT A
PREMISES
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FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT PAGE 15 OF 21
EXHIBIT B
PROGRAM
R PROG AM: Safe Swimming and Drowning Prevention
SCOPE OF SERVICE: Fort Worth Drowning Prevention Coalition will conduct safe swimmingand
drowning prevention events.
R PROG AM FEE: Free ($0.00)
CENTER(S):
Forest Park Pool: 2850 Park Place Avenue, Fort Worth, TX 76110
June 8-10, 2021 and June 15-17, 2020
Marine Park Swimming Pool: 303 NW 20th Street, Fort Worth, TX 76164
July 6-8, 2021 and July 13-15, 2021
START END START END
DAY LOCATION TIME TIME TIME TIME
Mon
Tue Forest Park Pool 6:45 pm 7:25 pm 7:30 pm 8:15 pm
Wed Forest Park Pool 6:45 pm 7:25 pm 7:30 pm 8:15 pm
Thu Forest Park Pool 6:45 pm 7:25 pm 7:30 pm 8:15 pm
Fri
Sat
Sun
START END START END
DAY LOCATION TIME TIME TIME TIME
Mon
Tue Marine Park Pool 6:45 pm 7:25 pm 7:30 pm 8:15 pm
Wed Marine Park Pool 6:45 pm 7:25 pm 7:30 pm 8:15 pm
Thu Marine Park Pool 6:45 pm 7:25 pm 7:30 pm 8:15 pm
Fri
Sat
Sun
FORT WORTH DROWNiNG PREVENTION COALITION
LICENSE AGREEMENT PAGE l6 OF 2l
EXHIBIT C
INSURANCE
Citv Insurance.
1.1 Blanket Accident Insurance. Licensee acknowledges that City carries a blanket accident insurance
policy ("Accident Policy") that provides first party insurance coverage to Licensee in the event of a
covered loss. This Accident Policy will be excess to any other insurance policies that the Licensee carries.
Licensee is responsible for reading and understanding the entire Accident Policy, including, but not
limited to, any exclusions to coverage.
1.2 Commercial General Liability. Licensee acknowledges that the City also carries limited
participant liability coverage for certain designated sport or athletic contests or exhibitions under its
commercial general liability insurance policy ("City CGL Policy"). The City CGL Policy is intended to
protect the City from third-party claims for personal injury and property damage. Licensee is responsible
for reading and understanding the entire City CGL Policy, including, but not limited to, any exclusions to
coverage. If the Program is excluded from coverage or not covered for any reason under the City CGL
Policy, then Licensee will provide or caused to be provided the commercial generalliability insurance set
forth in section 2 of this Exhibit B. Each Program Participant is required to pay City the applicable fee
associated with maintaining such insurance coverage prior to beginning the Program. Licensee is
responsible for ensuring that each Program Participant has fully paid the City the applicable fee, which
will be in addition to any Program Fees.
1.3 Claims. Licensee will be responsible for ensuring that any claim under the Accident Policy and
City CGL Policy are properly reported to City and that a11 necessary paperwork is completed and
submitted to appropriate entity in a timely manner.
1.4 Liabili . City's liability, if any, to Licensee under this Agreement will be limited to the maximum
amounts payable under the Accident Policy or City CGL Policy, as applicable. To the extent that the City
incurs any liability outside of the Accident Policy ar the City CGL Policy limits attributable to Licensee
or Licensee's representatives, agents, Program Participants, contractors, or anyone acting on behalf of or
for Licensee, then Licensee hereby agrees to INDEMNIFY, HOLD HARMLESS, AND DEFEND THE
CITY IN ACCORDANCE SECTION 9 OF THIS AGREEMENT. City will not be liable to Licensee
for any claims, damages, or losses beyond the policy limits stated in the Accident Policy, City CGL Policy,
or for any excluded coverages, and Licensee hereby forever waives any such claims against the City.
Licensee -Provided Insurance. In the event that the Program being conducted by the Licensee is
excluded or not covered by the City's CGL Policy referenced above, Licensee will furnish to City, in a
timely manner, but not later than the start of the term of this Agreement, certificates of insurance as proof
that the policies of insurance specifed herein have been purchased. Licensee is solely responsible for
reviewing the City's CGL Policy and determining whether its Programs are covered under the City CGL
Policy. If City has not received such certificates by such date, Licensee will be in default of the Agreement
and City may, at its option, terminate the Agreement immediately and without penalty. Licensee will
maintain or cause to be maintained the following coverages and limits thereof.
2.1 Covera�es and Limits
i. Commercial General Liability (CGL) Insurance
a. $1,000,000 each occurrence
b. $2,000,000 aggregate limit
ii. Business Automobile Liabilitv Insurance
a. $1,000,000 each accident on a combined single limit or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
b. Insurance policy will be endorsed to cover "Any Auto", defined as autos owned,
FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT PAGE l7 OF 2l
hired, and non-owned when said vehicle is used in the course of the event
Licensed herein.
iii. Accident Coverage
a. 1,000,000.00 each occurrence
b. 2,000,000.00 aggregate
c. $2,500.00 minimum dental benefits
d. $50,000.00 minimum death benefit to the estate of the deceased
e. $100,000.00 minimum hospitalization and medical bills benefts of an injured
Program Participant, with a maximum deductible of $250.00
£ $25,000.00 minimum benefits for the loss of one hand, one foot or sight of one
eye of an injured Program Participant
g. $12,500.00 minimum benefts for the loss of index finger and thumb of same
hand of an injured student
h. This policy will cover all Program Participants and provide comprehensive
bodily injury, dental, and death coverage and coverage while traveling in any
automobile used to transport Program Participants to and from the Program.
iv. Workers' Compensation Insurance
a. Part A: Statutory Limits
b. Part B: Employer's Liability
1. $100,000 each accident
2. $100,000 disease-each employee
3. $500,000 disease-policy limit
c. Licensee will not be required to carry the required workers' compensation
insurance if Licensee does not employ at least one full time employee.
2.2 Additional Requirements
i. Such insurance amounts will be revised upward at City's reasonable option and no more
frequently than once every six (6) months, and Licensee will revise such amounts within thirty
(30) calendar days following notice to Licensee of such requirements.
ii. Where applicable, insurance policies required herein will be endorsed to include City as
an additional insured as its interest may appear. Additional insured parties will include employees,
representatives, officers, agents, and volunteers of City.
iii. The Workers' Compensation Insurance policy will be endorsed to include a waiver of
subrogation, also referred to as a waiver of rights of recovery, in favor of City. Such insurance
will cover employees performing work on any and all projects. Licensee will maintain coverages,
if applicable.
iv. Any failure on part of City to request certificate(s) of insurance will not be construed as
a waiver of such requirement or as a waiver of the insurance requirements themselves.
v. Insurers of Licensee's insurance policies will be licensed to do business in the state of
Texas by the Department of Insurance or be otherwise eligible and authorized to do business in
the state of Texas. Insurers will be acceptable to Ciry insofar as their financial strength and
solvency and each such company will have a current minimum A.M. Best Key Rating Guide
rating of A-: VII or other equivalent insurance industry standard rating otherwise approved by
City.
vi. Unless otherwise stated herein or approved by City, deductible limits on insurance
policies will not exceed $10,000 per occurrence.
FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT PAGE l 8 OF 2l
vii. In the event there are any local, federal or other regulatory insurance or bonding
requirements for Licensee's operations, and such requirements exceed those specified herein, the
former will prevail.
viii. Licensee wi11 contact the Park Director, as applicable, to determine whether any
contractors or subcontractors will need to provide insurance.
FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT PAGE l9 OF 2l
EXHIBIT D
INDIVIDUAL WAIVER, RELEASE, AND INDEMNITY AGREEMENT
I, , the undersigned, for myself, my heirs and assigns, hereby
affirm that I am aware that my use of the Forest Park Swimming Pool, located at 2850 Park Place Avenue,
Fort Worth, TX 76110 and/or Marine Creek Swimming Pool, located at 303 NW 20`" Street, Fort Worth,
TX 76164 ("Pool"), has inherent risks. As a condition precedent to my use of the Poo1, I confirm that I
understand and accept all risks, dangers and hazards presented by my use of the Pool, and that I am
choosing to use the Pool freely and voluntarily. In consideration of my being permitted to utilize the Pool,
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 Pool, regardless of the cause or blame.
Further, I, for myself, my heirs and assigns, in consideration of my being able to utilize the Pool,
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 Pool.
This waiver and release is intended to release and forever discharge the Citv of Fort Worth, its
officers, servants, agents and emplovees from any and all claims, actions, causes of action, damages,
losses or expenses, including attornev's fees whether real or asserted, of every kind or character,
arisin� out of my use of the Pool. This waiver is intended to release the City of Fort Worth, its
officers, servants, agents and emplovees even if said iniuries, death or other damages are caused in
whole or in part bv the alle�ed acts of commission, omission, negli�ence, �ross ne�li�ence, breach of
contract, intentional conduct, violation of statute or common law, breach of warranty, product
defect, strict product liabilitv, or anv other conduct whatsoever ofthe Citv, its officers, servants,
agents or emplovees. I, for myself, and my heirs and assigns hereby assume all responsibiliry 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 POOL. 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 POOL. IF ANY COURT FINDS A
PORTION OF THIS AGREEMENT TO BE INVALID, THE REMAINDER OF THE
AGREEMENT WILL NOT BE AFFECTED.
FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT PAGE 20 OF 2l
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 , 2021.
Participant Information
Printed Name
Address
Signature
FORT WORTH DROWNING PREVENTION COALITION
LICENSE AGREEMENT PAGE 21 OF 21