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HomeMy WebLinkAboutContract 57024 CSC No.57024 CITY OF FORT WORTH SHORT TERM LICENSE AGREEMENT FOR USE OF TRAINING FACILITIES Bob Bolen Public Safety Complex Fort Worth Police Training Academy 505 West Felix Street Fort Worth, Texas 76115 This License Agreement ("License") is made and entered into by and between the City of Fort Worth ("City")a municipal corporation of the State of Texas,acting by and through Fernando Costa, its duly authorized Assistant City Manager("Manager") and United States Marshals Service,("Licensee"), for the following express purposes and conditions, all of which Licensee hereby covenants and agrees with City to keep and perform: I. PAYMENT TO CITY AND GRANT AND TERM OF LICENSE 1.1 That City, for and in consideration of the License Fee, covenants and promises herein contained to be kept,performed and observed by Licensee, does hereby agree to furnish certain Space (as hereinafter defined) to Licensee at the Bob Bolen Public Safety Complex, 505 West Felix Street, Fort Worth, Tarrant County, Texas 76115 ("Facility"), as designated below, and Licensee agrees as consideration hereof and as payment for the right herein granted to use the Space for the Authorized Use (as defined in Section 2.1): January 24, 2022 -February 4, 2022 Dates and Facility Name Total Jan. 24, Monday 8am-5 m - Classrooms 1426, 1439, and the tactical village $1,985.00 Jan. 25, Tuesday 8am-5 m - Classrooms 1426, 1439, and the tactical village $1,985.00 Jan. 26, Wednesday 8am-5 m - Classrooms 1426, 1439, and the tactical village $1,185.00 Jan. 27, Thursday 8am-5 m - Classrooms 1426, 1439, and the tactical village $1,985.00 Jan. 28, Friday 8am-5 m - Classrooms 1426, 1439, and the tactical village $1,985.00 Jan. 31, Monday 8am-5 m - Classrooms 1426, 1439, and the tactical village $1,985.00 Feb. 1, Tuesday 8am-5 m - Classrooms 1426, 1439, and the tactical village $1,985.00 Feb. 2, Wednesday 8am-5 m - Classrooms 1426, 1439, and the tactical village $1,185.00 Feb. 3, Thursday 8am-5 m - Classrooms 1426, 1439, and the tactical village $1,985.00 Feb. 4, Friday 8am-5 m - Classrooms 1426, 1439, and the tactical village $1,985.00 Total License Fee): $19,850.00 1.2 The License Fee amount of$19,850.00 has been waived.The approved fees for the Facility are shown on Attachment I- Space Usage and are stated on a per day basis, as set forth above. Licensee understands and agrees to pay the full day fee for any portion of a day for which any or all of the Space is used by Licensee. City reserves the right to terminate this License at any time and for any reason by providing Licensee with written notice. 1.3 Licensee Parties, as defined below, shall not access any portions of the Facility unless authorized under this License. Access to police training classrooms is subject to all requirements of Title 28 of the Code of Federal Regulations (28 CFR, Chapter 1, Part 20), the Department of Justice, FBI Division,CJIS Security Policy,Version 5.3 8/2/2014("Policy"),as amended,regarding security processes OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX and procedures for the creation, viewing, modification, transmission, dissemination, storage, and destruction of Criminal Justice Information(CJI).All persons accessing the police training classrooms and any other physically secure locations and controlled areas during CH processing shall be subject to a state and national fingerprint-based record check unless these individuals are escorted by authorized personnel at all times. Licensee shall comply with, and shall ensure all Licensee's officials, employees, officers, directors, agents, contractors, subcontractors, sublicensees, participants, attendees consultants, subconsultants, invitees, volunteers, service providers, and representatives of Licensee's, or any person admitted to the Facility by Licensee ("Licensee Parties") comply with, all requirements of City related to the Policy and access to the Space. Licensee's method of compliance with the Policy shall be memorialized in writing and approved by the City staff person in charge of the licensing of the police classrooms. IL USE OF LICENSED PROPERTY AND EQUIPMENT/CITY'S SUPERIOR INTEREST 2.1 The Space and Equipment shall be used for the purpose of authorized meetings or training and for no other purpose without the prior written consent of the City, specifically as follows(collectively,the "Authorized Use"): in-seat classroom and hands-on, practical skills training, demonstration in the Classroom and range training on weapons. The Authorized Use is further described in Attachment III. Licensee may not use the Space for any purpose other than the Authorized Use.Licensee shall provide City with a signed general release of liability and hold harmless agreement, in the form attached hereto as Attachment II, for each person accessing portions of the training facility other than the auditorium and classrooms. 2.2 PERSONNEL AND EXCLUSIVE SERVICES. Licensee shall employ sufficient qualified personnel as may be required for the proper use and occupancy of the Space including,but not limited to, registration personnel, security guards and paramedics, and other personnel deemed necessary by the Manager.Licensee agrees that each person employed by Licensee to provide services in the Facility will at all times maintain a neat and clean appearance and conduct himself/herself in a polite and professional manner. Licensee agrees to replace any such employee failing to do so upon notice by Manager. 2.3 CITY'S SUPERIOR INTEREST/CONTROL OF PREMISES AND FACILITY. Licensee acknowledges that this License is in the nature of a privilege to use the Space, and,therefore,is revocable by City, and City does not purport to convey any real property interest in any of the property over, under or upon the Space. City reserves the right to enter upon the Space at any time for asserting its superior real property interests or for emergency purposes. In furnishing the Space,City reserves the right to control the management thereof, and to enforce all necessary and proper rules for the management and operation of said premises and the Facility. 2.4 REMOVAL OF INSTALLATIONS, EXHIBITS, AND ALL OTHER PROPERTY. All installations, exhibits, training materials, and all other property (collectively "property") belonging to Licensee shall be removed from the Facility on or before the expiration of the Term hereof. In the event that the above stated area is not vacated and property of Licensee removed by Licensee, including Licensee's personnel, on the date above named, City is hereby authorized to remove from the Facility all property of any and all kinds and description which may then be occupying said Facility. City may dispose of the property by any legal means,or,at City's sole discretion,may notify Licensee of the removal of the property and store the property at the expense of Licensee for so long as City deems reasonable to allow Licensee to retrieve the property. City shall not be liable for any damages to or loss of such property which may be sustained due to such removal or resulting from the place to which it may be removed. City is hereby expressly released from any and all claims for any damages of whatever kind or nature. 2.5 ALTERATIONS. Licensee will not cause or permit any nails or any other things to be driven into any portion of the Facility,nor cause or permit any changes,alterations,repairs,painting or staining of any part of the Facility or furnishing or the Equipment thereof,nor do or permit to be done anything which will damage or change the finish or appearance of the Facility or the furnishings thereof. TAPE OR OTHER ADHESIVE MATERIALS MAY NOT BE APPLIED TO WALLS OR OTHER SURFACES OF THE Facility WITHOUT THE PRIOR WRITTEN APPROVAL OF Manager. ALL PRODUCTS THAT CREATE A SUBSTANTIAL RISK OF DAMAGE OR EXCESSIVE LITTER ARE PROHIBITED. Licensee will pay the costs of repairing any damages which may be done to the Facility or any of the fixtures,furniture or furnishings thereof by an act of Licensee or any of Licensee's employees or agents or anyone visiting the Facility upon the invitation of Licensee,including the participants and attendees of the presentation of Licensee. Manager shall determine whether any damage has been done,the amount of the damage,the reasonable cost of repairing it,and whether,under the terms of this License, Licensee is to be held responsible. 2.6 SEATING CAPACITY. In no event shall attendance at an event be in excess of the designated capacity as determined by City's Fire Marshal. 2.7 AISLES AND ALL ACCESS CLEAR. Licensee will permit no chairs,movable seats or other obstructions to be or remain in the entrances, exits, or passageways and will keep same clear at all times. No portion of the sidewalk,entries,passage,vestibules,halls,elevators,or access to public utilities of said building shall be obstructed by Licensee or used for any purpose other than for ingress and egress to and from the Space. 2.8 RESPONSIBILITY FOR DAMAGE. If the Space, or any portion of the Facility, during the term of this License shall be damaged by the act, default or negligence of Licensee, or Licensee Parties, Licensee will pay to City, upon demand, such sum as shall be necessary to restore Facility to its present condition. Licensee hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the Space, or to any portion of the Facility with the consent of Licensee's employees or any person acting for or on behalf of Licensee. 2.9 SECURITY PERSONNEL. As a condition of the granting of this License, Licensee agrees to provide adequate security at all times if deemed necessary by the Manager. Security arrangements must be made through the Manager or his designee. 2.10 LICENSEE'S REPRESENTATIVE. A representative of Licensee approved by Manager or his designee shall remain at the Space during the Term and until all participants, attendees and the public have left the Space and the Facility. 2.11 RESERVED RIGHTS. City reserves the sole and exclusive right to sell or serve on, in or about the Space any soft drinks, food, souvenirs, or other merchandise, or City may grant all concession rights to any party or parties designated by City, and no food or beverage, samples or otherwise, may be served or distributed by Licensee without the prior written consent of City. City likewise reserves the right, through its Manager, his designee or City's police officers, to eject any objectionable persons from the Facility and upon the exercise of this authority,Licensee hereby waives any right and all claims for damages against City,or any of its agents,officials,or employees. III. INDEMNITY AND LIABILITY 3.1 TO THE FULL EXTENT ALLOWED BY LAW, LICENSEE COVENANTS AND AGREES TO FULLY INDEMNIFY AND HOLD HARMLESS, CITY AND THE ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, SUBCONTRACTORS, OTHER LICENSEES, SUBLICENSEES, LESSEES, SUBLESSEES, CONSULTANTS, SUBCONSULTANTS, INVITEES, VOLUNTEERS, UTILITY PROVIDERS, SERVICE PROVIDERS, AND REPRESENTATIVES OF CITY, INDIVIDUALLY OR COLLECTIVELY, FROM AND AGAINST ANY AND ALL COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES, PENALTIES, PROCEEDINGS, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND SUITS OF ANY HIND AND NATURE, INCLUDING BUT NOT LIMITED TO, BODILY INJURY OR DEATH AND PROPERTY DAMAGE,MADE UPON CITY,DIRECTLY OR INDIRECTLY ARISING OUT OF,RESULTING FROM OR RELATED TO LICENSEE'S ACTIVITIES, CITY'S ACTIVITIES, OR THIRD PARTY'S ACTIVITIES UNDER THIS LICENSE AGREEMENT, INCLUDING ANY ACTS OR OMISSIONS OF LICENSEE, ANY AGENT, OFFICER, DIRECTOR, REPRESENTATIVE, EMPLOYEE, CONSULTANT, SUBCONSULTANT, SUBLICENSEE OF LICENSEE, CONTRACTORS, SUBCONTRACTORS, VOLUNTEERS, INVITEES, PARTICIPANTS, AND ATTENDEES AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS AND REPRESENTATIVES WHILE IN THE EXERCISE OR PERFORMANCE OF THE RIGHTS OR DUTIES UNDER THIS LICENSE, ALL WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO CITY UNDER TEXAS LAW AND WITHOUT WAIVING ANY DEFENSES OF THE PARTIES UNDER TEXAS LAW. THE PROVISIONS OF THIS INDEMNIFICATION ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. LICENSEE SHALL PROMPTLY ADVISE CITY IN WRITING OF ANY CLAIM OR DEMAND AGAINST THE CITY OR LICENSEE KNOWN TO LICENSEE RELATED TO OR ARISING OUT OF LICENSEE'S ACTIVITIES INCLUDING THOSE NAMED ABOVE, (AGENTS, ETC.), CITY'S ACTIVITIES OR THIRD PARTY'S ACTIVITIES UNDER THIS LICENSE AND SHALL SEE TO THE INVESTIGATION AND DEFENSE OF SUCH CLAIM OR DEMAND AT LICENSEE'S COST. CITY SHALL HAVE THE RIGHT, AT ITS OPTION AND AT ITS OWN EXPENSE, TO PARTICIPATE IN SUCH DEFENSE WITHOUT RELIEVING LICENSEE OF ANY OF ITS OBLIGATIONS UNDER THIS PARAGRAPH. NOTWITHSTANDING ANY CONDITION IMPOSED BY A POLICY OF INSURANCE TO WHICH LICENSEE AND CITY ARE NAMED, CITY SHALL RETAIN THE RIGHT, AT ITS OPTION AND AT ITS OWN EXPENSE, TO PARTICIPATE IN ANY SUCH DEFENSE PROVIDED BY LICENSEE OR LICENSEE'S AGENT UNDER THIS ARTICLE. 3.2 IT IS THE EXPRESS INTENT OF THE PARTIES TO THIS LICENSE AGREEMENT, THAT THE INDEMNITY PROVIDED FOR IN THIS ARTICLE, IS AN INDEMNITY EXTENDED BY LICENSEE TO INDEMNIFY, PROTECT AND HOLD HARMLESS CITY FROM THE CONSEQUENCES OF CITY'S OWN NEGLIGENCE, PROVIDED, HOWEVER, THAT THE INDEMNITY PROVIDED FOR IN THIS ARTICLE SHALL APPLY ONLY WHEN THE NEGLIGENT ACT OF CITY IS A CONTRIBUTORY CAUSE OF THE RESULTANT INJURY, DEATH OR DAMAGE, AND SHALL HAVE NO APPLICATION WHEN THE NEGLIGENT ACT OF CITY IS THE SOLE CAUSE OF THE RESULTANT INJURY,DEATH OR DAMAGE. FURTHER, THE INDEMNITY PROVIDED FOR IN THIS ARTICLE SHALL NOT APPLY TO AN INJURY, DEATH, OR DAMAGE CAUSED BY THE GROSS NEGLIENCE OR WILLFUL MISCONDUCT OF CITY. LICENSEE FURTHER AGREES TO DEFEND, AT ITS OWN EXPENSE AND ON BEHALF OF CITY AND IN THE NAME OF CITY,ANY CLAIM OR LITIGATION BROUGHT AGAINST CITY AND ITS ELECTED OFFICIALS, EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES, IN CONNECTION WITH ANY SUCH INJURY, DEATH OR DAMAGE FOR WHICH THIS INDEMNITY SHALL APPLY AS SET FORTH ABOVE. 3.3 Certain uses on the Facility will require individual waivers from each participant. In addition, individual parental waivers will be required for youth events. All waivers must be submitted fourteen (14) calendar days prior to the event. City is not responsible for any damages, injuries, or death related to use of the Facility. Licensee is required to have a pre- and post-walkthrough with City staff, including Facility administrative staff and an IT Liaison(as required)for each event. If applicable,a list of damages discovered on the post-walkthrough and afterward will be submitted to the Facility's administrative office and Licensee shall be subject to payment for the damages as required herein. IV. INSURANCE REQUIREMENTS 4.1 The Licensee is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self-Insurance by Governmental Units," is self- insured and therefore is not required to purchase insurance. Licensee will provide a letter of self-insured status upon request. V. COPYRIGHT INDEMNIFICATION 5.1 LICENSEE AGREES TO ASSUME FULL RESPONSIBILITY FOR COMPLYING WITH THE FEDERAL COPYRIGHT LAW OF 1978 (17 U.S.C. 101, ET SEQ, AS AMENDED,) AND ANY REGULATIONS ISSUED THEREAFTER INCLUDING, BUT NOT LIMITED TO, THE ASSUMPTION OF ANY AND ALL RESPONSIBILITIES FOR PAYING ROYALTIES WHICH ARE DUE FOR THE USE OF COPYRIGHTED WORKS IN LICENSEE'S PERFORMANCES OR EXHIBITIONS TO THE COPYRIGHT OWNER, OR REPRESENTATIVES OF SAID COPYRIGHT OWNER, AND, TO THE FULL EXTENT ALLOWED BY LAW, LICENSEE AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY,ITS OFFICERS,EMPLOYEES AND AGENTS,FOR ANY CLAIMS,LOSSES, EXPENSES OR DAMAGES GROWING OUT OF LICENSEE'S INFRINGEMENT OR VIOLATION OF THE COPYRIGHT LAW AND/OR REGULATIONS. VI. LAW OBSERVANCE/TAXES 6.1 Licensee shall not do,nor suffer to be done, anything in the Facility, during the Term of this License, in violation of the laws of the United States, the State of Texas, or any of the ordinances of City or Tarrant County, Texas, including, but not limited to, License requirements of City. Further, Licensee shall obey all rules and regulations of City for the government and management of the Facility, together with all rules and requirements of the police and fire departments of City. Licensee agrees that every employee, agent or invitee connected with the purpose for which the Space is licensed shall abide by, conform to and comply with all and any such rules,laws,and ordinances. If the attention of said Licensee is called to such violations,Licensee will immediately desist from and correct such violations. 6.2 If actual sales are made in the Facility,Licensee must inform each seller of the applicable sales tax. This rate is subject to change and Licensee must check with the Local State Comptroller's Office (1- 800-252-5555) prior to show date to ascertain the current rate. Additionally, Licensee is responsible for ensuring that said Licensee or those selling under Licensee possesses a sales permit number prior to the start of the event. VIL ATTORNEY'S FEES If City is required to file suit to collect any License Fee or other amount owed to City under this License for Licensee's use of the Space,City shall be entitled to collect reasonable attorney's fees. VIII.NON-DISCRIMINATION Licensee, its agents, and employees agree not to discriminate on account of race, color, religion, national origin, gender, handicapped condition, transgender, gender expression, or gender identity in the use of or admission to the Facility. IX. PERFORMANCE QUALITY Licensee hereby agrees that no activity, event, performance, exhibition or entertainment (collectively "presentation") shall be given or held or take place in the Space herein described which is potentially dangerous to the public or which is illegal,indecent,obscene,lewd,immoral,or in any manner offensive to persons of ordinary sensibilities and should any presentation or any part thereof be deemed by Manager to be dangerous,illegal,indecent,obscene,lewd,immoral or in any manner offensive to persons of ordinary sensibilities, then said Manager shall have the right to demand of Licensee that Licensee immediately, upon receipt of such notice, cease its presentation, or make the changes demanded by the Manager. X. ABANDONED ITEMS City shall have the sole right to collect and have custody of articles left in the Facility by persons attending any presentation given or held in the Space. Licensee agrees to hold City harmless for dispensing of said articles not claimed within 24 hours after the end of the presentation,and City may dispose of same through any legal means without notice to Licensee. XI. TERMS USED It is understood that whenever this License authorizes or requires City to take any action,it may be done by Manager,his designee or by other persons designated by the City Manager,unless the City Charter requires that the City Manager take such action or that the City Council approve such action. XII. CANCELLATION 12.1 BY LICENSEE. Requests to cancel or reschedule an event should be sent to City in writing at least fourteen (14) calendar days before the original event date. Events may be rescheduled to a later date within six months of the original date based on space availability.A reschedule fee of$50 per rented space will apply. Cancellation refunds shall be as follows and may take up to 8 weeks to process: 6 weeks or more prior to event Refund 75%of rental fee 2-6 weeks prior to event Refund 50%of rental fee Less than two weeks prior to event No refund Cancellation due to inclement weather Reschedule or Refund 75% of reservation fee 12.2 BY CITY. Violation by Licensee of any covenant, agreement or condition contained herein shall be cause for termination hereof by City. In such a case,Licensee forfeits any payment already made and is entitled to a refund only if the canceled Space is re-booked to another party. In addition,City may likewise terminate this License if the Licensee should, prior to the date of occupancy thereunder, violate any covenant, agreement, or condition in any other agreement which the Licensee might have for use of the Facility or should a court having jurisdiction over Licensee take its assets pursuant to proceedings under the provisions of any Federal or State reorganization code or act. Written notice of such cancellation will be given to Licensee by Manager. Licensee waives any and all claims for damages against City resulting from such cancellation. XIIL NO WAIVER No waiver by City of any default or breach of any covenant, condition, or stipulation herein contained shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition,or stipulation hereof. XIV. IMPOSSIBILITY OF PERFORMANCE 14.1 If the (a) Facility or any portion thereof be destroyed or damaged by fire or other calamity so as to prevent the use of the Space for the purposes and during the periods specified in this License, or (b)if the use of the Space by Licensee shall be prevented by an act of God,strike,lockout,material or labor shortage,restrictions by any governmental authority,civil riot,flood,or any other cause beyond the control of City,then this License shall terminate. City shall not be liable or responsible to Licensee for any damages caused thereby and Licensee hereby waives any claim against City for damages by reason of such terminations,except that any unearned portion of the rent due thereunder shall abate,or,if previously paid, shall be refunded by City to Licensee. 14.2 Further,City reserves the right to relocate Licensee to an alternate space within the Facility which is suitable for the use of Licensee should such relocation become necessary. In the event of such relocation,this License shall continue in full force and effect with the new location substituted for the old location. City shall use its best efforts to avoid any unnecessary inconvenience to Licensee. XV. SEVERABILITY In case any one or more of the provisions contained in this License shall for any reason be held to be invalid,illegal, or unenforceable in any respect, such invalidity,illegality, or unenforceability shall not affect any other provision thereof, and this License shall be considered as if such invalid, illegal, or unenforceable provision had never been contained herein. XVL NOTICES Any notices required or appropriate under this License shall be given in writing at the addresses shown below: CITY: c/o Sr. Contract Compliance Specialist Bob Bolen Public Safety Complex 505 West Felix Street Fort Worth,Texas 76115 With a copy to: City Attorney City of Fort Worth 200 Texas Street Fort Worth,Texas 76102 LICENSEE: United States Marshals Service 1100 Commerce St 91657 Dallas,TX 75242 214-767-0836 XVIL HEADINGS The Article headings contained herein are for convenience of reference and are not intended to define,extend,or limit any provisions of this License. XVIIL NO ASSIGNMENT This License is personal to Licensee. It is nonassignable and any attempt to assign this License will terminate all rights and privileges herein granted. XIX. TEXAS LAW TO APPLY This License will be interpreted according to the Constitution and laws of the State of Texas. Venue of any court action brought directly or indirectly by reason of this License shall be in Tarrant County,Texas. This License is made and is to be performed in Tarrant County, Texas,and is governed by the laws of the State of Texas. XX. ENTIRE AGREEMENT This License contains the final and entire agreement between the parties hereto and contains all of the terms and conditions agreed upon,and supersedes all other agreements,oral or otherwise,regarding the subject matter of this License,none of which shall hereafter be deemed to exist or to bind the parties hereto; it being the intent of the parties that neither shall be bound by any term, condition, or representation not herein written or contained in Addendum(s). XXL AUTHORIZED AGENT The signer of this License for Licensee hereby represents that he or she has full authority to execute this License on behalf of Licensee. [Signature page follows] CITY OF FORT WORTH: UNITED STATES MARSHALS SERVICE cz— Digitally signed by MARCO MARCO VILLARREAL MLLARREAL By: Fernando Costa(Jan 21,2022 09:06 CST) By: Date 2022DI.191427:15-WW Fernando Costa Marco Villarreal Deputy City Manager USMS Chief Date: J an 21,2022 Date: APPROVAL RECOMMENDED BY: Ned Malof By: Neil Noakes(Jan 21,2022 09:02 CST) Neil Noakes Chief of Police Date: Jan 21,2022 APPROVED AS TO FORM AND LEGALITY: By: Taylor Paris Assistant City Attorney � a ��� add ATTEST: � 04 ° ° � ° d By: Jannette S.Goodall(Jan21,2022 13:12 CST) ��*% ° J By: Goodall as °°°°°°°°°°° a City Secretary a��EXA`�.00Ap Form 1295 Certification No: NOT REQUIRED This agreement does not require City Council approval. Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Sasha Kane(Jan 20,202209:39 CST) OFFICIAL RECORD Sasha Kane Sr. Contract Compliance Specialist CITY SECRETARY FT. WORTH, TX ATTACHMENT 1 SPACE USAGE Facility Name 1/2 Day Full Day Notes (9 hours) COMMON AREAS (FIRE/POLICE) Auditorium $650 $1,080 Multi-Purpose Room (max. 245) $710 $1,180 Incl. use of Lobby/Lounge/Kitchen Lobby $710 $1,180 Incl. use of Lounge/Kitchen Lounge $325 $540 Incl. use of Kitchen FIRE MEETING FACILITIES Classroom 1283 (max. 18) $285 $475 Classroom 1266 (max. 24) $285 $475 Classroom 1261 (max. 37) $285 $475 Classroom 1258 (max. 38) $285 $475 Classroom 1275 (max. 38) $285 $475 Classroom 1277 (max. 38) $285 $475 Classroom 1214 (max. 50) $425 $710 Classroom 1264 max. 51 425 710 Simulator 1266 max. 24 $325 $540 Computer Lab 1267 (max. 24) $485 $810 FIRE DRILL GROUNDS* Incl. use of burn props, propane,Radio 8-Story Tower - Live Burns $1,200 $2,000 Tower, SCBA compressor 8-Story Tower - No Burns $600 $1,000 Incl. use Radio Tower, SCBA compress r Radio Tower $600 $1,000 Warehouse Simulator $450 $750 Aquatics Simulator $360 $600 Flashover Chamber $720 $1,200 Does not include materials Vehicle Fire Prop $1,020 $1,700 Incl. fuel,travel/delivery (if request d Incl. use of burn props, SCBA Class A Burn Lab - Live Burns $1,020 $1,700 compressor (materials provided at cost Class A Burn Lab - No Burns 540 900 Incl. SCBA compressor Confined/Trench Space $450 $750 Supplies not included Fire Additional Staffing Instructor/Trainer $75/hour per person Safety Officer $75/hour per person *Based on the number of attendees and planned training activities, additional instructors and/or safety officers may be required in order to comply with NFPA 1403 at the Event Holder's cost. In such instances, the Staffing Rates will apply. Material costs will be based on current market rates. POLICE MEETING FACILITIES** Classroom 1134 (max. 35) $285 1 $475 Classroom 1135 (max. 35) $300/4 hours only after 5pm) Computer Lab 1142 (max. 24) $285 $475 Computer Lab 1146 (max.24) $285 $475 Classroom 1166 (max. 48) $285 $475 Classroom 1233 (max. 48) $425 $710 Classroom 1416 Weapons Range $285 $475 Area max. 32 Classroom 1426 Weapons Range $425 $710 Area (max. 48) Classroom 1439 Weapons Range $285 $475 Area (max. 32) Firing Range # 1 (50 yard, 40 lane) $650/hour (4 hour minimum required) Firing Range # 2 (25 yard, 5 lane) $125/hour (4 hour minimum required) Firing Range # 3 (25 yard, 30 lane) $425/hour (4 hours minimum required) Firing Range # 4 (100 yard, 10 lane) $165/hour (4 hour minimum required) Tactical Village $100/hour Driving Track $100/hour Use of Force Simulator $65/hour Police Additional Staffing Police Officer $68/hour per person IT Liaison $68/hour per person Police Instructor $75/hour per person *Janitorial $11/hour per person *Police Stipulations *Room 1135 is available for use after 5pm ($300/4 hours if approved for use) *Specialized areas are charged per hour *Janitorial - Recommends 2 staff members per every 175 guests "For POLICE License Fees that are stated on a per day basis,and Licensee agrees to pay the full daily License Fee,even if any or all of the respective Space are used or a portion of a day, NOTE.All rental fees and deposits are due in full at time of booking and may be paid by credit/debit card.Prices listed above are subject to change. Base rates listed above do not include overtime fees ordeposits. In the case of City of Fort Worth departments,only non-General Fund departments will be charged fees for space reservations. General Fund departments will only be charged where supplemental fees are required for extra services such as janitorial,security,etc. ATTACHMENT II WAIVER,RELEASE,AND INDEMNITY AGREEMENT I, , for myself, my heirs and assigns, hereby affirm that I am aware that my use of the Bob Bolen Public Safety Complex,located at 505 West Felix Street,Fort Worth,Tarrant County, Texas 76115 ("Facility")has inherent risks. As a condition precedent to my use of the Facility, I confirm that I understand and accept all risks, dangers and hazards presented by my use of the Facility, and I am using the Facility freely and voluntarily. In consideration of being permitted to utilize the Facility,I hereby assume all risk of harm and injury to myself and others, as well as to the property of others, which may result from my use of the Facility,regardless of the cause or blame. Further,I,for myself,my heirs and assigns,in consideration of being able to utilize the Facility,do hereby FOREVER RELEASE AND WAIVE all claims against the City of Fort Worth,its officers,agents and employees, for injuries, death or property damage which may arise from my use of the Facility. This waiver and release is intended to release and forever discharee the City of Fort Worth, its officers, servants, agents and employees from any and all claims, actions, causes of action, damages,losses or expenses, including attorney's fees whether real or asserted, of every kind or character, arising out of my use of the Facility. This waiver is intended to release the City of Fort Worth, its officers, servants, agents and employees even if said iniuries, death or other damages are caused in whole or in part by the alleged acts of commission, omission, negligence, gross ne2li2ence, breach of contract, intentional conduct, violation of statute or common law, breach of warranty, product defect, strict product liability, or any other conduct whatsoever of the City, its officers, servants, agents or employees. I, for myself, and my heirs and assigns hereby assume all responsibility and liability for such injuries or damages,including death, and hereby covenant not to sue the entities and parties named above for such injuries or damages. I FURTHER AGREE TO INDEMNIFY AND DEFEND THE CITY AND HOLD THE CITY HARMLESS FROM ALL CLAIMS, TOGETHER WITH ALL COSTS, EXPENSES,AND LEGAL FEES IN DEFENDING ALL CLAIMS DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO MY USE OF THE FACILITY. THIS INDEMNITY PROVISION (INCLUDING, WITHOUT LIMITATION, INDEMNITY FOR COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER CONDUCT WHATSOEVER OF THE CITY. I REALIZE THAT BY SIGNING THIS AGREEMENT, I AM GIVING UP MY RIGHT TO SUE THE CITY FOR INJURY, DEATH OR DAMAGE I MAY SUFFER THROUGH MY USE OF THE FACILITY. IF ANY COURT FINDS A PORTION OF THIS AGREEMENT TO BE INVALID, THE REMAINDER OF THE AGREEMENT WILL NOT BE AFFECTED. I have read this Waiver, Release, and Indemnity Agreement and fully understand its terms, provisions and conditions. I have not been influenced to any extent whatsoever by any representations or statements not contained within this agreement.I also represent that I am at least 18 years of age. Dated this day of 120190 Participant's Signature Address City, State and Zip Code Telephone ATTACHMENT III SCHEDULE OF SPACE USAGE Date of use: - March 15, 2021 —March 19, 2021 and March 22, 2021 —March 26, 2021 Time of use: 8:00 a.m.-5:00 p.m. The U.S. Marshals Service is a federal law enforcement agency that is seeking a venue to provide training for their agents, as well as, other law enforcement officers that participate in the Fugitive Task Force. This training is being provided by the U.S. Marshals Service at no cost to their law enforcement partners including officers within FWPD's Fugitive Unit. The U.S. Marshals Service will not be generating any revenue from this training; therefore,the Police Department is requesting any facility usage fees be waived.