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HomeMy WebLinkAboutContract 44678 (3)General Facilities Agreement TEXAS CHRISTIAN UNIVERSITY GENERAL FACILITIES AGREEMENT NON-RESIDENTIAL CONFERENCES i.;)TY SECRETARY ,IONTRACT NO. y� LT'l e' This Agreement is made and entered into by and between Texas Christian University ("TCU"), located in Fort Worth, Tarrant County, Texas, and the Sponsor listed below. TCU and Sponsor agree as follows: SPONSOR AND EVENT: Sponsor: City of Fort Worth Sponsor's Address: 4200 South Freeway. Suite 2200. Fort Worth, TX 76115. c/o Peggy McCoy Event: Camp Fort Worth Film Festival Dates of Event: August 1, 2013 Sponsor warrants to TCU that the information furnished in the Special Events Application submitted by Sponsor to TCU in connection with the Event is true and correct. II. FACILITIES. EQUIPMENT AND SERVICES: Subject to and upon the terms and conditions contained in this Agreement, TCU agrees to furnish to Sponsor the facilities and equipment and services as listed on the Facilities, Equipment and Services Attachment(s) attached hereto as Exhibit A and incorporated herein for all purposes. III. CHARGES: Charges for the above Facilities, Equipment and Special Services are as follows: Itemized Basic Charges for Non -Residential Facilities, Equipment and Special Services: CHARGES FOR ED LANDRETH AUDITORIUM ARE $1,812.00 TOTAL CHARGES DUE FOR THIS EVENT ARE $1,812.00. All federal and local taxes and charges which may be imposed on or applicable to this Agreement and to the services rendered by TCU are in addition to the price agreed upon and the Sponsor agrees to pay them separately. IV. PAYMENT: A. Deposit. The City paid TCU a deposit equal to the sum of the Basic Charges (for a total of $1,812.00 ) on or before July 9. 2013. In the event Sponsor cancels prior to July 9, 2013 Sponsor shall be entitled to a refund of all deposits paid, less reasonable expenses actually incurred by TCU. The deposit shall otherwise be non-refundable. B. Balance. TCU will submit a statement to Sponsor for the remaining balance owing, and Sponsor shall pay TCU the balance due within ten (10) days after receipt of the statement. All past due amounts shall bear interest at the highest lawful rate until paid. C. Special payment terms: NONE. V. CONDITIONS: A. The obligations of TCU under this Agreement are conditioned upon: 1. Timely receipt of the Deposit in good funds; 2. Receipt by TCU, not less than fifteen (15) working days before the_,beWnning of the scheduled Event, of a certificate or other satisfactory pro:iT the liability and alLLc.ther insurance coverage required herein; OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX RECEIVED AUG - 2 2013 RECEIVED AUG -12013 I ors 3. Receipt by TCU, not Tess than five (5) working days before the beginning of the scheduled Event, of written certification that all persons, in a position that involves direct contact with a person under the age of eighteen years of age, have completed a Campus Program for Minors Training and Examination Program on Sexual Abuse and Child Molestation approved by the Texas Department of State Health Services; 4. Compliance by Sponsor with its warranties and obligations herein..-; and 5. Availability of the Facilities. B. In the event that TCU buildings, property or facilities shall be destroyed or substantially damaged by fire or other casualty, or in the event that other circumstances render the fulfillment of this Agreement by TCU impractical or impossible, or in the event that TCU is closed due to weather, TCU shall be excused from performance hereunder, and Sponsor shall be obligated to pay only for those services, activities and events which shall have occurred prior to said casualty or circumstance. To the extent that the Sponsor has already submitted payment hereunder, TCU shall refund such payment within thirty (30) calendar days after said casualty or circumstance. Sponsor waives any claim for damages or compensation resulting from casualty, fire or other circumstance causing curtailment of this Agreement. SPONSOR'S SOLE REMEDY FOR ANY UNEXCUSED NON-PERFORMANCE BY TCU SHALL BE LIMITED TO THE RETURN OF ALL SUMS PAID TO TCU BY SPONSOR. VI. NO WARRANTIES: TCU makes no warranties or representations, either express or implied, or arising by operation of law, with regard to the condition of the facilities or equipment and Sponsor expressly acknowledges that Sponsor has thoroughly inspected and is accepting the facilities and equipment for its use for the Event on an "AS IS," "WHERE IS," and "WITH ALL FAULTS" basis. VII. INSURANCE. RELEASE. AND LIABILITY A. The City of Fort Worth is basically a self -funded entity subject to statutory tort laws. The City does not maintain a commercial policy of general liability insurance and/or auto liability insurance. Damage for which the City of Fort Worth would ultimately be found liable would be paid directly by the City of Fort Worth and not by a commercial insurance company. City owned property is covered under the City of Fort Worth Fire and Extended coverage program by a commercial insurance policy. Statutory workers' compensation insurance, coverage is self -funded to the $750,000.00 retention limit per incident over which commercial coverage responds with no upper cap; and, employer's liability coverage is maintained at the $1,000,000.00 policy limit. B. SPONSOR HEREBY FULLY RELEASES AND FOREVER DISCHARGES TCU AND ALL INSTRUCTORS, AGENTS, EMPLOYEES, OFFICERS, TRUSTEES AND AFFILIATES OF TCU (COLLECTIVELY, THE "RELEASED PARTIES") of and from any and all liability to Sponsor, its successors and/or assigns, personal representatives, heirs and next of kin, for any and all losses, liabilities, damages, claims, lawsuits and actions of any kind or description for injury to or death of Sponsor or damage to or loss of property of Sponsor (each a "Claim"), directly or indirectly, arising out of, resulting from or relating to (i) this Agreement; (ii) ANY ACT OR OMISSION ON THE PART OF THE RELEASED PARTIES, INCLUDING ANY NEGLIGENT CONDUCT OF THE RELEASED PARTIES but excluding any gross negligence or willful misconduct of the Released parties; (iii) the condition, use or operation of the facilities or any other part of the TCU campus; (iv) the condition, use or operation of any of the equipment or provision of any services furnished hereunder; (v) conduct of the Event; or (vi) any one or more of the foregoing. C. Workers' Compensation. See Section A. above. D. Sponsor acknowledges and agrees that all of Sponsor's employees and agents are under Sponsor's direct and complete supervision and control and are the sole responsibility of Sponsor. To the extent General Facilities Agreement 2 of 5 allowed by law, Sponsor agrees to reimburse TCU for any damages or loss, beyond reasonable wear and tear, resulting from the use of the facilities and equipment by Sponsor, its employees, independent contractors, guests, invitees and/or participants. Nothing contained herein shall ever be construed so as to require Sponsor to create a linking fund or to access, levy and collect any tax to fund its obligations hereunder. E. Sponsor acknowledges and agrees that neither Sponsor, nor any of Sponsor's employees, independent contractors, agents, guests, invitees or participants will at any time be considered employees, agents or independent contractors of TCU as a result of Sponsor's use of the Facility for the Event. F. TCU assumes no responsibility for damage to or loss or theft of any personal property or equipment of Sponsor or of its employees, independent contractors, agents, guests, invitees or participants before, during or following the Event. VIII. CONDUCT AND COMPLIANCE WITH LAWS AND REGULATIONS: A. Sponsor shall adhere to, and shall cause its employees, independent contractors. agents, guests, invitees and participants to adhere to, all TCU policies, regulations and guidelines applicable to the conduct of the Event and to the use of the facilities and equipment. Sponsor acknowledges receipt of a copy of such policies, regulations and guidelines, and same are incorporated herein by reference as Exhibit B. Sponsor shall cooperate and coordinate at all times with TCU's Campus Police in enforcing regulations and in internal security and theft control. B. Sponsor shall conduct the Event in an orderly manner and in full compliance with all applicable laws, ordinances and regulations. C. Sponsor shall use the facilities and equipment for no purpose other than the Event. D. TCU retains control over the facilities, equipment and services provided, and reserves the right: (i) to enter any room or facility for the purpose of inspection, repair or emergency; (ii) to revoke the campus privilege, including utilization of any of its facilities, of any occupant or other person whose conduct, solely in TCU's reasonable opinion, becomes injurious or is potentially injurious to the university community or is otherwise objectionable; and (iii) to reassign facilities to ensure a maximum and appropriate utilization of facilities. E. TCU represents and warrants that the Facilities that are the subject of this Agreement are in compliance with the Americans with Disabilities Act of 1990, as amended, and all rules and regulations promulgated thereunder ("ADA"). The Sponsor shall comply with the ADA with respect to: (a) the policies, practices, procedures and eligibility criteria employed by the Sponsor; (b) the provision of auxiliary aids and services (i) in areas designated for the exclusive use or within the control of the Sponsor and (ii) required for the specific activities of the Sponsor; (c) architectural, communications and transportation barriers created by or within the control of the Sponsor; and (d) any violation of wheelchair seating requirements, to the extent that the Sponsor exercises control or direction of seating in any assembly area; and (e) any examinations or courses offered by the Sponsor relating to applications, licensing, certification or credentialing for secondary or post -secondary education, professional or trade purposes. In recognition of the limitation on TCU's capacity and obligation to provide auxiliary aids and services, the Sponsor agrees to give TCU reasonable prior notification of the number and type of such aids and services as may be required by attendees of the Event. TCU, in turn, agrees to promptly notify the Sponsor of the extent to which such needs exceed TCU's ADA obligations and capacity. Sponsor shall bear the responsibility to provide any aids or services in excess of TCU's ADA obligation, and, to the extent allowed by law, losses and expenses incurred by TCU (including attorneys' fees and costs) based upon the failure of the Sponsor to comply with the ADA in accordance with the foregoing. Nothing contained herein shall ever be construed so as to require the City to create a sinking fund or to assess, levy, or collect any tax to fund its obligations under this paragraph. Nothing contained herein shall require the City to retrofit the facilities that are the subject of this Agreement or make any material improvements to the facilities. General Facilities Agreement 3 of 5 IX. MISCELLANEOUS: A. Sponsor agrees that every minor child shall present upon their arrival a medical release for hospital treatment or treatment by a physician, signed by one or both of the child's parents or legal guardian, to allow for treatment should an accident or an injury occur. Sponsor agrees to maintain said parental releases in Sponsor's possession throughout the Event. The cost of any medical services to participants in Sponsor's event is not the responsibility of TCU. B. Sponsor shall provide the TCU Conference Services Office with a schedule of all events including time and place by no later than July 15. 2013. No advance materials shall be shipped to TCU prior to five (5) working days before the scheduled Event begins. Sponsor shall provide TCU's Conference Services Office with advance copies of proposed advertising materials, and TCU's name shall not be used in any advertisement without TCU's prior written approval. C. This Agreement contains the entire agreement between TCU and Sponsor and may only be amended by a written instrument signed by both parties. Each provision of this Agreement is severable and if one portion is invalid or illegal, such invalid or illegal portion shall not apply, but the remaining portions shall nevertheless remain in full force and effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns, provided that Sponsor may not assign any interest in this Agreement to a third party without TCU's prior written consent. D. This Agreement shall be governed, construed and enforced under the laws of the State of Texas, and venue with respect to any dispute arising between TCU and Sponsor that involves in any way this Agreement shall be exclusively in Tarrant County, Texas. E. TCU is an equal opportunity institution and subscribes to all requirements of federal law which prohibits discrimination in respect to students, employees, applicants or University programs on the basis of sex, race, color, national origin, age, religion, disability or veteran or other legally protected status. F. This Agreement is not binding until it is countersigned by TCU. TCU will honor its terms, rates and availability of facilities and services for fourteen (14) days from the date this Agreement is deposited in the mail addressed to Sponsor or from the date it is otherwise delivered to Sponsor. Thereafter, this Agreement will be subject to change and to availability. Failure of Sponsor to sign and return this Agreement so as to be received by TCU by no later than July 31. 2013 will render this Agreement void and of no effect. G. The failure of TCU to insist upon strict and prompt performance of any of the covenants and conditions of this Agreement shall not constitute or be considered a waver or relinquishment of TCU's right thereafter to enforce such covenant or condition in the event of a continuous or subsequent default on the part of Sponsor. H. Nothing contained herein shall be construed as a waiver of any defense or immunity to which the City is entitled under Texas law. X. COMPLIANCE WITH TEXAS EDUCATION CODE SECTION 51.976. In accordance with Texas Education Code Section 51.976 and Texas Christian University policy, Sponsor shall require any person in a position that involves direct contact with a person under the age of eighteen years of age to successfully complete a Campus Program for Minors Training and Examination Program on Sexual Abuse and Child Molestation approved by the Texas Department of State Health Services. Sponsor's authorized representative shall certify in writing, in the manner required by Section V. A. 3., that all persons in a position that involves direct contact with a person under the age of eighteen years of age have completed a Campus Program for Minors Training and Examination Program on Sexual Abuse and Child Molestation approved by the Texas Department of State Health Services. General Facilities Agreement 4 of 5 We, the undersigned, do hereby enter into this Agreement, as witnessed by our signatures below, effective as of the date inserted by TCU below its signature. TEXAS CHRISTIAN UNIVERSITY _ Citv of Fort Worth By: Matthew L`. Wallis Director of Contract Administration Date: General Facilities Agreement san Alanis Assistant City Manager Date: 1 13 \ ) 13 APPROVED AS TO FORM AND LEGALITY: Attorney by. %nL J l 17ri2L( _ Ronald P. Gonzales,t. City Secretary �oo ' o � ° ooxIwr ¢ °0o O000d0gab x4 ..4 Ativ OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX 5 of 5