HomeMy WebLinkAboutContract 58156 CSC No. 58156
BANNER PROGRAM MANAGEMENT AGREEMENT
BETWEEN
CITY OF FORT WORTH AND CAMP BOWIE DISTRICT INC.
This BANNER PROGRAM MANAGEMENT AGREEMENT ("Agreement") is by and
between the CITY OF FORT WORTH("City"),a home-rule municipal corporation organized under
the laws of the State of Texas, acting by and through its duly authorized Assistant City Manager, and
CAMP BOWIE DISTRICT INC., a Texas nonprofit corporation, ("Organization") acting by and
through its duly authorized President. City and Contractor may be referred to herein individually as a
"Party" or collectively as the "Parties."
RECITALS
The following statements are true and correct and constitute the basis upon which the City and
the Organization have entered into this Agreement:
WHEREAS, the Fort Worth City Council adopted the City of Fort Worth Banner Policy and
Procedures on March 12, 1998,via M&C G-12155 ("Policy"); and
WHEREAS, the Policy governs the installation of vertical banners suspended from rods and
brackets attached to City-owned metal street light poles ("Poles")within the rights-of-way, and
WHEREAS, the Policy permits special agreements with non/not-for-profit organizations
seeking to manage a banner program within a defined area of the City if recommended by the Director
of Transportation and Public works and the appropriate Council Committee and authorized by the Fort
Worth City Council; and
WHEREAS, Camp Bowie District Inc, is a private, member-funded non-profit Organization
dedicated to revitalizing Camp Bowie Boulevard, and its surrounding side streets;
WHEREAS, Camp Bowie District Inc seeks a special agreement with the City of Fort Worth
to manage a banner program along Camp Bowie and Camp Bowie West within PID 19 also managed
by Camp Bowie District Inc in accordance with the Policy; and
WHEREAS,the Director of Transportation and Public Works and the Mobility Infrastructure
and Transportation Committee recommended said agreement on August,9 , 2022 and City
Council authorized the agreement on August 9, , 2022 via M&C No. 22-0565
; and
WHEREAS,the Parties have reached agreement concerning the management of a banner
program along Camp Bowie Boulevard and Camp Bowie West as more fully set forth herein; and
OFFICIAL RECORD
CITY SECRETARY
Banner Program Management Agreement CSC No.
Camp Bowie District Inc. FT.WORTH, TX
NOW, THEREFORE,for and in consideration of the mutual covenants, promises, and
agreements contained herein, the City and Organization do here by covenant and agree as follows:
AGREEMENT
1. In accordance with the Policy,Organization will manage a banner program for vertical banners
on metal street light poles ("Poles") on Camp Bowie and Camp Bowie West (collectively
referred to as "ROW") from University Drive to I.H. 820 and as depicted in Exhibit A.
2. Organization may suspend vertical banners from rods and brackets attached to Poles located
in the ROW within the boundaries described above to promote an event/exhibit to be held in
the City of Fort Worth and open to the public, or to promote the Camp Bowie District,within
the parameters provided by the Policy.
3. City waives all fees associated with Organization's management of the banner program
contemplated by this Agreement. However, if Organization charges others fees to participate
in the banner program under this Agreement, those fees cannot exceed those identified in the
Policy.
4. Revenue generated from the banner program shall be retained by the Organization to facilitate
the banner program.
5. Term:
a. Unless terminated as provided for herein, the term of this Agreement shall be
contemporaneous with the management of the Historic Camp Bowie Public
Improvement District (PID 19) by the Organization. Renewal of the agreement to
manage PID 19 by the Organization shall be a renewal of this Agreement.
b. Notwithstanding any such renewal, either party may terminate this agreement upon
thirty (30) days' notice by giving the other party notice in writing of its intention to so
terminate.
6. Insurance. Organizer shall maintain the following insurance coverage during the term of this
Agreement:
a. WORKERS' COMPENSATION INSURANCE: The Contractor shall maintain,
during the life of this Agreement and any extension period, statutory Workers'
Compensation Insurance on all of its employees engaged in work under this Agreement
and for all subcontractors unless such subcontractors maintain their own Workers'
Compensation Insurance.
Banner Program Management Agreement CSC No.
Camp Bowie District Inc. Page 2 of 12
b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall
procure and maintain during the life of this Agreement and any extension period, a
commercial general liability insurance policy in the amount of$1,000.000.00 covering
each occurrence with an aggregate limit of $2,000,000.00. Such policy shall be
endorsed to name the City as an additional insured.
c. AUTOMOBILE INSURANCE: The Contractor shall procure and maintain,during the
life of this Agreement and any extension period, a comprehensive bodily injury and
property damage automobile liability policy in the amount of not less than
$1,000,000.00 for each accident. This policy shall cover any automobile used within
the scope of this contract. Such policy shall be endorsed to name the City as an
additional insured.
d. INSURANCE REQUIREMENTS: The insurance specified in this Section shall
comply with the following requirements:
i. The named insured on Organization's insurance policies shall be The River East
Association.
ii. Additional insured on the Contractor's insurance policies listed in paragraphs
B and C, shall be the City of Fort Worth.
iii. Certificates of Insurance showing the City of Fort Worth as the Certificate
Holder and additional insured and evidencing coverage required in this
Agreement shall be provided to the Director,Department of Transportation and
Public Works, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102
within 10 days from the date of execution; and any failure of the City to request
same shall not be construed as a waiver of such requirement. No banners shall
be installed until documentation of insurance coverage is provided to the City.
iv. A minimum notice of thirty (30) days shall be provided to the City in the event
of cancellation or non-renewal of policy(s); provided, however, a ten (10) day
notice shall be acceptable in the event of non-payment of insurance premium(s).
v. Insurers of all policies of insurance shall be licensed or otherwise authorized to
do business in the State of Texas and be otherwise acceptable to the City in
terms of financial strength and solvency.
vi. Deductible limits of required insurance policies shall be acceptable to the City.
vii. Applicable policies shall be endorsed with waiver(s) of subrogation in favor of
the City.
viii. The City shall be entitled, upon its request, and without incurring expense, to
review the Organization's insurance policies including endorsements thereto
and, at the City's discretion,the Contractor may be required to provide proof of
insurance premium payments.
ix. The Commercial General Liability insurance policy required of the Contractor
shall have no exclusions by endorsement unless approved in writing by the City.
x. The City shall never be responsible for the cost of any insurance required of the
Organization.
Banner Program Management Agreement CSC No.
Camp Bowie District Inc. Page 3 of 12
7. Organization is responsible for any damage to City property caused by Organization, its
contractors, subcontractors, employees, agents,visitors or invitees as determined by the City.
8. City's Duties and Responsibilities: The City shall be responsible for repair and replacement
of the electrical components of the Poles as well as repair, and maintenance of the Poles unless
said repair, maintenance and/or replacement is necessitated by Organization, its contractors,
subcontractors, employees, or agents as determined by the City.
9. Organization's Duties and Responsibilities.
a. Organization shall be responsible for the painting and cleaning of the Poles.
b. Organization is responsible for monitoring banners to:
i. ensure the banners remain in good condition during the display period
ii. detect any problems and take corrective action
iii. ensure a dangerous situation or immediate hazard is corrected.
c. Organization is responsible for ensuring that the content of the banners displayed
conform to the Policy.
d. Organization will advise all approved applicants of the following:
i. Generally, Organization will be responsible for the installation of the
banners contemplated by this Agreement. However, applicants seeking to
cause the installation of banners by those other than Organization shall be
required to hire contractors who are licensed and bonded in accordance with
City standards and policies to work in the City's right-of-way and obtain a
Street Use Permit"prior to working in the City's right-of-way.
e. The Organization's contractor must provide commercial general liability insurance
of$1,000,000 for any auto and obtain a Street Use Permit prior to working in the
City's right-of-way.
f. Banner installation shall occur only between the hours of 9:00am to 4:00pm on
weekdays and 30 minutes after sunrise and 30 minutes prior to sundown on
weekends.
10.Notice. Any notices,bills,invoices,or reports required by this Agreement will be conclusively
have been delivered three (3)business days after deposit in the United States mail, in a sealed
envelope with sufficient postage attached,to the addresses listed below or such other addresses
as may from time to time be provided to the other party:
If to the City of Fort Worth:
Banner Program Management Agreement CSC No.
Camp Bowie District Inc. Page 4 of 12
Director
Transportation and Public Works
200 Texas Street
Fort Worth, Texas 76102
If to Contractor:
Camp Bowie District Inc.
Attn: Lydia Rickard
4731 Camp Bowie Boulevard, Suite I
Fort Worth, Texas 76107
11. Indemnification.
a. ORGANIZATION COVENANTS AND AGREES TO,AND DOES HEREBY,
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS
OFFICERS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL
SUITS OR CLAIMS FOR DAMAGES OR INJURIES, INCLUDING, BUT
NOT LIMITED TO DEATH, TO ANY AND ALL PERSONS OR
PROPERTY, WHETHER REAL OR ASSERTED, ARISING OUT OF OR
IN CONNECTION WITH ANY ACT OR OMISSION ON THE PART OF
THE ORGANIZATION, ITS OFFICERS, AGENTS, SERVANTS,
EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS, AND THE
ORGANIZATION DOES HEREBY ASSUME ALL LIABILITY AND
RESPONSIBILITY FOR INJURIES, CLAIMS OR SUITS FOR THE
DAMAGES TO PERSONS OR PROPERTY, OF WHATSOEVER HIND OF
CHARACTER, WHETHER REAL OR ASSERTED, OCCURRING
DURING OR ARISING OUT OF THE PERFORMANCE OF THIS
AGREEMENT AS A RESULT OF ANY ACT OR OMMISION ON THE
PART OFORGANIZATION, ITS OFFICERS, AGENTS, SERVANTS,
EMPOLYEES, REPRESENTATIVES, OR SUBCONTRACTORS. SUCH
INDEMNIFICATION MUST INCLUDE WORKERS' COMPENSATION
CLALIMS OF OR BY ANYONE WHOMSOEVER IN ANY WAY
RESULTING FROM OR ARISING OUT OF ORGANIZATION'S WORK,
SERVICES AND OPERATIONS IN CONNECTION HEREWITH,
INCLUDING BUT NOT LIMTIED TO, OPERATIONS OF
SUBCONTRACTORS.
b. ORGANIZATION MUST LIKEWISE INDEMNIFY, DEFEND AND HOLD
HARMLESS THE CITY FOR ANY AND ALL INJURY OR DAMAGES TO
CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH ANY
AND ALL ACTS OR OMISSIONS OF ORGANIZATION, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS,LICENSEES, OR INVITEES.
Banner Program Management Agreement CSC No.
Camp Bowie District Inc. Page 5 of 12
c. Insurance coverage specified herein constitutes the minimum requirements and
such requirements will in no way lessen or limit the liability of the Organization
under the terms of this agreement. Organization shall procure and maintain, at its
own cost and expense, any additional kinds and amounts of insurance that, in its
own judgment, may be necessary for proper protection in the prosecution of its
work.
12. Independent Contractor. It is expressly understood and agreed that Organization and its
employees, representative, agent, servants, officers, contractors, subcontractors, and
volunteers will operate as independent contractors as to all rights and privileges and worked
performed under this Agreement, and not as agents,representatives or employees of the City.
Subject to and in accordance with the conditions and provision of this Agreement,
Organization will 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,representatives, agents,
servants, officers, contractors, subcontractors, and volunteers. Organization acknowledges
that the doctrine of respondent superior will not apply as between the City and its officers,
representatives, agents, servants and employees, and Organization and its employees,
representative, agents, servants, officers, contractors, subcontractors, and volunteers.
Contractor further agrees that nothing herein will be construed as the creation of a partnership
or joint enterprise between the City and the Organization. It is further understood that the City
will in no way be considered a Co-employer or a Joint Employer of Organization or any
employees, representative, agents, servants, officers, contractors, subcontractors, and
volunteers of Organization. Neither Contractor, nor any officers, agents, servants, employees
or subcontractors of Contractor will be entitled to any wages or employment benefits from the
City. Contractor will be responsible and liable for any and all payment and reporting of taxes
on behalf of itself,and any of employees,representative,agents,servants,officers,contractors,
subcontractors, and volunteers.
13.Amendments. This Agreement may not be amended unless executed in writing by both
Parties.
14. Right to Audit. _Organization agrees that the City shall, have access to and the right to
examine any directly pertinent books, documents, papers and records of the Organization
involving transactions relating to this Agreement._Organization agrees that the City shall have
access during normal working hours to all necessary record and shall be provided adequate
and appropriate workspace in order to conduct audits in compliance with the provisions of this
section. The City shall give Organization reasonable advance notice of intended audits.
15. Compliance with Laws, Ordinances,Rules and Regulations. This Agreement is subject to
all 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 amendment.
Banner Program Management Agreement CSC No.
Camp Bowie District Inc. Page 6 of 12
16. Governmental Powers. It is understood that by execution of this Agreement, the City does
not waive or surrender any of its governmental powers or immunities.
17.Venue and Choice of Law. If, any action,whether real or asserted, at law or in equity, arises
on the basis of any provision of this Agreement, venue for such action will lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern District
of Texas—Fort Worth Division.This Agreement will be construed in accordance with the laws
of the State of Texas.
18. No Third Party Rights. The provisions and conditions of this Agreement are solely for the
benefit of the City and Organization and are not intended to creat3e any rights, contractual or
otherwise,to any other person or entity.
19. Interpretation. In the event of any dispute over the meaning or application of any provision
of this Agreement,this Agreement will be interpreted fairly and reasonably, and neither more
strongly for or against any party,regardless of the actual drafter of this Agreement.
20. Prohibition Against Boycotting Israel. If Contractor has fewer than 10 employees or this
Agreement is for less than $100,000,this section does not apply. Contractor acknowledges
that in accordance with Chapter 2270 of the Texas Government Code, the 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" shall
have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code.
By signing this contract, Contractor certifies that Contractor's signature provides written
verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the Agreement.
REMAINDER OF PAGE INTENTIONALLY BLANK
SIGNATURE PAGE AND EXHIBITS,IF ANY,FOLLOW
Banner Program Management Agreement CSC No.
Camp Bowie District Inc. Page 7 of 12
EXECUTED by each Parry's duly designated representative and EFFECTIVE as of the last date
indicated below:
CITY OF FORT WORTH: CAMP BOWIE DISTRICT INC:
Dam &Uhd,o� � - 1��
Dana Burghdoff(Sep 28,202 0 :08 CDT) Ly W Guajardo RicJ d(Sep K
X02216:26 CDT)
Dana Burghdoff Lydia Rickard
Assistant City Manager President
Date: Sep 28, 2022 Date: Sep 8, 2022
Recommended by:
P
William M. Johnson, Director
Transportation and Public Works
00000000
Approved as to Form and Legality: ATTEST: �LL�0 000
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TAhhO�lO S. GOOGlAII0
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Jannette S.Goodall(Sep 29,2022 14:42 CDT) �j� 00
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Melinda Ramos Jannette S. Goodall aZ[nEXAs�a
Senior Assistant City Attorney City Secretary
M&C:
Date: Sep 27,2022
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.
�4�
Name:
PID Administrator
Title:
OFFICIAL RECORD
CITY SECRETARY
Banner Program Management Agreement CSC No. FT. WORTH, TX
Camp Bowie District Inc. Page 8 of 12
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Banner Program Management Agreement CSC No.
Camp Bowie District Inc. Page 12 of 12
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/09/22 M&C FILE NUMBER: M&C 22-0565
LOG NAME: 17PID19BANNER
SUBJECT
(CD 3 and CD 7)Authorize Execution of an Agreement with Camp Bowie District, Inc., for Management of the City's Vertical Street Banner
Program in the Public Improvement District No. 19-Historic Camp Bowie Boundary and Waiver of Banner Policy Requirement of City Council
Committee Recommendation
RECOMMENDATION:
It is recommended that the City Council Authorize the City Manager to execute a Banner Program Management Agreement for management of the
City's Vertical Street Banner Program in the Public Improvement District No.19-Historic Camp Bowie boundary and waive the Banner Policy
requirement of a City Council committee making a recommendation to the City Council.
DISCUSSION:
On March 12, 1998, the City Council adopted a policy and procedures governing the placement of banners within the public right-of-way in the City
on Mayor and Council Communication(G-12155)(the Banner Policy).
Camp Bowie District Inc., (CBDI) has requested that it be permitted to manage the City's banner program in the Historic Camp Bowie District
areas of the City. CBDI currently is under contract to manage Public Improvement District No. 19(Historic Camp Bowie PID). The specific area in
which CBDI would manage the City's banner program will conform to the boundaries of the PID. CBDI will manage the banner program in
accordance with the City's existing Banner Policy. The term of the proposed agreement will be contemporaneous with the terms of the Public
Improvement District Management Agreements between the City and CBDI for administration of the Historic Camp Bowie PID.
CBDI will be required to maintain insurance in accordance with the Banner Policy. As compensation for its management services under the
agreement, CBDI will charge and retain the fees set forth in the Banner Policy from entities requesting banner placement in the right-of-way and
CBDI will not be subject to payment of any fees. Revenue generated from the banner program shall be retained by CBDI to facilitate the program.
The City Council hereby waives the requirement found in the Banner Policy and Procedures of requiring advance approval and recommendation
from the appropriate City Council Committee.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance Director certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office by: Reginald Zeno 8517
Originating Business Unit Head: Robert Sturns 2663
Additional Information Contact: Crystal Hinojosa 7808