HomeMy WebLinkAboutContract 58229 CSC No. 58229
LICENSE AGREEMENT
BETWEEN THE CITY OF FORT WORTH
AND TEXAS CHRISTIAN UNIVERSITY
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 TEXAS CHRISTIAN
UNIVERISTY,a Texas non-profit corporation('Licensee").
WHEREAS,the City owns and operates Forest Park Swimming Pool,located at 2850 Park Place
Avenue,Fort Worth, Texas 76110;
WHEREAS, Licensee's mission is to encourage participation, fitness, health, and the lifelong
pursuit of excellence through competitive swimming;
WHEREAS, to carry out its mission, Licensee requests to use Forest Park Pool to conduct
their swim team practices;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
Premises 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 holding its swim team practices
("Program")and for no otherpurpose.
Texas Christian University OFFICIAL RECORD
License Agreement
CITY SECRETARY
FT. WORTH, TX
2.2 Licensee shall have exclusive rights to use the Premises during scheduled 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 4 below.
2.3 Either party may request a temporary modification of the schedule set forth in Exhibit B
with ten (10) days' prior 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 for
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 the Premises.
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 the Premises.
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 Forest Park Pool may use the parking spaces at any
time.
2.8 This License Agreement and all 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.
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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 May 1,2021 and expire on October 31, 2022. This agreement
may be renewed for three successive one-year terms upon mutual written agreement of the Parties(each
a"Renewal Term").
3.2 Holdover Tenancy. 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 or to the Premises, except as a tenant atwill.
SECTION 4
LICENSE FEE
4.1 As consideration for the rights and privileges granted hereunder for this License
Agreement,Licensee covenants and agrees to pay to City a sum of Eighty Dollars and No Cents($80.00)
per hour("License Fee") to be paid on a monthly basis in advance. In no event shall the License Fee be
reduced due to cancellation of any programs or events for any reason. Licensee shall pay the License Fee
for the first month on or before the tenth(10t1i)calendar day after the City executes this License Agreement.
Please submit payment to the following address in care of the Aquatics Coordinator: 4200 S. Freeway,
Suite 2200,Fort Worth,TX 76115.
SECTION 5
DUTIES AND RESPONSIBILITIES
5.1 In addition to any other duties and responsibilities set forth in this License Agreement,
Licensee shall:
5.1.1 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 leaming of such Force Majeure 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.
5.1.6 Be solely responsible for initiating, maintaining, and supervising all 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 instructor is present at alltimes.
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5.1.7 Designate a point of contact for Program administration and reporting
requirements ("Program Point of Contact"). The initial Program Point of Contact shall
be:
Texas Christian University Swimming and Diving
Attn: James Winchester,Head Coach
TCU Box 297600
Fort Worth, Texas 76129
Phone: (817)266-5924
Email:j.winchester&tcu.edu
5.1.8 Address complaints related to the Program with 24 hours of notification bythe
City.
5.2 The City shall:
5.2.1 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 intended purpose.
5.2.3 Provide staff to lock and unlock the Premises and ann 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 shall be:
Cory M. Stuhmer,Athletic Coordinator
Park& Recreation Department
4200 S. Freeway, Suite 2200
Fort Worth, Texas 76115 Office:
(817)392-7691
Email:corn.stuhmer&fortworthtexas.aov
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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SECTION 6
BACKGROUND CHECKS AND VOLUNTEER REGISTRATION
6.1 The safety and security of all Program participants are of paramount importance to the City.
Therefore, prior to performing any Program under this Agreement, Licensee, and anyone that will attend or
teach any Program on behalf of or with the Licensee, must pass a thorough background investigation by an
entity approved by the City and consistent with the requirements of the policy attached as Exhibit E.
6.2 Licensee and anyone that will attend or teach any Program on behalf of or with the Licensee
will be subject to future random background investigations and drug testing,as determined by the Director of
the Park & Recreation Department, in that person's discretion. Refusal to submit to a background
investigation or a failure of any background investigation will be cause for immediate termination of this
Agreement.The Director of the Park&Recreation Department,in that person's sole discretion,will determine
failure of a background investigation.
6.3 Licensee and anyone that will attend or teach any Program on behalf of or with the Licensee
will be required to agree to the City's Standards of Conduct located in the City Code. A copy of the Standards
of Conduct is attached as Exhibit F.
6.4 Licensee,and anyone that will attend or teach any Program on behalf of or with the Licensee,
must be 18 years of age or older, except that an assistant instructor who is present with the Licensee during
the Program may be 16 years of age.
SECTION 7
LIENS
7.1 Licensee acknowledges that it has no authority to engage in any act or to make any
contract that may create or be the foundation for any lien upon the property or interest in the property of City.
If any such purported lien is created or filed, 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 or claimed to have been furnished, by, through, or 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 8
CARE OF THE LICENSED PREMISES
8.1 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.
8.2 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
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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 the Director.
8.3 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, or 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 shall be immediately due and payable by the Licensee upon Licensee's receipt of a
written invoice from City.
SECTION 9
FORCE MAJEURE
9.1 If either party is unable,either in whole or part,to fulfill its obligations under thisLicense
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; fires;
floods; restraints or prohibitions by any court, board, department, commission, or agency of the United
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 or 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;
or some other reason beyond the parry'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 City sees fit. Licensee hereby waives any
claims it may have against the City for damages resulting from any such Force Majeure Event.
SECTION 10
LIABILITY AND INDEMNIFICATION
10.1 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.
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10.2 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, 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.
10.3 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.
10.4 It is agreed with respect to any legal limitations 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.
10.5 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 officers,
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 shall
notify City as required by Licensee in this subsection.
10.6 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 11
AUDIT
11.1 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
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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.
11.2 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 or
subcontractor involving transactions of the contract or 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 contractor and subcontractor reasonable advance notice of intended audits.
SECTION 12
CHARITABLE IMMUNITY
12.1 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
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
City. 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 13
TERMINATION
13.1 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.
13.2 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 performance 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.
13.3 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 terminate the
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.
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13.4 Licensee's Duties Upon Expiration or Termination.
13.4.1 Prior to the effective date for expiration or termination of this License
Agreement, Licensee shall promptly remove all 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.
13.4.2 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.
13.4.3 Upon termination, all funds owed to the City shall be due and payable by the
tenth (10') calendar day after the effective date of termination, unless stated otherwise
in this License Agreement.
13.5 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 may pursue
any and all rights and remedies or relief provided by law,whether or not stated in this License Agreement.
SECTION 14
RIGHT OF ENTRY AND INSPECTION
14.1 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 15
LICENSES AND PERMITS
15. 1 Licensee shall, at its sole expense, obtain and keep in effect all licenses and permits
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necessary for its operations.
SECTION 16
NOTICES
16.1 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 Texas Christian University
Park& Recreation Director Attn: Kenneth Janak
4200 South Freeway, Suite 2200 TCU Box 297600
Fort Worth, Texas 76115 Fort Worth,Texas 76129
With copies to:
City of Fort Worth
Attn: Assistant City Attorney and Assistant City Manager
200 Texas Street
Fort Worth,Texas 76102
Or to such other address as such party may hereafter designate by notice in writing addressed and mailed
or delivered to the other party hereto.
SECTION 17
NON-DISCRIMINATION
17.1 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 opportunity employer and shall comply with all applicable laws and regulations in any
employment decisions.
17.2 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 18
VENUE AND CHOICE OF LAW
18.1 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.
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SECTION 19
THIRD-PARTY RIGHTS AND ASSIGNMENTS
19.1 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.
19.2 Licensee agrees that it will not subcontract or assign all or 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 be void.
SECTION 20
BINDING COVENANTS
20.1 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,if any.
SECTION 21
INDEPENDENT CONTRACTOR
21.1 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,
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 City 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 22
AMENDMENTS,CAPTIONS,AND INTERPRETATION
22.1 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.
22.2 Captions and headings used in this License Agreement are for reference purposes only and
shall not be deemed a part of this License Agreement.
22.3 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
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or against any parry,regardless of the actual drafter of this License Agreement.
SECTION 23
GOVERNMENTAL POWERS AND EMIUNITIES
23.1 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 24
AUTHORIZATION AND COUNTERPARTS AND ELECTRONIC SIGNATURES
24.1 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.
24.2 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 file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
SECTION 25
SEVERABILITY AND NO WAIVER
25.1 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 or
provisions of this License Agreement.
25.2 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 26
COMPLIANCE WITH LAWS
26.1 This License 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 amended.
26.2 If City notifies Licensee or any of its officers, agents, employees, contractors,
subcontractors, licensees, volunteers, or invitees of any violation of such laws, ordinances, rules or
regulations,Licensee shall immediately desist from and correct the violation.
SECTION 27
SOLE AGREEMENT
27.1 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
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any lawful assign and successor of Licensee, as to the matters contained herein. Any prior or
contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with
any provision of this License Agreement.
SECTION 28
IMMIGRATION NATIONALITY ACT
28.1 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 all 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 29
BOYCOTTING ISRAEL PROHIBITED
29.1 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 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)
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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: Licensee: Texas Christian University
By: K
Name: Jesica McEachern By:
Title: Assistant City Manager Name: Kenneth Janak
Oct 11 , 2022 Title: Senior Associate AD/CFO
Date: Date: Sep 12, 2022
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended: Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
By: of this contract, including ensuring all performance
Name: Dave Lewis and reporting requirements.
Title: Acting Director
Park& Recreation Department Qr
By:
Cory Stu hmer(Oct 5,2022 12:10 CDT)
Approved as to Form and Legality: Name: Cory Stuhmer
Title: Athletic Coordinator
ALL Park& Recreation Department
By: Nico Arias(Sep 19,2022 08:24 CDT)
Name: Nico Arias
Title: Assistant City Attorney City Secretary:
a 11
.7g��e��e S Goo�lgGG X of°FoRt0za
Contract Authorization By: Jannette S.Goodall(Oct 12,2022 14:45 CDT) ��o° 00���
M&C: N/A Name: Jannette S. Goodall P~g 00A
Form 1295: N/A Title: City Secretary �O o o=d
°oc00000 A
and*XA SoAo
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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EXHIBIT A
PREMISES
Forest Park Pool,located at 2850 Park Place Avenue,Fort Worth, TX 76110
Ap
-Anna- An_
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EXHIBIT B
PROGRAM
PROGRAM: Texas Christian University Swim& Dive Practices
SCOPE OF SERVICE: Swimming workout/training for TCU swimmers.
PROGRAM FEE:
$80.00,per hour pool rental.
LOCATION: Forest Park Pool,2850 Park Place Avenue,Fort Worth, TX76110
DAY LOCATION START END START END
TIME TIME TIME TIME
Mon Forest Park Pool 6:30am 8:30am 2:OOpm 4:OOpm
Tue Forest Park Pool 6:30am 8:30am 2:OOpm 4:OOpm
Wed Forest Park Pool 6:30am 8:30am 2:OOpm 4:OOpm
Thu Forest Park Pool 6:30am 8:30am 2:OOpm 4:OOpm
Fri Forest Park Pool 6:30am 8:30am 2:OOpm 4:OOpm
Sat Forest Park Pool 8:30 am 10:30am
Sun
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EXHIBIT C
INSURANCE
1. City 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 general liability 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 all 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 or 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.
2. 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 specified 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 Coverages and Limits
i. Commercial General Liability(CGL)Insurance
a. $1,000,000 each occurrence
b. $2,000,000 aggregate limit
it. Business Automobile Liability 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,
hired, and non-owned when said vehicle is used in the course of the event
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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 benefits of an injured Program
Participant,with a maximum deductible of$250.00
f. $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 benefits 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 cer ificate(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 City 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.
vii. In the event there are any local,federal or other regulatory insurance or bonding requirements for
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Licensee's operations, and such requirements exceed those specified herein, the former will
prevail.
viii. Licensee will contact the Park Director, as applicable, to determine whether any contractors or
subcontractors will need to provide insurance.
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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 ("Pool'), has inherent risks. As a condition precedent to my use of the Pool, 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 dischame 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 Pool. 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,ne2li2ence,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 ofthe 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 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.
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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 12021.
Participant Information
Printed Name
Address
Signature
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EXHIBIT E
BACKGROUND SCREENING POLICY
Volunteer Background Screening Policy City of Fort Worth
PURPOSE:
To establish a background screening procedure that not only raises public awarenessof quality programs
offered but also ensures the safety of all participants, particularly the most vulnerable groups such as
children, elderly and intellectually challenged.
GUIDING PRINCIPLES:
1. The City provides opportunities for community members to share their gifts and talents
through volunteer experiences.
2. The City recognizes the importance volunteerism plays in the bigger picture of community
wellness.
3. The City places the highest priority on the safety of its customers, staff and volunteers
who choose to serve with us.
OBJECTIVES:
1. To conduct a criminal background screening program based on the National Recreation and
Park Association's Recommended Guidelines forCredentialing Volunteers.
2. To conduct criminal background screenings in a timely manner on volunteers assigned to
work with vulnerable populations.
3. To maintain confidentiality to the extent allowed by law of volunteers who willingly submit to
screening.
DEFINITIONS:
1. Volunteers shall be defined as anyone who,without compensation,performs a task at the
direction of and on behalf of the city.A volunteer or representative for an approved volunteer
group must be officially accepted and enrolled by the department prior to performance of the
task.
2. Social Security Verification is a screening used to verify the name of every volunteer against
the Social Security Number provided. This helps to eliminate the possibility of false names
and/or information.
a. Social Security verifications area critical first step in the process as they help to
ensure that the name and other personal data given by the applicant are accurate.
b. Volunteers who do not have a Social Security Number,or choose not to provide one,
should provide two forms of ID with matching identifiers.
i. Driver's license or state-issued ID,birth certificate,passport,etc.
3. Address Trace is a screening used to verify the current address and identify any previous
addresses of every volunteer. This information is utilized to determine the jurisdiction in which
the background screening is conducted.
4. State or County Criminal Records Check is a statewide or countywide (depending on the
jurisdiction)criminal record check performed to capture all misdemeanor and felony
convictions in that jurisdiction. The search shouldbe conducted in the jurisdiction with the
longest and most current residency.
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5. National Criminal History Database Search is used to supplement the local criminal history
search. There is no one national record check whether through the government or private sector
that identifies every crime ever committed. However,there are now criminal history databases
available that contammillions of criminal records and cover much of the United States. This is
beneficial in expanding the search across the country but should not be used as a standalone
source background screening.
6. Sex Offender Registry conducts a search of the appropriate state sex offender registries based
on the address history.
7. Timely Results should be returned within ten(10)business days to allow for proper
planning and assignment of volunteers.
8. Volunteer Coordinator shall be defined as the person who oversees the coordination
of volunteer programs for a department or City overall.
9. Vulnerable Populations shall be defined as youth,elderly or intellectually challenged.
PROCEDURES:
I. PROGRAM INFORMATION
A. A third-party public information vendor will conduct background checks following the National
Recreation and Park Association's Recommended Guidelines for Credentialing Volunteers.
That process includes generating the following in a timely manner:
1. Social Security Verification
2. Address Trace
3. State or County Criminal Records Check
4. National Criminal History Database Search
5. Sex Offender Registry
B. Background check records will be accessible to the Volunteer Coordinator and Department
Records Manager. Staff will only be notified of volunteer acceptance or denial. Details of the
background check will be kept confidential.
C. Volunteers who elect not to authorize screening shall not be eligible to work in volunteer
positions that work directly with vulnerable populations or in roles of increased responsibility.
D. Background screening exceptions include one-time public events where volunteers would not
be working with vulnerable populations or one-time public events where volunteers could be
working around vulnerable populations in a supervised,public and non-relational role.
Example: one-time major public events, clean-ups and adult programs.
E. A volunteer photo identification system will be implemented in accordance with the National
Recreation and Park Association's guidelines for volunteerphoto identification.
II. PROGRAM PROCEDURES
A. REQUIREMENTS FOR VOLUNTEER BACKGROUND SCREENINGS
1. Valid Driver's License or Identification Card
2. Social Security Number(if applicable)
3. Completed Volunteer Application
4. Completed Background Check Registration
5. Signed Consent to Release Information or online acceptance of policies
B. REGULATIONS
1. All volunteers or volunteer representatives who are representing an approved volunteer
group are required to complete a volunteer application,and those working with
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vulnerable populations must complete a background screening before beginning an
assignment.
a. Volunteer groups working in an activity position that is subject to background
screenings per this policy(Section I.D.)will be required to have individual
applications and screenings for each volunteer.
b. Volunteers,depending on their position,may be subject to additional
screening.
2. Each criminal background screen is reviewed against this policy and a
determination is based on the adopted recommended criteria for exclusion.
a. The recommended criteria for exclusion serve as aminimum
qualification;however,depending on the activity position,volunteers
may be subject to higher criteria for exclusion as determined by that
specific position's qualifications.
3. Following review,the volunteer and requesting division and/or facility manager are
notified within ten(10)business days regarding the results of the applicant's criminal
background screening.
a. Applicants with questions regarding their background screening results shall set
up an appointment to meet with the department Volunteer Coordinator. The
contents of this policy will not be up for debate;the department Volunteer
Coordinator will provide contact information for the background screening
vendor to address questions regarding results provided to the department.
4. Volunteer background screenings shall be done annually on all positions that work
with vulnerable populations.
5. Volunteers must be properly screened for each new assignment.
6. Volunteers working with vulnerable populations must be monitored by staff.
III. DISQUALIFICATIONS
A person shall be disqualified and prohibited from serving as a credentialed volunteer if the person has
been found guilty of the following crimes.
For purposes of this policy, guilty shall mean that a person was found guilty following a trial, entered a
guilty plea, entered a no-contest plea accompanied by a court finding of guilt(regardless of adjudication or
deferment)or received court-directed programs in lieu of conviction.
A. SEX OFFENSES
1. All sex offenses regardless of the amount of time since offense.
a. To include sex offenses where the final adjudication or final pleawas of a lesser-
included sentence or non-sex-related statute(i.e., Indecency with a Child pled to
Injury to a Child).
b. Examples include but are not limited to: Sexual Assault,Indecency with a
Child,Prostitution,Online Solicitation of a Minor,Indecent Exposure,etc.
B. FELONIES
1. All violence-related felony offenses regardless of the amount of time since offense.
a. Examples include but are not limited to: Murder,Manslaughter,
Aggravated Assault,Kidnapping,Robbery,etc.
2. All felony offenses other than violence or sex within the past ten(10)years.
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a. Examples include but are not limited to: Drug Offenses,Theft(including
Embezzlement),Fraud,Abandoning or Endangering aChild,etc.
C. MISDEMEANORS
1. All misdemeanor violent offenses within the past seven(7)years.
a. Examples include but are not limited to: Assault(including Domestic Violence),
Deadly Conduct, Terroristic Threat,etc.
2. All misdemeanor drug and alcohol offenses within the past five (5)years or multiple
offenses in the past ten(10)years.
a. Examples include but are not limited to: Driving While Intoxicated,Drug Possession
charges(including Paraphernalia),Public Intoxication,etc.
3. Any other misdemeanor within the past five (5)years that would be considered a potential
danger to children or is directly related to the functions of that volunteer.
a. Examples include but are not limited to: Contributing to the Delinquency of a
Minor, Providing Alcohol to a Minor,Theft(if person is handling monies),etc.
D. PENDING CASES
1. Individuals found to have pending court cases for any of the disqualifying offenses will be
disqualified. If the disposition of the pending case does not meet the criteria for
disqualification as listed above,the individual would then be cleared and reinstated.
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EXHIBIT F
STANDARDS OF CONDUCT
§ 2-238 STANDARDS OF CONDUCT.
https://codelibrary.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-1727
(a) No officer, employee or advisory board member shall knowingly:
(1) Accept or solicit, or knowingly allow his or her spouse or domestic partner to accept or solicit, any
benefit from any person,group or business entity that might reasonably tend to influence the officer,employee
or advisory board member in the discharge of his or her official duties;
(2) Grant in the discharge of his or her official duties any improper benefit to any person, group or
business entity;
(3) Accept or solicit, or knowingly allow his or her spouse or domestic partner to accept or solicit, any
benefit,including a promise of future employment,of sufficient economic value that it might reasonably tend
to influence the officer, employee or advisory board member in the discharge of his or her official duties,
from any person,group or business entity:
a. That is licensed or has a substantial interest in any business entity that is licensed by any city
department,agency, commission or board on which the officer,employee or advisory board member serves;
or
b. That has a financial interest in any proposed ordinance or decision upon which the officer,employee
or advisory board member may or must act or make a recommendation;provided,however,that any officer,
employee or advisory board member, and any spouse or domestic partner thereof, may accept travel and
related expenses and attend ceremonial functions, provided that such acceptance and attendance have been
approved by the city council prior to the occurrence of the ceremonial function.
(4) a. Disclose any confidential information gained by reason of the position of the officer, employee
or advisory board member concerning the property, operations, policies or affairs of the city, or use such
confidential information to advance any personal interest, financial or otherwise, of such officer, employee
or advisory board member,or others.
b. This subsection (a)(4) shall not preclude disclosure of such confidential information in connection
with any investigation or proceeding regarding whether there has been a violation of the standards of conduct
set forth in this article.
(5) Use one's position or office of employment, or city facilities, personnel, equipment or supplies for
the private gain of the officer,employee or advisory board member,or for the private gain of his or her spouse
or domestic partner.
(6) Engage or knowingly allow his or her spouse or domestic partner to engage in any exchange,
purchase or sale of property,goods or services with the city,except:
a. Rendering services to the city as an officer,employee or advisory board member;
b. The paying of taxes,fines,utility service or filing fees;
c. Subject to restrictions contained in the City Charter, executing and performing any community
facilities contract or plat in compliance with laws and regulations applicable to any person; provided,
however, that if any city ordinance, rule or regulation allows any discretion by the appropriate officers or
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employees in the interpretation or enforcement of such ordinance,rule or regulation any such discretion shall
be exercised in favor of the city in connection with any such community facilities contract or plat; and
d. Members of advisory boards who are not otherwise officers or employees of the city, may engage
in any exchange, purchase or sale of property, goods or services with the city, or enter into a contract with
the city, provided, however, that the board of which they are a member has no advisory function or
cognizance, direct or indirect,present or prospective,with respect to the transaction in which such advisory
board member engages or proposes to engage.
(b) No salaried officer or employee shall knowingly represent,directly or indirectly, any person, group
or business entity:
(1) Before the city council or any department agency,board or commission of the city;
(2) In any action or proceeding against the interests of the city or in any litigation in which the city or
any department, agency,board or commission thereof is a party;or
(3) In any action or proceeding in the municipal courts of the city which was instituted by an officer or
employee in the course of official duties,or a criminal proceeding in which any officer or employee is a
material witness for the prosecution.
(c) No member of a city board or commission, other than a task force, shall knowingly represent,
directly or indirectly, any person, group or business entity:
(1) Before the board or commission of which he or she is a member;
(2) Before aboard or commission which has appellate jurisdiction over the board or commission of
which he or she is a member;
(3) Before the city council in a matter over which the board or commission of which he or she is a
member has authority or an advisory function, direct or indirect, present or prospective, provided that a
member of an advisory board who has been elected or appointed to serve as chair or acting chair may present
a recommendation to the city council on a matter over which the advisory board has authority if a majority
of the members of the advisory board have voted in favor of such recommendation;
(4) In any action or proceeding against the interests of the city or in any litigation in which the city or
any department, agency,board or commission thereof is a party;or
(5) In any action or proceeding in the municipal courts of the city which was instituted by an officer or
employee in the course of official duties,or a criminal proceeding in which any officer or employee is a
material witness for the prosecution.
(d) No member of a task force shall knowingly represent, directly or indirectly, any person,group or
business entity:
(1) Before aboard or commission which has appellate jurisdiction over the task force of which he or
she is a member;or
(2) Before the city council in a matter over which the task force of which he or she is a member has an
advisory function,provided that a member of task force who has been elected or appointed to serve as chair
or acting chair may present a recommendation to the city council on a matter over which the task force has
authority if a majority of the members of the task force have voted in favor of such recommendation.
(e) The restrictions in this section do not prohibit the following:
Texas Christian University
License Agreement Page 27 of 28
(1) An employee or member of a city board or commission(other than city council),or his or her spouse
or domestic partner, appearing before the city council or a city department, agency,board or commission to
represent himself or herself in a matter affecting his or her property: provided,however,that no such person,
or his or her spouse, shall appear before the board or commission of which he or she is a member;
(2) An employee or officer of an employee organization appearing before the city council or a city
department,agency,board or commission to address employment matters;
(3) Otherwise eligible employees or their spouses or domestic partners from participating in federal or
state-funded programs administered through the City of Fort Worth where the benefits of such programs are
available to members of the general public and where the employee has no administrative, evaluative or
decision-making authority concerning the program in which he or she wishes to participate;
(4) A partner,associate or relative of a member of the city council,or of a salaried officer or employee,
from representing a person,group or business entity in an action or proceeding in the municipal courts of the
city which was instituted by an officer or employee in the course of official duties,or in a criminal proceeding
in which an officer or employee is a material witness for the prosecution; or
(5) A member of a task force from participating in or voting on any matter before the task force to which
the member has been appointed,notwithstanding any other provision of this section.
(Ord. 20548-12-2012, § 1,passed 12-18-2012,eff. 12-22-2012)
Texas Christian University
License Agreement Page 28 of 28
Permit I Fort Worth Online Reservations &Registrations https:/lane.apm.activecommunities.comlcityoffortworthlreseraation/...
Permit FORT WORTH.,
English-
Park and Recreation PHONE: (817)392-5718 Permit# R28282
Administration FAX: (817)392-5117 Status Approved
4200 South Freeway#2200 EMAIL: Date Aug 24,2022 12:50 PM
Fort Worth,TX,US 76115 parkreservations@fortworthtexas.gov
�rin.V'Yaiver Ori rle Here
Step 1-Sign in to view your account
Step 2-Under Payment and Order Management-Click on"Transactions and Payment History"
Step 3-At the top of the page-Select"View transactions that need attention"
Step 4-Scroll dawn and click"Sign now"to sign required waivers
Organization Name Texas Christian University-708 Organization Phone (817)266-5924
Customer Type Non-Profit Number
Organization Address PO BOX TCU 297011 Organization Phone 2 (817)257-5646
Fort Worth,TX 76129 Number
Agent Name James Winchester-Texas Christian Primary Phone (817)266-5924
University Number
Cell Phone Number (817)257-5646
Email Address j.winchesteratcu.edu
System User 406284
Rental Fee $5,600.00
Discounts $0.00
Subtotal $5,600.00
Deposits $0.00
Deposit Discounts $0.00
Total Permit Fee $5,600.00
Total Payment $0.00
Refunds $0.00
Balance $5,600.00
TCU Swim 1 resource(s) 34 booking(s) Subtotal:$5,600,00
Booking Summary
Forest Park Pool(Aquatics-Pool Rental) Center:Forest Park Pool
START DATE/TIME END DATEITIME I ATTENDEE AMT W/O TAX
Jun 13,2022 6:31 AM Jun 13,2022 8:31 AM
Occurs on selected dates:Jun 13,2022,Jun 14,2022,Jun 15,2022,Jun 16,2022,Jun 17 2022,Jury 20,2022,Jun 21,2022,
Jun 22,2022,Jun 23,2022,Jun 24,2022,Jun 27 2022,Jun 28,2022,Jun 29, 2022,Jun 30, 2022,Jul 1,2022,Jul 5,2022,
Jul 6,2022,Jul 7 2022,Jul 8,2022,Jul 11,2022,Jul 12,2022,Jul 13,2022,Jul 14, 2022,Jul 15,2022,Jul 18,2022, Jul 19,
2022,Jul 20,2022,Jul21,2022,Jul22,2022,Ju125,2022,Jul26, 2022,Jul27,2022,Jul 28,2022,Jul29,2022
liin 1A ')0'1-7 (;-ql AM lien 1� 7f177 R-?l AM 1 sign lr)
1 of 3 9/6/22, 1:52 PM
Perrnit I Fort Worth Online Reservations&Registrations https://anc.apm.activecommunities.com/cityoffortworth/reservation/...
Swim Team Practice $80.00/Hour x 2 $160.00
Jun 14,2022 6:31 AM Jun 14,2022 8:31 AM 1 $0.00
Jun 15,2022 6:31 AM Jun 15,2022 8:31 AM 1 $0.00
Jun 16,2022 6:31 AM Jun 16,2022 8:31 AM 1 $0.00
Jun 17,2022 6:31 AM Jun 17,2022 8:31 AM 1 $0.00
Jun 20,2022 6:31 AM Jun 20,2022 8:31 AM 1 $0.00
Jun 21,2022 6:31 AM Jun 21,2022 8:31 AM 1 $0.00
Jun 22, 2022 6:31 AM Jun 22,2022 6:31 AM 1 $0.00
Jun 23,2022 6:31 AM Jun 23,2022 8:31 AM 1 $0,00
Jun 24,2022 6:31 AM Jun 24,2022 8:31 AM 1 $0.00
Jun 27,2022 6:31 AM Jun 27,2022 8:31 AM 1 $0.00
Jun 28,2022 6:31 AM Jun 28,2022 8:31 AM 1 $0.00
Jun 29,2022 6:31 AM Jun 29,2022 8:31 AM 1 $0.00
Jun 30,2022 6:31 AM Jun 30,2022 8:31 AM 1 $0.00
Jul 1,2022 6:31 AM .Jul 1,2022 8:31 AM 1 $0.00
Jul 5,2022 6:31 AM Jul 5,2022 8:31 AM 1 $0.00
Jul 6,2022 6:31 AM Jul 6,2022 8:31 AM 1 $0.00
Jul 7,2022 6:31 AM Jul 7,2022 8:31 AM 1 $0.00
Jul 8,2022 6:31 AM Jul 8,2022 8:31 AM 1 $0.00
Jul 11,2022 6:31 AM Jul 11,2022 8:31 AM 1 $0.00
Jul 12,2022 6:31 AM Jul 12,2022 8:31 AM 1 $0.00
Jul 13,2022 6:31 AM Jul 13,2022 8:31 AM 1 $0.00
Jul 14,2022 6:31 AM Jul 14,2022 8:31 AM 1 $0.00
Jul 15,2022 6:31 AM Jul 15,2022 8:31 AM 1 $0.00
Jul 18,2022 6:31 AM Jul 18,2022 8:31 AM 1 $0.00
Jul 19,2022 6:31 AM Jul 19,2022 8:31 AM 1 $0.00
.Jul 20,2022 6:31 AM Jul 20,2022 8:31 AM 1 $0.00
.Jul 21,2022 6:31 AM Jul 21,2022 8:31 AM 1 $0.00
Jul 22,2022 6:31 AM Jul 22,2022 8:31 AM 1 $0.00
Jul 25,2022 6.31 AM Jul 25,2022 8:31 AM 1 $0.00
Jul 26,2022 6:31 AM Jul 26,2022 8:31 AM 1 $0.00
Jul 27,2022 6:31 AM Jul 27,2022 8:31 AM 1 $0.00
2 of 3 9/6/22, 1:52 PM
Permit I Fort Worth Online Reservations &Re-istrations https://anc.apm.activecommunities.com/cityoffortwoi-h/reservation/...
Jul 28,2022 6:31 AM Jul 28,2022 8:31 AM 1 $0.00
Jul 29,2022 6:31 AM Jul 29,2022 8:31 AM 1 $0.00
Resource level fees $5,440.00
Swim Team Practice $80.00/Hour x 68 $5,440.00
Payment Schedules Original Balance:$5,600.00 Current Balance:$5,600.00
DUE DATE AMOUNT DUE AMOUNT PAID WITHDRAWAL ADJUSTMENT BALANCE
Aug 26,2022 $5,600.00 $0.00 $0.00 $5,600.00
X: X: kes-&'Qom/
Date: Date: Sep 12, 2022
Park and Recreation Administration Texas Christian University
Mailing Address:4200 South Freeway#2200,Fort Worth,TX Customer Type:Non-Profit
76115 Customer Id:23239
Phone Number:(817)392.5718 Mailing Address:PO BOX TCU 297011,Fort Worth,TX
Fax Number:(817)392-5117 76129
Email Address:parkreservations@fortworthtexas.gov Organization Phone 1 Number:(817)266-5924
Organization Phone 2 Number:(817)257-5646
Authorized Agent Name:James Winchester-Texas Christian University
Primary Phone Number:(817)266-5924
Calf Phone Number:(817)257-5646
Email Address:j.winchesterCatcu.edu
3 of 3 9/6/22, 1:52 PM
Permit I Fort Worth Online Reservations &Re-istrations https://ane.apm.actiN,ecommunities.com/cityoffortworth/1-eserl'ation/...
INVOICE `10RT WORTH
English-
Park and Recreation PHONE: (817)392-5718 INVOICE#28282
Administration FAX: (817)392-5117 Status Approved
4200 South Freeway#2200 EMAIL: Date Aug 24,2022 12:50 PM
Fort Worth,TX,US 76115 parkreservations@fortworthtexas.gov
Step 1-Sign in to view your account
Step 2- Under Payment and Order Management- Click on"Transactions and Payment History"
Step 3-At the top of the page-Select"View transactions that need attention"
Step 4-Scroll down and click"Sign now"to sign required waivers
Organization Name Texas Christian University-708 Organization Phone 1 (817)266-5924
Customer Type Non-Profit Number
Organization Address PO BOX TCU 297011 Organization Phone 2 (817)257-5646
Fort Worth,TX 76129 Number
Agent Name James Winchester-Texas Christian Primary Phone (817)266-5924
University Number
Cell Phone Number (817)257-5646
Email Address j.winchester@tcu.edu
System User 406284
Rental Fee $5,600.00
Discounts $0.00
Subtotal $5,600.00
Deposits $0.00
Deposit Discounts $0.00
Total Permit Fee $5,600.00
Total Payment $0.00
Refunds $0.00
Balance $5,600.00
YCU Swim 1 resource(s) 34 booking(s) Subtotal:$5,600.00
Booking Summary
Forest Park Pool(Aquatics-Pool Rental) Center:Forest Park Pool
START DATE/TIME I END DATE/TIME j ATTENDEE AMT W/O TAX
Jun 13,2022 6:31 AM Jun 13, 2022 8:31 AM
Occurs on selected dates:Jun 13,2022,Jun 14,2022,Jun 15,2022,Jun 16,2022,Jun 17 2022,Jun 20,2022,Jun 21,2022,
Jun 22,2022,Jun 23,2022,Jun 24,2022,Jun 27 2022,Jun 28,2022,Jun 29, 2022,Jun 30, 2022,Jul 1,2022,Jul 5,2022,
Jul 6,2022,Jul 7 2022,Jul 8,2022,Jul 11 2022,Jul 12,2022,Jul 13,2022,Jul 14, 2022,Jul 15,2022,Jul 18,2022,Jul 19
2022,Jul20,2022,Ju121,2022,Jul22, 2022,Ju125, 2022,Jul26,2022,Jul 27,2022,Jul 28,2022,Jul 29,2022
It in 1R 7n'7'7 F,•'q1 AM It in 1R )n77 R-?l AM 1 'Z1R,n nn
l of 3 9/6/22, ):52 PM
Permit I Fort Worth Online Reservations&Registrations https://anc.apm.activecommunities.corn/cityoffortii ortli/reserN,ation/...
Swim Team Practice $80.00/Hour x 2 $160.00 v Yv v V
Jun 14,2022 6:31 AM Jun 14.2022 8:31 AM 1
$O.Ofl
Jun 15,2022 6:31 AM Jun 15,2022 8:31 AM 1 $0.00
Jun 16,2022 6:31 AM Jun 16,2022 8:31 AM 1
$0.00
Jun 17,2022 6:31 AM Jun 17,2022 8:31 AM 1 $0.00
Jun 20,2022 6:31 AM Jun 20,2022 8:31 AM 1
$0.00
Jun 21,2022 6:31 AM Jun 21,2022 8:31 AM 1 $0.00
Jun 22, 2022 6:31 AM Jun 22,2022 8:31 AM 1
$0.00
Jun 23,2022 6:31 AM Jun 23,2022 8:31 AM 1
$0.00
Jun 24,2022 6:31 AM Jun 24,2022 8:31 AM 1 $0.00
Jun 27,2022 6:31 AM Jun 27,2022 8:31 AM 1
$0.00
Jun 28,2022 6:31 AM Jun 28,2022 8:31 AM 1 $0.00
Jun 29,2022 6:31 AM Jun 29,2022 8:31 AM 1 $0.00
Jun 30,2022 6:31 AM Jun 30,2022 8:31 AM 1
$0.00
Jul 1,2022 6:31 AM Jul 1,2022 8:31 AM 1 $0.00
Jul 5,2022 6:31 AM Jul 5,2022 8:31 AM 1 $0.00
Jul 6,2022 6:31 AM Jul 6,2022 8:31 AM 1
$0.00
Jul 7,2022 6:31 AM Jul 7,2022 8.31 AM i $0.00
Jul 8,2022 6:31 AM Jul 8,2022 8:31 AM 1 $0.00
Jul 11,2022 6:31 AM Jul 11,2022 8:31 AM 1 $0.00
Jul 12,2022 6:31 AM Jul 12,2D22 8:31 AM 1 $0.00
Jul 13,2022 6:31 AM Jul 13,2022 8:31 AM 1
$0.00
Jul 14,2022 6:31 AM Jul 14,2022 8:31 AM 1
$oAD
Jul 15,2022 6:31 AM Jul 15,2022 8:31 AM 1
$0.00
Jul 18,2022 6:31 AM Jul 18,2022 8:31 AM 1 $0.00
Jul 19,2022 6:31 AM Jul 19,2022 8:31 AM 1
$0.00
Jul 20,2022 6:31 AM Jul 20,2022 8:31 AM 1 $0.00
.Jul 21,2022 6:31 AM Jul 21,2022 8:31 AM 1 $0.00
Jul 22,2022 6:31 AM Jul 22,2022 831 AM 1
$0.00
Jul 25,2022 6.31 AM Jul 25,2022 8:31 AM 1 Zoo
Jul 26,2022 6:31 AM Jul 26,2022 8:31 AM 1 $0.00
Jul 27,2022 6:31 AM Jul 27,2022 8:31 AM 1 $0.00
2 of 3
9/6/22, 1:52 PM
Permit)Fort Worth Online Reservations&Registrations https:/lanc.apm.activccommunities.com/f ityoffortNvorth/reservation/...
Jul 28,2022 6:31 AM Jul 28,2022 8:31 AM 1 $0.00
Jul 29,2022 6:31 AM Jul 29,2022 8:31 AM 1 $0.00
Resource level fees $5 440 00
Swim Team Practice $80.00/Hour x 68 $5,440.00
Payment Schedules Original Balance:$5,600.00 Current Balance:$5,600.00
DUE DATE AMOUNT DUE AMOUNT PAID ( WITHDRAWAL ADJUSTMENT BALANCE
Aug 26,2022 $5,600.00 $0.00 $0,00 $5,600.00
X: X:
Date: Date: Sep 12, 2022
Park and Recreation Administration Texas Christian University
Mailing Address:4200 South Freeway#2200,Fort Worth,TX Customer Type:Non-Profit
76115 Customer Id:23239
Phone Number:(817)392.5718 Mailing Address:PO BOX TCU 297011,Fort Worth,TX
Fax Number:(817)392-5117 76129
Email Address:parkreservationscafortworthtexas.gov Organization Phone 1 Number:(817)266-5924
Organization Phone 2 Number:(817)257-5646
Authorized Agent Name:James Winchester-Texas Christian university
Primary Phone Number:(817)266-5924
Cell Phone Number:(817)257-5646
Email Address:j.winchesterCqtcu.edu
3 of 3 9/6/22, 1:52 PM