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HomeMy WebLinkAboutContract 60057CITY SECRETARY60057 CONTRACT NO. ADDENDUM TO FACILITY USE POLICY OF DOXOLOGY BIBLE CHURCH BETWEEN THE CITY OF FORT WORTH AND DOXOLOGY BIBLE CHURCH This Addendum to Facility Use Policy of Doxology Bible Church ("Addendum") is entered into by and between Doxology Bible Church ("Vendor") and the City of Fort Worth ("City"), collectively the "parties", for a purchase of licenses. The Contract documents shall include the following: The Facility Use Policy of Doxology Bible Church and this Addendum. The Parties hereby stipulate by evidence of execution of this Addendum below by a representative of each party duly authorized to bind the parties hereto, that the parties hereby agree that the provisions in this Addendum below shall be applicable to the Agreement as follows: 1. Termination. a. Convenience. Either City or Vendor may terminate the Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. b. Breach. If either party commits a material breach of the Agreement, the non - breaching Parry must give written notice to the breaching parry that describes the breach in reasonable detail. The breaching party must cure the breach ten (10) calendar days after receipt of notice from the non -breaching party, or other time frame as agreed to by the parties. If the breaching party fails to cure the breach within the stated period of time, the non -breaching party may, in its sole discretion, and without prejudice to any other right under the Agreement, law, or equity, immediately terminate this Agreement by giving written notice to the breaching party. C. Fiscal Funding Out. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and the Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. d. Duties and Obligations of the Parties. In the event that the Agreement is terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to the effective date of termination and Vendor shall continue to provide City with services requested by City and in accordance with the Agreement up to the effective date of termination. Upon termination of the Agreement for any reason, Vendor shall OFFICIAL RECORD CITY SECRETARY Addendum Page I of 5 FT. WORTH, TX provide City with copies of all completed or partially completed documents prepared under the Agreement. In the event Vendor has received access to City information or data as a requirement to perform services hereunder, Vendor shall return all City provided data to City in a machine readable format or other format deemed acceptable to City. 2. Attorneys' Fees, Penalties, and Liquidated Damages. To the extent the attached Agreement requires City to pay attorneys' fees for any action contemplated or taken, or penalties or liquidated damages in any amount, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 3. Law and Venue. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of laws provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 4. Insurance. The City is a governmental entity under the laws of the state of Texas and pursuant to Chapter 2259 of the Texas Government Code, entitled "Self -Insurance by Governmental Units," is self -insured and therefore is not required to purchase insurance. To the extent the Agreement requires City to purchase insurance, City objects to any such provision, the parties agree that any such requirement shall be null and void and is hereby deleted from the Agreement and shall have no force or effect. City will provide a letter of self -insured status as requested by Vendor. 5. Sovereign Immunity. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. 6. Limitation of Liability and Indemnity. To the extent the Agreement, in any way, limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. 7. No Debt. In compliance with Article 11 § 5 of the Texas Constitution, it is understood and agreed that all obligations of City hereunder are subject to the availability of funds. If such funds are not appropriated or become unavailable, City shall have the right to terminate the Agreement except for those portions of funds which have been appropriated prior to termination. 8. Confidential Information. City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility Addendum Page 2 of 5 of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. 9. Addendum Controlling. If any provisions of the attached Agreement, conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Addendum shall control. 10. Immigration Nationalitv Act. Vendor shall 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, Vendor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Vendor employee who is not legally eligible to perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 11. No Bovcott of Israel. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor 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, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 12. Prohibition on Bovcottina Enerav Companies. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Addendum Page 3 of 5 13. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 14. Right to Audit. Vendor agrees that City shall, until the expiration of three (3) years after final payment under the Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Vendor involving transactions relating to the Agreement. Vendor agrees that City shall have access during normal working hours to all necessary Vendor 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 Vendor reasonable advance notice of intended audits. (signature page follows) Addendum Page 4 of 5 ACCEPTED AND AGREED: CITY: City of Fort Worth 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 Name: Fernando Costa performance and reporting requirements. Title: Assistant City Manager Date: Sep 5, 2023 A�rae� By: AI Henderson (Sep 5, 2023 14:42 CDT) Approval Recommended: Name: Al Henderson Title: ADA/Title VI Coordinator By: coil Approved as to Form and Legality: Name: Christina Broo� Title: Chief Equity Officer/Director Attest: pO�FOHr�pd ;so ��dd Pig° ,.10 B Y' Name: John B. Strong Title: Assistant City Attorney By: �� t dd4ynTE4 4504 Contract Authorization: Name: Jannette S. Goodall M&C: N/A Title: City Secretary VENDOR: Doxology BibleChurch /df� By. Jim UeAry (Sep i, LUL3 11:U (,u 1) Name: Jim Gentry Title: Business Manager Date: Sep11, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Addendum Page 5 of 5 FACILITY USE POLICY OF DOXOLOGY BIBLE CHURCH (Revised 1011012018) 1. Purpose. Doxology Bible Church ("Church") believes that its facility should be available for activities that would reflect the Church's beliefs and desire to be good neighbors in our community. 2. Scope. This facility use Policy ("Policy") applies to the use of any portion of the Church's property and improvements located at 4805 Arborlawn Drive, Fort Worth, Texas ("Facility") by any person or organization seeking to use the Facility for events other than regularly scheduled worship services, and meetings, events, and activities scheduled by Church staff. This Policy limits the use of the Facility to those events that are consistent with the adopted policies, doctrinal beliefs, and teachings of the Church. The Board of Elders has approved this Policy and reserves the right to modify or amend this Policy at any time as it may deem necessary. 3. Priorities for Scheduling. The use of the Facility shall be consistent with the Church's religious, educational, and charitable purposes. All requests for use of the Facility must be approved in writing by the Executive Pastor or the Lead Pastor. 4. Normal priority for use of the Facility is as follows: a. First Priority: Events, activities, and programs of the Church. b. Second Priority: Member use for special occasions. C. Third Priority: Events, activities, and programs of other religious affiliations or nonprofit organizations. d. Fourth Priority: Any other event, activity, or program. The Church reserves the right to approve or deny a request for any particular event notwithstanding the above priority list. 5. Procedure. In order to use the Facility, a completed and signed application must be submitted to the Church's Special Events Coordinator for approval at least 45 days before the date of the requested event. Any exceptions must be approved by the Executive Pastor or Lead Pastor. If approved, a facility use agreement (FUA) will be signed by the Church and the party using the facility (User). 6. Fees and Other Charges.* Fees are usually associated with room use at the Facility. All fees are payable in accordance with the terms of the FUA and due in full a minimum of 15 days before the event. Normal room set up is included in room use fees. After Facility Use Policy Page 1 of 3 normal business hours or Church program hours a maintenance staffing fee or special set up staffing fee of $25.00 per hour or any part of an hour may be charged. User will be advised if any additional fees will be charged at the time the application is approved. 7. Damage Deposit.* A damage deposit may be required prior to use. if there is no damage to the facility or supplies by User or User's caterers, guests, and other invitees, or no additional fees for security or traffic control, the deposit will be refunded within 15 days after the event. The amount of the deposit is usually $1,000.00 and will be disclosed to User at the time the application is approved. Violation of any of the provisions of this Policy may result in forfeiture of User's deposit. 8. Safety and Insurance. User shall be responsible for the oversight and behavior of all persons attending the event by providing appropriate supervision and risk management. All youth activities shall be adequately supervised by an adequate number of responsible adults at all times. Users that are not part of the direct ministry of the Church are expected to have adequate liability insurance for property damage and personal injuries to all who attend the event. The Church may request proof of insurance before approving an application, and that the Church be named as an additional insured on User's insurance policy. 9. Prohibited Uses. The Facility may not be used for any of the following: (a) partisan political groups; (b) for -profit activities from which the Church receives no direct benefit; or (c) any purpose which is not consistent with the goals, purposes, policies, or teachings of the Church. 10. Prohibited Activities. The following activities are strictly prohibited: The use of alcohol is not allowed. b. Smoking and smokeless tobacco use is not allowed. C. Weapons are not allowed, whether or not concealed, except for Sunday morning worship services. d. Furnishings may not be moved from or within the Facility. The Church's maintenance staff will move any furnishings as necessary and set up tables, chairs, and other items as may be provided for in the FUA. e. Nails, tacks, staples, pins, tape, etc. may not be used on the walls, ceilings, floors, or other improvements. f. The Facility must be left in the same or better condition in which it was found. g. Except for Sunday morning worship services, statements, opinions, or editorials concerning religious, cultural, political, or social issues, whether Facility Use Policy Page 2 of 3 written, digital, or verbal, must be approved in advance by the Church staff, and strictly adhered to at the event. h. If security or traffic control is desired by User or required by the Church, a fee of $50.00 per hour per police officer (four-hour minimum) may be assessed and paid when all other fees are due. All security services must be approved by the Church in advance. i. Ticket sales or ads for non -Church events are not allowed unless approved in writing by the Executive Pastor or Lead Pastor. 11. AudioNisual Systems. The Church's audio/visual and lighting control systems may only be used when a technician of the Church is present or by special permission from the Church's Worship Pastor. Any audio and/or visual recording must be approved in advance by the Church's Worship Pastor or Executive Pastor. 12. Rescheduling. Once scheduled, events will generally not be rescheduled or moved. However, the Church reserves the right reschedule an event. 13. Cancellation. The Church reserves the right to cancel an event up to 30 days prior to the event if the Facility is needed for an all -church activity, or for any other reason. 14. No Liability. The Church shall not be liable to User for any expense, loss, claim of loss, or inconvenience whatsoever if an event is rescheduled, moved, or canceled for any reason. My signature below indicates my receipt and understanding of this policy. I also verify that I have been provided with the opportunity to ask questions about the policy. Signature Date * These fees are subject to change without notice and are intended to cover the actual cost to the Church for User's use of the Facility. Under special circumstances, pricing will be negotiated. "Copies of the Church's policies and/or Statement of Faith will be provided upon request. Facility Use Policy Page 3 of 3 APPLICATION FORM AND AGREEMENT The undersigned, being the applicant or an authorized agent of the applicant, applies for permission to use the facility of Doxology Bible Church (the "Church"). As a condition of approval, the undersigned represents that the information provided is true, complete, and correct. Name of Group/Sponsoring Organization: 0 t �\ C ` -( k, Z I. t --A,1A- � � Clfi ��.�1; 11 Contact Person/Responsible Part Date Needed: Hours Needed: c-I 6) Room(s) Needed: �( �1��� 1-t� l t-. �., �a 1 (1U 1�� I' t `_�':� (—� �!)•_) Purpose of Event: ( Total Fees: vo Insurance Requirement: Certificate of Liability Insurance with Doxology Bible Church named as an additional insured. ((Required waived) I certify that I have read and am familiar with the Church's Facility Use Policy; that all safety and fire laws will be observed; that if our event is cancelled, the Church will be immediately notified; that the applicant will undertake no prohibited uses and prohibited activities, or activities which will interfere with other concurrent uses in the Church's Facility; that the applicant does hereby indemnify and hold harmless the Church from any and all loss, claims, damages, liabilities, or judgments, including costs and attorneys fees, which may arise as a result of the applicant's use of the Facility; and that the purposes for which the Church's Facility will be used are consistent with the goals, purposes, and teachings of the Church. For Office Use: Approved by: Date Received: Received by: Signature Al Henderson Print Name ADA/Title VI Coordinator Title City of Fort Worth Diversity and Inclusion Department Name of Applicant/Group August 28, 2023 Date Facilities Use Application Form and Agreement Solo Page