HomeMy WebLinkAboutContract 60145CSC No. 60145
AGREEMENT FOR THE USE OF FACILITIES
This agreement by and between Broadwav Baptist Church of Fort Worth, TX ("Owner"), the Citv of Fort
Worth, and Tarrant Countv Homeless Coalition ("Users") for the period September 18, 2023 —March 17,
2024, along with requests for additional usage as determined necessary in conjunction with the needs of
the parties.
Whereas, Owner owns a building located at 305 West Broadwav, Fort Worth, TX 76104, and whereas,
Users desire to use selected areas of the Activities Building for the purpose of providing temporary
overflow shelter for families experiencing homelessness, and whereas, Owner has agreed to provide
Users the following shared spaces as outlined below.
Defined areas:
Activities Building
Gymnasium (non-exclusive)
Adjacent hallways, stairwells, and restrooms (non-exclusive)
Community Center restrooms (non-exclusive)
South Entrance Breezeway (non-exclusive)
WiFi Access (non-exclusive)
Users agree that the Owner is under no obligation to make any changes or improvements to any of the
areas or services listed in this agreement. If Owner spends money for needed improvements requested
by the Users or deemed necessary to prepare facilities for use, Owner will be reimbursed by the Users
for those expenses so long as the total reimbursement amount was approved by the Users prior to
expenditure. Any improvements made by the Users require the consent of the Owner and would be at
the Users' expense.
Whereby Owner has agreed for the use of the above areas provided the following terms and conditions
are met,
IT IS THEREFORE AGREED BY AND BETWEEN THE PARTIES:
1. Owner hereby agrees to let Users utilize the above defined areas and consider use of other
areas of the facility and/or other services on a case -by -case basis. Peter Nelson, Church
Administrator is the contact person for Owner, Tara Perez, Directions Home Manager , is the
contact person for the City of Fort Worth, and Lauren King, Executive Director is the contact
person for Tarrant County Homeless Coalition to coordinate the details of usage.
2. Term of this agreement is September 18, 2023 — March 17, 2024, plus additional usage as
determined necessary after the initial term. User (TCHC) agrees to pay Owner $600 per day for
every day the facility is utilized by families experiencing homelessness, with occupancy not to
exceed 100 persons per day for the length of the agreement. Daily fees include utilities, paper
OFFICIAL RECORD
CITY SECRETARY Revised: 9/18/2023
FT. WORTH, TX
products for restrooms, facility wear and tear, and routine repairs and maintenance of
equipment and systems.
3. Users agree to limit the use of the above areas to 6:00 p.m.- 8:00 a.m., seven days a week.
Guests can arrive between 7:00 — 9:30 p.m. and guests can depart between 6:00 — 7:00 a.m. In
between 9:30 p.m. — 6:00 a.m., building alarms will be on and there is no entrance or exit during
those times except in the case of an emergency.
4. Users have contracted with When We Love to provide the following services: shelter setup,
guest check -in, overnight shelter staff, emergency response, tear down, cleaning, housekeeping,
and trash removal.
5. Users have agreed that maximum occupancy in the shelter will be 100 persons per day not
including When We Love staff onsite.
6. The City of Fort Worth ("City") will provide the following: commercial AC units for cooling the
gym, cots and blankets for all guests, and trash cans for waste disposal. The Parties recognize
that the space is not heated and will work diligently to ensure commercial heating units are
made available at no cost to the Owner during winter months when temperatures require it.
7. Staff and guests will enter and exit the facility through the South Breezeway entrance only.
8. The City is collaborating to identify service organizations to provide portable shower facilities for
guests. Owner will provide space in the west parking lot for the trailer location as well as utilities
(i.e., water, electricity) for trailer operation.
9. Users agree to be responsible for preparing for use and returning to the pre -use condition area
of the building which Users will use.
10. City assures Owner that When We Love (WWL) represents and warrants that it carries liability
insurance providing coverage for personal injury, bodily injury, or property damage resulting
from, arising out of, or relating to, Users and Users members (collectively referred to as "Users")
use of Owner's building. City also assures Owner that WWL also represents and warrants that its
liability insurance coverage is in the amount of at least $1,000,000 per occurrence, and that
Broadway Baptist Church is a named additional insured on the liability policy. City shall ensure
WWL provides Owner a Certificate of Insurance and the liability policy evidencing Owner as an
additional insured and confirming the liability coverage required herein. To the fullest extent
permitted by applicable state law, a Waiver of Subrogation Clause shall be added to the General
Liability policy in favor of the Owner, and this clause shall apply to the Owner's officers, agents,
and employees during the policy term. This insurance must be primary and noncontributory
with respect to the Additional Insureds.
11. Owner or Users may terminate this Agreement any time before March 17, 2024, as a
result of any breach or failure to comply with any provision of this Agreement. Users or
Owner may terminate this Agreement for any reason with 60-day written notice.
12. To the extent permitted by law, Users agree to hold harmless, indemnify, and defend
Owner, its employees, and agents from and against all claims, demands, suits,
damages, judgment of sums of money, losses and expense, including attorney's fees
and court costs resulting from, arising out of, or relating to, the use of Owner facilities
by Users (including Users' permittees as defined above). Owner's facilities include,
Revised: 9/18/2023
but are not limited to, the Activities Building, entrances and exits, surrounding areas,
and all other real property owned by Owner.
13. Users agree and recognize that the property to which Users will have access is used primarily for
religious purposes and worship and that proceeds generated from this Agreement will be used
exclusively for Owner's religious purposes. Users also agree that the limited time Users will have
access to the property and will not interfere with Owner's use of the property for religious
purposes and worship.
IN WITNESS WHEREOF, the parties here to have executed this Agreement to be effective as of
September 18, 2023.
Christopher B. Mosley (Sep 19, 2023 18:05 GMT+1)
Owner Signature
Deacon Chair
Title
Sep 19, 2023
Date
I-aureh Kiha
Lauren King (Sep 19, 2023-12:43 CDT)
Tarrant County Homeless Coalition Signature
Executive Director
Title
Sep 19, 2023
Date
City of Fort Worth Signature
Assistant City Manager
Title
Sep 20, 2023
Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Revised: 9/18/2023
APPROVAL RECOMMENDED
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Victor Turner, Neighborhood Services Director
APPROVED AS TO FORM AND LEGALITY:
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LeVie Punt (Sep 20, 2023 19:02 CDT)
Leslie L. Hunt, Senior Assistant City Attorney
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Jannette S. Goodall, City Secretary
Date: Sep 21, 2023
M&C No: No M&C required
Contract Compliance Manager:
By signing, I acknowledge that I am the person responsible for the monitoring and
administration of this contract, including ensuring all performance and reporting requirements.
Tara Perez (Sep 19, 202313:19 CDT)
Tara Perez, Directions Home Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX