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HomeMy WebLinkAboutContract 44678 iATY MCRETARY w1b:qtL J V TEXAS CHRISTIAN UNIVERSITY Now GENERAL FACILITIES AGREEMENT NON-RESIDENTIAL CONFERENCES This Agireement is made and entered into by and between Texas Christian University ("TCU"), located in Fort Worth, Tarrant County, Texas, and the Sponsor listed below. TCU and Sponsor agree as follows: I SPONSOR AND EVENT: Sponsor: City of Fort Worth Sponsor's Address: 14200 South Freeway', Suite 2200, Fort Worth, TX 76111 5,, c/o Peggy McCov Event- Cam Fort Worth Film Festival Dates of Event.* August 1,1 2013 Sponsor warrants to TCU' that the information furnished in the Special Events Application submitted, by Sponsor to T'CU in connection with the Event is true and correct. 11. FACILITIES EQUIPMENT AND SERVICES: Subject to and' upon the terms and conditions contained in this Agreement, TCU agrees to furnish to Sponsor the facilities and equipment and services as listed on the Facilities, Equipment and Services Attachment(s) attached hereto as Exhibit A and incorporated herein for all purposes. I I 1' CHARGES: Charges for the above Facilities, Equipment and Special Services are as follows:, Itemized Basic Charges for Non-Residential Facilities,, Equipment and Speciall Services.- �2.00 TOTAL CHARGES DUE FOR THIS EVENT CHARGES FOR ED LANDRETH AUDITORIUM ARE $1181 ARE $1,812.00. All federal and local taxes and charges which may be imposed on or applicable to this Agreement and to the services rendered by TCU are in addition to the price agreed upon and the Sponsor agrees to pay them s,epla�rately. IV PAYMENT: A. Deposit. The City paid TCU a deposit equal to the sum of the Basic Charges (for a total of$1,812.010 ) on or befolre Jul y 9, „2 13, In the event Sponsor cancels prior to July 9, 2013 Sponsor shall be entitled to a refund of all deposits paid, less reasonable expenses actuallll y incurred by TCUI. The deposit shall otherwise be non refundable. B. Balance. T'CU will submit a statement to Spoinisor for the remaining balance owing, and Sponsor shall pay TCU the balance due within ten (101) days after receipt of the statement. All past due amounts shall I bear interest at the highest lawful rate until paid. C. Special payment terms: NONE, V. CONDITIONS: A. The obligations of TCU under this Agreement are conditioned upon: 1 Timely receipt of the Deposit in good funds; 2. Receipt by TCU, not less than fifteen (15) wort in days, before nning of the scheduIed Event, of a certificate or other satisfactory pro o: e liabili and tl Cher insurance �h coverage required herein; aE 0 OFFICIAL C104 CITY SECRETARY T I of 5 General Facilities Agreement RECEIVED AUG '- 2 ,20113 F $WORTH,TX 0114 R E C E I V ED AW 3. Receipt by TCU, not less than five (5) working dayIs b�efoIre the beglinn"Ing of the scheduled Event, of written ceffification that all persons, in a position that involves, direct contact with a person under the age of eigh�teen years of agel have completed a Campus, Program for Minors, Tra,ining and Examination Program on Sexual Abuse and Child Molestation approved by the Texas Department of State Health Services; 4. Compliance by Sponsor with its warranties and obligations herein-.�;I and 5. Availability of'the Facilities. B. I n the event that, TCU buildings, property or facilities shall be destroyed or substantially damaged by fire or other casualty,, or in the event that other circumstances render the fulfillment of this Agreement by TCUI impractical or impossible, or in the eveInt that TCU is closed due to weather, TCIU shall be excused from performance hereunder, and Sponsor shall be obligated to pay only for those services, activities and e�ve!n!ts which shall have occurred prior to said casualty or c,ircu�m�sta�nce. To the extent that the Sponsor has already submitted payment hereunder, TCU shall refund such payment within thirty (30) calendar days after said casualty or circumstance. Sponsor waives any claim for damages or compensation resulting from casualty, fire, or other circumistance causing curtailment of this Agreement. S,PON�SOR'S SOLE REMEDY FOR,ANY UNEXCUSED, NOWPERFORMANCE BY TCU SHALL BE LIMITED TO THE RETURN OF ALL SUMS PAID TO TCU BY SPONSOR. V1. NO,WARRANTIES- TCU, makes no warranties or representations, either express or implied, or arising: by operation of law, with regard to the condition of the facilities or equipment and Sponsor expres,s,ly acknowledges that Sponsor has thoroughly inspected and is accepting the facilIiti�es, and equipment for its use for, the Event on an "AS IS, WHERE IS, a�nd�, "WITH ALL FAULTS" bas,is. VI I. INSURAN-CE, RELEASE, AND LI&BILITY A. The City of Fort Worth is basically a! self-funded entity subject to statutory tort laws. The City does not maintain a, commercial policy of general l�iability insurance and/or auto liability insurance. Damage for which the City of Fort Worth would ultimately be found liable would be paid directly by the City of' Fort Worth,, and: not by a commercial insurance company. City owned property is covered under the City of Fort Worth Fire an�d Extended coverage program by a commercial insurance policy. Statutory workers' compensation insuranceI coverage is self-funded to the $750,000.00 r�etent,ion limit per incident over which commercial coverage responds with no u,pper cap; and, employer's liability coverage is maintained at the $1 1000�000,00 policy limit. B. SPONSOR HEREBY FULLY RELEASES AND FOREVER DISCHARGES, TCU, AND ALL INSTRUCTORS, AGENTS7 EMPLOYEES, OFFICERS, TRUSTEES AND AFFILIATES OF T'CU (COLLECTIVELY, THE "RELEASED PARTIES,"') of and from any and all liability to Sponsor, its successors and/or assigns, personal representatives, heirs aind next of kin, for any and all losses, liabilities, damages, claims, lawsuits and actions of an�y kind or description for injury to or death of Sponsor or damage to or loss of property of Sponsor (each a "Claim"),1 directly or indirectly, arising out of, resulting from or relating to (i) this, Agreement; (ii) ANY ACT' OR OMISSION ON THE PART OF THE RELEASED PARTIES, INCLUDING ANY NEGLIGENT CONDUCT OF ,rHE RELEASED PARTIES but eIxclud:ing any gross negligence or willful misconduct of the Released p;arti�es, (iii) the condition, use or operation of the facilities or any other part of the TCU campus, ('iv�) the cond�i�ti�oin, use or operation of any of the equipment or provision of any services furnished hereunder; (v) conduct of the Eve�nt; oir (vi), ainy I one or more of the foregoing. C. Workers) Compensation. See Section A. above. D. Sponsor acknowledges and agrees that all of Sponsor's erniployees and agents are under Sponsor 11 s direct and complete supervision and control and are the sole r�eIspoinsibility of Sponsor. 'To the extent General Facilities Agreement 2 oIf 5 a I llowed by law, Sponsor agrees to reimburse TCUI for any damages or loss, beyond reasonable wear and tear, resulting from! thie use of the facilities and equipment by Sponsor, its employees,, independent contractors, guests,, invitees, and/or participants. Nothing contained herein shall ever be, con�strued so as, to require Sponsor to create a linking fuln�d or to access, levy and collect any tax to fund its obligations hereunder. E. Sponsor acknowledges and agrees that neither Sponsor, nor any of Sponsorls, employees, independent contractors, agents, guests, invitees or participants will at any time be cons,idered employees,, agents or independent contractors of TCU as a result of Sponsor's use of the Facility for the Event. F. TCU assumes no responsibility for damage to or loss or theft of any personal property or equipment of Sponsor or of its employees, independent contractors, agen�ts, guests, invitees or participants before, during or following the Event. Villi. CONDUCT AND COMPLIANCE WITH' LAWS AND REGULATIONS- A. Sponsor shall adhere to, and shall cause its employees, independent co�n!tractors. agents, guests, invitees and participants to adhere to, all TCU policies, regulations and guidelines applicable to,the conduct of the Event and to the use of the facilities and equipment. Sponsor acknowledges receipt, of a copy of such policies, regulations and guidelines, and same are incorporated her,ein by reference as Exhibit B. Sponsor shall cooperate and coordinate at all times with TCU's Campus Police in enforcing regulations and, in internal security and theft control. i B. Sponsor shall' conduct the Event in an orderly manner and in full complliance with a�ll applicable laws, ordinances and regulations. C. Sponsor shall use the facilities and equipment for no purpose other than the Event. D. TCU retains controll over the facilities, equipment and services provided, and reserves the night: (i) to enter any, room, or facility for the purpose of inspection, repair or emergency-� (ii) to revoke the campus priv�ilege, including utili�za�tioln of any of its facil�i�ties, of any occupant or other person whose conduct, solely in TCU's reasonable opinion, becomes injurious or is potentially injurious to the university community or is otherwise objectionable; and (iii) to reassign facilities to ensure a maximum and appropriatie utilization of facilities,. E. TCU represents and warrants that the Facilities that are the subject of this Agreement are in com�pilianice with the Americans with Disabilities Act of 1990, as amended,, and all rules and regulations promulgated thereunder ("ADA"). The Sponsor shall comply with the, ADA with respect to, (a) the policies, practices, procedures and eligibility, criteria employed by the Sponsor; (b) the provision o�f'auixilialry aids and services (i) in areas, designated for the exclusive use or within the control of the Sponsor and (ii) requilred for the specific activities of the Sponsor; (c) architectural, communications and transportation barriers created by or within the control of the Sponsor; and (d), any violation of wheelchair seating requireME.1,nts, to the extent that the Sponsor exercises, control or, direction of seating in any assembly area; and (e) any examinations or courses offered by the Sponsor relating to application�s, licensing, certification or credentialing for secondary or post-sec,ondary education, professional or trade purposes. In recognition of the limitation on TCU 11 s capacity and obligation to provide auxiliary aids and services, the Sponsor agrees to give TCU reasonable prior notification of the number and type of such aids and services as may be required: by attendees of the Event. TCU�, in turn, agrees to promptly notify the Sponsor of the extent to which such, need's exceed TCU's ADA obligations and capacity., Sponsor shall bear the respons,ibility to provide any ailds or services in excess of TCUs ADA obligation, an�d�, to the extent allowed by law, losses and expeinses incurred by TCU (including attorneys' fees, and costs) based upon the fa�ilu�re of the Sponsor to comp�ly with the ADA in accordance with the foregoing. Nothing contained herein shall ever be construed so as to require the City to create a sinking fund or to assess, levy, or collect any tax to fund its, olb:lig:ati,ons under this paragraph. Nothing contained herein shall requi,re the City to retrofit the facilities that are the subject of this Agreement or make any material im�provements to the facilities. General Facilities Agreement 3 of 5 IX MISCELLANEOUS: A. Sponsor agrees that every minor nor child shall plreseinit upon their arrival a medical release for hospital treatment or treatment by a physician, s,igned by one or both of the child's parents or legal guardian, to allio,w for treatment should an accident or an injury occur. Sponsor agrees to maintain said parental releases in Sponsor's possession throughout the Event. The cost of any medical services, to participants in Sponsors event is not the responsibility of TCU. B. Sponsor shall provide the TGU Conference Services Office with a schedule of all events including time and place by no later than Jull 15, 2013. No advance materials shall be shipped to TCU priior to five (5) working days before the scheduled Event begins. Sponsor shall provide TCU's Conference Services Office with advance copies of proposed advertising materials, and TCUs name shall not be used in any advertisement without TCU's, prior written approval''. C. This Agreement contains the entire agreement between TCU and Sponsor and may only be amended by al written instrument signed by both parties. Each prolvision of this Agreemennt is severable and if one portion: is invalid or illegal, such invallid or illegal portion shall not apply, but the remaining portions shall nevertheless remain in full force and effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns, provided that Sponsor may not assign any interest in this Agreement to a third party without TCU's prior written consent. D. This Agreement shall be governed, construed and enforced under the laws of the State of Texas, and venue with respect to any dispute arising between TCU and Sponsor that involves, in any way this Agreement shall be exclusively in Tarrant,County,, Texas. E. TCU is an equal opportunity institution and subscribes to all' reqlu�irements of federal law which prohibits discrimination:: in respect to students, employees, applicants or University programs on the basis of sex, race, color, national origin, age, religion, disability or veteran or other legally protected status. F. This Agreement is not blinding until it is countersigned by TCU. T'CU will honor its terns,, rates, and availability of facilities and services for fourteen (14) days from the date this Agreement is deposited in the mail addressed to Sponsor or from the date it is otherwise delivered to Sponsor. Thereafter, this Agreement will be subject to change and to availability. Failure of Sponsor to sign and return this Agreement so as to be received by TCU by no later than July 31, 2013 will render this Agreement void and of no effect. G. The failure of TCU to insist upon strict and prompt performance of any of the covenant's and conditions of this Agreement shall not constitute or be considered a waver or relinquishment. of TCU's right thereafter i to enforce such covenant or condition in the event of a continuous or subsequent default on the part of Sponsor. H. Nothing contained herein shall be construed as a waiver of any defense or immunity to which the City is entitled under Texas law. X. COMPLIANCE WITH TEXAS EDUCATION CODE SECTION I 1.976. In accordance with Texas Education Code Section 51,976 and Te as Christian University policy, Sponsor shall require any person in a position that involves direct contact with a person under the age of'eighteen years of age to successfully complete a Campus Program for Minors Training and Examination Program on Sexual Abuse and Child Molestation, approved by the Texas Department of State Health, Services. Sponsor's authorized representative shall certify in writing, in the manner required by Section V. A. 3., that all persons in a position that involves direct contact with a person under the age of eighteen years of age have completed a Campus Program for Minors, Training and Examination Program on Sexual use and Child Molestation approved by the Texas Department of State Health Services. General Facilities Agreement 4 of 5 We, the undersigned, do hereby enter into this Agreement, as witnessed by our signatures below, effective as of the date inserted by TCU below its signature. ,TEXAS CHRIS111011ANI UNIVERSITY City f Fort Worth .A By: lea By: SI 1 Matthew 1� Wallis ��san Alanis Director of Contract Administration Assistant City Manager. low"% MLDate: Date-- TO FORM ,AND,LEGAUTY, i�PPROWD AS I/S -........... 30�......... tiant AMMICY by* Po Gonmm Ot Cny Somtsy sit �000000 0 % 01;4 0, 0 0 0 0 jc� *F000000 AY ,.�� x 0�- OFFICIAL RECORDI rIFFI,CI,I RE ORD Y R CITY SECRETARY w rH TIX 9T V 0 FGT*WORTH, General Facilities Agreement 00 mw t 5 of 5 000"O"