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HomeMy WebLinkAbout065457 - General - Contract - Fort Worth Housing SolutionsCSC No. 65457 LICENSE AND RIGHT OF ENTRY THIS LICENSE and Right of Entry ("Agreement") is made and entered into by and between Fort Worth Housing Solutions ("FWHS"), a municipal public housing authority, and the City of Fort Worth ("City"), a Texas home rule municipal corporation, acting through its duly authorized Assistant City Manager. 1. FWHS grants to the City a revocable, non-exclusive license and permission for the Fort Worth Police Department - Directed Response Unit ("FWPD") to enter the real property formerly known as Butler Place Apartments (the "Property") but expressly excluding the interior of any buildings ("Prohibited Area"). FWHS makes no representations or warranty, express or implied, to the condition of the Property or its suitability for the Use defined below. City accepts the Property as -is and where -is for the Use and assumes all risk for claims, property damage, and bodily injury (including death) with respect to the Property, its latent and patent defects, if any, and the Use. 2. The license to enter is granted to City solely for the purpose of conducting training exercises for FWPD employees on specified dates to be provided to and approved in writing by FWHS at least 30 days in advance of requested training (the "Use"), and for no other purpose. All requests are to be provided via email to rholmes@fwhs.org and kcamareno@fwhs.org. 3. This license is valid for 180 days from the Effective Date, which begins on the date signed by the Assistant City Manager below ("Effective Date"). 4. Each license granted pursuant to this Agreement shall commence at 7:00 a.m. and shall automatically terminate at 6:00 p.m. on each approved training date. At the end of each approved training day, FWPD will restore the Property to the same condition as it existed prior to the Use. 5. Any person, corporation, or organization working on the Property on behalf of or at the request of City or using the Property with the permission of City will be deemed to be City's agent for purposes of this agreement and will be subject to all applicable terms hereof. City may not, however, assign its rights or delegate its duties under this Agreement. 6. The City will make every effort to ensure FWHS property is not damaged and will return the property to FWHS in the same condition in which it was received. The City will remove any trash, debris, equipment, or other personal property from the FWHS property. The Parties will seek to resolve any disagreements regarding any property damage by mutual consultation. 7. City will not permit any liens to be filed against the Property as a result of labor or materials furnished at City's request. If any such lien is filed against the Property, City must cause the same to be discharged of record within twenty (20) days after receipt of a written demand from FWHS. 8. Each Party will be responsible for any negligent and wrongful acts or omissions by its own employees arising out of activity conducted pursuant to this Agreement. The Parties -I- OFFICIAL RECORD CITY SECRETARY FT. WORTH. TX agree that, should a claim for an alleged negligent or wrongful act or omission arise, such claim will be subject to the provisions of the TTCA, TEX. CIV. PRAC. & REM. CODE Ann. § 101.001, et. seq. 9. City will not permit any damage or nuisance to be committed on the Property, and agrees, at its sole cost and expense, to comply with all applicable laws, rules, regulations, and orders with respect to its use of the Property. 10. Notices to FWHS shall be given to 1407 Texas Street, Fort Worth, Texas 76102, ATTN: Assistant General Counsel, (682) 350-0687, and Chief Operating Officer, (682) 462-8107. Notices to City shall be addressed to 501 Jones Street, Fort Worth, Texas 76102 ATTN: Directed Response Unit Supervisor, with copy to the City Attorney, Fort Worth City Hall, 100 Fort Worth Trail, Fort Worth, TX 76102. All written notices shall be deposited in the United States mail, postage prepaid or delivered in person. 11. In any action between FWHS and City seeking enforcement of any of the terms and provisions of this Agreement, the Parties will seek to resolve any disagreements or disputes by mutual consultation. Any claim will be subject to the provisions of the TTCA, TEX. CIV. PRAC. & REM. CODE Ann. § 101.001, et. seq. 12. This Agreement shall be construed in accordance with the laws of the State of Texas. Venue for any action brought on the basis of this Agreement shall lie exclusively in state courts located in Tarrant County, Texas, or the United States District Court for the Northern District of Texas — Fort Worth Division. In any such action, each party shall pay its own attorneys' fees, court costs, and other expenses incurred as a result of the action. The parties have executed this Agreement as of the dates indicated below, to be effective on the date signed by the Assistant City Manager below. II: i%�.i Housing Authority of the City of Fort Worth, Texas DBA Fort Worth Housing Solutions, a municipal housing authority By: Kristen Camareno as Authorized Delegate for Mary -Margaret Lemons, President Date: -2- ACCEPTED AND AGREED: CITY OF FORT WORTH By: Name: William Johnson Title: Assistant City Manager Date: 06/29/2026 APPROVAL RECOMMENDED: By: DaKid Carab (Jun 29, 2026 14:13:33 CDT) Name: David Carabajal Title: Executive Assistant Chief ATTEST: By: Name: Jannette Goodall Title: City Secretary 4.oavvnnnIl N., a° PV8 oSd oaQIl n�ps4bd 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. Igt;hCil 46ee By: Kathryn Agee Jun 26, 026026 09 Name: Kathryn Agee Title: Senior Management Analyst APPROVED AS TO FORM AND LEGALITY: By: Name: Title: 4WA9 Keay Matthews Hall (Jun 26, 2026 08:56:17 CDT) Keanan M. Hall Sr. Assistant City Attorney CONTRACT AUTHORIZATION: M&C: N/A Date Approved: N/A 1295 Certification No.: N/A Prepared By: Kathy Agee OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX -3- FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Fort Worth Housing Solutions (FWHS) Subject of the Agreement: Right of Entry agreement for Police to use real property formerly known as Butler Place Apartments for training purposes. M&C Approved by the Council? * Yes ❑ No 8 If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: Upon ACM signature If different from the approval date. Expiration Date: 180 days following final signatures If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the followingorder: rder: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.