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Home My WebLink AboutContract 46191 CITY SECRETARY CONTRACT NO. FACILITY USE AGREEMENT BETWEEN TARRANT COUNTY COLLEGE DISTRICT AND THE CITY OF FORT WORTH,TEXAS Tarrant County College District, a political subdivision of the State of Texas("TCCD"), and the City of Fort Worth, Texas, a home rule city in the State of Texas("CITY"), enter into this Facility Use Agreement("Agreement")as of December 1, 2014. CITY and TCCD may be collectively referred to as "the parties"and individually referred to as a"party." WHEREAS, CITY is the owner of the Fort Worth Business Assistance Center, 1 150 South Freeway, Fort Worth, Texas 76104("Center"); WHEREAS, TCCD, operating by and through its business development agency, the Tarrant Small Business Development Center, and CITY desire to collaborate for the development of small business at the Center to make additional resources available for the small business community through a Business Information Center(`BIC")comprised of computers and software supplied by TCCD in the Center owned by CITY; NOW, THEREFORE, IN CONSIDERATION OF THE FOLLOWING, THE PARTIES AGREE: 1. Resources. a. TCCD will provide to CITY ten (10) desktop computers and related software ("Resources"), connected to TCCD's servers and TCCD's existing internet in the Center, to be used solely for the operation of a BIC at the Center. b. The Resources shall be connected to TCCD's servers and TCCD shall not have access to the CITY's servers for the Resources. TCCD may direct the existing internet ports in the Facility to the TCCD servers. c. TCCD shall provide all installation, maintenance, repair, and replacement necessary to keep the Resources in good repair and working order for their intended purpose, at TCCD's sole expense. CITY shall not bear any cost associated with the maintenance, repair or replacement of the Resources. CITY may supervise and inspect TCCD's work under this Agreement. Upon discovery of any condition that requires the TCCD to make needed repairs to the Resources, CITY shall notify TCCD of the defect or condition, and TCCD shall promptly make the needed repairs. d. TCCD will abide by CITY's rules and policies for the Facility, as they may be amended from time to time. 2. Facility. a. TCCD shall install the Resources in 286 square feet, more or less, of office space at the Center, as shown on Exhibit 1, attached to this Agreement and incorporated herein ("Facility"). CITY will provide security for the Facility and the Resources at CITY's expense. b. CITY will manage the Facility including building oversight; facility management services; repairs to CITY property and utilities; security and operation; custodial and janitorial services, including trash and recycling removal at no cost to TCCD. c. CITY will provide utility services at no cost to TCCD for the Facility and the Resources. Utility service usage includes electricity, heating, cooling, and telephone. d. TCCD shall have access to the Center and the Facility for the purpose of installation, inspection, maintenance, repair, and replacement of the Resources, pr suc access OFFICIAL RECORD Facility Use Agreement CITY SECRETARY Business Assistance Center-TCCD Page 1 of 4 FT.WORTH,TX shall not interfere with CI"TY's tenants or other operations at the Center. TCCD shall release CITY from any and all claims arising from TCCD's access to the Center or the Facility. TCCD shall restore the Center and the Facility to a condition as similar as possible to that which it was in immediately prior to accessing the Center and the Facility under this Agreement. e. TCCD shall not make any alterations, additions, or improvements to the Facility without the prior written consent of CITY. 3. Term and Termination. a. This Agreement is effective December 1, 2014 and will remain in effect until December 1, 2018 ("Term"). This Agreement may be renewed for up to five additional one-year terms, such renewal shall be automatic unless written notice of termination is given to the other party within 60 days of the expiration of the then-current term. b. Either party shall have the right to terminate this Agreement at any time for any reason by giving the other party 60 days' written notice prior to the intended termination date. The notice shall be deemed effective when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the other party. 4. Removal of Resources. TCCD shall, within a reasonable time after the expiration or termination of the Term or any renewal thereof, not to exceed thirty (30) days, remove the Resources and any other machinery, or equipment owned solely by TCCD in the Facility or the Center, such property being here and after referred to as "TCCD Property." On or before the date of expiration of this Agreement, TCCD shall remove all TCCD Property and must repair any damage to any buildings or improvements on the Facility or Center resulting from the removal, restoring the Facility or Center to a condition reasonably satisfactory to the CITY. If TCCD shall fail or neglect to remove said "TCCD Property within a reasonable time after the Agreement termination date, not to exceed thirty (30) days and so restore the Facility and Center, then said TCCD Property shall be removed by CITY at no liability to CITY, and returned by CITY to the address listed herein for TCCD. 5. Insurance. a. TCCD shall be responsible for maintaining any policy of insurance that will insure against loss of property owned by TCCD that is located in the Facility. b. CITY is basically a self-funded entity and as such, generally, it does not maintain a commercial liability insurance policy to cover premises liability. Damages for which the CITY would ultimately be found liable would be paid directly and primarily by the CITY and not by a commercial insurance company. 6.Notice and Authorized Representative. Written notice shall be deemed to have been duly served when received by hand delivery or when sent and received by certified or registered mail, or other verifiable delivery service, in each case to the following Authorized Representative for TCCD and CITY. Each party shall advise the other in writing of any applicable change in authorized representative or address. TCCi's Authorized Representative: CITY's Authorized Representative: Name: Mike Herndon Name: Fernando Costa Title: Director of Procurement Title: Assistant City Manager Address: 300 Trinity Circle Address: 1000 Throckmorton St. Fort Worth, Texas 76102 Fort Worth, TX 76102 Facility Use Agreement Business Assistance Center-TCCD Page 2 of 4 With a copy to Vice Chancellor for Information and Technology 1500 Houston St. Fort Worth, TX 76102 7.Entire Agreement. This Agreement, including Exhibit 1, attached to this Agreement and incorporated herein, constitutes the entire Agreement between CITY and TCCD related to the Resources and the BIC. No other terms and conditions are applicable, unless this Agreement is amended in writing by both parties. The undersigned signatories represent and warrant that they have full authority to enter into this Agreement on behalf of the respective parties. CITY OF FORT WORTH T ;ae NT COUNT COLLEGE DISTRICT -77— �/-f,/ Fernando Costa NI NJ Assis tant City Manager Title: Director nfprimu ment 'Rrrant County College District Date r �O G Date ATTEST: o --�' _�l0�10 V C ty Se r VA��p`VaisV�,ray►. APPRO ED AS ORM AND LEGALITY By: Ull 11 Assistant-City A rney OFFICIAL RECORD CITY SECRETARY Facility Use Agreement I FT'WORTH,TX Business Assistance Center-TCCD -°� Page 3 of 4 EXHIBIT 1 1150 South Freeway Floor Plan City of Fort Worth,Texas Showing 286 square feet available to TCCD < OF n '3 0 0 LL_ U� 10 Qs� sr ,@C 1z EL Ef @ LLJ @C- LAJ L LAJ Cr 0 Cr him Facility Use Agreement Business Assistance Center-TCCD Page 4 of 4