HomeMy WebLinkAboutContract 47091 IONTRACT NO
: .GRI!'EMENT, RELEASE, HOLD HARMLESS AND INDEMNIFICATION OF I-AA ILI'i 11
AGRI'EMENT 1�"OIL THE CITY Ole FORT WORTH
H
1, Sheila Lisenstein _ in m}, official capacity as_Headi of Production_-, for
Furlined, LLC ("Company") with authorization to enter into this agreement, in consideration of the
opportunity to enter onto City property located at Westside; Water Treatment 1'lant, 12220 Old Weatherford 1�oad,
Aledo, TX 76008 (hereinafter known as the "Westside Plant") and to film as described in Attachrrrent A, fully
recognize and appreciate any and all risks associated with such entry and participation and do hereby FULL'
AND FOREVER WAIVE AND RELINQUISH, COVENANT NOT TO SUE, RELEASE, HOLD
HARMLESS, DISCHARGE AND INDEMNIIFY the City of Fort Worth, its officers, agents, employees,
affiliates, volunteers and attorneys, from any and all actions, lawsuits, debts, demands, damages, claims,
Judgments or liabilities of any nature, whether known or unknown, including costs and attorneys' fees, which I
individually have or may have or my assigns, successors, administrators, and heirs have or may have against the
City of Fort Worth, its officers, agents, employees, affiliates, volunteers and attorneys for property loss, or
damage; for any and all medical, hospital or pharmaceutical expenses, doctor bills or nurses expenses; and for
damages for personal injury, including death; or, any other damage of any hind or character and any Bather type of
damage which I may hereinafter incur, arising out of, resulting from directly or indirectly attributable
cu•cumstarrces related to such activity,
Company hereby assumes all responsibility and Inability for such damages or injuries I or other
employees, agents or representatives of the Company sustain, and understands and acknowledges the significance
and consequences of this release and this agreement. Company certifies that an), one of its employees, agents or
representatives who enter onto the Treatment Plant shall have no physical impediments or other conditions,
medical or otherwise, which may become aggravated or worsened by any condition at the I�/estsidc Plant. The
City of Fort Worth, its officers, agents, employees, affiliates of- volunteers shall not be responsible for any injury
or damages to Company or to any of Company's employees, agents or representatives which may be sustained
while on the Westside Plant. Company fully acknowledges and agrees to follow and that its employee",
agents or representatives shall at all times follow, the guidelines and provisions established by tlie, City of
Fort Worth management, for entry of and filming at the Westside Plant, Furthermore I: agree that
Company and its employees, agents of, representatives will be supervised by a City employee and shall obey=
the City's instructions and that the City may terminate "ray grant of access and use and filming at tilt
Westside Plant at any time.
THIS RELEASE AND INDEMNIFICATION SHALL BE CONS'T'RUED AS EXPRESSLY INCLUDING,
BUT NOT LIMITED TO, ALLEGED ACTS, OMMISSION,S, NEGLIGENCE, MISCONDUCT,
CONDI'T'IONS OF TIIE PREMISES AT THE WESTSIDE :PLANT, MATERIALS OR TRAINING;,
EQUIPMENT, SERAIICES OR THE MANNER OF PERFORMANCE OF SERVICES OF OR BY THE
CITY OF FORT WORTH, ITS OFFICERS, AGENTS, EMPLOYEES, AFFILIATES, VOLUNTEERS
AND ATTORNEYS, ACTING OFFICIALLY OR OTHERWISE.
Company further acknowledges that Company and any of its ernployees, agents or represa,rrtartives
shall not use any disparaging film of any City property, and the City shall have sole: discretion in
determining if such material is disparaging.
Company, its respective designees oc assignees, shall not use any designated marks, logo or
copyrights of the City or sell s transfer, or give any original prints or reproductions for circulation and/or
91
publication publication for use by a third party. Nor shall Company use such logo in any manner that reflects
,n r f, �r
unfavorably upon the good name, goodwill, reputation, or image of the City. Company, its respective
E'ry u, designees or assignees, shall not use any designated marks or copyrights, in any manner that waulcl cause
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confusion in the public ""rind as to the permitted use for which Company has been granted such rights, None
rV99 tH of the designated "narks or copyrights of the City shall be incorporated into a common graphic or be
da7 associated with third party trade names or marks, except as agreed upon by the City. Company, its respective
"yK5 designees or assignees, may not use any of the designated marks or copyrights of the City or authorize such
use on any World Wide Web site or on any other on-line site, except as specifically approved by the City,
The City assumes no responsibility or liability with respect to the content of any material
PLIblished by Company. User shall be responsible for all such content, and shall indemnify and hold the
City harmless with respect to such content and use,
I have read this Agreement, Release, Hold Harmless and Indemnification Waiver and fully
under-stand its terms and conditions,
Agreed to by:
Name: -ShjjMJ�IIUWLom
Title: WW/Atft� (A.M-w)
Date:
n
Signature
Witness
Pen-nission Recommended by: Permission Granted by;
11) Carman, Water Director
XDate:
/Z/
a C
, Assistant ity Manager
tahwa
Approved to as to form and legality:
Christa W, Lopez-ReviJids
Sr. Assistant City Attorney ORP
00000000(Z 0
Attest: S.
X
Mary K al Y (11 c 1,et 1/1,11
1
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Attachment `A'
Proposed filming activity and timeline
Times are approximate and may change
Location Fee for use of West Side Water Treatment Plant
$5000.00. This includes all charges related to the filming on
October 701 2015 for Furlined Films.
Time Line:
0 5:00 AM - Begin to arrive and set up
® 7:00 AM- General crew call
® 8:00 AM- First shot- outside near water tank- man climbing the ladder and
detail shots at main pumps. Ideally be able to open and close some of the
door panels and if possible turn one of the wheels,
o Including but not limited to the images below:
q%L
® 9:00 AM to 1:00 PM - shoot near and around membrane filters and piping
and then on lower level pipe gallery under the grating.
o Including but not limited to the linia ws below:
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• 1:00 PM to 2:00 PM Lunch- to be served under pop-up tents on a grassy area
to the north west of the plant,
* 2:00 PM to 3:00 PM Pack up to move to next location
® 3:00 PM to 5:00 PM clean up and restore