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Home My WebLink AboutContract 26404 CITY SECRETARY "'ONTRACT NO Letter of Agreement between the City of Fort Worth and Chisholm Trail Round-up, Inc. This agreement is entered into between the City of Fort Worth Parks and Community Services Department("City") and the Chisholm Trail Round-up, Inc. ("CTRU"). Whereas, the City has approved the establishment of a program entitled the "Fort Worth Herd", and Whereas, the mission of the program is to provide an authentic interpretation of the history of the cattle industry and its impact on the growth and prosperity of Fort Worth; and Whereas, the five (5) goals of the program are: 1. To safely and humanely manage the livestock program ensuring the safety of the public and humane treatment of the livestock. 2. To provide an educational experience that presents the history of the cattle industry and the people who created it. 3. To support the tourism industry in the City of Fort Worth through the authentic and interesting presentation of the program. 4. To develop and present a program that demonstrates the diversity of the people who built the cattle industry and celebrates the richness of the diversity of our community then and now. 5. To continually enhance the program through the leveraging of program resources through the involvement of volunteers and interest groups and the solicitation of in-kind and financial support; and Whereas, the CTRU has agreed to serve as the coordinating support group for the program; and Whereas, the CTRU is a duly registered non-profit corporation with a 501(c)(3) status as recognized by the Internal Revenue Service and duly registered with the State of Texas; NOW THEREFORE the City and CTRU do hereby agree to the following to and conditions set forth in this agreement- 4"'ff"AU 1. Term. This agreement will begin on 01120 1999 and end on 01/20 , 2000; the agreement can be extended for additional one (1) year periods subject to the mutual written agreement of both parties. 2. Responsibilities of 1". a) City will serve as the sole manager of the Fort Worth Herd Program (Program). b) All decisions and actions related to the management of the Program including, but not limited to, the deployment of resources, employment and supervision of staff and volunteers, program development and implementation, scheduling, historical interpretation, etc. will rest solely with the City. C) City will appropriate all funds necessary for the basic operation of the Program. It is understood that funding will only be allocated on a year-to-year basis. d) City will own all rights to the use of the name "Fort Worth Herd" and any registered or recorded program brands, logos or trademarks, or variants thereof, in connection with the Program. 3. Responsibilities of Chisholm. a) CTRU agrees to provide monetary and in-kind support for the Program. Said support shall be raised by CTRU or received by CTRU through a designated auxiliary group. Only those funds or in-kind support designated specifically for the Program shall be donated to the Program (Program Funds). b) CTRU agrees to dedicate 100 percent of the net proceeds raised for the Program to the Program. C) CTRU agrees to notify and secure the approval of the City prior to initiation of any fundraising or solicitation efforts for the Program. d) CTRU agrees that any proceeds or in-kind materials or services donated for the Program will be targeted for use in support of the following Program areas,- 1. Education 2. Promotion 3. Volunteers/Docents 2 4. Other related program activities which may be mutually agreed upon between the City and CTRU. e) CTRU agrees that they will maintain accurate accounting of all Program Funds; and no change from the intended use of the Program Funds may occur unless approved in writing by the original donor(s). f) CTRU may, with advance written City approval, sell or market goods in support of the Program provided that all trademark laws are appropriately addressed so as to protect the City's rights to the mark, and the selling or solicitation of goods for sale and use of proceeds therefrom shall be in accordance with the provisions of this agreement. 4. Independent Contractor. CTRU shall perform its responsibilities hereunder as an independent contractor and not as an officer, agent, representative or employee of the City. CTRU shall be solely responsible for the acts or omissions of its officers, agents, employees or other persons under its supervision, management and control. Nothing herein shall be construed as creating a partnership or joint enterprise between City and CTRU. 5. Compliance with Laws. In carrying out its responsibilities hereunder, both the City and CTRU shall comply with all applicable federal, state and local laws, regulations and ordinances. 6. Termination. Either party may terminate this Agreement without cause upon thirty (30) days written notice to the other. Provided, that in the event of termination or expiration of this Agreement, all funds, materials and proceeds donated to or acquired by CTRU for the Program shall be transferred to the City for use in the Program as specified in Section 3 of this Agreement. 7. Notic All notices given hereunder shall be sufficient if sent first class mail,postage prepaid, or hand delivered to the following address: City* Richard Zavala, Director Parks and Community Services Department 4200 South Freeway, Suite 2200 Fort Worth, Texas 76115 3 Chisholm Trail Round-up: Chisholm Trail Roundup. Inc. c/o President P.O. Box 4815 Ft Worth, Tx. 76164-0815 EXECUTED on this the day of 1999 CITY OF FORT WORTH CHISHOLM TRAIL ROUND-UP, INC. 'x o Assistant City Manager Robert McKibben, President sF A 2 Richard Zavala, Director contract Authorization �'arks & Community Services Department Date APPROVED AS TO FORM AND LEGALITY AITESTED BY V A/ V Assistant City Attorney cArny doc\k yofagrn'tnts\herd progratyNtr of agm-un between CFW PACS and Chisholm Trail Roundup 4 City of Fort Worth, Texas "agor and council communication DATE REFERENCE NUMBER LOG NAME PAGE 1/12/99 C_17224 80HERD 1 of 1 1 E SUBJECT AGREEMENT WITH CHISHOLM TRAIL ROUND-UP, INC. FOR THE FORT-WORTH HERD PROGRAM RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an agreement with Chisholm Trail Round-up, Inc. to provide support for the Fort Worth Herd Program. DISCUSSION: One of the goals of the Fort Worth Herd Program is the establishment of a support group which would solicit monetary and in-kind donations in support of the program. Primarily, support would be sought to underwrite and enhance the marketing and promotion of the program and the educational component geared toward school-aged youth. Support will also be provided for the volunteer/docent portion of the program. The proposed agreement would authorize Chisholm Trail Round-up, Inc. ("CTRU"), a 501(c)(3) non- profit organization, to serve as the primary support group coordinator. CTRU, along with the City, will work together to establish an auxiliary group made up of livestock, historical, business, tourism and related organizations and individuals. The auxiliary group will assume the responsibility for raising funds and soliciting in-kind donations for the program. The term of the agreement would be for one year, with options to renew for one-year terms subject to mutual consent of the City and the CTRU. The City will retain all responsibilities for the management of the program including all administration, personnel, organization, scheduling, historical interpretation, and programs. All proceeds raised by the CTRU for the program will be expended on the program, subject to prior approval of the City. This project will not have an increased operational impact on the general fund budget. This program is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies this project will have no material effect on City funds. LW:k N Submitted for City Manager's I i IwIT CENTER AMOUNT CITY SECRETARY Office by: A P P R,07V E D Libby Watson 6183 Originating Department Head CP COUNCIL I Jm 12 1* Richard Zavala 5704 (from) "K Additional Information Cont act: Q_S"rewl OW."ft-'0 Richard Zavala �704 C