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Contract 36003-A2 (2)
4NTRACT N R' o _ • � �a SECOND AMENDMENT TO CITY SECRETARY CONTRACT NO. 36003 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF FORT WORTH AND THE FORT WORTH CONVENTION AND VISITORS BUREAU THIS SECOND AMENDMENT to City Secretary Contract No. 36003 ("Amendment") is made and entered into by and between THE CITY OF FORT WORTH, a home-rule municipal corporation of the State of Texas ("City"), acting by and through its duly authorized Assistant City Manager, and the FORT WORTH CONVENTION AND VISITORS BUREAU ("Bureau"), acting by and through its duly authorized President. RECITALS WHEREAS, section 351.002 of the Texas Tax Code authorizes the City to levy by ordinance a hotel occupancy tax; and WHEREAS, the City has levied such a tax by adopting Article II of Chapter 32 of the Fort Worth City Code (1986), as amended; and WHEREAS, section 3 5.101 of the Texas Tax Code mandates that the proceeds of such a tax be dedicated to certain authorized promotional activities related to tourism and the convention and hotel industry, including the advertising and conducting of solicitations and promotional programs to attract tourists and convention delegates or registrants to the City and/or its vicinity; and the conducting of activities to encourage tourists and convention delegates to visit preserved historic sites located within the City; and WHEREAS, in January 2010, the City of Fort Worth will host the Religious Conference Management Association World Conference and Exposition ("RCMA Exposition"), which is expected to bring meeting planners from across the country and around the world to the City in order to familiarize these individuals with the City's amenities and advantages as a site for future meetings and conventions; and LF�T "TjjjX RECORD RETARY Second Amendment to CSC 36003 WHEREAS, RCMA Expositions in other cities have resulted in the booking of additional meetings and hotel room nights; and WHEREAS, the Fort Worth Herd program (the "Herd") was established in 1999 to conduct daily cattle drives that serve to promote the City's western heritage, in particular the Fort Worth Stockyards, and to encourage tourists and convention delegates to frequent this preserved historic site; and WHEREAS, still and moving images of the Herd and its daily cattle drives figure prominently in promotional materials used to attract tourists and conventions to the City and its vicinity; and WHEREAS, the Herd periodically makes appearances and performs at exhibitions and events in other cities and areas and in doing so serves as an ambassador for the City and as a promotional program to attract tourists and conventions to the City and its vicinity; and WHEREAS, section 351.101(c) of the Texas Tax Code authorizes a municipality to contract with another entity to manage and supervise programs or activities funded with revenue from the hotel occupancy tax; and WHEREAS, the City and the Bureau have entered into a series of contracts under the terms of which the Bureau has successfully and professionally performed services for the City related to the promotion of tourism and the convention and hotel industry and to the administration of activities funded by hotel occupancy tax revenue, the current agreement being Fort Worth City Secretary Contract 36003, as amended ("CSC 36003"); and WHEREAS, Section 2.14 of CSC 36003 contemplates the parties establishing by agreement additional duties that the Bureau will perform; and Second Amendment to CSC 36003 Page 2 of 11 WHEREAS, the parties believe that operation of the Herd program aligns with the overall mission, goals, and activities of the Bureau and that the Bureau is in a position to manage, administer, and ensure operation of the Herd in a manner that is more flexible and potentially more cost-effective than its current operation; and WHEREAS, the City's partner agencies, including Hickman Investments, Inc.; the Fort Worth Zoological Association; Tarrant Regional Water District; and the Outriders of the Fort Worth Herd have all expressed a willingness to continue providing their assistance and support to the Herd program if the Bureau takes over management, administration, and ensuring continued operation of the Herd; and WHEREAS, the parties now desire to enter into this Amendment to allow for a one-time payment of additional funds to address costs associated with hosting the RCMA Exposition and to provide for the Bureau to supplement services already provided pursuant to CSC 36003 whereby the Bureau will assume responsibility for management, administration, and ensuring operation of the Herd, to be funded from hotel occupancy tax revenues and other available sources. NOW THEREFORE, for and in consideration of the performance of the mutual covenants and assurances herein contained, the parties do hereby covenant and mutually agree as follows: I CITY AND BUREAU COMMITMENTS The City commits to assist the Bureau on an on-going basis in whatever manner is needed to ensure the continued integrity, successful operation, and long-term viability of the Herd program and brand as an asset to the City and its hotel and tourism industry and to ensure that the Bureau is not required to make direct expenditure of its separate funds in conducting any phase of the Herd operations. The Bureau commits to manage, administer, and ensure the continued operation of the Herd in a manner that maintains the integrity and public goodwill associated with the Herd Second Amendment to CSC 36003 Page 3 of 11 program and brand and that provides audiences with an experience that is as close to historically accurate as is reasonably possible. To that end, to the extent the Bureau obtains private sponsorships, donations, or both for the use and benefit of the Herd program, the Bureau shall limit sponsor and donor attribution and advertising in a manner that safeguards the historic verisimilitude and overall integrity and public goodwill of this valuable City asset. In the event the Bureau decides to operate the Herd program directly, the Bureau commits to accepting applications from and giving hiring preference to individuals who meet the Bureau's employment criteria and who were directly involved in the day-to-day operation of the Herd by the City as of December 1, 2009. The Bureau further commits to treating all of the animals of the Herd, whether currently involved or later-added, in a safe, sensible, and humane manner. The Bureau agrees to allow City personnel to periodically inspect the animals and their living conditions and also agrees to adjust schedules, conditions, or both if the parties agree such adjustments are in the best interests of the animals. In addition, the Bureau commits to ensuring that operation of the Herd program complies with the operational policies that are attached hereto as Exhibit "C," which is incorporated herein for all purposes as though it were set forth at length, and will not allow any person to ride a Herd horse unless that person is qualified and specifically employed as a temporary or full- or part- time drover. No change may be made to any operational policy unless such change is approved in advance in writing by the Director of the City's Public Events Department. Operational policies that were established by Mayor and Council Communication ("M&C") of the Fort Worth City Council may not be changed unless such change is approved by the City Council as well as the Director of the Public Events Department. II Subsection 2.14, "Budget, Accounting and Reports" of Section 2, "City and Bureau Obligations," of CSC 36003 is hereby amended to revise those activities encompassed as part of the Work to be performed by the Bureau to include management, administration, and ensuring operation of the Herd program. To that end, a new paragraph, "(c)(v)(k)," is added, to read as follows: Second Amendment to CSC 36003 Page 4 of 11 CITY AND BUREAU OBLIGATIONS 2.14. Budget, Accounting and Reports (c) (v) (k) Effective January 1, 2010, the Bureau shall begin providing professional management and administrative services associated with operation of the Fort Worth Herd program and shall assume responsibility for ensuring the Herd's continued operation. Operation of the Herd program shall include (1) conducting cattle drives on East Exchange Avenue twice daily at 11:30a.m. and 4:00p.m, weather permitting; and (2) operating an educational program that provides visitors and others with information about the City's rich western heritage with a focus on the roles that the cattle industry and cattle drives along the Chisolm Trail and other historic routes played in the development of the City. In addition, operation of the Herd may include special promotional appearances and performances designed and intended to promote tourism to and within the City provided, however, that such appearances and performances may not take precedence over or interfere with the daily cattle drives and provided that additional temporary staff and animal resources are secured and employed to ensure that such additional appearances and performances do not place an undue burden on or endanger the health or well-being of the animals, drovers, or other Herd staff. II Subsection 4.01 of Section 4, "City Logo, Trade and Service Marks," of CSC 36003 is hereby amended to address Bureau's use of intellectual property associated with the Herd. To that end, subsection 4.01 of CSC 36003 is hereby re-designated subparagraph 4.01.A and new subparagraphs "B" and "C" are hereby added, to read as follows: CITY LOGO, TRADE AND SERVICE MARKS 4.01.A. The Bureau acknowledges that the City Council has adopted and copyrighted as its logo "Molly" the longhorn steer . . . . Second Amendment to CSC 36003 Page 5 of 11 B. The Bureau acknowledges that the City Council has commissioned and registered as a federal trademark the logo "Fort Worth Herd," including a stylized longhorn steer "brand" depicting the characters "F" and "W" ("Herd Logo"), as shown in Exhibit `B," which is attached hereto and incorporated herein for all purposes as though it were set forth at length. The Bureau may use the Herd Logo on stationery, bulletins, displays, posters, and media and press releases. In using the Herd Logo, the Bureau shall conform with City policies regarding authorized uses and approved colors and graphics. In addition, the Bureau may use or license for use the Herd Logo on merchandise, provided, however, that such merchandise be of a quality and character that does not diminish the value of the trademark or compromise the integrity of the Herd program and that such use is consistent with the City's registration document as shown in Exhibit B. Any such use of the Herd Logo must be approved in writing by the City's Director of Public Events prior to production of any merchandise. C. In conjunction with administration, management, and ensuring operation of the Herd program, the Bureau shall be assigned and licensed use of the internet web addresses www.fortwortherd.com, www.fortworthherd.org, www.fwherd.com, and www.fwherd.org, which shall at all times remain the sole property of the City. Personnel in the City's Information Technology Solutions Department shall coordinate with the Bureau to assist with transition of these addresses and ensure that the addresses redirect individuals to an appropriate Herd-specific page to be maintained by or on behalf of the Bureau. III Subsection 5.01 of Section 5, "Allocation of Hotel Occupancy Tax Revenues," of CSC 36003, as previously amended by CSC 36632, is hereby amended to provide for a one-time payment associated with the costs of hosting the RCMA Exposition and to address allocation of additional revenues to the Bureau as direct monetary compensation for the costs associated with management, administration, and ensuring the continued operation of the Herd. To that end, subsection 5.01 of CSC 36003 is hereby re-designated subparagraph 5.01.A and new subparagraphs "C," "D," and "E" are hereby added,to read as follows: Second Amendment to CSC 36003 Page 6 of 11 ALLOCATION OF HOTEL OCCUPANCY TAX REVENUES 5.01. A. Each fiscal year shall begin on October 1 and end the following year on September 30. . . . . B. In order to offset the increased costs of bus transportation of convention delegates due to the need to use remote hotels . . . . C. In order to assist with costs associated with hosting the Religious Conference Management Association World Conference and Exposition in January 2010, the City agrees to provide the Bureau with a one-time payment in the amount of One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00) for the purpose of assisting the Bureau in paying costs related to receptions, dinners, facility rental, and other related expenses for the meeting planners visiting the City. D. In addition to any hotel occupancy tax revenues allocated to the Bureau under subparagraphs 5.01.A and 5.0l.0 and subject to the limitations contained in subsections 5.04 and 21.01, for the period January through September 2010, the City shall allocate to the Bureau Four Hundred and Forty-Two Thousand Five Hundred Eighteen Dollars and Forty-Four Cents ($442,518.44), which represents the anticipated net direct monetary costs to the Bureau associated with administration, management, and ensuring continued operation of the Herd for the period January 1, 2010 through September 30, 2010, including the costs of procuring workers' compensation insurance and paying certain one-time start up expenses. This amount shall be paid monthly in accordance with and subject to the terms outlined in subparagraph 5.01.A after any deductions have been made in accordance with subparagraph 5.0I I.E. Starting with the fiscal year 2010-2011, the Bureau shall include the net anticipated costs associated with administration, management, and ensuring continued operation of the Herd as part of the Bureau's base budget and preliminary Business/Marketing Plan submitted to the City on or before April 15 of each year in accordance with the requirements of Section 2.14(b). Compensation associated with the Herd shall be included as part of the payments of the Bureau's base budget in accordance with subparagraph 5.0I.A. Second Amendment to CSC 36003 Page 7 of 11 To the extent the allocated funds represent revenues from the City's hotel occupancy tax, such funds shall be maintained in a separate account established for purposes of maintaining hotel occupancy tax revenue and may not be commingled with any other money. E. In connection with ensuring operation of the Herd, the Bureau shall be licensed and assigned use and possession of certain City-owned vehicles. The City's Equipment Services Department (ESD) will continue to perform maintenance, repair, and fueling of these City-owned vehicles throughout their useful lives. Prior to making payments to the Bureau associated with the Herd, the City shall deduct the amount of the actual charges imposed by ESD with respect to the City-owned vehicles. The parties anticipate that City-owned vehicles will be decommissioned and returned to the City for disposal and replaced with vehicles that will be dedicated to the Herd program but not be directly titled to the City. Vehicles not titled to the City will not be maintained by ESD; therefore the parties anticipate that the ESD charges will be phased out over time. IV CSC 36003 is hereby amended by adding a new Section 5.5, "Nonmonetary and Indirect Support for the Fort Worth Herd Program; Use of Property and Revenues," to address services and property provided to the Bureau for use in administering, managing, and ensuring continued operation of the Herd program, to read as follows: 5.5 NONMONETARY AND INDIRECT SUPPORT FOR THE FORT WORTH HERD PROGRAM; USE OF PROPERTY AND REVENUES 5.51. In addition to appropriating hotel occupancy tax revenues pursuant to Section 5, the City shall, at no cost to the Bureau, provide nonmonetary and indirect support for the Herd in accordance with this section. 5.52. The Bureau shall be licensed and entitled to take possession of and use all City- owned equipment that is associated with operation of the Herd and that is listed in Exhibit "A," which is attached hereto and incorporated herein for all purposes as though it were set forth at Second Amendment to CSC 36003 Page 8 of ll length. Authorization to keep and use the property shall not be construed to create any ownership interest in the Bureau. Title to all City property shall remain vested in the City at all times. The Bureau shall ensure that all City property is maintained and repaired in accordance with standards of care that are equal to or better than those generally employed in the professional cattle and ranching industry. If any item listed in Exhibit A requires replacement because the item is damaged beyond repair or exceeds its useful life, the Bureau shall return said item to the City for final disposition in accordance with then-current requirements related to surplus City property. The Bureau may seek City assistance in procuring replacement items in accordance with subsection 2.16. 5.53. The City through the Trades Infrastructure group of the Parks and Community Services Department will continue to repair any damage that is caused by operation of the Herd program to the property and facilities leased from Hickman Investments, Inc. for use by the Herd. 5.54. The City through its Risk Management Division will acquire and pay for one or more commercial general liability insurance policies covering the Herd and providing total liability coverage of Five Million Dollars and Zero Cents ($5,000,000.00). 5.55. The City will work cooperatively with the Bureau and all other necessary individuals and entities to assist City employees who are hired by the Bureau and who wish to transfer account balances from the City's retirement fund to the Bureau's retirement plan and shall make all reasonable efforts to ensure any such transfer is effected in a manner that minimizes the risk of the transferring individual incurring a monetary penalty. 5.56. The Bureau shall be authorized, in its discretion, to enter into a relationship with one or more non-profit organizations, including but not limited to the Outriders of the Fort Worth Herd, for purposes of providing monetary and in-kind support for the Herd program. In entering into such relationships, the Bureau shall take all reasonable steps to ensure that all donations received by the non-profit(s) for the benefit of the Herd are in fact maintained for such purpose. In addition, the Bureau shall ensure that any such arrangement includes a legal obligation Second Amendment to CSC 36003 Page 9 of 11 requiring the non-profit(s) to turn over to the Bureau or to the City all funds, property, and materials that were previously donated for the benefit of the Herd in the event the non-profit(s) ceases to exist or ceases to serve as a support group for the Herd. 5.56. To the extent the Bureau receives any thing of value as a result of its administration, management, or operation of the Herd program (including but not limited to appearance fees and monetary and in-kind donations), the Bureau shall maintain each such thing of value solely and exclusively for the use and benefit of the Herd program, which use or benefit shall include the reasonable costs related to the management, administration, and operation of the Herd program. Any monies so maintained may not be commingled with any hotel occupancy tax revenues allocated by the City. 5.57. The Bureau shall keep and maintain for the sole use and benefit of the Herd program any property that is acquired by the Bureau (i) using funds provided by the City under this Agreement; (ii) using appearance fees or other income generated from the operation of the Herd program; (iii) using funds donated for the benefit of the Herd, including funds donated by means of a support organization; and (iv) as an in-kind donation to the Herd program, including in-kind donations made by means of a support organization. 5.58. At the time this Agreement ends, whether by expiration or earlier termination, the Bureau shall surrender to the City all property and monies described under subsections 5.56 and 5.57 in the manner prescribed by subsection 7.03 for property and monies associated with hotel occupancy tax revenues. V. All terms and provisions of CSC 36003 not specifically amended herein are and shall remain in full force and effect throughout the term of this Agreement and any renewals thereof. Second Amendment to CSC 36003 Page 10 of 11 EXECUTED in multiple originals on this, the day of , 2009. CITY OF FORT WORTH, TEXAS FORT WORTH CONVENTION AND VISITO BURE Charles W. Daniels avid Dubois Assistant City Mana er President Date Signed: 12P 3o p 9 Date Signed: ATTEST: WITNESS: 4 "-I C"" art Hendrix City Secretary rtT :z'Q p 0� 0000000 oz� APP VELD AJ TO ORM 00 d CORPORATE SEAL: AND L ALIT ! �f0 0�,,4�d OS� O0, Y% O Y T p 00 Denis C. cElroy a °°000000° ,� Assistant City Atto ey anA����4� M&C C- 2'1(6Ob OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX Second Amendment to CSC 36003 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/15/2009 —Ord.No. 18984-12-2009 DATE: Tuesday,December 15, 2009 REFERENCE NO.: C-24008 LOG NAME: 80FORT WORTH HERD TRANSFER TO CVB SUBJECT: Authorize Amendment to City Secretary Contract No. 36003 to Provide for the Management of the Fort Worth Herd Program by the Fort Worth Convention and Visitors Bureau and Adopt Supplemental Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council authorize the City Manager to: 1.Authorize an amendment to City Secretary Contract No.36003 to allow the Fort Worth Convention and Visitors Bureau to manage and supervise the Fort Worth Herd Program beginning January 1,,2010,and to provide payment of$433,180.19 for these additional services for the remainder of Fiscal Year 2010;and 2.Adopt the attached supplemental.appropriation ordinance increasing estimated receipts and appropriations by$38,015.69 in the Culture and Tourism Fund from unaudited,unreserved,undesignated funds. DISCUSSION: Tlie purpose of this M&C is to amend the City Secretary Contract No.36003, as previously amended,with the Convention and Visitors Bureau(CVB)to include the management, administration, and continued operation of the Fort Worth Herd. In Fiscal Year 1999,the Fort Worth Herd Program was established with the purpose of providing an authcntic interpretation of the history of the cattle industry and its impact on the growth and prosperity of Fort Worth. The transfer of the Fort Worth Herd Program to the CVB was discussed during the Fiscal Year 2010 budget development process in September 2009, and was presented to the City Council at the December 8, 2009,Pre—Council Meeting. The City of Fort Worth(City) and CVB Staff have been negotiating a contract amendment to include oversight of the Fort Worth Herd Program(Herd Program). Key provisions of the contract amendment will include the following: •The Amendment will be effective January 1,2010,and continue in effect throughout the term of the existing contract with the CVB, which expires September 30, 2012, and includes two one year renewal options; •The CVB will be required to conduct daily cattle drives at 11:30 a.m, and 4:00 p.m.in the Historic Fort Worth Stockyards on a year—round, seven—day--per—week basis weather or conditions permitting and to conduct the Herd Education Program.Additional appearances and performances will be allowed as long as they do not interfere with the daily drives or place too great a strain on the personnel or animals; •The City's Fiscal Year 2010 Budget allocated$539,337.00 for operation of the Fort Worth Herd Program under the City's administration. City and CVB Staff have identified the need for an additional$38,015.69 to operate under CVB administration for the nine months remaining in Fiscal Year 2010.This additional amount is primarily due to increased cost of workers'compensation insurance and one time start—up costs such as purchase of a computer. Setting aside the one time costs,the difference in the City's operating budget and the anticipated CVB budget equates to $43,810.25 for the entire fiscal year. Although the CVB intends to pursue sponsorships and donations to reduce operating costs,the projected budget difference does not include such alternative support,the availability and amount of which is unknown; •Beginning with Fiscal Year 2011 the CVB will be required to include the estimated cost of funding the Herd Program as part of its base budget and preliminary business/marketing plan, which the CVB submits to the City on or before April 15 of each year.In accordance with the existing terms of CSC No.36003,the CVB is limited to a maximum budget increase of three percent over the previous year's base budget. However, consideration may be given to address special circumstances that would exceed this cap such as possible one time allowances for replacement of vehicles; • City—owned assets associated with operation of the Herd Program will be licensed to the CVB at no cost.When such assets have exceeded their useful life or are no longer necessary for program operations they will be returned to the City and the City will retire the assets in accordance with Ci Policy.The CVB will be responsible for acquiring replacement assets, either by use of operating budget or through donation; •City—owned vehicles used by the CVB will continue to be maintained by the Equipment Services Department(ESD). The amount of actual ESD charges will be deducted from payments to the CVB. Replacement vehicles will be dedicated to use of the Herd Program but will not be titled to the City and the CVB will be responsible for maintenance; •If the CVB returns operation of the Herd Program to the City, all assets dedicated for use of the Program will be surrendered to the City for continued use by the Program; •The CVB will be authorized to use the Fort Worth Herd Trademark in accordance with and subject to the terms of the City's trademark registration document. Any proposed merchandise displaying the Herd logo will have to be approved by the Director of Public Events prior to production; •The CVB will give hiring preference to existing employees of the Fort Worth Herd Program who meet CVB's hiring criteria and efforts will be made by both the City and the CVB to ease the transition. Employees will be subject to the City's Reduction in Force Policy; and •The City will continue to provide indirect support to the Fort Worth Herd Program.The Parks and Community Services Department will continue to assist with minor incidental facility repairs and the Risk Management Division will continue to pay for liability insurance for the Herd. All other insurance will be the responsibility of the CVB. 'rise Fort Worth Herd Program is based in the Historic Fort Worth Stockyards in COUNCIL DISTRICT 2. flik progran7 services the entire Cily. FISCAL INFORMATION: The Financial Management Services Director certifies that upon adoption of the attached supplemental appropriation ordhwve,funds will be available in the current operating budget,as appropriated,of the Culture and Tourism Fund. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 21 GG04 531200 0240700 $38.015.69 11 GG04 531200 0240700 $433,180.19 CERTIFICATIONS: Submitted for City Manager's Office by: Charles Daniels (6183) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Richard Zavala (5704) ATTACHMENTS 1. 80FORT WORTH HERD TRANSFER TO CVB AO.doc 2. Denis McElroy changes made to M&C.doc 3. m&cfundlog_pdf FORT WORTH January 7, 2010 Mr. David DuBois 111 W. 41h Street Suite 200 Fort Worth, Texas 76102 Dear Mr. DuBois, I have enclosed Exhibits A, B & C for attachment to the Herd contract. Should you have any questions, please contact me at (817) 871-5744. Sincerel , D vid C ek Acting Assistant Director Parks and Community Services Department Cc: Denis McElroy, Assistant City Attorney Project File OFFICIAL RECORD CITY SECRETARY FT WORTH,TX 3Csm�yS'N TH PARKS AND COMMUNITY SERVICES DEPARTMENT THE. 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Z � m G G F V c 0 __---- -u7-- c >m- — - --- mil-- - - - -- -. yy Y S O N y a C)Q O N i O o y ~ �O �E y 0 Uy v °y 1 o _ o =a E m- mcNN Q Um oii Sau8m ° ° xLmo w mmacY 1 m ) Exhibit B Int. Cl.: 25 Prior U.S. Cis.: 22 and 39 Reg. No. 2,437,519 United States Patent and Trademark Office Registered Mar. 20, 20011 TRADEMARK PRINCIPAL REGISTER f FORT WORTS am CITY OF FORT WORTH, THE (TEXAS HOME- NO CLAIM IS MADE TO THE EXCLUSIVE RULE MUNICIPAL CORPORATION) RIGHT TO USE "FORT WORTH", APART FROM 1000 THROCKMORTON STREET THE MARK AS SHOWN. FORT WORTH,TX 76102 THE DESIGN CONSISTS OF A FANCIFUL RE- PRESENTATION OF A CATTLE BRAND COMPRIS- FOR: CLOTHING ITEMS, NAMELY, T-SHIRTS, ING THE LETTER"W"IN COMBINATION WITH A SWEATSHIRTS, 'CAPS, SHORTS, SCARVES, TIES BACKWARDS"F". AND JACKETS, 1N CLASS 25(U.S. CLS. 22 AND 39). SN 75-639,943,FILED 2-11-1999. FIRST USE 6-0.1999; IN COMMERCE 6-0-1999. AMY GEARIN,EXAMINING ATTORNEY i 3 i t� 7 OFFICIAL. RECORD CITY SECRETARY i FT. WORTH, TX i a Exhibit C "Operational Policies" C.1. Department Policy: Humane Treatment of Livestock Used in the Fort Worth Herd Program(February 1, 1999) C.2. Department Policy: Horse Management and Use Policy(February 1, 1999; Revised February 2, 2000) C. 3. Department Policy: Special Appearance Fees for the Fort Worth Herd (May 10, 2000) C. 4. Department Policy: Photography Sessions for the Fort Worth Herd (May 10, 2000) C.S. Department Policy: Management and Utilization of Period Clothing and Accessories for Use in the Fort Worth Herd Program (January 1, 2001) C. 6. Department Policy: Daily Drive Delays and Cancellations (January 1, 2001) C.7. Department Policy: Management of Accompanying Riders with Cattle Drives (February 1, 1999) Exhibit CA DEPARTMENT POLICY PARKS AND COMMUNITY SERVICES NAME OF POLICY: HUMANE TREATMENT OF LIVESTOCK USED IN THE FORT page 1 of 1 WORTH HERD PROGRAM EFFECTIVE DATE: February 1, 1999 Approved by Director I. Purpose To establish a policy to govern the management and utilization of livestock(horses and cattle)acquired for use in the Fort Worth Herd Program. II. Objectives A. A paramount goal of the Program is the safe and humane treatment of all livestock. B. To establish policy and criteria for persons authorized to care for and manage livestock. III. Policy Mandates A. Employees of the Fort Worth Herd Program are directly responsible for the care,safety,and humane treatment of all livestock(horses and cattle)involved in the Program. B. Such care includes feeding and health maintenance which include worming,vaccinations,hoof care,and general wellbeing. C. Feed shall meet all nutritional requirements to maintain livestock in good condition D. Forage(hay)shall be of type normal to feeding of livestock and inspected as to quality.In no case,will substandard quality be substituted. E. Any additional supplements needed,as recommended by a licensed veterinarian,shall be provided. F. All livestock shall be monitored daily in regards to appetite and general soundness.Any abnormality shall be brought to the attention of the Trail Boss and appropriate course of action taken to restore livestock to full health.When warranted,veterinarian services shall be called upon in a timely manner. G. A clean supply of fresh water shall be available to animals in quantity to insure no animal is duly stressed. Particular attention shall be required in summer months.Winter months require water to ice free and of temperature to insure adequate daily intake. H. Any training of livestock shall be done so as to minimize stress and reduce risk of injury to all animals involved. At no time will abuse of livestock be tolerated,either intentional or through neglect or oversight. Any allegations of same shall be immediately investigated by the Trail Boss and/or other supervisory personnel.If charges are substantiated,employee shall be subject to disciplinary action up to and including termination. I. At all time,all employees are to be aware of safety and humane treatment of all livestock. Any employee is expected to immediately make known any safety or humane factors involving livestock to the Trail Boss,or appropriate supervisor. a OFFIGIAA RECURD CITY SECRETARY FT.WORTH,TX Approved by the Parks and Community Services Advisory Board on April 18, 2000 Approved by City Council,M&C G-12910, on May 9, 2000 Exhibit C.2 DEPARTMENT POLICY HORSE MANAGEMENT AND USE POLICY PARKS AND COMMUNITY SERVICES _ EFFECTIVE_DAT& February-1,_1999 ______ _ page I of 2 Revised February 2, 2000 Approved by Director I. Pu ose: To establish a policy to govern the management and utilization of horses acquired for use in the Fort Worth Herd Program (the Program). II. Objectives: A. The most important goal of the Program is the safe and humane treatment of the livestock. Therefore, it is an objective of the Program to ensure the appropriate use and management of horses assigned to the Program. B. To establish policy and criteria for persons authorized to ride, sit on and maintain the horses. C. To ensure that management and use of Program horses is in accordance with coverage provided by outside insurance agencies. III. Policy Mandates: A) Only employees of the City of Fort Worth associated with the Program shall be allowed to ride, sit on or maintain the horses. B) No employee, citizen, docent or volunteer shall be allowed to ride or sit on a horse at any time without the expressed written authorization of the Parks and Community Services Department Director. C) For any individuals who according to Section III B and III F may not be allowed to ride or sit on a Program horse, Program staff will provided referrals to licensed horse riding rental operations. It shall be understood that the City does not endorse any of the referrals and is not liable for any actions, which may occur as the result of this referral. In these instances, the proposed rider shall be required to participate in a one (1) hour training and assessment session prior to the event. The final determination on whether the proposed rider may ride, in the event, will be the sole responsibility of the Program Trail Boss. D) In the event an individual is approved to ride in an event, a waiver of ' 4e4W-Git Fort Worth and the Program shall be required at least three days prio to tie evenfRECORD =TAP6Y E) In no event shall riding or training occur on an ongoing basis for anyone not directly, employed as part of the Program. r A. V'v`)"t B.: ,A DEPARTMENT POLICY PARKS AND COMMUNITY SERVICES NAME OF POLICY: HORSE MANAGEMENT AND USE POLICY page 2 of 2 EFFECTIVE DATE: Approved by Director F) As part of Section IIIB, no elected officials, family members, business associates, friends or acquaintances shall be allowed to ride or sit on any Program horse at any time. Those wishing to ride a horse must do so in accordance with Section III. C. G) The Program staff shall not be required to use or provide for the use of their own personal horses to accommodate riders. H) Program horses are the property of the City of Fort Worth and as such are subject to all policies and procedures governing city-owned property. I) Exceptions to this policy shall not occur. Exhibit C,3 DEPARTMENT POLICY PARKS AND COMMUNITY SERVICES NAME OF POLICY: SPECIAL APPEARANCE FEES FOR THE FORT WORTH HERD_--- -- -- - - - page 1 of 3 EFFECTIVE DATE: May 10,2000 Approved by Director I. Purpose To establish a policy and fees for special appearances by employees and livestock associated with the Fort Worth Herd Program. II. Objectives A. The Fort Worth Herd program serves as a symbol of Fort Worth's proud heritage and history in the cattle industry and its impact on the growth and development of the City. In addition to conducting daily cattle drives in the historic Stockyards District,the Parks and Community Services Department has established a structure for conducting special appearances of the Fort Worth Herd to further promote this legacy. B. To establish a fee structure for special events that will generate revenue for the educational,promotional and/or other components of the program. C. To ensure that special appearances are conducted in a way as to not interfere with the primary program of daily drives. III. Policy Mandates A. Special events and appearances require prior approval by the Department Head. Requests for special events and appearances must be received sixty(60)days prior to the event. B. Request for appearances must be in writing and should contain the following information: 1) Date,time and location of event. 2) Number of staff and livestock requested 3) A brief description and purpose of the event 4) Contact person and phone number C. If the event or appearance requires livestock and/or equipment,the City of Fort Worth requires a certificate of insurance for commercial general liability,which provides bodily injury,and property damage coverage at limits not less than$1,000,000 combined single limit per occurrence. The City of Fort Worth and the official support group shall be named as additional insured on the certificate,listing the date(s)and location of the event. D. The Fort Worth Herd office must receive the insurance certificate at least three(3)business days prior to the event. E. Requests for appearances or special events will be booked on a first come,first serve basis. The Public Education Specialist for the Fort Worth Herd will be responsible for maintaining appearance and event schedules. IV. Fee Structure ,�eA t-EE-, � nn A. Fees are non-negotiable and due thirty(30)days prior to the event. t�'t0 99 5� deadline will result in cancellation of the event or appearance. CITY SECRETARY FT.WORTH,TX DEPARTMENT POLICY PARKS AND COMMUNITY SERVICES NAME OF POLICY: SPECIAL APPEARANCE FEES FOR FORT WORTH HERD page 2 of 3 EFFECTIVE DATE: May 10,2000 Approved by Director B. Fees are structured to allow for full cost recovery of direct costs plus an amount that supports the educational,promotional and/or other components of the program. They are as follows: Staff(normal working hours) $20/person/hour Staff(after hours) $30/person/hour Livestock $20/animal Delivery and Set-up $100 Administration 28.25%of total direct costs Appearance fee(non-profit) $250 Appearance fee(for-profit) $500 C. Any event or appearance requesting livestock will require that two paid staff accompany the livestock for handling purposes. All events and appearances will be booked in one hour increments with a two hour minimum. Travel time to and from the event will be included in the fee. The delivery and set-up charge applies to events and appearances within a thirty(30)mile radius of the Fort Worth Stockyards. For events outside the thirty(30)mile radius an additional charge of$2.00 per each additional mile will be added. Travel is limited to Tarrant and the adjoining counties unless approved by the Director of the Parks and Community Services Department. D. Non-profit rates apply to those organizations registered with the Internal Revenue Service as a 501-C3. E. All fees will be collected by the"Outriders",the official support group for the Fort Worth Herd. The "Outriders"will reimburse the City for all direct costs including administration. The remaining funds will be used to support the educational,promotional and/or other components of the program. The Director of the Parks and Community Services Department must approve expenditure of the remaining funds. F. Salaried personnel are available at no cost for presentations to civic and business groups outlining details of the program. V. Cancellations A. When the requestor chooses to cancel an appearance or event,a letter detailing the reason for the cancellation must be submitted to the Fort Worth Herd Office as soon as the decision is made. B. If the event is cancelled due to inclement weather or for personal reasons, i.e.,death or illness,the event holder has thirty(30)days to request a refund. This request may be submitted to the Fort Worth Herd Office in writing or by phone call. C. Cancellation refunds are as follows: Ten business days or more prior to the event Refund 75%of fee Less than ten business days Refund 50%of fee Cancelled due to inclement weather Reschedule or refund 75%of fee Event holder shall comply with all Federal,State and local laws,regulations and ordinances. In the event any law regulation or ordinance becomes effective after the approval of the Parks and Community Services Department Exhibit C.3 DEPARTMENT POLICY PARKS AND COMMUNITY SERVICES NAME OF POLICY:_ SPECIAL APPEARANCE FEES FOR - -- . - - -- - - page 3 of 3 FORT WORTH HERD EFFECTIVE DATE: May 10,2000 Approved by Director (PACSD)Policy;the Event Holder is required to comply with the new policy. Any mandates requiring the City to comply with the new guidelines will also require the PACSD to comply. The Director of the PACSD reserves the right to deny appearances by the Fort Worth Herd to any requesting entity at his/her sole discretion. The only exception to this policy include events for the Southwestern Exposition and Livestock Show and qualified events sponsored by the Fort Worth Convention and Visitors Bureau and the Historic Fort Worth Stockyards. Approved by the Parks and Community Services Advisory Board on April 18, 2000 Approved by City Council,M&C G-12910, on May 9, 2000 R IAL RECORD SECRETARY OR�'I4,TX Exhibit C.+ DEPARTMENT POLICY PARKS AND COMMUNITY SERVICES NAME OF POLICY: PHOTOGRAPHY SESSIONS FOR THE FORTWORTITHERD page 1 of 1 EFFECTIVE DATE: May 10,2000 Approved by Director I. Purpose To establish a policy and fees for photography sessions by employees and livestock associated with the Fort Worth Herd Program. II. Objectives A. The Fort Worth Herd program serves as a symbol of Fort Worth's proud heritage and history in the cattle industry and its impact on the growth and development of the City. In addition to conducting daily cattle drives in the historic Stockyards District,the Parks and Community Services Department has established a structure for photography sessions of the Fort Worth Herd to further promote this legacy. B. To establish a fee structure for photography sessions that will generate revenue for the educational, promotional and/or other components of the program. C. To ensure that photography sessions are conducted in a way as to not interfere with the primary program of daily drives. III. Policy Mandates A. As a matter of course,no fees or use restrictions for photographs of the Fort Worth Herd livestock and/or staff will be assessed for photography that does not interfere with the operations and schedule of the daily cattle drives. B. Photography sessions that require the dedicated presence of staff and livestock off site shall be subject to the Fort Worth Herd Special Appearance policy and its fees. C. Photography sessions that require the dedicated presence of staff but are held on site in the Stockyards during normal working hours are subject only to an appearance fee of$500 for profit and$250 for non-profit. D. Photography sessions that require the dedicated presence of staff and livestock shall take place primarily between the hours of 8 am to 10 am or 1 pm to 3 pm seven days a week. Photography sessions held before 8 am or after 5 pm are permitted in accordance with the Special Appearance Policy and its fees. E. Photographs must be used in such a way that they portray the city of Fort Worth and Fort Worth Herd livestock and staff in a positive manner. Individuals and organizations will be required to sign a written agreement that states that they will not imply any type of endorsement by the Fort Worth Herd or the City of Fort Worth. F. The Director of the PACSD reserves the right to deny photography sessions with the Fort Worth Herd to any requesting entity at his/her sole discretion. The only exception to this policy is qualified photography sessions sponsored by the Historic Fort Worth Stockyards, the Southwestern Exposition and Livestock Show and the Fort Worth Convention and Visitors Bureau. G. The Special Appearance Policy is attached hereto and incorporated herein. Approved by the Parks and Community Services Advisory Board on,4pri1 18, 2000 EOFFICIAL REJ CREApproved by City Council, Af&C G-12910, on May 9, 2000 R`I'M Exhibit C.5 DEPARTMENT POLICY PARKS AND COMMUNITY SERVICES NAME OF POLICY: MANAGEMENT AND UTILIZATION OF PERIOD page 1 of 3 CLOTHING AND ACCESSORIES FOR USE IN THE FORT WORTH HERD PROGRAM EFFECTIVE DATE: January 1,2001 Approved by Director 1) Purpose To establish a policy to govern the management and utilization of period correct clothing and accessories acquired for use in the Fort Worth Herd Program. 2) Objectives a) A paramount goal of the Program is to depict an authentic representation of an 1890's cattle drive to market. Therefore, it is an objective of the Program to ensure the appropriate use and management of period clothing and accessories assigned to the Program. b) To establish a policy and criteria for persons authorized to wear period clothing and accessories. 3) Definitions a) Clothing is generally defined as shirts and pants. b) Accessories are generally defined as hats, wild rags, suspenders, vests, coats, dusters, slickers, brush cuffs, boots, chaps, etc. 4) Administration a) Employees of the Fort Worth Herd will be allowed to select period clothing and accessories from an authorized assortment of colors and styles. To ensure the authenticity this authorization will be determined by the Trail Boss as recommended by the Historical Curator. b) Employees of the Program will be required to remain within the assigned allotment as determined by the Trail Boss based on annual budget allocations. Any purchases exceeding the assigned allotment will be the responsibility of the employee making that purchase unless exceptions are made by the Director of the Parks and Community Services Department. c) Period clothing will be replaced annually as determined by the Trai of accessories will be based on individual need as determined by the T Ei pqA teplac em of accessories that are no longer acceptable due to wear or age will oc r on an annual basis. The Trail Boss will maintain and update a current inventory of clothing and accessories for is P DEPARTMENT POLICY PARKS AND COMMUNITY SERVICES NAME OF POLICY: MANAGEMENT AND _ 2 3 UTILIZATION OF PERIOD gage of CLOTHING AND ACCESSORIES FOR USE IN THE FORT WORTH HERD PROGRAM EFFECTIVE DATE: January 1,2001 Approved by Director employee of the program. Accessories to be replaced must be returned to the Trail Boss and noted on the individual's inventory of clothing and accessories. d) Purchase of period clothing and accessories for new hires will be at the discretion of the Trail Boss. 5) Use a) Only employees of the City of Fort Worth directly or indirectly assigned to the Program shall be allowed to wear period clothing purchased by the City of Fort Worth for this program. b) All Program personnel will wear period clothing while on duty and at all approved special events and engagements. Employees arriving at work or approved special events and engagements out of costume will be sent home without pay until they return dressed correctly. Clothing shall not be worn at any other time or when off duty. c) The Trail Boss must authorize as recommended by the Historical Curator any personal effects worn by Program employees. This includes items such as jewelry, watches, etc. d) Program personnel will be responsible for cleaning of the period clothing. Articles of clothing or accessories may be worn if kept in acceptable repair. No starch will be allowed in any cleaning process of Program clothing. e) From time to time, special events or programs may call for period clothing to be worn by an employee of the City of Fort Worth not directly related to the Program. In these instances, the PACSD Director will require written authorization. f) Program employees are responsible for all clothing articles issued by the City of Fort Worth. 6) Termination a) If a Program employee terminates within six months of the purchase of period clothing, he/she must turn in his/her period clothing or one-half the cost of the clothing will be deducted from his/her final paycheck (see Clothing Allowance, page 34, Personnel Rules and Regulations). Exhibit C.s DEPARTMENT POLICY PARKS AND COMMUNITY SERVICES NAM_ E OF POLICY: MANAGEMENT AND UTILIZATION OF PERIOD page 3 of 3 CLOTHING AND ACCESSORIES FOR USE IN THE FORT WORTH HERD PROGRAM EFFECTIVE DATE: January 1,2001 Approved by Director b) Upon termination, all accessories listed in the employees personal inventory must be returned. Failure to do so will result in the cost to replace any missing accessories being deducted from the employee's final check. 7) Violations a) There are no exceptions to this policy. Employees in violation of the policy will be subject to disciplinary action as determined by the Trail Boss. The policy replaces the previous policy entitled "Management and Utilization of Period Clothing for Use in the Fort Worth Herd Program"dated February 1, 1999. OFFICIAL, RECORD CITY SECRETARY FT. NORTH,TX Exhibit C.G DEPARTMENT POLICY PARKS AND COMMUNITY SERVICES NAME OF POLICY: DAILY DRIVE DELAYS AND CANCELLATIONS - - page 1 of 2 EFFECTIVE DATE: January 1,2001 Approved by Director Purpose It is the intent of the Fort Worth Herd to conduct cattle drives in the Historic Fort Worth Stockyards each day at 11:30 a.m. and 4:00 p.m. On occasion, inclement weather factors could jeopardize the safety of the viewing public, staff, and livestock. This policy outlines conditions for which the daily drive could be delayed or even cancelled. Conditions to Consider 1. Freezing rain, sleet or snow rendering the street surface icy. 2. Thunderstorms with lightning, heavy rains and/or hail. 3. Tornado warnings issued for Tarrant County. 4. Extremely low temperatures and wind chill factors where prolonged exposure is not advised. Procedures 1. The Trail Boss or Top Hand in charge will monitor forecasts from the National Weather Service to determine if impending weather conditions could cause the drive to be delayed or cancelled. 2. If possible, the decision to delay or cancel the drive should be made by 9:00 a.m. however, the Trail Boss or Top Hand in charge has authority to delay or cancel the drive at anytime. 3. When the decision is made to delay or cancel the drive, the proper signage should be displayed informing the viewing public. The Trail Boss or Top Hand in charge shall contact the following by phone: • Immediate Supervisor • Stockyards Station • Stockyards Visitors Center • Fort Worth Convention and Visitors Bureau • Fort Worth Police Department Mounted Patrol 4. Options in lieu of the daily drive include moving the cattle to Co splay and interaction with the viewing public. This option requires pri f nlrbval ft�irt Cozy own Coliseum management. Gil Y 6EC E IARY FT. WORTH,TX DEPARTMENT POLICY PARKS AND COMMUNITY SERVICES NAME OF POLICY: DAILY DRIVE DELAYS AND CANCELLATIONS page 2 of 2 EFFECTIVE DATE: January 1,2001 Approved by Director 5. The above conditions could also affect street interaction. The Trail Boss or Top Hand in charge shall determine when it is appropriate to limit interaction on the street. 6. The decision to delay or cancel the drive rests with the Trail Boss or Top Hand in charge inclusive or exclusive of any conditions set forth above. Exhibit C.7 DEPARTMENT POLICY PARKS AND COMMUNITY SERVICES NAME OF POLICY: MANAGEMENT OF ACCOMPANYING RIDERS WITH page 1 of z CATTLE DRIVES EFFECTIVE DATE: February 1, 1999 Approved by Director I. Purpose To establish a policy to govern the management of accompanying riders in conjunction with cattle drives of the Fort Worth Herd program. II. Objectives A. The most important goal of the program is the safety of the people and property and the humane treatment of the livestock.Therefore, it is an objective of the Program to insure effective management of any riders that desire to accompany the cattle drives. B. To establish policy and criteria for persons authorized to accompany any cattle drive. III. Policy Mandates A. Only employees of the City of Fort.Worth directly or indirectly assigned to the Program shall be allowed to interface with the cattle on any cattle drive. B. No employees,citizens,docent or volunteer shall be allowed to interface with the cattle on a cattle drive without the expressed written authorization of the Parks and Community Services Department Director. C. From time to time,special events or programs may call for trailing of cattle by an employee of the City of Fort Worth,not directly related to the Program and/or an elected or appointed official or official guest or dignitary of the City. In these instances, the proposed rider shall be required to participate in a one(1)hour training and assessment session prior to the event.The final determination on whether the rider may interface with the cattle, in the event,will be the sole responsibility of the Program Trail Boss. D. In the event an individual is approved to ride and interface with cattle in an event,a waiver of liability to the City of Fort Worth and the Program shall be required at least three(3)days prior to the event.Furthermore,the approved rider must provide their own mount and tack. E. In no event shall riding and interfacing with/or in the cattle drive on an on going basis for anyone not directly employed as part of the Program be allowed. F. Fees for riding in the program may be assessed at the discretion of the Parks and Community Services Director. Such fees shall address any direct cost and a fair return for the privilege to ride. G. Exception to this policy shall not occur. Approved by the Parks and Community Services Advisory Board on April 18, 2000 EOFFICIAL Approved by City Council, M&C G-12910, onlfay 9, 2000 R �SJRDECRE"VARYORTH,TX